Jackson Free Press

The 5th U.S. Circuit Court of Appeals has dismissed the Google lawsuit against Attorney General Jim Hood.

The 5th Circuit struck down a lower court's injunction that prevented Attorney General Jim Hood from enforcing the administrative subpoena or bringing any civil or criminal action against Google “for making accessible third-party content to internet users.” The 5th Circuit said that Google's case against Hood should be remanded to the lower court and dismissed as well as the preliminary injunction removed.

The Court did not rule on the merits of Hood's subpoena, which sought "sought information on Google’s platforms, advertising practices, and knowledge of and efforts to police 'dangerous' or 'illegal' content such as prescription or illicit drug sales, drug abuse, credit card leaks, fraudulent identification documents, human trafficking, and copyright infringement."

AG Hood will hold a press conference today at 1:30 p.m. to discuss the lawsuit.

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.

http://jacksonfreepress.com/users/photos/2014/dec/24/19846/

The Animal Rescue Fund of Mississippi is making a desperate plea for donations.

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 state admitted that it has not met court-order requirements in a 7-year-old lawsuit, Olivia Y v. Bryant, intended to change the state's foster care system. Gov. Bryant has agreed to hire an Executive Director of the Department of Family and Children's Services, which will soon become a cabinet-level position. Additionally, a group will be hired to consult with the state over the next four months and recommend changes necessary to protect Mississippi children going forward. Bryant has also agreed to call a special session of the legislature if the recommendations require legislative changes.

The press release from A Better Childhood, an advocacy organization that works on behalf of abused and neglected children, has been re-printed below in full:

Facing an evidentiary hearing for contempt scheduled to begin in federal court on August 10, the state has conceded that it has not met court-ordered requirements in the 7-year-old lawsuit, Olivia Y v. Bryant, intended to reform the state’s foster care system.

In an Agreed Order submitted to Judge Tom Lee on July 21, the state agreed with factual charges made against it in reports submitted by the court-appointed monitor. In the Order, the parties also agreed on steps that will determine whether the plaintiffs will continue to seek a receivership, this time based on specific recommendations from a neutral consulting group, or whether the state can and will make the changes necessary to finally reform the Mississippi foster care system.

The plaintiffs in the lawsuit, who are all of the children in foster care in the state, had asked the court to find the state in contempt of the court orders for reform, and to appoint a receiver to take over the administration of the state’s foster care system. The state’s admission of non-compliance resolves the first part of the contempt motion. The order submitted to the court today directs the employment of an expert group to make recommendations to achieve compliance, and leaves open the question whether a receiver will be required to administer the state’s foster care system.

The lawsuit was filed in 2004, asserting widespread violations of children’s constitutional rights in the foster care system. Although the case was settled in 2008, the state has never been in compliance with the terms of the settlement.

This is the second contempt motion filed in the case. After the first motion, a new settlement agreement was approved by the Court, but failed to produce necessary results.

“It was clear to us, given the state’s history in implementing these court orders, that the state simply lacks the capacity or the will to run a child welfare system that protects the children of Mississippi,” said Marcia Robinson Lowry, executive director of A Better Childhood, a national advocacy organization that works on behalf of abused and neglected children. “We have asked the federal court to appoint a receiver to take over the system. However, we think the appointment of a well-qualified expert group to make specific recommendations is an important step …

The Jacksonville Jaguars are adding former star wide receiver Jimmy Smith as the sixth member of its ring of honor, Pride of the Jaguars.

The five other honorees in Pride of the Jaguars are former owners Wayne and Delores Weaver, the franchise's first-draft-pick offensive tackle Tony Boselli, running back Fred Jackson and quarterback Mark Brunell.

Smith retired suddenly in May 2006, but the former wide out’s legal troubles, which include drug and weapons charges, made it hard for the team to recognize him.

Early in his career, Smith was the perfect example of a player who overachieved and overcame adversity nearly every step of the way.

At Callaway High School in Jackson, Miss., he was a standout receiver who didn’t get any looks from Division I schools. He did get offered a scholarship to Jackson State University and made the most of that opportunity. He finished his time with the Tigers with 110 catches, 2,073 yards and 16 touchdowns. The smooth wide receiver graduated with a degree in business management.

The Dallas Cowboys drafted Smith in the second round with the 36th overall pick in the 1992 NFL Draft. Injuries hindered his play for most of his time in Dallas. In his rookie year, Smith broke his leg and missed all but seven games, and he didn’t record a catch in the entire season.

In his second season with the Cowboys, Smith was expected to become the third wide receiver before he was forced to have an emergency appendectomy in August 1993. He missed the entire season after developing a post-surgery infection that nearly cost him his life.

The Cowboys released Smith in July 1994 when he refused to take a pay cut. He signed with the Philadelphia Eagles but didn’t make their roster.

After being out of football for the entire 1994 season, Smith’s mother sent a folder of his newspaper clippings to then Jacksonville head coach Tom Coughlin. This earned Smith a tryout, and the team signed him in February 1995.

