Mississippi Today
Sex Abuse, Beatings and an Untouchable Mississippi Sheriff
Sex Abuse, Beatings and an Untouchable Mississippi Sheriff
Terry Grassaree was dogged for years by questions about how he did his job as a law enforcement officer in Macon, Miss., a tiny, rural town near the state’s eastern border.
There were allegations of rape inside the jail that Mr. Grassaree supervised, and lawsuits claiming that he covered up the episodes. At least five people, including one of his fellow deputies, accused him of beating others or choking them with a police baton.
Mr. Grassaree survived it all, rising in the ranks of the Noxubee County Sheriff’s Department, from a deputy mopping floors, to chief deputy, to the elected position of sheriff, making him one of the most powerful figures in town.
Now, more than three years after losing an election and retiring, and 16 years after a woman first claimed that Mr. Grassaree pressured her to lie about being raped, the former sheriff faces criminal charges.
A federal indictment filed in October accuses him of committing bribery in 2019, near the end of his eight-year tenure as sheriff, and of lying to federal agents when they questioned him about whether he requested sexually explicit photographs and videos from a female inmate. Mr. Grassaree has denied the charges and pleaded not guilty.
But an investigation by the Mississippi Center for Investigative Reportingat Mississippi Todayand The New York Times reveals that allegations of wrongdoing against Mr. Grassaree have been far more wide-ranging and serious than those federal charges suggest. The investigation included a review of nearly two decades of lawsuit depositions and a previously undisclosed report by the Mississippi Bureau of Investigation.
At a minimum, the documents detail gross mismanagement at the Noxubee County jail that repeatedly put female inmates in harm’s way. At worst, they tell the story of a sheriff who operated with impunity, even as he was accused of abusing the people in his custody, turning a blind eye to women who were raped and trying to cover it up when caught.
Over nearly two decades, as allegations mounted and Noxubee County’s insurance company paid to settle lawsuits against Mr. Grassaree, state prosecutors brought no charges against him or others accused of abuses in the jail. A federal investigation dragged on for years, and led to charges last fall, a few weeks after reporters started asking authorities about the case.
Even now, no higher authority has reviewed how Mr. Grassaree ran the jail or whether his policies endangered women, because in Mississippi, as in many states, rural sheriffs are left largely to police themselves and their jails.
In 2006, after Mr. Grassaree and his staff left jail cell keys hanging openly on a wall, male inmates opened the doors to the cell of two women inmates and raped them, according to statements the women gave to state investigators. One of the women said Mr. Grassaree pressured her to sign a false statement to cover up the crimes, according to the state police report that has never been made public.
About a year later, in a lawsuit, four people who had been arrested gave sworn statements accusing Mr. Grassaree of violence. Two of the people said he choked or beat them while they were in his custody. A third said he pinned her against a wall and threatened to let a male inmate rape her.
In 2019, a jailed woman told investigators that she had been coerced into having sex with two deputies who offered her a cellphone in exchange for her compliance. Instead of punishing the deputies, she claimed in a lawsuit against the county, Mr. Grassaree demanded that she send him explicit pictures and videos of herself. The federal indictment also accuses Mr. Grassaree of using his cellphone to facilitate a bribe, which experts say could have been the perks the woman says she received.
All told, at least eight men — including four deputies and Mr. Grassaree himself — have been accused of sex abuse by women inmates who were being held in the Noxubee County jail while Mr. Grassaree was in charge.
Over the years, the accusations of rape and other misconduct at the jail have been investigated separately by the FBI, the Department of Justice and the Mississippi Bureau of Investigation. No rape or assault charges have been filed.
Mr. Grassaree has denied all of the allegations against him and has faced no disciplinary action. His lawyer declined to comment further.
Holding people accountable for rapes and assaults behind bars is difficult under the best of circumstances. There is little to protect incarcerated victims and witnesses from retaliation for speaking up. When they do come forward, they are often dismissed as not credible, especially if the person accused is a law enforcement officer.
What happened inside the Noxubee jail, and how the authorities responded, is a case study in how those difficulties can be even harder to surmount in rural places, where jails are the exclusive domain of a county sheriff who operates largely without oversight.
No state agency oversees Mississippi’s county jails, and no state regulator has the authority to fine a sheriff for endangering people in custody or for failing to train the staff who operate the jail. In 2017, state lawmakers stopped providing funds for jail inspections by the Mississippi Department of Health, removing even the basic requirement that the facilities meet food safety and cleanliness requirements.
