Jackson Free Press

The U.S. Southern District Court issued an opinion and order this evening denying attempts to dismiss the lawsuit filed by five voters who allege that the Mississippi House of Representatives "intentionally discarding their ballots to change the outcome of the election," the order states.

In the order, United States District Judge Carlton Reeves wrote that the State of Mississippi's three attempts to dismiss the case, citing the intention behind the disqualification of the votes of plaintiffs Billie Faye Keyes, Joshua Allen, Courtney Rena Fortune, Karli Ford Matthews and Shelton S. Matthews.

"Taking these allegations as true, as the Court must at this stage, they state a claim that defendants intentionally treated plaintiffs differently from others voting by affidavit ballot, and there was no rational basis for the disparate treatment beyond an impermissible desire to alter the outcome of the election," Reeves' order states.

The late 2015 District 79 race between incumbent Representative Blaine Eaton, D-Taylorsville, and challenger Mark Tullos. The race ended in a tie, one that was broken through the implementation of an antiquated state law that demanded the two draw straws, which they did in a ceremony Nov. 20, 2015 in front of the governor and other state officials, and Eaton emerged victorious.

Tulles challenged the results, and a majority-Republican special committee was convened.

The Jackson Free Press reported the decision of the committee, to throw out some votes, ending the tie and handing the seat to Tullos.

"The House relied on the special election committee's report and testimony from Baker that five of the affidavit ballots should have been disqualified because voters violated a part of Mississippi law that requires voters to notify their county clerk if they move more than 30 days before an election," the JFP reported. "After two days of testimony from "five or six" witnesses, the House special election committee voted 4-1 to disqualify five of the affidavit ballots counted in the District 79 race, which was decided in November by drawing straws, as state law requires. By disqualifying five votes, the race was not technically a tie because, Baker said, even if the remaining four votes were for Eaton, Mark Tullos, the Republican challenger, would have won by one vote."

Reeves, as expressed in his opinion, disagrees. The judge instructed both sides to move forward with the trial, beginning with contacting the magistrate judge to coordinate the next stage.

The City of Jackson released the following statement, verbatim:

City of Jackson’s Statement on Recent Ruling to Allow the West Rankin Utility Authority to Construct a Wastewater Treatment Plant in Rankin County

The City of Jackson is disappointed that the Rankin County Chancery Court agreed with the decision of the Mississippi Environmental Permit Board to grant the West Rankin Utility Authority an NPDES permit that will allow construction of a wastewater treatment plant in Rankin County. The Court’s decision last week ignored significant errors of law that should prevent the issuance of this NPDES permit. The West Rankin Utility Authority currently has cost-effective wastewater treatment provided by the City of Jackson’s Savanna Street Wastewater Treatment Plant. The City believes that the construction of a new wastewater treatment plant that discharges into the Pearl River is an unnecessary expense to all of its Savanna Street customers in Rankin, Hinds, and Madison Counties that will degrade the water quality of the Pearl River.

The City has 30 days within which to file an appeal of this decision to the Mississippi Supreme Court. The City is weighing this option as well as other options to increase its customer base as a result of any lost customers of the West Rankin Utility Authority. The City will also be reassessing its plans for upgrading the Savanna Street Wastewater Treatment Plant under the Consent Decree to identify areas of savings that may be available as a result of any loss in some West Rankin Utility Authority customers. Finally, the City will continue to be open to any new, mutually advantageous relationship with the West Rankin Utility Authority that will maximize the existing treatment capacity at the Savanna Street Wastewater Treatment Plant and maintain the existing low cost of treatment, while planning for the future.

The following was sent to the Jackson Free Press in the form of a press release this morning, reprinted here verbatim: Virgi Lindsay to Run for Jackson City Council Ward 7

Expert in Neighborhood Revitalization Knows the Formula for Success

[Jackson, MS] Virgi Lindsay, a community leader and expert in neighborhood revitalization is running for Jackson City Council Ward 7. After filing her official statement of candidacy today, Ms. Lindsay remarked.

“I love Jackson and have spent decades working to make it safer, cleaner and a more vibrant place to live and work. Now I want to use this experience to help all the neighborhoods in Ward 7.”

Virgi has spent 15 years directing the Greater Belhaven Foundation, one of Jackson’s most successful improvement groups. She understands how the city operates. Under her leadership property values improved and new businesses brought more jobs to the city.

Virgi’s accomplishments led to Greater Belhaven’s designation as one of America’s Top Ten Neighborhoods in 2014. Experts in Mississippi neighborhood and downtown revitalization chose her as statewide Main Street Director of the Year in 2015.

Virgi Lindsay’s skillset extends beyond her successes in urban and community development.

Before managing the Greater Belhaven Foundation, Mrs. Lindsay was a reporter for the Clarion-Ledger. She later served as Public Relations Director for the Jackson Public Schools and Communications Director for the Mississippi Arts Commission. This combination of experiences make Virgi Lindsay uniquely qualified to represent Ward 7.

Mrs. Lindsay has identified four areas of focus. She considers them all critical and of equal importance in making Jackson better. They are: • Repair our streets, water lines and other infrastructure • Make Jackson safer • Restore leadership in Jackson Public Schools • Improve and protect housing for all

Mrs. Lindsay has begun an extensive series of meetings all across Ward 7. She explains her intentions “There are shared issues that unite Ward 7 –for example we all have concerns about streets, water, sewer and drainage. But I also have tremendous respect for the uniqueness of every neighborhood in Ward 7 and the people who call it home. I know that in every neighborhood there are champions who are working to protect and improve their community.

