Posted on 11/30/2006 1:26:19 PM PST by somniferum
Media Credit: Ryan Moore
Daniel Reed Cummings, the second-year University of Mississippi student indicted for capital murder, was denied bond Wednesday after more than three hours of testimony from character witnesses and a police investigator.
Lackey said he trusted the character witnesses' testimonies on behalf of Cummings and recognized that young people make mistakes but said he had a duty to uphold the law.
"If I would let my emotions or my feelings overrule, I would grant bond," said Lackey, "but under the law, which I'm sworn to the law, I believe I would be in error, and for that reason, the motion to grant bond is hereby overruled. That's my ruling."
Admitting that he does not believe Cummings killed Officer Langley on purpose, Judge Lackey still felt "under law [he'd] be in error" to release Cummings.
Those charged with capital murder are usually not granted bond, but the defense built their case around whether the charges should have been considered "capital."
Judge Henry Lackey said a surveillance tape produced as evidence by the prosecution did show Cummings' actions to be of a "depraved heart" and "without regard for human life," which constitutes capital murder, according to the Mississippi Code.
Following the protocol for non-capital charges, the defense attempted to prove Cummings would not be a threat to the community if he were released on bond and would not pose a flight risk.
The courtroom was packed with many audience members forced to stand, including many of Cummings' Sigma Alpha Epsilon brothers, his friends and family.
Steve Farese, Cummings' defense attorney, commented to the court of the large group of support that had turned out for Cummings' hearing.
"Charles Manson does not have this kind of support. Daniel Cummings does because Daniel Cummings is not Charles Manson. He's not this horrible demonized criminal maniac he's been made out to be."
The general consensus of those testifying for Cummings was that both Daniel and his parents were "good, upstanding Christian people."
The prosecution's case centered around Cummings' legal discrepancies to what his character witnesses testified, including his positive drug test results and former vandalism charges.
When asked by District Attorney Ben Creekmore if he had a drug problem, a red-faced, teary-eyed Cummings said, "The problem I once possessed that you speak of, I have now... put it to rest." Cummings attributed his month and a half at the Lafayette County Detention Center to helping him clean up as it was also a chance to "get closer to Christ."
In his closing Farese said that many young adults in college experiment. Farese admitted that if he had seen marijuana as a college student that he, too, "might have been tempted to experiment."
Lackey replied to Farese's remarks in his ruling, saying that during the marijuana-related comments, he witnessed many "smirks from some of the youngsters that don't realize you're dealing with poison."
Lackey wanted to impress upon the young people who had come to support Cummings that life is fragile. On his way to court to hear the Cummings bond trial, Lackey was delayed behind a drunk driver until he could contact the police to get her off the road. That incident pressed upon his mind how easily innocent lives can quickly be taken.
Law enforcement officers from both the University Police Department and Oxford Police Department were also present.
After a much heated debate in court, Farese also offered a formal apology to Creekmore.
"If I have said or done anything unprofessional, I am sorry," Farese said. "Sometimes in the heat of passion, I don't always make the right decision either."
More information related to the investigation portion of the trial was revealed in the hearing, used by the prosecution to uphold the capital murder charge and indictment.
Maj. Joey East, an investigator with the Oxford Police Department testified on behalf of Michelle Thompson, the other university police officer present when Cummings was pulled over on the night of Officer Robert Langley's death, and other witnesses.
Steve Farese, Cummings' defense attorney, rebutted East's testimony, which included statements from memory on behalf of many witnesses who did not directly testify at the hearing. Farese called these "pseudo-witnesses," and upon cross-examination the state could not present the defense with sworn testimonies of those East represented.
East's recounting of Thompson's reports started when Thompson first saw Cummings speed past her as she was parked off Fraternity Row early on Oct. 21 making traffic stops with Langley, who was stationed on Rebel Drive.
Thompson radioed in at approximately 2:00 a.m. to ask Langley if he saw anyone speeding down Fraternity Row. She had clocked a vehicle at 40 mph in an 18 mph zone.
Thompson turned on her blue police lights, and the vehicle stopped at the stoplight at the end of Fraternity Row.
Thompson then continued to pursue the vehicle with her lights flashing to the Double Quick BP on Jackson Avenue. Langley arrived at the gas station quickly thereafter.
Thompson was the first to approach the Ford F150 pickup truck and said the suspect sounded "agitated," his eyes were bloodshot and the smell of alcohol emanated from his car.
Thompson said Cummings spoke to her first as she approached the vehicle.
"What do you want?" Cummings asked.
"Why didn't you stop?" replied Thompson.
"I don't know what you're talking about," Cummings said.
She asked where he had come from to which he first replied, "I'm not coming from anywhere," and later said, "I'm coming from the SAE house."
Langley approached the vehicle on the passenger side as Thompson asked Cummings to step out of the vehicle
After asking Cummings to please step out of the car, Cummings opened his door and stepped out, surrendering his license.
The officers questioned the contents of a cooler in Cummings' vehicle.
He again said, "I don't know what you're talking about."
The cooler was later found to contain "alcoholic beverages," according to East.
