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Doug Evans: Prosecutor Promoting Institutional Racism

Jan 11 2020
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Winona, a town of slightly more than 5,000 people, sits right in the center of the northern part of Mississippi. It is known as the “Crossroads of North Mississippi” located in Montgomery County.

The town reflects what award-winning author Jesmyn Ward described in a 2018 edition of The Atlantic as “racism [that] is built into the very bones’ of Mississippi.” This was evidenced by the arrest and beating of civil rights activist Fannie Lou Hamer in April 1963 after she dared to sit at a “whites only” food counter in the local Greyhound bus station.

Montgomery County District Attorney Doug Evans personifies the racist bones of Winona, Mississippi.

First elected as district attorney in 1992, and most recently reelected after an unopposed election in March 2019, Evans has waged more than a two-decade racist fight to keep black people from serving on juries in the county.

Career as Racist District Attorney

A recent class action lawsuit filed by the NAACP Legal Defense and Education Fund and the MacArthur Justice Center on behalf of four Montgomery County residents charged that throughout Evans’ tenure as district attorney “he and his assistants have employed a policy, custom, or use of discriminatorily striking black jurors with peremptory challenges.”

The lawsuit further charged that Evans’ dark personal history of racism preceded his election as district attorney through his personal affiliation with well-known white supremacist groups like the Council of Conservative Citizens.

Against this individual and community racist backdrop, the horrific crimes that occurred in the Tardy Furniture Store in downtown Winona in July 1996 have assumed national and international importance.

Murders Bring Spotlight on DA Doug Evans

Four people were found murdered in the store on Saturday, the 16th of July. Several months later 26-yar-old Curtis Flowers was arrested for those murders. The evidence of Flowers involvement in the crime was shabby at best.

That did not deter D.A. Evans.

Between 1997 and 2010, the racist district attorney prosecuted and convicted Curtis Flowers six times, securing the death sentence against Flowers four times in those prosecutions. The prosecutions were conducted before all-white or predominantly white jurors because the district attorney intentionally, methodically and discriminatorily engaged in pattern of excluding African Americans from jury participation in the case. Each of the six convictions were overturned by either Mississippi or federal courts because Evans engaged in gross prosecutorial misconduct or because of his deliberate racist patterns of excluding African Americans from jury duty in the case.

Defendant’s Sixth Conviction Overturned

On June 21, 2019, Flowers’ sixth conviction was overturned by the U.S. Supreme Court in a 7-2 decision in which the majority opinion was written by Justice Brett Kavanaugh. In that decision, Justice Kavanaugh made this observation about Evans’ conduct in the Flowers case:

“The State’s relentless, determined effort to rid the jury of black individuals h6ly suggests that the state wanted to try Flowers before a jury with as few black jurors as possible, and ideally before an all-white jury.”

In a December 8, 2019 Law360 piece titled “Scot Free: What Happens When Prosecutors Behave Badly,” Cara Bayles pointed out that Evans has “engaged in a slew of misconduct for 22 years” in the Flowers case without incurring the slightest professional accountability.

Massive, Well-Documented Prosecutorial Misconduct

In a September 18, 2019 piece in APM Reports, Parker Yesko discussed at length the lack of professional accountability for Evans’ massive, well-documented prosecutorial misconduct in the Flowers case.

Yesko discussed this issue with Adam Kilgore, the general counsel for the Mississippi Bar. Yesko stated that a prosecutor who engages in intentional and unconstitutional discrimination in the jury selection process in a criminal case would not necessarily be subject to disciplinary action by the Bar. Yesko quoted Kilgore as saying:

“There is not an automatic trigger mechanism along that line. I think the only automatic triggers out there would probably exist along the lines of if a lawyer is convicted of a felony. I would take a look at it and look at the rules of professional conduct and see if there was possible proof of an ethics violation.”

State Bar Disciplinary Rules Inadequate and Antiquated

Kilgore added that the only real corrective measure for this type of prosecutorial misconduct is the possible reversal of a conviction obtained as a result of the misconduct.

Former U.S. Attorney Thomas Sullivan, however, informed Yesko that,

“Most of these cases that involve misconduct don’t get reversed because the evidence of guilt is strong. And if that’s your test—whether the evidence is guilt is strong, so the prosecutor can do anything he wants—you’re throwing the constitution out the window.”

81 Pages of Documented Prosecutorial Misconduct

In a February 28, 2019 Petition for Post-Conviction Relief, attorneys for Flowers were in fact forced to use 81 pages of their 327-page petition to outline the prosecutorial misconduct engaged in by D.A. Evans: suppression of exculpatory evidence, knowing use of false testimony/evidence, and suppression of impeachment evidence designed to keep an innocent person under a criminal conviction and sentence of death.

