Thursday, February 16, 2012

Cecil Brown has some questions to ask about the pardons.

The House Democrats sent me the following column penned by none other than Representative Cecil Brown. Subject: pardons.

The recent flap over Haley Barbour’s 200 pardons and commutations has highlighted problems in our current gubernatorial clemency processes. At my request, the staff of the legislative Performance and Expenditure Review Committee (PEER) reviewed the files of those who were pardoned. The files for five of those who were pardoned could not be located. The files for 10 of those pardoned contained no application for pardon. (Such an application is required by parole board rules.) Sixteen applicants were granted pardons in spite of negative recommendations by the Parole Board. Thirteen of those sixteen received a unanimous “no” vote by the Board. The sixteen whose applications received no votes by the Board had been convicted of crimes ranging from murder to the manufacture and distribution of methamphetamine. It is important to note the report was from PEER staff pursuant to a legislative request and is not part of an official PEER Committee report.

Because of the public interest in the Karen Irby matter, I also asked the staff to review her file. The Governor’s office, the Parole Board and the Department of Corrections all reported that they could not locate a file for Karen Irby. It seems to have disappeared. If such a file exists, the Parole Board should have a copy because much of the information in such a file would have been collected by the Parole Board in fulfillment of its statutory duty.

Governor Barbour has maintained that in granting pardons and commutations he relied on the Parole Board recommendations. In at least 16 cases that appears to not be true. Unfortunately, whatever recommendations the Parole Board has made are not reflected in their minutes, probably a violation of state law. In addition, the Board keeps no record of what files they have transmitted to the Governor for review. Therefore, it is almost impossible to track individual recommendations from the Board to the Governor’s office, and control over the files, which are official government documents, cannot be maintained.

Finally, there is no record of where the requests for clemency originated. Did the Governor send a list of individuals to the Parole Board, or did the Board send a list to the Governor? There is no answer to that question in the records.

I will be introducing legislation to correct these problems in the current legislative session. I support the Governor’s right to grant clemency. It is an important tool to serve justice when properly executed. However, there should be a process in place to insure that there is proper documentation of all the relevant facts. All official actions of the Parole Board should be spread upon their minutes, and those minutes and all public documents should be preserved, tracked and available for public review. It is unconscionable that the Parole Board has handled such an important matter in such an off-handed manner.

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Rankin County passes animal shelter law

The Rez News blog reports the Rankin County Board of Supervisors passed an ordinance to regulate animal shelters yesterday. There is only one private animal shelter in Rankin County- the Animal Rescue Fund on Holly Bush Road. TRN post about new ordinance.

JJ reported on the proposed ordinance Monday. There have been a few minor tweaks to it. Shelters can only have 15 animals outside at any one time. The ordinance requires the animals to be kept in an enclosed facility with heating and air-conditioning (The female prisoners at MDOC in Rankin County do not get air conditioning but OK.). The county has the right to inspect the facility at any time without notice. Existing shelters are given seven months to become compliant with the new law.

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Latest crime stats

Here are the crime reports for Jackson, Madison, Byram as these are the only ones available online.

Jackson crime stats for week ending February 5, 2012.

Jackson major crimes overview for week ending February 5, 2012.

The crime reports state major crime is down 11% from the prior week. Property crime is down 8% and violent crime 21%.For the past 28 days however, violent crime is up 50% compared to last year while property crimes are down 8%. YTD property crime is unchanged from a year ago and violent crime is up 56%.

Precinct 4. House burglaries down 5% YTD from a year go. Big improvement when this crime was up by a third last year. Auto burglaries are down 29% while business burglaries have nearly doubled from five to nine. However, violent crime is up 69% compared to last year YTD with aggravated assaults and armed robberies leading the way. See page 10.

City of Madison crime reports through February 2, 2012.

City of Byram crime reports through February 11, 2012.

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Wednesday, February 15, 2012

Majority of housing in Ridgeland is now rental

Ridgeland has the highest rate of rental housing among cities in the Jackson metro area according to U.S. Census data from 2010. The census states Ridgeland's rental rate among housing units is 54.1%. Madison had the lowest rate at 6.7%. JJ reviewed 2010 census data and posted the review below. Flowood was the only other city over 50% at50.6%. Translation: The majority of housing in Ridgeland is rental housing. Jackson placed fourth at 45.6% although it lost the most population. Census website

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Where is the money?


JJ obtained a copy of the file for the Guardianship of Damon Mclinton. Mr. Mclinton inherited $3 million when his mother, Rebecca Henry died. Hinds County Chancellor Stuart Robinson established a guardianship for Damon McClinton in 2000 and appointed his father, Thomas McClinton as the guardian. Attorney Michael J. Brown represented Thomas McClinton. The Chancellor ordered the funds to be placed in a bank account for young McClinton. Chancellor Dewayne Thomas recently threw Mr. Brown in jail after he ruled Mr. Brown never deposited the money into a bank account but instead kept the money. Judge Thomas froze the assets of Michael Brown and Linus Shackelford. He is free on $100,000 bond. Earlier post

The file reviews a few details. The Chancellor ruled he would waive "bond and accounting" if all funds were placed into a bank account. Mr. McClinton also retained attorney Glover Russell, Jr. at Watkins Ludlam for a tax opinion regarding the estate taxes. The guardianship was closed in August 11, 2006 when Damon Clinton turned 21 (Yes, I know the court papers say "Demon" but in reality his name is "Damon").

What is interesting is Mr. Glover filed a petition to compel an accounting on November 21, 2005. Mr. Glover stated his representation was terminated on November 16, 2005 but that Mr. McClinton told him $300,000 was withdrawn from the estate without a court order and the loan remained unpaid. Mr. Russell also stated he was also told $1 million belonging to the Guardianship was "never deposited" into the estate. Mr. Russell said the check for $1 million was deposited into Mr. Brown's account and "was spent by Michael Brown and never deposited into the estate". Mr. Russell asked the court to require McClinton's father to account for the $300,000, account for the $1 million, and appoint a representative for Mr. Ward.

Mr. Glover also included a promissory note for $300,000 dated February 11, 2011 signed by Linus Shackelford as an exhibit to the petition. Mr. Shackelford signed individually and as President of Lakeland Place, LLC. The note gives 20 acres owned by Mr. Shackelford as security for the loan. Exhibit B is a copy of a check signed by Mr. McClinton made out to Michael. Brown.

There is no disposition or adjudication of the petition in the file. There is one document that states it was discussed at a hearing, but there are no documents stating it was dismissed, granted, or anything (I will leave open the possibility the Chancellor is reviewing the file as he keeps it in his chambers and some documents are in his actual possession.). However, a motion to recuse filed by Mr. Brown on February 1, 2012 states Chancellor Robinson heard the petition on August 11, 2006, "heard all evidence, and signed off on accountings and closed the guardianship."

Several accountings were provided to the court but Chancellor Thomas (Case was assigned to him after Chancellor Robinson left the bench.) ruled these were completely fraudulent.

The elder McClinton filed a petition to reopen the guardianship in 2009 and claimed "money was intercepted by Attorney Mike Brown and placed into his trust account." The petition didn't stop there but accused the lawyer of "forging" Thomas McClinton's signature "in order to obtain the funds that were supposed to go to the guardianship." The petition also alleges Mr. Brown "checked out the entire guardianship file and has not returned it." Mr. Mclinton claimed "part or all of the fraudulently obtained money has been invested in a cemetary run or owned by Linus Shackelford." The petition also includes a promissory note for $507,745 at an interest rate of 6% payable within one year signed by Michael J. Brown on November 29, 2007.

Mr. McClinton then filed a petition to compel an accounting on December 2, 2010 to "determine where and why the money from the guardianship" went to Brown and Shackelford. The petition also asks for "accounting" information for two checks in the amounts of $205,020 and $32,725 "cashed and posted" on or about January 6, 2003. The petition also asks the Court to order Mr. Shackelford to show he repaid the loan.

Mr. Brown filed a motion asking Chancellor Thomas to recuse himself from the case. Mr. Brown alleged the Chancellor and Brent Hazard, the attorney for Mr. McClinton, were friends.