Thompson asked for Cummings' insurance verification and said Cummings, in "one quick motion" as if he were retrieving the insurance information from the car, jumped back in the car and attempted to flee.
Thompson said Cummings revved his engine, throwing the vehicle into reverse and backing up quickly.
Langley hurriedly stuck his hand in Cummings' window in an attempt to prevent him from leaving. Cummings backed up and then headed west on Jackson Avenue for about 1/10 of a mile with Langley hanging on to the truck.
Thompson said she saw Cummings accelerating, and the two "tussled" in East's words. The truck was then seen "weaving to the curb" and then Thompson heard and saw Langley hit the ground.
Maj. East testified that about an hour or so later, police got a call that a vehicle matching Cummings' F150 was blocking traffic at High Pointe Condominiums.
Upon arriving at High Pointe, officers discovered that Cummings' truck was stuck on an embankment.
After interviewing eyewitnesses, police determined that Cummings had fled to the home of a fellow SAE brother, Clarence Henry Kitchens III.
Kitchens reported to police that he was upstairs with his girlfriend when he heard someone knocking and banging on the door. Thinking it was just one of his drunk friends, he ignored it until he peeked out the window and saw what he believed to be someone urinating on his tires.
Cummings asked Kitchens to help pull his truck off the embankment, but Kitchens invited Cummings to just come in and lie down instead. Kitchens went upstairs to tell his girlfriend what was happening, leaving Cummings to use his cell phone after Cummings said his was broken.
Coming back downstairs, Kitchens overheard Cummings saying, "I'm in trouble. I've messed up. I got pulled over by an officer. I backed up and I think I drug one."
After speaking with his parents on the phone, Cummings decided to turn himself in.
Before he did so, Cummings gave Kitchens a few items to hide before the police arrived: car keys, wallet, a fake ID, a clear sandwich bag that contained marijuana and a marijuana pipe, which Kitchens later turned over to the police.
Cummings remains in the detention center awaiting trial. A trial date has not been announced, but the next court session is slated for February.
MS Ping
Update on the Cummings case for anyone interested..
Three hours of character witness testimony? Good grief. Should never be allowed. How can a character witness' testimony have any influence on whether or not bond is granted? What are these witnesses going to say? He's a nice guy, good with children and dogs. Never mind that he killed someone.
Stupid.
CLOSER? He got drunk and killed someone. Hardly the evidence of a regenerate life.
There was another thread about this fellow earlier today. I can't see why people are so upset about him being denied bail. He killed a Police Officer. He should have to answer for what he did. He will be facing a stiff sentence with very little possiblity of acquital. Letting him out on the street would be inviting flight.
"He killed a Police Officer."
Over the past few days I've learned that numerous FReepers seem to consider that a good thing. I've been involved in several threads over the past few ays wwher comments like, "The crooks are better than the cops" and "I'm more afraid of cops than crooks" were the dominant themes of the thread.
I would say that Mrs. Johnston's death by police raid would meet you criteria. Do you wish to defend that? and if so which part? The lying police officers, or the informant who is in protective custody, or the crack buy that never happened?
Two hours of character witnesses are a waste of the court's time unless they all were willing to be responsible for his bail.
Thanks for the update.
What's this? No experts have signed on to tell us we're all wet and wrong about the wonderful college boy from a nice family etc.
"Do you wish to defend that?"
The investigation has barely begun and those cops have been tried and hung in the eyes of many FReepers. Even your post takes one side of the story as solid fact. That said, if they are found to be guilty of crimes, nail 'em and hard.
If there is anything we owe law enforcement, it's the benefit of the doubt. Most cops are hard working decent people who go out into an unappreciative public and do their best.
Read some of the posts about cops on those threads. Not about this issue in particular but cops in general. Pretty sickening, IMO. It's like watching DUers talk about the military.
If there is anything we owe law enforcement, it's the benefit of the doubt. Most cops are hard working decent people who go out into an unappreciative public and do their best.
I can agree that the vast majority of cops are decent hardworking backbone of the community type folks.
The police first intimated that they had done buy of crack, then they said that the informant had done the buy, and that there were cameras all around the building that the drug dealer (Sam) monitored around the clock. Or that is what they told the judge at least when they applied for the no knock/high risk warrant.
It turns out that none of that is true.
The college student in the story is being held on charges of murder, he has faced a judge, he was arrested within a hour of his actions.
The cops who manufactured that story to get teh no knock warrant got suspended with pay.
You tell me.
"The cops who manufactured that story to get teh no knock warrant got suspended with pay. "
I have not seen it confirmed that their story was manufactured, just that the informant said they did, which is possible. Why they would do that is beyond me but it is possible. But that's not my point.
For kicks, just watch the threads where an officer is involved in a shooting. Hatred will flow. That is my point.
PING
Cop hatred is nothing new on FR. There is a good number of people who sing songs of praise whenever a police officer dies. They see them all as "jack booted government thugs" who deserve nothing but a bullet.
I wonder if all the newbies will swarm to this thread like last time?
They haven't yet.
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