MICHAEL D. JACKSON A/K/A MICHAEL JACKSON APPELLANT
STATE OF MISSISSIPPI APPELLEE
OF JUDGMENT: 05/25/2018
LOWNDES COUNTY CIRCUIT COURT HON. LEE SORRELS COLEMAN TRIAL
ATTORNEY FOR APPELLANT: CHRISTOPHER E. KITCHENS
ATTORNEY FOR APPELLEE: OFFICE OF THE ATTORNEY GENERAL BY:
ALICIA MARIE AINSWORTH
DISTRICT ATTORNEY: SCOTT WINSTON COLOM
Following a jury trial, Michael Jackson was found guilty of
exploitation of a minor. The circuit court sentenced Jackson
to a term of twelve years in the custody of the Mississippi
Department of Corrections, with five years suspended and
seven years to serve. Jackson appealed, arguing the circuit
court erred in (1) failing to provide him a probable cause
hearing under Mississippi Code Annotated section
99-3-28(1)(a) (Rev. 2007); (2) failing to suppress his
confession; (3) failing to suppress evidence obtained from
his home; (4) limiting his theory of defense; (5) refusing
his proposed jury instructions; (6) allowing witness
testimony that violated the rules of discovery; and (7)
refusing to grant his motion for a new trial. Finding no
error, we affirm the circuit court's judgment.
In 2013, Jackson was a music teacher and choir director at
Columbus High School in Columbus, Mississippi.
attended Columbus High School but was not one of
Jackson's students. On November 22, 2013, Jackson
messaged K.B. on "Kik," an instant messaging
application ("app") for mobile devices. When K.B.
asked, "who might this be," Jackson responded,
"an admirer . . . I'm afraid to say [because]
I'm older than [you and] I work at CHS . . . ." K.B.
tried guessing, and Jackson messaged, "Before I proceed
I have to tell [you] I'm a guy [and] I don't know if
you would [be] cool with that." K.B. replied, "as
long as you don't try or harass me we cool."
A few days later, Jackson asked K.B. for his cell phone
number, and they began text messaging. Jackson asked K.B.
detailed questions about his sex life and the size of his
penis. Jackson asked K.B. how "big" he was and
suggested K.B. should get paid to receive oral sex. Jackson
then messaged, "[T]hat could be very lucrative for [you]
. . . [why] not get paid to get what [you] already getting .
. . ." K.B. responded, "[I don't know] money
Jackson offered K.B. $50 to give K.B. oral sex. K.B. said
that was too cheap. Jackson then offered $100, and K.B.
replied, "I [was] looking forward to a Salvatore
Ferragamo belt." Jackson then offered $275. K.B. agreed.
They went back and forth on meeting times. On December 7,
2013, they attempted to meet in a gas station bathroom, but
Jackson backed out upon arrival, claiming there was too much
activity at the gas station. He was also worried about the
cameras on the outside of the gas station. Jackson asked K.B.
to follow him to his house, but K.B. said he could not
because his mother called and needed a ride.
K.B.'s last message to Jackson was on December 16, 2013.
He said the hall "was talking," implying that other
students knew about what was going on between them. At the
end of January, K.B. told his mother about the messages. On
January 31, 2014, they went to the police station and met
with Investigator Tabertha Hardin. K.B. told Investigator
Hardin about the messages between himself and Jackson and
showed her the messages on his phone. Jackson was arrested
two days later. Investigator Hardin prepared a search warrant
for Jackson's home and cell phone, which the police
seized the following day. The police also seized two
computers, four phones, two tablets, three hard drives, and
three jump drives. A forensic analysis of Jackson's phone
showed the text messages between Jackson and K.B., including
some deleted messages.
On February 3, 2014, around 12 p.m., Investigator Timothy
Jenkins met with Jackson. Jackson immediately requested a
lawyer. Investigator Jenkins read Jackson his
Mirandarights, and Jackson signed a waiver. At
that point, the interrogation ceased, and Investigator
A few hours later, it is undisputed that Jackson requested to
speak again with Investigator Jenkins. The following exchange
Inv. Jenkins: You requested to speak to me, is that right?
Jackson: Uh huh.
Inv. Jenkins: Again, I'm Investigator Jenkins, that's
Investigator McCrary. Before we get started talking, earlier
today when we started the interview, I read your rights to
Jackson: Uh huh.
Inv. Jenkins: I need a yes or no . . .
Inv. Jenkins: And at that time, you requested to speak with a
lawyer, is that correct?
Inv. Jenkins: Now, you are willing to waive that right and
speak to me again?
Jackson: I want to tell you about the situation.
Inv. Jenkins: Look, before that, I can't listen to
anything like that, you see what I'm saying, to cover
Inv. Jenkins: I need to read you your [rights] again and if
you want to talk to me after that, we can do that okay[?]
