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Mississippi Today

Inability to pay a $100,000 bail kept a Mississippi man in jail for three years. After taking a plea deal, a mother worries her son won’t survive in prison 

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Pamela Grimsley was in a race against time to help her only child, Nathan Cox, get out of jail.

It was a year ago that the west Tennessee resident learned from a family member that he was detained at the Alcorn County Correctional Facility. Cox’s bail was set for $100,000, but Grimsley knew she didn’t have the money to bring him home to await trial.

Through letters, Cox talked about the possibility of taking a plea deal, but she hoped he would wait for trial to prove his innocence. This summer she was hopeful because Cox seemed to be doing better and was talking more with his attorney.

Then that hope faded. Last month, the 33-year-old pleaded guilty to one count of child abuse against his child and was sentenced to 40 years with 20 years suspended to avoid the possibility of a conviction by a jury and a life sentence by a judge.

Throughout his time in jail, Grimsley was most concerned about her son’s mental health. Cox shared that he was depressed. She worried he wouldn’t make it to trial, and now that he has been convicted, she fears even more that he won’t survive prison.

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“His mental state will not handle prison,” Grimsley said in an interview two weeks after her son’s conviction. “Something bad’s going to happen.”

Credit: Courtesy of Pamela Grimsley

Cox, a first time offender, has been at the Alcorn County jail since 2020 but now he is in the custody of the Mississippi Department of Corrections waiting to see if he will remain there or be moved to another facility. He had been working as a car mechanic before he was arrested.

In 2021, the average number of days people were held at the Alcorn jail was around eight months, according to the most recent data compiled by the MacArthur Justice Center and the of Mississippi School of Law.

Clay Nails, Cox’s court-appointed attorney since 2020, pointed out factors that kept his client in jail for years. Cox a high bond and delays in his case due to the COVID-19 pandemic’s effect on the court system, Nails said.

“This is an example of the wheels of justice not turning fast enough and not because of the fault of individuals,” the Corinth attorney said in a June interview.

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Nails had hoped that a trial could take place during the summer or fall court term and ultimately the case would be resolved sometime this year.

During early court proceedings, Cox pleaded not guilty to one charge of causing bodily harm to his child.

In 2019, when he was home alone with the then-infant, Cox called for help because the child was unresponsive. The state medical examiner’s office found the injuries to be trauma from shaking or hitting, which Nails said are injuries commonly known as “shaken baby syndrome.”

For decades, subdural bleeding, retinal bleeding and brain swelling have been associated with the diagnosis. Shaken baby syndrome doesn’t always to death, but complications can include brain damage and related conditions.

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As reported in Mississippi ‘s series “Shaky Science, Fractured Families,” scientific bases of shaken baby syndrome are coming under scrutiny. Signs of impact may have from different causes, and associated injuries such as retinal hemorrhage have been seen in infants who died from meningitis or obstructed airways.

Nails had said he wanted to explore the case law and evolving scientific understanding of shaken baby syndrome. He secured an expert and was awaiting medical imaging of the child’s injuries for the expert to . The goal was to explore whether there was another explanation for the child’s injuries.

Nails said the child has cognitive damage and is visually impaired from the injuries they sustained as an infant.

Cox had concerns about his ability to a fair trial because of the injuries, Nails said.

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If there were a higher he would be found guilty, he wanted to know how much time he could face in prison. Nails told him, in child and elder abuse cases, juries and judges tend to convict and hand down long sentences, and Cox could potentially face life in prison.

Cox thought about it and told Nails he wanted to change his plea to guilty and take a deal.

Because of the guilty plea, Nails was not able to challenge shaken baby syndrome as the cause of the child’s injuries or raise doubts about Cox as a .

The district attorney’s office argued the person responsible for hurting the child is Cox since there were no witnesses to anyone inflicting the trauma, while Nails said he wanted to consider the child’s mother as the one responsible.

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Cox believed himself to be the father of the child, but Nails said a paternity test has not been given to confirm that. Grimsley has questioned whether her son is the child’s father.

