Jackson Free Press

Verbatim statement from the US DOJ:

MISSISSIPPI CORPORATION PLEADS GUILTY AND AGREES TO $ 1 MILLION FINE FOR ILLEGALLY FILLING PROTECTED WETLANDS

WASHINGTON – Mississippi-based Hancock County Land LLC (HCL) pleaded guilty today to the unpermitted filling of wetlands near Bay St. Louis, Miss., and agreed to pay a $1 million fine and take remedial measures for two felony violations of the Clean Water Act, announced Assistant Attorney General Ignacia S. Moreno of the Justice Department's Environment and Natural Resources Division and U.S. Attorney for the Southern District of Mississippi Gregory K. Davis. HCL admitted causing the unauthorized excavation and filling of wetlands on a 1,710 acre parcel of undeveloped property in Hancock County, west of the intersection of Route 603 and Interstate 10.

According to the charges filed in federal court in Jackson, Miss., when HCL purchased the property, it had been informed by a wetland expert that as much as 80 percent of its land was federally protected wetland connected by streams and bayous to the Gulf of Mexico and, therefore, that the property could not be developed without a permit from the U.S. Army Corps of Engineers. Such permits typically require that developers protect and preserve other wetlands to compensate for those they are permitted to fill and destroy.

The charges allege that in spite of additional notice of the prohibition against filling and draining wetlands without authorization, HCL, principally through its minority owner /general contractor, hired an excavation contractor to trench, drain and fill large portions of the property to lower the water table and thus to destroy the wetland that would otherwise have been an impediment to commercial development. In pleading guilty, HCL admitted that it knowingly ditched, drained and filled wetlands at multiple locations on the Hancock County property without having obtained a permit from the Army Corps of Engineers as required under the Clean Water Act.

It is a felony under the Clean Water Act for any person knowingly to discharge pollutants into waters of the United States, including wetlands, without a permit. A corporation convicted of this offense is subject to a penalty of not more than $500,000 per count.

HCL agreed and was ordered to pay to the federal government a total penalty of $1 million ($500,000 for each of the two counts). HCL also agreed and was ordered by the court to restore and preserve the damaged wetlands as provided in separate agreements HCL reached with the U.S. Environmental Protection Agency (EPA) and a citizen group, the Gulf Restoration Network. The agreements require HCL to re-grade and then re-plant, with appropriate native vegetation, the wetland area it excavated and filled and donate approximately 272 acres of the southwest quadrant of its property to the Land Trust for the Mississippi Coastal Plain to be preserved in perpetuity. HCL is also required to fund its management and maintenance, to pay $100,000 toward the litigation costs of the Gulf Restoratio

Today, the Association of Alternative Newsmedia released a statement joining other journalism organizations in protesting the U.S. Department of Justice's over-reaching subpoena of The Associated Press' phone records. The JFP joins other media organizations who have signed onto this letter by the Reporters Committee for Freedom of the Press. It reads in part:

The scope of this action calls into question the very integrity of Department of Justice policies toward the press and its ability to balance, on its own, its police powers against the First Amendment rights of the news media and the public’s interest in reporting on all manner of government conduct, including matters touching on national security which lie at the heart of this case.

The deadline for registration is May 24.

The Jackson Free Press is bringing home some Green Eyeshades again.

The Mississippi State Supreme Court has granted a stay of execution for death row inmate Willie Jerome Manning. Manning was scheduled to be put to death this evening at 6 p.m. at Mississippi State Penitentiary at Parchman.

Manning, accused of killing two people in Oktibbeha County in 1992, has maintained he is innocent and has been fighting to clear his name. Since last week, the Federal Bureau of Investigation has twice admitted to errors in Manning's original trial, stating that investigators overstated the evidence against Manning.

Prosecutors said Manning had been in possession of items that belonged to the victims and that bullets from Manning's gun matched bullets recovered from the victims' bodies. On May 6, the FBI said in a letter: “The science regarding firearms examinations does not permit examiner testimony that a specific gun fired a specific bullet to the exclusion of all other guns in the world.”

In a letter to Oktibbeha County District Attorney Forrest Allgood, who prosecuted Manning, U.S. Justice Department officials stated last week "that testimony containing erroneous statements regarding microscopic hair comparison analysis was used" in Manning's case.

The letter, which went to Manning's lawyer and the Mississippi Innocence Project, which is monitoring the case, goes on to say that information the FBI presented in its testimony "exceeded the limits of science, and was, therefore, invalid." The FBI offered to perform the mitochondrial DNA testing.

