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Ex-Noxubee County sheriff will serve one day in prison for lying to the FBI

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mississippitoday.org – Jerry Mitchell, Mukta Joshi and Ilyssa Daly – 2024-08-07 17:45:02

For nearly two decades, former Noxubee County Sheriff Terry Grassaree has dodged allegations of criminal conduct as well as covering it up. On Wednesday, he was finally sentenced by a federal court: to one day in prison.

District Judge Daniel P. Jordan III also gave the 61-year-old retired officer a $2,500 fine and six months’ home detention for lying to the FBI when he denied that he made a jailed woman send him explicit photos and videos in exchange for favorable treatment.

“Power corrupts,” Jordan observed while sentencing Grassaree. “And few people have more power than a county sheriff.”

Grassaree had faced up to five years in prison, but federal sentencing guidelines recommended between zero and six months because he hasn’t been previously convicted.

Jordan rejected prosecutors’ recommendation to sentence Grassaree in the lower half of those guidelines and gave him the maximum under those guidelines.

Although Grassaree’s conviction centered on his lies to the FBI, a 2o23 investigation by Mississippi Today and The New York Times uncovered wide-ranging and serious allegations far beyond them.

At a minimum, the examination detailed gross mismanagement at the Noxubee County jail that repeatedly put female inmates in harm’s way. At worst, it told 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 said they were raped and trying to cover it up when caught.

As sheriff, Grassaree said he stoked fear into the citizens of Noxubee County by imitating his idol, wrestler “Stone Cold” Steve Austin. In the jail, he was called “Big Dog,” and allegations arose that he beat or choked people, including one of his fellow deputies.

On Wednesday, Jordan described what he called “a disturbing pattern of lawlessness in the county jail” that included witnesses saying Grassaree choked a female employee as well as allegations he beat inmates with a broomstick and “gave the greenlight” for the beatings of other inmates.

In a 2007 lawsuit, at least four people who had been arrested gave sworn statements accusing 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.

“I can’t ignore all of that,” Jordan said. “You ran that department.”

On Tuesday, Jordan sentenced former deputy Vance Phillips, who had sex with a  jailed woman behind bars for years, to one day in prison, plus a $2,500 fine and eight months’ home detention, where he will be allowed to work his 60-hour-a-week job, play drums in the church band and visit his doctor if he wishes.

During Phillips’ sentencing hearing, Jordan remarked that she “wasn’t really a victim because she flirted and initiated the relationships.

The jailed woman, Elizabeth Layne Reed, said the judge’s remark blindsided her.

Reed — who spent four years in jail accused of a homicide that the district attorney eventually dismissed, concluding she was innocent — described her incarceration as “torture” and said the judge’s comments were akin to victim blaming.

“I’m the one in jail. They have the power over me. I never wanted to have sex,” she said.  “I was afraid because I knew the power that the sheriff had.” 

She denied that she initiated sexual contact with members of the sheriff’s office. She said she asked Phillips if he could get her a cellphone to use so she could contact her family. 

But she didn’t have any cash on hand, she said, and asked Phillips if she could pay him at a later date.

“Well, there is another way you could get it in if you really wanted it,” she quoted him as saying. “That’s when it first started. He initiated every bit of it.”

By Wednesday, Jordan had changed his mind. “I do consider her to be a victim,” he said, owing to the diminished authority possessed by Reed at the time, and the unequal power dynamic between her and Phillips and Grassaree.

Jordan said Grassaree was a willing participant who lied about his actions. He allowed Reed to receive a contraband cellphone and other benefits. He even made her a trusted inmate, also known as a “trusty.” 

In both Mississippi and federal prisons, it is a crime for an officer to bring in contraband. It is also a felony to have sex with any inmate. Under state law, a convicted officer faces up to five years in prison; under federal law, that maximum is 15 years.

But pursuing federal charges in cases involving state jails or prisons is complicated by guidance issued by the Department of Justice in 2018, which stipulates that 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.

Andrea Armstrong, a law professor at Loyola University, said the Prison Rape Elimination Act standards “are clear: sex between an incarcerated person and a staff member is sexual abuse. Full stop. That’s because an incarcerated person is under the total control and authority of staff. Fully voluntary and free consent in such situations is impossible.”