“They are closed-off institutions, and the people held inside them are unpopular and politically powerless,” said David Fathi, director of the American Civil Liberties Union National Prison Project. “That makes them ripe for neglect and abuse that is entirely foreseeable.”
Scott Colom, the elected district attorney for Noxubee County, took office in 2016 and was not involved in the investigation of the 2006 rape allegations.
After learning of the more recent allegations against Mr. Grassaree and his deputies, Mr. Colom said, he notified federal authorities and worked with them on an investigation. Although he believed the evidence against Mr. Grassaree in the case was “clear and strong,” Mr. Colom said he knew it would be tough to seat an impartial jury in Noxubee County. He has twice been forced to cancel criminal trials because there were too few potential jurors available, he said, and neither of those cases involved a public official.
Darren J. LaMarca, U.S. attorney for the Southern District of Mississippi, declined to comment on the case and so did others responsible for investigating the alleged abuses in the Noxubee County jail.
Mr. Grassaree spoke briefly in an interview about his professional history, but would not answer detailed questions about the 2006 rape cases or the more recent allegations related to his federal charges.
Mary Taylor, a retired dispatcher who worked full time at the jail from 1988 to 2017, said in a phone interview that in her years at the jail she never witnessed any sexual abuse.
She said she wasn’t working on the day the two women said the rapes took place in 2006, but that she doesn’t believe their version of events.
“My belief? They weren’t raped,” Ms. Taylor said. “They did that to get out of jail.”
She maintained that it’s “impossible for one man to rape a woman, unless she’s not moving, unless it’s a Bill Cosby thing.”
“They could have yelled out and told somebody,” she said. “You can’t rape the unwilling.”
Building a tough reputation
When Terry Grassaree was born in Macon in 1962, the idea that he could one day be sheriff seemed far-fetched.
In Macon, which briefly served as Mississippi’s capital during the Civil War, only white men worked as law enforcement officers in those days. The county had a long history of violence against African Americans, including the massacre of 13 Black Mississippians at a church, gunned down by nightriders on a single August night in 1871. The sheriff at the time arrested no one.
Though the county’s population is mostly Black, every sheriff elected in Noxubee County was white until 1988, when Albert Walker became the first Black man to hold the office. Mr. Grassaree, his handpicked successor, was the second.
Mr. Grassaree started his law enforcement career as a police officer in Macon and in nearby Brooksville, and sold insurance on the side to help make ends meet. Sheriff Walker hired him as a county deputy in 1992 and put him to work mopping floors, among other duties, at the county jail. Mr. Grassaree was also a deputy coroner, paid $85 for each body he handled.
He worked his way up to chief deputy, and took on running the jail.
Mr. Grassaree, known to keep order by issuing physical threats, said in an interview last year that he drew inspiration from the professional wrestler “Stone Cold” Steve Austin.
“Even while they were whipping him, he was still the toughest guy on the mat,” Mr. Grassaree said. “He’s like, ‘Is that all you’ve got?’ No matter how long a man whips you, he will get tired. He might think he’s winning. The only thing you’ve got to do is hold out.”
This idea, he said, became the foundation for how he behaved when he put on his uniform.
Early in his career, he beefed his 6-foot-2 frame up to 230 pounds, and people started calling him “Big Dog.” Not many people crossed him after that, he said.
His reputation for being aggressive spread across town. In a 2006 letter to the editor in the local paper, a mother complained that Mr. Grassaree had threatened her 16-year-old son. The boy, she wrote, had fought with Mr. Grassaree’s son at school.
The editor of the same newspaper, The Macon Beacon, arrived to cover an arrest near a nightclub in 2000 and snapped a picture of Mr. Grassaree kneeling on a man’s neck. The photo made the front page.
People who passed through the jail describe being attacked by Mr. Grassaree when he thought they were causing trouble. Four people gave sworn statements about such attacks as part of a 2005 lawsuit against Mr. Grassaree and Noxubee County filed by former deputy Kendrick Slaughter. In the lawsuit, Mr. Slaughter claimed that Mr. Grassaree tried to bribe him not to run for City Council, and then hauled him to jail for talking to the FBI about the alleged bribe.
Noxubee County’s insurance company settled the suit for an undisclosed amount.
The four sworn statements accuse Mr. Grassaree of a number of violent acts, which he has denied committing. One man wrote that while he was handcuffed in a courtroom in 2002, Mr. Grassaree beat him until a judge came off the bench to rescue him.
