Federal prosecutors have filed a motion opposing Jabari Edwards’ attempt to throw out incriminating statements that he made in the hours after his arrest.
They argue Edwards knew exactly what he was doing and knowingly waived his right to have an attorney present.
The motion was filed March 2 in the U.S. District Court for the Northern District of Mississippi in response to a claim filed in February by defense attorney L.N. Chandler Rogers alleging that agents from the Federal Bureau of Investigation ignored Edwards’ multiple requests to speak to an attorney.
Edwards, along with J5 President Antwann Richardson, was indicted in June 2022 for allegedly misusing more than $2 million in Paycheck Protection Plan and Economic Injury Disaster Loan Program funding.
They allegedly fraudulently applied for coronavirus relief funds through North Atlantic Security, which Edwards owned at the time but later sold; and Edwards Enterprises, a company listing Edwards as its sole member.
Prosecutors argue the pandemic relief funds were then commingled with money from Edwards’ other companies and used to prop them up, pay their taxes, make payments to friends and family and, in some cases, to buy real property, including Court Square Tower in downtown Columbus.
The specific “incriminating statements” in question are not yet part of the public court file. The motion asks they only be made available “under seal” to the judge for the purposes of ruling on the motion.
Edwards and Richardson are jointly charged with 17 criminal counts, including multiple charges of conspiracy to commit wire fraud, wire fraud and money laundering.
Edwards was indicted June 15 and arrested at his home in Columbus the next day by three federal agents and two local law enforcement officers. He claimed he asked to speak to his attorney, Wil Colom, immediately and while standing in his yard. He also argued his neighbors heard him, and he asked one of them to call Colom for him.
This is not true, prosecutors wrote in their response, and Edwards only asked to speak to an attorney after he had given the interview in question.
“In fact, Edwards knowingly and voluntarily waived his Miranda rights,” prosecutors wrote. “Edwards signed a form stating he knew he had a right to remain silent and a right to an attorney but voluntarily chose to discuss the charges with federal agents for approximately one hour and a half.”
Miranda warnings inform a person in custody that they have the right to remain silent and to have an attorney present during questioning.
By law a person in custody must be informed of their Miranda rights before they can be interrogated, and, if they ask for an attorney, they may not be questioned without one.
Edwards claimed in his filing that he asked for Colom again during the ride to the Columbus FBI office, but the government disputes this.
“During the transport, Edwards did not ask for an attorney or mention Colom,” prosecutors write.
Agents made sure that Edwards knowingly waived his right to an attorney, the government argues.
According to the government, the agents gave Edwards a written Miranda warning form, “… and asked Edwards to read the Miranda warnings out loud so the agents could confirm Edwards understood the warnings. Edwards then initialed the key provisions … including that he had the right to remain silent and refuse to answer questions and he had the right to an attorney.”
Edwards also signed under a paragraph stating that he understood his rights and was willing to make a statement and answer questions, prosecutors argue.
“During the interview, Edwards was eager to answer questions and willingly discussed his involvement in the charges,” prosecutors wrote.
“Edwards admitted … that he knew he should not have received the CARES Act loans listed in the indictment and admitted to misusing the funds. Edwards also blamed his co-defendant, Antwann Richardson, for the conduct.”
Those statements led Richardson to ask for a separate trial, arguing Edwards was “deflecting culpability” onto him. That motion was denied.
Edwards only asked for Colom after making these statements, prosecutors argue, and an agent then contacted Colom.
“The federal agents did not ask Edwards any additional questions after speaking with Colom,” prosecutors wrote. “The agents also allowed Edwards to call his wife and allowed his family members to meet him at the office and collect his personal effects before being transported to the U.S. Marshals Service in Oxford.”
March 7 filing
In a second filing on March 7, the government wrote that Edwards’ request to speak to an attorney while standing in his yard may have been made to a local law enforcement officer who was present, not to one of the federal agents.
“At the time the government made this representation, the government had made contact with four out of the five federal agents or local officers who took part in the arrest,” prosecutors wrote. “(Prosecutors) spoke with the last local law enforcement officer (on March 7), who represented he believed he heard Edwards ask someone nearby (not a law enforcement officer) to call Colom.”
The local law enforcement officer did not know whether anyone else heard Edwards make the request, the government writes.
Brian Jones is the local government reporter for Columbus and Lowndes County.
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