Jackson Jambalaya

Jackson crime stats have not been updated since November 14, 2010.

City of Madison crime reports through December 8, 2010.

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Update: I've disabled comments for this post. I think 189 is plenty and this thread has run its course. I've not allowed more than a few comments because they named managers at Blue Cross, made more than a few slanderous accusations, and more than crossed the line of decency and honest debate into vitriol and libel. There is nothing stopping some from creating their own blog on blogger. Its free and you can have your own Blue Cross/Blue Shield forum to your heart's content. I'm not disputing the validity of what is alleged in the comments one bit and think there is probably a great deal of truth to some of them. However, I think this thread has had its day and nothing new is being added to the discussion.


Rankin County News reports two Blue Cross/Blue Shield employees embezzling over $200,000 from the state medical plan yet no one else has covered this story:

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Mississippi Democrat extraordinaire Brad Chism whined in a letter to the Sunday edition of the Clarion Ledger about how unfair the United decision was to Democrats:

"The official reports confirm an unprecedented spending spree on federal elections, with $351 million spent outside candidate campaigns to influence elections. With a Democrat in the White House and a Democratic-controlled House and the Senate for the last two years, Democratic Party Committees held a $30 million edge in spending.

Aside from party expenditures on behalf of their candidates, we find that groups spending to elect Republicans to the House and Senate spent $120 million, or about 2.3 times the amount of the same such spending for Democrats. The top independent expenditure for Republican candidates, Karl Rove's American Crossroads, spent more than all the labor, teacher and environmental groups combined spent to support Democrats.

In Mississippi, the outside influence was also one-sided. In northeast Mississippi, the non-party independent expenditures for state Sen. Alan Nunnelee totaled almost $320,000 - a 25 percent advantage in campaign spending over outside groups for incumbent U.S. Rep. Travis Childers.

Three groups that do not disclose their donor lists weighed in on behalf of Rep.-elect Nunnelee. The National Chamber of Commerce, a name familiar to most Mississippians, spent about $68,000.

The American Future Fund, founded by an Iowa businessman with ties to the ethanol industry, spent a whopping $216,000 and Americans for Limited Government, the brainchild of a New York Real Estate Developer, spent more than $32,000 to elect Nunnelee.

The national Democratic Party spent almost $1 million supporting Rep. Childers' re-election, or about $90,000 more than their Republican counterparts.

In south Mississippi, the spending advantage for the Republicans was nearly 3 to 1, with the national Republican Party committee spending more than $575,000 for U.S. Rep.-elect Steven Palazzo. None of the newly formed Republican independent expenditure committees were involved in the Fourth Congressional District race..."

Tell you what Brad, I don't ever hear you complaining about how the United decision helped unions as well as corporations or how Obama has substantially reduced the number of investigators assigned to monitor union corruption. In fact, Mr. Chism shades the truth a little bit when he claims American Crossroads spent more than all Democrat-friendly groups such as labor and teacher groups combined. The Wall Street Journal reported on October 29:

"The American Federation of State, County and Municipal Employees is now the biggest outside spender of the 2010 elections, thanks to an 11th-hour effort to boost Democrats that has vaulted the public-sector union ahead of the U.S. Chamber of Commerce, the AFL-CIO and a flock of new Republican groups in campaign spending.

The 1.6 million-member AFSCME is spending a total of $87.5 million on the elections after tapping into a $16 million emergency account to help fortify the Democrats' hold on Congress. Last week, AFSCME dug deeper, taking out a $2 million loan to fund its push. The group is spending money on television advertisements, phone calls, campaign mailings and other political efforts, helped by a Supreme Court decision that loosened restrictions on campaign spending.

"We're the big dog," said Larry Scanlon, the head of AFSCME's political operations. "But we don't like to brag." Article

This chart at Opensecrets.org claims Democrat-friendly 527's outspent their Republican-leaning counterparts. The Campaign Finance Institute reported losing incumbents usually spent substantially more money than the winning challengers. CFI also reported the disadvantage Democrats faced in money spent by outside groups was offset by the party spending advantage enjoyed by Democrats. The same organization also pointed out Democrats enjoyed a HUGE advantage in campaign donations from outside groups in 2008 and 2006 yet I've yet to hear Mr. Chism complain about it when his side wins. I've also yet to hear Mr. Chism complain about how homosexual gazillionaire activists funded secretive non-profit groups to turn Colorado from red to blue or how these same activists are funneling money into ProgressNow or the Democracy Alliance, groups which seek to replicate the same results in other states. While Mr. Chism complains about Karl Rove, perhaps he can also complain about George Soros and his funding of the Democratic Party.

Mr. Chism, you lost fair and square. Take it like a man instead of acting like a crybaby. You never griped about outside groups spending money on elections when you were whining, oops, I meant winning. You are only raising hell because you lost and got your ass kicked at your own game. It was your side that took advantage of McCain-Feingold to funnel large amounts of money through 527's and non-profits much to the dismay of Republicans. Your side accepted Soros's money and used it to conquer Republican districts all over the country in the last few years. You had no problem with Soros funding your project to capture Secretary of State offices nationwide so close elections could be "managed". I've yet to hear you utter one word of concern about campaign finance when Democrats were winning or when you were having your way. The truth is Mr. Chism, you are not some guardian of the public interest but are just a sore loser.

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See Evans Case page in Special Coverage section on right side of page for a collection of all posts on the Evans case. Several posts have audio recordings of the hearings

The Evans case reaches a new phase: The Battle of the Experts. G&B Investments filed suit against the Evans Brothers, Mississippi Valley Title Insurance Company, and Old Republic seeking damages for losses suffered in the Evans case.