Another man said in his sworn statement that Mr. Grassaree choked him with his nightstick and warned him to follow his orders. The man said Mr. Grassaree told him, “I’ll shoot you in the head! I’m the Big Dog! I’m Number One! This my jail!”
A 19-year-old woman said Mr. Grassaree hit her twice with his nightstick and threw her against a wall after accusing her of stealing potato chips from a man held in jail. Mr. Grassaree “spread my legs apart with his foot,” she said in her deposition.
Then, she said, he told her that he ought to let the inmate rape her.
A jail with no rules
The jail that Mr. Grassaree oversaw for most of his career sits frozen in time on Industrial Road on the outskirts of Macon, next to the old Purina pet food mill that now produces feed for catfish farms.
The building has been locked and empty since about 2014, when Mr. Grassaree and his deputies packed up and moved to a new facility down the street. Inside the old jail, a blackened mix of dirt, rust and mold has crept over the white iron cell doors. Bags of trash and dusty bed linens litter the remaining furniture and the floor.
When Mr. Grassaree was put in charge of this building in the 1990s, he inherited a jailhouse that essentially operated without rules. Jail workers allowed inmates to come and go from the building without logging the inmates’ movements or supervising them closely.
The onlypolicies about the jail that appear in the 2003 Noxubee County Sheriff’s Policy Manual center on the use of force. None tell how to run the jail.
For years, certain inmates were let out of their cells to help cook, pass out food trays and clean.
Kennedy Brewer, who entered the jail in 2002, was one of the facility’s most trusted inmates. Eyebrows were raised when he showed up at a court hearing on his own, having driven himself to the courthouse without a deputy to escort him, according to Forrest Allgood, the district attorney at the time.
Mr. Brewer spent five years at the jail waiting to be retried after DNA evidence proved he had been wrongly convicted of sexually abusing and murdering a 3-year-old girl. When prosecutors gave up on a new trial, Mr. Brewer was released, and his case was featured in the Netflix documentary series “The Innocence Files.”
Testifying under oath as a witness in a lawsuit in 2007, Mr. Brewer said he served as a jail trusty, or an inmate with special privileges, and had access to keys that opened each cell. He said he would check newly arrested people into the jail and that he once escorted an inmate to a cell with no one else present.
Mr. Grassaree has denied that inmates were allowed to use jail keys without supervision.
On a June day in 2006, Mr. Brewer had no problem getting into the women’s cell block undetected.
He grabbed the jailer’s keys off the nail hanging on the wall and slipped down the short hallway that ran the length of jail. In a building smaller than a McDonald’s, he and a fellow inmate didn’t have to go far. There were no guards patrolling the halls and no surveillance cameras to catch any movements.
When Mr. Brewer unlocked the cell door, one of the women inside was laying down for a nap.
Then Brewer was on top of her, grabbing her arms and forcing her down, according to statements the first woman later gave to state agents.
“No, I don’t want to do this,” she begged, according to her statements.
Then she looked for her cellmate, Jessie Levette Douglas. She told investigators she saw another inmate, Laterris Goodwin, on top of her.
It was all over in moments.
The woman who originally reported the rapes declined to be interviewed for this article. Ms. Douglas died of renal failure in a state prison in 2018.
When investigators interview rape victims, they are supposed to remain impartial. But when Mr. Grassaree, who was chief deputy at the time, found the woman crying on the floor, he stood over her and shouted, the woman said in a deposition taken as part of her subsequent lawsuit against the county. He and another member of the sheriff’s office yelled that she couldn’t tell anybody about the rape and that she was “going to make them lose their jobs and make the department look bad,” according to her sworn statement.
“They kept berating me as if I had done something wrong,” she said.
When state agents arrived the next day at the request of the sheriff’s office, Mr. Grassaree handed them everything they needed to dismiss the allegations, including signed statements from two of the men saying the women had invited them to have sex, and more important, a statement from Ms. Douglas saying everything she saw and experienced was consensual.
If Mr. Grassaree and his deputies had been in charge of the investigation, it might have ended there. But when state agents interviewed Ms. Douglas, her story changed.
She told investigators that she and her cellmate had been raped that day and that she lied in her first statement because Mr. Grassaree had pressured her to cover up what happened.
Mr. Grassaree “told me to tell everybody the sex was consensual and that for me to ‘help a brother,’ referring to Brewer,”Ms. Douglaswrote in a later statement. “He told me to tell everybody that we put on a freak show for the male inmates.”