What is really funny is Michael J. Brown informed the court he was unable to locate the file or the bank statements. He would love to find them, you see. He would really, really, like to provide them to the court. BUT there were two major water leaks in his office and many old closed files and bank records were destroyed and lost. Mr. Brown also defends himself by arguing "There has never been any written statement offered to any court that any unauthorized transfer had occurred." Mr. Brown filed a Notice to Court of Unavailability of File and Bank Statements on February 1, 2012. Yup, just like Vann Leonard. Hard drive crashed. Water damage. Dog ate my homework.

Stay tuned. There is more to come.





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Greg Davis: its everyone's fault but his.

Southaven Mayor Greg "His Name is Lancelot" Davis blames shady land deals on the Southaven Board of Aldermen. See, he's just an ignorant rube and didn't approve anything. It's those Aldermen that approved sweetheart deals with his friends. Never mind searching the title, appraising the property, and putting the deal together is the Mayor's responsibility. Nope, it's the Aldermen's fault. The AP reports:

"SOUTHAVEN — Southaven Mayor Greg Davis, speaking publicly for the first time about business dealings that benefited friends and associates, said he believes he did nothing wrong because the city’s aldermen approved all transactions.

Davis spoke yesterday with The Commercial Appeal about deals involving a Florida condominium he co-owns with a developer who has received more than $3.4 million through real estate dealings with the city since 2008, a fire station that could cost taxpayers up to $4 million because of an unusual no-bid contract negotiated by Davis, and other recently reported transactions....

Davis, who is under criminal investigation for misuse of city funds after being ordered by the state auditor to repay about $170,000, said he couldn’t do anything without approval from the Board of Aldermen.

“What I think people need to realize is I don’t sign contracts without board authority,” said Davis, 45. “I don’t approve payments, so I don’t see how there could be any correlation between me returning favors for anyone because I am not the decision-maker. My job is to implement the policies approved by the board.”

One alderman responded to Davis’ comments by saying again that the mayor kept them in the dark about much of what he was doing.

“He would bring us the deals that we trusted him to present honestly and ethically but would give us half the story,” Alderman Ronnie Hale said. “He is speaking out to the media now because he is in this blame game, trying to take the heat off himself so he will look better. But we are not playing games with him. We are here to do what is in the best interest of the citizens.”....

Regarding a 20-acre site where Roberts’ firm, RH Holdings, pocketed $45,000 for a single day’s work, Davis said he didn’t know how much his friend made from the transaction.

“I was not there when he closed on the deal,” Davis said. “I can’t emphasize enough that a mayor in a co-chartered city, by law, doesn’t enter into land deals or authorize payments on these deals.
”.." Article

Dear Lancelot, when the city spends over $300,000 on a tract of land, it is supposed to do what is called a title search. That is where the attorney reviews the ownership of the land and then notifies the buyer and/or lender of any defects in title. In this case, the lawyer for the city should have told the city the land belonged to someone else other than the claimed seller so the blame falls right back on the Mayor, who will probably blame some poor secretary making $25,000 for the whole mess. BUT we are not finished with Lancelot. The Commercial Appeal reported today the Chamber of Commerce paid his expenses, no questions asked, no receipts needed. I kid you not:

"The reports released Tuesday by the chamber to The Commercial Appeal include a statement by auditors saying they "were unable to examine sufficient documentation'' involving $75,800 in expenses incurred in 2008 and 2009.

Overall, Davis is believed to have received as much as $123,807 from the chamber between 2008 and 2010 for expenses incurred while promoting the city to prospective businesses.

A source familiar with the reports said the chamber couldn't fulfill auditors' demands for documentation because the organization didn't require Davis to submit receipts and simply accepted periodic handwritten invoices from the mayor
..." Article


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Tuesday, February 14, 2012

Happy Valentine's Day

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Update on the proposed event fees for Reservoir

The Shoreline Committee of the PRVWSD met yesterday to discussed a proposed fee increase for events held at Reservoir parks. The fee is currently $500 per event. The proposal recommends increasing the fee for events attended by over 1,500 people to the greater of $1,500 or 10% of the gross revenue from the event. The district will consider moneys paid by sponsors, vendors, participants, and attendees to be part of the gross revenue.

I spent most of the morning talking to various groups affected by the new fees- the Mississippi Symphony Orchestra, Madison Chamber of Commerce, Brown Bottling, and John Sigman, the Executive Director of the District. Here is what I learned.

There are two large events held at the Reservoir and they are both in May: the Regatta and Pepsi Pops. Approximately 3,000 people attend Pepsi Pops and 5,000 attend the Regatta. The new fee of 10% is taken from all revenue before expenses are paid. The trash is picked up by MSO and Chamber personnel and not district employees even though Mr. Sigman told the Clarion-Ledger:

"However, John Sigman, executive director of PRVWSD, said his agency doesn't receive state tax dollars, leaving him little other option than to assess a fee to recoup funds spent on preparing and cleaning the public parks where these events are held."

If there was one fact everyone I spoke to agreed on it was the event sponsors clean up the park immediately after the event is over. No district personnel are used. The policy states the financial responsibility for security belongs to the event sponsor. They said Ridgeland Police Department provides security and traffic detail for the two events.

The event sponsors also told JJ they were not notified about the new fees until late January when they called to make appointments to discuss logistics for the upcoming events in May. They claim no notice was given to them prior to the vote for the new fees by the Park Committee in January. They also claim the district did not notify them of the new changes until they called.. Budgets were set early last summer and tickets were already sold. For example, the MRSO includes Pepsi Pops in its season ticket package. Season tickets are paid by the end of August. The Symphony thus had no opportunity to plan for the 10% fee or include the increase in its season ticket prices. The Chamber itself was going to finally break even this year after 50 teams entered the event. This increase will put them back in the red.

The main complaint everyone has about the fee increase is there was no notice, a vote was taken, and they were told about it a little more than 90 days prior to the event. The agendas and minutes are not published on the district's website. Everyone said the same thing: this increase would cause the sponsors to lose money on these events.

Mr. Sigman told JJ the district supported these events and enjoys hosting them. However, he said the total expense to the district is two to three thousand dollars per event (He said he was guesstimating off of the top of his head.). The district does not issue new contracts until January and none had been signed. Mr. Sigman said the district called each party and told them about the proposed policy. Mr. Sigman was adamant in stating the district only receives fees from leaseholds and it can't afford to lose money on these events. The board has not approved the proposal and will consider it at its regular meeting on Thursday.

Disclosure: The MSO advertises Pepsi Pops on this site. Link to original post

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What is wrong with this picture.

Anyone notice something wrong with this picture? Taken at McDades.




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Monday, February 13, 2012

Killling the goose. Updated.

Committee of the PRVWSD holds a meeting today and announces it will increase the fees for events held at the parks. Caught everyone by surprise. I am trying to get a copy of the one page memo, but it the kicker is this condition: It will raise the fees for events of over 1,500 people to the GREATER of either $1,500 or 10% of the gross receipts if admission is charged. That is big deal to events such as Pepsi Pops. Huge deal. WLBT will cover this story tonight with Marsha Thompson. The 10% charge will apply to smaller events as well. The board will take this up Thursday morning.

The Rez News blog has just published a post about the meeting today. The TRN attended the meeting and published a copy of the new policy and a letter from the Mississippi Symphony Orchestra to the district. Link to post. Here is a copy of the new policy:



WLBT story


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Rankin looking to regulate animal shelters.

The Rankin County Board of Supervisors is considering issuing new regulations on the operation of animal shelters. The Rez News blog published a copy of a proposed ordinance drafted by the board's attorney. Here are some highlights:

*No shelter can operate in an area zoned residential.
*Dogs have to be housed inside a "fully enclosed, insulated, sound-proofed, heated, and cooled structure". Floors are to have "adequate drainage".
*No more than 20 dogs are allowed outside at any one time.
*Limit of one grazing animal per 1 acre of grazing area.
*Plans & specs of all structures must be submitted to the county for approval.
*Structure must be "impervious to moisture and may be readily cleaned."
*Must have adequate electric power
*Must have potable water.
*Must have washrooms or sinks to for hygiene needs of caretakers. Two-compartment sink required for cleaning equipment used for animal care.
*Lighting for a minimum of 8 hours per day in enclosed area.
*Cats: Must be kept in stainless steel cage. If cats in shelter for more than 30 days, there must be at least 12 square feet of space per cat.
*Food and sanitation regulations are listed.
*Open supplies of food shall be stored in waterproof containers.
*Animals are to be fed at least once a day.
*Penalties: First offense: $500-$1,000 and/or imprisonment up to 30 days OR both. Second offense: fine of $1,001-$5,000 and/or imprisonment up to one year. Third offense in five years: second offense penalties and SHALL have its license revoked.
*County has right to inspect the shelter at any time and without notice to owner. County can take any measure to enforce ordinance if it determines the shelter is not in compliance.