G&B filed suit against the Evans brothers, various Evans-owned companies, Mississippi Valley Title Insurance Company, and MVT's parent company, Old Republic. G&B owned 105 acres of land on Hwy 463 in Madison. G&B sold the land to the Evans brothers in 2008 for $16 million. The Evans brothers made a $5 million down payment and G&B provided owner financing for the rest of the land. What G&B did not know is that the week before the closing, the Evans brothers obtained the down payment through mortgage fraud (The documents related to the transactions were not filed at the courthouse until after the G&B closing took place.). The Evans brothers represented to M&F, Bank of Forest, and Heritage Bank using phony title certificates it indeed owned the land and borrowed $5 million on land they did not even own. The brothers then turned around and used the money as the down payment. See earlier post. The brothers used 77 acres of the land as collateral for the deed of trust they issued to G&B. G&B argues since Mississippi Valley Title allegedly insured a portion of the 105 acre tract for 200%, it should have known wrongdoing was taking place. G&B asked for punitive damages as well as other forms of relief. G&B had foreclosed on the 77 acres used as collateral but the foreclosure was put on hold by the bankruptcy trustee. The three banks are also seeking recovery from the Evans Brothers, Mississippi Valley Title, and Old Republic for damages suffered in the alleged fraud surrounding this transaction.

G&B's lawsuit will go to trial in February. Judge Olack issued discovery deadlines for December and made it clear he was going to trial in Feburary. G&B filed a report (see below) by its expert, Mr. George Pierson, Esq. Mr. Pierson has practiced in Louisiana since 1976 and is a past President of the Louisiana Land Title Association. The Bank of Forest also designated him as its expert.

Mr. Pierson focused on the duty a title insurance company has to monitor, audit, and supervise its approved attorneys and agents. Mr. Pierson states the standard practice should be auditing the files of said attorneys and agents on a regular basis and inspecting escrow accounts. Mr. Pierson argues if such policies and procedures had been followed by Mississippi Valley Title, "the wrongful activities and ongoing fraudulent schemes carried out by Charles Evans would have been discovered and he would have been removed as an Approved Attorney prior to the transactions" involving G&B's land. Mr. Pierson also zeroed in on the fact Charles and Chris Evans are brothers: "Mississippi Valley Title and/or Old Republic failed to have reasonably prudent underwriting policies that would have allowed them to timely detect and discover the ongoing fraudulent and various fraudulent schemes of its approved attorney, Charles Evans. this would include a general prohibition against approved attorneys working on transactions whereby the approved attorney or a close family relation has a financial interest in the transaction." JJ pointed out in an earlier post Charles Evans submitted a dozen title endorsement applications to Mississippi Valley Title containing the signatures of both Charles and Chris Evans.

Mississippi Valley Title and Old Republic stated their experts would be James Bruce Davis of Arlington, Virginia and local appraiser Van Duncan. A report was provided to all parties but there is not a copy of it in the public file. Charles Evans filed his own designation of expert:Harvey Little, MAI. Judge Olack will hold a hearing on December 21 at 10:00 on several motions.

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Un-friggin-believable. In case you don't get it, here is the WLBT story from last night:

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Public Service Commissioner and Democrat Lynn Posey will switch to the Republican Party tomorrow.

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Olga is accepting reservations for Christmas parties. Book your holiday party for any night of the week, even the days Olga's is normally closed. Contact Olga at 601-366-1366 for details.

Olga's will also be open on Christmas Eve from 5:30 to 9:00 PM. Relatives in town but don't feel like cooking? Bring them to Olga's.

Directions: Get off at Northside Drive exit on I-55N. Continue north on Frontage Road for 200 yards. Its on the right next to Habana and Playpen. If you get to Red Arrow Car Wash, you've gone too far.

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This letter was recently sent to Attorney General Jim Hood by the Dedousis family.


"To: Jim Hood
Attorney General State of Mississippi

Re: Deaths of Lisa Dedousis and Daniel Mark Pogue


The Dedousis family would like to take this time to thank all of the wonderful people of Mississippi who sent us their prayers and support during this difficult time. We cannot express enough how much it has meant to us to know so many of you were there in our time of grief.

However, we still feel restlessness in knowing that this case has not been completely resolved from a criminal standpoint. Although Karen Irby has been sentenced to prison time for her role, Stuart Irby has been held unaccountable criminally for his role in this horrific incident that occurred on that February 11, 2009. Despite sworn testimony by Karen, and strong evidence suggesting abuse and the interference with her driving resulting in this accident, Stuart is allowed to remain free from prosecutorial investigation.

The District Attorney’s office of Hinds County claims it’s lack of action was because of Karen’s delay in coming forward and changes in her story during the course of this time. Did they ever consider that this woman with a documented history of abuse may suffer from battered woman syndrome and was under house arrest with Stuart during this period of time and had fears with coming forward? Did they ever consider that she may have had posttraumatic stress syndrome and that the details of this horrific accident may have taken time to surface only though psychological counseling? Why is it conceivable to accept that Stuart can’t recall anything, even events which occurred prior to the accident that night, but not for Karen to have delayed recall?

There is a message being sent by the Hinds County District Attorney. If you have a spouse that you wish to divorce, go out with them; drink more then them, than give them the keys to drive. While they are driving, cause a disruption, if not physically beat them, and when the car crashes just say that you don’t recall anything. In the meantime, watch them go to jail, while the prosecutor holds you harmless for your actions. Just as there is a zero tolerance with drinking and driving there should be the same intolerance with someone who disrupts a driver that results in accident. As the attorney General we are asking you to give this case the thorough investigation it deserves.

