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Behind First Lady Reeves’ "Fred the Turtle" is a little-known religious welfare initiative slowly receiving state funding

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Behind First Lady Reeves' “Fred the Turtle” is a little-known religious welfare initiative slowly receiving state funding

Last year, Mississippi First Lady Elee Reeves announced the launch of her new initiative aimed at improving child development – an issue leaders have increasingly recognized as a critical economic driver in the most impoverished state in the nation.

Joined by the press in the Governor's Mansion, Reeves revealed her new strategy: She wrote a children's activity book about a turtle named Fred.

Throughout February and into March, about nine months before her husband's reelection bid, Reeves began traveling the state, garnering media attention as she passed out copies of the book.

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Reeves hopes that Fred, named after her childhood imaginary friend, and the story of his journey through Mississippi “will help our children to develop the lifelong skills that they need to become successful adults,” she told TV reporters at the March 2022 press conference.

Reeves' book — 20 pages of stapled white cardstock featuring comic sans font and a green cartoon turtle on the cover — may have taken center stage at last year's event, but side remarks signal something far more consequential is brewing.

At the announcement, Reeves was flanked by individuals representing Casey Programs, a national foster care foundation credited with production of the book, and The Hope Science Institute of Mississippi, a little-known nonprofit that quietly evolved from a child welfare initiative called Family First.

The new nonprofit oversees an initiative called Programs of Hope, which consists of an advisory council chaired by Reeves and Mississippi Supreme Court Justice Dawn Beam.

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Financial documentation is not yet available for 2022, so it's difficult to see where The Hope Science Institute, also known as Hope Rising Mississippi, is receiving its funding, how much it's receiving, or where it's going. Officials said a grant from Casey paid to print the initial copies of Reeves' book, called Fred the Turtle. While the two organizations would not disclose the size of the grant, the governor's office told Mississippi Today that Casey Family Programs awarded Hope Rising $28,500 to print 33,000 books.

But Mississippi Today also uncovered that Hope Rising quietly paid to print thousands of additional copies of Fred the Turtle with $10,000 in federal Head Start funds appropriated to it by the governor's office.

A spokesperson in the governor's office justified the expense by describing the coloring books as “materials to promote better linkages between Head Start Agencies.” This goal is not advertised in PR and news alerts about the book. Pressed further, the spokesperson clarified the books Hope Rising paid to print last year will be distributed to Head Start classrooms starting this May.

“Almost since the beginning of our governor's administration, we were looking for ways to build hope, and the First Lady and Justice Beam have been working together on Mississippi Programs of Hope in the effort to bring together government, the private sector and nonprofits to work together,” Cindy Cheeks, director of program operations for The Hope Science Institute, said at the 2022 book announcement.

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The concept bears striking resemblance to the Family First Initiative, for which Cheeks formerly served as a strategic initiatives coordinator. But onlookers wouldn't know from press releases or promotional materials how one initiative grew from another.

Family First was a short-lived judicial initiative launched by Beam and former Mississippi First Lady Deborah Bryant in 2018. Former Gov. Phil Bryant and others advertised Family First as the catalyst for a significant overhaul of Mississippi's child welfare system.

The idea was to prevent child neglect by connecting needy families to resources in their community — food, clothing, beds, money for rent or power bills, transportation, job training, etc. — so that the state didn't have to remove children from their homes.

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Instead, the state sold empty promises through the initiative, Mississippi Today found in its 2022 investigation, and while the members say some meaningful work did occur on the local level, the project's demise was one of many casualties felt by a larger welfare scandal that broke in 2020.

“They were lying,” Beam recently told Mississippi Today, referring to the Bryant administration's promise to create a database that could connect families to resources and track needs and outcomes.

While two separate and distinct entities, there was a close association between the Family First Initiative and Families First for Mississippi, the now defunct welfare program run in part Nancy New, who pleaded guilty to fraud and bribery.

The New nonprofit program, also promoted by former Gov. Bryant, served as a vehicle for officials, including former welfare director John Davis, to misspend tens of millions of federal grant funds from the Mississippi Department of Human Services. Beyond sharing a similar name and goal, Family First and Families First were entangled with many of the same characters. They even had the same logo, the result of a bungled branding campaign carried out a PR firm called Cirlot Agency.

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After agents from the auditor's office arrested New and Davis in 2020, Families First for Mississippi immediately shuttered and the court-affiliated Family First Initiative vanished.

“I can tell you that at some point, I was bluer than blue about all this. It broke my heart,” Beam told Mississippi Today in 2022, referring to the welfare scandal.

