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Mississippi Today

Felony jail time could await law enforcement officers who sexually abuse detainees, parolees under House bill

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Mississippi law enforcement who sexually abuse those detained or on supervised release could face up to five years in prison under a bill pending in the .

For more than a year, the Mississippi Center for Investigative Reporting at Mississippi Today and The New York Times have investigated and exposed allegations of sexual assault and abuse involving sheriffs and deputies across the state.

Under Mississippi law, it is a crime for officers to have sex with those behind bars, but the law does nothing to prohibit officers from sexually exploiting those they arrest or detain.

To close that loophole, state Rep. Dana McLean, R-Columbus, has introduced HB1540, which has been referred to the House Judiciary B Committee. “Someone in a position of trust should be held to a higher standard,” she said.

Jill Collen Jefferson, president of JULIAN, a civil rights and international human rights law firm, said she knows of “many instances when women have ‘consented' to sleeping with law enforcement because they were threatened with charges or fines. To me, this bill is a cold look in the mirror for the state, and I hope that it signals a migration toward acceptance of women's rights across Mississippi and the nation, accompanied by a reining in of law enforcement.”

Shawanda Canady says she was handcuffed and sexually abused by an officer who is now the chief at the Lexington Department, now under investigation by the U.S. Department of Justice.

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In a sworn statement, Canady said police rushed into her home in Goodman on Sept. 10, 2018, while she was talking to her grandmother on the cellphone.

Police arrested Canady's partner and took him to the patrol car, she said, and that then-Officer Charles Henderson cuffed her hands behind her back and held her captive for more than an hour.

“The streets have been talking about how you have a fat cat and I would like to know what it's like,” she quoted him as saying. “If I asked you to have sex, is it because you want to have sex with me or because you don't want to go to jail?”

Then Henderson digitally penetrated her and asked if she had a condom, she said.

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She moved closer to her cellphone in hopes of speaking to her grandmother, only for Henderson to grab the phone, she said.

“I told him I would wake my kids up if he didn't let me go,” she said. “Henderson then threatened to call DHS [the Department of Human Services].”

In about 15 minutes, her aunt arrived, she said, and Henderson released her.

Afterward, Canady said she complained to the council.

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A of months later, she said Henderson came up to her, shone a flashlight in her face and said, “So, we can buy new cars but not pay fines. Do we need to have another session like we did last time?”

She said he then put handcuffs on her and said, “If you keep running your mouth, I'm going to take you to Greenwood so you will never see the light of day again.”

She said she spent the next three weeks in jail.

Lexington City Attorney Katherine Riley said Chief Henderson was “never charged with a crime against Ms. Canady.” She said the Goodman city attorney told her to press charges, but she never did.

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Jefferson replied that when Canady tried to press charges, the Holmes County Justice Court rejected her filing.

Justice Court Clerk Dedra Edwards responded that no one is disallowed from filing, but that if the charge is already filed in municipal court, it can't be filed, too, in justice court because that would constitute double jeopardy.

Jefferson said Canady tried multiple times to press charges, but the city would not do so.

Riley said video evidence conflicted with Canady's story about the alleged incident at her car.

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Asked what that video evidence was, she replied, “I have not seen the video and have only heard that it was a video from across the street that showed he did not approach the vehicle as she described. But I cannot verify that information.”

Jefferson said there is “no video evidence of what Henderson did to Ms. Canady in her home, and we know of no video evidence outside of that.”

In a sworn statement, former Officer Maytrice Shields said male officers at the Lexington Police Department used their power to coerce women they detained to have sex.

They threatened to ticket or arrest women who refused to have sex with them, and they would toss tickets in return for sexual favors, she said. The police station would be littered, she said, with “dirty clothes and underwear, among other things.”

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Shields said Chief Henderson began “an inappropriate consensual relationship” after hiring her in December 2022. A sexually harassing atmosphere pervaded the department with some officers joking “about using pink cuffs and sodomizing each other,” she said.

A month later, when she informed Henderson that she wanted to end the relationship, he responded by suspending her. When she tried to turn in her camera, she said he snatched her arm, and when she pulled her arm away, he pushed her and choked her.

