Jackson Free Press

The American Family Association has no love for the release of the film "Fifty Shades of Grey” for the upcoming Valentine's Day Weekend.

In a news release today, the Tupelo-based nonprofit threw some shade of its own at the movie, which is based on an E.L. James novel of the same title, calling it sexually graphic and degrading to women.

“Nothing in ‘Fifty Shades of Grey’ builds up society, respects or empowers women or demonstrates healthy relationships,” said AFA President Tim Wildmon in the release. “Rather, the film glorifies abusive relationships and glamorizes abusive tendencies such as stalking, bondage sex, intimidation and isolation."

This sudden gush of concern from the same organization that often disrespects LGBT women (and men) by calling them immoral. AFA also recently said the landmark Roe V. Wade decision, which protects the right of women to have abortion, is tantamount to a "war on women." Reproductive-justice advocates and people possessing a uterus, however, say abortion access empowers women to make decisions about their bodies that can have positive impacts on their lives.

A quick search of the AFA's website turned up no support of, say, equal-pay legislation at either the state or federal level. Also, while the AFA writes frequently on the harms of domestic violence, it's usually in the context of its tirades against the pornography industry and not simply protecting the safety of women.

"A more apt title for the movie would be 'Fifty Shades of Evil,'" Wildmon said in the release. "Without question, this film will have a corrosive effect on cultural views of what normative sexuality ought to be. Healthy relationships seek to safeguard the emotional and physical well-being of another; this film promotes inflicting emotional, physical and psychological harm on another for the sole purpose of self-serving sexual gratification. It is the epitome of elevating abuse, and we call on all theaters to reject promoting such abuse on their screens.”

In the meantime, AFA is supporting a social-media movement, #50DollarsNot50Shades, that encourages potential moviegoers to donate $50 to a local domestic-abuse shelter instead of going to see “Fifty Shades."

So there's that.

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Sadly, it was only a matter of time before it happened here in Mississippi--a black man was killed by a white cop amid mysterious circumstances and officials are trying to keep tensions from simmering.

It happened on late Wednesday night in tiny Stonewall when, according to various media outlets, a 39-year-old black man named Jonathan Sanders had some sort of altercation with a white officer named Kevin Herrington.

Stewart Parrish, an attorney Sanders had once hired to represent him on a case, told Meridian television WTOK that Sanders was riding in a buggy exercising his horses when Herrington stopped Sanders, initiating an altercation that ended in Sanders' death, reportedly by choking.

The exact details are, of course, muddy. Early reports suggested that Herrington used a flashlight to subdue Sanders. Stonewall Police Chief Michael Street denied those reports, but hasn't gone into much detail about the incident that happened between 10:30 and 11 o'clock at night, citing his department's ongoing investigation. The Mississippi Bureau of Investigation is handling the case.

"We just ask that the citizens allow that to take place, not to try to take anything out in the streets. Our door is open," Street told WTOK.

Street's comments are an obvious reference to protests sparked by the deaths of African American men by--often white--police officers in the past year. Sanders' death is hauntingly similar to that of Eric Garner in New York City last summer. Like Garner, Sanders reportedly told Herrington that he couldn't breathe in the moments before he died, Parrish told the media.

The Guardian reported that Chief Street said "Sanders had no active warrants against him and that Harrington did not know who he was when the confrontation took place."

However, that didn't stop Jackson's local daily newspaper, the Clarion-Ledger, from using Sanders' mugshot (most other media outlets chose a picture of the victim warmly smiling with family members or with his horses; see below) and devoted the end of its story to talking about his rap sheet, writing:

"Sanders had crossed paths with authorities before. Circuit Clerk Beth Jordan said Sanders was out on bond from an April arrest for possession of cocaine, and that he had been convicted on charges of sale of cocaine in 2003."

The paper went on to point out: "MDOC Communications Director Grace Fisher said Sanders was given five years to serve with five years probation. He was released on May 23, 2007. Sanders' arrest record also shows arrests dating back to 2001 for disturbance of the family peace, sale of a counterfeit substance, domestic violence, and some traffic violations.

Several dozen commenters took the paper to task. Said one woman in the comments section: "Never fails; the weaponless dead victim is always prosecuted in the media to deflect how they ended up dead at the hands of police. Shame on the Clarion-Ledger."

