CLEAT Attorney Miles McNeal on Anthony Jackson!!

On August 12, 2008, the District Attorney’s Office presented a case against Deputy Anthony Jackson. Holding true to the old District Attorney’s saying, “I could indict a ham sandwich.” The Grand Jury returned a True Bill against Mr. Jackson. The charge was Tampering with a Government Record, a 2nd Degree Felony (2-20 years). In a nut shell, the State said that Mr. Jackson swore he had served an individual, and that it was impossible that he served that person on that day.

My involvement in the case began in January of 2010. After reviewing the file it became VERY clear that the State could not prove the felony case against Mr. Jackson. So, I immediately set the case for trial on February 23, 2010. On the trial date the Prosecutor was forced to admit that they could not prove the felony. He then dismissed the case. But what does the DA’s office do next? They re-file it as a misdemeanor and issue another arrest warrant! I immediately set up a hearing with the Judge and the prosecutor, the Judge then recalled the warrant.

The earliest trial date available was September 13, 2010. On that day, with the help of my co-counsel Brock Benjamin, we began the trial. The State presented three witnesses against Mr. Jackson, upon cross-examination; no witness was able to say whether Mr. Jackson had done what the State had alleged. The State then rested. Mr. Jackson then took the stand and testified. He testified to what he remembered. It was also brought up that during his time at the Sheriff’s Department, he was commended for saving the life of a citizen, and he had one of the Patrol Division’s largest marijuana busts, and went above and beyond the call of duty when he provided assistance to the family of a murder victim.

The Jury quickly returned a verdict of Not Guilty. Mr. Jackson went back to thank the Jury for their service. The Jury would not accept Mr. Jackson’s thank you, they instead wanted to apologize on behalf of the State. They felt that it was a miscarriage of justice by even bringing this case and that it was a waste of valuable resources in a time of County deficit and told Mr. Jackson that they were thankful for his service to the People of El Paso County.