Karen Irby Petition

Karen Irby Case: The truth.It was a somber day in Judge Tomie Green's courtroom yesterday as Karen Irby pleaded guilty to two counts of Culpable Negligent Manslaughter in the deaths of Dr.'s Daniel Mark Pogue and Lisa Dedousis. Judge Green explained her plea to her and made sure she understood the choice she was making. She answered Judge Green in a cracking voice, obviously overwhelmed. She admitted to drinking "two glasses of wine" and driving too fast. Hinds County District Attorney Robert Smith told Judge Green he had no sentencing recommendation, thus leaving Karen Irby to the court's mercy. Mrs. Irby went through her hell alone as her husband, Stuart M. Irby, stayed away from the courtroom. While justice was served, there was no victory here, no reason to celebrate, just a numbing sense of tragedy about something that should never have happened. Two doctors who should be enjoying their marriage vows and helping others, a mother at home with two kids, a family legacy once well respected in Jackson, all destroyed. In the end, Judge Green accepted the plea and ordered her to appear on May 11, 2010 for sentencing. Judge Green allowed her to remain confined under house arrest. The law allows Judge Green to sentence Mrs. Irby up to twenty years per count in this case. Mr. Smith admitted afterwards the state's case changed when several facts were discovered, facts that formed the foundation of the prosecution's case. He stated Mrs. Irby's speed was 70 mph, not the 114 mph figure quoted earlier and claimed there were several errors in the investigation. The untold story of this case is how the prosecution saved a case set to blow up when it got to court. Sheriff Malcolm McMillin was Chief of JPD at the time of the accident. The Irby family was one of the Sheriff's largest campaign donors over the years. When the wreck took place, JPD did not start taking measurements for the reconstruction until five days later. The officer chosen for the task was Chris Barnhardt. There is little doubt Barnhardt was chosen for the task as he states in his report, "Jackson Police Communications contacted me at my residence, in reference to this collision, February 11, 2009, 2236 hours, at which time my assistance was requested in reconstructing the collision. I went to the scene and began my investigation." Sources have informed JJ this was Barnhardt's first accident reconstruction. This correspondent has also learned Barnhardt was not state certified for accident reconstruction, as he flunked part of the qualifying test, although he did possess another certification. (It is supposedly given in three parts. He did not pass one of them.) Barnhardt reported Mrs. Irby's speed at 114 mph. The speed was the basis for the Depraved Heart Murder indictment, as driving 114 mph in that area would probably meet the criteria for the charge. This is the same JPD officer who recently got in trouble for unprofessional behavior while on duty during the recent visit by Michelle Obama. (He was reassigned to the dog pound.) The D.A.'s office discovered the speed Barnhardt reported was wrong. It caught a break in that the officer who recorded the measurement data in Barnhardt's report was Michael Huff, an expert in accident reconstruction and Hinds County Deputy Sheriff. Mr. Huff calculated the speed to be 70 mph, 10 mph under what would be double the speed limit (40 mph) but a far cry from the previously reported speed of 114 mph. The reduction in speed caused the prosecution to reindict Mrs. Irby under the charge of Aggravated DUI as it didn't think a speed of 70 mph in a 40 mph zone would meet a prima facia case of Depraved Heart Murder. (This was the new indictment Judge Green referred to in the hearing.) Mr. Huff's work enabled the District Attorney to save his case, as there is no doubt Joe Holloman would have blown Barnhardt's report and much of the prosecution's case to bits. Mr. Holloman had subpoenaed the measurement data and stated he was obtaining the services of an accident reconstruction expert. Such an expert would have completely discredited the District Attorney's allegation that Mrs. Irby was driving 114 mph and gone a long way in earning an acquittal for the defense. Sources have also informed JJ that a tire showing "yaw" marks was at the scene but was not included in the evidence. However, the "errors" did not end with tires and accident 'rithmetic. The blood samples for Mrs. Irby were placed in vials with labels showing them to be expired. There is no doubt Holloman would have taken advantage of this and probably gotten the BAC results showing .09 thrown out by Judge Green as well. The prosecution discovered several weeks ago there was an earlier blood test taken at the hospital and subpoenaed the results. The earlier test showed a higher BAC. One can only wonder why the expired vials were used as they would have severely compromised the prosecution's case if used in court.

