Mississippi Today
Ex-Noxubee County sheriff will serve one day in prison for lying to the FBI
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 1972
Nov. 16, 1972
A law enforcement officer shot and killed two students at Southern University in Baton Rouge after weeks of protests over inadequate services.
When the students marched on University President Leon Netterville’s office, Louisiana Gov. Edwin Edwards sent scores of police officers in to break up the demonstrations. A still-unidentified officer shot and killed two 20-year-old students, Leonard Brown and Denver Smith, who weren’t among the protesters. No one was ever prosecuted in their slayings.
They have since been awarded posthumous degrees, and the university’s Smith-Brown Memorial Union bears their names. Stanley Nelson’s documentary, “Tell Them We Are Rising: The Story of Black Colleges and Universities,” featured a 10-minute segment on the killings.
“They were exercising their constitutional rights. And they get killed for it,” former student Michael Cato said. “Nobody sent their child to school to die.”
In 2022, Louisiana State University Cold Case Project reporters, utilizing nearly 2,700 pages of previously undisclosed documents, recreated the day of the shootings and showed how the FBI narrowed its search to several sheriff’s deputies but could not prove which one fired the fatal shot. The four-part series prompted Louisiana Gov. John Bel Edwards to apologize to the families of the victims on behalf of the state.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
Gloster residents protest Drax’s new permit request
GLOSTER — Drax, the United Kingdom-based wood pellet producer that’s violated air pollution limits in Mississippi multiple times, is asking the state to raise the amount of emissions it’s allowed to release from its facility in Gloster.
In September, the state fined Drax $225,000 for releasing 50% over the permitted limit of HAPs, or Hazardous Air Pollutants, from its facility Amite BioEnergy. In a pending permit application that it submitted to the Mississippi Department of Environmental Quality in 2022, the company is seeking to transition from a “minor source” of HAPs to a “major source.”
A “major source” permit would remove the limit over the facility’s total HAP emissions, but it would apply a new limit over the rate at which Drax could release the pollutants.
This year’s fine was its second penalty for violating Mississippi law around air pollution limits. In 2020, the state fined the company $2.5 million for releasing over three times the legal threshold of Volatile Organic Compounds, or VOCs, one of the largest such fines in state history. Drax underestimated its VOC releases since the facility opened in 2016, but didn’t realize it until 2018. The facility didn’t come into compliance until 2021.
The Environmental Protection Agency lists a variety of potential health impacts from exposure to HAPs, including damage to the immune system and respiratory issues. VOCs can also cause breathing problems, as well as eye, nose and throat irritation, according to the American Lung Association.
For years since Drax’s violations became public, nearby residents have attributed health issues to living near the facility. During a public hearing on Drax’s permit request Thursday in Gloster, attendees reiterated those concerns.
“We all experience headaches every day,” resident Christie Harvey said about her and her grandchildren. Harvey said she has asthma too, and her doctor was “baffled” by her symptoms. “Each week I have to take (my grandchildren) to the clinic for upper respiratory issues … It’s not fair that we have to go through this. Drax needs to lower the pollution as much as possible.”
Part of the public outcry is the proximity of people’s homes to the plant, which is within a mile of Gloster’s downtown.
“The wood pellet plant in Lucedale is situated in an industrial park outside of town,” Andrew Whitehurst of Healthy Gulf, an environmental group dedicated to protecting the Gulf of Mexico’s natural resources, said at the meeting. “The wood pellet plant that (Enviva is) trying to put in Bond will be situated north and west of the downtown area. Not like this when it’s right smack in the middle (of the city). It’s totally inappropriate. People can’t take it, they don’t deserve it.”
In a statement to Mississippi Today, Drax said it prioritizes the public health and environment in Gloster, adding that the permit modification is a part of standard business practice.
