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MDOC prisoner vows hunger strike if his sexual assault complaint is not investigated

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A prisoner at the Walnut Grove Correctional Facility, a state prison once deemed among the worst for sexual misconduct in the nation, has pledged to go on another hunger strike if the Mississippi Department of Corrections fails to investigate his allegations that a guard inappropriately touched him during a pat down.

The status of Garnett Hughes’ three-month-old complaint is unclear as he has received conflicting information from prison staff, and MDOC wouldn’t comment on the case except to say “the agency is handling this matter in accordance with our policies and procedures.”

Garnett Hughes, who is incarcerated at Walnut Grove Correctional Facility, has pledged to go on a hunger strike if his PREA complaint is not investigated by Jan. 15. Credit: Courtesy Danielle Hughes

On Oct. 16, Hughes, 35, filed a grievance alleging that a week earlier, three officers had awoken him in the middle of the night, ordered him out of bed and, while patting Hughes down, touched him “in the wrong area.” When Hughes said “don’t touch me there,” one of the officers allegedly told Hughes to shut his mouth and follow orders before doing it again. 

This grievance should have triggered MDOC to conduct an investigation under the Prison Rape Elimination Act, a federal law that requires prisons to maintain “zero tolerance” toward sexual violence.

But Hughes said no one from MDOC ever spoke to him about what happened until early December when — in the midst of a hunger strike Hughes undertook to regain his canteen and phone privileges that he lost after attempting to flee — a nurse practitioner told him the case was closed due to a lack of visual evidence. It’s not clear how the nurse practitioner learned of Hughes’ complaint, which is supposed to be confidential, and he did not receive any formal notification as required under the PREA (pronounced pre-yuh) law.

A few days later, Hughes said another prison staff member told him his complaint was being investigated. Still, no one has contacted Hughes to ask him any questions, such as the name of the officer Hughes alleges violated him, which isn’t noted in his grievance. And, those same officers continue to come to Hughes’s zone, he said.

Now Hughes is pledging to go on another hunger strike if he doesn’t hear anything by Jan. 15 from the Corrections Investigation Division, the office within MDOC that is responsible for investigating complaints of prison rape. Hughes also has a Change.org petition seeking his release.

“I’m putting my trust that they are gonna do their jobs,” Hughes told Mississippi Today, adding, “but I gave up on asking, and I’m like, whenever the 15th comes, I’m going to go back up on my hunger strike and deal with it that way.”

Hughes’ stance toward MDOC isn’t unusual; many incarcerated people distrust internal processes to resolve their complaints about sexual abuse, which often go unreported, according to the National PREA Resource Center.

In Mississippi, that’s an instinct borne out by the troubled state of MDOC’s facilities which face widespread understaffing, deteriorating infrastructure and a culture of violence. And Walnut Grove, where Hughes has been incarcerated since December 2022, had an especially notorious reputation for horror and violence when it was a private prison, with the Justice Department once finding that “the sexual misconduct we found was among the worst that we have seen in any facility anywhere in the nation.”

Walnut Grove closed in 2016 but it was reopened by Commissioner Burl Cain in 2021 to house alcohol and substance abuse programs and anyone deemed a gang member.

Data also backs up the lack of trust Hughes and other incarcerated people feel. Under PREA, any allegation of sexual violence toward an incarcerated person — whether in the form of a grievance filed by that person or a call from a third-party source — is supposed to trigger an investigation. But according to state and federal data, when cases are reported, what often happens is: nothing.

At the federal level, a 2022 congressional report found that of more than 5,000 allegations of sexual abuse by Bureau of Prison employees, 134 were substantiated.

In Mississippi, there were 194 allegations of sexual misconduct or harassment by prison staff on incarcerated people between 2012 and 2021, according to reports available on MDOC’s website. Just eight were substantiated. The rate isn’t much better for prisoners who allege they were assaulted by other prisoners: Of 602 allegations, 18 were substantiated.