In his first season in Jacksonville, Smith caught 22 passes for 288 yards and three touchdowns. In 1996, he scored 1,244 yards on 83 receptions and seven touchdowns, beginning a streak of seven straight seasons with more than 1,000 receiving yards.

Smith played in all every Jacksonville game from 1995 to 2002 and became one of the top wide receivers in the NFL. In 2003, he only played in 12 games, as he received a four-game suspension for violating the league's substance-abuse policy.

The 2003 season saw Smith fail to reach 1,000 receiving yards. He only caught 54 passes for 805 yards and four touchdowns. He then bounced back in the 2004 season to catch 74 passes for 1,172 yards and six touchdowns.

In his last season in the NFL, Smith garnered 1,073 receiving yards on 70 catches with six touchdowns. His retirement in May 2006 shocked many fans. He denied rumors of facing a …

News of music star Prince’s death rocked the world yesterday, and rightfully so, as an icon of the industry is now gone. Earlier in the day, however, reports were already coming in that former WWE star Chyna, whose real name was Joan Marie Laurer, had died.

Sadly, her death is too often a side of pro wrestling and her sudden exit from the business is still a major part of speculation between fans. Laurer’s went from the top of the wrestling world to working in adult films to posting rambling YouTube videos about vitamins and being a vegan.

At one time, Laurer was one of the biggest stars in the WWE. Then known as the WWF before a lawsuit from the World Wildlife Fund forced the name change. She rose to fame during the “Monday Night Wars” between the WWE and now defunct WCW.

Laurer, from Rochester, N.Y., began her professional wrestling career after working as a model and bodybuilder. She started, as most wrestlers do, on the independent circuit before meeting wrestlers Paul Levesque, better known as Triple H, and Shawn Hickenbottom, better known as Shawn Michaels.

Both Levesque and Hickenbottom were members of a group of wrestlers known backstage as “The Kliq” with Kevin Nash, Scott Hall and Sean Waltman.

Laurer’s trainer, “Killer Kowalski,” also introduced her to the son of WWE owner Vince McMahon. She chose to join the WWE over WCW and, according to Laurer, a chance to join the NWO, whose members included Nash and Hall.

When she joined the WWE, she was paired with Triple H and Michaels when the duo started their stable called D-generation X, but she mainly played the role of Triple H’s bodyguard. Laurer was also billed as the “Ninth Wonder of the World” because Andre the Giant was billed as the “Eighth Wonder of the World.” She stayed with DX after Michaels left the company due to back problems.

During her time with DX, she and Triple H began to have a romantic relationship in their real lives outside the ring. This relationship would later be a factor in her decision to leave the company.

Laurer broke several barriers for women in professional wrestling. She often fought against male wrestlers, and she also scored victories over the likes of Chris Jericho, Triple H, Jeff Jarrett and Kurt Angle, all of whom went on to become world champions.

She became the first woman to compete in the “King of the Ring” Tournament and the “Royal Rumble.” She is also the only woman to win the Intercontinental Championship. Laurer and Triple H split on-screen in 1999, and a year later, the couple separated in real life, with Laurer claiming that he had cheated on her with Stephanie McMahon, Vince’s daughter, before the two officially broke things off.

Triple H went on to later marry Stephanie and has since become an executive in the WWE. Laurer left the WWE in 2001, though both …

Bryant arms the National Guard in response to concerns for soldier safety.

The 8th Annual JFP Chick Ball is raising money to help the Center for Violence Prevention start a rape crisis center.

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."

Jackson area residents can now support one of the city's important nonprofits without a second thought .

The Mississippi Department of Corrections plans to use the former Walnut Grove Correctional Facility site for other purposes, like alternative or re-entry programs, a press release from the department says.

Commissioner Marshall Fisher has mentioned the mental health of inmates as a pressing concern in his department at government working group meetings this month and MDOC has formed a partnership with the Mississippi Department of Mental Health.

“We do not intend for the Walnut Grove site to go unused,” Fisher said in the press release. “Just as we have formed a partnership with the Mississippi Department of Mental Health to assist us in supervising mentally ill inmates both inside and outside prison, we are strongly pursuing other ways to help inmates re-enter their communities in a meaningful way and remain out of prison.”

MDOC is refocusing its resources on rehabilitation, a press release from the department says. There are 3,194 inmates reported to have mental health diagnoses and about 15,000 reporting substance abuse, including drug and alcohol use.

The former prison could be used as a technical violation center, which was created under the comprehensive criminal justice reform legislation in 2014 as an alternative to incarceration. MDOC currently operates three such centers in Rankin, Leflore, and Simpson counties.

Walnut Grove closed late last week when MDOC moved the last prisoners to the state-run facilities. MDOC announced the closure on June 10, before the U.S. Bureau of Prisons announced that it would be phasing out its use of private prisons.