Manning has always said he did not commit the crime; in fact, he says he was at a club on the night of the murders. For years, he's been trying to convince the state to test DNA from the crime scene. As gruesome as the murders were, there should be lots of biological material to test. One of the victims, Tiffany Miller, was shot twice in the face at close range. One leg was out of her pants and underwear, and her shirt was pulled up. Her boyfriend John Steckler's body had abrasions that occurred before he died, and he was shot once in the back of the head. A set of car tracks had gone through the puddles of blood and over Steckler's body.

One of the issues Manning raised in his appeal is that Allgood illegally kept African Americans off Manning's jury by dismissing potential jurors who said they read African American magazines. David Voisin, Manning's attorney, said if approved, the testing could take several weeks, depending on which lab is used.

On May 3, at the Mississippi Capitol, death-penalty opponents and Manning supporters called on Gov. Phil Bryant to stop the execution. The Mississippi Innocence Project filed a brief in support of Manning this week. Kennedy Brewer, who was exonerated in 2008 with DNA tests after being convicted and sentenced to death for killing his girlfriend's young daughter, also wrote Bryant asking to give Manning the same opportunity to clear his name that Kennedy received.

Update: Statment from Attorney General Jim Hood

I am sorry that the victims’ families will have to continue ...

Willie Jerome Manning, convicted of the 1992 murders of two Mississippi State students, is scheduled to be executed on Tuesday May 7.

Manning has always said he did not commit the crime; in fact, he says he was at a club on the night of the murders. For years, he's been trying to convince the state to test DNA from the crime scene. As gruesome as the murders were, there should be lots of biological material to test. One of the victims, Tiffany Miller, was shot twice in the face at close range. One leg was out of her pants and underwear, and her shirt was pulled up. Her boyfriend John Steckler's body had abrasions that occurred before he died, and he was shot once in the back of the head. A set of car tracks had gone through the puddles of blood and over Steckler's body.

Already the Mississippi State Supreme Court has denied Manning's request to have DNA tests done that were unavailable in the early 90s. Now, Manning's attorneys have produced information that shows the Federal Bureau of Investigation erred in its testimony in Manning's case. In a letter to Oktibbeha County District Attorney Forrest Allgood, who prosecuted the case, U.S. Justice Department officials state "that testimony containing erroneous statements regarding microscopic hair comparison analysis was used" in Manning's case.

The letter goes on to say that information the FBI presented in its testimony "exceeded the limits of science, and was, therefore, invalid." The FBI offered to perform the mitochondrial DNA testing, and requested Allgood's office respond by May 6 -- the day before Manning is to be put to death.

It's unclear whether Allgood will be receptive. One of the issues Manning raised in his appeal is that Allgood illegally kept African Americans off Manning's jury by dismissing potential jurors who said they read African American magazines for reading liberal publications. David Voisin, Manning's attorney, said if approved the testing could take several weeks depending on which lab is used.

This afternoon at the Capitol, death-penalty opponents and Manning supporters called on Gov. Phil Bryant to stop the execution. The Mississippi Innocence Project field a brief in support of Manning this week. Kennedy Brewer, who was freed in 2008 with DNA tests after being convicted and sentenced to death for killing his girlfriend's young daughter, also wrote Bryant asking to give Manning the same opportunity to clear his name that Kennedy received.

Sister Maati, of Our Community Against Racism, invoked this year's 50th anniversary of Medgar Evers' assassination and said allowing Manning's execution take place, considering the discriminatory fashion in which his lawyers say the DA picked his jurors, would demonstrate that Mississippi has not moved beyond its legacy of injustice.

"Mississippi, prove that institutional racism is no longer a part of your southern heritage, or admit that the execution of Willie Manning is yet another Mississippi lynching," Sister Maati said this afternoon.

A disagreement over parking in Fondren caused a social-media stir this week.

The state of Mississippi is moving closer to carrying out the first execution of 2013.

The Mississippi State Supreme Court denied today Willie Jerome Manning's requests for a rehearing and a stay of execution. Manning wants DNA tests that were not available at the time of his conviction in the early 1990s. Manning received the death penalty for the December 1992 killings of two Mississippi State University students, Tiffany Miller and Jon Steckler.

Manning has maintained his innocence. This Mississippi Innocence Project filed a brief in support of Manning. Innocence Projects usually don't get involved with cases that lack compelling evidence of innocence. Of the seven people Innocence Project helped exonerate, six of them were freed because their DNA was absent from the scene of the crime, the brief states.

