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After a hiccup in a long-anticipated trial about the misuse of Mississippi’s federal welfare funds, the judge has continued the trial until Feb. 23.
The trial for Ted “Teddy” DiBiase Jr., the only defendant yet to face a jury in the seemingly never-ending Mississippi welfare fraud case, began Jan. 6. During the second week, on Jan. 14, the lead defense lawyer in the case fell ill, causing U.S. District Court Judge Carlton Reeves to pause the proceedings.
Later, the defense team argued for a mistrial, saying it was unclear when lead attorney Scott Gilbert would be able to return to the courtroom. Reeves ruled Wednesday a mistrial was not necessary, that DiBiase’s other lawyers could handle the case moving forward, and that the existing jury could remain intact.
DiBiase is facing 13 criminal counts including conspiracy, wire fraud, theft of federal funds and money laundering within a broader alleged scheme to raid the state’s federal public assistance agency. He received roughly $3 million in federal funds from the agency through what prosecutors call “sham contracts,” while DiBiase argues he was a lawful contractor.
At the time Reeves paused the trial, the defense was still in the process of cross-examining former Mississippi Department of Human Services Director John Davis, who was instrumental in pushing funds to DiBiase and his family members. Auditors questioned roughly $100 million in welfare spending under Davis’ leadership.
In addition to star witness Davis, the jury has heard from a former inspector general with the welfare agency, David Barton, and two officials from the federal agencies that oversee the safety net programs DiBiase allegedly raided – the U.S. Department of Agriculture and the U.S. Department of Health and Human Services’ Administration for Children and Families.
The prosecution first called Davis on Jan. 9 in its effort to build a case – using many long, sentimental text messages between Davis and DiBiase – alleging the wrestler ingratiated himself with the then-welfare director in an attempt to strike it rich off the federal public assistance program.
The defense began questioning Davis on Jan. 12, displaying documents and social media posts to assert that DiBiase intended to carry out the services he was contracted to provide. Davis’ testimony supported many of Gilbert’s points, such as the fact that the men did not try to conceal what they were doing.
Another lawyer representing DiBiase, Eric Herschmann, alleged during his argument for a mistrial Tuesday that Gilbert’s cross-examination of Davis was so effective, the prosecution was considering the possibility of exposing his inconsistencies on the stand during its redirect.
Herschmann argued that bringing a new lawyer up to speed on the case, which involves 6 million pages of records, would be impossible to do in a short period of time. He also claimed the parties have identified 100 witnesses who could be called during the trial.
The audio version of this story is AI generated and is not human reviewed. It may contain errors or inaccuracies.
Mississippi received low marks for its infant and maternal mortality rates and high marks for declining HIV, syphilis and congenital syphilis rates on its public health report card for 2025.
State Health Officer Dr. Edney celebrated Mississippi’s improved state ranking — rising to 48th in the country in America’s Health Rankings, up from 49th last year at a press conference Wednesday.
“The health of our population is not great, but it’s better than it was,” Edney said.
America’s Health Rankings analyze 99 health measures and is released annually by the United Health Foundation — the philanthropic arm of UnitedHealth Group, the most profitable health care company in the U.S. The state’s annual report, which reviews the state’s health indicators and highlights areas of progress and those in need of improvement, is produced by the Mississippi Department of Health and the Mississippi State Medical Association.
Mississippi has the highest rate of premature death, or deaths that could be prevented with timely and effective health care, in the nation. However, the estimated years of life lost to preventable deaths in the state declined this year. The report card estimates that about 190,000 years of life were lost before age 75 due to preventable deaths, like smoking-related deaths or deaths related to untreated chronic illnesses, in 2025.
Many of these lost years of life were tied to infant deaths, Edney said. He said lowering the state’s infant mortality rate — which is higher than anywhere else in the nation — is the Mississippi State Department of Health’s top priority. The agency declared a public health emergency over the infant mortality rate last year.
