Mississippi Today
Her father was sentenced to life in prison. A Jackson woman seeks law change to bring him home.
Ferlando Esco hasn’t been home in nearly 20 years.
The former Canton resident is serving a life sentence in Mississippi’s prisons not because he was convicted of killing or seriously hurting anyone. The 50-year-old received that sentence under the state’s habitual offender law.
That law states that two prior, separate felony convictions that resulted in a prison sentence of at least one year in state or federal prison can result in a life conviction without the possibility of parole. Only one of the felonies has to be a violent crime.
His daughter, Ferlandria Porter, 30, has been fighting for his release and is calling on the state Legislature to pass laws that give people like her father a chance at parole – a chance to come home.
“I’m still fighting and praying that the laws change, that the habitual offender law changes,” Esco said in a phone interview from a Colorado prison, where he was transferred last year and remains in the custody of the Mississippi Department of Corrections.
Porter is collecting signatures for a petition asking for changes to the habitual offender law. In the petition, she writes the state’s habitual offender law significantly affects those like Esco who committed a felony in adolescence and leaves them without hope.
Esco, who is 50, said the laws don’t recognize how he and others have matured and changed while incarcerated. He tries to help younger men when they come to prison because he sees himself in them. Esco has also taken classes that are available to him and he prays.
A 2019 report by FWD.us found that more than 2,600 people are serving prison time under Mississippi’s habitual offender laws, and nearly half have been sentenced to life or a virtual life sentence of 50 years or more. Black men are disproportionately sentenced under these laws.
Among those sentenced as habitual offenders are people serving time for nonviolent offenses, like Tameka Drummer, who went to prison in 2008 for possessing less than two ounces of marijuana. She had two prior violent felonies that she already served time for.
Porter sees a life sentence without parole as essentially a death sentence. She understands that the Parole Board, especially in recent years, is tough about its decisions, but at least people would have a chance to be released.
“Give him a chance to come home to be a grandfather,” she said.
Esco has seen how his daughter is advocating for his release and reform to the state’s habitual offender law. Visits with his grandchildren have renewed his hope of returning home, even over the years as lawmakers file reform bills and they don’t become law.
In November, Esco was transferred from Walnut Grove Correctional Facility to a prison in Colorado, according to prison records. Porter said the family was not given a reason for his move, and they hope to visit him there.
The first felony conviction on Esco’s record was a strong arm robbery from 1991 when he was 16, according to court records.
He said the habitual offender law penalized him for a mistake he made as a teenager, when his mindset made him more likely to take risks and not think about consequences.
“You don’t know that it will come back to haunt you … and that’s what happened to me,” Esco said.
The next conviction that paved the way for his sentence as a habitual offender was in 2005, when he was 30. Esco received six sentences stemming from his role in an attempted robbery in the parking lot of a McDonalds in Madison, where one man was shot. His two co-defendants pointed to Esco as the mastermind of the plot to lure the man there, according to court records.
Esco remembered being in a state of disbelief when he was sentenced to life. He said all he could think about were his young children and what would happen to them.
Porter, family members and supporters believe Esco is innocent and was wrongfully convicted in the Madison case. He maintains he was not at the McDonalds at the time of the failed robbery.
Porter has another petition laying out the details of her father’s case and calling for his release.
In his appeal and a petition for post-conviction relief, Esco argued that his co-defendants were coerced into implicating him in exchange for lesser prison sentences. He also argued that an eyewitness, a McDonald’s worker, did not identify Esco from a lineup and that evidence wasn’t presented in court, according to case records.
The Mississippi Court of Appeals rejected the arguments.
In recent years, there have been bills proposed in Mississippi to alter how people are sentenced as habitual offenders, but many of those efforts died in committee.
So far this session, Rep. Bryant Clark, D-Pickens, filed a House Bill 225 that would revise the habitual offender penalty so someone would have to have been previously convicted of two violent crimes, and they would be eligible for parole or early release consistent with the eligibility for the offenses they were sentenced to. Life sentences would be calculated at 50 years.
House Minority Leader Rep. Robert Johson III of Natchez refiled bills to make habitual offenders parole eligible (HB 572) if they serve 10 years for a sentence that is 40 years or longer and to exclude drug and nonviolent offenses when computing prior offenses (HB 570).
Rep. Jeffrey Harness, D-Fayette, refiled HB 285 to exclude nonviolent offenses from habitual offender penalties.
Last session, Senate Minority Leader Derrick Simmons of Greenville filed a series of bills, which would have changed how former convictions count toward sentencing someone as a habitual offender, including whether they were at least 18 when the crime was committed and the two prior felonies were violent crimes.