In addition to the DNA request, Manning's attorney said one of the prosecution's jury-selection tactics in Manning's trial was discriminatory. Voisin said some candidates listed publications such as Jet and Ebony magazines on a jury questionnaire. Prosecutors dismissed some of the potentials because they read liberal publications.

In 2012, Mississippi tied with Arizona and Oklahoma for second-most executions carried out in the United States, with six in each state. Texas led the nation with 15 executions in 2012. Manning is scheduled to be executed May 7 at Mississippi State Penitentiary in Parchman.

I will soon launch our first eBook in a new "Ghosts of Hinds County" series. The first will focus on the juvenile-detention scandal of the 1990s. If you want to hear about it right away, please subscribe (free) to jfpdaily.com. We will announce it to the daily list as soon as it's live.

(An added benefit to subscribing: You get daily breaking news on weekdays and invitations to all our big events, including the Best of Jackson party, so there's that.)

The launch will originally scheduled for early May, but election coverage conspired against me. If you have something you think you could add to a piece about the juvenile detention days of old, please email me at ladd@jacksonfreepress.com. We can talk confidentially if needed.

Looks like both property and violent crime rates continue to drop across the city, according to the latest COMSTAT numbers released by the Jackson Police Department.

The report for April 15-21, which you can read here, details how, across the board, property crime is down 18.5 percent year-to-date and violent crime is down six percent.

The biggest drops in rates appear to be in business burglary and grand larceny, which are down 43.3 percent and 45.1 percent, respectively. There have been 114 business burglaries to date in 2013, compared to 201 in 2012, and there have been 150 acts of grand larceny in 2013, down from 273 year-to-date in 2012. Auto burglaries have also fallen off at a rate of 41.7 percent (74 YTD compared to 127 last year).

Homicides, which have been a hot topic of discussion in recent weeks, are down 33.3 percent (14 in 2013 to 21 in 2012).

There were some trouble spots in the report as well. There has been a rash of house burglaries in the past week in Precinct 3, which covers Northwest Jackson from I-220 to Mill Street. Police responded to 16 house burglaries, four of which took place in the Queens neighborhood between Flag Chapel Road and Magnolia Road.

Precinct 2, which spans from West Hwy. 80 to I-55 through the downtown area, saw a congestion of house burglaries near Washington Addition and between Terry Road and Gallatin Street. Police responded to eight auto thefts last week alone. But looking at the bigger picture, crime is down this year 23.6 in that precinct, traditionally Jackson's most dangerous.

I was just at the Hinds County Circuit Clerk's doing research for a story , and a couple of employees were talking about a mini-plague of serpents in the basement office.

This week, employees have stumbled across five earth snakes in the file room, Circuit Clerk Barbara Dunn said. Earth snakes are nonvenomous and grow up to around 8 inches. Employees said they have been unable to ascertain how the asps are getting in the building.

The thing that really made my skin crawl, though, was being charged $1 per page to make copies. Mississippi has some of the nation's worst open-records laws, which makes a lot of documents public but lets government agencies charge whatever they want. What stung the most was that I had to make the copies myself, and still had to fork out $84 for a pretty skimpy stack of paper (pictured).

Where's Nick Fury when you need him?

http://jacksonfreepress.com/users/photos/2013/apr/24/11644/

http://jacksonfreepress.com/users/photos/2013/apr/24/11645/

Expo is slated for May 11 at Metrocenter Mall.

Congressional mail authorities have confirmed that a letter sent to Mississippi's junior U.S. Sen. Roger Wicker contained ricin, a bean-based poison, POLITICO reports.

POLITICO reports that U.S. Sen. Claire McCaskill of Missouri indicated the letter came from someone who frequently writes to lawmakers, but McCaskill would not name the person.

Senate Majority Leader Harry Reid said no other senators received the ricin-laced mail.

Apparently whoever did it was just mad at Wicker that day.

"We will find out who did this, and we will hold them accountable."

It's unclear whether North Korea has gone ahead with its plan to launch a nuke, but it does appear that the universe has imploded.

Today, the Obama Administration announced it would hold off on cutting a program that partially reimburses hospitals for caring for the poor -- and Mississippi's Republican Medicaid foes are welcoming the news.

These funds, known to health-care policy wonks as disproportionate-share hospital payments, were set to expire next year. Under a deal the White House struck with hospitals to get their support for Obamacare, hospitals agreed to accept DSH cuts in exchange for putting more people on state Medicaid rolls.

However, Republican governors in states that are most in need of improved health-care vowed to resist growing their Medicaid programs.