She never returned to the station.

Riley said the Holmes County Sheriff's Office investigated Shields' allegation of choking and “determined that the charge was unfounded by the witnesses that were present. … None of the witnesses saw her being choked, specifically the witness behind the dispatcher desk who saw the entire interaction.”

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Jefferson responded that the sheriff's office never really investigated what happened with Shields and what she witnessed.

Former Deputy Kendrick Slaughter said Noxubee County Sheriff Terry Grassaree asked him to tell two women under arrest that, if they would have sex together, their charges would be dropped.

Grassaree faces an April 8 trial in U.S. District Court on allegations he lied to FBI agents when they questioned him about whether he requested sexually explicit photographs or videos from Elizabeth Layne Reed, who was jailed for four years without a trial.

A new federal indictment accuses him of trying to destroy digital evidence on the cellphone that deputies gave Reed. After receiving nude photographs she took inside the jail, he reportedly wrote back, “Body looks perfect.”

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In 2019, Reed told investigators that she had been coerced into having sex with two deputies who offered her a cellphone in exchange for her compliance. Instead of punishing the deputies, she claimed in a against the county, Grassaree demanded she send him explicit pictures and videos of herself.

“It made me terrified to trust anybody,” she told the Times and Mississippi Today. “Women in jail and prison need to be protected.”

Sheriff Eddie Scott sits for a portrait in his office in Point, Miss., on June 29, 2023. Credit: Rory Doyle for The New York Times

A few months after Eddie Scott became sheriff of Clay County in 2012, a woman accused him of coercing her into a sexual relationship after she was arrested.

Promising to use his influence in their rural community to keep her out of prison, she said, the lawman drove her to a hog farm to have sex in his patrol car on at least five occasions, and she provided copies of love letters Scott wrote her in prison as proof.

The revelations could have led to an internal investigation, a criminal inquiry or a public reckoning for the newly installed sheriff. Instead, powerful officials in Clay County took no action.

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And the allegations didn't end there.

Amber Jones of West Point said Scott repeatedly took her from the jail to an apartment, where he coerced her to have sex during her eight-month stay in 2017 and 2018. “I felt like I was worthless, like I didn't have any control over my own body,” she said in a 2022 interview. “There was nothing I could do to stop it.”

In sworn testimony, Scott declined to say whether he had ever had sex with her, citing his Fifth Amendment right to avoid self-incrimination.

He also took the Fifth when asked if he tried to have a “threesome” with Jones and another female trusty from the jail.

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Jones said the nightmare for her didn't end when she left jail. She said the sheriff coerced her to send nude photos through Snapchat, the disappearing- app.

The sheriff denied these were nude photos. He said they were only “body shots” of Jones' tattoos he has since turned over to the FBI.

After Jones posted on Facebook what she said had happened to her, she was arrested twice on drug charges after she said drugs were planted in her car. A recording of a purported drug dealer appears to corroborate her story.

After Mississippi Today and The Times ran the story on Scott on July 19, the sheriff created a Facebook post where he called the article “completely slanted, one sided and a story without any basis in fact. The article did not mention the fact that in late 2021, I reported these allegations to the local District Attorney's Office, the Mississippi of Investigations [sic] and requested the allegations be investigated. The article fails to mention that the investigating agencies declined to do anything based on a lack of credible evidence.”

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District Attorney Scott Colom said Sheriff Scott contacted one of his investigators about Jones' allegations and asked if the office could investigate.

The prosecutor said the investigator told the sheriff, “No, we don't have the capability. Ask MBI to investigate.”

Bailey Martin, spokeswoman for the Mississippi Department of Public Safety, said the agency found no record of the Mississippi Bureau of Investigation investigating Sheriff Scott.

Former Parole Board Chairman Steve Pickett, who also served as a deputy sheriff and justice court judge, noted that the new bill extends beyond those in custody to include others who can be sexually abused, such as those still on probation, parole or other supervised release.

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A lot of sentences in Mississippi include lengthy probation periods, he said.