Without a law change, there aren’t many avenues for Esco to be released from prison.
He has tried to fight his case in court but that hasn’t been successful. The most recent attempt was a federal habeas petition, but it was dismissed in 2017 after going up to the 5th U.S. Circuit Court of Appeals.
Porter said the family will look into whether her father can apply for a pardon from Gov. Tate Reeves. To date, the governor has not pardoned anyone.
“We suffer,” Porter said about how her family is affected by her father’s incarceration. “I feel like we’re being chained up, too.”
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Stories Videos
Mississippi Stories: Michael May of Lazy Acres
In this episode of Mississippi Stories, Mississippi Today Editor-at-Large Marshall Ramsey takes a trip to Lazy Acres. In 1980, Lazy Acres Christmas tree farm was founded in Chunky, Mississippi by Raburn and Shirley May. Twenty-one years later, Michael and Cathy May purchased Lazy Acres. Today, the farm has grown into a multi seasonal business offering a Bunny Patch at Easter, Pumpkin Patch in the fall, Christmas trees and an spectacular Christmas light show. It’s also a masterclass in family business entrepreneurship and agricultural tourism.
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This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
On this day in 1921
Jan. 21, 1921
George Washington Carver became one of the first Black experts to testify before Congress.
His unlikely road to Washington began after his birth in Missouri, just before the Civil War ended. When he was a week old, he and his mother and his sister were kidnapped by night raiders. The slaveholder hired a man to track them down, but the only one the man could locate was George, and the slaveholder exchanged a race horse for George’s safe return. George and his brother were raised by the slaveholder and his wife.
The couple taught them to read and write. George wound up attending a school for Black children 10 miles away and later tried to attend Highland University in Kansas, only to get turned away because of the color of his skin. Then he attended Simpson College in Indianola, Iowa, before becoming the first Black student at what is now Iowa State University, where he received a Master’s of Science degree and became the first Black faculty member.
Booker T. Washington then invited Carver to head the Tuskegee Institute’s Agriculture Department, where he found new uses for peanuts, sweet potatoes, soybeans and other crops.
In the past, segregation would have barred Carver’s testimony before Congress, but white peanut farmers, desperate to convince lawmakers about the need for a tariff on peanuts because of cheap Chinese imports, believed Carver could captivate them — and captivate he did, detailing how the nut could be transformed into candy, milk, livestock feed, even ink.
“I have just begun with the peanut,” he told lawmakers.
Impressed, they passed the Fordney-McCumber Tariff of 1922.
In addition to this work, Carver promoted racial harmony. From 1923 to 1933, he traveled to white Southern colleges for the Commission on Interracial Cooperation. Time magazine referred to him as a “Black Leonardo,” and he died in 1943.
That same year, the George Washington Carver Monument complex, the first national park honoring a Black American, was founded in Joplin, Missouri.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
Legislative recap: 2025 tax cut battle has been joined
After relatively brief debate and questioning given its magnitude, the state House passed the first meaningful legislation of the new session: House Bill 1, a measure that would eliminate the state income tax, trim taxes on non-prepared food and raise sales and gasoline taxes.
It would mark a sea change in state tax structure, a shift from income to consumption taxation.
“We are at a place where we can finally tell the hard-working people of Mississippi we can eliminate the tax on work,” House Ways and Means Chairman Trey Lamar, HB1’s author, told his colleagues.
The measure passed the House 88-24. It gained some Democratic support in the supermajority Republican House, with nine Democrats voting in favor, 24 against and 12 voting present.
The proposal garnered some bipartisan support because it includes at least a couple of items Democratic lawmakers have championed in the past: A gasoline tax to help fix crumbling roadways, and a reduction in the “grocery” tax, or the sales tax levied on unprepared food, of which Mississippi has the highest overall rate in the nation.
It still met with some Democratic opposition in part because it is a sea change toward more “regressive” taxation. Proponents say this is just, people should pay more for state services they use, such as roadways, and for things they buy as opposed to taxing income. Opponents say this places a proportionately higher tax burden on people of modest means.
“I would say the people hurt the most with this would be working people who have to put gas in their car to go to work or those who have to purchase materials to do a job,” House Democratic Leader Robert Johnson said.
Beyond that concern, opponents or skeptics worry that the foundation of the proposed tax overhaul would be built on shifting sands — a state economy that has been so rosy primarily from the federal government dumping billions of dollars in pandemic spending into Mississippi. With the federal spigot being cut off, some worry, the state economy could slump, and the massive tax cuts in this new plan could provide a state budget crisis, of which Mississippi has much experience, and underfunding of crucial services such as schools, roads, health care and law enforcement.