We are also asking to consider prosecutorial misconduct regarding certain actions done by the Hind’s County district attorney’s office. On the day of Karen’s sentencing, as a cross claim was filed by her, the district attorney in front of the television cameras publically denounced her. This woman who is the only witness in the death of two people was publically discredited with regards to a criminal case. This action is basically future jury tampering. This was done despite being a case in which a Weathersby ruling may apply. She is the only witness in the death of two people whose story has some corroborating evidence and therefore her testimony should be held as valid.

We are now asking for further investigation to see if Justice did prevail and that the law did right by these two young people who dedicated their lives to serve others. From beginning to end this case has had controversy. From improper evidence gathering, lack of pursuance of evidence and testimony, lack of consideration from the only witness in the death of two people, and the lack of action in considering any other possibilities except the initial one, is a violation of Lisa’s and Daniel Mark’s civil rights as human beings who are deserving of the full arm of the law.

We hope this letter will prompt action by you to give us as a family assurances that the law has not averted the privileged, and has done it’s very best in making sure that justice is properly served to all that may be responsible. We also hope that you will give us the courtesy of response to our request in this matter.


Thank you for your consideration


The Dedousis Family"

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Prominent Mississippi Democrat politician will be changing parties Wednesday afternoon. I'll tell you who tomorrow night. ;-)

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I'll post a full update later but the Hinds County Board of Supervisors meeting was very lively this morning . Board President Robert Graham was very aggressive in asking county officials why Hinds County did not have E-911. The reasons given were the same ones I posted yesterday: hardware improvements have been made, the map data needs to be updated, verified, and uploaded into AT&T's system. Officials estimated it should be "on" within six months. The Board went ahead and approved a proposal by a vendor to work with AT&T on the map data. Sources informed JJ certain supervisors became suddenly interested in the status of E-911 implementation in the last few weeks. That would be right after this site and WLBT started covering this issue. ;-)

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Just one problem with this letter. It happened five years ago. Please tell me the Clarion-Ledger didn't come across something sent five years ago and then publish it last week. I'm sure his family loved this reminder as I've already gotten a few emails that were filled with outrage.

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A humble little speech at the European Parliament recently:

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Have more information for you on the status of the upgrade of Hinds County's 911 system to include enhanced 911 services. Enhanced 911 allows responders to find your location on your cellphone if you call 911 but for some reason, you are unable to tell them where you are. Hinds County does not offer E-911 service while Madison, Rankin, and Warren Counties do. I've spoken to several Hinds County officials in the last few days and found out a few items of interest on this subject.

Much progress has been made on the upgrade. The Board of Supervisors approved AT&T to upgrade the system. AT&T has done its part in terms of upgrading the technology and hardware. There are two steps that need to take place before the switch can be "flipped". Hinds County is in the process of updating its map data. Once its updated, the data is uploaded into the new system. The current map data is fifteen years old and requires 60,000-70,000 corrections according to Hinds County officials.

There is also a separate contract that needs to be approved so another company can assist the county in completing this work. The Board is going to discuss the contract (there are two competing proposals) tomorrow at its regular meeting. The E-911 Board is trying to schedule a special meeting this month so it can approve said contract soooo the Board of Supervisors can approve it at the second regular December meeting. Sources also informed JJ Hinds County paid AT&T nearly $200,000 up front and is paying roughly $30,000 to $40,000 (sorry for not having the exact number) each month on a five-year contract. Sources have also informed JJ there is much pressure going on behind the scenes to make sure this contract is awarded this month so work can begin immediately. The same sources credited the media with forcing the issue.

The Northside Sun also stated in a story on the E-911 system in the current issue "reports claiming that Hinds County misspent millions of dollars in funding set aside for upgrading its 911 system are untrue according to Supervisor Robert Graham." There are no reports claiming the money was "misspent". WLBT questioned Mr. Graham and County officials why there was no E-911 system despite the tax levied on phone bills every month for the service. Neither Mr. Graham nor the officials offered any explanations and at times, blamed each other. This website went one step further and documented the fact that Board has borrowed against the E-911 funds to the tune of several million dollars every year for the last ten years. It is logical to ask if one reason there is no service is due to the fact the fund is used to pay county bills on a regular basis. WLBT and this site both reported the money is paid back and with interest. State Auditor Stacy Pickering stated in the WLBT story the interfund borrowing was legal and that he had tried to stop such borrowing until a county was phase-II compliant but the legislature resisted such efforts.

Mr. Graham nor the Board was accused of misspending or misappropriating anything. However, there is no question Hinds County is suffering from severe financial problems right now and has taken some actions such as using bond funds to make payroll, canceling audits, and buying white elephantine buildings. The taxpayers have a right to know how their E-911 taxes are used when Hinds County does not have E-911 and their leaders can't offer a straight answer. What is troubling is when questioned by WLBT, Mr. Graham, who owns a 911-training company, said he did not know why Hinds County did not have the system and blamed unnamed staff. He later told the Sun it was Hinds County Emergency Operations Center Director Jimmy Lewis's responsibility and blamed him. Mr. Lewis, who fired Mr. Graham's brother, disputed Mr. Graham's allegations and said he was never put in charge of the project. Regardless of who is at fault, it is entirely appropriate to ask where the money is going and why no enhanced system is in place when there is a great need for it in the capital city.