Pretty strict. Clearly the county is ignoring the zoning issue and instead passing animal welfare legislation. This is a proposed ordinance and has not been formally submitted to the board. Link to Rez News and draft of proposed ordinance.

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Monthly meeting of the Rankin County School board

Here is the video from the monthly meeting of the Rankin School Board last week. First hour is awards and presentations. The board recognized the district guidance counselors as its Guidance Counselor Month. The Dance teams from Brandon and NW Rankin High Schools were recognized as well. NW Rankin won state in Jazz dance and Brandon placed 16th at a National Hip-Hop competition. The pistol team from NW Rankin High School was recognized as well. They are attending a national competition this week. Here is the video and the monthly awards.





Monthly honors winners. Pictured back row from left are Crystal Creel, Rankin County School District; Tina Reeves,Rankin County School District; Dr. Charles Frazier, Brandon Middle School and President of theRankin County School Board Ann Sturdivant. Front row from left are Dr. Lynn Weathersby, Superintendent of Rankin County Schools; Debbie Martin, Florence Middle School; Jaelyn Hanson, Flowood Elementary School; Amy Rummage; Richland High School and Tammy Carlee, Frontiers.






Here are the minutes from the January 11, 2012 meeting.




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Sunday, February 12, 2012

House fire in progress

Corner of Wayneland and Reddoch. Don't know who's house this is. Doesn't look like it's Mr. Ted's or the Putnams'. Hope everyone is ok. Here are some photos and a video.






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Whitfield sues Ridgeland PD over perjury

Ridgeland resident Dwight Whitfield sued the Ridgeland Police Department, former Officer Daniel Soto, the Mississippi Department of Public Safety in December for violating his civil rights. Mr. Whitfield was arrested at a traffic stop in 2008 by Officer Soto. The charges were dismissed on appeal when it was discovered Officer Soto lied about the existence of videotape clearing Mr. Whitfield. Mr. Whitfield is represented by former Justice Chuck McRae.

Officer Soto stopped Mr. Whitfield on December 7, 2008 on Old Canton Road. There is no evidence Mr. Soto said "Climb Mount Nitaki" during the arrest. The Ridgeland police officer won MADD's Officer of the Year after he had 312 DUI arrests and convictions in 2008. The complaint alleges a Ridgeland police officer radioed Officer Soto and said Mr. Whitfield had pulled into the Shell Gas Station (considered to be the informal precinct for RPD), turned around, and went south on Old Canton Road. Officer Soto stopped Mr. Whitfield and informed him he was speeding. Mr. Whitfield disagreed with the police officer's accusation and "invoked his fifth amendment." The arrest report (posted below) states Mr. Whitfield's eyes were bloodshot and glassy. The report states Mr. Whitfield was unsteady on his feet and that he "stumbled backwards and nearly tripped on the curb." Mr. Soto said he smelled alcohol from Mr. Whitfield's breath. The complaint states Officer Soto turned off his microphone, "essentially cutting off all audio of this particular stop." Officer Soto arrested Mr. Whitfield and charged him with speeding, DUI refusal, and no proof of insurance.

Mr. Whitfield was found guilty and ordered to serve 48 hours in jail (suspended) and fined $1,221. The complaint states his attorney and appearance bond fees were over $15,000. The complaint also alleges Officer Soto said there was no video of the arrest because his car did not have video capability. Mr. Whitfield also stated in county court Mr. Whitfield was arrested 2 minutes and 46 seconds after he was "pulled over". The case was dismissed after the defense showed Officer Soto lied about the existence of the videotape. The city of Ridgeland withdrew its case after Officer Soto's truthfulness was compromised.

The complaint also attacks the Intoxilyzer 800, the device used as a "breathalyzer" by RPD, the Highway Patrol, and other law enforcement agencies as "junk science", claiming the defendant has no access to the "source code". Mr. McRae argues the defendant can not "determine the criteria" used to "convert the data to a chemical percentage gauging one's alcohol level." The complaint charges the state of Mississippi allows polic departments to use this device. Mr. Whitfield claims the MHP directs all other law enforcement agencies in Mississippi to use the Intoxilyzer 800 (page 17 of complaint.).

The complaint charges the defendants with one count of deprivation of civil rights under 42 USC Section 1983 and one count of deprivation of constitutional rights under the Mississippi Implied Consent Law (Ms. Code 63, Chapter 11). The plaintiff asks for punitive damages over $1 million and attorney's fees, an injunction to keep the defendants from using the Intoxilyzer 800, and that the Implied Consent Law be declared unconstitutional. Ridgeland filed a response denying all claims. It should be noted attorney Saundra Strong represents both Ridgeland and Officer Soto. Mr. Soto is no longer employed by the Ridgeland Police Department.

Earlier post





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Saturday, February 11, 2012

Its time to Part-AAAAAYYYYY!!!!

Look who's having a birthday party.

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Saturday morning cartoons

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Friday, February 10, 2012

Brown free

Michael J. Brown is free and out on bail.
Sent via BlackBerry by AT&T

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MBJ eyeballs KiOR

The Mississippi Business Journal published a story written by star reporter Amy McCullough on one of Mississippi's bio-fuels experiments. Apparently there are some questions about the financial health of a company that received a $75 million interest free loan from the Mississippi Development Authority:

"The eyes of the international renewable-fuels community are fixed on KiOR (NASDAQ:KIOR), a Texas-based company in which Mississippi has a large stake — specifically a $75 million interest-free loan administered by the Mississippi Development Authority. KiOR plans to build five plants in Mississippi that should convert wood chips to renewable crude through a process called pyrolysis, a feat only accomplished in test facilities.

Biofuels experts, like Sumesh Arora, director of the Strategic Biomass Solutions division of the Mississippi Technology Alliance, laud KiOR as a great fit for Mississippi, which has abundant biomass resources.

“KiOR’s first location at the port in Columbus, Miss., lends itself well to utilize the tremendous pine wood biomass resources in the state for converting into next generation biofuels. KiOR features prominently in the ‘Biofuels Digest’ index of publicly traded biofuels companies, and I believe that market forces will govern the success of this sector as we move forward,” Arora said, noting that KiOR’s CEO Fred Cannon even ranked No. 20 on this year’s list of the top 100 people in bioenergy worldwide.

But some of those looking at the company strictly from a financial standpoint are more skeptical.

On Jan. 13, CNBC’s Stock Blog said KiOR was “bleeding cash” and investors were looking at shorting it, or making money by betting the company’s stock price will continue to fall. ”It needs upwards of $100 million more just to get its two plants going and to reach profitability, and that assumes no glitches,” the report said.

The Columbus plant appears to have already experienced at least $15 million in “glitches,” with more cost overruns expected, based on regulatory filings with the Securities and Exchange Commission. KiOR is in the site selection process for its next Mississippi plant, which is set for Newton County with an estimated cost of $460 million. The plant currently under construction on a 22-acre site at the Columbus-Lowndes County Port was originally estimated to cost $110 million, according to “Pointe Innovation,” an MTA publication. Based on KiOR’s Sept. 30, 2011, financial statements filed with the SEC, the company has already spent over $125 million on the construction of Columbus plant. The MDA says the facility is expected to be in production by third quarter of this year.

In its SEC filing, KiOR explains that it is a “development stage enterprise” and “expects to continue to incur operating losses through at least 2013 as it continues into the commercialization stage of its business. The Company’s ultimate success is dependent upon the successful transition of the Company from primarily a research and development company to an operating company...