After Grassaree’s sentencing, his attorney, Aafram Sellers, said his client was facing the consequences of his actions, for which he takes full responsibility. “Law enforcement is held to a higher standard, to protect and serve,” Sellers said. “He made some bad choices. But this sentence reflects the career of a man who upheld the law and served his community.” 

Sellers asked for probation for Grassaree, who has suffered a heart attack and is now caring for his 87-year-old mother, who lives next door.

Grassaree rose through 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.

The investigation by Mississippi Today and the Times revealed that allegations have dogged Grassaree for much of his time in the department.

At least eight men — including four deputies and Grassaree himself — have been accused by jailed women of sexual touching or abuse while Grassaree was in charge.

In her 2020 lawsuit, which was settled for an unknown amount, Reed described how she had been coerced into having sex with two deputies. In return, the deputies supplied her with contraband cellphones.

She also described sexual touching by Grassaree and additional deputies, including Damon Clark. None of the deputies besides Phillips was prosecuted. A grand jury did indict the three male inmates accused of rape, only to reverse itself a day later.

According to her lawsuit, Grassaree knew all about his deputies’ “sexual contacts and shenanigans” but did nothing to “stop the coerced sexual relationships.” 

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 Grassaree touched her in a “sexual manner.”

It was revealed in court Wednesday that Phillips told authorities that when Grassaree confronted him, he admitted he had sex with Reed and that Grassaree sent him home for the day.

Sellers said Grassaree heard rumors about Phillips having sex, but never confirmed it. Grassaree denied touching Reed sexually.

Even now, no higher authority has reviewed how 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 Grassaree and his staff left jail cell keys hanging openly on a wall, male inmates opened the doors to the cell of two female inmates and raped them, according to statements the women gave to state investigators. One of the women said Grassaree pressured her to sign a false statement to cover up the crimes, according to a report made by the Mississippi Bureau of Investigation. The other said that Grassaree pressured her into staying silent, telling her that if she spoke up about the rapes, he and other deputies would “lose their jobs,” according to her sworn statement.

Reed said Wednesday that “just because the justice system failed me, that doesn’t mean that others who went through it or are going through it should not speak up.”

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

Mississippi Today

On this day in 1997

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mississippitoday.org – Jerry Mitchell – 2024-12-22 07:00:00

Dec. 22, 1997

Myrlie Evers and Reena Evers-Everette cheer the jury verdict of Feb. 5, 1994, when Byron De La Beckwith was found guilty of the 1963 murder of Mississippi NAACP leader Medgar Evers. Credit: AP/Rogelio Solis

The Mississippi Supreme Court upheld the conviction of white supremacist Byron De La Beckwith for the 1963 murder of Medgar Evers. 

In the court’s 4–2 decision, Justice Mike Mills praised efforts “to squeeze justice out of the harm caused by a furtive explosion which erupted from dark bushes on a June night in Jackson, Mississippi.” 

He wrote that Beckwith’s constitutional right to a speedy trial had not been denied. His “complicity with the Sovereignty Commission’s involvement in the prior trials contributed to the delay.” 

The decision did more than ensure that Beckwith would stay behind bars. The conviction helped clear the way for other prosecutions of unpunished killings from the Civil Rights Era.

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

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Mississippi Today

Medicaid expansion tracker approaches $1 billion loss for Mississippi

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mississippitoday.org – Bobby Harrison – 2024-12-22 06:00:00

About the time people ring in the new year next week, the digital tracker on Mississippi Today’s homepage tabulating the amount of money the state is losing by not expanding Medicaid will hit $1 billion.

The state has lost $1 billion not since the start of the quickly departing 2024 but since the beginning of the state’s fiscal year on July 1.

Some who oppose Medicaid expansion say the digital tracker is flawed.

During an October news conference, when state Auditor Shad White unveiled details of his $2 million study seeking ways to cut state government spending, he said he did not look at Medicaid expansion as a method to save money or grow state revenue.

“I think that (Mississippi Today) calculator is wrong,” White said. “… I don’t think that takes into account how many people are going to be moved off the federal health care exchange where their health care is paid for fully by the federal government and moved onto Medicaid.”

White is not the only Mississippi politician who has expressed concern that if Medicaid expansion were enacted, thousands of people would lose their insurance on the exchange and be forced to enroll in Medicaid for health care coverage.

