The Justice Department investigated the Hinds County detention facilities and issued a report last month that sharply criticized the county over its treatment of inmates. The media picked up the report and ran with it as they had themselves a story. Nothing like the thought of a Mississippi Sheriff mistreating inmates to get a headline. However, there is always a "rest of the story". The Rest of the story in this case is the sister of the U.S. Attorney was fired by Hinds County Sheriff Tyrone Lewis and currently has an active lawsuit related to her firing in Hinds County Circuit Court. Earlier post with copy of Justice Department report.
U.S. Attorney for the Southern District of Mississippi Greg Davis stated in a Justice Department press release accompanying the report on May 21:
“The Hinds County detention facilities have an obligation to provide conditions of confinement that do not offend the Constitution,” said U.S. Attorney Gregory K. Davis of the Southern District of Mississippi. “This office will work with the Civil Rights Division of the Department of Justice to address and remedy the violations revealed by the investigation.”However, Mr. Davis's sister was fired by Sheriff Lewis two years ago in July 2013. Karen Smith, the sister of the U.S. Attorney, worked in the Warrants Division of the HCSO as an administrative assistant. The Mississippi Department of Employment Security denied her unemployment benefits based upon information received from the Hinds County Sheriff's Office. Ms. Smith filed a lawsuit against MDES in January 2014.* The MDES brief quotes the Administrative Law Judge's findings:
(Smith) went to the medical department to personally check on an inmate due to the concern for his welfare. Claimant spoke to the inmate without proper authorization.
The chief deputy provided first-hand testimony that he was on a three-way call with the inmate's mother and listened to the claimant allow the inmate to use her cell phone to call his mother. Claimant was giving them legal advice to use the HCSO.
The claimant was not a police officer. She is an administrative assistant, and should not have been in the medical area. The employer provided a witness who works in the medical area who testified claimant was in medical area and checked on inmate. Also, no one is to allow an inmate to use their cellphone. She violated the breach of integrity policy and was terminated on July 24, 2013.
Ms. Smith disputes these findings and argues the inmate did not use her cellphone and that the Sheriff's office never established that it was indeed her cellphone. She also claimed that she went to the area to get her blood pressure checked by medical personnel. HCSO sources said employees are supposed to use the services offered by their personal physicians as covered by insurance instead of using medical services meant for inmates.
Ms. Smith is also a supporter of Hinds County Sheriff candidate Victor Mason as seen in these campaign photos:
*The last filing in the case was December 2014. Attorney Lisa Ross represents Ms. Smith. The case was assigned to Circuit Judge Jeff Weill but Ms. Smith filed a motion to recuse in December as the Sheriff endorsed the Judge in his recent campaign for re-election. (Kingfish note: It is hard to see how any Hinds County circuit judge can hear this case considering the Sheriff sparred with them in the Mississippi Supreme Court over the bailiffs issue. Judge Gowan wrote a brief defending Judge Green and adverse to the Sheriff. Judge Kidd sided with Judge Green as well.)
Kingfish note: Those were the facts, now for the opinion. U.S. Attorney Greg Davis should have recused himself from the Justice Department investigation and damn sure should not have made a statement used in a press release. There is a little snippet of language in the code of ethics about appearances of conflicts of interest or impropriety. Staying involved with an investigation into the administration that fired his sister and is involved in a lawsuit casts a certain appearance that should be avoided by the U.S. Attorney.
It should be noted that although Ms. Smith is a supporter of one of the Sheriff's opponents, the story is about the U.S. Attorney and what he did or didn't do, not the campaign or his opponent. Ms. Smith appeared in some campaign photos but there is no evidence suggesting anything about that particular campaign. It was the U.S. Attorney who didn't recuse himself from this matter. It is the U.S. Attorney who must answer the question: Was he using his office to help his sister? Why didn't he disassociate himself from the investigation?
28 comments:
If this was Sweeps Week KF you'd be running the table!
There is a good one going up tomorrow.
Time WAS, a legitimate U.S. Attorney General would have either known this or would shit can the investigation based on this fact. Unless you're saying the firing came as retaliation, after the report. In either event, the investigating attorney would have had a conflict of interest and would not have been assigned to the case. But, I'm talking 'Time Was'.
Clearly screams of impropriety. But the portion of the code of ethics to which I believe you refer is technically silent on relationships with siblings for matters like these. http://www.justice.gov/jmd/conflicts. (Sorry, I'm old, I don't html). Should be close enough to have the matter investigated if he didn't get it cleared beforehand.
Sheriff Lewis has your support maybe?
You cant be serious. If youre suggesting the jd report has less credibility because the USA's sister was fired then please explain the other reports that say the jail is horrible. The JD report simply says what the earlier reports say. Neither incident was retaliation (the firing or the report. Nice try though. Whether you believe it was retaliation of some sort or not everything in that report is true and has been documented elsewhere multiple times by independent sources. People like 1:36 who only get their news from this site will believe whatever you tell them and don't care to be informed. Others know better.
