Hood, the top state law officer, asked for a judge’s consent to drop the misdemeanor cases against Smith in Hinds County Court. Agents from the Attorney General’s Office arrested Smith June 22 on six misdemeanor charges that he illegally assisted criminal suspects. Smith denied the allegations. Smith denied the charges. Judge James Bell was specially appointed to supervise the case. He agreed with Smith’s claim Hood had failed to present evidence before a grand jury. In a one-page letter he signed, Bell stated that the defendant had raised legal questions and was able to answer for the charges against him by way of presentation or indictment by grand jury. “The circumstances in this case, which involves criminal conduct against a district lawyer in the exercise his duties as district attorneys, are unique. “If the defendant proves correct, then the state cannot proceed with these charges without… an indictment.” Hood’s motion for dismissal – legally called “nolle proqui” or “nolle prosequi – states that Hood “seeks” to “proceed with this matter… in a way that only the circuit court, and not the county court, could hear and decide.” He also points out that the court that is proceeding on the misdemeanors would not have the penalty under the criminal statutes. This penalty includes a fine, expulsion from office and prohibition from holding any other public office. Hood stated that “Thus, for an additional reason,” Hood said, “the state moves to enter an Order of Nolle Prosequi” in this case. Neither Hood, District attorney Smith, nor Jim Waide of Tupelo were immediately available for comment. To support this work, you can make a regular donation to the Spring Member Drive today. This will allow us to continue important work such as this one.