Amid FBI bribery investigation, Jody Owens should resign

Hinds County District Attorney Jody Owens should resign, or at a bare minimum, take a leave of absence. The most populous county in Mississippi deserves a top prosecutor doggedly committed to getting dangerous criminals off the streets.

Embroiled in a budding bribery scandal, Owens cannot possibly hope to maintain the focus necessary to lead his office to help solve literal life and death problems.

While homicides have fallen since peaking in 2021, the City of Jackson, which serves as both the county and state seat of government, leads the nation in murders. Jackson’s 2023 homicide rate of 78.8 per 100,000 citizens gives it the dubious distinction of being 14 times higher than the national average of 5.5.

The citizens of Hinds County also deserve to know the person entrusted with maintaining the law and punishing wrongdoers, operates above reproach — that he is not just a law enforcer, but a law follower. Nothing undermines public trust more than leaders who ask more of those they serve than of themselves.

Finally, the attorneys in his employ deserve a chance to do their jobs without a pall over the integrity of their work, or the risk that their association with Owens might follow them for the rest of their professional lives. Public perception of corruption has a way of splattering on those in proximity.

Two Assistant District Attorneys, Barbara Bluntson and Steve Usry, have left since the May raids on their office and businesses owned by Owens. Its not clear what, if any, impact the raids had on their decisions.

But it’s hard to imagine that the attorneys remaining in the office aren’t distracted by the news cycle, thoughts of how this will impact their careers, and consideration of exit ramps. None of which behoove citizens, who expect and need a functioning district attorney’s office.

What of Presumed Innocence?

Owens may yet evade indictment or conviction. But no matter the outcome of any legal proceedings against him, the allegations swirling compromise his ability to fully and faithfully execute his office right now.

The FBI does not raid a public official’s office and businesses for giggles. Those raids typically occur on the back end of an investigation.

This week, the first domino fell when former Jackson City Councilwoman Angelique Lee pled guilty to conspiracy to commit bribery. The charge relates to an FBI sting operation conducted earlier this year. Two FBI operatives posed as the developers of a fictitious hotel. They sought help to grease the skids for approval.

The unsealed criminal information revealed that with the aid of someone identified only as “Co-Conspirator A,” the developers plied Lee with cash and a shopping spree. In exchange, she promised her vote to close a road and clear the path for the development.

On March 19th, Owens filed paperwork to form Facility Solutions Team, LLC with the Mississippi Secretary of State. As first reported by WLBT, nine days prior to formation, on March 10th, Facility Solutions submitted a proposal in response to a Jackson RFQ to build the phony hotel.

The proposal listed a developer in Hendersonville, Tennessee and Bloomfield Hills, Michigan. Owens and Sherik Smith were included in the proposal as “associated local businessmen.”

On the same day Lee pled guilty, Owens’ attorney, Rob McDuff, told reporters at Mississippi Today: “Two gentlemen who claimed they were successful large-scale developers with their own development company raised with him [Owens] the possibility of building a convention center hotel in Jackson. He believed them, and after multiple conversations, agreed to help them. It turns out they were operatives for the FBI.” 

Path for Prosecutors

It appears Owens served as lubricant between the two FBI operatives posing as developers and Jackson city officials who had authority to approve the hotel project.

Prosecutors in the U.S. Attorney’s Office proceeded against Lee under a federal law (18 U.S.C. § 666) that addresses bribery of local officials when the official works for a government unit that receives $10,000 or more in federal dollars. Jackson qualifies.

The law prohibits officials from accepting anything of value in exchange for agreeing to use their position to accomplish a government act. It also prohibits offering or giving a public official anything for that purpose.

In a statement given to Front Office Sports, Owens’ camp distinguished Owens’ public service from his work in real estatement development, voicing an understanding “that the federal investigation does not involve Jody’s service as District Attorney.”

This parsing may be indicative of a defense strategy built on the idea that payments, if any, received by Owens from the FBI operatives would not consistute receipt of a bribe by a public official — essentially that Owens’ involvement occurred outside the capacity of his office.

What this parsing would not guard against is an accusation that Owens offered or provided bribes to other public officials on behalf of the FBI operatives, assuming prosecutors could establish supporting facts.

Here’s an example of how the law would play out for someone offering a bribe:

“Co-Conspirator A” in Lee’s criminal information allegedly funneled the bribe payments through his bank account to Lee. According to the court document, he also permitted her to use a credit card owned by one of the FBI operatives for her shopping spree. If Co-Conspirator A communicated or knew the purpose the payments, his involvement very likely violates the law.

Lagniappe

Front Office Sport’s A.J. Perez reported this week that “Owens and Jackson Mayor Chokwe Lumumba are both subjects of the federal probe.” While Owens appears to be positioning through his attorney, Lumumba shows no outward signs of concern.

Lumumba previously denied claims the FBI searched his home. “There was no raid on my home or anything like that,” he told reporters at the time. “Other than that, I have no comment, no knowledge.”

He expressed regret over Lee’s departure from the Jackson City Council on Wednesday, offering her well wishes, while not acknowledging the underlying circumstances.

Last night, a video of Lumumba announcing an upcoming mayoral conference in San Juan, Puerto Rico began circulating on social media. He indicated the theme of the event was “ethics, transparency, and compliance.”