In reality, Ms. Douglas told the agents, three men incarcerated at the jail — Mr. Brewer, Mr. Goodwin and Michael Slaughter — had entered her locked cell at different times on the same day and had raped her.
In statements to investigators, Mr. Slaughter, Mr. Brewer and Mr. Goodwin denied that they had raped the women, claiming that the sex was consensual.
In an interview from 2022, Mr. Brewerdenied ever having sex with anyone inside the jail. Neither Mr. Slaughter nor Mr. Goodwin could be reached for comment.
Both women were given polygraph tests, and the examiner concluded that they were telling the truth, according to state investigators’ records. Mr. Goodwin and Mr. Slaughter failed polygraph tests; Mr. Brewer declined to take one.
State agents shared their findings with federal and state prosecutors, and the case was presented to a Noxubee County grand jury. The grand jury decided not to issue charges.
Legal experts say Mr. Grassaree could have been investigated for obstructing justice in the case. That never happened, and neither did an investigation of practices in the jail, where agents concluded that four rapes had taken place.
Noxubee County’s insurance company settled the woman’s lawsuit in 2009. The Macon Beacon reported that she was paid $375,000.
Sabrina Campbell said her sister, Ms. Douglas — the woman who said she was raped by three inmates and who died many years later — wanted the public to know what happened to her. “I don’t want my sister to have died in vain,” Ms. Campbell said.
The rapes devastated her sister, who never stopped battling nightmares afterward, she said. “She was scared all the time. She would tell nieces and nephews about the jail, ‘Don’t ever come here, because your life is over.’”
Another round of allegations
Allegations of sexual abuse at the Noxubee County jail did not end with the 2006 case.
In 2020, Elizabeth Layne Reed,a woman incarcerated at the jail, made explosive allegations against the men she encountered there. In a lawsuit she filed that year, she accused two deputies, Vance Phillips and Damon Clark, of coercing her into having sex.
She said the men gave her a cellphone and other perks so that she would have sexual encounters with them in remote spots around the jail or when the deputies checked her out of the facility. The deputies even put a sofa in her jail cell, she said.
Ms. Reed said in an interview that she wanted the public to know what happened to her in the hope that others would come forward. “It made me terrified to trust anybody,” she said. “Women in jail and prison need to be protected.”
According to her lawsuit, Mr. Grassaree knew all about his deputies’ “sexual contacts and shenanigans,” but did nothing to “stop the coerced sexual relationships.” Mr. Grassaree denied any knowledge of what deputies were doing. “Are you a boss?” he said. “Do your employees tell you everything they do?”
Instead of intervening, the lawsuit alleged, the sheriff “sexted” her and demanded that she use the phone the deputies had given her to send him “a continuous stream of explicit videos, photographs and texts” while she was in jail. She also alleged in the lawsuit that Mr. Grassaree touched her in a “sexual manner.”
The lawsuit was settled for an undisclosed amount.
News outlets in Mississippi made brief mention of the lawsuit, but government officials at all levels, including federal and state prosecutors, were silent for two years about what, if anything, they were doing to investigate the allegations it raised, and whether they had found evidence to support them.
A review by the Mississippi Center for Investigative Reporting and The New York Times of documents filed in the lawsuit, along with documents fromthe preceding2019 state investigation, reveals that Ms. Reedaccused other deputies besides Mr. Phillips and Mr. Clark of sexual harassment and abuse. None of the other deputies has been charged or named publicly. It is unclear whether the FBI investigated those allegations.
The federal bureau’s investigation into Mr. Grassaree, Mr. Phillips and Mr. Clark took more than two years to yield charges, even though investigators had confessions of sexual contact from the deputies as well as text messages between the woman and the three men. In fall of 2022, several weeks after reporters began asking authorities about the case, Mr. LaMarca successfully sought indictments against Mr. Grassaree and Mr. Phillips on bribery charges. Mr. Clark has not been indicted.
Ms. Reed hoped that other deputies, including Mr. Clark, would be held accountable, she said. “They’re still walking around free, not worried about any charges.”
Ms. Reed said that she felt sick to her stomach when she found out that neither Mr. Grassaree nor Mr. Phillips had been directly charged in connection with her allegations of sex abuse. Lawyers for Mr. Phillips did not immediately respond to requests for comment. Mr. Clark could not be reached for comment.
