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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 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, 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 having 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 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 freedom 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 Reporting 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 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 state 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.

Mississippi Today

Podcast: The controversial day that Robert Kennedy came to the University of Mississippi

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Retired U.S. Bankruptcy Judge Edward Ellington talks with Mississippi 's Bobby Harrison and Geoff Pender about former U.S. Robert Kennedy's speech at the University of Mississippi less than four years after the riots that occurred after the integration of the school. Ellington, who at the time headed the Speaker's as a school student, recalls the controversy leading up to the speech. 


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=359978

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Mississippi Today

On this day in 1961

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mississippitoday.org – Jerry Mitchell – 2024-05-20 07:00:00

MAY 20, 1961

In this 1961 , leader John Lewis, left, stands next to James Zwerg, a Fisk student. Both were attacked during the Rides. Credit: AP

A white mob of more than 300, Klansmen, attacked Freedom Riders at the Greyhound Bus Station in Montgomery, Alabama. Future Congressman John Lewis was among them. 

“An angry mob came out of nowhere, hundreds of people, with bricks and balls, chains,” Lewis recalled. 

After beating on the riders, the mob turned on reporters and then Justice Department official John Seigenthaler, who was beaten unconscious and left in the street after helping two riders. 

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“Then they turned on my colleagues and started beating us and beat us so severely, we were left bloodied and unconscious in the streets of Montgomery,” Lewis recalled. 

As the mob headed his way, Freedom Rider James Zwerg said he asked for God to be with him, and “I felt absolutely surrounded by love. I knew that whether I lived or died, I was going to be OK.” 

The mob beat him so badly that his suit was soaked in blood. 

“There was nothing particularly heroic in what I did,” he said. “If you want to about heroism, consider the Black man who probably saved my . This man in coveralls, just off of work, happened to walk by as my beating was going on and said ‘Stop beating that kid. If you want to beat someone, beat me.' And they did. He was still unconscious when I left the hospital.” 

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To quell the violence, Robert Kennedy sent in 450 federal marshals.

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

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Mississippi Today

2024 Mississippi legislative session not good for private school voucher supporters

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mississippitoday.org – Bobby Harrison – 2024-05-19 14:11:52

Despite a recent Mississippi Supreme Court ruling allowing $10 million in public money to be spent on private schools, 2024 has not been a good year for those supporting school vouchers.

School-choice supporters were hopeful during the 2024 legislative , with new House Speaker Jason White at times indicating support for vouchers.

But the Legislature, which recently completed its session, did not pass any new voucher bills. In fact, it placed tighter restrictions on some of the limited laws the state has in place allowing public money to be spent on private schools.

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Notably, the Legislature passed a bill that provides significantly more oversight of a program that provides a limited number of scholarships or vouchers for special-needs to attend private schools.

Going forward, thanks to the new law, to the vouchers a parent must certify that their child will be attending a private school that offers the special needs educational services that will help the child. And the school must report information on the academic progress of the child receiving the funds.

Also, efforts to expand another state program that provides tax credits for the benefit of private schools was defeated. Legislation that would have expanded the tax credits offered by the Children's Promise Act from $8 million a year to $24 million to benefit private schools was defeated. Private schools are supposed to educate low income and students with special needs to receive the benefit of the tax credits. The legislation expanding the Children's Promise Act was defeated after it was reported that no state agency knew how many students who fit into the categories of poverty and other specific needs were being educated in the schools receiving funds through the tax credits.

Interestingly, the Legislature did not expand the Children's Promise Act but also did not place more oversight on the private schools receiving the tax credit funds.

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The bright spot for those supporting vouchers was the early May state Supreme Court ruling. But, in reality, the Supreme Court ruling was not as good for supporters of vouchers as it might appear on the surface.

The Supreme Court did not say in the ruling whether school vouchers are constitutional. Instead, the state's highest court ruled that the group that brought the for Public Schools – did not have standing to pursue the legal action.

The Supreme Court justices did not give any indication that they were ready to say they were going to ignore the Mississippi Constitution's plain language that prohibits public funds from being provided “to any school that at the time of receiving such appropriation is not conducted as a free school.”

In addition to finding Parents for Public Schools did not have standing to bring the lawsuit, the court said another key reason for its ruling was the fact that the funds the private schools were receiving were federal, not state funds.  The public funds at the center of the lawsuit were federal COVID-19 relief dollars.

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Right or wrong, The court appeared to make a distinction between federal money and state general funds. And in reality, the circumstances are unique in that seldom does the state receive federal money with so few strings attached that it can be awarded to private schools.

The majority opinion written by Northern District Supreme Justice Robert Chamberlin and joined by six justices states, “These specific federal funds were never earmarked by either the federal government or the state for educational purposes, have not been commingled with state education funds, are not for educational purposes and therefore cannot be said to have harmed PPS (Parents for Public Schools) by taking finite government educational away from public schools.”

And Southern District Supreme Court Justice Dawn Beam, who joined the majority opinion, wrote separately “ to reiterate that we are not ruling on state funds but (ARPA) funds … The ARPA funds were given to the state to be used in four possible ways, three of which were directly related to the COVID -19 health emergency and one of which was to make necessary investments in , sewer or broadband infrastructure.”

Granted, many public school advocates lamented the , pointing out that federal funds are indeed public or taxpayer money and those federal funds could have been used to help struggling public schools.

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Two justices – James Kitchens and Leslie King, both of the Central District, agreed with that argument.

But, importantly, a decidedly conservative-leaning Mississippi Supreme Court stopped far short – at least for the time being – of circumventing state constitutional language that plainly states that public funds are not to go to private schools.

And a decidedly conservative Mississippi Legislature chose not to expand voucher programs during the 2024 session.

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

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