Pike County supervisors denied a request from public defenders Monday to pay an expert witness $5,000 for testifying in a recent criminal case.
The rejection came on the advice of board attorney Wayne Dowdy, who said he couldn’t find any legal authorization to make the payment that public defenders Nelson Estess and Paul Luckett had requested.
“You do not have the authority to pay the requested $5,000 for an expert witness that was hired to defend a defendant in circuit court regarding the contents of a computer,” Dowdy said without delving into the specifics of the case. “There is no authority I can find that asks you to pay $5,000 to a person who was an expert witness in a criminal trial.”
Luckett was taken aback when asked about te rejected payment on Tuesday, saying it’s the first time the county has not paid an expert witness.
“There is ample legal precedent” for the payment, he said. “They always pay for experts.”
Dowdy said he reached out to the State Auditor’s Office for clarification on the matter and they affirmed his assessment.
Supervisor Lee Fortenberry worried paying for this expert witness could set an unaffordable precedent for future payments.
“We would be opening up a floodgate, wouldn't we?” he said.
“It sure would,” Dowdy said.
He noted that the county has in the past paid for investigative expenses including cadaver dogs for a cold murder case, but “that was totally different” because that was supported by legal statute.
Dowdy said this is the first time in his many years as board attorney that the public defender’s office has asked supervisors to pay for an expert witness.
But Luckett said the public defender’s office uses expert witnesses as other attorneys do — about three so far this year — and submits the bill to the county, “and that’s the last I hear of it.”
“It’s real simple: We make the request, the judge grants it,” he said. “I’ve never had a problem with an expert not getting paid.”
In other business, the board:
• Learned that Craig Haskins has asked not to be reappointed to the McComb-Pike County Airport Board when his term concludes at the end of the year. “If anyone in Pike County is interested in serving on that board, please reach out to one of the supervisors and we'll take that under advisement,” board president Jake Gazzo said.
• Learned that Magnolia officials have advertised for bids to repair a closed bridge on McKay Road near the Metro-Pike Industrial Park.
• Accepted a $8,900 quote from Greenbriar Digging to install a pad for a transformer to electrify a sewer lift station at Gateway Industrial Park.
• Hired corrections officer Annternell Holmes and sheriff’s deputy Jeffrey Stamps.
• Approved a rental agreement with R.J. Young, who is leasing part of the cooperative extension office.
• Approved the purchase of a county flag featuring the state seal ringed with “Pike County Board of Supervisors” for the meeting room.
• Approved a request for cash for $4,000 to pay Advanced Environmental Consultants $4,000 as part of a home rehabilitation grant program.
• Accepted inmate housing invoices and meal logs from the sheriff’s department.
• At the recommendation of Tax Assessor Laurie Allen, approved a homestead exemption application correction for Jeffrey Lamar Gibson.
• Approved family medical leave for county road employee Thomas Cutrer through Jan. 16.
• Authorized the payment of state fees to county constables for their serving of court papers.
• Took no action after meeting in executive session to discuss an economic development prospect.
