Judge denies, dismisses petition for hearing against MPD

A Madison County judge denied the state of Mississippi's petition for a probable cause hearing on trespassing charges filed by Robin Mayfield against three Madison Police officers.

Circuit Court Judge John H. Emfinger denied and dismissed the petition on procedural grounds, stating that "any prosecution for trespassing under this section should be commenced by the issuance of a citation, not by the issuance of an arrest warrant."

Robin Mayfield said in a written statement she plans to re-file the charges in accordance with the ruling, and this is "not over."

The probable cause hearing would have allowed the judge to determine whether there was sufficient evidence to issue arrest warrants for the police officers.

"Accordingly, because no warrant may be issued for the arrest of the respondents, the Court finds there is no basis for a probable cause hearing," the order concluded.

Robin Mayfield's attorney insisted the charges be filed under one of six other trespassing statutes and not the traditional statute, explained Ridgeland prosecutor Boty McDonald.

Part of the statute states that as opposed to the traditional statute where judges are charged with enforcing the law, "it shall be the duty of sheriffs, deputy sheriffs, constables and conservation officers to enforce this section" and that the officer will do so by "issuing a citation to those charged with trespassing under this section."

"I very much appreciate the court's quick attention to this important case. I followed the procedural instructions of the Ridgeland Police Department and prosecutor when I filed the charges," Robin Mayfield said in a written statement. "The court has made a ruling only on the procedural aspects of the case. It makes absolutely no determination of, nor does it touch on, the guilt or innocence of the defendants. This is not over. I will re-file the charges in accordance with this procedural ruling of the court."

McDonald said, however, that Mayfield's lawyer "insisted upon" this particular statute as opposed to the traditional one.

"This is a very difficult situation. I certainly recognize how difficult this is for Mrs. Mayfield, her sons and all of the family. It is also delicate for our Ridgeland Police Department," he said. "However, when I met with Mrs. Mayfield, her family and her lawyer, her lawyer chose and insisted upon this particular statute rather than the traditional trespassing statute."

Robin Mayfield, the widow of attorney and tea party leader Mark Mayfield, said she called Ridgeland police through 911 after she found her husband lying dead in a garage storage room, and she didn't realize until family and friends told her later that Madison police were also there.

"(Madison police) began snooping around my garage looking for any morsel to take back with them to Madison to use in their politically motivated prosecution, while my husband lay dead and while I was standing in the rain in my driveway," Mayfield said in a written statement.

Robin Mayfield signed misdemeanor trespassing affidavits against investigators Chuck Harrison, Dean Scott and Vickie Currie. In August, Currie was reassigned from investigations to animal control. Police officials gave no explanation for the assignment.

Mark Mayfield had been arrested by Madison police on May 22, in a case that drew national attention in the bitter Mississippi GOP primary between incumbent Sen. Thad Cochran and tea party challenger Chris McDaniel. Mayfield and three other McDaniel supports were charged with felony conspiracy, accused of plotting to photograph Cochran's bedridden wife in her nursing home bed for use in a political hit piece video.

Mark Mayfield committed suicide in June.

To contact Kate Royals, call (601) 360-4619 or email kroyals@jackson.gannett.com. Follow @KRRoyals on Twitter.