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‘Forever chemicals’ in drinking water are worrying Mississippi residents

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If Alabama’s experience foreshadows Mississippi’s future, expect the EPA to find plenty of toxic “forever chemicals” in the drinking water.

A 2022 map shows Alabama with plenty of drinking water exceeding the recommended limit for these chemicals, known as per- and polyfluoroalkyl substances or PFAS. They have been linked to cancer, birth defects, kidney disease, liver problems, decreased immunity, and increased risk of asthma and thyroid issues.

Mississippians remain in the dark about these forever chemicals, however, because the state doesn’t test.

Anna Reade, senior scientist at the National Resource Defense Council, said testing is critical to keeping drinking water safe. “We can’t assume we don’t have exposure to PFAS unless we test,” she said. “Maine found high levels of PFAS in wells that had gone untested for two decades.”

Once hailed for producing items that could resist heat, stains or water, these chemicals are now considered a menace around the globe. Five nations have already agreed to a European ban on PFAS.

Such a ban would cover the thousands of different types of PFAS, which can be found in everything from non-stick cookware to dental floss. The most closely studied PFAS are perfluorooctanoic acid — PFOA — and perfluorooctanesulfonate — PFOS.

Rather than ban all PFAS, the EPA initially put health advisories on those two chemicals at 70 parts per trillion in drinking water, which have since been updated to well under 1 ppt for PFOA and for PFOS. EPA’s newly proposed regulation would limit them to 4 ppt each.

EPA Administrator Michael S. Regan is pushing to reduce current limits because of health problems associated with these chemicals. He said such a change would “prevent thousands of deaths and reduce tens of thousands of serious PFAS-related illnesses.”

A 2020 study suggests up to 200 million Americans are drinking forever chemicals beyond 1 part per trillion — a level that some experts have proposed as a safe limit for drinking water.

Les Herrington, director of Environmental Health for the state Department of Health, discounted the health risks to Mississippians. He pointed to EPA testing in 2013 and 2014, which “all produced results below detection limits and did not indicate potential concerns at that time.”

Recent testing by Consumer Reports, in collaboration with Mississippi Spotlight, however, raises questions about what might have happened since.

Consumer Reports tested 149 drinking municipal and well water samples in Mississippi’s 82 counties. Of those, 146 contained measurable levels of PFAS. Nearly a third of them exceeded EPA’s health advisory for PFOA in drinking water, and almost half exceeded the health advisory for PFOS.

Crystal Dotson pour a cup of water in her kitchen in Corinth, Miss., Friday, July 21, 2023. After tests were conducted on several homes in the town, the Dotson’s home proved to have the most evidence of Per- and polyfluoroalkyl substances, PFAS. Credit: Eric Shelton/Mississippi Today

Crystal Dotson, 39, of Corinth and her family saw their drinking water tested at 92.5 ppt in total PFAS, which is far beyond the level of 10 that Consumer Reports recommends. (The EPA has no recommendation on total PFAS, just PFOA and for PFOS.)

She wonders if the forever chemicals have played a role in the declining health of her family since they moved to the city of Corinth a decade ago.

Her 56-year-old husband, Tim, who was in good health, has now developed high blood pressure and polycystic kidney disease. Both hypertension and kidney disease have been linked to these forever chemicals.

Before moving to Corinth, he took blood pressure medicine. Now he’s allergic to that medicine and similar medication.

Their 17-year-old daughter, Stella, is now suffering from two auto-immune diseases, psoriasis and psoriatic arthritis. A series of studies have found exposure to PFAS interfere with immune function.

Their 13-year-old daughter, Veda, had to visit a cardiologist because her heart rate and blood pressure were spiking. “They’re running all kinds of tests,” Dotson said.

She said she believes forever chemicals are playing a role in the decline of her family’s health. “You really feel helpless. Our kids are starting out life sick.”

In 2013, the city of Corinth began to get its drinking water from the Tennessee River via the Tenn-Tom Waterway.

Experts say PFAS can be found at oil refineries, water treatment plants, airports, military sites and a number of industrial sites. From there, the PFAS migrate into streams, landfills or other places before winding up in the soil and drinking water.

Tim believes his family, which also gets their drinking water from the Tennessee River, has been affected. “My brother-in-law has two types of cancer,” he said. “My sister has brain cancer. Everybody in my family has had cancer.”