Beam — daughter of former Mississippi Baptist Convention president and preacher Gene Henderson and sister to Pinelake Baptist Church pastor Chip Henderson — then quoted a Bible verse: “Don't grow weary in doing good.”

“We can't quit trying to find resources to help our kids. If anything, we have to fight all the harder,” she said. (Beam spoke to Mississippi Today in an individual capacity, not as a representative of the court.)

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Since then, architects of the judicial initiative have tried to rebrand and distance their mission from the corrupt welfare delivery system and its leaders. The new initiative no longer proclaims goals as lofty as reducing the foster care population; it's more focused on “sharing the power of Hope.”

And while Elee Reeves promotes building resilience in children, her husband squeezes the state of the resources it could use to stabilize households and satisfy that goal.

Gov. Tate Reeves has left millions of federal welfare funds unspent. He sent $130 million in rental assistance back to the federal government. And he continues to adamantly reject billions in Medicaid funds that could provide health insurance to poor parents.

Shortly after arrests in the sprawling welfare scandal, Beam began a new court effort similar to Family First called “Programs of HOPE” under the Mississippi Supreme Court's Commission on Children's Justice. HOPE stands for housing and transportation; opportunities for treatment; parent and family support; and economic opportunities — though the program does not itself provide or fund these services.

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Former Mississippi Supreme Court Justice Jess Dickinson — who headed the state agency that oversees foster care during the Family First era and previously had to recuse himself as the judge in Davis' criminal case — assisted with HOPE's creation, narrating and uploading an informational video about the program.

Beam was inspired by the book “Hope Rising” by Casey Gwinn, an attorney and founder of a violence prevention organization, and Chan Hellman, a social work professor at the University of Oklahoma.

The book provides an alternative perspective to the heavily-cited, widely-accepted Adverse Childhood Events or ACE score.

The ACE score is a framework developed by the U.S. Centers for Disease Control for understanding the correlation between childhood stressors and adult health outcomes — and the corresponding resiliency test, which measures the exception to the rule. In other words, the more traumatic childhood events a person experiences, the higher risk they are for chronic health problems and other challenges in adulthood, unless they have high resiliency.

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This goes hand-in-hand with the idea of “trauma-informed care,” which promotes a holistic approach to addressing challenges, recognizing the role that trauma plays in a person's life.

“Hope science” presents the theory that a person's level of hope – “the belief that your future can be brighter and better than your past and that you actually have a role to play in making it better,” according to the book – is the greatest indicator of future success.

Beam was struck by the concept.

“Many of us (judges) have been doing this for years. We just didn't have what to call it,” Beam told Mississippi Today in 2022. “Talking to people in such a way instead of screaming and yelling at them about getting off your butt and finding a house and a job so you can get your kids back, and rather saying, ‘How can I help you? We want your children to be with you because we know that's going to be the best thing,'” Beam said.

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Beam then helped set up a private nonprofit called The Hope Science Institute of Mississippi, and moved the public court function of “Programs of Hope” under the private organization in 2021. The organization changed its operating name to Hope Rising Mississippi in 2022.

“Programs of Hope simply helps them (state and community leaders) to connect and facilitate the exchange of ideas,” Beam recently told Mississippi Today. “It's exciting to see how light bulbs start going off, where agencies thought, ‘We could never get this done.' And then all of a sudden, vouchers are there, or transportation is there, those types of things. Parenting – we've never had any standard for parenting classes and now that's coming about. It's just that opportunity to bring people together.”

The program has received virtually no media attention, save for a feature in Mississippi Christian Living magazine. The article described Hope Rising as a “new nonprofit that aims to create lasting, systemic change in Mississippi through the science of hope (which, yes, is a real thing).”

According to a press release, Justice Beam was supposed to represent Programs of Hope at Elee Reeves' 2022 book announcement, but her former assistant Cheeks spoke instead. Cheeks explained that Fred the Turtle was born out of the efforts of Programs of Hope.

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Cheeks, who worked as a coordinator for Family First during her employment at the Mississippi Supreme Court, is also a longtime administrator for an organization called GenerousChurch, which works to “train Biblical generosity.”

While Beam serves as an advisor to the nonprofit and chairs one of the nonprofit's programs, the judge is quick to clarify that she is not an employee or a board member for the nonprofit.

The director of Hope Rising Mississippi is Amanda Fontaine, who also serves as director of the Mississippi Association of Broadcasters. Fontaine previously worked for New's program Families First for Mississippi, according to past articles describing Fontaine as the program's “director of development and sustainability.”