Jackson: Okay. I would just rather wait until I
consult with a lawyer.
Inv. Jenkins: Okay, that's fine. Um since we are in here,
I do have to read your rights again, and then we will go
through the whole you want to speak to a lawyer, okay?
Inv. Jenkins: I understand what you want to talk to me about
but like I said to cover me, cover the department and the
city, I have to go through the steps; do you know what I
Jackson: Yes sir.
. . . .
Inv. Jenkins: Like I said, we can talk about what you want to
talk about, that's fine, but I have to go through all
. . . .
Inv. Jenkins: Okay. We are at the Columbus Police Department.
Today's date is Monday, February 3rd. The time now is
3:23 p.m. Alright, just like before . . . (Read rights) Do
you understand these rights?
Inv. Jenkins: (Read waiver of rights) Now, do you want to
talk to me about what you requested to talk to me about?
Inv. Jenkins: If you would, sign right there. Officer McCrary
is going to step out so you and I can talk okay?
Inv. Jenkins: You understand what you have been charged with,
Jackson: Yes sir.
Inv. Jenkins: You requested to speak with me, is that right?
Jackson: Yes sir.
Inv. Jenkins: Okay, what would you like to talk to me about?
(Emphasis added). Jackson signed a second Miranda
waiver and confessed to offering K.B. $275 to receive oral
sex from him.
Jackson was indicted pursuant to Mississippi Code Annotated
section 97-5-33(6) (Supp. 2013). On April 29, 2015, Jackson
filed a motion to suppress, claiming that he was denied a
probable cause hearing under Mississippi Code Annotated
section 99-3-28(1)(a). As a result, he requested that any
statements given to the Columbus Police Department and any
evidence seized in connection with those statements be
The circuit court subsequently held a hearing on the motion
to suppress and heard testimony from Jackson and
Investigators Hardin and Jenkins. Jackson testified that he
asked to speak with Investigator Jenkins a second time
because he "just really wanted to find out what was
going on." At the close of the hearing, the circuit
court continued the hearing and requested that the parties
provide briefing on the motion to suppress-specifically,
whether or not the probable cause hearing of section
99-3-28(1)(a) was applicable. Both parties complied and
presented their arguments at the second hearing. The circuit
court ultimately held that the mere fact that the student
knew Jackson and that Jackson was a teacher at his school did
not invoke the use of section 99-3-28(1)(a). At no point in
the motion to suppress or during the hearing did
Jackson's attorney allege the statement should be
suppressed due to a violation of his invocation to an
attorney. Jackson's argument stemmed solely from the
alleged statutorily-required probable cause hearing.
The case was tried on May 21 through May 25, 2018. At trial,
the jury heard testimony from K.B. He testified that he first
met Jackson leaving school early one day. K.B. stated that
Jackson asked him his name and age. The two later crossed
paths again when K.B. was in the school play. K.B. was
waiting for his ride after rehearsal, and Jackson asked him
about his behavior at school and what kind of student he was.
Their next interaction was through the "Kik" app on
November 22, 2013. K.B. testified in detail to the instant
messages and text messages between himself and Jackson,
stating that Jackson offered him up to $275 to receive oral
Investigator Jenkins testified that he initially read Jackson
his Miranda rights and handed him a waiver form. He
also testified that he goes through the waiver form with
every detainee even if he or she has requested a lawyer.
After Jackson invoked his right to an attorney, Investigator
Jenkins wrote "requested lawyer" at the bottom of
the form, had Jackson sign it, and left. He stated that
Jackson asked to speak to him three and a half hours later,
so he went back into the room where Jackson was being held.
He testified that he provided Jackson with a second waiver
form. The video of the second interview between Investigator
Jenkins and Jackson was played for the jury. The defense did
not object when the video was offered into evidence or when
the video was played for the jury. The defense only objected
after the jury watched the entire video.
Sedrick Fenster also testified for the State. Fenster, a bail
bondsmen, testified he had been friends with Jackson since
the early 2000s. Over the years, Fenster was the sound
technician for Jackson's school concerts and plays. He
stated that in February 2014 he had been trying to call
Jackson because he knew Jackson had an event happening soon.
When Jackson finally called him back, he asked Fenster if he
knew he had been arrested. Fenster said, "[N]o,"
and Jackson asked him to come over to his house. Fenster
testified that, after he arrived at Jackson's home,
Jackson admitted he had offered money to a student to receive
The defense called Investigator Hardin as its only witness.
She testified that K.B. and his mother came to the police
department to report an incident where K.B. was getting
messages from a teacher at Columbus High School. Investigator
Hardin then testified that she took screen shots of