The indictments do not mention sexual abuse. Along with bribery, Mr. Grassaree was also charged with lying to the F.B.I. in denying that he had “requested and received” nude photos and videos from Ms. Reed. A trial is scheduled for summer.
Julie Abbate, who served as the deputy chief of the Justice Department’s Civil Rights Division from 2003 to 2018 and reviewed the allegations at the news organizations’ request, said the federal prosecutors could have explored criminal charges against Mr. Grassaree and his deputies for violating the civil rights of women in his facility.
The question of whether to bring federal charges in the case may have been complicated by guidance the Department of Justice issued in 2018, saying that law enforcement officers cannot be federally prosecuted for violating a person’s civil rights if the person “truly made a voluntary decision as to what she wanted to do with her body,” particularly if she received a benefit or special treatment in exchange for sex.
But Ms. Reed’s decisions in the episode in the Noxubee County jail were “not free-will choices,” said Andrea Armstrong, a law professor at Loyola University, and the cellphone Ms. Reed received from deputies “was the vehicle by which more abuse could be directed towards her.”
Mississippi law makes it a crime for law enforcement officers to engage in sexual acts with incarcerated people. Prosecutors are not required to prove the victims were physically overpowered or even that they told their abuser to stop.
But the district attorney’s office that handles criminal cases in Noxubee County chose to pass the 2020case on to federal prosecutors, instead of seeking charges under the state law, because of worries about getting a fair jury in the county. When asked about federal prosecutors’ decision to charge Mr. Grassaree and Mr. Phillips with bribery in the case, the district attorney, Mr. Colom, said, “I trust federal authorities to use the best statutes.”
Ms. Abbate said the allegations about abuses in the Noxubee County jail were indicative of a larger, pervasive problem at the facility and a harmful culture inside the sheriff’s office. That culture, she said, undoubtedly endangered inmates and allowed abuses to continue.
“The allegations that come to light are almost always just the tip of the iceberg,” said Ms. Abbate, who is now director of Just Detention International, an organization dedicated to ending sexual abuse in correctional facilities. Referring to the 2006 and 2020 cases, she said, “I guarantee you that these two instances are not the only ones.”
This article was co-reported by The New York Times and the Mississippi Center for Investigative Reporting at Mississippi Today.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
Crystal Springs commercial painter says police damaged his eyesight
CRYSTAL SPRINGS – Roger Horton has worked decades as a commercial painter, a skill he’s kept up with even with the challenge of having what his wife has called “one good eye.”
It hasn’t stopped him from being able to complete detailed paint jobs and create straight lines without the help of tape. But last year following a head injury, he and others said people have been pointing out a change in his work. Horton says the sight in his right eye is clouded, like he is looking underwater.
Affected vision, short term memory and periods of irritability – potential symptoms of concussion – followed after he was arrested last September. During an encounter with several police officers, Horton alleges more than one slammed his head into a cruiser and placed handcuffs on so tight that he started to bleed.
“(The officer) was kind of rough with me and all, and he takes my head and I said, ‘What’d I do?’” he recalled recently.
Horton ended up being convicted of two misdemeanor charges and has paid off the fines, but a year later he still has questions about the arrest and treatment by the police.
To date, he has not seen a doctor to evaluate his eye and check for vision or cognitive issues. Horton and his wife Rhonda don’t have a car, and transportation to doctor’s appointments in the Jackson area remains a challenge.
The Hortons have lived in Crystal Springs all their lives, and they have lived in the home the past five years that belonged to Rhonda’s mother.
More than a quarter of all people in Crystal Springs live below the poverty line, and that includes the couple. Rhonda Horton said it’s hard to make a living because there aren’t a lot of jobs, but they support themselves as painters.
That’s how they met Yvonne Florczak-Seeman, who lived in Illinois and purchased her first historical property in Crystal Springs in 2019. She splits her time between the two states.
“We painted that porch bar and the rest is history,” Rhonda Horton said, adding that they went on to complete detailed work on mantles, kitchen cabinets and a cigar room at Florczak-Seeman’s North Jackson Street residence.
Over the years, the couple built a relationship with Florczak-Seeman, who is seeking to open a women’s empowerment center called the Butterfly Garden, in the building next to city hall.
Florczak-Seeman has supported the couple numerous times, including helping them pay a late water bill and offering them work. She called them talented painters and hired them again to paint the interior of the future center, located at East Railroad Avenue.
