Jackson Free Press

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.”

I received this stunning letter a couple days ago from a (white, I think) man in Pearl, presumably in response to my recent column about the abominable Mississippi state flag. I post it now without comment but will be back along with some thoughts later. Here it is, verbatim:

Please permit me to submit the following letter to Jackson Free Press:

Some of us have heard the question "What happens when an unstoppable force hits an immovable object?" The puzzle might seem a bit superficial until one notices we have a similar problem concerning our state flag.

I think the JFP has well demonstrated that the Confederate emblem on the Mississippi flag continues to cause hurtful memories to blacks who have endured the horrors of segregation and the Civil Rights era.

So why would so many Mississippians continue to resist changing such a hated symbol of our state's dark past? Ignorance? Bigotry? Could there still be some unspoken reason why many white southerners insist on keeping our flag in its current form?

Hey. We want progress. So let's just go ahead and bring it out in the open.

Just as the current Confederate emblem causes hurtful memories to our state's blacks, the absence of the symbol would cause hurtful memories to many white southerners. And I do not mean just segregationists.

To many whites, the erasure of the Confederate emblem would be an unreciprocated nod to the kind of blacks who attempted, and in some cases, DID seize control of Jackson's schools by force, who pulled knives on white students and threatened them with violence, who stole my brother's school books and urged him to steal from my parents to get money to get his books back.

The erasure would be seen as a nod to "gangsta rap" stars who record songs saturated with sexualized slang and glorify abusing women. It would be seen as a nod to people who have petitioned the NBA to declassify the use of the "MF" word as a technical foul because it is part of "black culture."

To be blunt, there are some facets of "black culture" many of us do not want in Mississippi culture. THAT is what some Mississippi southerners are afraid of.

Though voters decided by referendum to keep our current flag, one can argue that we must have a system in place to protect people from a tyranny of the majority. But there is a bit of a corollary to that here.

If Mississippi blacks are a minority, there is a tiny minority to THAT minority. There are some blacks who want to keep our current flag. Some support groups like the Sons of Confederate Veterans because they are proud to be the descendants of black soldiers who fought for the CSA. Should not their rights be considered too?

But my position is not based entirely on fairness. Perhaps we should lose the current flag.

But that is not going to happen until we have answered the …

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 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 state Department of Health has withheld nearly $600,000 from domestic-violence shelters over the past two years.

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

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

OK, Snark King, it's your turn.

I've had it in the back of my head to blog about a really offensive post by The Clarion-Ledger's city reporter Brian Eason for weeks now, but it had fallen to the side in the need to report actual news. But while cleaning up my desk today, I started noticing a pattern—first from a clipping of another snarky thing he wrote calling a whole city office stupid, and then I saw a blog post belittling an enterprise story by our staff this week, but without actually saying what was in it or linking to it. So here's my Friday afternoon round-up of what I've been noticing about Mr. Eason's snark, which I assume is meant to be humor, except none of it is funny.

No. 1. Don't dare compare crime to terrorism, dumb little council candidate. After 20-year-old minister Corinthian Sanders decided to get involved enough to run for City Council, he made the mistake of saying that the "terrorism" of crime was one of his top priorities (as if he's the first to ever say that here). Sanders told the Jackson Free Press: "Let’s talk about getting our lawbreakers, criminals—I call them terrorists….(If) you can’t go anywhere without killing someone or robbing someone or terrorizing someone, that’s terror, (and) you’re a terrorist; you’re a domestic terrorist.” The mention of the word terrorism tickled Eason's funny bone. He snarked:

"To my knowledge, no major terrorist attacks have occurred or been planned on our streets, and the Jackson Police Department reported no terrorist incidents in 2012, according to its published crime stats. But maybe that’s what the terrorists want us to think.

"Lest anyone think Sanders is trying to politicize the Boston Marathon bombing, rest assured, his commitment to fighting terrorism on the streets of Jackson predated the explosions at the marathon.

"But while Sanders listed counter-terrorism as his No. 2 priority, right behind “protect, improve and increase affordable housing,” none of his competitors — or, indeed, any other candidates in the entire metro area — mentioned local terrorism as a problem worthy of their consideration.

Eason's blog post shows he later clarified what Sanders meant, and quoted Sanders' above words from the JFP in an addendum to the snark-post, but that nasty horse was out of Eason's barn by then. That's what you get for running for office in Jackson, Corinthian. The ire of a native Dallasonian. And I really don't know what all his references to monkey videos on your Facebook page were about, and don't care.

No. 2. In a post called "Common sense? Not at clerk's office," Eason showed the entire staff of the Jackson city clerk's office not to mess with him, no sir. He was irked that he couldn't get election results from the clerk's office at 11 a.m. the day after the primary. They didn't have certified results available, yet, and gave him a bit of a runaround. OK, it's fair to …

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

The City of Jackson’s Municipal Court Services will offer its annual Amnesty Program on Thursday, March 21 and Friday, March 22.

This is worth repeating after Tampa Bay proved me wrong on Thursday and beat the Minnesota Vikings. Parity is in full effect in the NFL this season.... There is going to be a team that started slowly and makes the NFL Playoffs. My personal pick is the New Orleans Saints and that pick looks even better if the Saints win against the Broncos on Sunday night.

Take some time and remember our fellow Mississippians who are in danger every day in their own homes.