The largest hurdle Republican House leaders face in seeing their tax plan through to law is not in garnering bipartisan support. It’s internecine disagreement with the Senate Republican leadership, which still appears to harbor abovementioned concerns about overhauling tax structure in uncertain economic times and betting on growth to cover massive tax cuts.
Senate leaders have said they want to enact more tax cuts, but their plan has not yet been released. Lt. Gov. Delbert Hosemann has provided some details of what he wants to see, but it would appear he wants a more cautious approach on cuts. He has not publicly opined on the tax increases in the House plan.
Quote of the Week
“Have you ever worn a belt and suspenders, lady? It’s a belt and suspenders approach.” — Rep. Trey Lamar, R-Senatobia, to Rep. Omeria Scott, D-Laurel, during floor debate on Lamar’s bill to eliminate the state income tax and raise other taxes.
“No. I have not worn a belt and suspenders. I don’t know anyone who has worn a belt and suspenders,” Scott replied.
In Brief
House will renew push to legalize mobile sports betting
House Gaming Committee Chairman Casey Eure, R-Saucier, told Mississippi Today he plans on taking another crack at legalizing mobile sports betting in the state. In 2024, the House and Senate passed versions of legislation to permit online sports betting, but never agreed on a final proposal. Some lawmakers raised concerns that gambling platforms would have no incentive to partner with smaller casinos, and most of the money would instead flow to the Mississippi Gulf Coast’s already bustling casinos. Proponents say legalization would undercut the influence of illicit offshore sports betting platforms.
“I’ve been working on this bill for many years and I’m just trying to satisfy any concerns that the Senate may have so we can pass this and start collecting the tax dollars that the state deserves and not allowing everyone to place bets with these offshore accounts,” Eure said. “I feel like the state is losing between $40-$80 million a year in tax revenue.”
Sports wagering has been permitted in the state for years, but online betting has remained illegal amid fears the move could harm the bottom line of the state’s brick-and-mortar casinos. Mobile sports betting is legal in 30 states and Washington, D.C., according to the American Gaming Association. — Michael Goldberg
Hosemann makes Senate committee chair changes
Republican Lt. Gov. Delbert Hosemann last week named new chairmen of committees, after former state Sen. Jenifer Branning was sworn into office as a new justice on the Mississippi Supreme Court.
Sen. Chuck Younger, a Republican from Columbus, previously led the Senate Agriculture Committee and will replace Branning as chairman of the Transportation Committee. Sen. Neil Whaley, a Republican from Potts Camp, previously led the Senate Wildlife, Fisheries and Parks Committee, but will now lead the Senate Agriculture Committee.
Here are the other changes to Senate committees:
Sen. Ben Suber, a Republican from Bruce, will be the new chairman of the Senate Wildlife, Fisheries and Parks Committee
Sen. Bart Williams, a Republican from Starkville, is the new chairman of the Senate Public Property Committee
Sen. Scott DeLano, a Republican from Gulfport, will lead the Senate Technology Committee
Sen. Robin Robinson, a Republican from Laurel, will chair the Senate Labor Committee
Sen. Angela Turner Ford, a Democrat from West Point, will lead the Senate Drug Policy Committee. — Taylor Vance
What’s in a name? Democratic Rep. Scott hopes GOP majority will pass ‘Donald J. Trump Act’ bills
Perhaps tired of seeing many measures she authors ignored or shot down in flames by the Republican supermajority in the Mississippi Legislature, Democratic Rep. Omeria Scott of Laurel is trying a new strategy: naming bills after Republican President-elect Trump.
For this session, Scott has authored: House Bill 61, the “Donald J. Trump Voting Rights Restoration Act;” House Bill 62, the “Donald J. Trump Ban-The-Box Act … to prohibit public employers from using criminal history as a bar to employment;” and House Bill 249, the “Donald J. Trump Early Voting Act.” — Geoff Pender
More bills filed to criminalize abortion
Since the 2022 Dobbs Supreme Court decision overturned the constitutional right to an abortion, Mississippi lawmakers have proposed bills to criminalize workarounds to the state’s strict abortion ban – including criminalizing the abortion pill and out-of-state abortions. The 2025 legislative session is no exception.