“He was just looking for love in all the wrong places,” Grimsley said about Cox’s relationship with the child’s mother, who she believes contributed to Cox’s detention.

Plea agreements are made by prosecutors and are meant to encourage a guilty plea, and they can come with reduced charges or lighter sentences. A guilty plea is recorded publicly, but the negotiation often happens outside of the courtroom.

First District Attorney John Weddle said plea offers are made on a majority of his office’s cases, and it’s up to the defendant whether to accept or reject them.

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In Cox’s case, the prosecution was under the impression that he wanted to go to trial until Cox expressed through his attorney that he was interested in changing his plea.

To come up with a plea officer, Weddle said multiple factors are considered, including the severity of the crime, the minimum and maximum sentences of a crime, evidence and how a jury would react.

“Normally on plea negotiations we try to do something close to what a judge would do,” he said.

A 2023 report by the American Bar Association’s Plea Bargain Task Force found evidence that there can be a “powerfully coercive impact” on a defendant’s choice to take a plea deal rather than go to trial, which can result in a longer sentence.

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Grimsely said the guilty plea doesn’t seem fair, especially because her son has maintained innocence. In his most recent letter before his conviction, Cox said he would be going to prison for something he didn’t do.

She said he is safe at the Alcorn County jail, but she worries what may happen to him in prison, especially if other inmates learn he was convicted of child abuse.

Although Cox received a 40-year sentence, he may only serve a fraction of that time. Under Senate Bill 2795 passed in 2021, people sentenced for violent offenses are eligible for parole after served half of their sentence.

With 20 years suspended from his sentence, that would mean Cox could have 10 years to serve in prison. He already has a little over three years served from jail that would bring the sentence down to around six and a half years, Nails said. The potential for time off due to good behavior could reduce Cox’s sentence more, his attorney said.

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Cliff Johnson is director of the MacArthur Justice Center said people can remain in jail for years before trial in Mississippi due to systemic problems.

District attorneys have control over the indictment process, and there is no time limit on how long someone can spend in jail before indictment, Johnson said. Judges also play a role in getting a case to trial, he said, because they can determine whether someone is being held too long pretrial.

“If district attorneys aren’t vigilant moving cases to trial and circuit judges don’t take seriously the presumption of innocence, the system doesn’t work and people wind up serving lengthy sentences without ever being found guilty by a jury,” Johnson said.

The American Bar Association Plea Bargain Task Force found some people plead guilty for reasons that don’t have to do with factual or legal guilt. They may change their plea so they don’t have to remain jailed and unable to work or take care of their children.

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Three years spent in jail pretrial isn’t extraordinary considering that there have been people who have spent longer.

In 2021 Mississippi jail data shows one of the longest jail stays across the entire state was for Duane Lake, who spent six years in the Coahoma County jail before a jury acquitted him of capital murder in 2022.

Grimsley said songwriting was a form of therapy for Cox when he was in jail. He has a gift for playing the guitar, singing and writing songs – some of which he sent to his mother.

Once Cox is moved to a prison facility, Grimsely said she plans to get her car repaired and visit him.

Since learning about his conviction, she’s felt sick and doesn’t eat and sleep much. Cox has said he is okay, but Grimsley thinks he may be saying that for her sake.

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She can’t imagine that he’s handling it well.

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

Mississippi Today

Former Chief Justice Pittman, who served in all three branches of Mississippi government, dies

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mississippitoday.org – Bobby Harrison – 2024-09-27 12:08:56

Former Mississippi Supreme Court Chief Justice Edwin Lloyd Pittman, who served in multiple state elected offices, including all three branches of government, has died.

A news release from the state Supreme Court announced Pittman, who served as chief justice of the Supreme Court from 2001 until 2004, died earlier this week at his Ridgeland home. He was 89.

Pittman was elected to the state Senate in 1964 representing his hometown of Hattiesburg. He went on to serve in the state elected offices of treasurer, secretary of state and . He served as attorney general from 1984 to 1988 before running unsuccessfully for governor.

