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 Today
On this day in 1911
Dec. 21, 1911
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.
Mississippi Today
On this day in 1958
Dec. 20, 1958
Bruce Boynton was heading home on a Trailways bus when he arrived in Richmond, Virginia, at about 8 p.m. The 21-year-old student at Howard University School of Law — whose parents, Amelia Boynton Robinson and Sam Boynton, were at the forefront of the push for equal voting rights in Selma — headed for the restaurant inside the bus terminal.
The “Black” section looked “very unsanitary,” with water on the floor. The “white” section looked “clinically clean,” so he sat down and asked a waitress for a cheeseburger and a tea. She asked him to move to the “Black” section. An assistant manager followed, poking his finger in his face and hurling a racial epithet. Then an officer handcuffed him, arresting him for trespassing.
Boynton spent the night in jail and was fined $10, but the law student wouldn’t let it go. Knowing the law, he appealed, saying the “white” section in the bus terminal’s restaurant violated the Interstate Commerce Act. Two years later, the U.S. Supreme Court agreed. “Interstate passengers have to eat, and they have a right to expect that this essential transportation food service,” Justice Hugo Black wrote, “would be rendered without discrimination prohibited by the Interstate Commerce Act.”
A year later, dozens of Freedom Riders rode on buses through the South, testing the law. In 1965, Boynton’s mother was beaten unconscious on the day known as “Bloody Sunday,” where law enforcement officials beat those marching across the Selma bridge in Alabama. The photograph of Bruce Boynton holding his mother after her beating went around the world, inspiring changes in voting rights laws.
He worked the rest of his life as a civil rights attorney and died in 2020.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
‘Something to be proud of’: Dual-credit students in Mississippi go to college at nation’s highest rate
Mississippi high school students who take dual-credit courses go to college at the nation’s highest rate, according to a recent report.
It’s generally true that students who take college classes while in high school attend college at higher rates than their peers. Earlier this year, a study from the Community College Research Center at Teacher’s College, Columbia University found that nationally, 81% of dual-credit students go to college.
In Mississippi, that number shoots up to 93%, meaning the vast majority of the state’s high school students who take college classes enroll in a two- or four-year university.
“When we did this ranking, boom, right to the top it went,” said John Fink, a senior research associate and program lead at the research center who co-authored the study.
State officials say there’s likely no silver bullet for the high rate at which Mississippi’s dual-credit students enroll in college. Here, “dual credit” means a course that students can take for both high school and college credit. It’s different from “dual enrollment,” which refers to a high school student who is also enrolled at a community college.
In the last 10 years, participation in these programs has virtually exploded among Mississippi high school students. In 2014, about 5,900 students took dual-credit courses in Mississippi, according to the Mississippi Community College Board.
Now, it’s more than 18,000.
“It reduces time to completion on the post-secondary level,” said Kell Smith, Mississippi C0mmunity College Board’s executive director. “It potentially reduces debt because students are taking classes at the community college while they’re still in high school, and it also just exposes high school students to what post-secondary course work is like.”
“It’s something to be proud of,” he added.
There are numerous reasons why Mississippi’s dual-credit courses have been attracting more and more students and helping them enroll in college at the nation’s highest rate, officials say.
With a few college credits under their belt, students may be more inspired to go for a college degree since it’s closer in reach. Dual-credit courses can also build confidence in students who were on the fence about college without requiring them to take a high-stakes test in the spring. And the Mississippi Department of Education’s accountability model ensures that school districts are offering advanced courses like dual credit.
Plus, Mississippi’s 15 community colleges reach more corners of the state, meaning districts that may not be able to offer Advanced Placement courses can likely partner with a nearby community college.
“They’re sometimes like the only provider in many communities, and they’re oftentimes the most affordable providers,” Fink said.
Test score requirements can pose a barrier to students who want to take dual-credit courses, but that may be less of a factor in Mississippi. While the state requires students to score a 19 on ACT Math to take certain courses, which is above the state average, a 17 on the ACT Reading, below the state average of 17.9, is enough for other courses.
Transportation is another barrier that many high schools have eliminated by offering dual-credit courses on their campuses, making it so students don’t have to commute to the community colleges to take classes.
“They can leave one classroom, go next door, and they’re sitting in a college class,” said Wendy Clemons, the Mississippi Department of Education’s associate state superintendent for secondary education.
This also means high school counselors can work directly with dual-credit students to encourage them to pursue some form of college.
“It is much less difficult to graduate and not go to college when you already possess 12 hours of credit,” Clemons said.
Word-of-mouth is just as key.
“First of all, I think parents and community members know more about it,” Clemons said, “They have almost come to expect it, in a way.”
This all translates to benefits to students. Students who take dual-credit courses are more likely to finish college on time. They can save on student debt.
But not all Mississippi students are benefiting equally, Fink said. Thr research center’s report found that Black students in Mississippi and across the country were less likely to pursue dual-credit opportunities.
“The challenge like we see in essentially every state is that who’s in dual enrollment is not really reflective of who’s in high school,” Fink said.
Without more study, it’s hard to say specifically why this disparity exists in Mississippi, but Fink said research has generally shown it stems from elitist beliefs about who qualifies for dual-credit courses. Test score requirements can be another factor, along with underresourced school districts.
“The conventional thinking is (that) dual enrollment is just … another gifted-and-talented program?” Fink said. “It has all this baggage that is racialized … versus, are we thinking about these as opportunities for any high school student?”
Another factor may be the cost of dual-credit courses, which is not uniform throughout the state. Depending on where they live, some students may pay more for dual-credit courses depending on the agreements their school districts have struck with local community colleges and universities.
This isn’t just an equity issue for students — it affects the institutions, too.
“You know, we’ve seen that dual-credit at the community college level can be a double-edged sword,” Smith said. “We lose students who oftentimes … want to stay as long as they can, but there are only so many hours they can take at a community college.
Dual-credit courses, which are often offered at a free or reduced price, can also result in less revenue to the college.
“Dual credit does come at a financial price for some community colleges, because of the deeply discounted rates that they offer it,” Smith said. “The more students that you have taking dual-credit courses, the more the colleges can lose.”
State officials are also working to turn the double-edged sword into a win-win for students and institutions.
One promising direction is career-technical education. Right now, the vast majority of dual credit students enroll in academic courses, such as general education classes like Composition 1 or 2 that they will need for any kind of college degree.
“CTE is far more expensive to teach,” Clemons said.
Smith hopes that state officials can work to offer more dual-credit career-technical classes.
“If a student knows they want to enroll in career-tech in one of our community colleges, let’s load them up,” Smith said. “Those students are more likely to enter the workforce quicker. If you want to take the career-tech path, that’s your ultimate goal.”
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
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