Rep. William Tracy Arnold, R-Booneville, filed House Bill 616 that would make it a felony to manufacture or make accessible medication abortion. Anyone convicted of the crime would be subject to a fine between $1,000 and $5,000, as well as imprisonment between two and five years. Last year, about 250 Mississippians each month requested medication abortion from Aid Access, the only online telemedicine service supplying medication abortion via mail in the U.S.
Helping a minor receive an abortion would also be criminalized under House Bill 148 filed by Rep. Mark Tullos, R-Raleigh. That would include transporting a minor out of state to undergo an abortion, as well as helping a minor procure a medication abortion – both of which would be punishable by not less than 20 years in prison or a fine of not less than $50,000. — Sophia Paffenroth
By the Numbers
$1.1 billion
The estimated net annual cost of the House plan to eliminate the state income tax and raise sales taxes, once fully phased in. Proponents say economic growth would allow the state budget, currently about $7 billion a year, to absorb the cut. Eliminating the income tax would cost the state $2.2 billion in revenue, but the House plan would raise about $1.1 billion in other taxes in offset.
0
The amount of income tax Mississippians would pay after a 10-year phased in elimination of the state income tax. With previous cuts being phased in, state income taxes next year will already be reduced to 4%, among the lowest rates in the nation.
8.5 %
The new Mississippi sales tax, up from current 7%, under the House tax plan assuming most local governments would not opt out of adding a new 1.5% local sales tax.
13 cents more a gallon
The cost of the House’s proposed new 5% gasoline tax, based on last week’s average cost of gasoline in Mississippi of $2.62. The new 5% tax would be on top of the flat 18.4 cents a gallon current state excise on gasoline.
4%
The tax on unprepared food once a reduction of the current 7% would be phased in over a decade under the House plan. The state would over time reduce its sales tax on such groceries to 2.5%, but local governments would add a 1.5% sales tax to such items unless they opt out.
Full Legislative Coverage
Lawmakers must pass new legislation to improve access to prenatal care
Lawmakers will file another bill this session to help low-income pregnant women get into the doctor earlier – after the federal government rejected the program set up under last year’s law, because of discrepancies between what was written into state law and federal regulations for presumptive Medicaid eligibility. Read the story.
Proposal: eliminate income tax, add 5% tax on gas, allow cities, counties to levy local sales tax
House leaders last week unveiled a sweeping tax cut proposal that would eventually abolish the state income tax, slash taxes on groceries, increase local sales taxes and shore up funds for state and local road work. Read the story.
A new Mississippi law aims to limit jailing people awaiting mental health treatment. Is it working?
Officials say a new law to decrease the number of people being jailed solely because they need mental health treatment has led to fewer people with serious mental illness detained in jails – but the data is contradictory and incomplete. Lawmakers plan legislation to make more counties report the data. Read the story.
How soon we forget: Mississippi House push for record tax cuts revives fear of repeat budget crises
Eight years ago, from a combination of dozens of tax cuts the Legislature approved and a slumping economy, the state saw a budget crisis that resulted in severely underfunded schools, government layoffs, a near halt to building new roads and highways and problems maintaining the ones we have, too few state troopers on the highways and cuts to most major state services. Read the story.
NAACP legislative redistricting proposal pits two pairs of senators against each other
The Mississippi chapter of the ACLU has submitted a proposal to the courts to redraw the state’s legislative districts that creates two new majority-Black Senate districts and pits two pairs of incumbent senators against one another. Read the story.
Legislation to send more public money to private schools appears stalled as lawmakers consider other changes
Some top lawmakers in Mississippi’s Republican-controlled Legislature are prepared to make it easier for students to transfer between public schools but remain skeptical of sending more public money to private schools. Read the story.
House passes $1.1 billion income tax elimination-gas and sales tax increase plan in bipartisan vote
A bill that phases out the state income tax, cuts the state grocery tax and raises sales taxes and gasoline taxes passed the House of Representatives with a bipartisan vote on Thursday. Read the story.
Tate Reeves and other top Mississippi Republicans owe thanks to President Joe Biden
The tremendous cash surpluses that some state Republicans cite when defending their plan to eliminate the state’s income tax would not exist if not for the billions of dollars in federal funds that have been pumped into the state during Biden’s presidential tenure. Read the story.
Podcast: Mississippi transportation director discusses proposed new gasoline tax
Mississippi Department of Transportation Director Brad White tells Mississippi Today’s Geoff Pender and Taylor Vance he’s staying “in his lane” and out of the politics of a House tax overhaul that would eliminate the income tax and raise sales and gasoline taxes, but that he’s pleased lawmakers are trying to address the long running need for a steady new stream of money to help cover highway maintenance needs. Listen to the podcast.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
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