OurTupelo

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.” 

The post Her father was sentenced to life in prison. A Jackson woman seeks law change to bring him home. appeared first on Mississippi Today.

The Clevelands recap the NFL conference championship games and look ahead to the Super Bowl, plus some college basketball thoughts. Father and son agree on two things: Patrick Mahomes is the best quarterback in the game and all the fuss about Taylor Swift is comical.

Stream all episodes here.

The post Podcast: And then there were two, the Chiefs and the 49ers. appeared first on Mississippi Today.

Online sports betting would become legal in Mississippi under a proposal that advanced Tuesday evening in a state House committee meeting. 

The House Gaming Committee passed House Bill 774, which would legalize mobile sports betting but require customers to use online services from existing Mississippi casinos to place a bet.

“The number one goal is to protect our brick-and-mortar buildings,” House Gaming Committee Chairman Casey Eure said. “Every mobile sports wager will be tied to a brick-and-mortar building.”

Under the proposal, bettors would not have to physically visit a casino to register for sports betting. The entire registration process could happen remotely, as long as it was done in Mississippi.

In-person sports wagering and mobile fantasy sports have been legal in the state since 2018, but online betting has remained outlawed over worries the practice could erode the profits of casinos.

The House proposal would require online sportsbooks like DraftKings or FanDuel, called a “skin,” to partner with a physical casino in Mississippi before allowing customers to participate in mobile betting.

Democratic Rep. Robert Johnson III of Natchez, the House minority leader, voiced concerns that smaller casinos in the state would get choked out of the market because larger casinos, often owned by chains, could quickly partner with sports betting outfits.

“I wouldn’t think that any casino would have a problem partnering with someone,” responded Eure, a Republican from Harrison County.

Eure, the bill’s author, estimated that Mississippi would generate between $25 million to $35 million in revenue during the first year if the state enacted a mobile sports betting program. The revenue would come from a 12% tax on sports wagers with 4% going toward the local municipality where the sponsor casino is located and 8% going toward the state.

The entire 122-member House chamber can now consider the proposal, but it’s unclear when it will do so. House Speaker Jason White, a Republican from West, implied on Tuesday afternoon that the chamber would vote on the measure sometime this week.

If the full House passes the proposal this week, it will move to the Senate for consideration. It would have to clear Senate committee and a full vote on the Senate floor to move to the governor’s desk. If the Senate amends the original bill in any way, it would have to go back to the House for approval.

The post Mississippi House committee passes online sports betting bill appeared first on Mississippi Today.

The post Marshall Ramsey: A Dangerous Game appeared first on Mississippi Today.

The Republican National Committee and Mississippi Republican Party sued state officials in federal court to prevent election workers from counting some mail-in absentee ballots during the state’s upcoming presidential and congressional election.

The national and state GOP plaintiffs argue that a 2020 state law allowing local election workers to count mail-in absentee ballots for up to five days after the election date violates federal law because only Congress sets the timeframe for when votes can be processed. The Mississippi law currently permits election workers to count mail-in votes if the ballots were postmarked by the election date.

In 2020, the Republican supermajority state House passed the bill in question by a vote of 97-14, and the Republican supermajority Senate passed the bill by a vote of 31-14. It was then signed into law by Republican Gov. Tate Reeves.

The plaintiffs, represented by former state GOP director Spencer Ritchie, argue that the five-day window should be suspended for all federal elections and only count mail-in absentee votes that arrive by Election Day.

“By holding voting open beyond the federal Election Day, Mississippi violates federal law and harms plaintiffs,” the RNC wrote in its complaint.

The state and national Republican Party also argued that voting by mail is “starkly polarized by party” because more Democrats than Republicans tend to vote by mail.

“That means the late-arriving mail-in ballots that are counted for five additional days disproportionately break for Democrats,” the GOP plaintiffs wrote in the lawsuit.

Secretary of State Michael Watson is a named defendant in the litigation because his agency oversees elections. His office declined to comment and referred questions to the Mississippi Attorney General’s Office, which will represent the agency in court.

