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Welfare agency set to depose Brett Favre, but both want to conceal transcripts

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Former NFL quarterback Brett Favre is set to give sworn testimony in the ongoing welfare fraud civil suit at the end of this month.

But both Favre and the Mississippi Department of Human Services, which is suing the famous athlete and 44 others, have asked the judge to issue a protective order allowing parties to block evidence in the case, such as deposition transcripts, from being shared with the public.

If Hinds County Circuit Court Judge Faye Peterson signs the order — to which 16 other defendants objected — Favre’s deposition transcript would be considered confidential for at least 30 days after it is completed, after statewide elections in November. After that, Favre would be able to designate deposition exhibits or portions of transcripts confidential, preventing any other parties from sharing the materials with anyone outside of their counsel, the court or potential witnesses.

MDHS has accused Favre of pushing welfare officials to fund the construction of a volleyball stadium at University of Southern Mississippi and make a seven figure investment in a pharmaceutical company he was promoting — both of which MDHS says were shams that personally benefitted Favre and others. Favre denies he had anything to do with an illegal scheme.

Since MDHS first filed the case in May of 2022, Peterson has issued several procedural orders, most significantly denying Favre’s motion to dismiss the complaint against him and denying several motions to stay the case. She also denied a motion for protective order from the University of Southern Mississippi Athletic Foundation.

“The primary purposes of the Agreed Protective Order are to prevent confidential discovery materials from being made public and used outside of this litigation, and to give parties an opportunity to make an application that confidential materials be filed under seal,” reads the Sept. 22 motion for protective order by MDHS, Favre and another defendant in the case, virtual reality company Lobaki, Inc.

Both MDHS and Favre also plan to depose former University of Southern Mississippi President Rodney Bennett on Oct. 31 in Nebraska, where Bennett recently relocated to serve as chancellor of the University of Nebraska-Lincoln after resigning from USM in 2022.

MDHS has used a text message that Bennett sent former Gov. Phil Bryant in 2020 as the basis for its claim that Favre personally committed to provide funds to build the volleyball stadium, which bolsters the argument that Favre stood to personally benefit from the diversion of MDHS funds to the project.

“I will see, for the ‘umpteenth time’ if we can get him (Favre) to stand down,” Bennett wrote to Bryant in late January of 2020. “The bottom line is he personally guaranteed the project, and on his word and handshake we proceeded. It’s time for him to pay up – it really is just that simple.”

Neither Bennett nor Bryant are defendants in the civil case.

Favre’s legal team denies that any of the welfare funds channeled to USM helped satisfy Favre’s pledge, especially considering that the funds were transferred in 2017, while Favre signed his guarantee in 2018.

Favre said that with respect to the proposal to use MDHS block grants to fund the volleyball stadium, “The Governor was aware of the source of the funding and supported it.”

At the time Bennett sent Bryant the text about Favre, Bryant had just left office and was discussing entering a business deal with Prevacus and PreSolMD, the Favre-backed pharmaceutical startups that also received more than $2 million in stolen welfare funds.

Bryant denied involvement in either deal.

MDHS sent an email to each defendant in the civil suit to gauge their support for a protective order. The following 16 defendants objected:

  • Nancy New, her private school company New Learning Resources Inc. and her nonprofit Mississippi Community Education Center.
  • The nonprofit’s accounting firm Williams, Weiss, Hester & Co.
  • Nancy New’s sons Zach and Jess New, Jess New’s company Magnolia Strategies and the LLC they all started together, N3 Holdings.
  • Former state welfare director John Davis and his nephew Austin Smith.
  • Former welfare agency attorney William Garrig Shields.
  • Former welfare subcontractor NCC Ventures and its owner Nicholas Cronin Coughlin.
  • Former welfare subcontractor Chase Computer Services.
  • Retired football player Marcus Dupree and his organization Marcus Dupree Foundation.