Mississippi also has high rates of preventable deaths connected to heart disease, hypertension, obesity and diabetes and higher rates of firearm deaths than any other state in the country.
High obesity rates — impacting 40% of adults — are a significant driver behind the state’s high rates of hypertension, diabetes, heart disease and preterm births, Edney said. Heart disease is the state’s leading cause of death.
“As we work to improve obesity, you will see all these other indicators improve as well,” Edney said.
Mississippi saw notable progress in some areas of public health. There has been a reduction in opioid-related overdose deaths in the state for several years, Edney reported, bringing the state to the 10th lowest opioid overdose rate in the nation in 2024. HIV, syphilis and congenital syphilis rates also fell.
“Believe me, Alabama is looking over their shoulder at us today,” said Edney. Alabama ranked 47th in the state health rankings, outperforming Louisiana, Mississippi and Arkansas.
Mississippi has long led the country in child vaccination rates, but remained in third place in 2025, the same ranking as last year, following a 2023 federal ruling that decreed parents can opt out of vaccinating their children for school due to religious beliefs.
Public Health and Human Services Vice Chair Rep. Kevin Felsher, a Republican from Biloxi, said constituents can expect to see lawmakers focus on legislation to support cancer and diabetes screenings and proactive health care for Mississippians.
Felsher proposed legislation this session to require health insurance plans to cover at-home colon cancer screening tests.
“Our goal, make no mistake about it, is to make Mississippi’s health care system what Mississippi’s education system has become,” Felsher said.
Edney said the health department supports legislation to create the Fetal and Infant Mortality Review Panel, which would review the deaths of infants up to one year of age independently from the agency’s Child Death Review Panel and establish strategies to prevent infant deaths.
“Mortality reviews really inform our work,” he said. “It tells us what’s wrong and where the pain points are and what we need to do to do better.”
The audio version of this story is AI generated and is not human reviewed. It may contain errors or inaccuracies.
Two former school superintendents and a consultant have pleaded guilty to federal charges of conspiracy to commit embezzlement. They face up to five years in prison.
Earl Jo Nelson, as superintendent of Clarksdale Municipal School District and later Leake County School District, and Mario Willis, as superintendent of Hollandale School District, paid each other tens of thousands of dollars in school funds for consultant services that were never rendered from November 2021 until at least June 2023, according to a press release from the U.S. Attorney’s Office.
During that time frame, Hollandale School District sent nearly $100,000 to companies to benefit Nelson. Additionally, Clarksdale Municipal School District sent about $25,400 and Leake County School District sent about $23,400 to companies to benefit Willis.
While superintendent, Willis also sent $250,000 to a company owned by Monekea Smith-Taylor, a St. Louis-based teacher, for consulting services that were not actually provided. She would then meet Willis in person and pay him, often exactly half of what she had been paid, in cash.
Nelson and Smith-Taylor pleaded guilty during an appearance before U.S. District Judge Sharion Aycock on Tuesday, according to the release. Willis pleaded guilty to the same conspiracy charge during his October court date.
The trio has not been sentenced. Aycock scheduled a sentencing hearing for later this year.
The state auditor’s office and the U.S. Department of Education’s Office of Inspector General are investigating the case.
“Thank you to the U.S. Attorney’s Office for helping us bring this case to a close,” State Auditor Shad White said in the release. “My office will continue to work with prosecutors to deliver record results for taxpayers.”
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School districts with two or more outstanding audits will either be put on probation or lose their accreditation under a temporary rule change the Mississippi Board of Education approved Thursday.
Before, school districts could have missed filing four consecutive annual audits before they faced losing accreditation. Other consequences remain in place, which include possibly blocking the drawing down of federal funds and being prevented from applying for more.
The temporary rule change is an urgent response to concerns about the finances at Mississippi’s school districts.
In November, the Mississippi Department of Education took over Okolona schools because of the district’s dire financial situation. The district was unable to make payroll because of low cash reserves. The state took over Wilkinson County schools on Thursday for academic issues, but agency officials also noted difficulty parsing the district’s financial documents.