A 2018-2019 ledger of Families First expenses from New's nonprofit — which the State Auditor found contained errors — does not reflect that Fontaine was on payroll, but it did list $1,500 worth of reimbursements to Fontaine for food and travel.

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“I'm in another role helping numerous people,” Fontaine told the Jackson Free Press in a 2018 feature about her work. “(Families First is) about … the family as a whole. They have so many programs that help families and children.”

(A week before the story ran, New's nonprofit paid Free Press $400 for a quarter-page ad with the memo “Congrats to Amanda Fontaine,” according to the ledger).

Hope Rising's publicly listed address is Fontaine's residence in Brandon.

Its board president is Jeff Rimes, whose partner Andy Taggart was on the state steering committee of the original Family First Initiative.

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For Rimes, the familiar characters between the old and new welfare initiatives doesn't come as a surprise. “I often say Mississippi is ‘one big small town.' Some overlap is inevitable in the world of nonprofits and government,” Rimes said in an email.

Another team member and co-founder of Hope Rising is former FBI agent Christopher Freeze, who served a stint as the director of the embattled Mississippi Department of Human Services under Bryant. Bryant appointed Freeze to replace Davis in August of 2019 after Davis was ousted for fraud.

After leaving the agency as Bryant's term was ending in early 2020, Freeze dove into the field of trauma-informed leadership and began studying for his doctorate in philosophy in organizational and community leadership. He started motivational speaking and formed an LLC for his services called Mr. Freeze Enterprises.

“I know that a lot of you have programs and services,” Freeze said to social workers and service providers in a keynote address at Hope Rising's inaugural event, MS Hope Summit, just days after Elee Reeves' 2022 press conference. “I know that you think that you're involved in programs and services and that that's the goal. Let me just tell you, that is not the goal. Your programs are pathways to those goals. Your job is to help that person understand what their goal is and how your programs can help them achieve their goal. And then help them maintain, motivate their willpower.”

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Mississippi Child Protection Services Director Andrea Sanders, who oversees the state's child welfare and foster care system, and many state employees attended last year's summit. Tickets to the event were $25 and the organization also solicited event sponsorships from $500 to $10,000.

A months later, the Governor's Office gave Hope Science Institute $10,000 in funds from Head Start, the federal preschool program for low-income families. All of the money was used to print 7,500 copies of Elee Reeves' Fred the Turtle book, according to Mississippi Today obtained.

“It was a one-time expense of the Head Start Collaboration Office for printing services for materials to promote better linkages between Head Start Agencies, other child and family agencies, and to carry out the activities of the State Director of Head Start Collaboration,” Shelby Wilcher, spokesperson for the governor, said in an email last year.

Head Start does not appear as one of the agency partners listed at the end of Fred the Turtle, nor does Hope Rising appear to do work with Head Start centers.

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Asked for more clarification, Wilcher said in a statement that after Fred the Turtle was “so well received by students,” Casey Family Programs awarded a second grant to offer books for students in all of Mississippi's 82 counties. After the second Casey grant, “the decision was made to expand the initiative to kids in Head Start,” though nearly a year after first ordering the books to be printed, they have not yet been delivered.

“Once the books funded through the Casey Foundation have been distributed, Fred the Turtle will crawl into Head Start classrooms,” Wilcher wrote.

The aim of the Hope Rising, which has already started delivering lectures to government workers about the science of hope, revolves not around providing evidence-based services to low-income families, but promoting the concept that “hope” is a tangible quality that can be taught, measured and utilized to overcome trauma and generational poverty. This year's annual “Hope Summit” is set for April.

Hope Rising advertises a summer camp called Camp HOPE America, a national program with which the nonprofit is “working to secure its affiliation status,” and a year-long program called Pathways, which is operated by existing local community organizations, according to its website.

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Hope Rising also takes some credit for the state offering five new housing vouchers to young adults aging out of foster care — a program called the Foster Youth to Independence (FYI) Voucher program that the long-standing Tennessee Valley Regional Housing Authority applied to the federal government to start receiving.

“A wide variety of organizations within the state worked for months to forge a process for leading FYI vouchers and determine the supports necessary to assist these youth in transitioning to independence,” a Hope Rising press release says.

It also promotes an initiative called “365 days of prayer.”

Hope Rising was initially incorporated as Hope Science Institute of Mississippi by pastor Dan Hall. At that time, the organization's website described its mission as “changing the trajectory of our most at-risk youths” and outlined its four action areas: “pray, preach, practice and partner.”

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“Can you imagine the impact the Body of Christ could make as we all come together to strengthen families and serve on another at one time?” the old website read. “We are looking at April being a month of hope in action across the state through the Body of Christ, organized with purposeful impact in your own community.”