Attorney General Lynn Fitch’s office, as of Wednesday morning, had not filed a formal response to the litigation. Her office declined to comment on the suit, citing its policy of not commenting on pending litigation.

U.S. District Judge Louis Guirola Jr., the federal judge presiding over the case, has not yet issued any order.

The post RNC and Mississippi Republican Party file lawsuit to limit mail-in ballots for federal elections appeared first on Mississippi Today.

I do not know about you but starting a new year, setting new goals, and staying focused can be stressful. If you are like me, the holidays packed my schedule and left me feeling exhausted. Then, suddenly, I was hit with a New Year and a strong desire to do things better.

Unfortunately, I am not alone when I share that I rarely finish the resolutions that I start – if I even try to make any. As the year and daily duties increase, I find myself on the same old path of a wild – dare I say, out of control – ride in life!

During the first sermon of the year, my pastor suggested choosing a single word to stick to. That seems simple and achievable, right?

What if all of us reading this article chose the word kindness? What difference might we make for our fellow mankind!

A co-worker, Choir Director Amy Twilley, was telling me about an experience with the people of Crystal Springs United Methodist Church and Baddour residents who participate in The Miracles, an audition choir.

Before the choir’s performance, the congregation collected bios and a Christmas wish list for each choir member, and they prayed and shopped for them. Even resident choir members were surprised. One told Amy she was amazed that strangers were so loving and kind and generous to them.

What a wonderful thought: to choose to be kind to people we do not know and may never see again. That warms my heart. Doesn’t it feel good when someone is kind to us?

Many of the men and women with intellectual and developmental disabilities and autism who live at The Baddour Center have experienced difficulties throughout their lives, such as bullying or the inability to have meaningful employment. They know the opposite feeling of kindness.

I often say that the population we serve at Baddour are “my people” because they love big and make me feel like a rockstar whenever I arrive at work, a wonderful reprieve from the cruelty of the world.

For 2024, let’s not overcomplicate our New Year’s resolutions; let’s continue laughter and the generous spirit of the holidays that makes the season so bright and joyful.

Let’s learn from strangers and actively be kind to the people around us – whether we know them or not. Who will you show kindness to today?

From all of us at The Baddour Center, Happy New Year, and thank you to those of you who have been kind to residents of The Baddour Center throughout our 45-year history!

The post Life Lesson from Stranger Becomes New Year’s Resolution appeared first on Mississippi Today.

Mississippi’s appeals court reversed the manslaughter conviction of a former Jackson police officer who pulled a man from his car and slammed him to the ground, citing insufficient evidence. 

The ruling also rendered an acquittal.

“The State concedes error in this issue,” reads Tuesday’s majority opinion written by Chief Justice Donna Barnes of the Mississippi Court of Appeals. “After review, we likewise conclude that the evidence was insufficient to support the verdict.” 

Justices Virginia Carlton, Jim Greenlee, Anthony Lawrence III and Joel Smith concurred and Justice Jack Wilson concurred in part. The remaining four justices dissented. 

On Aug. 5, 2022, former detective Anthony Fox was found guilty of culpable-negligence manslaughter for the death of 62-year-old George Robinson. This came about two years after his indictment with two other officers for second degree murder. He received a 20-year prison sentence with 15 years suspended and five to serve, followed by five years probation. 

In a Tuesday statement, Hinds County District Attorney Jody Owens II said he is disappointed in the court’s decision but is thankful for its careful consideration of the case. 

“The Hinds County District Attorney’s Office’s goal in each case is to seek justice,” he said in the statement. “… While we carefully review the Court’s decision and evaluate the appropriate path forward, our thoughts and prayers are with the family of George Robinson.” 

The evening Jan. 13, 2019, Fox was searching for a suspect involved in the shooting death of a local pastor. Officers were in the area of Jones Avenue when they encountered Robinson, who was hosting a barbeque at his home to celebrate his recent recovery from a stroke. 