“When we first began operations, some of our original permits were not fit for purpose,” spokesperson Michelli Martin said via e-mail. “We are now working to acquire the appropriate permits for our operating output and to improve our compliance. Within these permits the requirements may change based on engineering data and industry standards. This permit modification is part of our ongoing plan to provide MDEQ with the most accurate data. Drax fully supports the resolution of our permitting request and looks forward to working with MDEQ to finalize the details.”
While researchers, including from Brown University, are studying the health symptoms of residents near the wood pellet plant, there is no proven connection between the facility’s emissions and those symptoms.
Erica Walker, a Jackson native who teaches epidemiology at Brown and who’s leading the study, spoke to Mississippi Today earlier this year. Regardless of the cause and effect, she said, the decision to put the plant near disadvantaged communities with poor health outcomes is concerning.
“We want to make sure we aren’t additionally burdening already burdened communities,” Walker said.
About 1,300 people live in the city, according to Census data, and 39% live below the poverty line.
Moreover, Gloster residents often have to travel hours, to cities such as McComb and Baton Rouge, to find the nearest medical specialist. Amite County, where Gloster is, has a higher rate of uninsured residents than the rest of the state, according to County Health Rankings, and the ratio of residents to primary care physicians is over three times greater in the county than Mississippi as a whole.
As part of its application, Drax is seeking a Title V permit under the Clean Air Act, which the EPA requires for major sources of air pollutants. This gives the EPA the opportunity to review Drax’s application and public comments submitted with it. The public can submit comments on the application until Nov. 26, and can do so through MDEQ’s website.
The Mississippi Environmental Quality Permit Board, which is made up of officials from several state agencies, will then decide whether or not to grant the new permits. A full overview of the process and Drax’s application is available online.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
Mississippi receives ‘F’ rating on preterm birth rate
Mississippi received an F grade for its rate of preterm births in 2023 – those occurring before 37 weeks gestation – from the 2024 March of Dimes report card.
Mississippi’s preterm birth rate was 15%, the worst in the country. Any state with a rate greater than 11.5% also received an F. The U.S. average was 10.4%.
Preterm births in Mississippi have risen steadily over the last decade, increasingly nearly 2% since 2013. In Jackson, the state capital, nearly one in five babies are born preterm, according to the report.
“As a clinician, I know the profound impact that comprehensive prenatal care has on pregnancy outcomes for both mom and baby,” Dr. Amanda P. Williams, interim chief medical officer at March of Dimes, said in a press release. “Yet, too many families, especially those from our most vulnerable communities, are not receiving the support they need to ensure healthy pregnancies and births. The health of mom and baby are intricately intertwined. If we can address chronic health conditions and help ensure all moms have access to quality prenatal care, we can help every family get the best possible start.”
In addition to inadequate prenatal care, factors such as smoking, hypertension, diabetes and unhealthy weight can cause people to be more likely to have a preterm birth.
The report highlighted several other metrics, including infant mortality – in which Mississippi continues to lead the nation.
In 2022, 316 babies in the state died before their first birthday. Among babies born to Black mothers, the infant mortality rate is 1.3 times higher.
The state’s maternal mortality rate of 39.1 per 100,000 live births is nearly double the national average of 23.2.
Mississippi has yet to expand Medicaid – one of only 10 states not to do so – and tens of thousands of working Mississippians remain without health insurance. It also has not implemented paid family leave, doula reimbursement by Medicaid, or supportive midwifery policies – all of which March of Dimes says are critical to improving and sustaining infant and maternal health care.
The Legislature passed a law last session that would make timely prenatal care easier for expectant mothers, but more than four months after the law was supposed to go into effect, pregnant women still can’t access the temporary coverage.
“March of Dimes is committed to advocating for policies that make healthcare more accessible like Medicaid expansion, addressing the root causes of disparities, and increasing awareness of impactful solutions like our Low Dose, Big Benefits campaign, which supports families and communities to take proactive steps toward healthy pregnancies,” Cindy Rahman, March of Dimes interim president and CEO, said in a press release.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
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