In pieces, Rhonda Horton told Florczak-Seeman about her husband’s arrest and later the injuries she said he sustained from it. Florczak-Seeman had questions about the encounter and other potential injustices at play, so she offered to help.
“I just want them to pay for what they’ve done not just to him, but everybody,” Rhonda Horton said. “That’s what I want, justice.”
The Arrest
On Sept. 24, 2023, Horton was walking home from a friend’s house when officers approached him. One grabbed his arms to handcuff him, and he remembers them cutting his wrist and causing it to bleed.
Then, he said, a second officer slammed his head into the top of the police car, followed by another officer who slammed his head again. During the encounter, a bag of marijuana that Horton said he found fell out of his pocket onto the ground.
An officer put Horton in the back of the cruiser and took him to the station where Horton asked to speak to the police chief and call his wife. He said the police took his phone and clothes.
Afterward, he was taken to the Copiah County Detention Center in Gallman.
Police Chief Tony Hemphill disputed Horton’s allegation of mistreatment, saying he did not sustain any injuries that required hospitalization. He said Horton’s wrist was cut while he resisted arrest.
“He was not brutalized and targeted,” Hemphill said. “If he had just complied, he wouldn’t have had to come up there (to jail) that night.”
Two police reports from the night of the September 2023 arrest detail how officers had responded to a possible assault and were given the description of a white man. While in the area, they encountered Horton — the only person who fit that description.
Hemphill said a mother called police after her daughter told her she was assaulted. He said officers approached Horton on the street and tried to talk with him to rule him out as a suspect.
That’s when Horton began “fighting, pulling away, and kicking against (the officer’s) patrol vehicle, trying to run,” according to a police report from the night and Hemphill. Horton denies doing any of that.
The next day police took Horton from the county jail to the Crystal Springs police station. There, police informed him a teenage girl reported being assaulted. After learning about the assault allegation, Horton remembered feeling shocked and saying it couldn’t be true because he was not on the street where the alleged incident took place.
Hemphill confirmed the police investigated the assault allegation and found it not credible, meaning Horton wouldn’t face any related charges. He said he communicated this to Horton and his wife early on and since then, which the couple disputes.
As Horton was being arrested and detained, his wife grew worried because she had just spoken with him on the phone and expected him to arrive home shortly. Rhonda Horton and her adult son started calling Roger’s phone, each not getting an answer.
Then during one of the calls by her son, someone who did not identify himself answered Roger’s phone and said, ‘Your daddy’s dead’ and then hung up, Rhonda Horton said.
She was starting to assume the worst had happened. Rhonda Horton wouldn’t have confirmation her husband was alive until he called from the county jail in the early morning.
The next morning as she talked with the police chief, Rhonda Horton asked the chief about who answered the phone and told her son that Roger was dead. The chief told her the person who answered must have been from the county.
Hemphill later told Mississippi Today that he did not know about the call and that type of behavior by his staff “is not going to be tolerated.” Similarly, Copiah County Sheriff Byron Swilley said he had not heard about it and could not say whether a member of his department made the comment to Rhonda and Roger Horton’s son.
A Sept. 25, 2023, citation signed by Hemphill, shared with Mississippi Today, summoned Roger Horton to municipal court for the misdemeanor charges of possession of marijuana and resisting arrest and directed him not to have contact with the alleged victim in the assault case. No contact orders are typically for cases such as domestic violence and sexual assault and they are set by a judge.
LaKiedra Kangar, who works in municipal court services, said the no contact order was put in place because of the assault allegation. She confirmed Horton was not charged with the offense following the police department’s investigation of the allegation.
Weeks passed. Roger Horton went to court for the misdemeanor charges, to which he pleaded guilty. Felony assault charges were not part of the hearing. Municipal Court Judge Matthew Kitchens ordered Roger to pay over $900 in fines for the misdemeanors.
Horton was able to pay for some of the fine through at least 10 hours worth of court-ordered community service, which he said involved painting buildings for the city.
Months later after learning about Horton’s arrest and how he said the police treated him, Florczak-Seeman said she wanted to know more. Horton didn’t have access to his arrest documents, so she accompanied him and his wife to the police department to ask for them.
The first visit, Horton asked but did not receive the arrest report. Florczak-Seeman asked if he had a fine for any of the charges, which police said Horton did even after completing some community service hours. Florczak-Seeman paid for the remaining balance and had him work for her for two days to pay that off.