Cheeks told Mississippi Today in 2022 that Hope Science Institute of Mississippi operates mainly on grants from Casey Family Programs and other private funding. She said that money goes towards administrative salaries, planning and meetings. The organization itself does not provide any direct child welfare services.

Rimes said the majority of time put in by nonprofit staff has been unpaid. “I have been deeply impressed and am extremely appreciative of the servants heart they have displayed,” he wrote.

Rimes did not answer questions from Mississippi Today about how much money Hope Rising gets from Casey Family Programs. Casey Family Programs also would not answer questions about its partnership with Hope Rising.

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“Hope Rising has a diverse board of professionals from across our State who are focused on ensuring hope is brought to Mississippi in the best possible way. Financial integrity will always be a focus of our board,” Rimes said in an email.

In 2021, the nonprofit had revenue of $8,000 and spent $3,800, all on administrative expenses, according to the Mississippi Secretary of State's Office. Information for 2022 is not yet listed. Hope Rising's IRS reports, called 990s, are not available online. Rimes provided Mississippi Today a 990 filing from the nonprofit for 2021 that did not contain any financial data. The 2022 filing is not due until May.

Mississippi Today reviewed state expenditures to The Hope Science Institute of Mississippi in the state's public-facing accounting database. In fiscal year 2022, Hope Science Institute of Mississippi received $2,525 from the Mississippi Department of Education for employee training, $1,300 from the Mississippi Department of Human Services, $3,000 from the Department of Mental Health and $10,000 from the governor's office.

In publicly available dollar figures, Fred the Turtle is Hope Rising's largest tangible offering to the state since the nonprofit's creation. The book is promoted on Hope Rising's website, which says 1,750 copies have been distributed in eight communities. It also asks for donations to “help Fred tour Mississippi.”

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Elee Reeves' 2022 announcement of Fred the Turtle came with a hodge podge of vaguely stated goals, such as “to build and bring resources that strengthen families and children in our state,” Cheeks said.

Russell Woods, senior director for strategic consulting at Casey Family Programs, said during the press conference that Fred the Turtle aligns with his organization's mission to reduce the need for foster care. The organization has repeatedly declined to discuss the project with Mississippi Today.

“This project was important to invest in because it aligns with Casey's vision to improve child wellbeing outcomes,” he said during the 2022 press conference. “And part of a healthy child development and wellbeing is literacy, education and social functioning. All of these are elements that are being effectively used in this activity book.”

The last page of the book cites several medical journals that Reeves said she used to inform her writing and the activities in the book. It also thanks several partners, including “The Casey Foundation,” “The Hope Institute,” Mississippi Department of Human Services, Mississippi Department of Child Protection Services, Mississippi Department of Education and The Cirlot Agency, the same branding agency that received $1.7 million in welfare funds for promotional materials during the Family First era.

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Cirlot Liza Cirlot Looser told Mississippi Today that Cirlot designed the cover and laid out the pages in Fred the Turtle for free.

Mississippi isn't the only place in which Casey Family Programs is partnering with the spouses of governors to build support for child welfare reform.

“The spouses of governors (first spouses) can leverage their influence to advance child and family well-being,” its website states. “Although not elected officials, first spouses are important allies to child welfare leaders as they seek to collaborate with a wide range of partners, build upstream prevention services, and transform the child welfare system.”

Meanwhile, the Mississippi Department of Child Protection Services, an agency under Gov. Reeves, is still failing to draw down the unlimited federal matching funds newly offered by the Family First Prevention Services Act of 2018 that could be used to prevent neglect and keep families intact.

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In recent weeks, the First Lady's office issued a media blast about her book tour, during which she read Fred the Turtle to students in Canton, Jackson, Hattiesburg and Meridian. WDAM reported that Elee Reeves' goal is to distribute 30,000 copies of her book.

Dixie Attendance Center student Brayden Cooke said this about the First Lady's visit: “It was amazing, but I was also kind of nervous because it's my first time seeing her and I didn't want to act a fool.”

In the book, readers follow a character named Jimmy, a fisherman in the Gulf of Mexico. On his seafood delivery route in Hattiesburg, Fisherman Jimmy encounters a turtle he names Fred.

Together, they travel to Meridian, Columbus and the U.S. Air Force Base, Natchez, Indianola and the B.B. King Museum, Oxford, where they learn about William Faulkner, and the Mississippi State Capitol in Jackson, briefly running into Gov. Reeves. Along the journey, the book asks children to contemplate and write down their dreams, goals, fears and superpowers. Other pages ask the reader to find the turtles hiding in the Capitol building, connect the dots to finish a picture of a guitar or complete a word search.