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HAPPY BIRTHDAY OZZY!!!!!!!!!!!!! Born in 1948. Yes, he's made it that long. If Ozzy can live that long on British health care with what he has done to his body and brains, well, maybe there is something to socialized medicine after all. Here are some of my favorite Ozzy songs:

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JJ discussed a case yesterday filed against local attorneys Richard Scwhartz and Vann Leonard by a Shirley Douglas. Ms. Douglas suffered injuries and damages from an auto accidence several years ago and retained Mr. Schwartz. She subsequently filed bankruptcy. Mr. Schwartz negotiated a $500,000 settlement for her. He hired Vann Leonard to apply to the bankruptcy court for approval of his fees of $172, 414 and gave Mr. Leonard the remainder of the funds to deposit with the bankruptcy court. The bankruptcy trustee and Ms. Douglas filed separate lawsuits alleging Mr. Leonard kept the money for himself and thus misappropriated the funds.

The crack EIB research team found this lil ole 1993 ruling handed down by the Mississippi Supreme Court regarding whether an attorney is liable for other attorneys he hires in Duggins v. Guardianship of Maurice Kendall Washington (632 So.2d 420, 1993). W.B. Duggins was an attorney in Vicksburg who associated Douglas Barfield on a case to pursue a medical malpractice claim. Mr. Barfield lied to Mr. Duggins and said he filed the lawsuit when in fact it was never filed and he gave him a case number to an older Barfield case. Mr. Barfield negotiated a settlement for the plaintiff then proceeded to misspend most of the funds. Mr. Barfield was subsequently prosecuted and convicted for his misdeeds.

The Court ruled Mr. Duggins was liable for Mr. Barfield's misdeeds even though he himself did nothing wrong:
"In this age of specialization of attorneys, it is not uncommon for the association of counsel in areas in which an attorney might not possess the required knowledge to pursue his client's claim. With this association goes the sharing of control and responsibilities, the work involved, and the rewards. However, too often overlooked are the liabilities and the possible exposure that go along with association. Such is the case with this present appeal..."

The Court said "The question at the heart of this case is whether an attorney who associates another attorney remains vicariously liable for the associated attorney's actions". The Court ruled they were partners and absent any written agreement to the contrary, which did not exist, Mr. Duggins was indeed liable for the actions of his "partner", Mr. Barfield. and that

"§ 79-12-27 (Mississippi Code) states:
The partnership is bound to make good the loss:
(a) Where one partner acting within the scope of his apparent authority receives money or property of a third person and misapplies it
(b) Where the partnership in the course of its business receives money or property of a third person and the money or property so received is misapplied by any partner while it is in the custody of the partnership.
Miss. Code Ann. § 79-12-27 (1972). This code section requires that one partner make good for another partner's misappropriation of money or property while in the custody of the partnership. Finally, the UPA provides that all partners are jointly and severally liable for all debts and obligations of the partnership. Miss. Code Ann. § 79-12-29 (1972)."

The Court also ruled Mr. Duggins was liable for punitive damages:
"Duggins argues that punitive damages should not be assessed against him since he was an innocent partner to the misappropriation of the guardianship's funds. He again cites Idom as supporting authority. However, it seems apparent that if Duggins can be found to be vicariously liable for the actions of Barfield, he can also be found liable for punitive damages. The venerable cases of Heirn and Robinson both found punitive damages appropriate against an innocent partner for actions done by another partner while engaged in work within the scope of the partnership. Although these cases are quite old, they have both withstood the test of time, with their legal reasonings and conclusions intact. The same statutory arguments used in finding Duggins vicariously liable for Barfield's actions can be applied for the imposition of punitive damages.."

It would seem Mr. Schwartz has something to worry about in terms of his association with Mr. Leonard.

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Some of the defendants in the McGregor prosecution are asking for a continuance. The U.S. Attorney for the Middle District of Alabama is prosecuting Milton McGregor, a casino operator, and several associates, lobbyists, and legislators for their participation in an alleged scheme to influence the Alabama legislature to enact gambling legislation favoring Mr. McGregor and his business interests.

Ronald Gilley, an "electronic bingo operator" and associate of Mr. McGregor, filed a motion for continuance, claiming the discovery is "massive": "The government has produced over 2700 calls deemed 'pertinent" by the Government, 50 hours of consensual recordings, and 180,000 bates-numbered pages of documents. It should be noted, however, that the Government has also produced so many computer disks that have significant quantities of information that are not bates-numbered that is hard to know where the final number of pages will end up."

The defendant further accuses the government of using a "rolling production" of discovery instead of giving the defendants all discovery at the same time. The defense claims more motions will probably be filed on discovery-related issues and additional discovery will be required. Mr. Gilley argues it will be nearly impossible to meet the discovery deadline of December 30, 2010 and the April 4, 2011 trial date. Mr. Gilley requests the court extend the discovery deadline to February 10, 2011 and continue the trial to September 19, 2011.



Related posts:
Government to McGregor: Nice try
As the Plains Burns (Copy of McGregor indictment included

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I just saw the refurb ones on ATT's website for $29.99.

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A bankruptcy trustee accused local attorneys Richard Schwartz and Vann Leonard of "misappropriating" a settlement of $500,000 in a complaint filed in bankruptcy court. Shirley Douglas was injured in an auto accident in June 2007. She retained Schwartz & Associates to recover damages from the other driver. Ms. Douglas filed a chapter 13 bankruptcy petition in July 2009. Schwartz obtained a $500,000 settlement for Ms. Douglas. She signed a standard contingency-fee agreement giving Schwartz a third of her settlement for his fee. Schwartz then hired attorney Vann Leonard to help obtain court approval of the settlement. The court approved the settlement and allowed Schwartz to collect $172,414 in attorney's fees. Mr. Leonard never tendered the remaining $327,585 to the court or Ms. Douglas.