Many states aren’t waiting for the EPA to act. Bills attacking the PFAS problem have been introduced in 35 states, including Georgia, Florida and Texas, according to Safer States. At least half have taken steps to regulate PFAS in drinking water or expand their monitoring. Mississippi isn’t one of them.

As for Dotson, she isn’t waiting. She plans to talk with the city of Corinth about these PFAS.

Since learning what was in their tap water, the Dotsons have started drinking from store-bought bottles, costing them about $15 a week.

Water town in Corinth, Miss., Friday, July 21, 2023. Credit: Eric Shelton/Mississippi Today

Consumer Reports has identified four water filters, including two pitchers and two under-sink models, that can help consumers filter out forever chemicals.

Some systems, such as reverse osmosis, can cost thousands, which is more than many Mississippians can afford. Even if they can, they might not be able to install such a system, because a third of Mississippians, like the Dotsons, rent their homes.

Crystal hopes the family can convince their landlord to install a reverse osmosis system, she said. “We worry about our children. We want to help them.”

Kelly Hunter Foster, senior attorney for the Waterkeeper Alliance, an environmental advocacy organization, said a more ideal solution would be for states to prohibit the release of PFAS, “rather than try to filter them out on the back end. The public should not have to pay for the pollution that these companies create.”

Mississippi is one of at least 18 states that have sued PFAS manufacturers and distributors, saying they knew “these compounds were toxic” and sold them anyway. The lawsuit, filed in federal court, demands that they pay “to investigate, assess, remediate, monitor, and restore the sites in Mississippi” where PFAS were used. Minnesota settled with one manufacturer, 3M, for $850 million.

Mississippi’s lawsuit identifies these known sites as contaminated: Gulfport Combat Readiness Training Center, Gulfport Naval Construction Battalion Center, Keesler Air Force Base, Columbus Air Force Base, Key Field Air National Guard Base, Jackson Air National Guard Base and Naval Air Station Meridian.

Military bases typically use firefighting foam, which has historically contained PFAs. These forever chemicals can be found in many other places, including fast-food packaging. In a 2022 study, Consumer Reports found PFAS in packaging from every retailer tested.

“Additional investigation and testing will undoubtedly uncover further contamination across the State,” the lawsuit says.

In January 2022, Emmy Morrison and her husband bought their downtown Hattiesburg home.

They found water filters on the faucets because of the lead. She was stunned to find out the bigger problem was PFAS.

Thousands of these forever chemicals exist, but regulators test for only a handful of them.

“Unless you are controlling and testing for all those different types of PFAS, you’re missing major amounts of risk,” said Foster of the Waterkeeper Alliance. “When we look at samples we see some of the highest levels in the rare lesser types of PFAS.”

A decade ago, EPA officials tested for six forever chemicals in 80 of Mississippi’s drinking water systems. This year, they are testing for 29 chemicals in 239 water systems and will release the results here.

Consumer Reports tested for 43 chemicals. That is far short of the thousands of PFAS that exist.

Rather than attack PFAS as a class, the regulatory system in America “is stuck on a toxic treadmill,” said Reade of the National Resource Defense Council. “The EPA has taken a small step in the right direction to get off that treadmill.”

In contrast, the European Union is moving toward phasing out all PFAS, she said. “They’re attacking PFAS at their source. Here, we’re still approving new PFAS.”

The National Resource Defense Council is pushing to reduce “people’s exposure to PFAS,” she said. “We can’t make it zero, but we can definitely reduce their exposure and, therefore, their risk. We need to stop adding to the problem in the first place.”

In Morrison’s home, Consumer Reports found a total of 43.6 PFAS, which is four times more than Consumer Reports’ recommendation of 10.

That concerns the 62-year-old Morrison. “I’m glad I’m not young,” she said.

Four decades ago, Fahey House and other Sierra Club members fought to make sure DuPont, which produced PFAS and stored dioxins and other hazardous materials at its plant in DeLisle, didn’t send any waste toward Bay St. Louis.

At least 2,000 people have filed litigation against DuPont, alleging that pollution from the plant has harmed their health, and juries have awarded millions in damages.

In 2005, the EPA uncovered evidence that DuPont had concealed the toxic effects of PFOA, and the company paid a $10.25 million fine, which the agency at the time called the largest environmental administrative penalty in its history.

In 1981, DuPont spotted PFOA in blood samples from pregnant workers in its plant in Washington, West Virginia, and at least one woman had transferred the chemical to her baby, according to the settlement. A decade later, the company learned that the forever chemical was in the public water supply.