As for the officer, the C-L made a point of noting that Herrington, according to Chief Street, "has never received any complaints of …

Jennifer Riley-Collins, executive director of the ACLU of Mississippi, made the following statement about Gov. Phil Bryant's signature of HB 49, which would require drug testing for some people receiving federal-state assistance:

Today is a sad day as Governor Bryant signed into law HB 49, thereby subjecting Mississippi's most vulnerable to unnecessary and costly drug testing.

Most recipients of TANF are children. The Mississippi Department of Human Services website states “monthly TANF benefits are made for eligible children and their needy caretaker relatives who do not have enough income or resources to meet their everyday needs.” We should not subject the most vulnerable among us to the false assumption that they (or their caregivers) are drug users. It’s unfair and untrue. The small amount of public assistance goes to provide limited funds to cover basic necessities such as food and shelter for families.

Such a law would cost the state of Mississippi considerably more to implement than it would save. A comprehensive report put out by the U.S. Department of Health and Human Services in 2011 reviewed the estimated costs of implementing various proposed welfare drug testing programs in twelve different states. Not a single one of the legislative cost estimates showed net savings to the state as a result of a proposed drug testing program.

Governor Bryant has stated that he is concerned that “single mothers are not abusing drugs or other substances and try[ing] to maintain a family”. He goes on to justify why “single mothers” are singled out by saying “when someone is taking tax dollars I think we have the right to determine whether or not that individual is abusing a substance”. Almost all of us receive government assistance in one form or another, yet we don’t treat preschoolers, veterans, seniors, or the disabled, to name but a few, as suspected drug users and force them to prove their innocence. We don’t ask anyone else to sacrifice their Fourth Amendment Rights to receive government benefits, public benefit recipients should be treated no differently.

Last week, Mississippi Attorney General Jim Hood was in Geneva, Switzerland representing the U.S. before the United Nations Human Rights Committee.

Hood, the only Democrat holding statewide office in Mississippi, serves as president-elect of the National Association of Attorneys General, and "responded to the committee’s questions concerning the death penalty, domestic violence, human trafficking, corporal punishment, zero tolerance in schools, life without parole for juvenile offenders, and reinstatement of voting rights for felons."

It would be interesting to know exactly what those questions, and Hood's responses, were. Especially considering that just a few weeks ago, Hood requested execution dates for two condemned Mississippi prisoners.

At Hood's request, Charles Ray Crawford and Michelle Byrom are scheduled to be put to death on March 26 and March 27, respectively.

Crawford was convicted of the 1993 killing of a college student named Kristy Ray in Tippah County.

Byrom was convicted of murder-for-hire in 1999 in connection with the death of her husband, Edward Byrom Sr. Even though big questions hang over Byrom's case, whose son wrote several letters confessing to the crime and that his mother did not participate in it, Hood moved ahead with planning her execution anyway.

Through a news statement, Hood said of his trip to human-rights mission to Geneva:

“It was indeed an honor to be one of the attorneys to defend America’s human rights record. ...It was rewarding to clarify many international misconceptions about Mississippi’s civil rights record and that of other states and our federal government.”

Janet Barreto, who once on the U.S. Marshals’ list of most wanted fugitives, died at Central Mississippi Medical Center. She had been incarcerated at Central Mississippi Correctional Facility in Rankin County.

The Mississippi Department of Corrections said Barreto, 43, died shortly after 9 a.m. today of natural causes.

Barreto's death follows that of Kenneth Davis, who was on death row at Mississippi State Penitentiary, convicted of killing an off-duty Jackson police officer in 1989.

Davis died Dec. 15.

MDOC information shows Davis was sentenced to death in March 1991 for fatally shooting Bobby Joe Biggert, who walked into a south Jackson pawn shop when Davis was robbing it. The Mississippi Supreme Court denied an ineffective assistance of counsel challenge from Davis in July 2004.

According to MDOC, Barreto pleaded guilty to six counts of child endangerment, three counts of child abuse, and one count of manslaughter and was sentenced to 25 years in prison earlier this year. Barreto had spent five years on the lam with her husband before marshals caught up with the couple in Oregon in August.

