by Radley Balko
$1 million per year from those: If Hayne did 1,800 autopsies in a year at $500 per autopsy, he’d have made $900,000, not counting his hourly rate for trial preparation and testimony.
acres in Rankin County: Steven Hayne v. Tonia Hayne, Divorce Agreement, No. 2007-459-B (Rankin Cnty. Chancery Ct. July 16, 2008).
Lee Michaels jewelry store: Steven Hayne v. Tonia Hayne.
per year in alimony: Steven Hayne v. Ann Hayne, Final Judgment of Divorce—Irreconcilable Differences, No 55–239 (of Rankin Cnty. Chancery Ct. July 19, 2004).
to the state crime lab: Deposition of Dr. Steven Hayne, Hayne v. Innocence Project (April 26, 2012), 3, 6–7, 13–14.
thrown out by his wife: Michael West deposition, Hayne v. Innocence Project (S.D. Miss. March 13, 2012), 11–17.
“see the world accountant.”: Deposition of Michael West, Hayne v. Innocence Project, 6–10, 185; deposition of Michael West, Eddie Lee Howard v. State of Mississippi, Nos. 2000-0115-CV1 2010-DR-01043-SCT (Lowndes Cnty. Circuit Ct. April 16, 2016), 126–130.
paid for Hayne’s services: Deposition of Cecil McCrory, Hayne v. Innocence Project, 5, 9–12, 21.
including Investigative Research: Le Coz, “McCrory’s Connections Vast, Deep”; Jimmie E. Gates and Geoff Pender, “Ex Rep’s Wife Charged in Epps Case,” Clarion-Ledger (Jackson, MS), July 26, 2016.
in the massive scheme: Adams, “Prison Bribery Case Now Up to $800 Million.”
eight and a half years in prison: Jimmie E. Gates, “McCrory Sentenced to 8.5 Years,” Hattiesburg (MS) American, Feb. 4, 2017.
“sick to my stomach.”: Le Coz, “McCrory’s Connections Vast, Deep.”
“played it by the rules.”: Radley Balko, “Mississippi AG Jim Hood: Forrest Allgood a ‘Straight Arrow,’” Reason, March 3, 2008; “Hood: Allgood a ‘Straight Arrow,’” Commercial-Dispatch (Columbus, MS), March 2, 2008.
separate death penalty trial: See Quintez Wren Hodges v. Christopher Epps, 2010 WL 3655851 (N.D Miss. 2010) (stating that “the testimony of Mr. Kitchens at Petitioner’s trial and in this Court is factually at odds with what is contained in the record, and DA Allgood should have known that the testimony given by ADA Kitchens was false”).
Hood had personally prosecuted: Radley Balko, “Progress and Challenges in Mississippi,” Reason, March 29, 2010; “Hood Opposes Limit on Those Who Do Autopsies,” Sun-Herald (Biloxi, MS), March 11, 2010; Lacey McLaughlin, “The JFP Interview with Jim Hood,” Jackson (MS) Free Press, Oct. 12, 2011.
no one responded: Radley Balko calls to Hood’s press office.
“support him in any matter.”: Lacey McLaughlin, “The JFP Interview with Jim Hood,” Jackson (MS) Free Press, Oct. 12, 2011.
“requesting at this time.”: Email from Jim Hood’s office to Radley Balko.
Google search: Transcript of Motion Hearing, Leigh Stubbs v. State of Mississippi, No. 2011-388 (Lincoln Cnty. Circuit Ct. Oct. 25, 2011), 91.
Buffalo, New York: Lacey McLaughlin, “Mississippi Hires First Medical Examiner in 15 Years,” Jackson (MS) Free Press, Nov. 5, 2010.
“become a campaign issue.”: Radley Balko, “Steven Hayne, Michael West ‘Expert’ Witness Scandal Could Affect Mississippi Attorney General Race,” Huffington Post, Aug. 29, 2011.
two years earlier: Robbie Ward, “DuPree Campaigns Against the Tide,” Jackson (MS) Free Press, Oct. 26, 2011; Jerry Mitchell, “Hood Says Political Foe Abused His Office,” Clarion-Ledger (Jackson, MS), Oct. 25, 2011.
twenty-two points: Lacey McLaughlin, “Jim Hood Eases into Third Term,” Jackson (MS) Free Press, Nov. 9, 2011.