DuPont said nothing, and in 2001, the EPA learned of the problem from an attorney working on class-action litigation on behalf of citizens in Ohio and West Virginia who had been affected by the chemical, according to the settlement.

As for House, testing showed total PFAS in her drinking water to be 20.7.

“We’ve got junk in the water,” she said. “I can’t say I’m surprised.”

Before the 74-year-old moved back to her hometown eight years ago, she had a reverse osmosis system for her drinking water in Tampa. Now back on the Mississippi Gulf Coast, she has no such system.

These days, she uses a refrigerator filter on the tap water she drinks. Now she wonders what she needs to do to be safe. “Do I need to bring Perrier from France?” she asked.

She is researching the matter, she said. “I didn’t come this far in life to want to come down with liver cancer.”

This investigation was conducted by Consumer Reports in partnership with Mississippi Spotlight, a collaboration between Mississippi Today, the Clarion Ledger and Mississippi Public Broadcasting.

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

Mississippi Today

Gov. Tate Reeves urges lawmakers to use unspent state revenue for tax cuts

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mississippitoday.org – Taylor Vance – 2024-11-14 11:37:00

Mississippi’s legislative leaders believe two things will happen when lawmakers convene for their next session in January: They will attempt to cut state taxes in some form, and they will have almost the same amount of money to spend during the next fiscal year as they do for the current fiscal year. 

Members of the Joint Legislative Budget Committee and Republican Gov. Tate Reeves agreed on Thursday morning to estimate that the state government will collect about $7.6 billion in tax revenue during the next fiscal year, a slight increase in revenue collections of $26.9 million from the current fiscal year.

Reeves, who is strongly urging lawmakers to pass legislation to abolish the state income tax, pointed out that $600 million in tax revenue from the current fiscal year remains unspent, and that it could be used for tax cuts. 

“I would encourage you for the additional $600 million that we return that back to the taxpayers,” Reeves said.

House Speaker Jason White, who is the current chair of the JLBC, has also strongly encouraged his colleagues to support eliminating the income tax and trimming the grocery tax. He joked with Reeves that there are “lots of crosshairs” on that unspent revenue.  

“Now, some have different bullets than others, but targets nonetheless,” White said. 

The income tax accounts for about 30% of state general fund revenue.

Republican Lt. Gov. Delbert Hosemann, the leader of the Senate, wants lawmakers to trim the 7% sales tax on groceries, the highest of such a tax in the nation. He told reporters after the meeting that he wants to trim the tax while also making sure the state’s public employee retirement system is adequately funded.  

Hosemann said he has an ideal rate in mind for where he would like to see a new grocery tax reduced to, but he declined to share it with reporters ahead of the 2025 legislative session.

Corey Miller, the state economist, told the lawmakers that Mississippi’s economy this year will grow slightly more than anticipated, but predicts the state economy, like the U.S. economy, will slow slightly in 2025 and 2026.

Miller also said sales tax collections have slumped compared to last year, but income tax collections have increased in recent months. He attributed the increase in income tax revenues to anecdotal reports of an increase in the number of new businesses started. 

The Thursday meeting is typically a pro forma part of the state’s budget writing process. The more important meeting will occur in early spring when the committee will adopt a final revenue estimate to determine how much money lawmakers can spend before they pass a budget and adjourn. 

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

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Willie Manning faces execution, despite a crumbling case

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mississippitoday.org – Jerry Mitchell – 2024-11-14 09:24:00

When death row speaks
It comes truly from the heart
It’s a lonely situation
The frustration’s just a start.

— Willie Manning

Unless a court intervenes, the state of Mississippi will execute Willie Manning, despite the fact much of the case against him has crumbled.

If the Mississippi Supreme Court doesn’t give Manning another hearing, justices are expected to grant Attorney General Lynn Fitch’s request to set an execution date.

He remains on death row, convicted of the 1992 murders of two Mississippi State University students, Jon Stephen Steckler and Pamela Tiffany Miller, but the scientific evidence that helped convict him has gone up in smoke.

At trial, an FBI examiner told jurors that bullets fired into a tree, allegedly by Manning, matched those used to kill the couple to the exclusion of all other guns. The FBI later said such a conclusion was not supported by scientific standards.

Another FBI examiner testified that hairs found in Miller’s car belonged to someone Black. Steckler and Miller were white, and Manning is Black. The FBI later called such hair analysis invalid.