These numbers don’t include MDOC’s reports from 2014 and 2016, which aren’t available, and 2019 because it contains duplicative numbers from 2018. An MDOC spokesperson said the agency would update its website “to reflect our current PREA statistics.”

There are several reasons why so few allegations of prison rape are substantiated, said Julie Abbate, the national advocacy director at Just Detention International, an organization that aims to end sexual violence in detention facilities. Abbate was part of the working group that helped draft PREA standards.

One reason is that the correctional officers often charged with investigating PREA complaints apply a tougher burden of proof than they are supposed to.

“Because correctional staff have a law enforcement mentality, they often go to the burden of proof of ‘beyond a reasonable doubt,’ which is quite high,” Abbate said. “For administrative investigations, they should only be using a ‘preponderance of the evidence’ standard.”

Another reason is officers may feel like it’s futile to punish an incarcerated person when they’re already serving prison time. Put differently, every aspect of incarceration, from intake to the fact that guards have total authority over prisoners, can exacerbate conditions that lead to prison rape.

It’s been illegal to rape people forever,” Abbate said. “If you could just criminalize your way out of this issue, it would be done, just like if you could criminalize your way out of the crime problem in the country, it would be done. It doesn’t work on the streets, and it doesn’t work in a correctional facility.”

And prison rape can be difficult to substantiate. In particular, Abbate said allegations like Hughes’ of improper pat downs can be especially tough to prove since pat downs are, by nature, invasive.

Other aspects of Hughes’ case are emblematic of the problems that persist in prisons despite PREA, Abbate said. Most alarming to her is the nurse practitioner who knew Hughes had a complaint and that it was closed.

“Allegations are supposed to be disclosed just on a need-to know basis to avoid any sort of retaliation or rumor-mongering,” she said.

Since PREA complaints are confidential, MDOC isn’t required to share information about Hughes’ case with anyone, including the press. Confidentiality is crucial to protect incarcerated people, but Abbate noted it can backfire in some circumstances.

“It can certainly have unintended consequences when well-intended outsiders are looking at what’s going on on the inside,” she said.

That was the case with Anthony Allen, a former correctional officer who now works as a bail bondsman in south Mississippi and makes YouTube videos about the conditions in MDOC’s prisons. In mid-October, Allen was contacted by a prison-reform advocate who was concerned about Hughes’ case. So, hoping to help, he called Walnut Grove to make a third-party report.

Allen was transferred to CID.

“I’m trying to see if y’all will take the complaint and investigate it,” he told the staff member, according to a recording he made of the call.

“What’s your name?” She asked. “And who do you work for?”

It wasn’t until Allen explained he is still a certified correctional officer that the staff member told him, “I’m gonna get your number and get our investigator to give you a call.”

No one did.

“You could be someone sweeping the floor in the warden’s office,” Allen said. “If you are given a complaint, that is failure to report and that is a big fine and that is something you do not do.”

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

Mississippi Today

On this day in 1867

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mississippitoday.org – Jerry Mitchell – 2024-11-23 07:00:00

Nov. 23, 1867

Extract from the Reconstructed Constitution of the State of Louisiana, 1868. Credit: Library of Congress

The Louisiana Constitutional Convention, composed of 49 White delegates and 49 Black delegates, met in New Orleans. The new constitution became the first in the state’s history to include a bill of rights. 

The document gave property rights to married women, funded public education without segregated schools, provided full citizenship for Black Americans, and eliminated the Black Codes of 1865 and property qualifications for officeholders. 

The voters ratified the constitution months later. Despite the document, prejudice and corruption continued to reign in Louisiana, and when Reconstruction ended, the constitution was replaced with one that helped restore the rule of white supremacy.

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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Crystal Springs commercial painter says police damaged his eyesight

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mississippitoday.org – Mina Corpuz – 2024-11-22 12:21:00

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. 