Mississippi Today’s projections used for the tracker are based on studies conducted by the Institutions of Higher Learning University Research Center. Granted, there are a lot of variables in the study that are inexact. It is impossible to say, for example, how many people will get sick and need health care, thus increasing the cost of Medicaid expansion. But is reasonable that the projections of the University Research Center are in the ballpark of being accurate and close to other studies conducted by health care experts.

White and others are correct that Mississippi Today’s calculator does not take into account money flowing into the state for people covered on the health care exchange. But that money does not go to the state; it goes to insurance companies that, granted, use that money to reimburse Mississippians for providing health care. But at least a portion of the money goes to out-of-state insurance companies as profits.

Both Medicaid expansion and the health care exchange are part of the Affordable Care Act. Under Medicaid expansion people earning up to $20,120 annually can sign up for Medicaid and the federal government will pay the bulk of the cost. Mississippi is one of 10 states that have not opted into Medicaid expansion.

People making more than $14,580 annually can garner private insurance through the health insurance exchanges, and people below certain income levels can receive help from the federal government in paying for that coverage.

During the COVID-19 pandemic, legislation championed and signed into law by President Joe Biden significantly increased the federal subsidies provided to people receiving insurance on the exchange. Those increased subsidies led to many Mississippians — desperate for health care — turning to the exchange for help.

White, state Insurance Commissioner Mike Chaney, Gov. Tate Reeves and others have expressed concern that those people would lose their private health insurance and be forced to sign up for Medicaid if lawmakers vote to expand Medicaid.

They are correct.

But they do not mention that the enhanced benefits authored by the Biden administration are scheduled to expire in December 2025 unless they are reenacted by Congress. The incoming Donald Trump administration has given no indication it will continue the enhanced subsidies.

As a matter of fact, the Trump administration, led by billionaire Elon Musk, is looking for ways to cut federal spending.

Some have speculated that Medicaid expansion also could be on Musk’s chopping block.

That is possible. But remember congressional action is required to continue the enhanced subsidies. On the flip side, congressional action would most likely be required to end or cut Medicaid expansion.

Would the multiple U.S. senators and House members in the red states that have expanded Medicaid vote to end a program that is providing health care to thousands of their constituents?

If Congress does not continue Biden’s enhanced subsidies, the rates for Mississippians on the exchange will increase on average about $500 per year, according to a study by KFF, a national health advocacy nonprofit. If that occurs, it is likely that many of the 280,000 Mississippians on the exchange will drop their coverage.

The result will be that Mississippi’s rate of uninsured — already one of the highest in the nation – will rise further, putting additional pressure on hospitals and other providers who will be treating patients who have no ability to pay.

In the meantime, the Mississippi Today counter that tracks the amount of money Mississippi is losing by not expanding Medicaid keeps ticking up.

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

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Mississippi Today

On this day in 1911

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mississippitoday.org – Jerry Mitchell – 2024-12-21 07:00:00

Dec. 21, 1911

A colorized photograph of Josh Gibson, who was playing with the Homestead Grays Credit: Wikipedia

Josh Gibson, the Negro League’s “Home Run King,” was born in Buena Vista, Georgia. 

When the family’s farm suffered, they moved to Pittsburgh, and Gibson tried baseball at age 16. He eventually played for a semi-pro team in Pittsburgh and became known for his towering home runs. 

He was watching the Homestead Grays play on July 25, 1930, when the catcher injured his hand. Team members called for Gibson, sitting in the stands, to join them. He was such a talented catcher that base runners were more reluctant to steal. He hit the baseball so hard and so far (580 feet once at Yankee Stadium) that he became the second-highest paid player in the Negro Leagues behind Satchel Paige, with both of them entering the National Baseball Hame of Fame. 

The Hall estimated that Gibson hit nearly 800 homers in his 17-year career and had a lifetime batting average of .359. Gibson was portrayed in the 1996 TV movie, “Soul of the Game,” by Mykelti Williamson. Blair Underwood played Jackie Robinson, Delroy Lindo portrayed Satchel Paige, and Harvey Williams played “Cat” Mays, the father of the legendary Willie Mays. 

Gibson has now been honored with a statue outside the Washington Nationals’ ballpark.

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

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