When asking the state board to approve the temporary rule change, top compliance and accountability officials at the state education department argued that late financial reporting can compromise public welfare.
“It’s not being a few days late or it’s not for being a couple of months late,” Paula Vanderford, chief accountability officer at the Mississippi Department of Education, said during the state board meeting. “We’re talking about having outstanding audits where there’s no information within the agency regarding their financial status.”
Temporary rules can go into effect immediately upon filing with the Mississippi Secretary of State, unlike permanent rule changes, which would require the education department to wait at least 25 days to gather public comments as well as a more thorough filing.
Chair Matt Miller during a board of education meeting on Dec. 18, 2025 in Jackson. Credit: Vickie D. King/Mississippi Today
“In November, we sounded the alarm about this, and in 60 days we have action,” state Board of Education Chairman Matt Miller said Thursday about addressing the backlog of school district financial audits and preventing additional state takeovers of school districts. “This is the action I envisioned we’d take.”
“To those out there who I will not name who say we’re not doing anything about it,” he said. “This is something we’re doing about it.”
Up-to-date audits not only give state education leaders insight into school district finances, they also are required under federal law.
Districts that miss one financial audit would face more frequent monitoring and check-ups by state education department officials and may receive agency approval to draw down some state administered funds per federal guidance.
Other factors have also contributed to a backlog of school district’s on-time financial audit submissions, including a shortage of approved auditing firms. Also, some school districts can’t afford the audit firms’ rates.
The Mississippi Office of the State Auditor sent out a December memo that requires audit firms to provide written justification to the director of audits prior to preparing new reports. The auditor’s office also agreed to prioritize school audits before the March 31 deadline.
At the Thursday state Board of Education meeting, Vanderford and Kym Wiggins, chief operating officer for the education department, stressed the importance of early intervention to prevent further state takeovers. That can be a challenge.
“There is such a profound lack of skilled persons to do that work,” Wiggins said. “There is a tremendous need for capable assistance. We’re trying to figure out here in our office how we can build that infrastructure here to provide those supports at the district level beyond just our regular annual certification.”
The agency’s Office of School Financial Services has also agreed to increase its availability to school districts that need technical assistance.
Does the agency have the capacity to handle more monitoring and intervention? “We feel this is important, necessary work and we always manage to get it done,” Vanderford said.
The audio version of this story is AI generated and is not human reviewed. It may contain errors or inaccuracies.
Update January 21, 2026: The Mississippi House of Representatives passed 111 to 1, with 10 representatives not voting yea or nay. It now moves to the Senate.
The Mississippi Legislature took steps early this week to change how elected officials spend tens of millions of opioid settlement dollars, money that state leaders have said can be spent on any public purpose.
Attorney General Lynn Fitch and state lawmakers created plans over the past four years to allow for roughly a third of Mississippi’s opioid funds to be spent on non-addiction expenses. That portion of the settlements, money won in lawsuits against companies that contributed to thousands of Mississippi overdose deaths, is split evenly between the Legislature and 147 local governments. Most states do not allow any opioid settlement money to be spent on anything unrelated to addiction.
Over three years since Fitch’s office received the first check, the Legislature hasn’t spent the money it deemed discretionary yet. But at Tuesday’s meeting held by the House Public Health and Human Services Committee, lawmakers approved a bill to create a pathway to fund mental health clinical trials related to a drug called ibogaine.
Republican Committee Chair Sam Creekmore of New Albany said he expects the state to appropriate $5 million of this money to fund the trials with Mississippi residents. Creekmore, the bill’s lead sponsor, has been encouraging his fellow lawmakers for months to use state dollars to study the psychedelic drug’s mental health treatment potential.
In August, he invited speakers from across the country to encourage Mississippi to invest in the trials that examine how the drug could address opioid use disorder, traumatic brain injuries, post traumatic stress disorder and other mental health conditions.