“Folks confuse confinement with jail, but if you have a 10-year probation you are serving, you can be revoked at any time,” he said. “Unfortunately, some bad apples hold positions of power and have control over people who typically have no voice or access to an attorney. They remain vulnerable to those with the power to take their freedom.”

Last year, McClean pushed for a bill to repeal the spousal exception in the rape statute. It became law.

She hopes to do the same thing with this bill on officers. “The fact that it's not criminal has got to be shored up,” she said. “These cases are falling through the cracks.”

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Ilyssa Daly contributed to this report, which was produced in partnership with the Pulitzer Center.

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

Mississippi Today

On this day in 1937

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May 1, 1937

Liz Montague's Google Doodle honoring pioneering African American cartoonist Jackie Ormes. Credit: Courtesy of Google

Jackie Ormes became the first known Black cartoonist whose work was read coast to coast through the major black publication, the Pittsburgh Courier.

Her cartoon told the story of Torchy Brown, a Mississippi teenager who sang and danced her way from Mississippi to New York , mirroring the Great Migration, when millions of African Americans trekked from the South to the North, Midwest and .

In 1945, her cartoon, “Patty-Jo ‘n' Ginger,” started. The strip proved so popular that department stores sold Patty-Jo as a doll. Five years later, Torchy returned, this time as a confident and courageous woman who dared to tackle such issues as race, sex and the . applauded this strong model of what young Black women could be.

In 2014, she was inducted into the Black Journalists Hall of Fame and was later by Google on its search page.

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

Did you miss our previous article…
https://www.biloxinewsevents.com/?p=354343

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Mississippi Today

Work requirement will likely delay or invalidate Medicaid expansion in Mississippi

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mississippitoday.org – Sophia Paffenroth – 2024-04-30 19:12:46

The final version of Medicaid expansion in the could leave tens of thousands of uninsured, working Mississippians waiting indefinitely for Medicaid coverage – unless the federal makes an unprecedented move.

The compromise lawmakers reached minutes before a legislative deadline on Monday night makes expansion contingent on a work requirement. That means even if both chambers pass the bill, the estimated 200,000 Mississippians who would qualify for coverage would need to wait until the federal government, under either a Biden or Trump administration, approved the waiver necessary to implement a work requirement – which could take years, if ever.

Lawmakers in favor of the work requirement have not been open to allowing expansion to move forward while the work requirement is in flux. The House bill proposed expansion be implemented immediately but included a “trigger law” similar to North Carolina's. The “trigger law” mandated that if the federal government ever changed its policy on allowing states to implement a work requirement, Mississippi would move to implement one immediately.

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Senator Brice Wiggins, R-Pascagoula, one of the Medicaid expansion conferees, posted on social “if CMMS wants people covered then it will approve (the work requirement). Nothing prevents them from approving it other than POTUS/CMMS philosophy.” 

But even in states where a work requirement was approved, litigation ensued, with the courts finding the approval of the work requirement unlawful for a number of reasons, according to a KFF report

Senate Medicaid Chairman Kevin Blackwell, R-Southaven, did not respond to Mississippi by the time the story published. 

Will a Biden – or Trump – administration approve the work requirement?

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The Biden administration has never approved the waiver necessary for a work requirement and has rescinded ones previously granted under the Trump administration. Waivers granted under the Trump administration were not granted under the current circumstances as Mississippi. 

reached out to the Centers for Medicare and Medicaid Services for comment but did not hear back by the time of publication. 

Joan Alker, Medicaid expert and executive director of Georgetown 's Center for Children and Families, explained that the Trump administration has never approved a work requirement up front for a traditional expansion plan like Mississippi's.  

In states like Kentucky and Arkansas, Alker explained, the Trump administration approved work requirements as a means of limiting already-existing expansion plans. In Georgia, an outlier that remains in litigation with the Biden administration for rescinding the state's work requirement waiver, the Trump administration approved a work requirement for a plan that isn't considered full “expansion” under the Affordable Care Act and doesn't draw down the increased federal match rate.