This year, they went to the police department a second time so Horton could ask for his arrest paperwork. An officer told him he didn’t need it and that the rape allegation had been investigated and found not to be credible, Horton told Mississippi Today.
Florczak-Seeman asked why Horton couldn’t receive the report. She said Hemphill asked if she was Horton’s attorney, and Florczak-Seeman clarified she was his representative.
The chief left for a few minutes and returned with two pieces of paper and handed them to Horton. Hemphill told Mississippi Today he did not recall whether he was the one who handed the report to Horton.
Florczak-Seeman took the document from Horton and began to read it as they stood in the lobby. She said she was horrified to see the name of the alleged, underage victim and her address in the report.
Hemphill said the victim’s personal information should have been restricted and not doing so was an oversight.
After reading the report, Florczak-Seeman went down the street to the mayor’s office at city hall to explain what happened, and how she believed the mayor had grounds to fire the police chief because he provided that document to Roger with the alleged victim’s information.
Mayor Sally Garland confirmed she had a conversation with Florczak-Seeman about the police chief’s employment.
She said she reviews all complaints about city officials, and Garland said she goes to the department head to get a better understanding of the situation. If she determines there are potential grounds for termination, a hearing would be scheduled with the Board of Aldermen, and the group would vote on that decision.
Garland did not find grounds for termination, and Hemphill remains police chief.
A Strange Visit
The Hortons and Florczak-Seeman hadn’t given much thought about the 2023 arrest, until weeks ago when a teenaged girl suddenly showed up in Florczak-Seeman’s yard.
At the end of September at the North Jackson Street home, Florczak-Seeman heard screaming and found the teenage girl who came onto her property. She asked what was wrong, and the teenager said she was chased by a dog, which Florczak-Seeman and Rhonda Horton did not see.
The teenager asked for a soda, and Rhonda Horton went inside to get one. Florczak-Seeman asked where the teenager lived, and she gave an answer that Florczak-Seeman said conflicted with what two girls who were standing nearby on the public sidewalk said she told them.
Then Florczak-Seeman asked the teenager’s name and recognized it as the name of the alleged victim on Horton’s arrest record. Immediately, Florczak-Seeman said she turned to Horton and told him to stay back, and she told the teenager to get off her property, which she did.
At the moment, they were not able to verify whether the teenager was the alleged victim from the report. Neither the Hortons nor Florczak-Seeman had seen her before, and they only knew her name from the arrest report.
“That didn’t make sense at all,” Rhonda Horton told Mississippi Today.
Florczak-Seeman called 911 to report the situation and ask for police to come, which they did not. Hemphill told Mississippi Today a dispatcher informed him about the call with Florczak-Seeman, including details with the teenage girl and how she wanted to report the girl for trespassing.
Florczak-Seeman is one of the people who have noticed a difference in Horton’s vision. It’s clear when comparing the detailed and clean paint job Roger completed at her Jackson Street property in 2019 and the center where he painted last year.
During an interview at the center in October, Florczak-Seeman pointed to the ceiling and noted spots that Horton did not paint. She remembers telling him about them and realized that he couldn’t see them.
“The spots on my ceiling are still not painted, and they’re not painted as a reminder of the injustices that happened in this situation and why I got involved,” Florczak-Seeman said.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
Central, south Mississippi voters will decide judicial runoffs on Tuesday
Some Mississippi voters head to the polls Tuesday to decide who should represent them on the state’s highest courts.
Polls will be open from 7 a.m. to 7 p.m. on Tuesday. Absentee voting has begun, and in-person absentee voting at county circuit clerk’s offices ends at noon on Saturday.
In the Jackson Metro area and parts of central Mississippi, incumbent Supreme Court Justice Jim Kitchens will compete against Republican state Sen. Jenifer Branning of Neshoba County. In areas on the Gulf Coast, Jennifer Schloegel and Amy St. Pé will face each other for an open seat on the Court of Appeals.
Candidates for judicial offices in Mississippi are technically nonpartisan, but political parties and trade associations often contribute money to candidates and cut ads for them, which has increasingly made them almost as partisan as other campaigns.
In the Central District Supreme Court race, GOP forces are working to oust Kitchens, one of the dwindling number of centrist jurists on the high Court. Conservative leaders also realize Kitchens is next in line to lead the court as chief justice should current Chief Justice Mike Randolph step down.
Kitchens is one of two centrist members of the high court and is widely viewed as the preferred candidate of Democrats, though the Democratic Party has not endorsed his candidacy.
