Antwann Richardson is asking to be prosecuted separately from Jabari Edwards in the federal criminal case against him, claiming that Edwards’ defense is “antagonistic, inconsistent and irreconcilable” with his own.
He argues Edwards’ attempts to shift blame to Richardson make it impossible for Richardson to get a fair trial if they are tried alongside each other.
Both Edwards and Richardson were indicted in June 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 sold, and Edwards Enterprises, a company listing Edwards as its sole member. Edwards also owns J5 with Richardson serving as president.
Richardson is charged with 17 counts, including multiple charges of conspiracy to commit wire fraud, wire fraud and money laundering.
Prosecutors argue that Edwards and Richardson fraudulently received PPP and EIDL money that was then commingled with funds from Edwards’ other companies. The money was used to prop up those other businesses, pay their taxes and, in some cases, to buy real property, including Court Square Tower in downtown Columbus.
The two are now set to be tried together, but in a motion filed in the United States District Court for the Northern District of Mississippi by Tupelo-based defense attorney Victor Fleitas, Richardson argues that he should be prosecuted separately.
According to a memorandum filed with the court on Dec. 20, “after his arrest, (Edwards) apparently was provided Miranda warnings; waived his Miranda rights; and provided a statement to federal agents.”
The statement “mentions (Richardson’s) name twenty-eight times and simultaneously sought to deflect culpability away from (Edwards) while simultaneously incriminating (Edwards) and (Richardson),” Fleitas wrote.
Existing precedent states that “a non-testifying witness’ out-of-court statement, including a co-defendant’s confession that facially incriminates a defendant violates the defendant’s Sixth Amendment right to confrontation…,” Fleitas wrote.
Forcing Richardson to go to trial alongside Edwards would “seriously prejudice (Richarson’s) right to a fair trial and his defense on the merits,” Fleitas wrote.
Richardson’s defense and Edwards’ are “… antagonistic to the point of being irreconcilable and mutually exclusive,” Fleitas wrote.
Separating the trials avoids “the defendant fending off the prosecution and his co-defendant, and … the defendants becoming the prosecution’s best witnesses against each other.”
In a government response to Edwards’ and Richardson’s motion to dismiss the charges against them, prosecutors wrote, “… The government expects the evidence at trial to show Edwards initially had doubts about applying for the funds, though Richardson was in favor of applying.”
Fleitas singles out the recently added charges surrounding Edwards Enterprises as being especially problematic, arguing that Richardson had no way of knowing what was happening at that company.
“(Richardson) has produced to the prosecution … text messages which establish (Richardson) had to go to another employee to learn the balance for the Edwards Enterprises bank account,” Fleitas wrote. “All transfers into and out of the Edwards Enterprises account were authorized by the co-defendant and executed by another employee.”
Edwards and Richardson were indicted in June after the Federal Bureau of Investigation, along with other law enforcement agencies, raided J5’s Columbus headquarters. Earlier this month prosecutors filed additional charges against both men.
The two have a motion to dismiss charges against them pending before the court, and have tried unsuccessfully to get freezes on business and property assets lifted.
Brian Jones is the local government reporter for Columbus and Lowndes County.
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