The trustee states "Upon information and belief, the Trustee believes the settlement proceeds have been misappropriated by Defendants and converted to personal use. As such, Defendants have committed embezzlement against the bankruptcy estate under 18 USC Section 153 and theft of estate property." The trustee claims the last conversation with Mr. Leonard was on August 10, 2010 and the attorney said the "check is going out in the mail today." Ms. Douglas testified in an affidavit "Andy Kilpatrick, an attorney for Richard Schwartz, told me in a telephone conversation that Vann Leonard stole the settlement proceeds" and that no money from the settlement was paid to her or her estate.

Mr. Schwartz does not deny retaining Mr. Leonard or that Mr. Leonard misappropriated $327,585 but instead argues he is not responsible for Mr. Leonard's actions and the $172,414 was legally approved by the court and was for services rendered. It should be pointed out the settlement was more than enough to pay all of Ms. Douglas's debts and free her from Chapter 13. Unfortunately for Ms. Douglas, the bankruptcy court currently garnishes her wages to the tune of nearly $400 a month. Instead of gaining her freedom from chapter 13, the um, mishandling of the settlement has literally made her a wage slave.

The trustee and Ms. Douglas filed suit against Schwartz and Leonard. Philip Thomas, my blogging protege and editor of the blog Mississippi Litigation Review, represents Ms. Douglas. Mr. Thomas filed suit in circuit court against the two lawyers but the case has been removed to bankruptcy court. A motion for summary judgment filed by Mr. Thomas is currently pending against Mr. Schwartz and Mr. Leonard. Mr. Thomas claims in his filings Mr. Leonard is now the subject of a "criminal investigation" by the U.S. Attorney for the Northern District of Mississippi.

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Jackson crime stats for week ending November 14, 2010

Jackson major crimes overview for week ending November 14, 2010.

City of Madison crime reports through November 30, 2010.

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Kenneth Stokes kicked butt in the first "Who is the Worst Politician in the Jackson Area" poll. He kicked butt so much it really wasn't a fair poll sooooo therefor I am posting a new poll without Mr. Stoke's name on it. Vote early and often.

Kenneth Stokes	294 (44%)
Tim Johnson	81 (12%)
Governor Barbour	13 (1%)
Robert Graham	8 (1%)
Karl Banks	2 (0%)
Gene McGee	5 (0%)
Gary Rhodes	12 (1%)
Phil Bryant	22 (3%)
Harvey Johnson	13 (1%)
Chokwe Lumumba	75 (11%)
Mac	6 (0%)
Robert Smith (D.A.)	7 (1%)
Michael Guest	6 (0%)
Stacy Pickering	6 (0%)
Jim Hood	35 (5%)
Mary Hawkins-Butler	38 (5%)
Doug Anderson	5 (0%)
William Truly	19 (2%)
Ed Blackmon	19 (2%)

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Read it for yourself. Yes, I know, its a small part of the budget. However, earmarks are the fulcrum for much larger federal spending. "Hello Senator, don't want to vote to spend $800 billion to bail out this huge bank, no problem, we will just kill that earmark for your little project you promised to your constituents tomorrow. They'll understand." So the Senator votes for the bailout so his earmarks don't disappear. Earmarks need to go, both in the legislative and the executive branch.

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Cory Wilson, Chief of Staff for Mississippi Secretary of State Delbert Hoseman, announced he is leaving the agency in mid-January.

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FEMA is sticking it to a town over its levees according to yesterday's Wall Street Journal:

"GRANITE CITY, Ill.—The massive clay levee that has protected this steel town from Mississippi floodwaters for nearly six decades is 52 feet high and so wide that a two-lane service road snakes for miles along its crest.

"It's a monster," said Mayor Ed Hagnauer.

Now, new flood maps being drawn up by the Federal Emergency Management Agency are set to humble the great beast. By the end of next year, Granite City and the rest of the American Bottom region across the river from St. Louis will be labeled a special flood hazard area—essentially erasing 75 miles of levees because the government says they can't be trusted anymore....

Since the Corps wouldn't be able to fix the entire system for many years, officials in the three-county area sought and won state and local approval for a 1/4-cent sales tax to fix the levees themselves. An engineering firm hired by the region is conducting tests to determine how much work will be needed. In some areas, it will likely build new berms to shore up the levees. In others, it will install pipes to create relief wells that allow water pushing beneath the levees to escape without bringing along sand and other materials that could collapse the levee.

The region is racing against the clock. The repairs are expected to take about three years. FEMA's remapping is expected to take effect next year, triggering the flood-insurance requirement...." Article

FEMA's actions will cost the area $50 million in increased flood insurance costs, something residents say will wipe out the region. The city and other entities filed suit against FEMA (complaint and maps are posted below) seeking to reverse the decision.

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It's that time of year and you know what it means: It's time for my award-winning egg nog recipe:

Ingredients: 1 cup bourbon 1 cup brandy 1 cup Tia Maria
12 eggs, quart cream, quart half & half, 1/2 lb powdered sugar
--------------------------------------------------------------------------------
Directions: Separate eggs and combine booze and yokes and
whisk in 1/2 lb of powdered sugar.
Store in fridge for 24 hrs. Keep the whites chilled also.
24 hrs later, whip cream in large bowl until thick,
then add half & half and the yoke/booze mix.
Add the egg whites and whip till frothy.
Chill for a while before serving.

Get blowed up.