Kitchens, first elected to the court in 2008, is a former district attorney and private-practice lawyer. On the campaign trail, he has pointed to his experience as an attorney and judge, particularly his years prosecuting criminals and his rulings on criminal cases.
In an interview on Mississippi Today’s ‘The Other Side’ podcast, Kitchens said his opponent, who primarily practices real estate law, would be at a “significant disadvantage” because the state Supreme Court often reviews criminal cases and major civil lawsuits that are sent to them on appeal.
“I’m sure she has an academic knowledge about the circuit courts that she perhaps learned in law school or perhaps has been to some seminars, but she does not have the hands-on trial experience that I have,” Kitchens said. “And that’s so important to the work that I do.”
Branning, a private-practice attorney, was first elected to the Legislature in 2015. She has led the Senate Elections and Transportation committees. During her time at the Capitol, she has been one of the more conservative members of the Senate leadership, voting against changing the state flag to remove the Confederate battle emblem, voting against expanding Medicaid to the working poor and supporting mandatory and increased minimum sentences for crime.
While campaigning for the judicial seat, she has pledged to ensure that “conservative values” are always represented in the judiciary, but she has stopped short of endorsing policy positions — which Mississippi judicial candidates are prohibited from doing.
Branning declined an invitation to appear on Mississippi Today’s podcast.
“Mississippians need and deserve Supreme Court justices that are constitutionally conservative in nature,” Branning said in a recent interview with radio station SuperTalk Mississippi. “And by that, I mean justices that simply follow the law. They do not add or take away.”
The two candidates have collectively raised around $187,00 and spent $182,00 during the final stretch of the campaign, according to campaign finance reports filed with the Secretary of State’s office.
Since she initially qualified in January, Branning has raised the most amount of money at $879,871, with $250,000 of that money coming from a loan she gave her campaign. She spent around $730,000 of that money. Several third party groups have supported her campaign.
Kitchens has raised around $514,00 since he qualified for reelection. He’s spent roughly $436,000 of that money, and some of his top contributors have been trial attorneys.
For the open Court of Appeals seat, Schloegel and St Pe, two influential names on the Gulf Coast, are working to turn out their voters in a close election.
Schloegel is a Chancery Court judge in Harrison, Hancock and Stone counties. St. Pé is an attorney in private practice, a municipal court judge in Gautier, and a city attorney for Moss Point.
Schloegel has raised roughly $214,000 since she qualified, and has spent almost that same amount of money this election cycle. St. Pé has raised around $480,000 this year and spent approximately $438,067 during that timeframe.
Whoever wins the race, it ensures that a woman will fill the open seat. After the election, half of the judges on the 10-member appellate court will be women, the most number of women who have served on the court at one time.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
On this day in 1961
Nov. 22, 1961
Five Black students, made up of NAACP Youth Council members and two SNCC volunteers from Albany State College, were arrested after entering the white waiting room of the Trailways station in Albany, Georgia.
The council members bonded out of jail, but the SNCC volunteers, Bertha Gober and Blanton Hall declined bail and “chose to remain in jail over the holidays to dramatize their demand for justice,” according to SNCC Digital Gateway. The president of Albany State College expelled them.
Gober became one of SNCC’s Freedom Singers and wrote the song, “We’ll Never Turn Back,” after the 1961 killing of Herbert Lee in Mississippi. The tune became SNCC’s anthem.
After her release from jail, Gober joined other students, and police arrested her and other demonstrators. Back in the same jail, she sang to the police chief and mayor to open the cells, “I hear God’s children praying in jail, ‘Freedom, freedom, freedom.’”
Albany State suspended another student, Bernice Reagon, after she joined SNCC. She poured herself into the civil rights movement and later formed the Grammy-nominated a cappella group Sweet Honey in the Rock to educate and empower the audience and community.
“When I opened my mouth and began to sing, there was a force and power within myself I had never heard before,” a power she said she did not know she had.
Other members of the Freedom Singers included Cordell Reagon, Bernice Johnson, Dorothy Vallis, Rutha Harris, Bernard Lafayette and Charles Neblett. On the third anniversary of the sit-in movement in 1963, they performed at Carnegie Hall.
“This is a singing movement,” SNCC leader James Forman told a reporter. “The songs help. Without them, it would be ugly.”
Today, the Albany Civil Rights Institute houses exhibits on these protesters, Martin Luther King Jr. and others who joined the Albany Movement.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
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