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“If the Legislature passed a bill with both of those requirements being non-negotiable, (the work requirement and the enhanced match) they need to know that there is no precedent for that kind of approval from either a Biden or a Trump CMS,” she said.

What happens if a work requirement is approved?

In the best case scenario – that a work requirement is approved by some administration in the near future – its implementation could mean an increase in administrative costs and a decrease in eligible enrollees getting the coverage for which they qualify. Georgia's plan, for example, requires people document they're in school, working or participating in other activities. The requirement has cost taxpayers at least $26 million, and more than 90% of that has gone toward administrative and consulting costs, according to KFF Health .    

“Even if CMS does approve (it), actually implementing and administering work requirements is costly and complex,” explained Morgan Henderson, the principal data scientist on a study commissioned by the Center for Mississippi Health Policy and conducted by the Hilltop Institute at the University of Maryland, Baltimore County. “This would almost certainly significantly dampen enrollment relative to a scenario with no work requirements, and cost the state millions to implement.”

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Many of the cases where work requirements were approved but then deemed unlawful were due to court rulings that found that the work requirement resulted in lower enrollment, counterproductive to the primary goal of Medicaid. 

In addition to lowering enrollment, the work requirements have not led to increased employment, the primary goal of the work requirement, explained Alice Middleton, deputy director of the Hilltop Institute and a former deputy director of the Division of Eligibility and Enrollment at the Centers for Medicare and Medicaid Services. 

“Recent guidance has been clear that work requirements would jeopardize health coverage and access without increasing employment,” Middleton said. “While a future Trump Administration may revisit these decisions and approve work requirements again, legal challenges are likely to follow …”

Senate compromised with the House on a number of fine points regarding the work requirement: reducing the mandatory employment from 120 to 100 hours a month; reducing the number of employment verification renewals from four times to once a year; and removing the clause that would require the state to enter into litigation with the federal government, as Georgia did, if the federal government turns down the work requirement. 

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“It was encouraging to see both sides compromising, but, ultimately, the inclusion of work requirements multiple sets of challenges to successful expansion,” Henderson said.

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

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Mississippi Today

Why many House Democrats say they’ll vote against a bill that is ‘Medicaid expansion in name only’

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mississippitoday.org – Bobby Harrison – 2024-04-30 18:55:44

For a decade, House Democrats have been beating the drum — often when it seemed no one else was listening — to expand to provide for working poor Mississippians.

It looks as though a large majority of those House Democrats as early as Wednesday will vote against and possibly kill a bill that purports to expand Medicaid.

They say the agreement reached late Monday between House and Senate Republicans may be called Medicaid expansion, but it is not written to actually go into effect or the hundreds of thousands of Mississippians who need care coverage.

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“It is just like an eggshell with no egg in the middle,” said Rep. Timaka James-Jones, a Democratic from Belzoni in her first term. “It does not make sense.”

Republicans, who have have supermajorities in both the House and Senate and do not need a single Democratic vote to pass any bill, have for years relished their power over legislative Democrats. But when a three-fifths vote is needed and Republicans aren't in unanimous agreement like on this current bill, Democrats have real power to flex.

Earlier on Tuesday, after a closed-door luncheon meeting of House Democrats, Rep. Robert Johnson of Natchez, the minority leader, informed Speaker Jason White that 32 of the 41 House Democrats planned to vote no. That news sent shockwaves through the Capitol.

With several House Republicans also expected to vote no, that number of dissenting Democrats would likely prevent the legislation from getting the three-fifths majority needed to pass. And no votes by 32 Democrats would surely mean the proposal would fall short of the two-thirds majority that would be needed later to override an expected veto from Gov. Tate Reeves, who is opposed to accepting more than a $1 a year in federal funds to provide health care for an estimated 200,000 Mississippians.

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At issue for the House Democrats is a work requirement that Senate Republicans insisted be placed in the bill and that House negotiators agreed to minutes before the Monday night deadline to reach an agreement between the two chambers.

Federal officials have made it clear in the past that they would not approve a work requirement as part of Medicaid expansion. But in the proposal that House and Senate agreed to, Medicaid expansion would not go into effect until federal officials approve a work requirement.