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The State's Education Superintendent Carey Wright, who also spoke at the 2022 press conference, said the new book “shows all Mississippians how much the First Lady values the children of our state.”

Wright then turned to Reeves. “If I might say,” Wright said, “you might have another vocation waiting for you when you finish this job.”

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

Mississippi Today

Senate passes Medicaid expansion ‘lite’ with veto-proof majority

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mississippitoday.org – Sophia Paffenroth and Taylor Vance – 2024-03-28 17:37:35

An austere version of expansion, which for more than a decade has been blocked by legislative , passed the Senate on Thursday 36-16 – a veto-proof majority – with significant changes to the original bill and now heads back to the House for consideration.

House Bill 1725, with the Senate's strike-all amendment, would increase Medicaid eligibility to those making up to 99% of the federal poverty level, about $15,000 annually for an individual, and would be entirely contingent on the federal government approving a work requirement of 120 hours a month. 

That's significantly different from the version of the bill that passed the House, which increased eligibility to those making up to 138% of the federal poverty level, about $20,000 annually for an individual, and would expand Medicaid regardless of whether or not the work requirement was approved. 

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Senate Medicaid Chairman Kevin Blackwell, R-Southaven, called the strike-all a more “conservative, responsible” option and described  it a “hand up, not a handout.” The Senate plan turns down roughly $1 federal dollars a year since it doesn't qualify as “expansion” according to the Affordable Care Act.

Republican Lt. Gov. Delbert Hosemann, who oversees the Senate, said that covering more low-income under Medicaid would improve the 's dismal labor participation rate – the lowest in the country

“If we as a society, as a state, believe we should have individuals who are working, stay in the workforce, pick up our labor force participation rate, then we need to do what Sen. Blackwell and the Senate did today.” 

Senate Democrats introduced several amendments, which Republicans, who hold a majority in the chamber, successfully opposed. The amendments called for: increasing the income eligibility threshold, changing the work requirement from 120 hours a month to 80 hours a month, and lowering a recertification requirement from four times a year to twice a year. 

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The Democratic senators strongly criticized the Senate plan to reporters after it passed but voted in favor of it to keep the bill alive – in hopes that the plan will improve later during House and Senate haggling. 

“This bill was not perfect,” Senate Minority Leader Derrick Simmons said. “We would love to see more individuals covered. We would love not to have any hurdles or restrictions on additional access to coverage. But we did not want to lose an opportunity to keep this bill alive as we work through this process.”

Sen. Joey Fillingane, R-Sumrall, also attempted to amend the bill by removing two of the exemptions to the work requirement – for primary caregivers of children under six years old and those diagnosed by a doctor to have a disability – and requiring co-payments for individuals fulfilling the work requirement. A few hardline conservatives supported his efforts, but both amendments were ultimately shot down by senators. 

Sixteen senators voted ‘No' on the plan: Jason Barrett, R-Brookhaven; Andy Berry, R-Magee; Jenifer Branning, R-Philadelphia; Lydia Chassaniol, R-Winona; Kathy Chism, R-New Albany; Joey Fillingane, R-Sumrall; Angela Burks Hill, R-; Chris Johnson, R-Hattiesburg; Tyler McCaughn, R-Newton; Michael McLendon, R-Hernando; Rita Potts Parks, R-Corinth; Brian Rhodes, R-Pelahatchie; Joseph Seymour, R-Vancleave; Daniel Sparks, R-Belmont; Ben Suber, R-Bruce; Neil Whaley, R-Potts Camp. 

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House Medicaid Chair Missy McGee, R-Hattiesburg, told that she does not intend to agree with the Senate's amendment and plans to hammer out a compromise in a conference committee. 

“I'm happy the Senate passed a bill,” McGee said. 

Though the Senate's plan has stricter eligibility requirements than the House version, Republican Gov. Tate Reeves, a longtime opponent of expansion, privately told senators at the Governor's Mansion on Tuesday that he would veto the bill if it reached his desk.

If the second-term governor does veto the bill, a two-thirds majority of lawmakers in both legislative chambers would need to join together to successfully override him and pass the measure into . Both chambers passed their versions with veto-proof majorities.

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Hosemann did not directly answer whether he believes there is an appetite in the GOP-controlled Senate to override a potential veto, but he said the work requirement in the Senate bill is a “good first step” toward addressing Reeves' concerns about the bill. 

