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Mississippi Today

News outlets take court action opposing former governor's effort to shield records

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News outlets take court action opposing former governor's effort to shield records

Mississippi Today and two other outlets have allied to oppose former Gov. Phil Bryant's effort to block the public from viewing emails and text messages that could shed new light on an ongoing investigation involving the misuse of federal welfare dollars.

In a Thursday filing in Hinds County Circuit Court, Mississippi Today, the Journal, and the Mississippi Press have moved to protect the public's right to access records.

The news organizations, which are represented by the Mississippi Center for Justice and the Center for Constitutional Rights, want to argue before a court that documents relating to communications from Bryant's time as governor should not be kept secret if they surface in the course of civil lawsuits that are ongoing over the welfare scandal.

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“Although these records relate to one of the largest governmental abuses in this 's recent memory, Bryant seeks to keep them hidden from the public,” argued the news organizations in Friday's court filing.“The public in Mississippi has an interest in these records and what they could disclose about the scandal.”

In a joint statement, the editors of the news organizations said that the press has an obligation to fight on behalf of the public's right to access government records and the correspondence of public .

“One of the basic duties of a free press is to hold public officialsaccountable and ensure that the government remains as open and transparent to the people it serves as possible. We are taking action in court as part of our ongoing efforts to get at the truth of one of the largest public scandals in our state's history,” said Adam Ganucheau of Mississippi Today, Sam R. Hall of the Daily Journal and Donna Ladd of the Mississippi Free Press.

The state of Mississippi has sued numerous individuals and organizations in an effort to recover welfare funds that were allegedly misspent. Some of the targets of these civil lawsuits have also pleaded guilty in state and federal court to crimes linked to their use of public welfare dollars. None has served time to date.

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Bryant has neither been charged criminally nor sued. Still, several defendants in lawsuits have asked him to turn over emails and text messages as part of an effort by those defendants to claim the former governor allegedly directed them to perform unlawful acts.

Bryant has denied these allegations and asked a judge to find that he doesn't have to provide copies of text messages, emails, and other responsive records. Bryant has selectively released some of his own text messages in a court filing, but does not want to release more, as a pending subpoena could require him to do.

If Judge E. Faye Peterson does force the former governor to turn over more of his communications to the court, he has asked the judge to place them under a protective order that would block the public from examining the documents.

In Thursday's motion, the three news organizations asked Peterson to allow them to present arguments in opposition to Bryant's request for a protective order.

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“Transparency is the path to meaningful accountability in a functioning democracy, and are owed both,” said Vangela M. Wade, president and of the Mississippi Center for Justice. “Our press should not be hampered by unnecessarily sealed records when on this important case.”

Decades of state court cases have upheld the right of the press to step into ongoing litigation where matters of public access are in question, even when a news organization is not a party to that litigation.

Editor's note: Vangela M. Wade, president and CEO of the Mississippi Center for Justice, is a member of Mississippi Today's board of directors.

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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Mississippi Today

Lawmakers may have to return to Capitol May 14 to override Gov. Tate Reeves’ potential vetoes

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mississippitoday.org – Bobby Harrison – 2024-05-10 12:50:25

Legislators might not have much notice on whether they will be called back to the Mississippi Capitol for one final day of the 2024 .

Speaker Jason White, who presides over the House, and Lt. Gov. Delbert Hosemann, who presides over the Senate, must decide in the coming days whether to reconvene the for one final day in the 2024 session on Tuesday at 1 p.m.

Lawmakers left on May 4. But under the joint resolution passed during the final days of the session, legislators gave themselves the option to return on May 14 unless Hosemann and White “jointly determine that it is not necessary to reconvene.”

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The reason for the possible return on Tuesday presumably is to give the Legislature the to take up and try to override any veto by Gov. Tate Reeves. The only problem is the final bills passed by the Legislature — more than 30 — are not due action by Reeves until Monday, May 13. And technically the governor has until midnight Monday to veto or sign the bills into or allow them to become law without his signature.

Spokespeople for both Hosemann and White say the governor has committed to taking action on that final batch of bills by Monday at 5 p.m.

“The governor's office has assured us that we will final word on all bills by Monday at 5 p.m.,” a spokesperson for Hosemann said. “In the meantime, we are reminding senators of the possibility of return on Tuesday.”

A spokesperson for White said, “Both the House and Senate expect to have all bills returned from the governor before 5 p.m. on Monday. The lieutenant governor and speaker will then decide if there is a reason to come back on May 14.”