For the nine months ending Sept. 30, 2011, KiOR reported no revenues and realized a net loss to stockholders of $68.8 million. Although KiOR has yet to record any revenue and management expects to continue to incur losses through 2013, the company does maintain that it has the balance sheet to support its continued investments. Management noted: “We (KiOR) believe that our $152.2 million of cash and cash equivalents as of Sept., 30, 2011 and $35.6 million of remaining available borrowings as of Sept., 30, 2011, under our $75 million interest-free loan from the Mississippi Development Authority will enable us to meet our liquidity needs for the next 12 months.”

Under the MDA agreement, KiOR made a commitment to make certain investments in Mississippi by Dec. 31, 2015, including $500 million in property, plant and equipment as well as wages and direct local purchases of $85 million.

KiOR recently received a cash infusion on Jan. 27 when it announced it closed a new $75 million loan with a lender group comprised of an affiliate of Vinod Khosla and two Canadian corporations owned by certain pension fund clients of Alberta Investment Management Corporation (AIMCo)..
..." SEC filings, Rest of article

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Farewell to Elizabeth Crisp

I hate writing these posts. Best wishes to Clarion-Ledger reporter Elizabeth Crisp as she heads to St. Louis for bigger and better things. I thought she was the best reporter at the Clarion-Ledger as she wrote without an agenda, did her homework, and always tried to get the facts straight (and yes, I'm including Jerry Mitchell in that group.). She took her job seriously and was always trying to improve her knowledge of the legislature as it was her regular beat. I predict Ms. Crisp will leave St. Louis for even better things one day, such as New York or Washington.

Oh, and there were twelve more buyouts at the Clarion-Ledger.

Update: Just got word on some who were offered buyouts. Do NOT, repeat do NOT know if they accepted the buyouts. Brace yourselves: Rick Cleveland, Bobby Cleveland, Gary Pettus, Bill Zimmerman (copy desk),David Hampton, Earnest Hart, and Debbie Skipper. Others eligible but do NOT know if they were offered: Billy Watkins, Wow.

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Cholly pumps Supertalk

Columnist Charlie Mitchell, formerly of the Vicksburg Evening Post and now teaching young scribes at Ole Miss, penned a little column in yesterday's Clarion-Ledger extolling the virtues of Supertalk Mississippi (97.3 FM). Some excerpts:

This may sound like a commercial for a radio network. It's not meant to be.

It's just that how and where state government junkies get information has changed. Jackson-based SuperTalk Mississippi is in the driver's seat. That's worth talking about.

And talk, of course, is what they do.

The nine FM radio stations in the network blanket the state. For those who can't pick up a signal - or who want to see the show in addition to hearing it - SuperTalk is on the Internet
."

You can't escape. They are everywhere. Give in. But I digress.

"For listeners, the best asset of SuperTalk Mississippi is the guests. Want to know what's going on with suggested changes in Public Employee Retirement System benefits? Tune in and the chairman of the study commission is likely to be on air explaining the findings.

Want to know what's going on with prisons, pardons, Medicaid funding, traffic cameras - you name it? The people in the key decision-making positions are likely to be on the air, taking questions.

This type of exchange has not existed previously in Mississippi. MPB television has a longstanding show, Quorum, with a panel of legislators.

But it's usually so boring and self-serving even the lawmakers' mothers find a reason not to watch
."

"The state's newspapers do the best they can, but fewer than ever have reporters assigned to the state capital. There are some really good websites, blogs and alternative papers reporting and jawboning state topics. SuperTalk also uses multiple platforms, including social media. Most in its audience, however, probably just listen...

Notably, however, they are continuing to call in or go to the studios to explain or discuss the state's news. It would be better if the hosts challenged their guests more, but the hosts are not sycophants. They ask pretty good questions and usually get to the nut of the issues
."

But then there is this nugget:

"Gauging by the number of public service announcements aired free during the shows, SuperTalk Mississippi, as with other commercial media, doesn't have as many advertising customers as it would like to have. Maybe the "state news junkie" demographic is too small."

Looks like we got ourselves a winner over on Ridgewood Road.

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Thursday, February 9, 2012

Video from today's pardon hearing.

I am uploading video from today's hearing at the Mississippi Supreme Court right now. Rather than make one monster post and the publish it, I am posting the videos as I upload them. Bear with me as it will be awhile before they all get uploaded. Enjoy.


Fortner leads off after Waller warns the lawyers about "grandstanding" and "political soundbites. Griffin at 29:00.


All arguments by Griffin.


Griffin continued. Cynthia Stewart at 3:50. Got hammered. 15:20: Ed Blackmon starts. Only had five minutes but worth watching. Wish he had had more time. Funny moment.


Hood steps up to the plate. Nothing but Jim Hood all the time for the next 90 minutes. So much for the other lawyers that were sitting there on the bench and did a good job last week. Kind of like Jarrett Lee sitting on the bench while Jordan Jefferson & Les Miles fumble around in front of the whole country.




15:15: Justice trips up Hood on an interesting argument: Why is it ok for you to ignore part of Section 124 but not ok for Haley? Rebuttals from Griffin and Fortner follow.






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Open thread about pardon hearing.

Fire away.

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Wednesday, February 8, 2012

Follow hearing on Twitter tomorrow.

I will be tweeting the hearing as it takes place tomorrow. kingfish1935 is the Twitter handle.

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Ghosts from chases past.

You can't make this up. You.just.can't. There was a lawsuit filed over ten years ago that was decided by the Mississippi Supreme Court. The opinion states:

"Wilks was killed at the intersection of Ridgewood Road and Ridgewood Court when the vehicle she was driving was struck by a Toyota Land Cruiser driven by a car thief who ran a red light while being chased by Ridgeland police."

What was the name of the case? Southern Heritage Insurance versus Frazier Construction. Case. You read that correctly. The opinion states:

"One morning, Clayton Frazier, an employee of Frazier Construction, left the keys to a Toyota Land Cruiser owned by Frazier Construction in the ignition of the vehicle while he delivered some papers to an architectural firm on North President Street in Jackson, Mississippi.   During the approximately five minutes Frazier was in the office, Misty Dawn Joyce seized the opportunity and stole the Land Cruiser.   That afternoon, Peggy Wilks was crossing Ridgewood Road through a green light when the Land Cruiser Joyce was driving struck her car violently on the driver's side.   Joyce was fleeing pursuit by the Ridgeland police and had crossed into an oncoming lane of traffic to run the red light she faced.   Wilks was killed in the collision, and Joyce was arrested.   Southern Heritage filed this lawsuit on behalf of its insured, Wilks, claiming Frazier Construction was liable for the negligence of its employee, Clayton Frazier, who was acting within the scope of his employment."

Unbelievable. Now if it had been Claiborne THAT would've been really freaky.

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Pre-game

Hearing on Barbour pardons is tomorrow at the Mississippi Supreme Court. If you want to read some of the briefs filed, NMC posted them over on his site.

Click Here to Read More..

Is Beeeeeeeeert Case going to put on the badge?

Could happen. After Beeeeeert Case captured the suspect in Madison County a few weeks ago, Lee Vance of JPD called him up and offered him a job. No word yet on whether Mr. Case will accept the offer of employment.

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PIMCO's Bill Gross has a few things to say about the economy

Liberal or conservative, Republican or Democrat, read this essay by PIMCO's Bill Gross. He has a few things to say about the economy and they are worth reading as he points out the upside to bonds is nearly zero while the downside is huge:

"Most short to intermediate Treasury yields, however, are dangerously close to the zero-bound which imply little if any room to fall: no margin, no air underneath those bond yields and therefore limited, if any, price appreciation. What incentive does a bank have to buy two-year Treasuries at 20 basis points when they can park overnight reserves with the Fed at 25? What incentives do investment managers or even individual investors have to take price risk with a five-, 10- or 30-year Treasury when there are multiples of downside price risk compared to appreciation? At 75 basis points, a five-year Treasury can only rationally appreciate by two more points, but theoretically can go down by an unlimited amount. Duration risk and flatness at the zero-bound, to make the simple point, can freeze and trap liquidity by convincing investors to hold cash as opposed to extend credit.