Beyond such evidence, the jailhouse informant who implicated Manning has since recanted.

“In this case, there are no fingerprints, fibers, DNA, or other physical evidence linking Manning to the murders or the victims,” wrote Manning’s defense team, which includes attorneys David Voisin and Robert Mink Sr. as well as Krissy C. Nobile, director of the Mississippi Office of Capital Post-Conviction Counsel. “All that remains in his case is recanted testimony and debunked forensic science.”

Fitch said Manning needs to be executed.

“The Court should not allow Manning to abuse the system by citing inapplicable rules, raising baseless claims, and incorrectly relying on this Court’s precedent to further delay execution of his lawful punishment,” she told the justices. “This Court should reject Manning’s latest attempt to further delay execution of his lawful sentence imposed thirty years ago.”

Two double homicides

Two weeks before Christmas in 1992, Mississippi State students were celebrating the end of final exams when the bodies of 19-year-old Steckler and 22-year-old Miller were found on a blood-spattered road at 2:15 a.m., a little more than an hour after they were last seen leaving Steckler’s fraternity house.

Steckler had been shot and run over by Miller’s car. She had been shot twice, and one leg was out of her pants and underwear, but authorities found no evidence of sexual assault.

A month later, the bodies of 90-year-old Alberta Jordan and her 60-year-old daughter, Emmoline Jimmerson, were found slashed to death in their apartment in Starkville.

Both double homicides went unsolved.

The couple’s murders took place on the same night that Steckler’s fraternity brother, John Wise, had his Chrysler Eagle Talon burglarized. He said several items were stolen from his car: a CD player, a silver huggie, a leather bomber jacket and $10 in change, plus a restroom token. Steckler’s watch, gold necklace and Cathedral High School class ring were also missing. So was Miller’s ring.

Jon Steckler and Tiffany Miller Credit: From Oktibbeha County Circuit Court files

Wise identified the token found at the murder scene as identical to the one taken from his car, and authorities theorized that Steckler and Miller had interrupted a burglary outside the fraternity house.

In April 1993, firefighters in Starkville found a silver huggie, which Wise identified as his. At this point, Manning became a primary suspect, Oktibbeha County Sheriff Dolph Bryan testified, but he didn’t explain why. Manning lived out of town, five miles from where the huggie was found.

A month later, the sheriff arrested Manning, previously convicted of burglary, robbery and grand larceny, and charged him with both double homicides.

A day later, the sheriff got a visit from Earl Jordan, who was back in jail after spending more than two years in prison. He had been on the sheriff’s list of suspects because he and another man had reportedly barged into a fraternity house, swiped cash, threatened to steal a car and said, “We are not afraid to kill anybody.”

He told the sheriff that his cousin, Manning, had admitted burglarizing a car with another man, that they forced Steckler and Miller into her car, drove them to a remote location and killed them.

Jailhouse snitches seeking deals

Manning went on trial for the murders of Steckler and Miller.

Witnesses testified that Manning attempted to sell a ring and watch matching the general description of Steckler’s missing jewelry.

Wise testified about the items stolen from his car and identified the token found at the murder scene as identical to the restroom token stolen from his car. One witness said Manning sold him a CD player, which matched the serial number of Wise’s CD player.

Manning admitted he fenced the CD player, according to the sheriff’s notes, but he repeatedly denied being responsible for the couple’s murders.

At trial, two jailhouse informants told the jury, made up of 10 white and two Black jurors, about statements they said Manning had made. Jordan testified that Manning confessed to the murders, and Frank Parker said he overheard Manning talk about selling a gun.

Manning’s former girlfriend, Paula Hathorn, told jurors that Manning fired a gun into a tree in the yard, and FBI examiner John Lewoczko concluded that those bullets matched the ones that killed the couple “to the exclusion of every other firearm … in the world.”

Hathorn told jurors Manning didn’t come home for days after the shooting and gave her a leather jacket, which Wise identified as his.

In closing statements, District Attorney Forrest Allgood pointed at the babyfaced Manning. “He doesn’t look like a blood-thirsty monster,” he said. “Monsters never do.”

The jury convicted Manning.

A day later, the defense lawyer begged for his life, saying vengeance belonged to the Lord.

Allgood said Manning deserved execution for murdering these young students. “They were living bright with promises,” he said. “They were bright with dreams of tomorrows that went on forever. Now they are so much rotting flesh.”

