Nancy Swan’s proposed testimony about the character and legal and ethical misconduct of Paul Minor and John Whitfield who are scheduled to be re-sentenced by Judge Henry Wingate at the Eastland Federal Courthouse in Jackson, Mississippi on March 21, 2011.
My proposed testimony is as relevant as any allowed into record and should have been allowed into record at the March 11 re-sentencing hearing. My testimony is evidenced by my extensive legal experience with both men, knowledge of their character, conduct and relationship, facts of the bribery case, and transcripts of audio-taped recordings made by me and relevant complaints made to the Mississippi Bar and the Mississippi Commission on Judicial Conduct, the Mississippi Attorney General, and the Department of Justice from 2000 to present.
I’ve known Paul Minor, the prisoner in the bright orange jumpsuit, for a long time for almost three decades and former Judge Whitfield for 13 years. In 1985, I retained Mr. Minor's law firm in 1985 to represent me, shortly after I had been seriously injured while teaching at the Middle School in Long Beach Municipal School District, in Long Beach, Mississippi.
Although Minor's name appears on the original contract agreement, Minor's associate, Judy Guice took over the duties of handling my case while Minor pursued other clients and insigation of class action lawsuits. After my case was remanded and placed in Judge Whitfield's court Paul Minor, or rather, his secretaries, took over handling my case and conducting hearings from 1997 to 2000, overlapping the dates involved in Minor and former judge Whitfield's convictions on bribery, fraud, and racketeering.
In 2007, Paul Minor and former judge John Whitfield were found guilty of bribery, racketeering, and fraud involving $150,000 in cash and through third party transactions given by Minor to Whitfield in exchange for favorable judicial decisions. The amount paid in bribes and offered payoffs to third parties, matches my missing settlement funds unaccounted for by Minor. The dates of Minor's bribes to Whitfield, occurred shortly after I asked Whitfield to order Minor to account for the missing funds.
Early in my case, Paul Minor and Judy Guice, repeatedly complained that defendants and defendants attorneys in my case had"the judge," Judge Jerry O. Terry, "in their pockets." Paul Minor claimed that defense attorney Harry Allen had "bribed," Judge Terry. Judy Guice had called one afternoon and read a segment to me, an article in the Sun Herald evidencing the amounts that defendant Jim English, his family members, and his attorney had contributed to "to Terry's campaign." "A nice gratuity for dismissing your case," Guice had said. sere using campaign contributions as gratuities for favorable decisions, citing publication of contributors names in recent newspaper article. After I had retained his lawfirm he told me and my husband about the collaboration of trial attorneys and politicians proposing to use asbestos lawsuit profits to "buy" Mississippi judges and Supreme Court justices favorable to plaintiffs with asbestos lawsuit profits.
In 1996 the Mississippi Supreme Court remanded my case to a jury trial for the second time and removed my second judge for delaying my case for nine years and for exhibiting bias against me. When Judge Whitfield was assigned to my case, Mr. Minor claimed that he would be favorable to my case.
Throughout 1998 and 1999, that Paul Minor and his associate, Judy Guice, met in secret with Judge Whitfield and arranged a number of deals in my case, without my knowledge and consent. Minor and his associate began boasting that they could “get” Judge Whitfield to rule in their favor. I protested the secret meetings with the judge and that the deals were not in my best interest and would hurt my case. I researched and discovered that secret (ex-parte) meetings with a judge were prohibited and felt they had prejudiced the judge against me.
My trial was scheduled for Fall 1999. I knew something was wrong when Paul Minor refused to return my phone calls for nine months. Out of desperation I wrote Judge John Whitfield in November, appealing for help and information about my trial date. In December I discovered that two months earlier Minor had secret discussions with Judge Whitfield to postpone my trial for the third time.
Both Minor and Judge Whitfield began threatening me to prevent me from reporting their secret meetings and discussions. Minor threatened that he would withdraw from my case if I ever complained about his behavior, warning that I would never find another attorney to take it. Judge Whitfield threatened that he would dismiss my case if I complained or disagreed with Mr. Minor’s advice.
On February 2, 2000, at a pretrial conference in Judge Whitfield's courtroom, I became terrified when I realized that Paul Minor was controlling Judge Whitfield. (to be continued)