A little home cookin’ – FBI Agent on trial in (where else but) north Mississippi!

Although I’ve faithfully followed the NEMS360.com coverage from the indictment of retired FBI Agent Hal Neilson through what is now the sixth day of his trial, you wouldn’t know it by reading SLABBED – not for lack of intent but lack of time.

Neilson first caught my eye in the Kings of Torts.  Patsy Brumfield’s story for NEMS360,  Indicted agent’s history shows feud with U.S. Attorney’s office, makes reference to the mention:

Neilson also reportedly raised ethics questions about former assistant U.S. Attorney Thomas Dawson’s participation in a book about the office’s investigation and prosecution of then-Oxford attorney Richard “Dickie” Scruggs, who was sentenced to prison on two guilty pleas related to judicial bribery indictments.

Before the book was released several weeks ago, a DOJ spokesman said Dawson had retired before he worked on it. Tension between Neilson and the U.S. Attorney’s Office first became public when it was mentioned in the book, although reasons for the problems were not given.

Neilson is also mentioned in Curtis Wilkie’s Fall of the House of Zeus

A serious schism had developed between the U. S. Attorney’s Office and the local FBI that threatened their ability to work together…In a confidential report drafted in September 2004 by Hal Neilson, the supervisory resident agent of the Oxford office, and endorsed by four of his agents, the U.S. Attorney’s Office in Oxford was accused of deceit and excessive zeal…In the meantime, the U.S. Attorney’s Office opened its own investigation of Neilson…Determined to keep the Oxford FBI in the dark in the Scruggs case, Greenlee, Hailman and Dawson drove to Jackson to meet secretly with the state supervisor of the FBI.  The Jackson FBI detailed Bill Delaney and agent who had already been working on a criminal case in North Mississippi…so it was thought no one would suspect a thing. (pages 154-155) 

These facts, in familiar legal lingo, are uncontested – and the names are familiar, too:  Greenlee, the U.S. attorney who authorized the indictment of Dick Scruggs; John Hailman, the AUSA who Judge Lackey went to with his concerns about Balducci’s offer of a future association with his firm;  Bill Delaney, the agent who intercepted Balducci as he started his trip home following his delivery of the second $20,000 payment to Judge Lackey; and Tom Dawson, the lead prosecutor in the Scruggs case after Hailman’s retirement – and, the co-author of the Kings of Torts.

Not so familiar, however, is the important role FBI reports played in Scruggs I and Scruggs II and appear to be playing in the Neilson case.  As we continue with NEMS360 reports on the indictment and trial of Hal Neilson, keep in mind that an FBI report, unlike an FBI transcript, has no backup recording as documentation. 

FBI Agent Hal Neilson of Oxford, whose indictment became public Thursday, asked the Department of Justice for whistleblower protection a couple of years ago after accusing the U.S. Attorney’s Office in Oxford of wrongdoing.

The 49-year-old career agent, who is one year shy of retirement, faces five federal counts that he failed to disclose a financial interest in Oxford’s FBI Building since 2004 and filed false statements to a federal agency and agent.

While the indictment was filed in the Northern District of Mississippi, its U.S. Attorney’s Office gave no reason Thursday for why it apparently has withdrawn or “recused itself” from handling the case.

Middle Louisiana U.S. Attorney David R. Dugas announced the charges and assigned assistants Rene Salomon and Rich Bourgeois to prosecute the case.

NEMS360 has gavel-to-gavel coverage of the trial and Patsy Brumfield taking notes in the courtroom, typically filing a story mid-day and after the Court recesses for the day.  If you type Hal Neilson in the search box, as I did, you’ll find a four-page listing of stories on the case, including today’s – Defense goes after Greenlee, after government rests:

Prosecutors continue to present their case against Oxford FBI agent Hal Neilson, charged with lying about his financial interests in the Oxford FBI’s new quarters.

U.S. District Judge Sharion Aycock is pushing to get this trial completed by Friday, so she’s set the start of court at 8:30 a.m., with expectations to work until 6 p.m…

So far, it’s been a stream of witnesses, who identified numerous documents and Neilson’s signatures related to the 2001 search for a new FBI office in Oxford. Witnesses also have said that Neilson did not have permission to hold a one-third interest in C&G Properties LLC, with Dino Grisanti and John Covington. Neilson contends he got verbal permission from his then-FBI chief counsel in Jackson, Mike Turner…

[Neilson’s attorney says]…MS law says can have a verbal agreement, unless there is a written agreement. And that’s what we have – a C&G partnership agreement. Getting $50K from ACM doesn’t make for a financial interest.