“We're going to get with our House counterparts here and maybe that step forward is sufficient for the governor,” Hosemann said. “I don't think there was anybody here that didn't feel the weight of people who are working have a catastrophic event and not get back into the workforce.” 

House members have until April 19 to either agree with the Senate plan or to work on a compromise in a conference committee.

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

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Mississippi Today

Judge erred, double jeopardy shouldn’t apply, say AG attorneys seekng to retry acquitted assailant

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mississippitoday.org – Mina Corpuz – 2024-03-28 13:30:00

Nearly a year after a north Mississippi judge acquitted a 22-year-old who stabbed a man in the neck, nearly killing him, attorney general's office lawyers want to re-prosecute the case. 

They are appealing the ruling, saying the victim's absence at trial, the reasoning the judge used for his ruling, did not violate the defendant's constitutional rights and prevent trial from proceeding.

But legal experts say a retrial can be a high barrier to overcome because of double jeopardy,  a clause in the U.S. and Constitution that prevents defendants from being retried for the same following an acquittal or conviction. 

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“This is a textbook case of double jeopardy,” said Matt Steffey, a professor at Mississippi College School of Law. 

In his May 11, 2023 dismissal of the attempted murder indictment and acquittal for Lane Mitchell, Union County Circuit Court Judge Kent Smith focused on the victim's absence, finding that it violated the defendant's due and compulsory process rights, which is the ability to subpoena and secure favorable witnesses to testify. 

“This precedent thus makes the state responsible for and unable to go forward on nearly every criminal cause when a recalcitrant victim refuses to appear at trial,” the state wrote in a March 4 appellant's brief filed with the Court of Appeals. 

The victim, Russell Rogers of Tennessee, nearly bled out and suffered a stroke. As a result of the stabbing, he was diagnosed with post-traumatic stress disorder and other mental issues and placed under a conservatorship. 

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The state is asking the Court of Appeals to correct the trial court's “misstatements of law.” Alternatively, the state is asking the court to reverse and remand the trial judge's order and in its place issue an order that would allow the state to retry Mitchell. 

The defense has 30 days to respond to the appellant's brief, which is expected sometime early next month if no extensions are granted. The state will then have time to reply, and then the case can be submitted. Oral arguments were not requested. 

The 2019 stabbing

On Feb. 9, 2019, Rogers spent several hours in  Tallahatchie Gourmet in New Albany. When then-18-year-old Mitchell arrived there, he joined his parents and their friends in the bar area. 

presented in court and included in as pictures shows Mitchell, about an hour after his arrival, taking a knife from the bar and holding it behind his back as Rogers talked with a waitress. The   – Mitchell's father – and Rogers then talked, and when Rogers reacted negatively, Mitchell approached from behind and stabbed Rogers in the neck three times. 

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Mitchell testified he was to defend his father and the waitress, according to court records. The defendant said he thought Rogers had a gun, but in fact he was unarmed. 

Mitchell and Rogers had not met or talked prior to the stabbing, according to court records. 

Months after the stabbing, a Tennessee probate court found Rogers met criteria to be considered disabled and appointed his father, Robert Rogers, as his conservator. Russell Rogers remains under the conservatorship. 

Mitchell enrolled in two colleges while under indictment, first at the University of Mississippi and then Mid-America Baptist Theological Seminary in Cordova, Tennessee, where he graduated days before his 2023 trial began. 

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The attorney general's office took over the case in 2021 when the district attorney recused himself from the case. 

Victim testimony central in case 

Mississippi law states victims can exercise their right to be present and heard in court proceedings, but their absence does not prevent the court from moving forward with a proceeding. Victims can be served with a subpoena, which Mitchell's attorneys sought to do with Rogers.

The state argues the trial court seemed to ignore the Tennessee probate court's order quashing the defense's attempt to subpoena Rogers, saying his mental health problems stemming from the attack made him incapable of testifying.

The state argues the trial court only determined Rogers “appear[ed] to be intentionally unavailable” to testify in court, but it did not find what from his testimony would be favorable to the defense. 

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The defense wanted to question Rogers about his behavior the night of the stabbing and prior conduct and mental health issues, but the state wrote these factors “would not be material to a showing that Michell acted reasonably or that [Rogers] was the initial aggressor.”

Additionally, Rogers didn't witness the stabbing because Mitchell approached him from behind, the brief states. Regardless, the state argues, Mitchell's intent to defend others was already presented to the jury through other witnesses. 

The defense has argued in court filings and at trial that the conservator inserted himself into the case, including accusing him of working with the prosecution and denying access to the victim. 

The state had denied these claims, noting Robert Rogers was following his fiduciary duties as conservator when fighting the subpoena and other efforts. 