Where else can one go, however? We can’t put $100 trillion of credit in a system-wide mattress, can we? Of course not, but we can move in that direction by delevering and refusing to extend maturities and duration. Recent central bank behavior, including that of the U.S. Fed, provides assurances that short and intermediate yields will not change, and therefore bond prices are not likely threatened on the downside. Still, zero-bound money may kill as opposed to create credit. Developed economies where these low yields reside may suffer accordingly. It may as well, induce inflationary distortions that give a rise to commodities and gold as store of value alternatives when there is little value left in paper.

Where does credit go when it dies? It goes back to where it came from. It delevers, it slows and inhibits economic growth, and it turns economic theory upside down, ultimately challenging the wisdom of policymakers. We’ll all be making this up as we go along for what may seem like an eternity. A 30-50 year virtuous cycle of credit expansion which has produced outsize paranormal returns for financial assets – bonds, stocks, real estate and commodities alike – is now delevering because of excessive “risk” and the “price” of money at the zero-bound. We are witnessing the death of abundance and the borning of austerity, for what may be a long, long time
." Rest of essay


This is a dilemma facing PERS as over half of its portfolio is in equities. The problem is, there will likely be little price appreciation in treasuries while the yields are near zero and below the inflation rate- thus PERS would lose money if it replaces equities holdings with short-term treasuries.

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Tuesday, February 7, 2012

Judge Thomas sets bond for Mike Brown at $100,000

Hinds County Chancellor Dwayne Thomas set bond at $100,000 for attorney Mike Brown in a hearing this morning. The Chancellor threw the lawyer in jail last week after he ruled he had taken all of a $3 million inheritance meant for then 16 year-old Demon McClinton. Mr. Brown was represented by attorney Clayton Lockhart.

Mr. Lockhart told the Chancellor he thought the hearing as held for the purpose of setting bond and requested house arrest, telling the court "He's not going anywhere". Judge Thomas asked "what kind of bond can you raise? and after it was clear Mr. Brown could not raise much money, told Mr. Lockhart "Do you know how much money is involved here?" It turned out Mr. Lockhart did not know bond had already been set. Mr. Brown asked once to address the court but the Chancellor said he could do so through his attorney.

Judge Thomas set it at $100,000 and said he would hear the motion to reconsider at a hearing on March 20, 2012 at 1:30 PM. Judge Thomas also ruled the jailed attorney must also provide an accounting of the estate and explain where the money was transferred. The Chancellor also ruled Mr. Brown can not leave the state without his permission if he posts bond. He can use a bonding agent. Judge Thomas decreed the bond must be paid to the guardianship of Demon McClinton.



Earlier posts:
Judge Thomas freezes assets of Brown & Shackledord
Lawyer jailed for embezzling $3 million left to Aaron Henry's Grandson

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Bert blows it

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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Monday, February 6, 2012

Judge freezes assets of Mike Brown & Linus Shackleford, sets bond

Hinds County Chancellor Dewayne Thomas froze the assets of attorney Michael J. Brown and Linus Shackleford after ruling they looted the inheritance of Damon McClinton. Judge Thomas ruled on Friday:

"funds from the... guardianship illegally taken by Mr. Mike James Brown and invested or loaned to Mr. Linus Shackleford and/or Lakeland Place, LLC. Due to this illegal transfer of funds without Court approval and to prevent any further fraudulent conveyances, this Court temporarily enjoins Mr. Mike James Brown, Linus Shackleford, and Lakeland Place, LLC from transferring and/or disposing of any real or personal property until the show cause hearing dated March 20, 2012."

The order also freezes all bank accounts, stocks, bonds, cash, safety deposit boxes or "other assets". Judge Thomas also issued an order setting Mr. Brown's bond at $100,000. Judge Thomas will hold a "show cause" hearing for the Flowood attorney on March 20, 2012 at 1:30 PM "to show cause why criminal contempt should not be ordered by this Court for not depositing the monies of the guardianship" in a bank account and why he should not be jailed for civil contempt until he submits to the court a "proper accounting of the guardianship and he returns all monies plus interest..."

Mr. Brown was arrested for contempt of court February 2 after he was unable to provide for an accounting in the estate of Rebecca Henry. Mr. McClinton inherited $3 million from Ms. Henry, the daughter of Mississippi Civil Rights legend Aaron Henry, in 2000.

The court established the guardianship in 2000 when Demon was sixteen years old. Young McClinton inherited the money from his mother, Rebecca Henry. Mr. Brown was supposed to deposit $3 million in a bank on behalf of Demon McClinton, and report to the court on an accounting of all funds. The lawyer failed to do so after the court asked him twice in April 2011 and January 2012.

Judge Thomas ruled no guardianship account at a bank was ever established. The court also said Mr. Brown loaned $550,000 to Linus Shackleford from the McClinton funds. Mr. Brown personally "borrowed" $507,745 in January 2001 and he then forged two checks in 2002 for $205,020 and $32,725. Mr. Brown appeared before the court yesterday and was incarcerated by Judge Thomas after he failed to provide a "satisfactory explanation" of the funds and loans. The court had also approved a $398,000 payment in 2001 to Mr. Brown for "his efforts in procuring this minor's funds from his mother's estate." Judge Thomas ruled the fee was obtained through fraud and ordered it paid back to Demon McClinton.

Judge Thomas was very harsh in his description of Mr. Thomas' actions: "the acts of Brown in representing the minor have been intentional acts to steal and defraud the minor of the funds inherited from his mother. The Chancellor ordered Michael J. Brown incarcerated in the Hinds County jail until he deposits "all funds of said minor into the registry of the Chancery Clerk of Hinds County" and makes an accounting of the funds inherited. The court also ruled it will turn the file over to the District Attorney for further investigation. The Hinds County Sheriff's office told this correspondent tonight Mr. Brown is still in jail.






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Latest crime stats

Jackson crime stats for week ending January 29, 2012

Jackson major crimes overview for week ending January 29, 2012


The major numbers to watch:
*Major crimes are up 10% from the prior week
*Auto burglaries down 20% YTD but business burglaries up 57% YTD from last year. Business burglaries are sharply up across the board in every precinct ranging from 25% in Precinct 4 to 160% in Precinct 1.
*Total violent crime up 48% YTD from last year
*Grand larceny up 54% in Precinct 4 and 100% in Precinct 1 YTD.
*House burglaries: Good news for Precinct 4: YTD is down 5.2% after being up by a third for nearly most of last year. It was down in one other precinct and up in the two others.
*Precinct 4: Violent crime up 73% YTD while property crime is down 10%.

City of Madison crime reports through January 29, 2012

Byram crime reports through January 28, 2012

These are the cities that make their crime stats available online. I am contacting others to see if I can obtain copies of their reports on a regular basis.

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Innocent bystander killed in chase (Audio from scanner posted)

Update: The Rez News blog has full coverage and several photos. Click here to go to story. Below is the feed from the scanner captured by the Rez News.


If player does not appear properly, switch to IE or click on the link to the Rez News as there is a problem in FF.


Notes: Feed is from scanner set on Reservoir patrol, not Ridgeland PD. 2 Ridgeland police cars were reported traveling over 90 mph. Suspect struck two police cars at Hwy 471.

Here is press release from Flowood Police Department:

A Jackson man is in custody after multi-jurisdictional pursuit tragically claims the life of a Rankin County woman. The Rankin County woman’s identity is being withheld until notification of family.

The pursuit originated in the City of Ridgeland where Robert Williams (Jackson MS – Convicted Felon out of MS & GA) and Melinda Renae Rutherford (Ripley MS – No Prior Felony) went into a Ridgeland business and committed felony shoplifting. Ridgeland officers attempted to take the two into custody and in doing so, WILLAMS attempted to strike the officers with his 1999 Mercury Grand Marquis. WILLIAMS & RUTHERFORD then fled and lead law enforcement on a multi-jurisdictional pursuit that went across the spillway into Rankin County and ended in a fatal crash at the intersection of Grants Ferry Road and Lakeland Drive in Flowood. The fatality victim was taken to UMC where she was pronounced dead from her injuries. The suspected thieves were also transported to UMC where their condition is unknown at this time. There are no other injuries reported at this time. The crash is currently being investigated by the Mississippi Highway Safety Patrol’s Crash Unit.