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The actuarial report on the SLRP fund is out. What, pray tell, is SLRP? The special retirement pay legislators get from the taxpayers in addition to their regular retirement pay. While the pay is less than a thousand dollars per month upon retirement, the report states the taxpayers pay nearly a half-million dollars in "employer" contributions every year and there is over $11 million in the fund. The report is posted below. Hmmm......that $11 million sure would take care of some Down Syndrome kids kicked off of the Medicaid rolls.

By the way, the report assumes an annual rate of return of......drum roll...... 8%.




Earlier posts on SLRP:
Clarion-Ledger editorializes on double-dipping
SLRP: Supplemental Legislative Retirement Plan or Pigs slrping at a trough?

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Many people complain about the Clarion-Ledger. The reporting is atrocious, it focuses on race, the coverage is dumbed-down, and it doesn't practice real journalism. Well, a little glimpse at my Google stats this week gives a hint as to why the newspaper has "dumbed" things down. I wrote two posts within a day of each other. One was on how the CL omits race from descriptions of criminal suspects. I just made a couple of brief points and left it at that. The next day I posted a story about how the Hinds County Board of Supervisors diverts millions of dollars in E911 funds every year. Since Hinds County does not have E911 service even though you have already paid for it, this is a pretty big deal.

The post about the newspaper and race generated twice as many "hits" as did the one about E911. The first post took all of ten minutes to write. The post about Quentin Whitwell's fundraiser got nearly twice as many hits as well. The post about his candidacy and the one about the CL policy I just mentioned received twice as many as the one about Eric Hamer's legal fees paid by Madison County. The one about E911 required several hours of research and a few more hours to actually write the post. If this is what newspapers experience, than you have only yourselves to blame to some degree for some of the flaws in the media you find so disagreeable. Don't think the editors and news directors don't notice these trends as well. I'm not complaining, far from it as I've made a commitment here to write posts such as the E911 post and am flattered WLBT thought enough of it to build upon it and take the story even further last week. I'm merely showing you what I and others see behind the scenes. I'm sure it affects their decision making much more than it does mine.

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Copy of indictment

The government filed two responses to defendant Milton McGregor's motion to dismiss in U.S. District Court last Monday (The motions to dismiss are not available online). The first response deals with McGregor's attempt to use Skilling in his favor. Skilling was handed down by the U.S. Supreme Court last year and narrowed the scope of the "honest services" laws. The Government says nice try, but Skilling didn't affect prosecutions for briberies and kickbacks. Its hard to see how McGregor can use Skilling to throw out his indictment since the government is alleging more than mere conflicts of interest.





The government points out some rather interesting arguments made by McGregor in his motion to dismiss: "legislators are not agents of the state when enacting legislation" and "the business and transactions of state government, including the legislative branch, include only 'commercial' activity, and not the routine business of the legislature, such as the drafting and voting to pass bills." The government then argues paying or offering bribes to an agent of the state or government agency that receives more than $10,000 in federal funding throws this argument out the window.

The law in question, 18 USC 666 (A)(2) states:
"(a) Whoever, if the circumstance described in subsection (b) of this section exists—
(2) corruptly gives, offers, or agrees to give anything of value to any person, with intent to influence or reward an agent of an organization or of a State, local or Indian tribal government, or any agency thereof, in connection with any business, transaction, or series of transactions of such organization, government, or agency involving anything of value of $5,000 or more.."

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Now THAT was funny. Need to win all of your games first THEN worry about the BCS.

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Closed for lunch but open for dinner. Call 601-366-1366 for reservations (optional).

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The Wall Street Journal reported this week on Governor Barbour's efforts to cut state government and how it plays into his presidential race plans:

"Anyone who says there isn't a part of state government that can't save money doesn't know what he's talking about," Mr. Barbour told his fellow governors at the Republican Governors Association meeting in San Diego on Thursday. "There is no department—the highway patrol, the crime lab, the highway department—that can't save money."

Mr. Barbour has taken an ax to his state's budget more than five times since September 2009. No agency has been spared, with education, mental health and other areas cut by almost 10% from what was originally budgeted for the 2010 fiscal year that ended June 30. He proposed another 8% to 10% cut for some agencies in 2011, and belt-tightening in 2012 is expected to continue.

At the same time Mr. Barbour has been cutting spending, he has been buoyed by access to more than $2.6 billion in funds from the controversial federal stimulus, which forestalled deeper cuts, and by two tax increases he signed into law. Those will be scrutinized closely by tax-averse GOP primary voters should he run for the party's presidential nomination..." Article

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This is unlike the usual JJ posts....but, the holidays...they are approaching...and I just want to remind everyone that the holidays are not so happy and merry for everyone. Don't want to be a Debbie Downer, but...Domestic Violence is the highest during the month of December...
1 out of 4 women are being abused right now...right now,someone is being abused. Right now, someone is crying out for help...right now someone is dying...
So while we are all out shopping and decorating, let's stop and BE THANKFUL for what we have...because there are alot ALOT of people who wish they had more...
As many know, I am a HUGE advocate for women's rights in the fight against domestic violence. This silent crime is something that is happening everyday...every minute...every second...and we need to raise awareness....I wrote this poem the other night and it has since been published with the National Coalitation Against Domestic Violence...they want to use it in all of their emotional appeals and publications. I am greatfully humbled and honored by the request. Take a minute to read it...process it....and let is sink in. If you are or you know of ANYONE who may be in a situation where they are being abused, please seek help. There is life out there beyond the abuse....


A Woman’s Prayer
By Rebekah Hixon

I dedicate this poem to the late Heather Spencer who was gruesomely killed by her boyfriend, George Bell, and every other victim of Domestic Violence....