While some preliminary studies have indicated ibogaine could be helpful for treating these ailments, a review of available evidence says past ibogaine trials related to opioid addiction had “high risk of bias.” The drug has also been linked with severe side effects, such as cardiac arrhythmias. Some scientists say that risk can be mitigated by taking magnesium simultaneously.
At Tuesday’s meeting, Department of Mental Health Medical Director Dr. Thomas Recore said he didn’t think ibogaine would be a “miracle drug” for all mental disorders.
“I’m in support of this proposal, that we continue to investigate this medicine as a potential for several of these options,” he said.
Clinical trials are usually funded by private groups or federal organizations under the National Institutes of Health. But Arizona and Texas have passed bills to use public dollars for ibogaine studies, and Creekmore said Mississippi’s potential investment may help make the studies stronger.
“If we can work together, that’s a really good start for this potentially world-changing drug,” he told his fellow committee members.
The bill does not explicitly call for using opioid settlement funds. Instead, it says funds will be “specifically appropriated by the Legislature to the department for the purpose of this act.” After the meeting, Creekmore said he thinks the settlement dollars that can be used for anything would be the best funding source for the trials.
John Read, the Republican House Appropriations A Chair, told Mississippi Today on Wednesday that it would make sense to look at using opioid settlement funds for Creekmore’s proposal. But he said there would likely be other legislators with ideas for how to spend the dollars they control.
“Everybody wants to get their hands on it,” he said.
Creekmore’s ibogaine bill tasks the Mississippi State Department of Health with creating a state partnership with a university, a pharmaceutical company and a hospital. If the trial makes a profit, it says the state will get 20% of the profits.
The bill also instructs the partnership to apply for two special designations from the Food and Drug Administration. One is a process that expedites drug development for treatments that have a “clear advantage over available therapy,” and the other allows people to transport Schedule 1 drugs, like ibogaine, legally across state lines.
State lawmakers may soon be making changes around how the local opioid settlement money gets spent as well. In September, a Mississippi Today investigation found that much more of this money had been used for routine government expenses than addressing addiction.
Some cities and counties shifted their spending to address addiction after the investigation, but others are still looking to use money for unrelated purposes. In October, Creekmore said he would propose a bill to encourage local government leaders to use money to prevent and treat opioid addiction in the 2026 regular legislative session.
After Tuesday’s committee meeting, Creekmore said he submitted that legislation before the deadline to file bills. He said it should be available for the public to see shortly.
The opioid settlements require roughly two-thirds of Mississippi’s money to be spent on addressing addiction, and those funds have also been unspent over the past three years. A state advisory council solicited and made recommendations on funding for opioid-related grants last fall, and the Legislature will decide which of those applications to approve later this session.
The audio version of this story is AI generated and is not human reviewed. It may contain errors or inaccuracies.
The state Department of Health stands by fluoridation as a step in treating public drinking water supplies, officials with the agency told Mississippi Today on Tuesday.
Last week, the state Public Service Commission unanimously passed a resolution advocating for the “removal of sodium fluoride additives in drinking water.” Water systems began using fluoride as a treatment measure to prevent tooth decay in 1945.
Drinking fluoridated water reduces cavities by 25%, according to the Centers for Disease Control and Prevention. The CDC has called the practice one of the greatest public health interventions of the 20th Century.
“MSDH encourages the use of fluoride for it’s health benefits, primarily for oral health,” Greg Flynn, a spokesperson for the agency, said.
But a growing movement — championed by U.S. Health Secretary Robert F. Kennedy Jr. — has seen places around the country remove fluoride from the treatment process. Last year, Utah became the first state to ban the practice.
“Mississippians deserve to know what is being added to their drinking water and why,” said Central District Public Service Commissioner De’Keither Stamps, who introduced last week’s resolution. “This resolution is rooted in transparency, safety and affordability. We want to help water systems reduce avoidable chemical costs while ensuring families have confidence in the quality of the water coming into their homes.”
In a handbook on water fluoridation, the Health Department’s Bureau of Water Supply states its position more firmly.