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After losing the gubernatorial bid in an ultra-competitive Democratic primary that included other statewide elected and a past governor, Pittman came back to capture a seat on the state Supreme Court in 1989.

“Chief Pittman provided exemplary leadership to the Mississippi Judiciary as chief justice,” said former Chief Justice Bill Waller Jr., who served with Pittman on the state’s highest court “His accomplishments for efficiency, transparency and access to justice had a profound effect on our legal system. He championed the establishment of (shorter deadlines for hearing cases … brought rule changes to allow cameras in the courtroom and improved access to justice for the poor and disadvantaged, to name a few.

“The court system is better for his untiring efforts and dedication to duty.”

As chief justice, Pittman was credited with making the Supreme Court more transparent, posting dockets and oral arguments online, according to a court press release. He also led the effort to put in place regulations to allow news cameras in the courtroom at a time when only a handful of states were allowing them. Pittman worked to garner public funding to access to the judiciary for the needy.

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Pittman said at the time, “We have to recognize the fact that we in many communities are frankly failing to get legal services to the people who need it … It’s time that the courts shoulder the burden of rendering legal services to the needy in Mississippi.”

In 2011, former Gov. Haley Barbour awarded Pittman the Mississippi Medal of Service.

 “The people of this state have honored me with a wonderful through ,” Pittman said at the awards ceremony.

Current Chief Justice Mike Randolph said, “Even though he served in all these important government positions, he never lost his common touch. I regret that I didn’t get to serve with him. I hope that when I’m done, that I will be as well thought of as he was.”

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Randolph, also from Hattiesburg, now the post on the court that was held by Pittman.

“He was a consummate politician and public servant. He’s an important figure in Mississippi’s history,” said U.S. Court of Appeals Judge James Graves. Graves was the third Black Mississippian to serve on the modern Supreme Court. Earlier in Graves’ career, he was hired to a position in the Attorney General’s office by Pittman.

Pittman was last in public view when he was asked by then-Attorney General Jim Hood to look at the legality of a frontage road being built in Rankin County to provide easier access to busy Lakeland Drive for a small neighborhood where then Lt. Gov. Tate Reeves lived.

The end result of the controversy is that the access road was not built.

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After retiring from the Supreme Court, Pittman joined a firm in County.

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

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Mississippi Today

Plans to build Jackson green spaces aimed at tackling heat, flooding and blight

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mississippitoday.org – Alex Rozier – 2024-09-27 11:59:52

A group of nonprofits in and around the capital city are teaming up to build new green spaces in Jackson, looking to offer environmental benefits such as limiting both flooding as well as a phenomenon known as “heat islands.”

Dominika Parry, a Polish native, founded the Ridgeland-based 2C Mississippi in 2017, hoping to raise awareness around climate change impacts in the . The group has attempted relatively progressive ideas before, such as bringing climate curriculums to and establishing the state’s first community solar program. 

With a lack of political appetite, though, those projects have struggled to get off the ground, Parry explained – “I realized that no one in Mississippi talks about climate change,” she told Mississippi . But she’s confident that the green spaces initiative will have a meaningful environmental impact. 

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Dorothy Davis, president of the Farish Street Community of Shalom, showing a sensor used to measure heat and humidity. Credit: Alex Rozier / Mississippi Today

In one with the Farish Street Community of Shalom, 2C Mississippi is building green spaces along the historic Farish Street in Jackson. The groups recently acquired $1.5 million through the Inflation Reduction Act for the idea. 

A 2020 study in Jackson from consultant CAPA Strategies identified “heat islands,” or urban areas that absorb more heat because they have fewer trees and bodies of water. The study found that at times during the summer, parts of downtown were over 10 degrees hotter than areas around the edge of the city. 

The idea for the spaces, which will go in courtyards between Amite and Griffith Streets, includes new trees, vertical gardens, and a maintained grassy area for gatherings and events like the neighborhood’s Juneteenth celebration (renderings of the project from 2C Mississippi are shown below). Parry said they’ll start to plant the trees in January and have the whole spaces done sometime next year. Then, she plans to monitor the impacts, on the energy needs of surrounding buildings. 

