Mississippi Today
‘Hopelessly deadlocked’: Judge declares mistrial in Tim Herrington trial
After nearly 10 hours of jury deliberation, a Lafayette County circuit judge declared a mistrial on Wednesday in the capital murder case trial of Sheldon Timothy Herrington Jr., a Grenada native accused of killing a fellow University of Mississippi graduate to preserve their secret sexual relationship.
Judge Kelly Luther’s ruling came around 8:25 p.m. after the jury informed him a second time that they were unable to reach an agreement. Both times, the jurors were gridlocked 11-1, and it is not known in which direction they were leaning as the judge told them to not say if they had more votes for a guilty verdict or acquittal.
“All right, I thank you for your effort,” Luther said. “You’ve been out nine and a half hours. I’m gonna declare a mistrial.”
The prosecution had built a circumstantial case against Herrington, arguing he was the last person to see Jimmie “Jay” Lee alive before the avid social media user stopped responding to texts and calls from family and friends on July 8, 2022. His body was never found. In October, a judge declared Lee legally dead at the request of his parents.
The first time the jury informed Luther they were gridlocked, around 3 p.m., they asked what would happen if they couldn’t reach a verdict. Luther ordered them back for further deliberations.
The second time, the judge asked for a show of hands if any jurors believed they could reach a verdict.
“I don’t want you tilting the windmills,” Luther said.
Luther then informed the defense and prosecution that he would entertain a motion for a new trial in the next few weeks and that he assumed, if the case returned to court, the two parties would once again seek a new venue from which to select a jury for the case.
“Just my mind reading the jury, I think we were hopelessly deadlocked,” Luther said.
Herrington will remain on bond.
READ MORE: Jury deliberations begin in trial of Ole Miss grad accused of killing Jimmie ‘Jay’ Lee
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
On this day in 1865
Jan. 12, 1865
As the Civil War neared an end, Union Gen. William Tecumseh Sherman and Secretary of War Edwin Stanton met with local Black leaders in Savannah, Georgia.
The Rev. Garrison Frazier, a 67-year-old imposing man, spoke for the group. Asked what slavery meant, he replied, “Slavery is, receiving by irresistible power the work of another man, and not by his consent.”
He told the Army leaders that they wanted to be free from the dominion of white men, wanted to be educated and wanted to own land they could work and earn a living.
Asked if they would rather live scattered among the whites or in colonies by yourselves, Frazier replied, “I would prefer to live by ourselves, for there is a prejudice against us in the South that will take years to get over.”
In response, Sherman issued Special Field Order 15, giving each freed family 40 acres of land along the Atlantic Coast. “The effect throughout the South was electric,” wrote historian Henry Louis Gates Jr., with freedmen settling on 400,000 acres of “Sherman Land.”
Some also received mules left over from the battles, leading to the phrase “40 acres and a mule.”
After President Abraham Lincoln was assassinated, President Andrew Johnson took over, reversing Field Order 15 and smashing the dreams of Black Americans who had finally been freed.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
Gov. Tate Reeves zones in again on taxes but remains silent on critical retirement system problems
Hours before the 2025 session of the Mississippi Legislature kicked off last week, Gov. Tate Reeves went to social media to proclaim the No. 1 goal “for this Republican” is to eliminate the state income tax.
The governor does not have a vote in the Legislature and cannot even introduce legislation. He must seek out a legislative ally to file bills he supports.
But the governor has perhaps the biggest political bully pulpit in the state, giving an effective governor the immense opportunity to sway public opinion. And the governor has the power of the veto, which it takes an imposing two-thirds majority in both legislative chambers to override.
Obviously, one of the governor’s most important duties is working with the Legislature to develop policies for the betterment of the state.
In the opinion of Jonathan Tate Reeves, now in his 21st year as a statewide elected official and in his fifth year as governor, the most important issue facing 3 million Mississippians is eliminating the income tax.
Reeves has proposed phasing out the income tax every year he has been governor. His latest proposal is to phase out the tax, which accounts for about 30% of the state general fund, by 2029.
Other Republicans in the state, including House Speaker Jason White, also say the elimination of the income tax is their top priority or near the top of their “to do list.” But White speaks of eliminating the tax in eight to 10 years. Lt. Gov. Delbert Hosemann wants to cut the tax, but says if legislation is enacted to fully eliminate the tax, it will be after his tenure as lieutenant governor ends in January 2028.
Many politicians cite other pressing needs facing the state, not the least of which is ensuring the long-term viability of the state’s massive retirement program for public employees. Some say if the Public Employees Retirement System is not fiscally sound in the long term, the financial impact on the state could be devastating.
Yet the governor has rarely commented about the issues facing PERS, which provides or will provide retirement benefits for more than 350,000 people who worked or have worked in the public sector — including for state agencies, local governmental entities and public schools, kindergarten through the university level. In other words, more than 10% of the state’s population is in the PERS system.
Experts say the system has a deficit of $25 billion. It should be stressed that the deficit could be considered a bit misleading because PERS has assets to meet its obligations for years — for long after Reeves leaves office.
But many believe that if steps are not taken now to shore up the system, the state will eventually face financial obligations like it has never experienced. It is very unlikely Reeves will have to deal with that likelihood since he will long be gone from state government service.
The PERS governing board and legislators began work to shore up the system before the 2024 session began. That work is continuing this year. While Reeves talks about eliminating the income tax all the time, he seldom if ever weighs in on what he believes should be done to deal with PERS.
After the 2024 session, Reeves allowed a bill that made significant changes to PERS to become law without his signature. It was not clear whether he supported or opposed the legislation that was viewed by many as an opening salvo in dealing with issues surrounding PERS.
The governor’s silence is particularly interesting considering he was a member of the governing board of PERS when he served as state treasurer. Reeves’ experience as treasure and his short career in the private sector in finance should give him a unique perspective on the financial issues the retirement system faces.
Every politician has different priorities. Reeves has not been shy about letting Mississippians know his top priority. It is easy to find his thoughts on the income tax in his social media posts.
But on PERS, it is crickets when it comes to what the governor thinks.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
Mississippi Today
On this day in 1870
Jan. 11, 1870
The first legislature in Radical Reconstruction met in Mississippi. During this time, at least 226 Black Mississippians held public office. Lawmakers adopted a new state constitution that ushered in free public schools and had no property requirements to vote.
These acts infuriated the Southerners who embraced white supremacy, and they responded violently. They assassinated many of those who worked on the constitution.
In Monroe County, Klansmen killed Jack Dupree, a Black Mississippian who led a Republican Party group. In Vicksburg, white supremacists formed the White Man’s party, patrolled the streets with guns, and told Black voters to stay home on election day.
White supremacists continued to use violence and voter fraud to win. When the federal government refused to step in,
Congressman John R. Lynch warned, “The war was fought in vain.”
It would take almost a century for Black Mississippians to begin to regain the rights they had lost.
This article first appeared on Mississippi Today and is republished here under a Creative Commons license.
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