These defendants said they were “hesitant to agree that materials, which [they] have never seen, can be made confidential simply with the markings of an attorney,” reads the Sept. 22 motion. The objecting defendants also argued that “‘records of public officials and former public officials’ may be marked as ‘confidential’; and that ‘some party will designate as ‘confidential’ matters which should not be confidential, and we will then have to go through an unknown length of time to obtain a court hearing in order to have the matters made public.’”

The remaining 26 defendants did not respond either way.

“As noted, discovery materials are not a matter of public record and to the extent that any designated discovery materials are to be filed with the Court, if any party or non-party requests they be sealed, the Court must ultimately decide if sealing is warranted,” the motion reads.

MDHS’s original counsel in the civil suit first scheduled depositions of 13 defendants in July of 2022, and they were set to take place between August and November of last year.

But days after filing the notice, Gov. Tate Reeves and the welfare department chose to fire the attorney, former U.S. Attorney Brad Pigott, which put a halt to securing the sworn statements.

Favre’s Oct. 26 deposition, set at the Hotel Indigo in Hattiesburg near Favre’s home, will be the first in the case unless one is scheduled before then.

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

Mississippi Today

On this day in 1908

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mississippitoday.org – Jerry Mitchell – 2024-12-26 07:00:00

Dec. 26, 1908

Jack Johnson Credit: Wikipedia

Pro boxing pioneer Jack Johnson defeated Tommy Burns, becoming the first Black heavyweight boxing champion. 

Johnson grew up in Galveston, Texas, where “white boys were my friends and pals. … No one ever taught me that white men were superior to me.” 

After quitting school, he worked at the local docks and then at a race track in Dallas, where he first discovered boxing. He began saving money until he had enough to buy boxing gloves. 

He made his professional debut in 1898, knocking out Charley Brooks. Because prizefighting was illegal in Texas, he was occasionally arrested there. He developed his own style, dodging opponents’ blows and then counterpunching. After Johnson defeated Burns, he took on a series of challengers, including Tony Ross, Al Kaufman and Stanley Ketchel. 

In 1910, he successfully defended his title in what was called the “Battle of the Century,” dominating the “Great White Hope” James J. Jeffries and winning $65,000 — the equivalent of $1.7 million today. 

Black Americans rejoiced, but the racial animosity by whites toward Johnson erupted that night in race riots. That animosity came to a head when he was arrested on racially motivated charges for violating the Mann Act — transporting a woman across state lines for “immoral purposes.” 

In fact, the law wasn’t even in effect when Johnson had the relationship with the white woman. Sentenced to a year in prison, Johnson fled the country and fought boxing matches abroad for seven years until 1920 when he served his federal sentence. 

He died in 1946, and six decades later, PBS aired Ken Burns’ documentary on the boxer, “Unforgivable Blackness: The Rise and Fall of Jack Johnson,” which fueled a campaign for a posthumous pardon for Johnson. That finally happened in 2018, when then-President Donald Trump granted the pardon. 

To honor its native son, Galveston has built Jack Johnson Park, which includes an imposing statue of Johnson, throwing a left hook. 

“With enemies all around him — white and even Black — who were terrified his boldness would cause them to become a target, Jack Johnson’s stand certainly created a wall of positive change,” the sculptor told The New York Times. “Not many people could dare to follow that act.”

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

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Health department’s budget request prioritizes training doctors, increasing health insurance coverage

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mississippitoday.org – Gwen Dilworth – 2024-12-26 06:00:00

New programs to train early-career doctors and help Mississippians enroll in health insurance are at the top of the state Department of Health’s budget wish list this year. 

The agency tasked with overseeing public health in the state is asking for $4.8 million in additional state funding, a 4% increase over last year’s budget appropriation. 

The department hopes to use funding increases to start three new medical residency programs across the state. The programs will be located in south central Mississippi, Meridian and the Delta and focus on internal and family medicine, obstetric care and rural training. 

The Office of Mississippi Physician Workforce, which the Legislature moved from UMMC to the State Department of Health last year, will oversee the programs. 

The office was created by the Legislature in 2012 and has assisted with the creation or supported 19 accredited graduate medical education programs in Mississippi, said health department spokesperson Greg Flynn. 

A $1 million dollar appropriation requested by the department will fund a patient navigation program to help people access health services in their communities and apply for health insurance coverage. 

People will access these services at community-based health departments, said Flynn. 

Patient navigators will help patients apply for coverage through Medicaid or the Health Insurance Marketplace, said Health Department Senior Deputy Kris Adcock at the Joint Legislative Budget Committee meeting on Sept. 26. 

“We want to increase the number of people who have access to health care coverage and therefore have access to health care,” she said. 

The Health Insurance Marketplace is a federally-operated service that helps people enroll in health insurance programs. Enrollees can access premium tax credits, which lower the cost of health insurance, through the Marketplace. 

The department received its largest appropriation from the state’s general fund in nearly a decade last year, illustrating a slow but steady rebound from drastic budget cuts in 2017 that forced the agency to shutter county health clinics and lay off staff. 

State Health Officer Dr. Daniel Edney said he is “begging for some help with inflationary pressure” on the department’s operations budget at the State Board of Health meeting Oct. 9, but additional funding for operations was not included in the budget request.

“They’re (lawmakers) making it pretty clear to me that they’re not really interested in putting more money in (operations) to run the agency, and I understand that,” he said. 

State agencies present budget requests to the Joint Legislative Budget Committee in September. The committee makes recommendations in December, and most appropriations bills are passed by lawmakers in the latter months of the legislative session, which ends in April. 

The Department of Health’s budget request will likely change in the new year depending on the Legislature’s preferences, Edney said Oct. 9. 

The state Health Department’s responsibilities are vast. It oversees health center planning and licensure, provides clinical services to underserved populations, regulates environmental health standards and operates infectious and chronic disease prevention programs.

Over half of the agency’s $600 million budget is funded with federal dollars. State funding accounts for just 15% of its total budget. 

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 1956

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mississippitoday.org – Jerry Mitchell – 2024-12-25 07:00:00

Dec. 25, 1956

Civil rights activist Fred Shuttllesworth Credit: Wikipedia

Fred Shuttlesworth somehow survived the KKK bombing that took out his home next to the Bethel Baptist Church in Birmingham, Alabama.

An arriving policeman advised him to leave town fast. In the “Eyes on the Prize” documentary, Shuttlesworth quoted himself as replying, “Officer, you’re not me. You go back and tell your Klan brethren if God could keep me through this, then I’m here for the duration.’”

Shuttlesworth and Bethel saw what happened as proof that they would be protected as they pursued their fight against racial injustice. The next day, he boarded a bus with other civil rights activists to challenge segregation laws that persisted, despite a U.S. Supreme Court decision that ordered the city of Montgomery, Alabama, to desegregate its bus service.

Months after this, an angry mob of Klansmen met Shuttlesworth after he tried to enroll his daughters into the all-white school in Birmingham. They beat him with fists, chains and brass knuckles. His wife, Ruby, was stabbed in the hip, trying to get her daughters back in the car. His daughter, Ruby Fredericka, had her ankle broken. When the examining physician was amazed the pastor failed to suffer worse injuries, Shuttlesworth said, “Well, doctor, the Lord knew I lived in a hard town, so he gave me a hard head.”

Despite continued violence against him and Bethel, he persisted. He helped Martin Luther King Jr. found the Southern Christian Leadership Conference and was instrumental in the 1963 Birmingham Campaign that led to the desegregation of downtown Birmingham.

A statue of Shuttlesworth can be seen outside the Birmingham Civil Rights Institute, and Birmingham’s airport bears his name. The Bethel church, which was bombed three times, is now a historic landmark.

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

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