“While it is understood, based on peer-reviewed scientific research, and years of experience that (water fluoridation) is safe and effective, some public water systems within Mississippi choose to discontinue fluoridation, contrary to the guidance of public health professionals,” the handbook says. “In many cases, decisions are made by (water system) officials without receiving appropriate factual information or notifying customers of the public water supply about the loss of this public health benefit.”
FILE – A child shows off her teeth after a dental exam in Concord, N.H., Wednesday, Feb. 21, 2024. (AP Photo/Robert F. Bukaty, file)
Opponents also point to toothpaste with growing amounts of fluoride as a reason to stop using the additive in drinking water. But toothpaste isn’t a replacement for water fluoridation, the bureau adds in the handbook.
Neither the state nor federal government require water systems to use fluoride in their treatment.
In 2001, the Mississippi State Board of Dental Examiners came out in support of statewide fluoridation in drinking water systems. Its counsel, Westley Mutziger, told Mississippi Today the board hasn’t reviewed its stance on the matter.
Flynn, with MSDH, said two systems in Mississippi have completed the process of discontinuing fluoride treatment: Sunrise Utility Association, which serves 5,998 people in Forrest County, and the town of Louise, which serves 870 people in Humphreys County. As of last December, another 26 systems serving a combined 275,000 people were in the process of abandoning fluoride in their water treatment, according to MSDH:
City of Brandon, serving 31,548 people in Rankin County.
City of Greenville, serving 29,602 people in Washington County.
City of Flowood, serving 27,997 people in Rankin County.
Bear Creek W/A – West, serving 26,012 people in Madison County.
City of Ridgeland, serving 24,459 people in Madison County.
Bear Creek W/A – East, serving 18,120 people in Madison County.
City of Cleveland, serving 16,392 people in Bolivar County.
North Lamar W/A, serving 12,778 people in Lamar County.
Diamondhead Utilities – North, serving 12,577 people in Hancock County.
City of Brookhaven, serving 12,513 people in Lincoln County.
City of Bay St. Louis, serving 9,284 people in Hancock County.
City of Richland, serving 7,000 people in Rankin County.
City of Philadelphia, serving 6,921 people in Neshoba County.
Crystal Springs W/S, serving 5,961 people in Copiah County.
Macon Electric and Water Department, serving 5,174 people in Noxubee County.
City of Waynesboro, serving 4,850 people in Wayne County.
Eudora Utilities Association, serving 3,712 people in DeSoto County.
City of Sardis, serving 3,439 people in Panola County.
City of Water Valley, serving 3,380 people in Yalobusha County.
City of Poplarville, serving 3,334 people in Pearl River County.
City of Collins, serving 2,921 people in Covington County.
Sharon Water Works, serving 2,843 people in Jones County.
Town of Ackerman, serving 1,594 people in Choctaw County.
Town of Monticello, serving 1,400 people in Lawrence County.
Town of Inverness, serving 895 people in Sunflower County.
Ellisville State School #1, serving 750 people in Jones County.
While the state doesn’t require fluoride in water treatment, it does require a water system to take certain steps before discontinuing the practice: 1) meeting in person with MSDH’s Bureau of Public Water supply, 2) giving a 30-day public notice, 3) the governing body holding a vote, 4) another public notice of the final decision, and 5) continuing to inform customers that the system has stopped using fluoride in its water treatment.
The audio version of this story is AI generated and is not human reviewed. It may contain errors or inaccuracies.
The Mississippi Emergency Management Agency is warning Mississippians to prepare for what is forecasted to be a potential major winter storm this weekend.
The National Weather Service is forecasting the potential for a massive winter storm from Friday until Sunday. The storm could reach north Mississippi, parts of the Delta, central Mississippi and down to Hattiesburg. While the forecast is still evolving, the potential exists for freezing rain and other forms of winter precipitation, coupled with freezing temperatures.
The weather could impede travel and cause power and communication outages. Freezing rain brings the potential of downed power lines and trees.