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The governor has five days to act on bills after he receives them while legislators are in session, which technically they still are. The final batch of bills were ready for the governor's office one day before they were picked up by Reeves staff. If they had been picked up that day earlier, Reeves would have had to act on them by Saturday.

At times, the governor has avoided picking up the bills. For instance, reporters witnessed the legislative staff attempt to deliver a batch of bills to the governor's Capitol office one day last , but Reeves' staff refused to accept the bills. They were picked up one day later by the governor's staff, though.

Among the bills due Monday is the massive bill that funds various projects throughout the , such as tourism projects and projects. In total, there are more than 325 such projects totaling more than $225 million in the bill.

In the past, the governor has vetoed some of those projects.

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The governor already has taken action of multiple bills passed during the final days of the session.

He allowed a bill to strip some of the power of the Public Employees Retirement System Board to become law without his signature. The bill also committed to providing a 2-and-one-half percent increase in the amount governmental entities contribute to the public employee pension plan over a five year period.

A bill expanding the area within the Capitol Complex Improvement District, located in the city of Jackson, also became law without his signature. The CCID receives additional from the state for infrastructure projects. A state Capitol Police Force has primary law enforcement jurisdiction in the area.

The governor signed into law earlier this week legislation replacing the long-standing Mississippi Adequate Education Program, which has been the mechanism to send state funds to local schools for their basis operation.

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This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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Mississippi Today

On this day in 2007

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MAY 10, 2007

Left to right, John Lewis, Ralph Abernathy, Martin Luther King Jr. and Andrew Young attended the 1965 funeral of Jimmie Lee , whose inspired the Selma march to Montgomery. Credit: AP

An Alabama grand jury indicted former trooper James Bonard Fowler for the Feb. 18, 1965, killing of Jimmie Lee Jackson, who was to protect his mother from being beaten at Mack's Café.

At Jackson's funeral, Martin Luther King Jr. called him “a martyred of a holy crusade for and human dignity.” As a society, he said, “we must be concerned not merely about who murdered him, but about the system, the way of , the philosophy which produced the murderer.”

Authorities reopened the case after journalist John Fleming of the Anniston Star published an interview with Fowler in which he admitted, despite his claim of self-defense, that he had shot Jackson multiple times. And Fleming uncovered Fowler's killing of another Black man, Nathan Johnson. In 2010, Fowler pleaded guilty to second-degree manslaughter and was to six months behind bars.

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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Mississippi Today

‘This doesn’t need to be a slap on the wrist,’ DA says of Noxubee County case

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mississippitoday.org – Jerry Mitchell and Ilyssa Daly – 2024-05-09 13:45:26

A capital murder investigation helped lead to unrelated federal charges against former Noxubee County Sheriff Terry Grassaree and his deputy that involved the sexual abuse of a jailed woman.

On Tuesday, Grassaree pleaded guilty to lying to the FBI when he denied receiving nude photos and from a woman locked in his jail. He faces up to five years in federal prison when he is sentenced Aug. 7.

Ex-Noxubee County Sheriff Terry Grassaree heads into federal court where he will plead guilty, Tuesday, May 7, 2024 in .

His former deputy, Vance Phillips, pleaded guilty last year to bribery, which experts say could have been the perks the woman received, including a contraband cellphone. No date has been set for his sentencing.

District Attorney Scott Colom said Thursday he would like to see serious punishment for Grassaree for such abuse. “This doesn't need to be a slap on the wrist,” he said.

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He said the discovery of this abuse began with a capital murder case. In 2015, Kristopher Haywood died in a convenience store attack in Macon when someone blasted the 28-year-old twice in the head with a shotgun.

A Noxubee County grand jury indicted Jonathan Shumaker, his girlfriend, Elizabeth Layne Reed, and Justin Williams and his brother, Joshua, on capital murder charges. Shumaker was also found in possession of a shotgun and charged with possession of a firearm by a felon. (These charges were dropped last year after an audio recording surfaced that exonerated them.)

But when Colom inherited the case as the new district attorney in 2016, he said he discovered the evidence and some of the witnesses contradicted the description of what happened.

Three years later, as he prepared for trial, he said his office interviewed Reed, who shared that deputies had been sex with her inside the jail, “but you're not going to do anything about it.”

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Colom promised that he would.

He said he reached out to federal authorities in 2019 for assistance out of concern that it might be difficult to investigate law enforcement in such a small county. 

He said his office took the lead. One of his workers messaged Deputy Phillips from Reed's Facebook page a photograph of a positive test for pregnancy.