If this “slaughter,” he said, “doesn’t justify the death penalty, then we need to apologize to every other individual on death row.”

The jury agreed, and the judge sent Manning to prison to be executed.

Witnesses recant

Over a five-year period, Hathorn had wracked up 88 bad check charges.

At the time of the murders, she faced 33 of those charges and owed $10,000. Worse than that, she faced up to 10 years in prison.

When she mentioned possible time behind bars, she said Sheriff Bryan told her, “You ain’t going to have to worry about that.”

The sheriff picked her up sometimes and bought her Church’s chicken. She said he also bought her furniture and paid some of her bills.

The sheriff wrote out questions for her to ask Manning and recorded all of her conversations with him in person and over the phone. The defense never knew about these recordings in which Manning said he had nothing to do with the murders.

Before testifying, she said the sheriff coached her, and after the conviction, he took her to the bank and gave her $17,500 in reward money. Authorities dropped all but one of her charges.

She told jurors that she saw him on Dec. 9, 1991, but she did not see him again until Dec. 14.

In a 2023 sworn statement, she said she saw him the day of the Dec. 11 killings. They were both at his mother’s house, which didn’t have running water. They had to boil water on the stove and wash in the sink.

“I never saw Willie Manning with any clothes that had blood on them,” she said, “and I never saw him trying to clean blood off him or off any of his clothes.”

As for Jordan, he initially pointed his finger at two suspects in the murders and passed a lie detector test.

Authorities ruled the men out and arrested Manning. A day later, Jordan told the sheriff that Manning had described carrying out the burglary and murders with Jessie Lawrence.

The problem? Lawrence was in an Alabama jail that day.

There was a logistical problem as well. How did four people cram into Miller’s two-seater sports car?

After Manning’s conviction, Jordan received reward money and pleaded guilty to a reduced charge. He admitted he lied in 2012, but he wouldn’t sign anything until 2023 when the sheriff and district attorney were both out of office.

“Manning never told me he killed anyone,” he said in a sworn statement.

He said he lied at the time because he knew he could have been charged as a habitual offender. When the sheriff shared details about the murders, “I changed some words to the way the sheriff said he thought it happened,” Jordan said. “The sheriff was satisfied.”

At trial, jailhouse informant Frank Parker testified that Manning talked to his cellmate about selling a gun, but that cellmate, Henry Richardson, denied that Manning ever spoke to him about a gun. “All we did was play cards,” he said.

In a sworn statement, Parker’s uncle, former law enforcement officer Chester Blanchard, called his nephew a thief and a liar. “I would not take his word for anything,” he said.

In other statements, two men described seeing Manning at the 2500 Club close to midnight on the same night the murders took place. One said Manning asked him for a ride home, which he declined to do.

In another statement, a woman described parking at the apartments besides Miller’s sports car at 1 a.m.

Manning’s lawyers said this narrow timeframe, combined with his lack of a car, made it impossible for him to have carried out the murders more than 3 miles away.

The lone potential link between the burglary of Wise’s car and the murders was the token found at the murder scene.

Manning’s lawyers questioned whether the token came from Wise’s car since he testified his token was “dirty” while the sheriff described it as “a bright shiny gold colored coin.” A photograph of that token mirrors the sheriff’s description.

These tokens were produced for two service station restrooms in Mississippi as well as other restrooms across the U.S.

Hathorn said the sheriff gave her a much different reason for the murders. She said he drove her out to the gravel road where the killings took place and told her, “It was a drug deal gone bad.”

Manning’s lawyers have wondered if the killings might have been carried out by someone she knew. Miller was shot twice in the face at close range, which might suggest a personal killing. Her sports car was double-parked at an apartment complex not far from her trailer, and her missing ring was found between that trailer and her car.

One woman told police that on the night of the murders, she heard a man yelling after midnight from the direction of Miller’s trailer. Defense lawyers obtained statements from two people who said they heard what sounded like a white man yelling, followed by two gunshots.

Dashed hopes

In 2004, Manning learned he was getting a new trial.

It was the first good news he had heard in years. He had two different lawyers appointed to handle his post-conviction relief in Mississippi. They failed to file anything, and the statute of limitations for filing expired in federal court.

After the state Legislature created the Capital Post-Conviction Relief office in 2000, Voisin and Mink both took on the case and filed Manning’s first post-conviction relief request.