MEMA and NWS are working closely together in preparation for the storm. Scott Simmons, MEMA’s director of external affairs, gave some tips ahead of this weekend.
“People need to start thinking now about preparing their disaster kits, what they’ll need in the event that their house should lose power,” he said “Will they have batteries? Will they have phone chargers? Will they have the ability to heat their homes?”
Simmons said residents should make sure they have food, water, blankets and batteries in their homes and cars. He warned to never use a stove top or oven to heat a home, and to place space heaters in the middle of the room away from flammable objects. People should wrap their pipes, have plenty of firewood and seal their doors and windows to lock in the heat.
NWS has a guide to help people prepare for winter weather, and MEMA has a guide for creating a disaster kit.
Subfreezing temperatures are expected to last through the weekend and early into next week, according to current forecast models. The National Weather Service recommends keeping an eye on the forecast as it changes.
Freezing rain can be especially devastating. In February 1994, much of north Mississippi experienced one of the worst ice storms in the state’s history, resulting in downed trees and power lines over wide areas. Power outages in some instances lasted more than a week and the state had to step in to help with the cost of cleanup and other recovery efforts.
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The Clevelands break in a new studio with commentary on the national championship game, Ole Miss’ highest final national ranking in 63 years, Trinidad Chambliss, SEC Basketball, the coming baseball season and reigning NCAA golf champion Michael La Sasso joining the LIV golf tour.
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The seven current members of the Mississippi Supreme Court on Tuesday quizzed attorneys for State Auditor Shad White and Attorney General Lynn Fitch over which statewide official can bring a lawsuit to recoup misspent taxpayer money.
During oral arguments in a case involving Mississippi’s massive welfare scandal, justices Josiah Coleman and Kenny Griffis appeared vexed that the two agencies, which should be working on behalf of state taxpayers, were arguing in court over the issue.
“So, what are we fighting about?” Griffis asked at one point.
The issue is over a section of Mississippi law stating that the auditor is “to institute suit, and the attorney general shall prosecute the same in any court of the state,” when recovering misspent tax dollars.
Fitch first took White to court when the auditor attempted to sue Pro Football Hall of Fame athlete Brett Favre to recoup a portion of allegedly misspent welfare money.
Fitch, as the state’s top legal officer, believes she has the exclusive right to file a civil lawsuit on behalf of the state, and it would be unrealistic to compel the attorney general to file litigation she doesn’t believe is legitimate.
White believes the plain reading of the state law clearly gives him the authority to initiate lawsuits and requires the attorney general to follow through and prosecute on his behalf.
A Hinds County chancery judge sided with White, so the attorney general appealed to the state’s highest court.
However, if White were to prevail, Justice Coleman questioned how the auditor and attorney general scenario would work in reality, especially in situations where the attorney general and state auditor disagree on how litigation should proceed.
Lawyers have an ethical and professional responsibility to tell the truth in court and in court filings, so Coleman asked, in a hypothetical situation, if the attorney general was supposed to forsake those obligations simply because a state auditor wanted to pursue a claim.
Mississippi Supreme Court Justice Josiah Coleman asks questions of attorneys representing Attorney General Lynn Fitch’s office and State Auditor Shad White, Tuesday, Jan. 20, 2026 in Jackson. Credit: Vickie D. King/Mississippi Today
“If we reduce everything to the absurd, we can always find the limits,” Clay Baldwin, an attorney for White, answered.
“It’s not absurd that a lawyer would have a client or a potential client come to them and ask them to pursue a case that, in that lawyer’s judgment, has no merit and is frivolous,” Coleman responded.
Baldwin then argued that if the attorney general’s office refused, state law allows an agency to seek outside counsel.
The money at the center of the legal fight between the two statewide officials is about $730,000 that White claims Favre owes the state because of unpaid interest.
Fitch’s office, on behalf of the Mississippi Department of Human Services, sued dozens of defendants, including Favre, to try to recoup allegedly misspent welfare money. But it did not include funds that White’s office is pursuing.