These are the dedicated residents who are willing to do the hard work to make things better. I already know some of these leaders, but I want to know them all, and work alongside them to make things better. I want to partner with our neighborhoods and use my experience in community development to help them succeed.”

Virgi Lindsay has lived in Ward 7 for 32 years. She and her husband Chuck have two grown children, Chaz and Mary- Michael. The family has attended St. Richards Catholic Church for 34 years. Virgi currently serves on the Board of Directors for the Jackson Zoo and New Stage Theatre.

The City Council's agenda for their regular meeting tonight, Dec. 13, at 6 p.m. in City Hall includes a possible settlement with the former executive assistant to Mayor Tony Yarber, Kimberly Bracey, alleging the mayor of sexual harassment, sexual discrimination and a hostile workplace.

Bracey alleged in a lawsuit filed on Aug. 25 of this year that she began to work with the mayor i 2014, and while she worked for him, the complaint states, he and she began a sexual relationship which she ended when she and her husband reconciled in 2014.

Bracey alleges that Yarber then forced her to continue their sexual relationship "by making it clear that she could be terminated if she did not have sex with him." Yarber, she alleges, also asked her "to encourage another female to give Defendant Yarber oral sex in exchange for guaranteed employment." She also heard him say inappropriate sexual remarks about other women, the complaint states.

The mayor released a statement concerning the lawsuit soon afterward.

"The City of Jackson has been made aware of a vicious and scandalous lawsuit filed by a former disgruntled employee, Kimberly Y. Vaunterice Bracey," the mayor's statement said. "Although the City has not been served with a copy of the complaint and summons, Mayor Tony T. Yarber and the City of Jackson stand ready to vigorously defend against each and every frivolous allegation made by Kimberly Y. Vaunterice Bracey."

The item on the council's agenda seems to indicate that the lawsuit will not go to trial. The details of that settlement would usually be included in the council's agenda packet, but the packet, filled with information that the public is supposed to be able to read before the council meets, has not been uploaded to the city's website yet.

VERBATIM:Attorney General Jim Hood announced today that a Jackson man was arrested Friday for bribery of a public official and conspiracy following a joint investigation by the Attorney General’s Office and the FBI.

Robert Henderson, 44, is accused of offering a former Hinds County assistant district attorney $500 in exchange for dismissal of charges against three criminal defendants. Henderson is charged with one count of bribery of a public official and one count of conspiracy to bribe a public official. Henderson was booked into the Hinds County Jail. Hinds County Justice Court Judge Frank Sutton set Henderson's bond at $5,000 for bribery of a public official and $5,000 for conspiracy for a total of $10,000.

Henderson is alleged to have offered the bribe to then-Hinds County Assistant DA Ivon Johnson on or about June 15 of this year. Henderson is accused of seeking Johnson’s assistance in having cases dismissed involving three criminal defendants.

As with all cases, a charge is merely an accusation, and a defendant is presumed innocent unless and until proven guilty beyond a reasonable doubt in a court of law.

JACKSON, Miss. – The landmark settlement of a federal class action against the City of Jackson, Mississippi, has brought an end to that city’s self-described “pay or stay” system alleged to have sent hundreds of people to jail each year because they could not pay fines and fees in misdemeanor cases.

The City has agreed to give indigent defendants the choice of paying off their fines at the rate of $25 per month or performing community service and receiving credit toward their unpaid fines at the rate of $9 per hour.

In addition, Jackson no longer will require people arrested for misdemeanors to post a money bond in order to avoid pre-trial detention. Rather than releasing only those people who can afford to pay a bond and detaining those people who – although presumptively innocent – are too poor to pay their way out of jail, the city will release all people arrested for misdemeanors upon their written promise to appear in court on a specified date for a trial or other hearing. As an alternative to money bond, the city’s judges will have the option to place non-monetary pre-trial conditions on people arrested for misdemeanor offenses. For example, a judge might order a person accused of shoplifting to stay away from the location of the alleged misdemeanor until after the resolution of that person’s case.

The agreement is part of a settlement reached in the lawsuit filed by Equal Justice Under Law, a non-profit civil rights organization in Washington, D.C., and the Roderick and Solange MacArthur Justice Center at the University of Mississippi School of Law. The case was filed on behalf of seven Jackson residents who were ordered to jail by Jackson municipal judges for periods ranging from 26-90 days due to their inability to pay court debts imposed in misdemeanor cases.

The lawsuit challenged Jackson’s practice of sending impoverished people to jail when they failed to pay their court debts without regard for whether they actually had the financial ability to pay. Persons sent to jail under this system received credit toward their unpaid debts at a rate of $25 per day of incarceration at the Hinds County Jail, or $58 per day if they participated in the mandatory work program at the Hinds County Penal Farm.

As a result of this practice, some people spent several months in jail while working off their debts.

The lawsuit alleged that this practice was carried out for more than a decade and resulted in the incarceration of hundreds of indigent defendants each year.

U.S. District Judge Tom S. Lee of the Southern District of Mississippi entered a declaratory judgment in Bell v. City of Jackson setting forth the limitations on incarcerating defendants for failure to pay fines. The judgment states: “It violates the Constitution to incarcerate an individual, either before or after trial, solely because an individual does not have the ability to make a monetary payment…. Based upon this constitutional principle, no individual may be held in jail …