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The winners of the 64th Annual (SPJ) Green Eyeshade Awards were announced this afternoon.

The Jackson Free Press placed in four categories, including garnering first-place honors for commentary (Donna Ladd) and courts & law reporting (R.L. Nave).

The JFP also won a third place award in the public-service category for our team coverage of the 2013 Jackson mayoral election and third place for feature writing.

Here are all the categories where JFP placed:

Public Service in Non-Daily Journalism

1) Birmingham News – Staff, Birmingham Civil Rights Legacy 1963-2013

2) Miami New Times – Tim Elfrink, Biogenesis series

3) Jackson Free Press – R.L. Nave, Donna Ladd, Ronni Mott, Jacob Fuller, Coverage of the 2013 Jackson, Miss., City Election

Serious Commentary- Non-Dailies

1) Jackson Free Press – Donna Ladd, Editor's Notes on Bigotry and Injustice in Mississippi

2) Independent Weekly – Lisa Sorg, "Tit for Tat," "Find your inner peace," "DENR Secretary John Skvarla: snake oil salesman?" "To act or react?"

3) Memphis Flyer – Bruce VanWyngarden, "Letter from the Editor" (five examples from 2013)

Feature Writing- Non-Dailies

1) Orlando Business Journal – Abraham Aboraya, Abe Aboraya feature

2) New Times Broward/Palm Beach – Allie Conti, Lonely Lolita

3) Jackson Free Press – R.L. Nave, Feature Stories by R.L. Nave

Courts & The Law Reporting- Non-Dailies

1) Jackson Free Press – R.L. Nave, Coverage of Politics and Criminal Justice in Jackson, Miss.

2) Independent Weekly – John H. Tucker, Can police prevent domestic violence simply by telling offenders to stop?

3) Press-Register (Alabama Media Group) Mobile, AL – Brendan Kirby, The prosecution (or persecution) of Stephen Nodine: How a suicide became murder

The latest court monitoring report for the Hinds County's Henley-Young Juvenile Justice Center shows "the facility continues to have "major developmental needs in many areas.”

The Southern Poverty Law Center and Disability Rights Mississippi filed a class-action lawsuit in 2011 that alleged Henley-Young's staff members subjected the children to physical and verbal abuse.

Under a March 2012 settlement children entering the facility are to receive mental-health evaluations, counseling, better rehabilitation options, input from family and advocates, and more time outside their cells.

Leonard B. Dixon, a juvenile justice expert appointed to oversee implementation of the agreement, visited the jail from August 18 through August 23. Dixon said in his report that he witnessed staff training that did not align with juvenile-justice standards.

“As I sat in on several parts of the training, I found the majority of the training was aligned with adult corrections,” he wrote. “Although this training may be adequate for adult facilities, in the juvenile system training is required so that staff will have the skills to effectively interact and manage residents.”

Dixon also cited staffing issues and medical and mental health-care services as still needing improvement.

“Even though the facility has hired new staff, the results of attrition still leave the County far short of the needed staff to properly run the facility,” Dixon wrote. This creates pressure for staff members to keep the peace at all costs, and they often “react to minor misbehaviors” by “locking down residents that present potential conduct issues.”

In early September, the Henley Young brought on a new director when Brenda Frelix took over for Dale Knight, who took the post in 2010.

The Mississippi State Supreme Court has denied Attorney General Jim Hood's request for an explanation of their March decision in the case of Michelle Byrom, Tom Freeland of the North Mississippi Commenter reports.

Byrom had been on a death row for participating in the murder of her abusive husband. However, evidence came to light that raised strong doubts about the extent of Byrom's participation in the crime and the state's high court declined to schedule her execution and ordered a new trial with a new judge.

Hood, a former prosecutor and the state's only statewide Democratic official, blew a gasket and demanded that justices explain their rationale.

Not only did justices not bend to Hood's request on the Byrom case, just for good measure they also threw out the death sentence of a man named Roger Lee Gillett and ordered him re-sentenced.

The Associated Press reports: "Gillett was convicted in 2007 in Forrest County on two counts of capital murder for his role in the deaths of a Hattiesburg couple and the transporting of their bodies to Kansas in a freezer. While in custody in Kansas, he attempted to escape. That crime was one of the aggravating factors prosecutors presented jurors to support the death penalty.