Griffis asked Scott Stewart, Mississippi’s solicitor general, who argued on behalf of Fitch, whether the attorney general’s office ever planned to file a suit to claw back the money White is trying to recover. Stewart did not answer the question directly and said the office would have to make a “final determination” on the matter.
“When this court is deciding things, it’s not just about this case,” Stewart argued. “It’s about many, many cases. It’s about the rule of law that is going to control in many, many cases.”
Stewart’s response highlighted how little information and how few updates the public has received on the massive scandal that auditors said resulted in the loss of at least $100 million in federal funds meant to assist the needy, reduce poverty or feed the hungry from 2016 to 2020.
Mississippi Supreme Court Justice Kenny Griffis asks questions of attorneys representing Attorney General Lynn Fitch’s office and State Auditor Shad White, Tuesday, Jan. 20, 2026 in Jackson. Credit: Vickie D. King/Mississippi Today
For the last two weeks, former wrestler Teddy DiBiase has been standing trial for his alleged role in the scandal.
Neither Fitch nor White was in the courtroom on Tuesday. The two officials have said they’re considering running for governor and have clashed in recent years over the handling of the scandal.
Fitch also withdrew her office’s representation of the auditor in two defamation lawsuits, including one filed by Favre, after determining a book White wrote about the welfare scandal cast her office in a negative light and created a conflict of interest.
Tuesday’s arguments were somewhat unusual, as a full court participated. But only seven justices are currently on the usual nine-member court because the U.S. Senate recently confirmed two of the former members as federal judges in northern Mississippi.
It’s unclear when the justices will deliver a ruling in the case, but the court typically issues rulings on Thursdays.
The audio version of this story is AI generated and is not human reviewed. It may contain errors or inaccuracies.
An attorney for the only defendant yet to face a criminal trial in the seemingly never-ending Mississippi welfare fraud case has asked a federal judge for a mistrial after the team’s lead lawyer fell ill last week.
The trial for Ted “Teddy” DiBiase Jr. was in the middle of its second week when the lead defense attorney, Scott Gilbert, experienced a health issue halfway through the day Jan. 14. Gilbert was in the middle of cross examining former Mississippi Department of Human Services Director John Davis – the former director’s fourth day on the witness stand – but never faltered in his questions before court stopped for a lunch break.
Scott Gilbert, Ted “Teddy” DiBiase Jr.’s lead attorney, exits the Thad Cochran United States Courthouse in Jackson, Miss., on Thursday, Jan. 8, 2026. Credit: Richard Lake/Mississippi Today
U.S. District Court Judge Carlton Reeves did not immediately make a decision Tuesday on how to proceed with the case, opting to ask each juror whether they are available in February and how a pause in the trial may affect them. He said he will make a ruling on the motion for a mistrial shortly. If granted, the parties acknowledged that a new trial would be scheduled, possibly several months from now.
DiBiase is facing 13 criminal counts including conspiracy, wire fraud, theft of federal funds and money laundering in a broader alleged scheme to raid the state’s federal public assistance agency. He received roughly $3 million in federal funds from the agency through what prosecutors call “sham contracts,” while DiBiase argues he was a lawful contractor.
Another lawyer added to DiBiase’s defense shortly before trial, Eric Herschmann, made the case for a mistrial.
He argued that DiBiase has a constitutional right to choose his own counsel and that the defendant has been working with Gilbert for nearly six years. The federal government first moved to seize DiBiase’s million-dollar Madison mansion – which it alleges was purchased with welfare funds – in 2020, though he was not indicted until 2023.
Herschmann said DiBiase chose well by selecting Gilbert.
“Mr. Gilbert’s cross examination of the government’s star witness was so outstanding that in the midst of the cross examination, the government indicated it was going to treat the star witness as a hostile witness on redirect,” Herschmann said.
When a party to a case treats its own witness as hostile, it generally means the witness gave testimony that was unfavorable or unexpected to that party’s case, and in turn, counsel may use strategies to get the witness to contradict or even impeach himself or herself on the stand.
