Former interim Hinds County sheriff Marshand Crisler is appealing bribery and ammunition charges stemming from his 2021 campaign, arguing that the federal government played on his relationship with a former supporter to entrap him.
Crisler had asked Tonarri Moore, who donated to past campaigns, for a financial contribution for the sheriff’s race. Moore said he would donate if Crisler helped with several requests. Without the previous relationship, Crisler would not have acted, his attorney argues, and Crisler had no reason to believe he was being bribed.
“The government, having concocted a bribery scheme to entrap Crisler, then had to contrive a corresponding quid pro quo to support the scenario with which to entrap him,” attorney John Holliman wrote in a Saturday appellant brief.
Crisler is asking the U.S. 5th Circuit Court of Appeals to reverse his conviction and render its own rulings on both counts.
He was convicted in federal court in November after a three-day trial and sentenced earlier this year to 2 ½ years in prison. Crisler is serving time in FCI Beckley in West Virginia.
The day before Crisler reached out to Moore to ask for support for his campaign for sheriff, Drug and Enforcement Administration agents raided Moore’s home and found guns and drugs. An FBI agent called to the scene looked through Moore’s phone and saw Crisler had called.
According to the appellant brief, the agent asked Moore what Crisler would do if offered money, and if Moore was bribing him. Moore said he wasn’t bribing Crisler, and the agent asked if Moore would do it.
At that time, there weren’t reasonable grounds to start a bribery investigation into Crisler, his attorney argues, nor was there reason to believe he was seeking a bribe.
Moore agreed to become an informant for the FBI, in exchange for the government not prosecuting him for the guns and drugs.
The FBI fitted him with a wire to record Crisler during meetings, which began that day. The meetings included one inside Moore’s night club and a cigarette lounge in Jackson. Agents provided Moore with the $9,500 he gave to Crisler between September and November 2021.
Crisler’s 2023 indictment came as he campaigned again for sheriff and months before the primary election. He remained in the race and lost to the incumbent who he faced in 2021.
At trial, the government argued the exchange of money were attempts to bribe because Moore made several requests of Crisler: to move his cousin to a different part of the Hinds County Detention Center, to get him a job in the sheriff’s office and for Crisler to let Moore know if law enforcement was looking into his activities.
In closing arguments, Assistant U.S. Attorney Charles Kirkham pointed to examples of quid pro quo in recordings, including one where Moore said to Crisler, “You scratch my back, I scratch yours” and Crisler replied “Hello!” in a tone that the government saw as agreement.
The appellant’s brief argues that without Moore’s requests, the government lacked a way to show quid pro quo, a requirement of bribery charge: that Crisler committed or agreed to commit an official act in exchange for funds.
Moore also asked Crisler to give him bullets despite being a convicted felon, which is prohibited under federal law. The brief notes how the government directed Moore to come up with a story for needing the bullets and to ask Crisler to give them to him.
In response, Crisler told Moore he could buy bullets at several sporting goods stores. Moore said they ran out, and eventually Crisler gave him bullets.
Crisler also argues that the government prosecuted routine political behavior. Specifically, accepting campaign donations is not illegal, and can not constitute bribery unless there is an explicit promise to perform or not perform an official act in exchange for money.
“Our political system relies on interactions between citizens and politicians with requests being made for this or that which is within the power of the elected official to do,” the brief states. “This does not constitute a bribery scheme. It is the normal working of our political system.”