Intent is not my issue, that’s the law, your honor. Intent must be shown or a verdict of acquittal…

Court denies judgment of acquittal on those 5 counts.

We have the right that he was retaliated against by Mr. Greenlee. Order to deny he was a victim of selective prosecution. However, I will say, that if we had been afforded access to documents that we have now, part of investigation of this case we would have filed selective prosecution.

More than two years ago … I was personally informed that Greenlee had two people in his office who were literally looking for evidence against Hal Neilson. Had been checking records at Lee Chancery Clerk’s Office. We did not have confirmation of that until this week. Think it should have been provided that information sooner.

What document shows is not so much selective prosecution but retaliation. Mr. Neilson talked to his superiors about a Northern MS investigation of people of Middle Eastern descent. Information brought to him by members of his squad. Appropriate to notify the Department of Justice. DOJ came down, found no violation by Greenlee and his office.

Soon thereafter, Mr. Greenlee took a number of steps as US Atty – one is what I had been informed of. Someone on his behalf searched land records of Mr. Neilson. He also wrote a letter to the FBI Director Mueller, asking that Neilson be removed of his duties because he found him to be ineffective. DOJ came down, found nothing but praises to sing for Mr. Neilson. Only problems were with the senior management of US Atty’s Office. At same time, Greenlee was going about looking for deeds, etc.

During Greenlee’s term, we found evidence of at least half a dozen federal employees who committed criminal acts during their employment – allowed to take retirement and walk away. Violations of the same section Mr. Neilson is charged with. (She cited these examples.) In any event, if allowed to present, we would show the jury that numerous people who have committed far greater acts, were not prosecuted.

Also, that these sorts of actions, when occur within FBI and other federal agencies, are handled administratively, not criminally. Realize there has been a recusal in Northern Miss., still the District of Northern Miss is still working on this case and offering information.

Ask again that your honor let us use this information.

Considering the “we take care of our own” just-us justice of north Mississippi, Neilson is fortunate to have a jury trial.  Thus far, however, Federal District Judge Sharion Aycock has been at times impressive:

My review of case law, a defense of retaliatory action is essentially the same as selective prosecution. Not to say it could have been raised by motion prior to commencement of this case within the appropriate time line within a motion to quash the indictment. Well, what I’m hearing now, Ms. McCoy said we could not have filed that motion or it would have been futile because only now, with copies of these documents, now we confirmed out belief of retaliation.

I want to be very careful with this – that the jury should not hear about this at all. But that we don’t gloss over this at all – we are here to seek justice. What do we really know about what got us to this place. Well, I don’t know the truth. My point, it’s easy Ms McCoy to say that you have personal knowledge of six or more persons that could have been, or should have been, prosecuted for criminal acts. But Neilson was, but this was retaliatory. those are just rumors. We would have to have a trial on each one of those persons. I’m so cautious that we don’t leave this courtroom believing that these people should have been prosecuted.

But that concerns me that you make those statements.

Now, we have a document of the type that should have been produced in discovery to the defendant. I advised attorneys of Mr. Neilson, that I was going to allow them to review these documents. I understand Ms. McCoy that you believe and state – in good faith – had you known this, you might have taken another course. But it is this court’s belief that these documents just bear out that Mr. Neilson took certain action in 2006 in filing a complaint of Mr. Greenlee. No violations found. Then, there was an investigation of Mr. Neilson, Greenlee was contacted. But I just don’t find from these documents, the type of retaliatory actions that would cause me to deem that this case should not go forward.

Why anyone writes fiction is beyond me when there are stories like this around.  Neilson’s lead attorney, Christi McCoy,  has a the reputation one would expect of someone who was the leading candidate to replace Greenlee for months – some say until Greenlee used his influence and talk of her appointment went south.  Clearly, north Mississippi missed the opportunity to replace it’s just-us system of justice with the real thing.

Hal Neilson’s trial is expected to end Friday. Tomorrow the Defense continues to present Neilson’s case.

11 thoughts on “A little home cookin’ – FBI Agent on trial in (where else but) north Mississippi!”

  1. Here’s the link to Patsy’s morning story summarizing status of the trail at the end of yesterday’s session. The comments are telling, Sop. One focuses on the waste of money when a reprimand would have been more appropriate and the other noted it sounded more like a “pre sentencing hearing” than a trial. “Eating their own young” indeed!

