Mississippi Prosecutorial Misconduct

A study of criminal appeals from 1970 to the present revealed 167 Mississippi cases in which the defendant alleged prosecutorial error or misconduct. In 26, judges ruled a prosecutor’s conduct prejudiced the defendant and reversed or remanded the conviction, sentence or indictment. In 16, a dissenting judge or judges thought the prosecutor’s conduct prejudiced the defendant.

Out of the 26 cases in which courts ruled the prosecutor’s conduct prejudiced the defendant, 20 involved improper trial arguments or tactics, three involved discrimination in jury selection, two involved the prosecution withholding evidence from the defense and one involved a prosecutor breeching a plea agreement.

Eighth District Attorney Ken Turner prosecuted at least six of the 167 cases. In three, judges ruled his conduct was harmless error. In the other half, judges ruled Turner’s prejudicial conduct warranted a new trial and reversed the defendants’ convictions.

In 1999, the state Supreme Court reversed Henry Payton’s armed robbery conviction because Turner urged the jury to “send a message” by convicting Payton. The court ruled that it had “repeatedly condemned” such argument. “When the prosecution wishes to send a message they should employ Western Union,” wrote the court. “Mississippi jurors are not messenger boys.”

In 1997, the state Supreme Court reversed Michael Parker’s murder and rape convictions in part because Turner impeached his own witness and used it as evidence against Parker, a method proscribed by state case law. “This is a bad practice and when this court sees it, we are required to reverse,” wrote Chief Justice Edwin Pittman.

In 1996, the state Supreme Court reversed Calvin Hunter’s murder conviction and death sentence, in part because Turner failed to instruct the jury on one of the elements of the crime. Turner also urged the jury in the Hunter case to “send a message.”

Former Hinds County District Attorney Edward Peters was involved in at least 22 of the 167 cases. In six, judges ruled that his conduct prejudiced the defendant. In 14, judges ruled that Peters’ conduct was harmless error. In two cases, dissenting judges thought Peters’ conduct prejudiced the defendant.

Peters served as district attorney from 1972 until 2001, when he retired and began a private practice.

In 1997, the state Supreme Court reversed Gerry Lester’s murder conviction and death sentence in part because Peters and his assistant, Cynthia Speetjens, focused on inadmissible evidence and asked “highly prejudicial” questions that were not based on evidence.

“The prosecution’s cross-examination of Lester during the guilt phase was argumentative, abusive and full of insinuations of bad character,” wrote Justice Michael Sullivan in the opinion that reversed Lester’s conviction.

In 1995, the state Supreme Court upheld Kenneth Davis’ murder conviction, but a dissenting judge would have reversed because of Peters’ trial arguments.

“The arguments Mr. Peters made during closing argument were not merely inflammatory,” Justice Michael Sullivan wrote. “It is my firm belief that his statement to the jury…created an unjust prejudice that very likely influenced the jury’s decision.”

In 1988, the state Supreme Court reversed Rickey Livingston’s rape conviction because Peters raised the defendant’s decision not to testify and used it against him.

In 1987, the state Supreme Court upheld West Cole’s murder conviction and death sentence, but a dissenting judge would have reversed because Peters “discovered a prospective witness was material to the State’s case” yet did not disclose the witness’ identity to the defense.

In a 1986 sexual abuse of a child case, Peters used hand signals to communicate with a witness on the stand. In 1989, the state Supreme Court reversed the conviction because of Peters’ conduct.

That same year, the state Supreme Court reversed Jimmy Stringer’s death sentence because of Peters’ improper trial tactics and arguments. The court discussed six different “errors” that mandated reversal—namely introducing improper evidence, attempting to prevent Stringer from calling a witness, improper questioning of potential jurors, improper closing argument and commenting on Stringer’s decision not to testify.

“We are loathe to reverse this sentence, for the ruthlessness and brutality of this crime cry out for the severest punishment permitted by law,” wrote Justice Dan Lee. “However, the combination of argument and trial tactics by the prosecutors was sufficient to inflame and prejudice the jury in its deliberation on the death penalty.”

In 1985, the state Supreme Court reversed Othie West’s murder conviction and death sentence because Peters and his assistant, Thomas Mayfield, made improper comments and arguments during trial. The court specifically discussed Peter’s closing argument.

“The argument of the district attorney was blatantly inflammatory and outside the evidence before the jury,” wrote Justice Armis Hawkins. “It is doubtful that this line of argument could have been erased by the most conscientious effort on the part of the circuit judge.”

In 1979, the state Supreme Court reversed L. C. Killingsworth’s rape conviction because Peters used inadmissible evidence, which had no connection to the rape case, against him at trial. The court ruled that the case against Killingsworth was “extremely weak, suspect and uncorroborated,” and Peters’ tactics denied him of a fair trial.

Peters did not respond to requests for comment.
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