"The Supreme Court, in its 6-3 decision Thursday, says not every escape is considered a crime of violence under Kansas law. Therefore, wrote Justice Ann Lamar, the Kansas crime cannot be used to support a death sentence in Mississippi."

U.S. District Judge Henry Wingate has dismissed a federal lawsuit over conditions at Oakley Youth Development Center.

According to a press release, Mississippi Department of Human Services officials credit the ruling with the agency's efforts to "better the conditions for all youth adjudicated delinquent and assigned to Oakley through Mississippi youth courts."

“The Division of Youth Services has worked to improve conditions and education, while ensuring the safety and security of youth at Oakley,” said MDHS Executive Director Richard Berry. “We appreciate the Department of Justice and the federal court’s affirming the progress and advances made for youth in state custody.”

Gov. Phil Bryant also weighed in, through the release, saying: “I want to thank Richard Berry and the Mississippi Department of Human Services for working hard over the last nine years to bring conditions to their current levels at the Oakley Youth Development Center. The diligence of their staff to meet the many compliance issues is apparent, and they have succeeded in improving the center drastically from where it was from almost a decade ago.”

In 2003, the U.S. Department of Justice conducted an investigation of Oakley and the now-closed Columbia Training School in response to three federal lawsuits alleging abuses ranging from staff forcing students to eat their own vomit, to hog-tying students and leaving them naked in dark cells for days at a time. The DOJ successfully sued Mississippi to correct the brutal treatment of inmates and the deplorable conditions of the facilities in 2005, and had worked with the DHS to devise and implement a plan of action.

DHS added: "In 2010 the state had met 51 of those requirements, and an amended agreement was entered into by all parties. Earlier this year the federal monitor assigned to the case found that OYDC had maintained substantial compliance with the 23 remaining provisions for a significant period of time. As a result of that report, DOJ and the State of Mississippi filed to dismiss the suit.

"Numerous changes have occurred at Oakley since 2005. Expansion of medical and dental services, better mental health care, and an updated education program accredited by Mississippi Department of Education are just a few of the programs now successfully operating at facility. Although DYS has had numerous challenges to overcome, the division has accomplished its goal of meeting the requirements of the lawsuit."

Mississippi Attorney General Jim Hood is touting a ruling from the U.S. Supreme Court that he says affirms the rights of state attorneys general to file lawsuits in state court.

Here's the full release from Hood's office:

Jackson, MS – In a case brought by Attorney General Jim Hood, the U.S. Supreme Court today unanimously upheld the right of attorneys general across the country to enforce their state’s laws in state court. The Supreme Court ruled in Mississippi ex rel. Hood v. AU Optronics Corp. that a state attorney general asserting state law claims for damages incurred by its citizens can have that case resolved by its state court, and is not required to be removed to federal court under the Class Action Fairness Act (CAFA).

All nine Justices agreed to reverse the Fifth Circuit Court of Appeals’ ruling that the State’s antitrust and consumer protection enforcement suit could not proceed in Mississippi state court. The Fifth Circuit had encroached on state courts’ rights to hear important public matters by significantly broadening the interpretation of what can constitute a federal “mass action.” Under CAFA, that requires the presence of 100 or more individual “plaintiffs.” The Fifth Circuit had ruled that, despite the State Attorney General being the only plaintiff in the case, the court would treat all Mississippi residents as “plaintiffs” so that CAFA’s 100 person requirement could be considered satisfied, depriving the state courts of the right to interpret their own laws.

Having recognized the important state sovereignty issues at stake, all U.S. Courts of Appeals that had addressed the issue – except the Fifth Circuit – had flatly rejected this analysis. The Supreme Court has now corrected the Fifth Circuit’s error, and Mississippi’s case will properly be returned to Mississippi Chancery Court.

Attorney General Jim Hood stated, " The United States Supreme Court was crystal clear that federal courts have no jurisdiction under the so-called Class Action Fairness Act over actions brought by state Attorneys General for consumer and anti-trust violations. For far too long, large corporations have abused the federal judiciary by trying to drag every action filed by an Attorney General in state court into federal courts. The working people of Mississippi and other states won one this time."