Gause v. State: Curtis Wayne Gause v. State of Mississippi, No. 2010-KA-00127-SCT, June 23, 2011.
“expert testimony.”: Ibid.
challenged Hayne’s credibility at trial: Ibid.
David Parvin’s story: David Parvin v. State of Mississippi, 113 So.3d 1243 (Miss. 2013).
“requirements for admissibility.”: Ibid.
before a jury: Ibid.
“related scientific tests.”: Ibid.
called him on it: Ibid.
wasn’t his responsibility: For example, see Cory Maye v. State of Mississippi, No. 2007-KA-02147-COA (Nov. 17, 2009), 7–10 (discussed in Authors’ Note); Danny Jones v. State of Mississippi, No. 2006-KA-00343-SCT (Aug. 16, 2007) (Diaz, dissenting) (Hayne testified that wounds in decedent were “consistent with” buckshot coming from a spot across the road from where the State argued the defendant had shot her. Diaz pointed out that Hayne wasn’t a ballistics expert and had no information about other variables that could have affected the wound pattern); State of Mississippi v. Levon Brooks, No. 5937 (Noxubee Cnty. Circuit Ct. Jan. 13, 1992) (aforementioned Hayne testimony about wounds being consistent with penetration by a broom handle); State of Mississippi v. Jeffrey Keith Havard, Case No. 0141 (Adams Cnty. Circuit Ct. June 18, 2002) (aforementioned Hayne testimony about wound consistent with “penetration by an object”); Tyler Edmonds v. State of Mississippi, 955 So.2d 787 (Miss. 2007); Tyler Edmonds v. State of Mississippi, 955 So.2d 864 (Miss. Ct. App. 2006) (aforementioned Hayne testimony about victim’s wounds being consistent with defendant’s confession that he and his sister held the gun simultaneously when firing the fatal shot).
“accuracy of Hayne.”: David Parvin v. State of Mississippi.
four-paragraph opinion: In re Tavares Antoine Flaggs, No. 13-60896, Motion for an Order Authorizing the United States District Court for the Southern District of Mississippi to Consider a Successive 28 U.S.C. § 2254 Application, Jan. 31, 2014.
“Innocence Project’s letter.”: Ibid.
“Hayne’s opinion testimony.”: Ibid.
for killing an infant: James Koon v. Burl Cain, No. 3:13-CV-2538, Appeal from the United States District Court for the Western District of Louisiana, Nov. 6, 2014.
“the cause of death.”: Ibid. (emphasis added).
“clearly time-barred.”: Judgment, James Koon v. Warden Burl Cain, 2014 WL 120894, United States District Court for the Western District of Louisiana, Jan. 13, 2014 (emphasis in original).
“prior to July 2011,”: James Koon v. Burl Cain.
involved flawed forensic evidence: See Brandon L. Garrett, “Judging Innocence,” Columbia Law Review 108, no. 55 (2007): 59–60, 76.
inaccurate and unreliable testimony: Brandon L. Garrett and Peter J. Neufeld, “Invalid Forensic Science Testimony and Wrongful Convictions,” Virginia Law Review 95, no. 1 (2009): 2.
“in any manner.”: McLaughlin, “The JFP interview with Jim Hood.”
less accepted groups: See Deposition of Steven Hayne, Vessel v. Alleman, No. 99-0307-CI (Warren Cnty. Circuit Ct. June 26, 2003), 56–57; Deposition of Steven Hayne, Bennett v. City of Canton Swimming Pool, 48–49; Transcript of record, State v. Townsend, No. 2000-127-CR (Montgomery Cnty. Circuit Ct. March 20, 2001), 19; Transcript of record, State v. Williams, No. 2004-048 (Washington Cnty. Circuit Ct. Oct. 18, 2004), 367–368.