Now I lay me down to sleep, I pray for my life I yearn to keep
He just beat me black and blue; He holds me down and bites me too.

It happens too much; when will it end
He’s much too strong; I can’t defend.

If I deserve this, what did I do?
He has my heart; I’m always true.

I never argue; the fights I dread
His fists rip thru me; He wants me dead.

I sit in silence; dripping blood down my face
With tears in my eyes; I await his embrace.

He’s always sorry; won’t happen again
His touch now softer; this is the end.

His snores means it’s over; atleast for the night
Tomorrow is a new day; yet another fight.

With fear in my soul and pain in my heart
Is this what they mean by “til death do us part”?

I don’t want to die; I can’t live this way
I want it to end…to just go away.

I ache all over, from my head to my feet
If I move I will wake him, I don’t want to be beat.

Now I lay me down to sleep, I must be strong- I will not weep.
My strength must help me live through the night
I pray for courage with all my might.

Lord please help me walk away; Please let me live another day
He’ll eventually kill me, this I know
But I love him Lord, please help me let go.

My prayers go unanswered; I begin to weep
My heart beats get softer; I slowly die in my sleep.

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AJ's on the Lake will be open Thanksgiving Day from 10:00 AM to 6:00 PM. Don't feel like cooking? Running behind and want that perfect Thanksgiving Day dinner? Give yourself and break and bring the family to AJ's. The cost is $35 per person (Dine-in menu on page two below.). The children's menu will be $12.95 per child. It offers the same choices as the adult menu but smaller portions. Special food can be prepared for toddlers. Reservations are not required but recommended. Call 601-856-2844.

Want to see the Saints beat the Cowboys? Watch the game on one of our six tv's in the bar Thursday. The bar will remain open until the conclusion of the game.

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Worst politician in Jackson metro area. Have at it.

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Ran a different poll from what is usually on here last week: What is your favorite cellphone. Over half of you chose the Iphone. I was a little surprised the Blackberries didn't do better as they sell just as well. Guess its all about the apps.

Iphone	159 (51%)
BB Bold (either one)	17 (5%)
HTC Hero	13 (4%)
Palm Pre	2 (0%)
BB Curve	39 (12%)
BB Torch	13 (4%)
HTC Aria	1 (0%)
BB Pearl	3 (0%)
Droid Incredible (HTC or Mot.)	3 (0%)
Samsung Galaxy	16 (5%)
HTC Desire	23 (7%)
Motorola Droid	15 (4%)
HTC Tilt	1 (0%)
HTC Evo	1 (0%)

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I did not know the State Auditor pushed to close this loophole that allows the Supervisors to "borrow" the money and am pleasantly surprised to see Mr. Pickering call out the legislature on this issue. Funny how Robert Graham defends it, saying its always repaid with interest. Sad answer, sad in that Mr. Graham does not get it. What matters is NOT the annual diversion of E-911 funds but the fact that Hinds County does not offer the service. Mr. Graham can not claim ignorance as he owns a company that offers training on 911 systems. Compare this video to his answers on the same issue a few weeks ago. One more example of how Mississippi is dead last in taking care of its citizens because its leaders again don't know how to manage budgets or do whats right. As I wrote last week: pitiful.

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WLBT reported two weeks ago Hinds County does not provide E-911 (Enhanced 911) service even though Hinds County residents pay a dedicated tax of one dollar on their phone bill each month for the service. E-911 service allows first-responders to determine where a caller is if he can not speak. Have an intruder in the house but don't want to give away your position? Badly hurt in a wreck and can dial the phone but can't talk? E-911 is a life-saver. Hinds County Board of Supervisors President Robert Graham and Hinds County employees blamed each other while offering no reasons why Hinds does not offer this service even though the Board voted on July 7, 2009 to allow AT&T to upgrade the county's 911 system (More details are on page four of the minutes.). Madison and Rankin Counties both provide the service.

JJ investigated the county's failure to provide E-911 one step further and discovered Hinds County diverts millions of dollars of E-911 funds every year to other accounts. The Board calls these diversions "interfund loans". The "loans" have been made near the end of each year since 2000 even though the law and literally a stack of Attorney General opinions state the county must spend E-911 funds only on E-911-related expenses. The Board repays the money the next year after the tax collector forwards tax payments in collected when property taxes are paid in January. The interest rate on the "loans" is 1.79%.

Minutes of the Board of Supervisor meetings show the Board "lent" various accounts such as the general, garbage & solid waste, library system, road, and payroll funds money from the E-911 account on the following dates (The loans and repayments are only posted on this site from 2004. It is important to note the loan amounts are the amount the county is authorized to borrow as it may not borrow the entire amount. The Deputy Chancery Clerk informed JJ the repayment amounts are the actual amount borrowed. ):

November 15, 2010: $2,000,000 loan
November 2, 2010: $400,00 loan
October 18, 2010: $650,000 loan
March 1, 2010: $2,300,000 repayment
February 1, 2010: $15,000 repayment

November 16, 2009: $235,000 loan
October 19, 2009: $2,700,000 loan
September 30, 2009: $1,550,000 repayment
August 31, 2009: $750,000 loan
July 20, 2009: $1,500,000 loan
March 2, 2009: $2,900,000 repayment
January 5, 2009: $500,000 loan

December 15, 2008: $600,000 loan
November 17, 2008: $2,500,000 loan
February 19, 2008: $2,220,000 repayment

December 17, 2007: $2,220,000 loan
October 15, 2007: $1,095 loan
February 20, 2007: $3,655,000 repayment
February 5, 2007: $155,000 loan
January 2, 2007: $730,000 loan