That filing led the Mississippi Supreme Court to conclude that prosecutors at Manning’s trial had been guilty of reversible error because they tried to enhance Jordan’s credibility as a witness by asking him if he had volunteered to take a lie detector test. 

Justices had recently reversed a criminal case for the exact same reason. Now they reversed Manning’s conviction.

Lawyers for the attorney general’s office asked the high court to reconsider its ruling. They called the evidence against Manning “overwhelming” and suggested that the court adopt the U.S. Supreme Court’s limited retroactive standard.

In 2006, the justices followed the attorney general’s advice, reversed their original decision, took away Manning’s hope for a new trial and sent him back to death row.

Voisin called the ruling baffling. “Prosecutors improperly bolstered his [Jordan’s] credibility,” he said, “and we can’t get a hearing.”

Reprieve with four hours to spare

On the morning of May 7, 2013, Manning prepared to be executed. Tonight would be his final meal when he could dine on steak, shrimp or anything else he fancied. He found it strange that they would feed him so well just before they killed him.

Two-way mirrored windows look in at the lethal injection room at the Mississippi State Penitentiary in Parchman, Miss., shown in this July 12, 2002, file photograph. Credit: Photo/Rogelio Solis, File)

Four hours before the 6 p.m. execution, word came that the Mississippi Supreme Court had issued a stay in an 8-1 vote.

Days earlier, the state had received letters from Justice Department officials, who said the ballistics tests were in “error” and that an FBI examiner had overstated conclusions about hair analysis by saying the hair came from an African American.

After halting the execution, justices reversed their denial of a defense request to reexamine a rape kit, fingernail scrapings, hairs and fingerprint evidence in the case. The rape kit again yielded no DNA.

Authorities identified 33 fingerprints inside Miller’s Toyota MR2. Sixteen belonged to Miller or Steckler, but none of them matched Manning.

In hopes of finding other matches, defense lawyers ran the fingerprints through a database known as the Automated Fingerprint Identification System. None was found.

DNA tests on the rape kit provided no additional clues, either.

After raising money to pay for a lab to test the hair from Miller’s car, the hair fragments proved too small and degraded to obtain a DNA profile. 

A specialized lab told defense lawyers that it could do the testing, but Circuit Judge Lee J. Howard IV rejected that request because it had taken longer than three years and because “identifying the mitochondrial DNA of seven hair samples obtained from vacuum sweeping and debris from the car will not call into question [Manning’s] conviction as it is irrelevant to the issue of guilt.”

The Mississippi Supreme Court backed that rejection, saying even if another DNA profile was “discovered from the crime scene evidence, no proof has been shown that it would change the outcome of Manning’s case,” Justice Robert Chamberlin wrote.

After avoiding execution, Manning returned to his death row cell and resumed what he had been doing for decades. Waiting.

He penned a poem:

How many times have I shed tears?
How many people have to die
Before this nation starts to realize
That this system’s all a lie?

Another death penalty, more witnesses recant

In 1996, Manning went on trial for the murders of Jordan and Jimmerson. 

Kevin Lucious said that he and his girlfriend, Likeesha Harris, and their baby lived in the same apartment complex as the victims.

Lucious told jurors that he saw Manning push himself into the victims’ apartment and later tell him if he had known “they” only had $12, he would not have done anything to them.

The jury convicted Manning, and he was sentenced to death.

In a 2011 evidentiary hearing, Lucious, who was serving three life sentences in Missouri, recanted his testimony against Manning, saying he was afraid he would be charged with the murders.

The apartment where Lucious testified that he lived with his girlfriend was actually vacant at the time the killings took place. The Starkville police knew this, but concealed the information from both prosecutors and defense lawyers.

The girlfriend, Harris, testified that as soon as she read in the local newspaper about Lucious’ testimony, she knew it wasn’t the truth. “Kevin was trying to get himself off by any means necessary,” she said. “He lied.”

In a 7-2 vote in 2015, the Mississippi Supreme Court granted Manning a new trial because the state withheld critical information.

“Any attorney worth his salt would salivate at impeaching the State’s key witness using evidence obtained by the Starkville Police Department,” Justice Michael K. Randolph wrote.

Manning’s attorneys never got a chance. Prosecutors dismissed his charges before a new trial ever began.

That dismissal marked the sixth exoneration in the same judicial district, according to the National Registry of Exonerations. All the cases came under longtime district attorney, Allgood, featured in Netflix’s documentary series on cases of wrongful convictions, “The Innocence Files.”