Two people approached Robinson’s car to ask for change to buy food. Fox testified that he thought they were engaging in a drug sale. Officers asked Robinson to get out of the car, and the man told officers he couldn’t move very fast and was trying to take his seatbelt off, according to court records. 

Fox opened the door, grabbed the man and threw him to the ground – hitting Robinson’s head and resulting in bleeding. Officers called an ambulance, but then canceled the request for service before a paramedic arrived, according to court records. 

The officer cited Robinson for disobeying police commands and resisting arrest, and then let him go. Robinson drove to see his girlfriend and lay down on the bed, and she left him to go to the store. 

About 15 minutes after she returned, Robinson started to shake and foam at the mouth, according to court records. An ambulance came and took him to the hospital where doctors found a brain bleed and performed surgery on his head. 

Robinson died Jan. 15, 2019. The state medical examiner testified that his cause of death was a homicide from at least three blunt injuries to the head. 

The Court of Appeals agreed with Fox’s argument that there was insufficient evidence for a culpable negligence verdict and that the Hinds County Circuit Court acted improperly when it didn’t instruct the jury about a defense of “accident and misfortune.” 

Culpable negligence would need to be supported by evidence that the victim’s death was a foreseeable result of the defendant’s actions., the court wrote. Medical evidence did not support how eyewitnesses described what happened to Robinson, the court wrote, noting how medical experts testified that Robinson would have had more injuries. 

Robinson’s medical history including a history of strokes, hypertension and blood thinner medication also make it difficult to pinpoint whether the injuries caused by Robinson were the sole contributor to his death, the court wrote. 

Taken altogether, the Court of Appeals found the eyewitnesses’ testimonies not to be credible, so they can’t be the basis for Fox’s conviction. 

“The evidence does not support a finding, beyond a reasonable doubt, that Fox should have known that Robinson’s death was a probable result that he should have reasonably anticipated,” the court wrote. 

The ruling comes less than six months after the Mississippi Attorney General’s Office made a similar argument and asked the court to reverse Fox’s conviction, saying Fox could not have reasonably foreseen that Robinson would die from “an everyday effort to subdue a resisting, non-compliant suspect using traditional non-lethal means.” 

In a Tuesday statement, Attorney General Lynn Fitch said a wrong has been righted and Fox received the acquittal he deserves. She reiterated her support for law enforcement. 

In his dissent, Justice John Emfinger said there was legally sufficient evidence to support the verdict, and the court must question whether Fox’s actions against Robinson were reasonable, such as why he took him out of the car or allowed his head to hit the pavement. 

“If Fox did not have a reasonable suspicion that Robinson was involved in illegal activity, he had no lawful right to remove him from his vehicle,” he wrote. “Thus, any force that he used would be unreasonable.”

Justices Latrice Westbrooks, Deborah McDonald and David Neil McCarty joined the opinion. 

However, Emfinger wrote the jury wasn’t properly instructed in some respects. In that case, he would reverse the conviction and ask the court to hold a new trial with proper instructions. 

In its statement, the Hinds County district attorney’s office said it followed the law and that the jurors were instructed on the law. 

The post Appeals court tosses ex-Jackson police detective’s manslaughter conviction appeared first on Mississippi Today.

The post Marshall Ramsey: W appeared first on Mississippi Today.

The post Marshall Ramsey: King Cake appeared first on Mississippi Today.

Scott Allen, owner of A Plus Signs in Jackson, joins Mississippi Today Editor-at-Large Marshall Ramsey for a discussion about the restoration of the historic Sun-N-Sand Hotel sign.

The Sun-N-Sand was a mid-century modern hotel near the Mississippi State Capitol that hosted both legislators and civil rights leaders from 1960-2001. Placed on an endangered list in 2020, part of the hotel was torn down. However, the restaurant and sign were both saved and restored.

Scott talks about the team effort it took for the restoration, with several other companies pitching in to rebuild the iconic sign. He also praises his team at A Plus — it was truly team effort!

The post Mississippi Stories: Saving the Sun-n-Sand Sign with Scott Allen appeared first on Mississippi Today.