Justice Sonia Sotomayor wrote that an action by an attorney general on behalf of the state’s citizens does not fit within CAFA’s language. The Court held that, because the State of Mississippi, through its attorney general, is the only plaintiff, this suit does not constitute a mass action.

The State sued makers of liquid crystal displays (LCD) in Mississippi state court in January 2011, alleging that these manufacturers had formed an international cartel to restrict competition and boost prices in the LCD market. Several of the defendants in the State’s case pled guilty to charges brought by the U.S. Department of Justice and paid criminal fines to the U.S. Government. The Mississippi Attorney General sued to recover for the economic harm to the State and …

Bill Walker, the former executive director of the Mississippi Department of Marine Resources, and nine other people have been indicted on state and federal charges related to an ongoing investigation into the state agency's spending.

State Auditor Stacey Pickering issued the following statement:

GULFPORT, Miss.- Federal and state grand juries returned indictments this week following a joint investigation into the activities of the Mississippi Department of Marine Resources (“DMR”) and a $3 million grant issued to the City of D’Iberville, announced U.S. Attorney Gregory K. Davis, FBI Special Agent in Charge Daniel McMullen, Mississippi State Auditor Stacey Pickering, Second Circuit District Attorney Joel Smith and Nineteenth Circuit District Attorney Tony Lawrence. The State Auditor’s Office also issued civil demands totaling more than $1 million.

William W. Walker, 68, of Ocean Springs, Scott J. Walker, 34, of Ocean Springs, Sheila Tina Shumate, 52, of Saucier, and Joseph C. Zeigler, Jr., 66, of Gulfport, have been named in a five-count federal indictment, returned on Tuesday, November 5, 2013, charging conspiracy to commit federal program fraud, federal program fraud, conspiracy to commit mail fraud and mail fraud involving DMR and the Mississippi Marine Resources Foundation.

Scott J. Walker is also named in a separate federal indictment along with Michael Janus, age 47, of Biloxi, charging conspiracy to commit program fraud, program fraud, bribery in connection with a federal program and money laundering. The indictment alleges that Walker and Janus caused a false invoice in the amount of $180,000 to be submitted to the City of D’Iberville for payment of consulting services.

A Harrison County grand jury returned indictments this week against Sheila Tina Shumate, Leslie Young Gollott, Susan Perkins, Jere Grant Larsen, Jr. and Kerwin Cuevas for multiple counts of fraud and embezzlement which allegedly occurred during their employment with the Department of Marine Resources.

In addition, the Mississippi State Auditor’s Office issued demands against ten individuals as part of this investigation totaling $1,022,308.55. The individual demands are listed below:

William Walker- $362,689.14 Joseph Ziegler- $258,268.75 Sheila Shumate- $127,608.57 Leslie Gollott- $117,593.10 Susan Perkins- $ 30,959.34 Grant Larson- $1,342.08 Kerwin Cuevas- $108,420.70 Walter Chataginer- $1,279.85 Kerry Endris- $13,020.66 Samantha Hebert- $1,126.36 “The indictments and demands announced today are one step toward restoring the trust of taxpayers, but they do not close the investigation,” State Auditor Stacey Pickering said. “As alleged in the indictments, these men and women abused their positions, stole from the taxpayers of Mississippi, and they will be held accountable for their actions. I appreciate the hard work and cooperation from the local, state and federal agencies involved including our Special Agents, District Attorneys Joel Smith and Tony Lawrence, Gregory Davis, U.S. Attorney for the Southern District, and Daniel McMullen, Special Agent in Charge for the Federal Bureau of Investigation.”

The public is reminded that an indictment is an allegation that a defendant has committed a crime. All defendants are presumed innocent until and unless proven guilty.

The United Nations’ Working Group of Experts on People of African Descent visited Jackson in late January. Read a column by human-rights attorney Adofo Minka on the significance of their work. Here are the group's initial findings:

WASHINGTON D.C. (29 January 2016) - The Working Group of Experts on People of African Descent thanks the Government of United States of America for its invitation to visit the country, from 19-29 January 2016, and for its cooperation. This visit is a follow up to the 2010 visit of the WGEPAD and includes other cities. We thank in particular the Department of State for arranging the visit and the local authorities who met with the Working Group during our visit to Washington D.C., Baltimore, Jackson-Mississippi, Chicago and New York City. We would like to give special thanks to the hundreds of civil society representative organizations, lawyers and individuals from the African American community for sharing their concerns and recommendations with our delegation. We also thank numerous human rights defenders and activists who reached out to us from other parts of the country that we could not visit.