    “Neilson trial: It’s the defense’s turn to try to score”

    http://nems360.com/bookmark/10343360

  2. This is an extremely interesting Post, for a number of reasons. The issue which piques my curiosity is “retaliation” by the FUCKING FEDERAL GOVERNMENT, a subject on which I am an expert, although I have been denied the right to cross-examine Federally-employed CRIMINALS within the U.D. Department of “Injustice”, and to discover their records, including computer records (hard drives, blackberries, etc.) and telephone records. But I know CRIMINAL CONDUCT when I see it, and I have personally felt it in my own “retaliatory persecution” case, which allegedly involved a “threat” against unnamed and unidentifiable individuals, none of whom have ever come forward to claim that they even knew of the “threat” or much less felt “threatened” by it. So let’s talk: (1) David Dugas, former U.S Attorney (SPIT!) for the Middle District. This cocksucker had people at Camp Amtrak on September 20, 2005, when I was brutalized, tortured and falsely imprisoned there. He just MAY have been there himself; I just don’t know. But after I was pepper-sprayed 30 to 40 times, shot 12 times with a 12-gauge shotgun loaded with bean bag rounds, and treated for an infection of one wound for 8 days, I tried to contact U.S. Attorney David Dugas (SPIT!) to report CRIMES which had been committed withing his jurisdiction in Baton Rouge involving violation of my civil rights. So how many calls? Five, ten or more? Speaking with his Secretary or his Assistant, and explaining in exquisite detail the reason for my call(s), and voice-mail messages on his direct-dial line. Not one telephone call returned. No effort made to contact me in any way whatsoever. So hey, Dugas: You are a cocksucking motherfucker, and a fucking CRIMINAL to boot, guilty of obstruction of justice. (2) Also at Camp Amtrak (a/k/a “The Federal Law Enforcement Coordination Center”, although for me it was a “torture chamber”) were the Department of Homeland Security, FEMA, the FBI, The Eastern District U.S. Attorney’s Office, unidentified individuals from “U.S. Department of Justice”, probably Washington D.C., ATF, Customs and Immigration and the U.S. Marshall’s Service, among others. These cocksucking motherfuckers would have had to be deaf, dumb and blind not to hear a 12-gauge shotgun fired at me 10 times indoors and twice outdoors between 0030 and 0100 hours on September 20, 2005. Their refusal to investigate the crimes which were committed against me, much less to prosecute them, is criminal malfeasance, obstruction of justice, and criminal conspiracy, in addition to “accessories-after-the-fact” and misprison of multiple felonies. (3) I may already have informed the Readers of SLABBED that Assistant U.S. Attorney Michael Magner (SPIT!), who is prosecuting the NOPD Officers in the Henry Glover case, was (a) complicit in my abduction, brutalization, torture and false imprisonment on September 20, 2005, and is (b) the “Supervisor” of the degenerate maggot who is currently prosecuting me for allegedly making a “threat”. What more would “fair-minded” people need to know in order to conclude that “the degenerate cockroach” Magner and the FUCKING FEDERAL GOVERNMENT are retaliating against Ashton O’Dwyer in order to protect Magner and the other Federally-employed RATS who were at Camp Amtrak on September 20, 2005, when O’Dwyer was tortured there. (4) If the foregoing isn’t “proof beyond a reasonable doubt” of retaliation by the FUCKING FEDERAL GOVERNMENT against Ashton O’Dwyer, let me share some information only learned during the past few days and weeks. The “goons” who were sent to my house to execute the criminal gangland-style “hit” on me at 5 minutes pase midnight on September 20, 2005, were State Police “goons”, namely members of a 40-man State Police Tactical Squad who were stationed at Camp Amtrak at that time. Parenthetically, the “goons” who lured me out of my house at 2145 hours on January 29, 2010, with the promise to “take you to Walgreen’s, so you can get your medicine”, were employees of the U.S. Marshall’s Service. Instead of being taken to Walgreen’s, 8 FBI agents (more than were dispatched to apprehend John Dillinger) pointed guns at me and took me into custody. Thereafter, I was in solitary confinement for 34 days. Well, I have recently learned that the Superintendent of the Louisiana State Police on September 20, 2005, namely “Colonel Henry Whitehorn”, is NOW THE U.S. MARSHALL FOR THE WESTERN DISTRICT. And I also have recently learned that the Assistant Superintendent of the Louisiana state Police on September 20, 2005, namely “Major Genevieve “Genny” May”, is NOW THE U.S. MARSHALL FOR THE EASTERN DISTRICT. Just what kind of fucking CRIMINAL CESSPOOLS is the FUCKING FEDERAL GOVERNMENT running in this State? I’m so mad I could SPIT! Ashton O’Dwyer.

    1. Hello,
      I would like to speak with you. I think we can help one another.
      Please email me at Kevinc[email protected]

      I am a victim of Christi R. McCoy. Bar complaints have been filed. She destroys lives and is unlawful, unethical and threatening. She slanders clients and their family and friends on social media. Let’s talk.

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