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Acquittal and double jeopardy

 Another issue raised in the state's brief is how the trial court violated the Mississippi Rules of Criminal Procedure by dismissing the indictment against Mitchell and entering an acquittal.

No rule of criminal procedure allows an indictment to be dismissed because a witness failed to appear, and acquittal isn't the proper remedy under the rules, the state argues. Instead, the valid remedies for a discovery violation are continuance or mistrial, which would have needed to have happened before a jury was sworn in and double jeopardy was in place. 

In its alternative remedy, the state asks the Court of Appeals to reverse and remand the trial court's and order a mistrial, which the state says would preserve its right to retry Mitchell. 

Former Mississippi Court of Appeals judge and Supreme Court Justice Oliver Diaz called acquittal an unusual position for a trial court and an example of how Judge Smith of the Union County court acted in a way that other trial courts don't tend to do. 

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He said the state may be asking the Court of Appeals to clarify the law and find that the judge ruled improperly, instead of seeking retrial and running into double jeopardy. 

“(A)ny judges in the future who consider this issue can know clearly and [it's] well stated by the court [that] you can't just order an acquittal if a victim doesn't show up,” he said. 

Crime victims' rights

Rogers and his conservator are asking the Court of Appeals to allow them to file an amicus curiae brief for the court to consider additional information, including victim's rights. 

A March 11 proposed amicus brief argues the trial judge's refusal to submit the case to the jury stripped Rogers of his constitutionally-protected rights as a victim. As of Thursday, the brief has not been approved. 

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Meg Garvin, executive director of the National Crime Victim Law Institute at Lewis & Clark College in Oregon, provided feedback to craft the amicus brief. 

She said the Mississippi Constitution gives crime victims the right to be treated with fairness, dignity and respect, and just because those terms are broad, it doesn't mean they are empty. 

Mitchell's attorneys want the court to deny the amicus brief, citing a May 2023 Supreme Court order denying an emergency petition filed by the conservator to halt the trial court from filing a judgment of acquittal. In it, Justice Leslie King said the victim and conservator lack standing to contest the disposition of Mitchell's case, or any charge. 

Garvin said this challenge highlights a misunderstanding about what victims' rights are. Victims asking for their rights to be protected doesn't make them a party. 

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She said it is possible for someone to exercise another's rights on their behalf, such as what happens for parents acting on behalf of their or on behalf of someone who is mentally incapacitated, including someone under a conservatorship. 

If Mitchell's case is upheld, it would be a sign that Mississippi victims' rights aren't meaningful or are being adequately considered, Garvin said. 

“The statement to the victim would be you actually don't have rights, you are just a piece of evidence in a case against someone else,” she said.

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

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Mississippi Today

Mississippi lawmakers look to other states’ Medicaid expansions. Is Georgia worth copying?

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mississippitoday.org – Sophia Paffenroth – 2024-03-28 10:58:47

As the Mississippi Republican-led Legislature considers expanding for the first time after a decade-long debate, Senate have referenced other Southern states' expansion plans as alternatives to full expansion. 

On Wednesday, the Senate Medicaid Committee passed the House Republican expansion bill with a strike-all and replaced it with its own plan, which Medicaid Chairman Kevin Blackwell, R-Southaven, called “expansion light.” The Senate is expected to take the bill up for a floor vote Thursday, with a plan that's nearly identical to Georgia's. 

Problems with “Georgia Pathways”

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policy experts don't think Georgia's plan is worth emulating. The 's plan, called “Georgia Pathways,” misses out on the increased federal match of 90% that the law to newly expanded states, and it also doesn't qualify for the additional $690 million federal dollars that would make expansion free to Mississippi for four years.

And the plan, touted as a conservative alternative to what critics call “Obamacare,” has cost state taxpayers $26 million so far, with more than 90% of that going toward administrative and consulting costs, according to KFF News. Implementing work requirements is costly and labor intensive because it involves hiring more staff and processing monthly paperwork to confirm enrollees are employed. 

“Georgia's plan has proven to be very profitable for large companies like Deloitte (the primary consultant for Georgia's ) but has provided health care to almost no one who needs it,” said Joan Alker, Medicaid expert and executive director of Georgetown University's Center for Children and Families. “It's been a terrible waste of taxpayer dollars so far.”

If the Senate plan were signed into law, Mississippi would fare the same – receiving its regular federal match of only 77% instead of 90% – and risk large administrative costs for enforcing a 120-hour-a-month work requirement and a provision that says recipients must be recertified four times a year.