It is frankly hard to believe these "errors" were mistakes. McMillin's department used the least-qualified officer for accident reconstruction it could find, waited several days to conduct the accident reconstruction, used the wrong marks to calculate the speed of Mrs. Irby's car, placed the blood samples for the BAC test in vials with expired labels, and waited three hours to draw said samples for the test. If Mac was trying to throw the case for one of his best campaign donors and long-time friends, there are few other steps JPD could have taken in the investigation that would have betrayed the prosecution's case when it went to court. WLBT tried to reach McMillin yesterday for comment but was told he was out of town. In the end, however, it was Karen Irby who stood before a packed courtroom, Judge Green and God as she admitted to ending the two lives of two wondeful people while her husband and McMillin were nowhere to be found. While Mrs. Irby answered for her actions yesterday, one can only wonder if others will answer for their actions as well.

The Day of Sentencing May 11, 2010:Prosecutors say Jackson businessman Stuart M. Irby won%u2019t face charges despite calls for him to be indicted during his wife's sentencing on Tuesday. Karen Irby was sentenced to serve 18 years in prison for causing the 2009 fiery head-on crash in Jackson that killed two doctors. Prosecutors say Karen Irby was speeding and had alcohol in her system above the legal limit when the fiery Feb. 11, 2009, crash occurred, killing Dr. Mark Pogue and Dr. Lisa Dedousis, Pogue's fiancee. Dr. John Dedousis, Dr. Lisa Dedousis' brother, gave an emotional statement before the sentencing and asked the district attorney to bring criminal charges against Stuart Irby. Dedousis said Karen Irby told the victims%u2019 families in a meeting prior to her guilty plea in March that her husband and her had a physical altercation in the vehicle moments before the crash. She told them Stuart Irby struck her and was pulling her hair. Dr. John Dedousis and Paul Steven Pogue, brother of Dr. Mark Pogue, asked for charges against Stuart Irby based upon what they said Karen Irby told them. Paul Steven Pogue, brother of Dr. Mark Pogue, also asked for charges against Stuart Irby. But Assistant District Attorney Patrick Beasley, lead prosecutor on the case, said the district attorney%u2019s office doesn%u2019t give much credence to Karen Irby%u2019s reported statement placing blame on her husband.Beasley also called the 18- year sentence appropriate. But Joe Hollomon, Karen Irby%u2019s lead attorney, said the sentence was not what they had hoped. %u201COf course we had hoped for a more lenient sentence,%u201D Hollomon said Tuesday via telephone after the sentencing. %u201CWe were disappointed with the sentence, especially with the families of the victims asking for leniency.%u201D Green reduced the maximum 20-year sentence by two years because she %u201Cbelieved Stuart Irby had a hand in this.%u201DKaren Irby pleaded guilty to two counts of culpable negligence manslaughter.

