IN THE COURT OF APPEALS OF THE STATE OF MISSISSIPPI
NO. 2006-KA-01383-COA
ALBERT J. KEA
APPELLANT
v.
STATE OF MISSISSIPPI
APPELLEE
DATE OF JUDGMENT:
7/17/2006
TRIAL JUDGE:
HON. MARCUS GORDON
COURT FROM WHICH APPEALED:
SIMPSON COUNTY CIRCUIT COURT
ATTORNEYS FOR APPELLANT:
JULIE ANN EPPS
E. MICHAEL MARKS
WLM ANDY SUMRALL
ATTORNEY FOR APPELLEE:
OFFICE OF THE ATTORNEY GENERAL
BY: JOHN R. HENRY
DISTRICT ATTORNEY:
EDDIE H. BOWEN
NATURE OF THE CASE:
CRIMINAL - FELONY
TRIAL COURT DISPOSITION:
CONVICTED OF PERJURY AND SENTENCED
TO EIGHT YEARS IN THE CUSTODY OF THE
MISSISSIPPI DEPARTMENT OF
CORRECTIONS
DISPOSITION:
REVERSED AND REMANDED - 07/01/2008
MOTION FOR REHEARING FILED:
MANDATE ISSUED:
BEFORE KING, C.J., IRVING, CHANDLER AND CARLTON, JJ.
CARLTON, J., FOR THE COURT:
¶1.
Albert J. Kea was indicted for perjury by a Simpson County grand jury in October 2005 for
statements made during a civil suit he filed against Entergy Corporation after his house burned in
1998. Kea was convicted of perjury in 2006 and sentenced to serve eight years in the custody of the
Mississippi Department of Corrections. He now appeals his conviction and sentence.
FACTS
¶2.
In May 1998, Kea was involved in a car accident that left him hospitalized for approximately
Bob Key admitted that he had several aliases. His passport, which was admitted into
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evidence, was issued to Robert Keys. Bob also testified that his name was Robert John Kea.
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ten days. He was released from the hospital on May 22, and his home in Magee, Mississippi burned
down the next day. Kea settled with his insurance company. He later filed suit against Entergy,
claiming that its faulty transformer was the cause of the house fire. Kea sought to recover damages
for the loss of various collectibles and antiques, and he provided a list of the items to Entergy in
discovery.
¶3.
Before the trial against Entergy, Kea’s son, Bob Key, contacted Entergy and told them that
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the items that Kea claimed were lost in the fire were actually at Bob’s home in Colorado. Enterg