Mississippi News
Auditor, DHS head object to gag order in welfare theft case
Auditor, DHS head object to broad gag order in welfare theft case
Judge-ordered gags in the ongoing welfare embezzlement cases have prevented defendants, attorneys and prosecutors from speaking to the media about the criminal charges for the last year or so.
But attorneys for one defendant, former Mississippi Department of Human Services Director John Davis, want officials to stop talking publicly about the embattled bureaucrat altogether.
And State Auditor Shad White and the current welfare agency director Bob Anderson aren't having it.
”Such an order would amount to an unconstitutional prior restraint, be overly broad, and would severely interfere with Auditor White's, Executive Director Anderson's, and agency employees' responsibilities as public officials,” an assistant attorney general wrote on behalf of White and Anderson Tuesday.
White and Anderson were responding to a motion filed by Davis' attorney Chuck Mullins of Jackson law firm Coxwell & Associates last Monday.
“Both Mr. Anderson and Mr. White have repeatedly made comments about Mr. Davis, inferring matters about his guilt, but failing to report instances when the actions taken by Mr. Davis were approved by MDHS policies,” reads Mullins' motion filed Dec. 13. “In some instances, Mr. White and Mr. Davis have made comments about Mr. Davis's actions when those actions were approved by other people at MDHS.”
Officials have accused Davis of conspiring with nonprofit founder Nancy New to steal over $4 million in federal welfare dollars. However, the charges in his indictment are more narrowly focused on how his agency paid Brett DiBiase, an ex-wrestler who has battled drug addiction, $48,000 under a contract for opioid addiction education he did not fulfill. The indictment also alleges Davis conspired with New to use taxpayer dollars to pay for DiBiase's four-month long stay in a luxury Malibu rehab facility. DiBiase pleaded guilty in December of 2020 and has agreed to be a state's witness.
But the criminal indictments encompass just a sliver of an overall scheme to spend welfare money on ”increasingly absurd expenditures,” according to White, with improper payments totaling around $70 million, according to independent auditors.
Much of this misspending, and the agency procedures that led to it, have not resulted in criminal charges. Though some of the alleged purchases outlined by auditors may violate federal rules, they may not constitute a crime. White and Anderson argued Tuesday it is their duty to remain transparent about what transpired under the leadership of Davis, who was appointed by former Gov. Phil Bryant.
”Auditor White continues to receive information to date and has ongoing investigations into various allegations of additional wrongdoing at DHS during the tenure of the Defendant. There is a very real possibility that additional findings may be made by the Auditor's office and that information may be required by law to be made public,” the motion reads. “Likewise, MDHS and its head, Executive Director Anderson, are dealing with significant fall-out because of the practices of the Defendant while he ran MDHS from 2016 through 2019. It may become necessary for Auditor White, Executive Director Anderson, or their employees to make public comments about these issues.”
The department also plans to file civil litigation in an attempt to recoup some of the misspent funds, which will be a public proceeding.
The latest motion asks the court to deny Davis' motion to extend the gag order to apply broadly to White and Anderson discussing Davis' actions.
White and Anderson argue that comments about how Davis ran the welfare agency “have nothing to do with the Defendant's culpability” and would not influence the potential jury pool or threaten his right to a fair trial. Instead, White and Anderson say they agree to a limited gag order under which they will refrain from commenting on the criminal charges or Davis' alleged crimes.
A hearing on Davis' motion is currently set for Dec. 28.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi News
Monroe County leaders take to streets for good cause
SUMMARY: Members of Monroe County's law enforcement and Aberdeen city leaders participated in the Special Olympics Mississippi Torch Run, a fundraiser for the Special Olympics. Officers from the Aberdeen Police Department and Monroe County Sheriff's Office, along with the new Mayor of Aberdeen and Police Chief, escorted the torch through town. The torch will be escorted by law enforcement agencies across the state until it reaches Biloxi for the Special Olympics Summer Games. This event is a grassroots effort to support the Special Olympics and promote awareness for the cause. Follow for more updates on Facebook.
The post Monroe County leaders take to streets for good cause appeared first on www.wcbi.com
Mississippi News
Jackson couple claims they’ve been harassed by motorcycle group
SUMMARY: A Jackson couple has been enduring harassment and noise from a motorcycle club for the past year, with the club's loud activities causing distress for the couple. The club, Outcast Motorcycle Club, has defended their actions, stating that they can't help the noise from their motorcycles. The couple, particularly concerned about the health of the wife, has contacted the police multiple times for assistance. Jackson Police Chief Joseph Wade has stated that if the club is found to be a nuisance, they may take action to shut it down. The club, with a permit to operate at the location, may have to consider relocating if the situation worsens.
The post Jackson couple claims they've been harassed by motorcycle group appeared first on www.wjtv.com
Mississippi News
PERS bill awaits Mississippi governor’s signature
SUMMARY: Mississippi towns and cities are relieved after lawmakers reached a deal in the final days of the Legislative Session to address the Public Employees' Retirement System (PERS). The bill, awaiting Governor Tate Reeves' signature, removes power from the PERS Board and requires any employer contribution increase to be recommended to the Legislature. The bill also stops an immediate 5% employer contribution increase, instead implementing a gradual half a percentage point increase over five years. Hattiesburg Mayor Toby Barker, president of the Mississippi Municipal League, sees this as the first step in an ongoing issue, with $110 million allocated to PERS by the Legislature.
The post PERS bill awaits Mississippi governor's signature appeared first on www.wjtv.com
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