Mississippi Today
AG seeks execution dates for two death row inmates
Attorney General Lynn Fitch is asking the Supreme Court to set execution dates for two men on death row.
The Thursday motions are for 55-year-old Willie Jerome Manning, who has been on death row for nearly 30 years, and 60-year-old Robert Simon Jr., who has been there for over 30 years.
Fitch’s office wants the court to set execution dates within the next 30 days.
The state‘s most recent execution was last year when Thomas Loden Jr. was put to death a week and a half before Christmas.
Willie Jerome Manning was convicted of shooting Mississippi State University students Tiffany Miller and Jon Steckler in 1994.
Manning has maintained his innocence. After a direct appeal, federal court proceedings, a motion for post-conviction relief and an attempt to have the U.S. Supreme Court to hear his case, the state asked for Manning’s execution date to be reset for May 2013.
That execution was stayed, and Manning was able to file another post-conviction relief petition, including having DNA evidence tested and expert fingerprint analysis performed in the trial court, according to court records.
The attorney general’s office has asked for the stay of execution to be lifted and for the court to dismiss a second successive post-conviction relief motion so that Manning’s execution date can be set.
โManning’s pending motion is a blatant attempt to delay his lawful execution,โ the AG‘s motion states.
Manning’s second motion for post-conviction relief, filed in September, argues that the state pursued a weak case with no DNA or physical evidence to link him to the murders.ย
The Office of Post-Conviction Counsel, which represents Manning, said in a Friday statement that the state hasn’t resonded to the petition or considered the evidence.
“Executions are not the place to act first and ask questions later,” the office said in a statement.
The limited evidence had deteriorated, scientific developments have undermined previous analysis and identification used in the case and key witnesses have admitted that their testimony was fabricated in exchange for favorable treatment from the state, according to the statement.
โThe brutal murders of these two young people were tragic. Their families deserve justice,” the office said in its statement. “However, a death sentence based on false forensic evidence and fabricated witness testimony is not justice.โ
Manning has already been exonerated in another double murder case.
In 1993, he was accused of killing 90-year old Alberta Jordan and her 60-year-old daughter Emmoline Jimmerson in their Starkville apartment, and convicted for their murders in 1996. Manning was simultaneously fighting convictions in this case and the murders of the MSU students.
The Mississippi Supreme Court ordered a new trial in the case, and the Oktibbeha County District Attorney dismissed the charges, according to the National Registry of Exonerations.
Robert Simon Jr. was convicted with co-defendant Anthony Carr, who is also on death row, of murdering a Quitman County family in 1990: Parents Carl and Bobbie Jo and their children, 12-year-old Gregory and 9-year-old Charlotte.
Simon and Carr broke into the home, shot the family and set the residence on fire. Simon was separately convicted for the murder, kidnapping and sexual battery of Charlotte.
He had been scheduled to be executed in May 2011, but a federal appeals court ordered a stay to evaluate a claim that he was mentally incompetent due to a brain injury from a fall and resulting memory loss, according to court records. The court rejected Simon’s claim.
The U.S. Supreme Court ruled that those who are mentally disabled can’t be executed, but across the country those with an intellectual disability remain in prison or are put to death due to the action states have taken to define intellectual disability and set requirements, according to the Death Penalty Information Center.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
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Mississippi Today
Podcast: Mississippiโs top election official discusses Tuesdayโs election
Secretary of State Michael Watson talks with Mississippi Today’s Geoff Pender, Bobby Harrison and Taylor Vance ahead of Tuesday’s election. He urges voters to remember sacrifices many have made to protect Americans’ voting rights and get to the polls, and he weighs in on whether a recent court ruling on absentee vote counting will impact this year’s elections.
READ MORE: As lawmakers look to cut taxes, Mississippi mayors and county leaders outline infrastructure needs
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
Insurance chief willing to sue feds if Gov. Reeves doesnโt support state health exchangeย
State Insurance Commissioner Mike Chaney is willing to sue the federal Centers for Medicare and Medicaid Services if it does not allow Mississippi to create a state-based health insurance exchange because of Republican Gov. Tate Reeves’ potential opposition.
Federal officials, who must approve of a state implementing its own health insurance exchange, want a letter of approval from a state’s governor before they allow a state to implement the program, according to Chaney.
โI don’t know what the governor’s going to do,โ Chaney told Mississippi Today. โI think he’ll probably wait until after the election to make a decision. But I’m willing to sue CMS if that’s what it takes.โ
The five-term commissioner, a Republican, said his requests to Reeves, also a Republican, to discuss the policy have gone unanswered. The governor’s office did not respond to a request to comment on this story.
Earlier this year, the Legislature passed a law authorizing Chaney’s agency to create a Mississippi-based exchange to replace the federal exchange that currently is used by Mississippians to obtain health insurance. The bill became law without the governor’s signature.
States that operate their own exchanges can typically attract more companies to write health insurance policies and offer people policies at lower costs, and it would likely save the state millions of dollars in payments to the federal government.
Chaney also said he’s been consulting with former Republican Gov. Haley Barbour, who also supported some version of a state-based exchange while in office, about implementing a state-based program.
Currently, 21 states plus the District of Columbia have state-based exchanges, though three still operate from the federal platform. Should he follow through and sue the federal government, Chaney said he would use outside counsel and several other states told him they would join the lawsuit.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
On this day in 1868
Nov. 3, 1868
In the first presidential race in the wake of the Civil War, newly enfranchised Black men in the South cast their first ballots. Their 700,000 votes helped elect Republican Ulysses S. Grant, whose campaign theme was, โLet us have peace.โ
In popular vote, he narrowly defeated his Democratic opponent, who demanded a restoration of states’ rights, which included the right to bar Black Americans from voting. Grant won by only 306,000 votes.
In his inaugural address, he talked of unity. โThe country having just emerged from a great rebellion, many questions will come,โ he said. โIt is desirable that they should be approached calmly, without prejudice, hate, or sectional pride, remembering that the greatest good to the greatest number is the object to be attained.โ
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
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