Herschmann was referring to Davis. The prosecution first called Davis on Jan. 9 in its effort to build a case – using many long, sentimental text messages between Davis and DiBiase – alleging the wrestler ingratiated himself with the then-welfare director in an attempt to strike it rich off the federal public assistance program.
The defense began questioning Davis on Jan. 12, displaying documents and social media posts to assert that DiBiase intended to carry out the services he was contracted to provide. Davis’ testimony supported many of Gilbert’s points, such as the fact that the men did not try to conceal what they were doing.
Former Mississippi Department of Human Services director John Davis walks to the Thad Cochran United States Courthouse, Tuesday, Jan. 13, 2026, in Jackson. Credit: Vickie D. King/Mississippi Today
Herschmann told the judge Tuesday that he observed Gilbert’s condition during trial last week and recommended the team take a break. He said Gilbert soon visited a hospital. Herschmann said the team doesn’t expect to learn more about Gilbert’s outlook for roughly four weeks.
DiBiase is also represented by Sidney Lampton, whom Herschmann argued does not have the jury trial experience required to lead the case. Only Gilbert currently has the experience and knowledge to adequately lead the case that involves 6 million pages of records, Herschmann argued. He said preparing a new attorney could take months.
The government argued against the request for mistrial, saying DiBiase’s remaining lawyers are capable of trying the case and delays could jeopardize the testimony if witnesses become unavailable. It was divulged that Davis, for example, is currently undergoing treatment for cancer.
Herschmann, a former senior advisor to President Donald Trump, is involved in the Mississippi welfare fraud case by way of former NFL quarterback Brett Favre.
Herschmann is representing Favre in a broader civil case that the state welfare department is bringing against dozens of people or entities that improperly doled out or received federal funds. Favre has not been charged criminally.
That litigation has dragged on since 2022. In recent months, Herschmann and the lawyers for other defendants in the case took a deposition from a former deputy state auditor, Stephanie Palmertree, who conducted the original audit exposing the misspending. There is a gag order in the civil case that many parties to that litigation have said prevents them from speaking to the media about the case.
Palmertree left the auditor’s office to form her own accounting and consulting firm in early 2024 and DHS hired Palmertree in her new capacity to be the expert witness in the civil suit. After the deposition, and just before DiBiase’s trial, DHS filed to withdraw her as its expert witness.
Herschmann said during his argument Tuesday that he, in Gilbert’s recent absence, worked throughout the weekend to sift through discovery in the DiBiase case.
He alleged he found conflicting information within the materials, such as transcripts, produced in the criminal case, which he recently joined, versus the civil case he’s been immersed in for years.
Without any more detail, and referring to Palmertree, Herschmann said, “She swore under oath that she fabricated evidence to the federal government.”
In the DiBiase trial, Herschmann was expected to call Palmertree to the stand to question her handling of the audit – a long point of contention for Favre’s camp. Favre has denied the auditor’s office’s claim that Favre entered an agreement to give speeches in exchange for $1.1 million in payments from a nonprofit at the center of the scandal. Mississippi Today obtained and analyzed the agreement in 2022.
Palmertree’s attorney Melvin Priester Jr. said that because Palmertree has been called as a witness in the case, she cannot comment on Herschmann’s remarks other than that she stands by her audit.
“Any implication that she has somehow made a material misrepresentation is a mischaracterization of the evidence,” Priester said.
Herschmann also said the auditor’s office had admitted to destroying recordings. He suggested to Reeves that the criminal case requires a probe into these matters.
Reeves asked the lawyer why this type of analysis hadn’t been conducted in DiBiase’s case up to this point. Herschmann said another lawyer is representing DiBiase in the civil case and the attorney had not requested a transcript of Palmertree’s deposition.
Reached for comment, auditor’s office spokesperson Jacob Walters said in a text, “OSA does everything by the book and Eric Herschmann will say anything to deflect from the fact that millions of dollars in welfare funds were misspent.”