“That's how we got Vance to corroborate that Reed was telling the truth about the unlawful sex,” Colom said. “We knew we had a serious problem then.”

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Any sex that an officer has with someone behind bars is a felony under Mississippi law and carries up to five years in prison. The maximum penalty under federal law is also five years.

There is no way for those behind bars to give consent, Colom said. “They're in a vulnerable situation. Their liberty and can be used against them.”

Reed told Colom's office that the sex began with Phillips after he began transporting her to doctors' visits. He first took her to his trailer to have sex and then had sex with her while the female correctional were at lunch, Colom said.

The encounters also took place in deputies' offices, the interrogation room and even the evidence shed, he said.

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The deputy continued to demand sex with her on an almost weekly basis between May 2017 and October 2019, according to a lawsuit she filed against Noxubee County and the sheriff's office. “Reed, under the coercion of Phillips' authority and her incarceration, acquiesced in Phillips' demands.”

Another deputy, Damon Clark, who gave her cigarettes and a touchscreen cell phone, took her up front to a shower, where “he laid me on the floor [and] got on top of me,” she told authorities.

Clark has never been charged. “I never coerced Reed into sex,” he wrote in his response to the lawsuit, but he never answered whether he had sex with her.

Reed told authorities that one other deputy digitally penetrated her and another groped her and “sexted” her.

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Colom said their investigation into sexual abuse corroborated much of what Reed alleged. It was then, he said, “we realized we had a serious problem with the Noxubee County Sheriff's Office under the regime of former Sheriff Terry Grassaree.”

Their investigation showed Grassaree knew about his deputies' activities, but rather than referring the matter to authorities, he sought to “get in on the action himself,” Colom said.

Reed's lawsuit said Grassaree demanded “a continuous stream of explicit videos, photographs and texts” from her in jail. She also alleged in the lawsuit that Grassaree touched her in a “sexual manner.”

The county settled the lawsuit for an undisclosed amount.

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Colom said he decided to turn over his investigation to federal authorities with the agreement they would prosecute since they could pull far more potential jurors. Getting enough people to serve as jurors has long been a problem in Noxubee County, which has a population of less than 10,000, much less finding impartial jurors, he said.

On July 13, 2020, an FBI agent interviewed Grassaree, who denied that he received nude photos and videos from Reed in jail.

Two years later, reporters from the Mississippi Center for Investigative at Mississippi and The New York Times began asking Colom about the case. Colom responded that he was waiting for federal authorities to prosecute as they agreed. Afterward, he contacted federal authorities again and told them reporters had reached out to him, asking questions.

In October 2022, a federal grand jury finally indicted Grassaree and Phillips.

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Colom said federal authorities “never gave me a good reason for why they took so long.”

He said even more troubling in his investigation was the discovery of “illegal activities” by the sheriff's office “that were unrelated to sex.” There have been no indictments in that case.

Noxubee County residents already have a lot of skepticism toward law enforcement, he said, “so when you actually do have corruption, it has to be aggressively handled. We can't have forces where the people we are trusting to protect and serve are only concerned about themselves and their own illegal agendas.”

He still hopes federal authorities will prosecute, he said. “It would send a strong message to the citizens in Noxubee County that you care about them.”

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Asked if his office could bring charges now, he said that was impossible because “the statute of limitations has .”

Federal authorities have a five-year statute of limitations, but the statute of limitations in Mississippi is only two years.

Colom said he didn't move sooner because federal officials “had agreed to prosecute the charges and kept telling me they were going to do something.”

A spokesperson for the U.S. Attorney's office in Jackson responded Thursday, “The Department of Justice follows the facts, law, and principles of federal prosecution when determining how to proceed in an investigation and what charges, if any, can be filed. Federal agents and prosecutors will continue working hard every day to hold public officials in Mississippi, like Sheriff Grassaree, accountable for corrupt use of their office and efforts to mislead investigators.”

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Mike Hurst, U.S. attorney for the Southern District of Mississippi

Former U.S. Attorney Michael Hurst, who served from 2017 to 2021, said prosecuting public corruption was one of his top priorities, especially when it involved law enforcement who “violated their oath and victimized our citizens.”

He said if the U.S. attorney's office had sufficient evidence beyond a reasonable doubt to prosecute, “we prosecuted them, no matter who they were, period. In many instances, federal prosecutors are the last line of defense in our society of ensuring that our citizens are protected, their rights are upheld, and that criminals — especially corrupt public officials — are held accountable.”

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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