“These numerous wrongful convictions stemming from the same judicial district and prosecutor fit a template: flawed and false forensics and-or official misconduct,” Manning’s defense team wrote. “Manning’s current case follows that template.”

All but one of those exonerated were Black.

Sheriff Bryan denied in testimony that race played any role in the investigation, but he acknowledged creating a list of 13 possible suspects in the murder. All of them were Black.

Black Americans are seven times more likely than white Americans to be wrongly convicted of serious crimes in the U.S., according to a report by the National Registry of Exonerations. 

Of the 29 Mississippians exonerated since 1989, 83% were Black. In fact, Black Americans convicted of murder are about 80% more likely to be innocent than other Americans convicted of murder.

As for false testimony, evidence shows it can often lead to wrongful convictions. Studies show that nearly two-thirds of wrongful murder convictions since 1989 have resulted from false testimony, and nearly half of wrongful capital convictions have resulted from the false testimony of informants.

“The witness intimidation and false testimony in the Jordan-Jimmerson case was an intended feature, not a ‘flaw,’” lawyers Ayanna Hill and Thomas M. Fortner wrote in a friend of the court brief for the ACLU, the NAACP and the Mississippi Office of State Public Defender. “When law enforcement is willing to frame a man twice for murder, it is almost beyond question that more aspects of Mr. Manning’s trial would fall far short of what he was constitutionally entitled to.”

What is justice?

Manning, now 56, sits on death row. Unless a court intervenes, he will be strapped down and injected with a drug to stop his heart.

Chief Justice Michael Randolph poses a question during oral arguments in 2021 regarding Initiative 65 on medical marijuana. Credit: Vickie D. King/Mississippi Today

The same Mississippi Supreme Court that tossed out his conviction in one case is denying him a new hearing in the other. In a 5-4 decision, the chief justice called the evidence against Manning “overwhelming,” saying even Jordan’s recanted testimony “would not have changed the verdict.”

Manning “has had more than a full measure of justice,” he wrote. “Tiffany Miller and Jon Steckler have not. Their families have not. The citizens of Mississippi have not.”

In his dissenting opinion, Presiding Justice Jim Kitchens wrote, “Today the Court perverts its function as an appeal court and makes factual determinations that belong squarely within the purview of the circuit court judge.”

Without Jordan, the case against Manning is circumstantial, and this is why a circuit judge needs to hold a hearing on the truthfulness and timeliness of the recanted testimony, he wrote.

Mississippi’s attorney general said it’s time for Manning to face justice and called on the high court to set an execution date. 

Attorney General Lynn Fitch speaking at the Neshoba County Fair on Thursday, July 28, 2022. Credit: Vickie D. King/Mississippi Today

His “fruitless trip to the circuit court for DNA testing brought the litigation of this case to an end,” Fitch wrote. “Manning’s pending motion is a blatant attempt to delay his lawful execution.”

Former District Attorney Allgood agreed. “There are a lot of deserving individuals for the death penalty,” he said. “[Manning is] certainly one of them.”

Former Sheriff Bryan could not be reached for comment.

Manning’s defense team said if the state of Mississippi goes forward with his lethal injection, it will execute an innocent man.

“What measure of justice is served if the wrong man is put to death?” the lawyers asked. “Will Mississippi allow a man to be executed when it has been proven that corruption, coercion, and false forensics lie at the core of his conviction and death sentence?”

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

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On this day in 1960

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mississippitoday.org – Jerry Mitchell – 2024-11-14 07:00:00

Nov. 14, 1960

Credit: Courtesy of Scholastic

Federal marshals escorted 6-year-old Ruby Bridges into William Frantz Elementary School in New Orleans. Day after day, whites jeered at the Mississippi native and three other Black children, Leona Tate, Gail Etienne and Tessie Prevost, who became the first to attend all-white elementary schools in the South. 

Many white families left the school in protest, but Barbara Henry stayed and taught Bridges. Norman Rockwell depicted Bridges’ entry in his painting “The Problem We All Live With,” and she received the Presidential Citizens Medal in 2001. There is now a statue of her outside the elementary school, which bears her name. 

“I was an innocent child that knew absolutely nothing about what was happening that day,” she recalled, “but I learned a very valuable lesson — we should never look at a person and judge them by the color of their skin. That’s the lesson I learned in first grade.”

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

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