Davis had NOTHING to do with the DOJ Investigation. NOTHING. This was handled out of DC. Literally nothing to see here.
what a feeble attempt to rehabilitate Tyrone's tenure. To suggest that a sitting U.S. Attorney would fabricate a critical report to retaliate for his sister losing [justly it sounds] a second rate job is beyond ludicrous. As a previous poster queried, does anyone think anything in that report is not factual? We have seen video of the inside of that jail and seen funerals for people killed in that jail. That jail is worse than a zoo and, to give Tyrone some credit, has been for a long time prior to his term of office; but the crap has hit the fan on his watch. Despite attempts by the BOS and Judge Green to find some solutions, Tyrone has done nothing effective other than whine that he needs money or a new jail when neither is available. I have speculated to others that eventually the Justice Department would intervene and it has. Tyrone is going to lose all authority over the jails when a federal overseer is appointed and given the Hinds County checkbook to fix the problems without local political interference.
This really should have been a paid ad KF.
Then why are you here @3:40 PM?
The Sheriff and main challenger are both big boys and don't need my help. I've published every report on the jail and almost, if not, all stories on escapes. There has been no sugar coating over here. You've even gotten straight video and pictures of the jail as well. Try again.
So Greg Davis got the USDOJ Civil Rights Division to come down from D.C. to investigate Hinds County jails to avenge his sister, one of hundreds fired by Tyrone Lewis since he became sheriff?
That's the "rest of the story"????
Meanwhile, you ignored the Raymond jail riot last week where two deputies got shanked in the head and neck.
And I haven't seen anything on this blog about Tyrone's hilarious Guns for Gas fiasco.
When Tyrone Lewis's next riot/escape/turkeyleg/excuse gets in the news later this week, will you have something to say about it?
Are you planning to comment on the MILLIONS AND MILLIONS of dollars the coming federal jail consent decree will cost Hinds County taxpayers?
The sheriff never address the real issue(s). He constantly deflects, skirts the issues, points the finger at others, or simply denies a problem even exists! People stop allowing this man to treat us like mindless dolts! He needs to be held accountable for the problems which are evident at the Raymond Facility. Lawsuit or not! Firing or not! Mother, brother, sister, cousin who cares? The problems still exist. And that my friends is the bottom line!!!
Because Stone Cold said so!!!!!
KF needs to get his nose out of Tyrone's crack.
"Ms. Smith disputes these findings and argues the inmate did not use her cellphone and that the Sheriff's office never established that it was indeed her cellphone. "
Uh, if this was two years ago (or more) has anyone subpoenaed her phone records to establish this easily confirmable or refutable statement of fact? If not, why the delay?
VOTE FOR VICTOR MASON🙋🏾🙋🏾🙋🏾.
CLUTCH😂😂😂😂
You people don't understand. It's not a matter of the report being inaccurate. It's a matter of the appearance of impropriety. Or don't you understand the concept? In a loosely woven correlation, it's like the judge who would sentence the man who killed the judge's wife. See how that works? Not a question of guilt, but of impropriety.
And prayers for the fellow (above) who believes 'a sitting US Attorney would not fabricate' something. My Gawd! The man's a lawyer. And an Obama appointee. How ridiculous to suggest impropriety on his part.
Sheriff Tyrone Lewis, you and your spokesperson Mr Cain just lost the intelligent vote of the voters of Hinds County with this story. Anyone with common sense is aware that the US Attorney has nothing to do with the jail investigation!!! Are you saying Sheriff Lewis there is no issues at the Jail and no investigation is needed? You well know the voters who did not come out the last election will come out in droves to unseat you and your incompetent administration.
Sheriff you and your administration are out of control, huddle up and come up with another plan! I suggest have a fish fry.
It's evident at least one of you should either learn how to use a dictionary or contact an attorney. . .can you say "libel" and/or "slander"!
Sheriff Tyrone Lewis, you and your spokesperson Mr Cain just lost the intelligent vote of the voters of Hinds County with this story.
So, he lost, what, less than 5% of the potential electorate?
Your outrage about turnout "droves" is laughable.
Wow, this is a stretch. KF has been towing the line for the sheriff for four years but you've finally been pulled overboard with this one. You lose credibility with this tin foil tale. Don't have anything else to add that the earlier posters haven't said.
To the blogger above who seems more concerned with whom investigated what rather than the results of that investigation, you know the real issue. . .you might want to contact one of those people whom you seem to have so little trust in attorneys, or at the very least pick up a dictionary once in a while - before you make comments about someone's character - "libel" and/or "slander"!
After reading this story I suggest that on August 4 the people of Hinds County fire Othor Cain and Tyrone Lewis.
Want to push a candidate and post their website? Buy an ad. Not fair to Victor Mason and Tyrone Lewis.
My mistake KF, I thought this was a news site, not pay per view. Since you mentioned Lewis, and his alleged "biggest competition" Mason (laughable), I just thought you might want to mention the others in the race. You see, there is lies the problem, I thought this was a legitimate news source. I can't wait to mention to several other campaigns in the area that you'll write a story on them if they buy an add. Another lingering question is, which candidate bought this story?
This is a non story.
Or, it really is a story and then KF has to re-examine every opinion he has had about Judge Weill...
to the point of ad nausem...Festus and his team are at it again.
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