“Hayne’s description.”: Jerry Mitchell, “Doctor’s Autopsy Abilities Targeted,” Clarion-Ledger (Jackson, MS), April 27, 2008.
“when men landed on the moon.”: Ibid.
“no explanation.”: Deposition of Dr. Steven Hayne, Hayne v. Innocence Project (April 26, 2012), 244–245, but see extended questioning of Hayne on the matter on pages 245–275.
decile of test takers: Mitchell, “Doctor’s Autopsy Abilities Targeted”; Deposition of Dr. Steven Hayne, Hayne v. Innocence Project (April 26, 2012), 255–256.
on the first try: Jerry Mitchell, “Pathologist’s Credibility on Line: Expert Admits He Failed to Complete Certification Exam,” Clarion-Ledger (Jackson, MS), Nov. 13, 2012.
chance this wasn’t a murder: Ralph Riviello, Manual of Forensic Emergency Medicine (Sudbury, MA: Jones & Bartlett Learning, 2009), 13.
“four, five, to one”: Transcript of record, State of Mississippi v. John Ross, No. 200-109 (Sunflower Cnty. Circuit Ct. May 1–4, 2002), 282.
support Hayne’s contention: See I. C. Stone, “Observations and Statistics Relating to Suic
ide Weapons,” Journal of Forensic Science 32, no. 3 (May 1987); Valerie J. Callanan and Mark S. Davis, “Gender and Suicide Method: Do Women Avoid Facial Disfiguration?” Sex Roles 65, no. 11 (Aug. 2011): 867–879; V. Strajina, V. Zivkovic, and C. Nikolic, “Forensic Issues in Suicidal Single Gunshot Injuries to the Chest: An Autopsy Study,” American Journal for Medical Pathology 33, no. 4 (2012): 373–376.
disfigured corpse: Kate Masters, “A Psychiatrist Debunks the Biggest Myths Surrounding Gun Suicides,” TheTrace.com, Nov. 2, 2015.
was upheld on appeal: John Ross v. State of Mississippi, 883 So.2d 1181 (Miss. Ct. App. 2004), reh’g denied (Miss. Ct. App. Aug. 3, 2004). The Mississippi Innocence Project represented Ross in his post-conviction litigation.
“about hand size or gender.”: Campbell Robertson, “Questions Left for Mississippi over Doctor’s Autopsies,” New York Times, Jan. 7, 2013. The Mississippi Innocence Project represented Osborne in his post-conviction litigation.
state’s appellate courts: Source for Osborne narrative: Trial transcript, State of Mississippi v. Joseph Eugene Osborne, No. 499-03 (Lauderdale Cnty. Circuit Ct. April 5, 2004).
“principles and methods.”: Sherwin Williams Co. v. Gaines, 75 So.3d 41 (Miss. 2011).
“in the conviction or sentence.”: Joseph Eugene Osborne v. State of Mississippi, 20212-M-08145, Order (Miss. 2013).
quite a bit more profound: See for example, Paul C. Giannelli, “Daubert and Criminal Prosecutions,” Criminal Justice 26, no. 3 (Fall 2011); Deirdre Dwyer, “(Why) Are Civil and Criminal Expert Evidence Different?” Tulsa Law Review 43 (2007): 381; Peter J. Neufeld, “The (Near) Irrelevance of Daubert to Criminal Justice and Some Suggestions for Reform,” American Journal of Public Health 95, no. S1 (Sept. 1, 2005).
before his trial: John A. Ross Jr. v. Christopher B. Epps et al., No. 14-cv-87-SA-JMV, Report and Recommendation, United States District Court for the Northern District of Mississippi, July 30, 2015; John A. Ross Jr. v. Marshall L. Fisher, No. 15-60776, Appeal from the United States District Court for the Northern District of Mississippi, April 10, 2017.
“Is that correct?”: Rayner v. State, 186 So.3d 881 (Miss. 2015).