Upon being released from UMC, WILLIAMS will be taken to the Rankin County Jail and will be charged with a number of felonies including Felony Fleeing that resulted in the death of another and Aggravated Assault on a Law Enforcement Officer. Rutherford will be transported to the Ridgeland Police Department to face charges in that city.


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Sunday, February 5, 2012

Super Bowl thread.



I'm picking LSU North, oops, I meant the Patriots.







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Faces of Evil: Belsen

I've been watching Youtube videos of the liberation of the concentration camps during the last week. There is a great deal of original footage available. It is graphic in nature, very sickening at times yet is necessary viewing. Gives you a good idea why Ike and others actually came up with a serious plan to deindustrialize Germany and turn it into farmland. This first set of videos was produced by Alfred Hitchock. No fancy narrations or spellbinding voices are used, the video says it all.



Part 2
Part 3
Part 4
Part 5
Part 6
Part 7

Another short documentary. Some moments are sickening, others poignant, and at the end a sweet one where one of the liberators marries one of the victims.



Click Here to Read More..

Pension costs break Providence

WPRI reports pension costs are breaking Providence, Rhode Island:

"Rhode Island's capital city will be in bankruptcy by June if it doesn't get help resolving its financial crisis.

That was the dire warning from Providence Mayor Angel Taveras during a Thursday morning news conference at City Hall. With five months left before the end of the fiscal year and the capital set to run out of cash by the start of summer, the city still faces a roughly $30 million deficit in its budget for this fiscal year, which ends June 30.

The budget shortfall was projected at $110 million last March, when Taveras declared a "category five" financial emergency in Providence. It was reduced after he negotiated new contracts with unions, laid off workers, cut spending and won increased state aid...

Taveras said the city's retirees must accept reduced pension and health care benefits to save the city from financial ruin. A decree signed in 1991 by Mayor Buddy Cianci pushed the city's pension liability "into the stratosphere" by giving annual cost-of-living increases of 5% and 6% to more than 600 retirees, he said.

"These retirees have refused to sacrifice and are costing Providence taxpayers tens of millions of dollars a year," Taveras said, calling the increases "raises," not adjustments to keep up with the cost of living. The mayor will hold a meeting with retirees on March 3 where they will be asked for concessions.

Taveras's office released a list showing that the city's highest-paid pensioner, former Fire Chief Gilbert McLaughlin, now receives an annual pension of $196,813 a year. He retired with an annual salary of $63,510. At the current rate of growth, McLaughlin's pension will total roughly $796,871 if he lives to the age of 100."

Yes, you read that last paragraph right. Keep reading. A Jim Hood wannabe judge stuck her nose into this mess:

"Thursday's event was sparked by a Superior Court Judge Sarah Taft-Carter's ruling Monday in which she sided with retirees and blocked the city from forcing its retired police and firefighters to sign up for Medicare. The judge dismissed the $6 million cost of her decision as “alleged savings” that “would not save the city from financial ruin."

Taft-Carter's ruling "has pushed the city to the brink of bankruptcy," Taveras said. "Everything is on the table." The city will appeal her decision to the Rhode Island Supreme Court on Thursday and ask the high-court justices for an expedited review
." Article

It is true the state did cut aid to the city but lets deal with reality here- paying someone nearly $200,000 a year when he didn't make even $100,000 while working is just plain nuts. Mish calculated on his blog:

"At 6% per year, it would take about 24 years to grow to a benefit of $196,813 a year to $796,882.97. Thus I conclude McLaughlin is 76 years old. If he lives another 10 years, his annual pension would be $352,462.11 based on an career ending salary of a mere $63,510..." Post

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Saturday, February 4, 2012

Brain-dead teen euthanized

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Ethics Commission orders State Rep. Kevin McGee to repay $346,554

Updated: Mississippi Democrats issue press release. Published at bottom of post.

The Mississippi Ethics Commission ruled yesterday:

"Rep. Kevin McGee was part owner and president of Service Printers which received over $428,000 worth of state printing contracts after McGee took office in January 2008.

The state constitution and state ethics laws prohibit legislators from doing business with state government. The Ethics Commission determined McGee’s company had hundreds of printing contracts with 26 different state agencies since McGee took office. The Ethics Commission determined 258 of the contracts violated the Ethics in Government Law and ordered McGee to repay $346,554.06 to the state, the total amount of those transactions, and to pay an additional fine of $50,000, based upon contracts completed after receiving formal notice of the violations..." Summary, Final order (see pages 9-10)




Mississippi Democrats issued the following press release:

Jackson, MS - On Thursday, February 2, the Mississippi Ethics Commission issued a Final Order in its investigation of Rep. Kevin McGee (R-Brandon). The Commission found that since taking office in January 2008, Rep. McGee entered into 259 illegal service contracts with the State of Mississippi. As a result, Mr. McGee’s business improperly received over $428,000 in state funds.

The state constitution and state ethics laws prohibit legislators from doing business with state government. For his many violations of the constitution and statutes, Rep. McGee has been ordered to repay $346,554.06 to the state and an additional fine of $50,000.

Rickey Cole, Executive Director of the Mississippi Democratic Party said, “In light of these revelations, the only appropriate response is for Representative McGee to resign his office immediately.” Cole added, “Mississippi deserves responsible stewards in positions of public trust, not shameless self-dealers willing to abuse the public trust for personal gain.”

Continuing, Cole noted, “Since the November elections, we’ve had a Republican state representative caught taking money from his vulnerable aunt, a Republican mayor caught using his city’s budget as his own private expense account, and now another Republican representative caught making off with more than a quarter of a million dollars in taxpayer funds.” Cole added, “It seems to me that instead of using their power to make life better for all Mississippians, Republicans have decided to abuse their power to make a fat profit for themselves
.”




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Friday, February 3, 2012

Crook found guilty

The City of Madison just issued the following press release:

"Madison County Court Judge Edwin Hannan has issued an opinion finding Kenneth M. Crook guilty on two counts of violating the City of Madison's rental ordinance.

Crook had raised numerous technical objections to the City's ordinance, claiming the ordinance was invalid because of provisions pertaining to inspection of the rental property and the requirement that landlords post bonds or other adequate sureties to ensure compliance with the City's safety codes. The Court's opinion reviewed Mr. Crook's arguments, but ruled that the City's ordinance was constitutionally sound and in compliance with state law on all Mr. Crook's points of objection.

The Court also overruled Mr. Crook's arguments that the affidavits contained procedural or technical problems.

Finally, the Court ruled that the factual evidence presented by the City established beyond a reasonable doubt that Mr. Crook was guilty on both counts.

Sentencing for Mr. Crook is set for February 21, at 11:00 a.m."

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Let the games begin

Check out the agenda for Monday's meeting of the Hinds County Board of Supervisors.

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WLBT covers SLRP last night.

WLBT broadcast a very good report on SLRP last night. SLRP, the special retirement plan for legislators. Watch the video below.



There is currently over $13 million in the SLRP account. The monthly amount paid to beneficiaries is not that much- the average payment is less than $500 per month. However there is no reason whatsoever they should receive extra-retirement pay. Forest Thigpen is right: Close out the program and pay the contractually retired benefits. Earlier post on SLRP.

Collection of all posts on PERS and SLRP

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Thursday, February 2, 2012

Lawyer Michael Brown jailed for embezzling. $3 million left to Aaron Henry's grandson disappears.

Update: WLBT reported this story last night.

Hinds County Chancery Judge Dewayne Thomas threw attorney Michael J. Brown in jail yesterday for contempt of court. Judge Thomas ordered the lawyer to account for $3 million in the guardianship of Demon McClinton. Mr. McClinton is the grandson of Aaron Henry.

The court established the guardianship in 2000 when Demon was sixteen years old. Young McClinton inherited the money from his mother, Rebecca Henry. Mr. Brown was supposed to deposit $3 million in a bank on behalf of Demon McClinton, and report to the court on an accounting of all funds. The lawyer failed to do so after the court asked him twice in April 2011 and January 2012.