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Work requirements ‘costly' to enforce

In theory, a work requirement isn't controversial. A majority of Mississippi lawmakers in both chambers want to reserve Medicaid coverage for those who are working or exempt, with legislation that incentivizes employment in the state with the lowest labor participation rate. The problem, experts say, is that in practice, it can do more harm than good. 

Policing and enforcing the work requirement costs more than it would cost to insure the small population of unemployed people who would become eligible for Medicaid under traditional expansion, explained Morgan Henderson, principal data scientist at the Hilltop Institute, a nonpartisan research group that conducted several studies detailing what Medicaid expansion would look like in Mississippi. 

“Medicaid work requirements are costly to implement,” Henderson said. “States have to develop new administrative which can cost millions, or tens of millions, of dollars. Additionally, employment requirements can be confusing and burdensome for individuals, so people who are legitimately employed and income-eligible for Medicaid may be denied coverage – thus, hurting the exact individuals who are supposed to qualify for Medicaid with work requirements.”

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In Georgia, only 3,500 people have signed up since the program began in July – despite the millions of dollars taxpayers have paid to run the program and officials' previous estimate that roughly 25,000 people would sign up in the first year and 52,000 by the fifth year. 

Lt. Gov. Delbert Hosemann said in an interview in February that the Mississippi Senate plan likely wouldn't be as strict as Georgia's, calling their work requirement “onerous.” 

But the Senate plan is even stricter than Georgia's, calling for at least 120 hours of work a month instead of the 80 hours required in Georgia. 

In Arkansas, a work requirement was briefly implemented in 2018 before it was overturned.

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A study by the New England Journal of Medicine found Arkansas' work requirement to be unsuccessful at increasing employment. The main consequence of the state's work requirement was an increase in the number of uninsured persons to full expansion and “no significant changes” in employment associated with the policy, according to the study. 

In addition, “more than 95% of persons who were targeted by the policy already met the requirement or should have been exempt.”

What's next?

The only expansion bill still alive in the Mississippi Legislature is House Bill 1725, authored by Speaker Jason White, R-West, and Missy McGee, R-Hattiesburg, which is now before the Senate. The bill, as passed by the House, has a provisional work requirement, but would expand Medicaid to 138% of the federal poverty level – even if a work requirement is not approved by federal Centers for Medicare and Medicaid Services. 

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That's important because during the Biden administration, the federal government  has rescinded work requirement waivers previously granted under the Trump administration and has not approved new ones. 

But the Senate version is entirely contingent on the work requirement, calling for a minimum of 120 work hours a month and quarterly recertification. Eligibility also only goes up to 100% of the federal poverty level. 

If the Senate were to stand firm on the work requirement, expansion might not go into effect until well into 2025. That is, if a new administration takes office. 

A provision in North Carolina's recent expansion bill could prove useful as Mississippi lawmakers debate the details of expanding Medicaid.

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A North Carolina expansion bill passed in 2023 is a mostly-traditional expansion plan with a unique work requirement provision. Expansion originally passed without a work requirement, but included a provision that says if or when a federal administration that favors the concept takes office, the state will change Medicaid eligibility rules and adopt the work requirement. 

If Mississippi were to include this kind of language in its own bill, it could expand Medicaid in 2024 or at the start of 2025, instead of waiting well into a new presidential term.

In theory, work requirements make sense, Henderson said. But they haven't produced the desired outcome of increasing the labor force participation rate in other states. That fact, coupled with the costly administrative burden of enforcing them and the unfortunate consequence of eligible enrollees losing coverage make the work requirement an unworthy pursuit, Henderson and Alker conclude. 

“In theory, it's true that, under Medicaid expansion, individuals earning slightly more than 138% of the federal poverty level could have an incentive to reduce their earnings in order to qualify for Medicaid,” said Henderson. “However, there are reasons to believe that this will be rare.”

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The three reasons Henderson gives are: “First, not all workers know their exact income as a fraction of the current federal poverty limit, which changes every year and is a function of household size. Second, not all workers can control their hours. Third, individuals earning just above 138% of the federal poverty level have access to generous subsidies through the insurance marketplace, which could reduce the incentive to reduce income to qualify for Medicaid.”

And in practice, Henderson said, “no studies I'm aware of have found evidence of Affordable Care Act Medicaid expansions having adverse effects on employment outcomes.”

The Senate is expected to vote on House Bill 1725 on Thursday. While the bill only needs a three-fifths vote to pass the floor, it realistically needs a two-thirds majority from both chambers to show it has the potential to override a threatened veto from Republican Gov. Tate Reeves.

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

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