“MDOC’s decision to close Walnut Grove is in no way connected to the U.S. Department of Justice’s decision nor is the closure the result of any advocacy group’s ‘victory’,” Fisher said in the press release. “When the prison closed, significant improvements had been made under Management & Training Corporation, and juvenile offenders were no longer being housed there. We believe enough significant improvements had been made that the consent decree providing oversight was no longer needed.”

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."

On Thursday, Republican and Democratic U.S. representatives introduced the "Supporting Youth Opportunity and Preventing Delinquency Act," in the U.S. House of Representatives. House Bill 5963 would update the Juvenile Justice and Delinquency Prevention Act of 1974, adding new language to encourage states, cities and reservations to utilize evidence-based programs that are "trauma informed" to help address juvenile crime in the country.

The bill lists several evidence-based programs "including delinquency prevention, intervention, mental health, behavioral health and substance abuse treatment, family services, and services for children exposed to violence." The bill would also change the definition of an "adult inmate" so it would not include a person who "at the time of the time of the offense, was younger than the maximum age at which a youth can be held in a juvenile facility under applicable State law."

House Bill 5963 would also require much more data collection on juvenile offenders than is currently required now. It would require the Administrator of the Office of Juvenile Justice and Delinquency Prevention to collect data on state and localities' use of restraint and seclusion, the number of juveniles released from custody and the type of living arrangements to which they were released, the number of juveniles whose offense originated on school grounds and the number of juveniles who are pregnant but in secure detention.

In a press release from the Education and Workforce Committee Democrats, principal author of the bill Rep. Carlos Curbelo (R-FL) said that the purpose of the bill was to help children born into circumstances outside of their control a better path forward.

"These bipartisan reforms will deliver state and local leaders the tools they need to help the most vulnerable kids in their communities put the past behind them and work toward a brighter future," Curbelo said in the press release. "I want to thank Ranking Member (Bobby) Scott (D-VA) for all he has done to move this issue forward and for working together to deliver these bipartisan reforms.”

Mississippi received a $647,461 federal grant aimed at reducing recidivism by addressing untreated co-occurring substance use and mental health disorders in offenders under community supervision.

The Departments of Corrections and Mental Health will partner up to administer the program. The Second Chance Act Reentry Program for Adults with Co-Occurring Substance Use and Mental Disorders will start on Oct. 1 and run for three years.

“Our state is in dire need of programs that can offer ex-offenders a full continuum of integrated care that will improve their functioning and outcomes when they return to their communities,” MDOC Commissioner Marshall Fisher said in a press release. “Therefore, when the Department of Mental Health approached me about supporting its efforts to get this grant, I didn’t hesitate.”

There are 3,194 inmates receiving ongoing mental health treatment and about 15,000 have self-reported abusing alcohol and drugs, a press release from both departments said.

“We believe individuals with co-occurring mental illness and substance use disorders represent a group of people who have been under-identified and may have had difficulties accessing the services they need,” DMH Executive Director Diana Mikula said in a press release. “The Mississippi Second Chance Act Reentry Program will work to identify these needs and get people the services that can help them begin their recovery process.”

The grant allows the two departments to improve identification of inmates with co-occurring substance use and mental health disorders, provide training to staff, integrate individualized treatment plans and track participant outcomes.

The departments will use mental health assessments to determine individuals’ needs and collaborate to develop re-entry plans, including pre- and post-release treatment. Those treatment services will include cognitive-behavioral therapy, crisis intervention, and recovery support services such as housing, vocational, and educational services.

The program will start focusing on non-violent offenders returning to Hinds County. Current plans are to serve 90 individuals during the three-year pilot program in order to develop a program model that can be replicated statewide with the receipt of additional federal grant funding, the press release says. The program will require people under community supervision to participate in a minimum number of intensive outpatient therapeutic hours, based on their individual recidivism risk level.

“Through our collaboration with the Department of Corrections, we know there are a number of eligible individuals right here in Hinds County,” Mikula said in the press release. “We will be collaborating and using existing resources in the state mental health system to get these Mississippians the treatment and support services they need. I know that with all of us working together, we can create a better tomorrow for the people of our state.”

The JFP got more great news Friday night when we learned that we are winning two first-place and one second-place award from the Society of Professional Journalists' southeastern division. Valerie Wells takes first place for feature writing, the Personhood team (this time, including R.L. Nave and Adam Lynch) takes second place for public service, and I won first place for serious commentary. Here is the full press release. Cheers to the team, congratulations to all the winners. We're honored to be in your company:

The State Farm Neighborhood Assist grant will be used to build an off-leash dog park on CARA Property.

Based on the odds of terrorism actually taking place (as calculated by the right-leaning Cato Institute) a blanket ban on immigrants (much less people actually holding a green card or visa waiver) coming into the country tackles a "problem" that presents a very small threat to most Americans.

Good news! The Southern Poverty Law Center just emailed this statement, pasted in its entirety: