Jackson Jambalaya

 Update: The home is owned by a Fabian Nelson according to Hinds County landrolls.

750 Parks Road Place sits just outside of Byram in a nice neighborhood. The house has become a major eyesore, however.  The house lacks a roof. The resident clear cut over 100 trees and left nothing but stumps in their place.  The neighbors complain to the county.  The county decides to take action.  Nothing could go wrong, right?   Enter Kenneth Stokes and the lawyer for the homeowner.  Well, here is a preview of a later post.  Stokes, cross-burnings, and picking on someone because he is black.  What could possibly go wrong? See for yourself.

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Special Chancellor Larry Buffington ordered Hinds County to turn over to Jackson Jambalaya a copy of the settlement agreement between the county and Motorola. Hinds County sued Motorola in 2009 for damages. Hinds County claimed Motorola allowed Ridgeland and Madison to "bootleg" off of the radio system.*  The case settled for an undisclosed amount in 2011. It is not known how much money Hinds County or its attorney, Precious Martin, received in the settlement agreement. Attorney Curt Crowley represented Jackson Jambalaya.

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Check out how Afa and Sika played when they appointed replacement supervisors for Districts 2 and 4 to the Hinds County Board of Supervisors in this video.  The two pulled the item from the agenda and moved it up to the beginning of the meeting.  The agenda is posted below.  What you see in the video took place right after the public hearing section on the agenda. All you need to see is the first two minutes of the video.

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This one is well-deserved.

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It was never a good sign on Dallas when Lieutenant Harry McSwain appeared on the scene as it usually meant J.R. have someone threatened or arrested. Hinds County Constable Jerry Moore is quickly acquiring the same reputation as in August he arrested Hinds County Republican Party Chairman Pete Perry.

The Hinds County Election Commission met in August to discuss the redistricting of Election Commissioner districts for the November Election. Supervisor Robert Graham was pressuring the commission to approve them as quickly as possible. Two precincts over 90% black were added to the district while one that was almost evenly divided between blacks and whites was removed.

The arrest warrant stemmed from an incident at a June meeting of the Election Commission. Hinds County resident Ineva May-Pittman addressed the commission (A JJ video of Ms. Pittman is posted below from a meeting of the Board of Supervisors.). At some point an argument ensured between Ms. Pittman and Commissioner Connie Cochran. Mr. Perry was sitting between the two individuals. Ms. Pittman alleged in charges filed against Mr. Perry that he “interrupted her public presentation and that he called her a “bad” word.) Mr. Perry said his warrant stated the charge was "general assault". It is important to note there have been no allegations of physical contact.

Mr. Perry told JJ the August meeting began 45 minutes late. He said shortly after it began, Mr. Graham entered the meeting with Constable Moore in tow. Constable Moore announced he had a warrant for Mr. Perry's arrest. Mr. Perry said the constable would not allow him to finish the meeting but instead took him into custody. Constable Moore promptly took him to Judge Sutton's courtroom where Mr. Perry sat for over 2 1/2 hours until Judge Sutton allowed him to post bail. The meeting was over when Mr. Perry was finally allowed to leave custody.

This is not the first time Mr. Graham or Constable Moore have been accused of abusing the legal process. Attorney Dennis Sweet alleged the constable illegally kicked open the door to a home and took a child from a grandmother in the Vance case in federal court. Hinds County resident alleged Mr. Graham used a Hinds County Deputy to have him removed from the Tougaloo precinct last year on election day even though he was a poll worker.

Mr. Perry reported the incident on my radio show two weeks ago. He discusses it at the end of the show at 41:00.

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Updated with copy of opinion

The Attorney General issued an opinion stating Incumbent Ward 2 Election Commissioner Candidate Bobbie Graves and Ward 5 candidate Blonda Mack can not be on the ballot in November. Ms. Graves submitted her qualifying papers to the chancery clerk the day after the deadline. State law mandates qualifying ends at 5:00 PM on the first Monday in June and the papers must be submitted to the chancery clerk. If she is not placed on the ballot, Josephine Anderson will run unopposed.

While board attorney Crystal Martin suggested at the meeting of the Supervisors cases from Washington and Smith counties suggested "substantial compliance" with the law was the standard, the AG said nope, statutory deadlines mandate "strict compliance" and the two candidates are thus not place on the ballot.

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Hinds County Election Commissioner Jemel Clark, no relation to Roger (see below), addressed the Hinds County Board of Supervisors Monday. R.L. Knave wrote a good account of the meeting at the Jackson Free Press website:

"Jackson's Ward 3 special election is eight days away and the city still doesn't have a contract with Hinds County to run the election. Jermal Clark, chairman of the Hinds County board of Elections Commissioners, told county supervisors that the city is working on it but that as of this morning, the commission did not have a contract for supervisors to review."
Article.

However, I do have one question. From 5:00 on in the video below, what exactly is Mr. Clark asking? Can anyone understand this?




Any resemblance?

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The candidacy of two candidates for Hinds County Election Commissioner in Wards 2 and 5 remained in limbo yesterday when the Hinds County Board of Supervisors took no action after an hour of discussion that was rather colorful and heated in nature. Bobbie Graves and Blonda Mack appealed to the board after they turned in their qualifying papers to the chancery clerk the day after the deadline. (The video below is quite entertaining. Earlier post).



The Mississippi Code states:

Candidates for county election commissioner shall qualify by filing with the clerk of the board of supervisors of their respective counties a petition personally signed by not less than fifty (50) qualified electors of the supervisors district in which they reside, requesting that they be a candidate, by 5:00 p.m. not later than the first Monday in June of the year in which the election occurs and unless the petition is filed within the required time, their names shall not be placed upon the ballot. All candidates shall declare in writing their party affiliation, if any, to the board of supervisors, and such party affiliation shall be shown on the official ballot.

The petition shall have attached thereto a certificate of the registrar showing the number of qualified electors on each petition, which shall be furnished by the registrar on request." Section 23-25-213 of the Mississippi Code

Board attorney Crystal Wise Martin told the board there were no Mississippi Supreme Court decisions that dealt with this issue. She said there were two circuit cases from Washington and Simpson counties involving similar situations where there was a "timely filing in the circuit clerk's office but an untimely filing within the chancery clerk's. In both opinions the circuit court said there should be a substantial compliance standard applied to this particular statute and not a mandatory compliance."* The candidates in those cases were placed on the ballot.

Ms. Martin said she had drafted a letter requesting an opinion from the Attorney General but would not submit it unless the board directed her to do so. Supervisor Phil Fisher said the Board delayed action two weeks ago because Ms. Martin said she would obtain an opinion. She said the statute was clear and interpreting it was "within the board's discretion." She told Mr. Fisher "it was within the board's discretion to decide whether to apply a substantial compliance standard to its interpretation of the statute." Mr. Fisher shot back "the statute specifically states a date and time" to which Ms. Martin agreed. However, she then replied "the board is within its power to interpret the statute." The Ward 4 Supervisor said if it was "ok to be one day late, why not five days or ten days or twenty days?" Ms. Martin said "this was a decision for the board to decide.

Ward 5 Supervisor Kenneth Stokes jumped in and moved to open up the qualifying deadline for "everyone." The motion later died for lack of a second. He said the "best thing to do and be a win-win for everybody was to open it up" for everyone. Supervisor Fisher said it was the candidate's responsibility to know the law. Mr. Stokes had Eneva Pittman address the board. She attempted to qualify but several of her signatures were rejected after it was found they either did not live in the district or were registered voters. Mr. Stokes again attempted to reopen qualifying so she could resubmit her entire petition and signatures (15:35).

Ms. Graves and her attorney addressed the board. Warren Martin told the board the constitution "trumps" the statute and cited Article VI, Section 157:

"SECTION 157. Exclusive jurisdiction of chancery court; transfer.

All causes that may be brought in the circuit court whereof the
chancery court has exclusive jurisdiction shall be transferred to the
chancery court."

Mr. Martin said if the board did not place Ms. Graves on the ballot, there would be legal "implications". He said the constitution directed the circuit clerk to transfer Ms. Grave's petition to the chancery clerk and the board should place "little credence" on the statute.

Ward 4 Election Commissioner Cochran pointedly told the board (26:00) Ms. Graves "qualified four years ago" and she has had four years to learn the procedures. "The statute is so very clear, 5:00, June 4, and it specifically says the chancery clerk's office." "You are usurping the law if you allow this to go on." Mr. Stokes said the "only win-win in this was to open it up for everyone."

Supervisor Peggy Hobson-Calhoun moved for Graves, Pittman, and Mack to be placed on the ballot (35:00). Mr. Stokes seconded the motion. She said she included Ms. Pittman in her motion because she was not notified by the circuit clerk's office that her signatures were withdrawn. Mr. Fisher asked if the motion was putting on the ballot three people who did not meet the deadline. Ms. Hobson-Calhoun said they "submitted the information in a timely manner" but it was submitted to the "wrong office" and the information "should have been forwarded" to the chancery clerk. She told Mr. Fisher the law from the Mississippi constitution provided the justification for her motion.

Ms. Dunn told this correspondent her office does not forward petitions to the chancery clerk and has not done so since the law changed in. She said the AG's gave her a verbal opinion that the candidates were responsible submitting the petition to the chancery clerk.

Mr. Stokes again urged the board to open the qualifying "for everyone" so Ms. Pittman could get her fifty names. Ms. Hobson-Calhoun again defended Ms. Pittman, stating she was not notified some of her signatures were disqualified.

Supervisor Phil Fisher said "this whole idea of changing dates of when you can qualify is disgraceful. To vote on this today is a slap in the face of a system we should all respect... For anyone to see you can file after the fact says you can open every election to the same standard... Why even worry about the deadline. Just wait a couple of days, think it through a little bit more, and then go file."

The Ward 4 Supervisor then directed his comments towards the board attorney: "And it is setting these precedents because an attorney has an opinion of a Mississippi Constitution statute that has no place in this and I hope it is tested in court." Mr. Fisher then asked Warren Martin if he was related to anyone in the room. Mr. Stokes mockingly said "he's my cousin" as the rest of the room erupted in laughter and taunting from the black members of the audience. Supervisor Graham interrupted him at this point and asked him to keep his comments to the issue. Mr. Fisher ignored him and repeated the question. Mr. Graham again repeated his warning. Mr. Fisher said "It's Ms. Martin's brother in law". One black lady in the audience said "we all look alike to him." Um, yeah. Mr. Stokes defended the relationship and said just because they were related, there were no "shenanigans".

Supervisor Doug Anderson, whose wife is on the ballot for Ward 2 and would face Ms. Graves, made no comments during the discussion. The motion to certify the three candidates failed on a 4-1 vote. Mr. Fisher then moved to certify those that had qualified for the race but the motion failed. The board thus took no action regarding the placement of Graves and Mack on the ballot.

*It should be pointed out opinions from circuit and chancery courts in other counties are not binding upon Hinds County Courts as are opinions from the Mississippi Supreme Court and the Court of Appeals.

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The Hinds County Board of Supervisors fired Emergency Operations Center Director Jimmie Lewis today in a move not on the agenda, and surprised all spectators present today. The Board offered the position to former Deputy Director Ricky Moore.



Supervisor Robert Graham brought up the issue of Mr. Lewis' job performance even though it was not on the agenda. He said there were millions of dollar in "grants we are not getting" and "the department is not progressing the way Hinds County is concerned." He said, "As Board President I'd like to exercise my prerogative to ask for the immediate termination of a Hinds County employee for failing to do their job." Mr. Graham called it a matter of "public safety" and moved to immediately fire the EOC Director and hire someone "today". Supervisor Phil Fisher seconded the motion.

Supervisors Graham, Anderson, and Fisher voted to fire Mr. Lewis. Peggy Hobson-Calhoun was absent. Mr. Graham then moved to hire Mr. Moore to as the new director. Deputy Director Joey Perkins will serve as interim Director.

Ironically, it was Mr. Graham who brought Mr. Lewis on board four years ago when long-time director Larry Fisher retired. Mr. Lewis was the head of the department of permits and zoning. He possessed a Masters in Physical Education. Mr. Moore, who is white, sued the county after he was passed over for the position in favor of Mr. Lewis and alleged racial discrimination. The lawsuit was dismissed with prejudice in December 2011. The relationship between Mr. Lewis and the Board President has been a stormy one, as Charles Graham, the brother of Robert Graham, joined the EOC as Deputy Director when Mr. Lewis assumed the leadership of the EOC. Mr. Lewis fired Charles Graham a year later. Mr. Lewis and Robert Graham have skirmished at several board meetings.

Editorial note: I'm not too surprised by this move when I think about it. Mr. Lewis should not have been hired in the first place, as he was not qualified for the job. Two incidents last year come to mind regarding his job performance. The first was when tornadoes passed through southern Hinds County and Mr. Lewis was AWOL and refused to give any explanations as to where he was when he should have been at his post- the Emergency Operations Center.

The second was the purchase of EF Johnson radios for $113,000 for the Byram police department. Any such purchase over $100,000 MUST be approved by the Mississippi Wireless Communications Commission. Mr. Lewis did not inform the board of this requirement nor did he seek permission from the MWCC before the county issued a purchase order for the radios. This website broke the story reporting no such permission was obtained. However, Mr. Lewis' dereliction of duty did not end with his failure to advise the board of the basic rules for such a purchase. Mr. Lewis also didn't bother to show up at the Wireless Commission when Hinds sought to obtain a retroactive approval for the purchase. The board members were kept waiting while employees tried to find someone from Hinds County to attend the meeting. Mr. Lewis never appeared at the meeting.

It should be noted that for the last year, Mr. Lewis has suffered from prostate cancer and the corresponding treatments. However, Mr. Lewis' illness was not mentioned today, nor did Mr. Lewis appear to defend himself before the board, although he was present earlier at the meeting. One can only hope Mr. Moore or someone with a similar background will take over the Emergency Operations Center.

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Hinds BOS just fired EOC Director jimmie Lewis and hired Ricky Moore to replace him.
Sent via BlackBerry by AT&T

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Sheriff Tyrone Lewis gave the media* a tour of the Hind County Detention Center in Raymond after an inmate escaped Friday morning. The Sheriff and his employees pointed out numerous problems such as broken locks, doors that would not close, a lack of cameras, and design problems at the facility. The Sheriff said "we have a capable command staff in place, we just need a jail to run." The Sheriff said the county maintenance department was "inconsistent" in fixing problems and needed to "step up to the plate."



Flanked by Chief Deputy Chris Picou and Captain Joe Daughtry, Sheriff Lewis opened with a press conference. The Sheriff said the issues were "accountability" and "responsibility" as he discussed the escape. He said, "I am responsible for the personnel, these facilities, as well as making sure we can secure the inmates we house in these facilities." He then said the maintenance and repair of the jail was the "responsibility of the Board of Supervisors, the county administrator (Carmen Davis), and the county maintenance department." The Sheriff said there had been a pattern of "neglect" and "lack of repair" (2:16) since 1994. "Until the maintenance department of Hinds County steps up to the plate.. we are going to have issues with inmates escaping and our employees and personnel resigning and being afraid to come to work."

Sheriff Lewis said when he assumed office they found 30 non-functioning doors. He placed blame on the county maintenance department as he said "some days they come to work, some days they don't. There has been nothing consistent about the maintenance department to make sure these problems are taken care of."  He said they would continue to "have issues with inmates escaping and our personnel depleting the way it is fixed or we come up with a proper solution we are going to continue to have these issues. (4:26)"

The escapee managed to pop a grate out of the wall in his holding cell. He had been in custody less than twelve hours. (The grate is shown in the video of the tour.)  There was a section of plywood between the wall and the grate several inches thick which held the grate in place. The grate was removed in less than a minute. The inmate then entered a mechanical room. The door to the outside was secured with a flimsy lock. The inmate forced open the door and escaped the facility. He was captured forty minutes later at the Shell station on Highway 18. The inmate was Frederick Deschete. He was arrested for making a bomb threat in Byram. He has been arrested several times and was once committed to Whitfield.

Sheriff Lewis said it would take "a million plus" to make the needed repairs to the jail. He said he did not know how many escapes took place last year. Sheriff Lewis said "I am frustrated for the taxpayers" and "there is only so much I can do without the help of the maintenance department." He said he wanted to bring in experts to review the detention center and determine whether the best option is to repair the jail or build a new one. He said in the final press conference only Supervisors Robert Graham and Kenneth Stokes had visited the facility.

The tour was an eye-opener for one not in law enforcement. (Video of entire tour is posted below. It's worth watching.) Inmates banged on the doors when they saw us pass. Hutto screamed, "I will kill you Tyrone Lewis" as we went by his cell. There were pools of standing water in the maintenance rooms. Machines um, rigged with coat-hangers to keep them working. Grates held in place with plywood. Ceilings ripped out by inmates seeking weapons or anything that could be used in an escape. Deputies showed how inmates could use wire taken out of the ceiling to pop open cell doors- in less than five seconds. Inmates showed how they could use bed sheets to open doors in less than thirty seconds. Employees said cameras were not in all of the housing units. The Sheriff showed how one inmate was able to escape through a supposedly secure outside recreation area. He was able to tie two bedsheets and a broomstick together, throw them over part of the ceiling (a chain link fence covered the entire area), hoist himself up, and escape to the roof. Repairs were made to the "ceiling" to ensure there would be no repeat performance by other inmates. The Chief Deputy pointed out blind spots in the camera coverage. The Sheriff said the facility was designed to be a "jail, not a prison" as a prison was for long-term incarcerations while a jail is meant to be a temporary holding facility.

The next question is whether the board will actually move towards building a new jail or settling for repairs.







*Media present: WLBT, WAPT, Clarion-Ledger, Fox40, WJTV, Jackson Jambalaya

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Beeeeeeeeeeeert Case blew it today when he covered the Hinds County Board of Supervisors. Bert makes it seem as if poor Kenneth Stokes can't get any of his motions even seconded by any of the mean ole Hinds County Board of Supervisors. Don't believe me? Watch the video.

Bert is not telling you a few things, such as what the other supervisors would not second. Bert sat through the whole meeting but unfortunately would rather create a false narrative of feuding supervisors than tell what really took place: a clueless, incompetent supervisor who is too lazy to function in the 21st century and wants to nominate hoodlums and family members to boards. Here is what no one on the board would second today:

*A motion to appoint Chokwe Lamumba to the Hinds Community College Board. You got it- good ole Chokwe. Problem is, as the board attorney pointed out, Mr. Lamumba can not serve because he is a sitting city councilman in Jackson and under the separation of powers, he can not serve in the executive and legislative branches at the same time.

*A motion to appoint Enoch Sanders to the Hinds County Human Resources Board of Trustees. Had to withdraw it as he said he didn't know Mr. Sanders was a felon and thus could not serve on the board.

*A motion to appoint Keith Stokes to the Hinds County Economic Development Board of Trustees. Just one problem- Keith Stokes is his son and the potential conflict of interest was pointed out to Mr. Stokes.

*A motion to give Mr. Stokes yet another "special projects officer". SPO's are glorified assistants or secretaries. The Supes passed a resolution authorizing each one to have two (except for Phil Fisher, he has one). Mr. Stokes hired four part-time SPO's instead of two at full-time status. Mr. Stokes hired a lawyer, Tanecka Moore, as a part-time SPO BUT Mr. Stokes wanted to the board to allow him to have an additional slot so he could keep THREE part-time SPO's AND have a fourth SPO but on full-time status. Make that 2.5 SPO slots. Mr. Stokes said it would come out of his budget. No one would second his motion. Mr. Stokes felt slighted by the mere fact he only has an entourage of 4 SPO's.

*This one really fired him up. He made a motion to rename a street. Supervisor Fisher explained there was a process to go through that included getting signatures from affected residents and as well as obtaining approval from a department. Mr. Stokes thought it was ridiculous to answer to "underlings" and flat out made it clear he thought Supervisors were potentates to be served by everyone else.


Words do not begin to describe the buffoonery that was on display today. Watch the video and compare to the one broadcast by Bert Case. Warning: the video is pretty funny.


Oh yes, Mr. Stokes also complained about voting on contracts without reading them. Apparently Mr. Stokes does not read email. The county administrator emails to all Supervisors a packet of information and documents prior to each board meeting. Since Mr. Stokes does not use email or computers, he does not read the packet nor has it occurred to him to have one of his four assistants print out the documents for him to peruse at his leisure.

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Hinds County Circuit Judge Tomie Green expunged an arrest of cyberstalking from the record of David Pillow on January 17, 2012. Mr. Pillow was arrested in 2006 for exploitation of a child in a sting operation conducted by NBC Dateline and the Hinds County Sheriff's office. Hinds County deputies arrested twelve men in the sting. Chat logs JJ also learned none of the four individuals arrested in the sting operation in Hinds County were sentenced to jail.

JJ obtained a copy of the original affidavit that served as the basis for the arrest warrant even though the record has been expunged. The affidavit alleges Mr. Pillow "did knowingly willfully, unlawfully, and feloniously, entice and solicit sex from an undercover operative, msbeckyblue, posing as a 12 year female, for the purpose of meeting and engaging in sexually explicit conduct." Investigator Latasha Holmes signed the affidavit on July 12, 2006. The bench warrant issued that day charged Mr. Pillow with "exploitation of a child".

The charge was reduced to cyberstalking on November 27, 2006. The court ordered Mr. Pillow to pay $10,000 in fines and imposed supervised probation for two years as part of nonadjudication. Mr. Pillow's lawyer was Cynthia Stewart. The order to expunge states the case was "nonadjudicated". Nonadjudication is a process where the defendant is conviction is witheld by the judge. If he meets certain conditions, the arrest is removed from his record. Section 99-15-26 of the Mississippi Code

Doug Hindman was also arrested in the same sting operation. Cynthia Stewart represented him as well and managed to get his charge reduced from exploitation of a child to cyberstalking. The court issued the same sentence to Mr. Hindman: $10,000 in fines and suspended a two-year prison term. He was pardoned by Governor Barbour. It should be pointed out that at one time Ms. Stewart and Faye Peterson were prosecutors under then-District Attorney Ed Peters. Earlier post about Hindman pardon. Includes court file and chat logs.

Johnny Oliver Smith was arrested in the sting but his file was sent back to the Sheriff's office for more information. No further action was taken.

Roberto Oropeza-Rosas was arrested and charged with exploitation of a child. He was convicted and received a suspended sentence of ten years. Since he was an illegal alien, he was turned over to the Department of Homeland Security and deported back to Mexico.

Thus, not one single arrest of Hinds County residents made in the Perverted Justice/HCSO sting resulted in anyone serving any time in jail after conviction. None of them appear on a sex offender registry. Then-District Attorney Faye Peterson attempted to explain away the reduction of charges in the Hindman and Pillow cases in an interview with the Jackson Free Press:

"Asked why her office reduced the charge against Hindman, District Attorney Faye Peterson indicated that the law itself was insufficient to convict Hindman of the original charge. "The statute had a defect in it," Peterson said. The flaw was that statute Hindman was charged under required that the "victim" had to be an actual child, not an adult posing as a child.

"We were in uncharted territory," Peterson said.

The Legislature has since amended the statute to correct the flaw, Peterson said, but Hindman was arrested under the previous, flawed law." Article

Just one problem with this statement. Its not true. The Mississippi Supreme Court affirmed in 2011 a conviction from the same sting operation, Shaffer v. State of Mississippi. Justin Shaffer was arrested on July 8, 2006 for the same crime thing as Hindman: chatting with someone he thought was a 13-year old who was actually someone working for Perverted Justice. He, like Hindman, went to meet "Chloe" at a home in Byram and was arrested by Hinds County Deputies. He was charged with Exploitation of a Child, the same statute used to charge Doug Hindman, and was convicted in Greene County (HCSO turned the cases over to the perv's home county). The law, the one Faye Peterson said was flawed, stated:

"No person shall, by any means including computer, knowingly entice, induce,
persuade, seduce, solicit, advise, coerce, or order a child to meet with the
defendant or any other person for purpose of engaging in sexually explicit
conduct."

Mr. Shaffer appealed, arguing the "victim" was not actually under the age of eighteen. The Court of Appeals agreed, reversed the conviction, imposed a conviction of attempted exploitation, and remanded to the trial court for re-sentencing. Court of Appeals opinion. The Mississippi Supreme Court disagreed with the decision and affirmed the trial court on October 27, 2011. Opinion.

Mr. Shaeffer argued to the Mississippi Supreme Court he could not be guilty of child-exploitation because no child had been involved in the sting." The Court disagreed and said "solicitation is sufficient to violate the statute" and that "the act of solicitation does not require that the thing solicited even exists."

Justice Kitchens dissented, but then gave the prosecution an additional way to convict Mr. Shaeffer: the general attempt statute. Section 97-1-7 of the Mississippi Code states:

"Every person who shall design and endeavor to commit an offense, and shall do any overt act toward the commission thereof, but shall fail therein, or shall be prevented from committing the same, on conviction thereof, shall, where no provision is made by law for the punishment of such offense, be punished as follows: If the offense attempted to be committed be capital, such offense shall be punished by imprisonment in the penitentiary not exceeding ten years; if the offense attempted be punishable by imprisonment in the penitentiary, or by fine and imprisonment in the county jail, then the attempt to commit such offense shall be punished for a period or for an amount not greater than is prescribed for the actual commission of the offense so attempted."

Mr. Shaffer is currently serving 25 years in prison. Justin Shaffer's chat logs

JJ is examining the files from those arrested from other counties and will publish the information in a later post. Many of these adjudications were covered by the media several years ago. All of them are now wrapped up and given the recent attention given to the Hindman pardon, its probably not a bad idea to report what happened with all of the other cases. Unfortunately for Hinds County residents, child molesters caught by NBC and law enforcement entered the Faye Peterson catch and release program.

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The Mississippi Supreme Court appointed retired Chancellor Thomas Zebert on December 16, 2011 to hear the motion to intervene filed by this website against Motorola and Hinds County. Attorney Curt Crowley filed a motion for recusal on December 8, 2011 in Hinds County Chancery Court on behalf of this website in Motorola v. Hinds County. Jackson Jambalaya filed a motion to intervene on May 24, 2011 seeking a copy of the settlement agreement between Hinds County and Motorola. JJ filed the motion for recusal after numerous efforts to obtain a hearing date from the court were unsuccessful. Judge Zebert adjudicated a similar matter between Hinds County and Motorola two years ago. Post on Hinds/Motorola public records lawsuit

The order states

"This matter is before the Court upon request by the Chancellors... for the appointment of a Special Judge to preside over the preceedings... this request being necessitated by the recusal of the Judges for said Court by virtue of an Order of Recusal executed on December 12, 2011.

Having fully considered this matter, the Court finds that the request is proper pursuant to Miss. Code Ann. Section 9-1-105.

It is therefore ordered and adjudged that Honorable Thomas I. Zebert, Senior Status Judge, be, and he is, hereby specially appointed as Special Judge to preside and conduct proceedings in the above referenced case.."

Earlier post on motion and background of case

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WLBT followed up a report on JJ last week about Mayor Harvey Johnson's opposition to the Byram-Clinton corridor project. The county has already purchased land, rights of way, started construction, and spent $6 million of $33 million obtained in federal grants. Project has been on the board since 1993 so Harvey has had 2 1/2 terms to let everyone know he is against the project, which he has not done.

Now Harvey starts screaming he is against the project and wants to reroute it through Jackson. Of course, Harvey leaves out the fact Hinds County would have to repay the money to the federal government and then reapply for grant money for the new route. Ah, that must be it, the county is actually doing something and not planning it to death or making excuses so voila, Harvey is suddenly against it. Here is the video of Cheryl's story:

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Not your typical boring Hinds BOS meeting. I tried to point out for you where the good exchanges took place in the video. Enjoy.

Meeting starts at 7:05. Graham elected Board President at 10:00. 14:55: Stokes asks how many parks Hinds County has. Yup. Wasted no time and went right for..... the parks. Sheriff Lewis presents new policy manuals to Board at 17:00. Stokes asks at 23:00 about interfund advances. Deputy Chancery Clerk Greta Lovell gives a good explanation how it works. Stokes questions whether it is "sound fiscal policy". Stokes voted no on every one.

1:52. Supervisors look at borrowing nearly half a million dollars from the E911 fund. Stokes questions it. Stokes asks if EOC Director is in favor of it. Um, Kennie, Mr. Lewis is an employee of the board who does what they say. Stokes then raises the specter of bankruptcy if something happens. Mr. Fisher says "That was fresh to hear after four years of saying the same thing." The Board passes a motion by Mr. Stokes at 12:50 to broadcast the meetings on public access channel (Don't worry, I'll still post videos here.).

15:10: Stokes then addresses the budget. Very interesting and worth watching as he expounds on the need for a reserve of 5% and how the county has to quit wasting money. Stokes was surprised the budget was only a little over $50 million. Stokes takes issue with Public Safety and Courts eating up $30 million of the budget. "We can not have good government without having a reserve". The reserve is less than half a million dollars. Stokes recommended having 5% reserve or at least $2 million. Stokes said the board needed to make "hard decisions". Mr. Fisher chimed in and said the issue was "the discipline of the board" and made a few comments. Stokes then comes back at 28:00 and mentions how many deputies are used at the front doors of the courthouses. 29:20: Sheriff Lewis responds to Stokes. Sheriff said the county had 250,000 residents and 900 square miles.


Sheriff Lewis continues his response to Mr. Stokes in Part 3. The Sheriff said he had 500 employees (including the jail). Stokes fires back and says HCSO doesn't have to cover Jackson and Harvey won't allow them to do so. Mr. Stokes said "there ain't no crime in the country. If you think the crime in the country is the same as crime in Jackson, they sleepwalkin'".

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Hinds County Sheriff Tyrone Lewis announced his new command staff at his first press conference yesterday at the Hinds County Extension Center. Sheriff Lewis said the department was "top-heavy" and released several officials yesterday. The Sheriff said the changes would make the department more "efficient" and economical. All deputies had to reapply to the department (This was done when Sheriff McMillin assumed office.).

Sheriff Lewis said Chris Picou of Richland is the new Chief Deputy. Chief Deputy Picou is known for his work in K-9 units and drug interdiction. Sheriff Lewis said he was abolishing the position of Undersheriff and instead was making the Chief Deputy his second-in command. Mr. Picou has been in law enforcement for twenty-two years and was the Sheriff's "right hand" during the transition phase. The command staff is:

Perry Martin, Deputy Chief, Community Service
Ken Magee, Deputy Chief, Enforcement
Joe Austin, Deputy Chief, Support Services
Markas Marbury, Captain, Patrol
Joseph Daughtry, Captain, Community Service
Michael Ivy, Captain, Corrections
Steve Baily, Captain, Investigations,
Dana Price & Kamau Franklin: Legal Counsel

One observation I made yesterday was Sheriff Lewis "broke out" the corrections division. It now has its own policy and personnel manuals and is a separate division. The Sheriff said corrections is "governed in a totally different manner" and will be under a different set of rules. Sheriff Lewis said an audit of the entire department was initiated yesterday.

This correspondent asked the Sheriff if videocameras were going to be placed in the cars. The Sheriff acknowledged the cars did not currently possess such technology but his goal was to install them in all cars. The Sheriff also said deputies would probably still be allowed to work private details although the amount of hours allowed will be reviewed.

Starts at 3:00. Media questions start at 17:00.

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Attorney Curt Crowley filed a motion for recusal yesterday in Hinds County Chancery Court on behalf of this website in Motorola v. Hinds County. Jackson Jambalaya filed a motion to intervene on May 24, 2011 seeking a copy of the settlement agreement between Hinds County and Motorola. JJ filed the motion for recusal after numerous efforts to obtain a hearing date from the court were unsuccessful.

Mr. Crowley sent a request to the court via email requesting a hearing date on June 1, 2011. Mr. Crowley called the court and left messages. Mr. Crowley finally sent a letter on September 16, 2011 to the court with the same request. Judge Thomas still did not set a hearing date despite what Mississippi Code Section 25-61-13 states:

"(3) Proceedings arising under this section shall take precedence on the docket over all other matters and shall be assigned for hearing and trial at the earliest practicable date and expedited in every way. Such suits may be heard in termtime or in vacation."

Hinds County retained Attorney Precious Martin, husband of board attorney Crystal Martin and son-in-law of the senior chancery judge, to pursue legal action against Motorola. The county signed a contingency fee agreement with Mr. Martin. The two parties settled the case.

This correspondent filed a public records request with Hinds County seeking a copy of the settlement in the lawsuit. Hinds County did not fulfill or deny my request but instead notified Motorola. Motorola filed a petition for a protective order in Hinds County Chancery Court requesting the court permanently seal the settlement. This correspondent filed a motion to intervene asking the court to order Hinds County to release a copy of the settlement agreement. Hinds filed a response opposing the motion. See links posted below for copies of the documents filed by each side.

It is the position of this correspondent that since Hinds County IS a public body, the settlement is a public record and the public is entitled view it. The case is civil, not criminal in nature and is not part of an investigation. Such accountability is the foundation of representative government. The court will be the proper forum for me to discuss the merits of this motion.

The motion states:

"The movant has attempted for more than six months to set his motion to intervene for hearing, bu the Court has failed to set the matter for hearing or respond to movant's counsel's requests to set the motion for hearing. The failure of the court to set the motion for hearing has caused unjust prejudice to the movant and to the public, as the delay has enabled Hinds County to hide the expenditure of public funds form the personal enrichment of public employees and their relatives. The Court's inaction on the motion to intervene is likewise disturbing because the delay in adjudicating this matter violates the provisions of Mississippi Code Section 25-61-13*. Viewed in the totality of the circumstances, the unjustified delay in setting a hearing or ruling upon the motion creates the appearance of impropriety.

All Chancellors in this district previously recused themselves in related public records litigation between these same parties (see post linked below). That litigation involved public records sought by Motorola to assist it in defending the Circuit Court action filed by Hinds County. If recusal was warranted in the previous litigation, it is certainly warranted in the instant case. Unlike the previous litigation, the instant case involves the expenditure of public funds to insiders. At least one of those insiders is a close relative of the Senior Chancery Judge in this district. The Chancellors of this district should recuse themselves for the same reasons they recused themselves in the previous case.

Judge Thomas either currently or recently has a financial interest in other litigation, wherein he served as co-counsel with Precious T. Martin, Sr., the attorney in the instant litigation (From the footnote: Two antitrust cases were appointed as "Special Assistant Attorney General" to prosecute for Mississippi. Upon information and belief, the attorney's fees from one or both of these actions have not yet been awarded and disbursed. Judge Thomas and Mr. Martin both have a "continuing pecuniary interest in the outcome of these cases."). The business relationship between Judge Thomas and Mr. Martin gives the appearance of impropriety, as this relationship would cause a reasonable person to doubt Judge Thomas' impartiality in this case.

The public funds referenced in the records in issue were used in part for the personal enrichment of Crystal Wise Martin, who serves as Attorney to the Hinds County Board of Supervisors. Mrs. Martin is s the wife of Precious Martin. Mrs. Martin is also the daughter of Judge Patricia D. Wise, the Senior Chancery Court Judge in this district. As stated previously, Mr. and Mrs. Martin have a strong personal interest in avoiding disclosure of these records. Any ruling adverse to Hinds County would also be adverse to Mr. and Mrs. Martin. Considering that Mrs. Martin is the daughter of the Senior Chancery Judge in this district, a reasonable person would have doubts as to whether the Chancellors in this district could render a judgment adverse to Mrs. Martin's personal interests.

These facts, either singularly or cumulatively, necessitate the recusal of Judge Thomas and the Chancellors of the Fifth Chancery Court District. There exists a strong appearance of impropriety in the Chancellors of this district presiding over this case. A reasonable person, knowing all these facts and circumstances, would question the impartiality of the Chancellors of this district. For this reason, the movant respectfully requests that Judge J. Dewayne Thomas and all other Chancellors in the district recuse themselves from further participation in this case. The Movant further respectfully requests that this matter be referred to the Mississippi Supreme Court for the appointment of a Special Chancery Judge.


*Mississippi Code Section 25-61-13:
"(3) Proceedings arising under this section shall take precedence on the docket over all other matters and shall be assigned for hearing and trial at the earliest practicable date and expedited in every way. Such suits may be heard in termtime or in vacation."

JJ files response to Hinds County
Hinds response
Hinds files response and tries to keep settlement secret
Motion to intervene post
Motorola public records lawsuit against Hinds
Precious Martin has a sweet contract

Note: WLBT is joining in the motion to intervene. Other media outlets, yes, including the JFP, are welcome to contact us if interested in doing so as well. A government agency filing lawsuits and then sealing agreements involving such large sums of money and family relationships is indeed a matter of concern for the fourth estate.

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The Northside Sun reported Roger Davis was arrested at a precinct he supervised after Supervisor and former opponent Robert Graham showed up accompanied by a Hinds County Deputy:

"A poll worker ended up in a squad car after trying to enforce election laws and keep Hinds County District One Supervisor Robert Graham from influencing voters at a North Jackson polling place.

Roger Davis, co-manager of precincts 80A and 80B at the Tougaloo Community Center, called the Hinds County Sheriff’s Department on the afternoon of November 8, after Graham and one of his associates initially refused to stop campaigning there.

In fact, Graham and a man who was referred to as Sturgis, threatened Davis with bodily harm for attempting to uphold state law, according to Davis. The Sun has been unable to find out Sturgis’ first name.

“Sturgis flipped me off and said, ‘(Expletive) you, honky,” Davis said. “(Graham) told me ‘I’ll kick your a--.’ ”

But when the deputy, Cpt. Nate Ross, arrived on the scene, Davis, not Graham, was arrested." Rest of the story

I can attest Mr. Davis sent me a text message that night stating Mr. Graham told him he would kick his ass and he was arrested. Nice. I wonder how much of a bad-ass Mr. Graham is without his goon standing next to him. If Mr. Davis has witnesses, he should file charges against the deputy if any apply. Seems there might be a Section 1983 action available as well although you lawyers can correct me if I'm wrong.

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The Hinds County 911 Council approved several requests at a meeting Wednsday but not before fireworks flew between Byram and Jackson. The council meets several times a year to approve requests by various government agencies (fire, police, emergency operations) to purchase telecommunications equipment using 911 funds. The funds are collected through taxes on consumer phone bills. Standard procedure calls for the council to approve a request and then forward to the Board of Supervisors for final approval. Most agencies use this fund as it allows them to avoid purchasing the equipment in their budgets.

The Council rejected a request from the Byram Fire Department to purchase
Fire Chief Marshall Robinson (starts at 7:30 in first clip) ten mobile units, and 30 portables. The amount of the request was $238,507. Chief Robinson said he only had three employees but he was hiring and had twenty applications. He told the council "can't do anything with them until we start getting the equipment." The fire department currently operates in combination with the Byram Volunteer Fire Department.

Fire Chief McNulty (Jackson) asked when he was going to hire the employees. Chief Robinson did not provide an exact number but said he needed the radios to move forward. Chief Gray (Terry) said he had a problem with spending money on radios for employees that were not in place and that no one in "the room" had a problem with purchasing radios for current employees. The council had several minutes of vigorous debate and then rejected his request. The council approved a motion by Chief Gray for Byram to purchase five mobile units and five portable units.

The council approved requests by Utica and Raymond to accept quotes from Motorola after quotes from EF Johnson were not valid after the company terminated its relationship with Northstar Wireless. More sparks flew when the council approved a $370,450 request from the City of Jackson Police Department to purchase 100 portable radios. Deputy Chief Lindsey Horton said (13:00 in second clip). Mr. Horton said JPD had 439 officers but had a class graduating next month and was starting another one in January. HE said there were 35 recruits per class. Chief Robinson (Byram) heatedly objected to the purchase as he pointed out Jackson was trying to obtain radios for employees not yet hired when it rejected his request for the same reason (See 16:30 where he and Mr. Horton argue.). The council also approved a JPD request to purchase several high-end computers for $63,394.

Hinds County Emergency Operations Center Director Jimmy Lewis provided following budget information for the 911 funds (Clip 1):

1. Hinds County receives approximately $250,000 in 911 funds every month.
2. Hinds County spent $2.1 million last year in 911 funds and $2.3 million.
3. Hinds County spent $600,000 more than it received in 2011 and $280,000 more in 2010.
4. Hinds County spends $200,000-$300,000 per year for maintenance of the radio system.
5. Hinds County spends $400,000 on its annual phone bill.
6. Hinds County pays $780,000 every March.

Editorial comment: The fire chief from Byram was correct that the council approved a request from Jackson to purchase equipment for future employees but rejected his request because it was for future employees. One thing I noticed was that Chief Coleman was able to provide definite information on when the employees would be hired, how many there would be, and when their graduation dates were (21:15 in second clip). Chief Coleman said she did not have enough radios for the class graduating next month after Chief Gray raised the same point. The Byram Fire Chief was not able to provide information on how many he would hire, when they would start, if they went through an academy or were already trained. Several members told me after the meeting the lack of definite information was why Byram's request was rejected while Jackson's was approved.

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