Senate leaders have expressed optimism that the Biden administration would be so pleased with longtime Medicaid expansion holdout Mississippi making an effort that it would approve a work requirement, or that the conservative federal 5th Circuit Court would approve it if litigated.

“It is tough. For the 11 years I have served in the House, I have supported the expanding Medicaid,” said Rep. John Faulkner, D-Holly Springs. “But the truth is this conference report really doesn't do anything to help poor people who need it.”

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The comments made by Faulkner were echoed by multiple House Democrats at the luncheon meeting, according to numerous sources inside the meeting.

After that meeting, Democratic leader Johnson relayed those sentiments and the Democrats' plans to vote against the proposal to White.

So White called a Tuesday afternoon meeting with Johnson. After the Republican speaker and Democratic leader met behind closed doors, Johnson announced on the House floor that House Democrats would hold another caucus meeting. It did not last long.

After that meeting, several Democrats said their plans to vote against the bill had not changed, though some acknowledged privately that voting against the bill would be difficult. One member, when asked if the Democrats still planned to vote against the proposal in large numbers, replied, “It is fluid. I don't know. We will see.”

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Many of the Democrats praised White, a first-term speaker, for finally tackling Medicaid expansion. And they praised the original House bill that that Medicaid expansion to go into effect in Mississippi like it had in 40 other states even if a work requirement was struck down by federal officials. They also praised Republican Medicaid Chairwoman Missy McGee for her work to pass “a clean” Medicaid expansion bill.

READ MORE: House agrees to work requirement, Senate concedes covering more people in Medicaid expansion deal

But they expressed disappointment with the final agreement worked out between House and Senate leaders with the non-negotiable work requirement. They said they had informed House leaders all along that they would oppose a compromise that included a work requirement.

“We know all eyes are on us right now because the Republican supermajority couldn't reach an agreement among themselves,” said Rep. Daryl Porter, D-Summit. “Republican infighting on Medicaid expansion becoming our responsibility to referee feels unfair when they're the ones who couldn't get the support for their own bill. They're waiting to see if we'll bail them out.”

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Several House Democrats said it would be difficult to go back home and explain to their constituents that they voted against Medicaid expansion.

But Rep. Rickey Thompson, D-Tupelo, said people should not view them as voting against Medicaid expansion simply because the bill would not expand Medicaid.

“It just puts something on paper, but it does not do anything,” said Thompson.

“It is not Medicaid expansion,” said Zakiya Summers, D-Jackson, who said she campaigned on Medicaid expansion when she first ran and was first elected in 2019. She spoke as a surrogate for Democratic gubernatorial candidate Brandon Presley last year in support of Medicaid expansion.

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Rep. Bryant Clark, D-Pickens, said it would be more difficult to explain to constituents that they could not get health care through Medicaid even after the approved it than to vote against it and explain the reason for that vote.

Numerous members said Rep. Percy Watson, D-Hattiesburg, made the most salient point at the Democrats' first caucus meeting on Tuesday.

Watson, the longest serving member of the House, told the story of a vote in the 1982 session on a bill that would have allowed local school districts to enact kindergarten and require mandatory school attendance. Watson said he voted for the bill, but later was pleased that it died.

If that bill had passed, there would not have been the landmark special session later that year when statewide kindergarten was created and school attendance was mandated statewide.

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“Sometimes it takes more than one session to pass something important,” Watson said.

Everyone at the Capitol is closely tracking what the House Democrats decide — Senate Republicans, who are reportedly struggling to get a three-fifths vote of their own to pass the bill in that chamber.

After word spread Tuesday of the House Democrats' meeting and potential killing of the expansion bill, Senate Medicaid Chair Kevin Blackwell, R-Southaven, said he would not present the expansion proposal in his chamber until after the House acted.

The bill, which faces a Thursday evening deadline, could be sent back for additional negotiations where the work requirement could be removed. But the Senate has thus far not yielded on the work requirement — something that House Democrats, clearly, believe would result in the bill never going into effect.

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READ MORE: Back-and-forth: House, Senate swap Medicaid expansion proposals, counter offers

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

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