December 18, 2006: $2,300,000 loan
December 4, 2006: $700,000 loan
February 21, 2006: $2,560,000 repayment
February 6, 2006: $550,000 repayment
January 3, 2006: $550,000 loan

December 19, 2005: $2,540,000 loan
December 5, 2005: $100,000 loan
February 22, 2005: $2,100,000 repayment
January 4, 2005: $100,000 loan

December 20, 2004: $2,400,000 loan
March 1, 2004: $1,660,000 repayment
February 10, 204: $760,000 repayment
January 4, 2004: $760,000 loan

It is standard practice for counties to "borrow" money out of one account to pay bills in another account and then repay the money when it receives tax revenue. However, the Mississippi Code has a few things to say about the use of E-911 funds. Section 9-5-313 states:

"(1) The board of supervisors may levy an emergency telephone service charge in an amount not to exceed One Dollar ($1.00) per residential telephone subscriber line per month, One Dollar ($1.00) per Voice over Internet Protocol subscriber account per month, and Two Dollars ($2.00) per commercial telephone subscriber line per month for exchange telephone service.....

(2) If the proceeds generated by the emergency telephone service charge exceed the amount of monies necessary to fund the service, the board of supervisors may authorize such excess funds to be expended by the county and the municipalities in the counties to perform the duties and pay the costs relating to identifying roads, highways and streets...." Section 19-5-313

The law is pretty strict as there are literally more than fifty Attorney General opinions on the use of E-911 funds. The Attorney General has been consistent in its interpretation of the law regardless of who was in office: A county can not spend ANY E-911 funds on expenses not related to E-911 services. A county can not even use E-911 funds to buy weather radios (Baker 2010) or sirens. The Owens opinion (2009) prohibited Pike County from using the money to join the Emergency Communications Network. The Balduf (2000) opinion stated radios purchased had to be related to E-911 services. The Munn opinion (2001) barred Copiah County from purchasing defibrillators. The Attorney General stated:

"This office has issued several opinions on the use of excess E-911funds. Though beneficial, like weather radios, the purchase of defibrillators for use during emergencies in not a permissible expenditure under the statute. MS AG Op., Munn (Oct. 12, 2001). Also, excess E-911 funds may not be used to “purchase outdoor warning sirens.” MS AG Op., Souderes (Apr. 9, 2004). Numerous past opinions of this office have stated that any excess E-911 funds must only be used for the instances illustrated in Section 19-5-313(2)."

The current balance of the E-911 account is approximately $2,900,000. However, the Board just authorized a "loan" of $2,000,000 to other accounts so the fund balance will soon shrink to less than a million dollars. Instead of providing funds for much-needed enhancements to the 911 system, the E-911 account has morphed into a revolving credit card for Hinds County even though Hinds County residents pay for the enhanced service every month on their phone bills.

Hinds County Board President Robert Graham (and the operator of a company that trains first responders in providing 911 services) says "that is correct" when Marsha Thompson tells him "$3 million has been sitting in a fund that has not been used". Mr. Graham goes even further and states "There is no reason why we should not have it in place at this time." One can only wonder why Mr. Graham makes such a statement when he knows very good and well he and his board have been using most of the E-911 funds to pay other bills, the law be damned. It is time to ask if the use of the E-911 credit card is the reason Hinds County residents don't have the same life-saving services their neighbors enjoy.

Note: WLBT will cover this story this week.

Note II: Here are the definitions under Section 19-5-301:

"(f) "E911" shall mean Enhanced Universal Emergency Number Service or Enhanced 911 Service, which is a telephone exchange communications service whereby a Public Safety Answering Point (PSAP) designated by the county or local communications district may receive telephone calls dialed to the abbreviated telephone number 911. E911 Service includes lines and equipment necessary for the answering, transferring and dispatching of public emergency telephone calls originated by persons within the serving area who dial 911. Enhanced 911 Service includes the displaying of the name, address and other pertinent caller information as may be supplied by the service supplier.

(g) "Basic 911" shall mean a telephone service terminated in designated Public Safety Answering Points accessible by the public through telephone calls dialed to the abbreviated telephone number 911. Basic 911 is a voice service and does not display address or telephone number information."

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The Clarion-Ledger reports a woman was kidnapped at Freelons and raped. Contrast its coverage with other media:

"He is described as around 5 feet, 5 inches tall with dreadlocks, wearing an orange, hooded sweatshirt and jeans. Jackson police said they are unsure whether the woman knew her attacker.
Green said the man faces at least charges of rape, carjacking and kidnapping, with other possible charges pending."

WLBT: "Jackson Police are looking for the victim's car, a 2002 tan 4-door Buick Century, tag number HSH 459. The carjacker is described as a thin black male, about 5 feet 5 inches tall with dreadlocks.
He was wearing an orange hoodie and blue jeans at the time. Call Crimestoppers at 601-355-TIPS if you have any information."

WAPT: "He's described as a black man about 5 feet 5 inches tall, wearing an orange hoodie and blue jeans. He was last seen driving the victim's car, which is a 2002 tan Buick Century sedan with Mississippi tag number HSH 459.
Anyone with information should call Crimestoppers at 601-355-TIPS."

Pathetic. The local newspaper is not declining because of a so-called liberal editorial page. A paper can be liberal or conservative and still practice good journalism. However, garbage policies like this only disgust the public and give them one more reason to get their news from other sources. I'll put it this way Gannett: If the JFP and I agree on something, you are definitely on the wrong track.

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Price Leblanc passed away this week. He will be missed.

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