Governing magazine reports that Marilyn Tavenner, head of the Centers for Medicare and Medicaid Services, said "postponing the reductions would allow states to complete their decision process about the Medicaid expansion."

Surprisingly, Mississippi Republicans are trumpeting the Obama Administration decision. The Legislature reached a stalemate on funding Medicaid as well as expanding the program during the legislative session that recently ended.

Gov. Phil Bryant, who is expected to convene a special session to deal with Medicaid, said he is "pleased" with Obama.

Said Bryant, through a news release: "I have long advocated that cuts to this program should not be used to affect budgets in states that choose not to expand Medicaid. This move should give us additional time to make a reasonable decision about any changes to the Medicaid program."

http://jacksonfreepress.com/users/photos/2013/apr/10/11443/

The Mississippi Department of Corrections announced the death of Lessadolla Sowers at Mississippi State Penitentiary.

Sowers, formerly of Tunica County, was convicted of 10 counts of voter fraud in April 2011. She was sentenced to five years at Parchman for submitting fraudulent ballots in the August 2007 Democratic primary election.

Sowers appealed to the Mississippi State Supreme Court, which upheld her conviction in November 2012.

MDOC officials said Sowers, 69, possibly died from stroke complications on April 7.

Jackson Police Department crime statistics through the end of March show a slight to moderate improvement in almost every category.

According to the data, through March 31, auto burglaries, auto thefts, business burglaries, grand larcenies, house burglaries, aggravated assaults, armed robberies and homicides are down from last year.

Carjacking is up by five cases (47 YTD in 2013, as opposed to 42 in 2012), and there have been four more reported acts of rape (26 YTD in 2012, 30 in 2013).

You can check out the whole breakdown of the report here.

In the immortal words of Ice Cube's Doughboy: Either they don't know, don't show or don't care about what's going on with circus elephants in the Tupelo, Miss. 'hood.

The Associated Press reports that a Ringling Bros. and Barnum & Bailey Circus elephant was hit by a bullet in an apparent drive-by shooting in Tupelo. Circus spokeswoman Melinda Hartline says the elephant, named Carol, was not seriously hurt and that no other animals were harmed.

Tupelo Police Chief Tony Carleton said a vehicle drove past the arena about 2 a.m. and fired into the area, AP reported.

People for the Ethical Treatment of Animals has offered a $5,000 reward for information leading to an arrest. Former U.S. Rep. Travis Childers also offered a $250 reward.

http://jacksonfreepress.com/users/photos/2013/apr/09/11413/

[From Jackson Director of Communications Chris Mims]

Jackson Mayor Harvey Johnson, Jr. announced this morning that the Jackson Police Department Family is having a candlelight vigil on the steps of Jackson Police Department Headquarters, Thursday evening at 6 p.m. for fallen officer Eric T. Smith. The vigil will celebrate the life of Detective Smith and his eighteen years of service to the Jackson Police Department and the citizens of Jackson.

“We ask you to continue to keep the Smith family, his friends and the Jackson Police Department lifted in prayer,” said Police Chief Rebecca Coleman.

The Smith Family asks that in lieu of flowers, donations may be sent to The Eric T. Smith Charity Fund that has been set up through Trustmark National Bank. Citizens may also make donations to the Jackson Police Department’s Youth Police Athletic League (PAL), through the Jackson Police Foundation Inc., Post Office Box 80, Jackson, MS 39205, noting: In Memory of Eric Smith for Youth Police Athletic League. The PAL program is a youth crime prevention program that relies on education, athletic and other recreational activities creating bonds between police officers and the youth in our community. The PAL Program is available for children from ages 6 to 15 years of age.

A criminal investigation is being conducted by the Mississippi Bureau of Investigations. Additionally, an Internal Investigation is being conducted by the Internal Affairs Division to into any policy or procedural violations. Both investigations are progressing.

“We realize that there are questions relating to details surrounding this tragic incident. However, at this point both investigations have not concluded,” said Mayor Johnson. “We will be prepared to share as much information as possible once the investigations are complete. A news conference will be called and officials will be made available to answer questions early next week.”

Funeral Services for Detective Eric Smith will be held, Saturday, April 13, 2013 at 11 a.m. at the Athletic Assembly Center located at Jackson State University.

“In the remaining days before the interment we ask for the media’s cooperation in allowing Detective Smith’s family, his law enforcement family and citizens of Jackson time to mourn his death and celebrate his life,” said Mayor Johnson.

Jackson residents are invited to take part in a second telephone town-hall meeting with Jackson Mayor Harvey Johnson.