Yvonne Florczak-Seeman poses for a portrait at her business, The Butterfly Garden, in Crystal Springs, Miss., Tuesday, Oct. 1, 2024. Credit: Eric Shelton/Mississippi Today

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. 

Crystal Springs Mayor Sally Garland Credit: Crystal Springs website

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.

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Job opening: Jackson Reporter

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mississippitoday.org – Mississippi Today – 2024-11-22 15:00:00

Mississippi Today, a Pulitzer Prize-winning newsroom focused on investigative and accountability journalism, is building a dedicated team of reporters to provide in-depth coverage of Jackson, Mississippi.

As the state’s largest and capital city, Jackson matters greatly to us and all Mississippians. Launched in 2016 as the state’s flagship nonprofit newsroom focused on Mississippi government and policy, Mississippi Today is focusing our lens beyond the statehouse and to the city of Jackson, serving our readers with the watchdog reporting they’ve come to expect from Mississippi Today. Our newsroom, with a proven record of providing impactful government accountability, aims to serve the city more directly with this team.

Our Jackson team will focus on sharp investigative reporting, watchdog accountability journalism and meaningful cultural storytelling. We aim to both elevate the voices of those working for positive change in the community while offering a balanced perspective on the city’s obstacles and triumphs. Our goal is to deliver impactful, honest journalism that will inform, inspire and empower Jackson’s citizens.

The team will be led by Pulitzer Prize winner Anna Wolfe, an investigative reporter with a decade of experience covering Jackson.

Roles and Responsibilities:

  • We are purposefully casting a wide net, hoping to connect with journalists of many different backgrounds who may be uniquely qualified to help us launch this team. If you’re a reporter with any of the following experience or attributes, this team may be for you.
  • Investigative reporting focused on uncovering systemic issues within government and politics. The bigger the impact of your reporting on government leaders or systems, the better.
  • Political reporting covering not only high-profile candidates for offices, but experience delving into issues and ideas that affect a community. We hope to delve deeply into a deep distrust in the city’s institutions.
  • Cultural reporting that highlights the often-overlooked success stories of citizens who are making a positive impact on their communities.
  • Strong understanding of Jackson (or similar large urban centers) and the unique challenges facing the city and its residents.
  • Commitment to the mission of balanced, impactful journalism that centers and respects the voice of the community.
  • Collaborative mindset and ability to work within a team-oriented newsroom.

The starting salary for this position is $58,000. Compensation is commensurate with experience level.

Expectations:

  • Work with a small team of journalists who are focused on social inequities and racial equality in our area.
  • Willingness to collaborate closely with a small team of like-minded journalists.
  • Get people to talk, find willing sources and protect them while telling sensitive and timely stories.
  • Build trust: Many people who have been impacted by inequities in Mississippi have been victims of predatory practices and forces. This will require empathy, patience and savvy.
  • Work with our Audience Team and data and visual journalists to create compelling story presentations.

Qualified candidates should have:

  • Experience working as a reporter in a newsroom.
  • Ability to work quickly, with accuracy and good news judgment.
  • Comfortability in digital or multimedia journalism spaces.
  • Ability to independently develop and cultivate sources.
  • Ability to use social media for research and to engage readers.

What you’ll get:

  • The opportunity to work alongside award-winning journalists and make significant contributions to Mississippi’s top nonprofit, nonpartisan digital news and information sources.
  • Highly competitive salary with medical insurance, and options for vision and dental insurance.
  • Use of appropriate technology and equipment. 
  • 29 days paid time off.
  • Up to 12 weeks of parental family leave, with return-to-work flexibility.
  • Simple IRA with 3 percent company matching. Group-term life insurance provided to employees ($15,000 policy).
  • Support for professional training and attending industry conferences.

How to Apply:

We’re committed to building an inclusive newsroom that represents the people and communities we serve. We especially encourage members of traditionally underrepresented communities to apply for this position, including women, people of color, LGBTQ people and people who are differently abled. Please apply here.

This article first appeared on Mississippi Today and is republished here under a Creative Commons license.

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