Karen Irby counsel files motion for re-sentencing - MSNewsNow.com - Jackson, MS

Karen Irby counsel files motion for re-sentencing

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By Marsha Thompson - bio | email

JACKSON, MS (WLBT) - Jackson socialite Karen Irby hopes to get her 18-year prison sentence  re-visited.  Irby and her new attorney William Bell have filed a motion Monday for recusal and re-sentencing based on a poem read in court by Hinds County Judge Tomie Green.

Irby was drinking and driving the night she crossed the line in a deadly car crash.  The poem or letter was read written by Judge Green May 11th, the day Karen Irby was sentenced. 

In the letter, the judge assumed the role of the two victims, Dr.'s Mark Pogue and Lisa Dedousis.  "We are both in the best shape we will ever be today," Judge Green said, reading her statement from the bench.

Irby's new motion claims the poem was in effect a victim's statement that the judge was prohibited from making by law and by the code of judicial conduct.  The request to have her sentence thrown out cites an example of Judge Green's words, "strangers pulling on our charred bones."  The Judge wrote, "We are in love and happy, can't wait to set up our home."

Irby's lawyer maintains the words are inflammatory, biased and prejudicial, claiming Judge Green was not impartial.

The motion says the Green's poem and its contents are grossly inconsistent with the wishes and recommendations of the deceased victims' representatives who made a statement that day.

Judge Green also had harsh words for Irby who had been drinking the night of the deadly collision, paraphrasing that Mississippi is a zero-tolerance state.  Irby's motion claims that statement is misrepresentative of state law.

Attorney William Bell said if the court determines his motions should not be considered because no objections were made, Irby will argue that her previous lawyers provided ineffective assistance.  

Bell had no comment when WLBT contacted him Monday.

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