Judge Thomas ruled no guardianship account at a bank was ever established. The court also said Mr. Brown loaned $550,000 to Linus Shackleford from the McClinton funds. Mr. Brown personally "borrowed" $507,745 in January 2001 and he then forged two checks in 2002 for $205,020 and $32,725. Mr. Brown appeared before the court yesterday and was incarcerated by Judge Thomas after he failed to provide a "satisfactory explanation" of the funds and loans. The court had also approved a $398,000 payment in 2001 to Mr. Brown for "his efforts in procuring this minor's funds from his mother's estate." Judge Thomas ruled the fee was obtained through fraud and ordered it paid back to Demon McClinton.

Judge Thomas was very harsh in his description of Mr. Thomas' actions: "the acts of Brown in representing the minor have been intentional acts to steal and defraud the minor of the funds inherited from his mother. The Chancellor ordered Michael J. Brown incarcerated in the Hinds County jail until he deposits "all funds of said minor into the registry of the Chancery Clerk of Hinds County" and makes an accounting of the funds inherited. The court also ruled it will turn the file over to the District Attorney for further investigation. The Hinds County Sheriff's office told this correspondent tonight Mr. Brown is still in jail.



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Look at what our Senators have been up to today

on a bill to ban earmarks

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Congratulations are in order.

Congratulations to Brett Kittridge. Mr. K operates the conservative blog Majority in Mississippi and was recently named the Communications Director for the Mississippi Republican Party. MIM provided the best political analysis in the state over the last year through redistricting and then elections. It is unknown what he will do with his blog. My suggestions is he should leave it up as an archive. There are few people in the state who could do as good a job as Brett, much less take the time to do it. Leave it as it is, Brett. Good luck in the new gig.

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Say a prayer

Gannett is having a company-wide video-conference today. They will probably re-invent the wheel or announce more staffing or comp changes.

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WREG: Seller didn't know about Southaven purchase

WREG is doing some bang-up reporting on the Southaven implosion. Remember that little land deal last night where a gentleman sold some land to a friend of Mayor Greg Davis who then sold it to the city the next day for a profit of $45,000? Well, it turns out he would have sold it to the city for the same price if he had known the city would purchase it:

"Dodson sold a 20-acre plot of land on Swinnea Road to a company owned by Chuck Roberts for $325,000. According to the Commercial Appeal, Roberts, who is a friend of the mayor, turned around the same day and sold the plot of land to the City of Southaven for $370,000.

That’s a profit of $45,000. Dodson heard rumors that the city may be interested, but said he didn't get a straight answer when he asked.

“I was under the understanding that I was selling it to a group of investors,” said Dodson.

He says he would have sold the property to the city for the same price as he did to Roberts, had he known the city wanted it. He says he suspected something was shady after the closing date was rescheduled three or four times.

“It wouldn't have transferred that day and automatically transferred the next day so there had to be something going on between somebody,” said Dodson
..." Keep reading.

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Wednesday, February 1, 2012

Mississippi Supreme Court stops Judge Tomie Green.

The Mississippi Supreme Court today stopped all proceedings in Hinds County Circuit Court in Jim Hood's lawsuit against MDOC and those pardoned by then-Governor Haley Barbour. Judge Green had scheduled a hearing on a temporary restraining order granted to the Attorney General on February 3, 2012.

The order also grants to Charles Hooker, David Gatlin, Nathan Kern, and Anthony McCray permission to appeal interlocutory orders. The writ of mandamus and emergency stay for Aaron Brown and Katharine Robertson were also granted by the court. The parties are ordered to appear for oral argument on Thursday, February 9, 2012 at 9:00 AM.



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Does SB# 2224 require community service from parents of children with Down's Syndrome?

Senate Bill #2224 requires 20 hours of community service per week from Medicaid recipients. Paul Gallo discussed the bill last week with the authors. The comments were fairly predictable. Yeah, buddy, we going to put them welfare bums to work. That will make these moochers get off their duffs and get a job. Yeaaaaaah buddy. Well, there are a few questions I have about this bill after reading it. Yes, I called the author of the bill, Senator Nancy Collins of Lee County. I sent her emails. No reply. Thus I will use this forum to ask some questions about SB# 2224. Bill

The bill states anyone who is above the age of 18 "who has applied for state or local public benefits... shall be required to participate in a community service program administered by by the Mississippi Department of Human Services. " Section 1(1). The bill then lists the following penalties for those who do not perform the community service:

1. First violation: 90 day suspension of benefits
2. Second violation: 180 day suspension of benefits
3. Third violation: one year suspension AND required to submit to a mandatory community service program before regaining eligibility.

Section 2 then defines Medicaid recipients. Yeah, I know, going to make them pull them up by their bootstraps. Well, I do have one small tiny little question: what about parents whose children are enrolled in the Katie Beckett program*? Earlier post on Medicaid hearing on Katie Beckett.

The Katie Beckett program is administered through Medicaid and is for children who should be institutionalized but are instead cared for in the home. The children suffering from conditions such as Down's Syndrome and spinal bifida require a great deal of care. This program is very important to parents of Down's Syndrome children as there are no facilities in Mississippi that can accept such children on a full-time basis. It is hard for both parents to work as most if not all child-care centers will not accept children with such disabilities. While there is no income limit for these Medicaid benefits, the parents are still suffering as the costs are enormous and at least one parent has to care for the child instead of working. Some single parents have been forced to go on public assistance because there is literally no one else to care for the child while they worked. These parents are not bums. They are not welfare cheats. They don't need to pull the wagon or hitch up their britches. They work their butts off every day caring for a child who is severely disabled and probably will never be able to live a normal life. They do without just so their child can survive. They would love to work or get a job but unfortunately, it is very hard to find someone else to care for the child. These parents do not fit a stereotype. They are just parents trying to do what is best for their children and play the cards they were dealt.

The question thus much be asked if SB# 2224 applies to Katie Beckett parents. Are they considered to be applicants even though the benefits are only for the child? Tell me Senator Polk and Senator Collins, while these parents are doing their community service, who will care for that child? You want to tell them you are "helping" them? Do you think you are helping them become productive citizens? Did you even consider this problem when you drafted the bill?

One would think Senator Collins, a speech therapist, would have addressed this problem when she wrote the bill but apparently, appearing on Paul Gallo and getting right-wing kudos was more important than doing what is best for the children. Now, I can be wrong and if the law does exempt these parents, then fine. If I am wrong in my interpretation, then I am wrong and will say so on this site. However, someone better take a long look at this bill and figure out where Katie Beckett fits into the new Republican workfare.




*Katie Becket program guidelines as codified:
a) The agency may provide Medicaid to children 18 years of age or younger who qualify under section 1614(a) of the Act, who would be eligible for Medicaid if they were in a medical institution, and who are receiving, while living at home, medical care that would be provided in a medical institution.
(b) If the agency elects the option provided by paragraph (a) of this section, it must determine, in each case, that the following conditions are met:
(1) The child requires the level of care provided in a hospital, SNF, or ICF.
(2) It is appropriate to provide that level of care outside such an institution.
(3) The estimated Medicaid cost of care outside an institution is no higher than the estimated Medicaid cost of appropriate institutional care.
(c) The agency must specify in its State plan the method by which it determines the cost-effectiveness of caring for disabled children at home." 42 CFR 435.225

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Democrats slam Governor over education

The Democratic Trust made the following statement yesterday:

Jackson, MS- Today, Brandon Jones, Executive Director of the Mississippi Democratic Trust, joined Democratic members of the House and Senate to highlight the impact of cuts to K-12 education under the 2013 Republican budget. The Republican budget plan, introduced today by Governor Phil Bryant, calls on school districts to contribute $72.9 million of their reserve funds to fill out the state education budget.

Jones said, “The Republican plan for education is simple: punish those school districts that have been prudent with their resources.” Jones added, “During the campaign, Governor Bryant claimed to support full funding for public schools. It is disappointing that his first budget as governor not only fails to provide full funding for our schools but comes in $73 million shy of level funding.”

Rep. Kelvin Buck (D-Holy Springs) said, “This budget represents a major step backward for Mississippi children. With revenue up $85 million over estimate, it’s irresponsible to make deep cuts to education and ask our local schools to make up the difference.”

###

The Mississippi Democratic Trust seeks to help elect Democratic candidates who will provide sensible and responsible leadership for Mississippi. The Trust supports effective policies to address legitimate economic, education, healthcare, and public safety issues in our State.


