The Cory Maye case

[Originally published on a weblog called “What Is Liberalism?”]

Via BattlePanda, I am pointed to the tragic case of Cory Maye:

#Facts Not in Dispute

# A local narcotics task force conducted a drug raid on the Prentiss, Mississippi duplex apartments of Jamie Smith and Cory Maye on December 26, 2001.

# Smith was arrested without incident. Significant quantities of marijuana were found in his home. Both Maye’s current and former attorneys say Smith was never charged for drug possession or distribution. District Attorney McDonald says he doesn’t remember Smith being charged or convicted. Maye was never charged with a drug crime. So the only criminal charge of any kind to come out of this raid was the murder charge against Maye.

# Police executed the warrant on Maye’s home sometime after 11pm. They first attempted to enter through his front door, then went around to the back. Maye was in his bedroom with his 18-month old daughter when the door was forced open by a cop other than Officer Jones. Officer Ron Jones was the first one to enter Maye’s apartment. Maye fired three times. One bullet struck Jones, and killed him.
…
# At the time of his death, Jones was the son of the Prentiss, Mississippi police chief. Chief Jones is now retired.

# Maye is black. Jones was white.

# Jones was armed when he entered Maye’s apartment, but his gun was holstered.

# Maye fired three times in rapid succession. After the third shot, the remaining members of the task force shouted “police!” and entered the apartment. At this point, Maye dropped his gun, put up his hands, and surrendered.

# Maye had no criminal history, no history of violence, and no prior drug arrests — not even misdemeanors.

# The search warrants and affidavits list Jamie Wilson by name, and refer to him as a “known drug dealer.” There was also a warrant for a search of Maye’s home, but it didn’t list Maye by name. None of the affidavits or warrants mention Maye by name.

# The only direct evidence in favor of a search warrant against Maye seems to be a confidential informant’s tip to the investigating officer that a “large amount” of marijuana was being stored in Maye’s apartment 24 hours before the raid. The officer also says he saw considerable traffic coming to and from the duplex at unusual hours.

# Immediately after the raid, police first said they found no drugs in Maye’s apartment. Days later, they say they found a small bag of “allegedly marijuana,” and three pieces of a burnt cigar, also containing “allegedly marijuana.”

…

Facts in Dispute:

# Whether or not the narcotics task force sufficiently announced themselves and gave Maye time to peacefully answer the door before forcing entry.

# Where the drugs in Maye’s apartment came from.

# Why the times listed on the evidence sheets for both Maye and Smith’s apartments were repeatedly scribbled out. Why Maye’s sheet lists no exact time the evidence was collected. Why the evidence in Smith’s apartment was collected on the 26th, immediately after the raid, while the evidence in Maye’s was apparently collected at 5:20am the next day (though again, that time was the last of three times entered, the first two being scribbled out to the point of being illegible).

# The legitimacy of the warrant for Maye’s residence. It appears to have been issued solely on the word of a confidential informant, who says he spotted marijuana in the apartment. If the warrant was illegitimate, police should never have broken down Maye’s door. If it was legitimate, they’d still have to have clearly announced themselves, and given Maye time to answer the door, for him to be guilty of capital murder.