The Working Group regrets that it did not receive access according to the terms of reference for special procedure mandate holders to visit Mississippi State Penitentiary Parchman. It also regrets that it was not possible to meet with all of the high level state and local level authorities requested.

The views expressed in this statement are of a preliminary nature, our findings and recommendations will be presented in our mission report to the United Nations Human Rights Council in September 2016.

During the visit, the Working Group assessed the situation of African Americans and people of African descent and gathered information on the forms of racism, racial discrimination, xenophobia, Afrophobia and related intolerance that they face. We studied the official measures and mechanisms taken to prevent structural racial discrimination and protect victims of racism and hate crimes as well as responses to multiple forms of discrimination. The visit focused on both good practices and challenges faced in realising their human rights.

We welcome the work of the Civil Rights centers, in all Government departments, and the Equal Employment Opportunities Commission that implement the Civil Rights legislation through investigation of complaints, litigation, issuance of guidance and remedies including compensation.

We also acknowledge the work of the Department of Justice Civil Rights Division regarding access to justice, investigations of excessive use of force by the police and patterns of discrimination.

We welcome the recent steps taken by the Government to reform the criminal justice system and combat racial discrimination and disparities through the following initiatives:

• The Fair Sentencing Act.
• The Justice Department's "Smart on Crime" initiative.
• The report and recommendations of the Task Force on 21st Century Policing to strengthen community-police relationships across the country.
• The new Guidance for Federal Law Enforcement Agencies Regarding the Use of Race, Ethnicity, Gender, National Origin, Religion, Sexual Orientation, Or Gender Identity
• The Guidance for consideration …

Today, University of Mississippi Chancellor Dan Jones released the following recommendations regarding diversity and inclusion:

Action Plan on Consultant Reports and Update on the Work of the Sensitivity and

Respect Committee

To: All Who Love The University of Mississippi

From: Dan Jones, Chancellor

Aug. 1, 2014

In the summer of 2013, an expanded Sensitivity and Respect (S&R) Committee

completed its review of the university’s environment on race and related issues.

Following the committee’s report, two consultants with relevant experience at major

universities were assigned separate but complementary tasks. One was charged with

evaluating the University of Mississippi’s organizational structure related to diversity and

inclusion, and the other explored issues the committee raised concerning building names

and symbols. (Both consultant reports are attached.)

We are grateful for the good work of the S&R Committee and our independent advisors.

Consultants Ed Ayers and Christy Coleman have been leaders in Richmond, VA, in

establishing a more balanced view of history for that community, where symbolism has

been a prominent topic. Their recommendations encourage us to broaden the visible

symbols of our history to be more intentionally inclusive. Greg Vincent offers insight

about our organizational structure out of his own experience reorganizing the approach at

the University of Texas, where they adopted several time-tested practices implemented at

other flagship universities, including creation of a new senior level leadership position

with a focus on diversity.

Both of these reports are candid in suggesting that more can be done here to improve our

environment for diversity and inclusion. Both also note the good work and positive spirit

for continued progress in our university. Our success in improving diversity within our

faculty and student body has been dramatic, but we can do more. And despite negative

publicity related to recent bias-related incidents, it is good news that the number of

minority applicants to the university continues to increase each year. In addition, the

improvement in diversity within our faculty has been extraordinary, placing us among the

top three flagship universities in the nation in percentage of African American faculty

members. Still, we can and will do more.

It is my hope that the action plan outlined here – reflecting the hard work of the S&R

Committee and our consultants – will prove valuable in making us a stronger and

healthier university, bringing us closer to our goal of being a warm and welcoming place

for every person every day, regardless of race, religious preference, country of origin,

ability, ethnicity, gender, sexual orientation, or gender expression. We know that the

issues discussed here are associated with many evolving attitudes and opinions. There

were and will continue to be differences of opinion among us. But I am encouraged that

while our discussions over recent months were frank, even tough, they also were civil and 2