Dorothy Davis, Shalom’s president, said that the new tree canopy will give shelter from the simmering temperatures that brew over the city concrete. It’s a concern in an area where, Davis said, many live without reliable or even any conditioning. Over a few weeks this summer, as an extension of the 2020 study, she and a group of local students measured the heat index along Farish Street, which Davis said never dipped below 100 degrees. 

“It wasn’t surprising because I’ve been in Mississippi all my life, I know how Mississippi heat is,” said Davis, who has been in Jackson since 1963. “But it was very concerning because we have a lot of elderly people in this area especially.”

According to the National Weather Service, which has temperature records dating back to 1896, five of the top 10 hottest years in Jackson have occurred in the last 10 years. 

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In addition to the Farish Street project, 2C Mississippi is also working on building “microparks” around Jackson. Voice of Calvary Ministries, another local nonprofit, partners with the city of Jackson to eliminate blight, and, along with some other groups, is working to restore and build new homes in about 150 properties around West Capitol Street near the Jackson Zoo. 

“We have a lot of lots that we can really do some reinvestment in, not just with housing, but the parks,” said VOCM’s president and CEO Margaret Johnson. “I think we can offer something new and different to an impoverished area of the city.” 

Johnson explained that the area is near a flood zone, and the microparks are a preemptive measure to reduce risk as well as the financial burden of flood insurance. 

Many of the lots have been abandoned for years, she said, often after people moved away or an owner died without a member coming to take care of the property. With no one to tend to the land, it deteriorates, turning into an eyesore. 

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“It seems to be more concentrated in west Jackson than some other parts of the city,” Johnson said, adding that the area doesn’t have a real park for to play in or for people to get together. “There hasn’t been any real, new construction in west Jackson, of any significant level, in the last, 20, 25, 30 years.”

So far, VOCM and 2C Mississippi have picked about six neighboring lots on Louisiana Avenue to turn into microparks, which Parry said will be done by the end of 2025. The groups also plan to hold a community meeting Oct. 15 to invite residents’ feedback. Johnson hopes they can eventually expand the idea to other parts of Jackson.  

 “I think once we do this and people see it, we can go to other parts of the city and do the same thing,” she said. “So, I think this is just the start of something great for the city of Jackson.”

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

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Mississippi Today

On this day in 1912

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mississippitoday.org – Debbie Skipper – 2024-09-27 07:00:00

Sept. 27, 1912

Credit: Wikipedia

“Father of the Blues” W.C. Handy published “Memphis Blues,” what is believed to be the first commercially successful blues song. 

An Alabama native, Handy looked more like a preacher than a blues player. In 1902, the musician traveled throughout the Mississippi Delta, settling in Clarksdale, where he led an orchestra. While waiting for a train in Tutwiler, he heard a Black man “plunking a guitar beside me while I slept … As he played, he pressed a knife on the strings of the guitar in a manner popularized by Hawaiian guitarists who used steel bars. … The singer repeated the line three times, accompanying himself on the guitar with the weirdest music I had ever heard.” 

Then he heard a Black man “crooning all of his calls in the key of G, … moaning like a presiding elder preaching at a revival meeting.” 

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In 1909, Handy and his band moved to Memphis, where they played in clubs on Beale Street, and he began to write, incorporating these local sounds into his music. Two years after his with “Memphis Blues,” “The St. Louis Blues” became a million-selling sheet music phenomenon. 

Handy became one of the most successful African-American music publishers of his day, and when he died in New York at the age of 84, more than 150,000 paid their respects. The same year he died, the film “St. Louis Blues” came to the big screen, telling a fictionalized version of his story, starring Nat King Cole and others. 

Throughout his life, Handy continued his battle for the dignity of African Americans, some of whom happened to play music. In 1960, the still segregated city of Memphis built a bronze statue honoring Handy in a city park on Beale Street, and nine years later, the Postal Service honored him on a stamp. These days, a number of music festivals and bear his name, and Marc Cohn popularized Handy in his 1991 song, “Walking in Memphis,” which paid to legends of the city.

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

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