Negligent homicide trial stalled as attorney pulls out

Published 11:45 am Friday, December 7, 2012

A trial set to begin Monday for a convicted felon accused of manslaughter in a 2011 crash that killed a mother of three has been delayed.

Circuit Judge Isadore Patrick this morning moved the trial for Albert Brisco Jr., 24, 900 Wabash Ave., to March after Brisco’s attorney, Bernard Jones, asked to be removed from the case.

Brisco faces charges of negligent homicide and possession of a firearm by a felon in the death on Feb. 20, 2011, of Latoshia Haggan, 31, 122 John Allen St. He was indicted and arraigned in May.

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Jones said Brisco’s family had failed to pay about $1,900 in legal bills and Brisco had written a letter to the Mississippi Bar Association complaining about his representation.

“At this point, I just don’t think I can do it,” Jones said.

Brisco testified that Jones had failed to communicate with him or share the evidence against him.

“I’ve been locked up a whole year and he’s come to see me one time for less than 10 minutes,” Brisco said.

Patrick gave Brisco’s family time to decide if they want to hire another attorney or have one appointed.

“I don’t want to try this case twice and I’m not going to put you or him into this situation,” Patrick told Brisco.

Delaying the trial could cause problems for the prosecution, District Attorney Ricky Smith said. At least 10 witnesses, including one from out of state and a pathologist who is in his 70s, had been issued subpoenas to appear Monday, Smith said.

“This case has gone on quite some time, and there is a family wanting justice for the death of their loved one,” Smith said.

Haggan, whose three children were at home with her mother, was a passenger in a Dodge Durango driven by Brisco when he sped through a roadblock set up by Warren County deputies near Indiana Avenue and Blossom Lane. Deputies chased the vehicle, but spotted it only once, as it topped a hill on North Frontage Road near a Chinese restaurant on the opposite side of the highway.

Brisco was traveling 76 mph when he failed to stop at a T-intersection at Old Highway 27 and the Dodge careened over a 75-foot hill before landing upside-down on a Kansas City Southern Railway track, according to court records. The speed limit on that section of North Frontage Road is 45 mph.

Haggan was pronounced dead shortly after the crash, and her autopsy lists her cause of death as a punctured lung and blunt impact injuries.

Brisco pleaded guilty in 2007 to burglary and received a suspended six-year sentence on the condition he complete the Drug Court program. The sentence was revoked and he went to prison in 2008. He was on probation at the time of the fatal crash, according to court records.

After his arrest, deputies found a .25-caliber Beretta pistol in his vehicle.

Brisco told deputies that he was evading arrest because he had been drinking at a club on Lee Road, records show. A blood sample taken from Brisco showed he had a blood alcohol level of .04 — half the legal limit — at the time of the crash, but he also had marijuana and Ecstacy in his system, according to a report from the state crime lab.