Karen Irby sobbed as she apologized to the families of two young doctors killed in a fiery crash with the vehicle she drove after drinking and speeding down a Jackson city street. No one knew what to expect today in Judge Green's courtroom today as Karen Irby appeared for sentencing after she pled guilty to killing Lisa Dedousis and Daniel Mark Pogue on February 11, 2009. The courtroom was packed with family members and media while an overflow crowd waited outside the closed doors. A fragile Karen Irby clad in black sat in silence while Stuart Irby was conspicuously absent. Shades of Robbie Bell avoiding her son's sentencing came to my mind several times today. Judge Green stated she received over 100 letters (I later learned only two were negative.). Judge Green was professional, at times gracious, and spoke softly throughout the hearing. John Booth Farese, the attorney for the families of the deceased, said the families had statements to make to the court. Dr. John Dedousis, brother of Lisa, showed his true worth as a man as he stepped up to the podium and delivered a statement few will ever forget as it was damning towards Stuart Irby and JPD yet compassionate towards Karen. Dedousis first told the Court his parents were unable to attend because the ordeal had causes his father to have some recent heart problems. Lisa Dedousis "dedicated her life to serving others". He then recollected how Karen Irby met with the families the week before she pled guilty. She admitted her guilt to them, offered everything she had, and apologized for killing their loved ones. Gasps were heard as John Dedousis thundered forth with his next statement: "Stuart Irby is a violent person" and that "Karen Irby had been living in fear." He claimed Stuart and Karen had met with DHS that morning concerning possible child abuse committed against Karen's nine-year-old daughter by Stuart. JJ reported on this matter earlier this year and published police reports obtained through public records requests. DHS did meet with the Irbys on February 11. Sources have informed JJ Mr. Irby was very flippant to the interviewer and wasn't bothered at all by a child abuse investigation. Sources have also stated that the investigation did not progress any further. Dedousis continued with more statements: "the investigation was not thorough or complete", "a fight ensued and Stuart assaulted Karen, grabbed her hair", "Stuart had two glasses of whiskey, then three more double shots of whiskey and some wine." He thanked the people of Hinds County and asked the District Attorney to bring charges against Stuart Irby. Paul Steve Pogue, the brother of Daniel Mark, was more subdued and simply said "as a Christian family, we believe in forgiveness", "Karen was a victim of Stuart's continued abuse", and "asked for the minimum sentence." Farese then told Judge Green the families did indeed request she impose the minimum sentence. Karen Irby addressed Judge Green as she made a final plea for mercy. Somehow, someway, she was able to tell the Court through her tears and the terror that was evident in her voice she "prayed for mercy", "the grief was indescribable", and that she begged for her children. The courtroom was deathly silent for over a minute as crying was heard from several in attendance. As I wrote a few weeks ago "While justice was served, there was no victory here, no reason to celebrate, just a numbing sense of tragedy about something that should never have happened. Two doctors who should be enjoying their marriage vows and helping others, a mother at home with two kids, a family legacy once well respected in Jackson, all destroyed." Meanwhile, during the entire proceedings, Mac stood in the side door used by Judge Green with his arms folded with a stern face that at times glared. This was a Mac that didn't like to be questioned about anything regarding this case. A Mac that refused to go on camera today with WAPT and last month with WLBT about how the Irby case was handled and was rude to the reporters involved. A Mac that attacked this blogger in the Jackson Free Press for his coverage of the Irby case yet refused any questions from all media in town. A Mac that confronted the DA a few weeks ago over the Irby trial. A Mac so angry that day he screamed at the DA and threw books across the room as told by numerous sources who were present. Judge Green then addressed Mrs. Irby. Judge Green took her duties very seriously as she reminded Mrs. Irby that for all of the letters received on her behalf, there were two doctors who were not able to write letters. Judge Green read a letter she had composed on their behalf. A letter she wrote thirty minutes before the hearing today. Some thought such actions by the Judge were nonsense but what this correspondent saw was a judge having empathy for the victims and reminding everyone that for all of the talk about Stuart and Karen, the fact remained two doctors were dead thanks to the actions of both Irbys (Oh, how the end of the Great Gatsby came to mind. "That is how Tom and Daisy were..".). Judge Green said the allegations made by Dr. Dedousis against Stuart Irby were a "charge for another day for another judge". She told Karen "these themes are not new to me". Judge Green said "I've often had to sentence good people" and that "80% of the people she sentenced were parents". That last statement was the foreshadowing of what was to come as it was clear where Judge Green was going in her ruling. Everyone has seen the videos by now. They don't portray the shock in the courtroom as Judge Green announced the sentence: 20 years reduced to eighteen years for each count to be served concurrently. Tears flowed freely among Karen's friends and others as it sunk in how a door was shut on yet another life in this horrible tragedy. Shock was the order of the day as whereever I went in Jackson today, people expressed shock at the sentence. Karen was led away in handcuffs as Mac personally escorted her to her new life. It was quite simply stunning to realize Judge Green had completely ignored the families and imposed such a sentence on Karen Irby. While justice was served and Dr.'s Pogue and Dedousis were "honored" today, there were no winners.

May 12th, 2010 the aftermath:

It is a tragic case of young promising lives on the brink of professional and personal milestones lost to an act of careless disregard.Hinds County Circuit Judge Tomie Green then sentenced the 39-year-old wife of prominent Jackson businessman Stuart Irby to two terms of 20 years each, to run concurrently, for the deaths of Dr. Mark Pogue and Dr. Lisa Dedousis, his fiance. Because of questions that remain about what may have caused Irby to crash head on into the victims' vehicle, Green reduced the sentence by two years, leaving 18 years to serve. Karen and Stuart Irby crashed into the truck carrying Pogue and Dedousis on Feb. 11, 2009. while returning home from the Jackson Country Club after a night of drinking. Green, who had received letters of support on Irby's behalf seeking leniency, read a letter she had composed that the victims might have written. It was a grim warning about the tragic results of drinking and driving. But, also raised at the sentencing were statements by the victims' families calling for prosecution of Stuart Irby, who was not driving. Dr. John Dedousis, Dr. Lisa Dedousis' brother, said Karen Irby told the victims' families that her husband and her had a physical altercation in the vehicle moments before the crash. Green explained that under the charges brought and the plea deal worked out with prosecutors that the maximum sentence was 20 years each, which would have to run concurrently. Karen Irby had pleaded guilty to two counts of culpable negligence manslaughter. She originally was charged with two counts of depraved-heart murder and one count of aggravated assault. Green said she was reducing it by two years because she "believed Stuart Irby had a hand in this." Stuart Irby was not charged and, prosecutors say, will not be. Questions raised by the families' and about the accident investigation remain. Hinds County District Attorney Robert Shuler Smith had said he agreed to the plea deal partially because the accident investigation by Jackson Police was incomplete. There were inconsistent speed estimates and photos were not in the report. A $60 million civil lawsuit remains against Karen and Stuart Irby. Another lawsuit against Karen Irby and her insurance carrier appears to have been settled. The prominence of the Irby family has brought intense public interest to the case. But Karen Irby's wealth and prominence was not the issue, only that her negligence and poor judgment resulted in the deaths of two people. The 18-year sentence was appropriate; Judge Green followed the law and her good judgment. No sentence can bring them back, but Karen Irby will have 18 years in prison to consider the mistakes that sent her there.

About Stuart Irby: 

Well, well, well, it looks like since Stuart Irby doesn't have to worry about testifying in court, he has been a busy little bee. These pictures were taken November 21 at the airport as he flew out of Jackson to Dallas for the weekend. He arrived with his pilot, got his own luggage, took a stroll, then got on the plane and departed. Mr. Irby's rehab tour has taken place at several other sites in Jackson: The shindig at Hal and Mal's on Thanksgiving night where he was seen by more than a few people; the Friday night performance of Cat on a Hot Tin Roof at New Stage Theater where his buddy Mac performed; the book signing for Quinten Whitwell's If By Whiskey held at Lee Paris' home. Numerous sources who attended the signing reported to JJ Mr. Irby was among those in attendance at the literary event where the beautiful people of Jackson showed up to tell each other how wonderful they are.

Hmmm....Mr. Irby can't testify in his case, yet he can fly to Dallas to have some fun, go to bars, plays, and book signings yet according to his doctor and Judge Green:

"Stuart Irby's physicians are of the opinion that he lacks the ability to participate or even comprehend and provide reliable and valid answers to questions from the State and Defendant regarding the incident at issue in this case. Moreover these treating physicians advise the Court Mr. Irby's involuntary participation in even a simple interview at this time would likely "worsen" his condition, would setback his brain injury recovery, and "cause harm" to their patient."..."
Obviously these excursions are part of Mr. Irby's rehab and we all hope he is making a speedy recovery from the injuries he suffered in that horrible wreck nearly a year ago. If, however, he is merely avoiding testifying in his wife's case, I will offer some advice: Spend some money and lease a condo in New Orleans for six months. You want to have some fun and not worry about everyone in town seeing it, just hit the road on I-55 South for two and a half hours and get lost in the Crescent City. No one will know who you are down there. However, I think we can all assume these little excursions are approved by his doctors and lawyers as part of his convalescence and that it is obviously working for him. Here are some pictures of Stuart Irby!http://3.bp.blogspot.com/_on0zUeUt7q4/SxfYvHux6eI/AAAAAAAAB7k/usvlUYI-MLs/s1600-h/stuart2.jpghttp://3.bp.blogspot.com/_on0zUeUt7q4/SxfYu72OPjI/AAAAAAAAB7c/cJYYCVfsGaY/s1600-h/stuart.jpgStuart claimed he has amnesia hmm makes You wander!
I wrote this because Karen Irby got a bad wrap. We need supporters who will help Karen Irby get Out of Prison. I don't think she should spend the rest of her life in prison, and what about her Child!? I know from a liable resource that Stuart M. Irby had a bad temper and hit Karen Collins Irby and 4 times that the DHS was called out to there home on Stuart Place in the Eastbrooke area. Stuart Irby has been arrested for Domestic Violence/Simple Assault before. I and among Karen Irby's Friends  and the Doctors Families always said that Stuart Irby grabbed her while she was driving and that they were fighting. You be the Judge!