“discredited.”: Ibid.
entirely proper: Ibid.
“And he wasn’t me.”: Bos Stevens, interview by Tucker Carrington.
a lot of dancing: Levon Brooks, interview by Radley Balko.
“I had hoped.”: Deposition of Michael West, Leigh Stubbs v. State of Mississippi, No. 2011-387-LS-LT (Lincoln Cnty. Circuit Ct. Feb. 11, 2012), 37; Jerry Mitchell, “Dentist Now Doubts Science of Bite-Analysis,” Clarion-Ledger (Jackson, MS), Aug. 6, 2012.
private dental practice: Michael West deposition, Hayne v. Innocence Project, 10–11.
before answering a question: Chris Fabricant, interview by Radley Balko. Tucker Carrington also represents Howard and participated in the deposition.
“vagina lip off?”: Deposition of Michael West, Eddie Lee Howard v. State of Mississippi, Nos. 2000-0115-CV1 2010-DR-01043-SCT (Lowndes Cnty. Circuit Ct. April 16, 2016), 16.
“I ate eggs.”: Ibid., 75.
“cum on that”: Ibid., 91.
“I have no respect for y’all.”: Ibid., 140–141.
“yourself a sociopath.”: Ibid., 142.
Howard’s legal team: Motion to Determine Qualifications of Counsel, Eddie Lee Howard v. State of Mississippi, April 26, 2016.
pro bono basis: Affidavit of Emily Olson-Gault, American Bar Association, Nov. 9, 2015.
“Project Innocence”: See e.g., Deposition of Dr. Steven Hayne, Hayne v. Innocence Project (April 26, 2012), 191, 194, 211, 234, 238.
near Leakesville: Deposition of Michael West, Hayne v. Innocence Project, 11.
“my number one friend now.”: Deposition of Michael West, Eddie Lee Howard v. State of Mississippi, 96.
a deal to cooperate against others: Peters did not prosecute the case; his office did, and Bobby DeLaughter (later a judge and convicted in the same bribery scandal) was the line prosecutor; see Paul Quinn, “Federal Prosecutor Wished He Could Go After Former Hinds DA,” Hattiesburg (MS) American, Aug. 16, 2009; Peter Boyer, “The Bribe,” New Yorker, May 19, 2008.
for prosecutorial misconduct: Holliman v. State, 79 So.3d 496 (Miss. 2011) (“The prosecutor essentially requested that each juror put himself or herself in the place of Laura during the fatal altercation, which was an egregious display of prosecutorial misconduct”); Quintez Wren Hodges v. Christopher Epps, 2010 WL 3655851 (N.D. Miss. 2010) (“the testimony of Mr. Kitchens at Petitioner’s trial and in this Court is factually at odds with what is contained in the record, and DA Allgood should have known that the testimony given by ADA Kitchens was false”); Nerissa Young, “Holliman Murder Conviction Overturned,” Columbus (MS) Dispatch, Dec. 2, 2011.
finally defeated at the polls: Jimmie E. Gates, “Scott Colom Ousts Longtime DA Forrest Allgood,” Clarion-Ledger (Jackson, MS), Nov. 6, 2015.
National Association of Attorneys General: “Jim Hood Elected President of National Association of Attorney Generals,” NewsMS, June 7, 2014.
enthusiasm for the death penalty: “Mississippi AG Wants “State” to Mull Firing Squad, Nitrogen Gas as Execution Options,” New Orleans Times Picayune, Jan. 27, 2016; “Attorney General Jim Hood Applauds Senate Passage of Senate Bill 2237,” Office of Mississippi Attorney General Jim Hood, March 1, 2016.
ten percentage points: “All Statewide Incumbents Re-Elected with Ease,” Jackson (MS) Free Press, Nov. 4, 2015.
candidate for governor: For example, see Charlie Mitchell, “Strange But True: Trump Win Boosts Hood for Governor,” Clarion-Ledger (Jackson, MS), Dec. 14, 2016.
“what the system’s gonna do.”: Kennedy Brewer, interview by Radley Balko.
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