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State’s longest serving death row prisoner files new challenge to sentence

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mississippitoday.org – Mina Corpuz – 2024-12-05 14:07:00

Mississippi’s oldest and longest serving death row prisoner, Richard Jordan, is trying again to challenge his sentence, this time arguing that it is invalid because the death penalty was not constitutional at the time of the murder. 

“All in all, the fact remains that the only constitutional sentence for any classification of ‘murder’ at the time of Jordan’s offense was imprisonment for life in the state penitentiary,” his attorneys wrote in a Nov. 14 petition for post-conviction relief.

“Jordan’s death sentence should thus be vacated.”

His post-conviction petition is the fifth in the past two decades, which have each raised issues during his multiple trials and sentencing and the state’s lethal injection protocol for executions.

The Mississippi Supreme Court will decide whether to grant the relief or deny the relief like it has in other post-conviction appeals. 

Meanwhile, the Attorney General’s Office has argued that Jordan is out of legal options and the time has come to set an execution date. Recent calls came in October when the court denied Jordan’s previous petition, and in November when it filed a motion to dismiss the current one.

Regardless, Jordan’s attorneys argue he has not exhausted his federal and state options. The state previously asked for Jordan’s execution date to be set in 2015, but the Supreme Court did not act. 

Born in Hattiesburg, Jordan was adopted and grew up with siblings in nearby Petal. 

He served in the Army after graduating from high school and was deployed to Vietnam, volunteering to be a door gunner who shot at people from the sky and maintained helicopter maintenance. 

Court records document combat experiences that continue to haunt him and how, after the war, Jordan was a changed man who showed signs of hypervigilance, emotional numbness and suspicion of strangers – signs of post-traumatic stress disorder. 

Despite that, his attorneys argue Jordan was dedicated to his country and his family, which was seen when Jordan volunteered to stay in Vietnam in the military so his younger brother could return home. 

After Vietnam, he married and had three children. Jordan experienced difficulty adjusting to civilian life and felt more comfortable on military bases. This created tension with his wife who wanted to return to Mississippi, according to court records. 

In 1976, Jordan did not have a job. Growing desperate, Jordan made plans to kidnap someone from a wealthy family and demand a ransom. Jordan called Gulf National Bank in Gulfport and found out the name of its commercial loan officer, Chuck Marter. 

He went to the telephone directory to get Marter’s address. Jordan showed up at the Marter home posing as an electric company worker and kidnapped Chuck’s wife, Edwina. 

The couple’s sleeping 3-year-old child was left behind. Chuck was at work, and the Marter’s other 9-year-old child was at a class. 

Jordan took Edwina to the DeSoto National Forest – over 500,000 acres of pine forest located between Gulfport and Hattiesburg. Then he called the victim’s husband to try and collect $50,000 in ransom money. Before getting the money, Jordan shot Edwina once in the head, killing her.

He was first convicted for her murder in 1976 and sentenced to death. 

What followed were three additional trials, each where he was convicted and given a death sentence, only for the conviction to be thrown out due to constitutional issues, including problems with the state’s death penalty sentencing scheme and his ability to present mitigating evidence. 

In 1991, Jordan was offered a plea deal of life in prison, which he accepted to avoid the death penalty. He later learned that sentence was not allowed under the state’s sentencing guidelines at the time, so Jordan challenged it hoping it would be changed to life with the possibility of parole. 

The Mississippi Supreme Court ordered a new sentencing hearing, and instead of making another plea offer, the district attorney’s office pursued the death penalty, according to court records.

A sentence did not stick until 1998.

For the past 20 years, Jordan has had a direct appeal, a federal habeas case and has pursued post-conviction relief through the state courts. 

In post-conviction petitions, his attorneys have raised issues including his access to an independent expert to assist with his defense and testify about his PTSD and ineffective counsel. 

Jordan’s appeals have also been tied to legal challenges of the state’s lethal injection protocol

He and Ricky Chase, who has been on death row since 1990 for kidnapping and murder in Copiah County, are lead plaintiffs in an ongoing federal lawsuit challenging the state’s use of three drugs for executions. 

Mississippi and other states have faced challenges in obtaining pentobarbital, which is often used as a sedative and is the first in the three-drug cocktail for lethal injections, because manufacturers stopped selling them. 

In response, the state obtained and planned to use alternative drugs to carry out executions, but the death row inmates represented by the MacArthur Justice Center in New Orleans convinced a judge in 2015 to order an injunction. 

In the middle of the lawsuit, the Mississippi Department of Corrections changed its lethal injection protocol to include midazolam, which it contended was another type of anesthetic, and the state asked for Jordan’s execution date, according to court records. 

That injunction was appealed, challenging the federal court’s jurisdiction to order the state agency to follow state law. The U.S. 5th Circuit Court of Appeals agreed and vacated the injunction. 

The 5th circuit allowed Jordan to file a claim in a post-conviction petition that midazolam isn’t authorized to be used as the first in the three-drug cocktail. Petitions were filed and later denied. 

Over the years, several other death row inmates have joined the lawsuit, including intervenor Thomas Loden Jr., whose 2023 execution was allowed to proceed despite his involvement in the lawsuit.  
Another intervenor is Robert Simon Jr., who is pursuing post-conviction relief, another person the attorney general’s office argues should have an execution date set.

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

Mississippi Today

On this day in 1911

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mississippitoday.org – Jerry Mitchell – 2024-12-21 07:00:00

Dec. 21, 1911

A colorized photograph of Josh Gibson, who was playing with the Homestead Grays Credit: Wikipedia

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.

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Mississippi Today

On this day in 1958

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mississippitoday.org – Jerry Mitchell – 2024-12-20 07:00:00

Dec. 20, 1958

Bruce Boynton played a key role in the U.S. Supreme Court case that led to the Freedom Riders protests of 1961. Credit: Jay Reeves/Associated Press

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.

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

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‘Something to be proud of’: Dual-credit students in Mississippi go to college at nation’s highest rate

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mississippitoday.org – Molly Minta – 2024-12-20 06:00:00

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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