The statement refers to the Governor's budget proposal released yesterday. The Clarion-Ledger reported:

"Bryant called on school districts to pull a combined $72 million from their reserves to fully fund the Mississippi Adequate Education Program, effectively cutting the K-12 budget by 3.7 percent." Article

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Watkins project delayed in Meridian, fireworks at Jackson City Council

The Meridian Star reported today:

"Construction of a new police station has stopped and isn’t scheduled to resume until March 15, project developer David Watkins confirmed Tuesday.

Watkins said the project, renovating an old grocery store building on 22nd Avenue into a new police station that will serve the entire department, has taken significantly longer than expected to finance.

He said there have been significant delays in closing on the new market tax credits, which are an important aspect of the project’s funding. Watkins said the original closing date for the tax credits was expected to be December 15, 2011. The date has been pushed back, he said, because of problems with coordination between the numerous entities involved with the tax credits and because it took longer to than expected for the tax credits to be allocated for the project.

Watkins stressed that the project is not unfunded, there is just a delay in accessing the funds.

“The tax credit closing has taken much longer than anyone anticipated,” he said. “There’s money in the project. We just can’t get access to it until there’s a closing.”

He said the delay will not cost the city anything.

“The city’s not obligated to pay anything until the building is done,” he said. “The impact on the city is, it’s an inconvenience because we’re pushing the project (construction) back 45 days
.” Rest of article.

Then there was the controversy in Jackson this week over the extra costs of renovating Metrocenter:

"The Jackson City Council balked Monday at spending $250,000 to install wiring at the Metrocenter mall, putting the city's once-imminent office relocation in limbo." Article

I spoke to several commercial realtors and developers yesterday about this problem and they all said the exact same thing: wiring such as what is needed for this project is always paid for by the tenant, especially in older buildings. Copy of lease agreement between Jackson and Watkins

Want to guess what the lease agreement says about wiring? Nothing. Look on pages 8-12 of the lease- maintenance, service, utilities, and alterations.The lease is silent about the matter of wiring, much less the landlord paying for its installation. What happens if the city does not move in after signing the lease? Lawyers can correct me if I interpreted the lease in error but it seems one of the remedies available to Mr. Watkins is the ability to collect damages of 12 months rent- $487,000. Stay tuned.



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Trollfest '09

Trollfest '07 was such a success that Jackson Jambalaya will once again host Trollfest '09. Catch this great event which will leave NE Jackson & Fondren in flames. Othor Cain and his band, The Black Power Structure headline the night while Sonjay Poontang returns for an encore performance. Former Frank Melton bodyguard Marcus Wright makes his premier appearance at Trollfest singing "I'm a Sweet Transvestite" from "The Rocky Horror Picture Show." Kamikaze will sing his new hit, “How I sold out to da Man.” Robbie Bell again performs: “Mamas, don't let your babies grow up to be Bells” and “Any friend of Ed Peters is a friend of mine”. After the show, Ms. Bell will autograph copies of her mug shot photos. In a salute to “Dancing with the Stars”, Ms. Bell and Hinds County District Attorney Robert Smith will dance the Wango Tango.

Wrestling returns, except this time it will be a Battle Royal with Othor Cain, Ben Allen, Kim Wade, Haley Fisackerly, Alan Lange, and “Big Cat” Donna Ladd all in the ring at the same time. The Battle Royal will be in a steel cage, no time limit, no referee, and the losers must leave town. Marshand Crisler will be the honorary referee (as it gives him a title without actually having to do anything).


Meet KIM Waaaaaade at the Entergy Tent. For five pesos, Kim will sell you a chance to win a deed to a crack house on Ridgeway Street stuffed in the Howard Industries pinata. Don't worry if the pinata is beaten to shreds, as Mr. Wade has Jose, Emmanuel, and Carlos, all illegal immigrants, available as replacements for the it. Upon leaving the Entergy tent, fig leaves will be available in case Entergy literally takes everything you have as part of its Trollfest ticket price adjustment charge.

Donna Ladd of The Jackson Free Press will give several classes on learning how to write. Smearing, writing without factchecking, and reporting only one side of a story will be covered. A donation to pay their taxes will be accepted and she will be signing copies of their former federal tax liens. Ms. Ladd will give a dramatic reading of her two award-winning essays (They received The Jackson Free Press "Best Of" awards.) "Why everything is always about me" and "Why I cover murders better than anyone else in Jackson".

In the spirit of helping those who are less fortunate, Trollfest '09 adopts a cause for which a portion of the proceeds and donations will be donated: Keeping Frank Melton in his home. The “Keep Frank Melton From Being Homeless” booth will sell chances for five dollars to pin the tail on the jackass. John Reeves has graciously volunteered to be the jackass for this honorable excursion into saving Frank's ass. What's an ass between two friends after all? If Mr. Reeves is unable to um, perform, Speaker Billy McCoy has also volunteered as when the word “jackass” was mentioned he immediately ran as fast as he could to sign up.


In order to help clean up the legal profession, Adam Kilgore of the Mississippi Bar will be giving away free, round-trip plane tickets to the North Pole where they keep their bar complaint forms (which are NOT available online). If you don't want to go to the North Pole, you can enjoy Brant Brantley's (of the Mississippi Commission on Judicial Performance) free guided tours of the quicksand field over by High Street where all complaints against judges disappear. If for some reason you are unable to control yourself, never fear; Judge Houston Patton will operate his jail where no lawyers are needed or allowed as you just sit there for minutes... hours.... months...years until he decides he is tired of you sitting in his jail. Do not think Judge Patton is a bad judge however as he plans to serve free Mad Dog 20/20 to all inmates.

Trollfest '09 is a pet-friendly event as well. Feel free to bring your dog with you and do not worry if your pet gets hungry, as employees of the Jackson Zoo will be on hand to provide some of their animals as food when it gets to be feeding time for your little loved one.

Relax at the Fox News Tent. Since there are only three blonde reporters in Jackson (being blonde is a requirement for working at Fox News), Megan and Kathryn from WAPT and Wendy from WLBT will be on loan to Fox. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both and a torn-up Obama yard sign will entitle you to free drinks served by Megan, Wendy, and Kathryn. Get your tickets now. Since this is an event for trolls, no ID is required. Just bring the hate. Bring the family, Trollfest '09 is for EVERYONE!!!

This is definitely a Beaver production.


Note: Security provided by INS.

Trollfest '07

Jackson Jambalaya is the home of Trollfest '07. Catch this great event which promises to leave NE Jackson & Fondren in flames. Sonjay Poontang and his band headline the night with a special steel cage, no time limit "loser must leave town" bout between Alan Lange and "Big Cat"Donna Ladd following afterwards. Kamikaze will perform his new song F*** Bush, he's still a _____. Did I mention there was no referee? Dr. Heddy Matthias and Lori Gregory will face off in the undercard dueling with dangling participles and other um, devices. Robbie Bell will perform Her two latest songs: My Best Friends are in the Media and Mama's, Don't Let Your Babies Grow up to be George Bell. Sid Salter of The Clarion-Ledger will host "Pin the Tail on the Trial Lawyer", sponsored by State Farm.

There will be a hugging booth where in exchange for your young son, Frank Melton will give you a loooong hug. Trollfest will have a dunking booth where Muhammed the terrorist will curse you to Allah as you try to hit a target that will drop him into a vat of pig grease. However, in the true spirit of Separate But Equal, Don Imus and someone from NE Jackson will also sit in the dunking booth for an equal amount of time. Tom Head will give a reading for two hours on why he can't figure out who the hell he is. Cliff Cargill will give lessons with his .80 caliber desert eagle, using Frank Melton photos as targets. Tackleberry will be on hand for an autograph session. KIM Waaaaaade will be passing out free titles and deeds to crackhouses formerly owned by The Wood Street Players.

If you get tired come relax at the Fox News Tent. To gain admittance to the VIP section, bring either your Republican Party ID card or a Rebel Flag. Bringing both will entitle you to free drinks.Get your tickets now. Since this is an event for trolls, no ID is required, just bring the hate. Bring the family, Trollfest '07 is for EVERYONE!!!

This is definitely a Beaver production.

Note: Security provided by INS
.