In its Sunday edition, The New York Times is reporting that New York Attorney General Eric Schneiderman is investigating several private equity firms, including Bain Capital for possibly abusing a tax strategy "in order to slice hundreds of millions of dollars from their tax bills."

The attorney general, Eric T. Schneiderman, has in recent weeks subpoenaed more than a dozen firms seeking documents that would reveal whether they converted certain management fees collected from their investors into fund investments, which are taxed at a far lower rate than ordinary income.

Among the firms to receive subpoenas are Kohlberg Kravis Roberts & Company, TPG Capital, Sun Capital Partners, Apollo Global Management, Silver Lake Partners and Bain Capital, which was founded by Mitt Romney, the Republican nominee for president. Representatives for the firms declined to comment on the inquiry.

Mr. Schneiderman’s investigation will intensify scrutiny of an industry already bruised by the campaign season, as President Obama and the Democrats have sought to depict Mr. Romney through his long career in private equity as a businessman who dismantled companies and laid off workers while amassing a personal fortune estimated at $250 million.

The subpoenas, by a Democrat, went out before a huge document leak recently that raised questions about Bain Capital's practices:

The tax strategy — which is viewed as perfectly legal by some tax experts, aggressive by others and potentially illegal by some — came to light last month when hundreds of pages of Bain’s internal financial documents were made available online. The financial statements show that at least $1 billion in accumulated fees that otherwise would have been taxed as ordinary income for Bain executives had been converted into investments producing capital gains, which are subject to a federal tax of 15 percent, versus a top rate of 35 percent for ordinary income. That means the Bain partners saved more than $200 million in federal income taxes and more than $20 million in Medicare taxes.

The subpoenas, which executives said were issued in July, predated the leak of the Bain documents by several weeks and do not appear to be connected with them. Mr. Schneiderman, who is also co-chairman of a mortgage fraud task force appointed by Mr. Obama, has made cracking down on large-scale tax evasion a priority of his first term.

As a retired partner, Mr. Romney continues to receive profits from Bain Capital and has had investments in some of the funds that documents show used the tax strategy.

Be sure to read the entire article for a succinct explanation about the fees/interest practices of many financial firms. This ends the piece:

The leaked documents show that Bain has in recent years waived management fees in at least eight private equity and other funds, including one formed as early as January 2002. The documents stated that Bain executives had the right to decide either annually or each quarter whether to waive some or all of their management fees; they also had …

This morning the NCAA came down hard on Penn State in an unprecedented action not involving infractions of NCAA rules. Penn State was hit with a four year bowl ban, $60 million fine and a reduction of 10 initial scholarships and 20 scholarships for the next four years. Also 111 wins vacated from 1998 to 2011, basically symbolically ending Joe Paterno's legacy.

While the NCAA didn't give Penn State the death penalty, it did cripple the program for the next 10 to 20 year if not more. Players still eligible can transfer to other schools and play immediately.

The feeding frenzy of coaches trying to lure Penn State players away might show football programs are not even thinking twice about happened to the Nittany Lions today. I doubt that the punishment of Penn State will curb the spending and power of college football.

Even though NCAA president Mark Emmert says the Penn State punishment doesn't open Pandora's Box in college sports. It does raise a serious question of why not.

The NCAA did nothing in 2003 when Baylor basketball player Carlton Dotson murdered teammate Patrick Dennehy. Former Baylor head coach Dave Bliss even conspired to cover up the true facts of Dennehy’s murder. Baylor was punished for NCAA violations but in there was no punishment that was included for the murder of Dennehy. Baylor basketball has bounced back to play in the post season in basketball four times since the NCAA levied penalties on the Bears in 2005.

Should the NCAA go back and punish Baylor (retroactively punishing school is something the NCAA does all the time)?

What about the death of Virginia women’s lacrosse Yeardley Love? In 2010, Love was murdered by her former boyfriend and men’s lacrosse player George Huguely.

Love’s mother, Sharon Love, is suing the state and coaches ignored Huguely's erratic behavior, including two alcohol-related arrests, frequent intoxication and attacks on another female student, a teammate and a Virginia tennis player.

Sharon Love claims the university, head coach Dom Starsia, assistant coach Marc Van Arsdale, and athletic director Craig Littlepage didn’t discipline Huguely for his behavior or get him treatment for anger management and alcohol abuse.

If the claims are true, should Virginia be punished for not protecting Love from Huguely and because of their lack of concern she ended up dead?

In an ongoing investigation, several Montana football players along with another man are accused of gang raping a fellow student. In the Montana case, head coach Robin Pflugrad disciplined several players but didn’t report the incidents to his superiors.

Montana university president Royce Engstrom said in a statement "The University of Montana has determined not to renew the contracts of Athletics Director Jim O'Day and head football coach Robin Pflugrad." Then Engstron thanked both O’Day and Pflugrad for their service as he let them go.

The Department of Justice is investigating the university and campus police, along with the …

It is JFP Chick Ball season in Jackson, and we need your help to fight domestic abuse—this year to start a rape crisis center and raise awareness about sexual assault in our city and state! Here are 10 easy ways you can help.

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:

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

Yesterday was a very good day for the JFP staff, and especially our writers and designers.

Who ARE you, and why would you do such a thing, Rep. Nunnelee, considering you come from state where domestic abuse is such an epidemic?