Apparently in Mississippi, where, like many of southern states, racism is “built in the bones” of the state, there is no professional accountability for a racist, unethical and thoroughly corrupt prosecutor like Doug Evans.

Voters Encourage Prosecutorial Misconduct

The voters of Montgomery County have overwhelmingly has returned Evans to office nine times and in only one of those election he did he have an opponent.

And, as Yesko discovered, the Mississippi Bar does not have any rules of ethical procedure to hold him accountable for what is nothing short of lawless and criminal conduct. In fact, the Mississippi Bar fosters—in some cases, encourages—corrupt, rogue prosecutors like Doug Evans. Yesko explained:

“[Thomas] Sullivan said lots of people are in a position to flag prosecutorial misconduct – the assistant prosecutors, defense attorneys, lower court judges and appeal court judges – basically anyone who is in the courtroom or reviews a case. According to the [Modern Rules of Professional Conduct], they’re all required to report concerns about another lawyer’s ‘honesty, trustworthiness or fitness’ and they easily could.

Powerful Disincentives to Report Misconduct

“But there are often powerful disincentives to file complaints against a district attorney. Judges and lawyers may not report them out of a fear of retribution. For criminal defense attorneys, antagonizing the local prosecutor could lead to worse outcomes for their clients.

“‘There are various places where the tripwires should kick in,’ Sullivan said. ‘There’s a whole raft of organizations and people who are not doing their jobs to bring these people to account.’

“Since lawyers usually don’t file complaints, it’s mostly their perturbed clients who do. And since prosecutors don’t have clients in the traditional sense – they represent ‘the people’ – this backstop fails.

Disciplinary Procedures Inadequate to Punish Misconduct

“For a layperson, the process of filing a bar complaint can also be confusing. In Mississippi, the bar association doesn’t post the complaint form online. It must be requested by phone or email. Of complaints filed last year, 83 percent were dismissed without any investigation.

“Bar complaints that don’t result in discipline are kept confidential and destroyed after 18 months. Complaints that do result in more serious types of discipline – private reprimand, public reprimand, suspension or disbarment – are published only in Mississippi Lawyer, a small-circulation trade magazine with no website. Private reprimands are mentioned without naming the lawyer involved. The Mississippi Bar doesn’t keep a searchable, online database.”

Professional accountability is the casualty in this process.

That brings us back to Curtis Flowers.

Curtis Flowers Released on Bond After 23 Years in Prison

On December 16, 2016, Flowers was released on a $250,000 bond, having spent 23 years in prison for a crime that he most probably did not commit.

Six days into the New Year D.A. Evans announced he will no longer handle the prosecution in the Flowers case, leaving open the prospect that his office will nonetheless try the case a seventh time.

Chances are the district attorney’s office will opt for a seventh prosecution of Curtis Flowers – and there remains the potential that the office will continue to engage in the same pattern of prosecutorial misconduct and racial discrimination it has exhibited in the Flowers case for more than two decades. Until new leadership is elected and cleans house, prosecutorial misconduct in the Montgomery County, Mississippi, District Attorney’s Office will reign supreme and the institutional racism that has formed the bedrock of the prosecutions for decades will continue to deprive black and brown defendants of a fair trial.

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    Spoke with John Floyd about a 45 year old criminal case I was involved in. I had very little information about the case and John helped me search what records were available and gave … More me guidance to find more information. He was very professional and took his time helping me. I may need to hire a lawyer on this case and Mr. Floyd will be the man.Thanks John.
  • Avatar CMCustom Cycles ★★★★★ 4 years ago
    Very professional and straight forward. He's not going to waste your time or money. Very knowledgeable in a large range of possible matters one could face living in these days … More and times. If ever you need legal assistance, this is who I would suggest. Awesome!Positive
    Responsiveness, Quality, Professionalism, Value …More
  • Avatar Greg Page ★★★★★ 4 years ago
    I called about some legal questions I needed to get clarified and John was able to give me clarification and sound advice. I will definitely contact John for all future legal questions … More and issues.Thank you John!Positive
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  • Avatar Kristen Rankin ★★★★★ 4 years ago
    Knows his stuff and well respected with DA and judges. I have referred him a couple times and every client has been satisfied
  • Avatar Kedar Puranik ★★★★★ 4 years ago
    John is beyond knowledgeable! If I decide to pursue my case any further I would only have him represent me.
  • Avatar Joseph Sivadon ★★★★★ 4 years ago
    What a great attorney, this guy really took time out of his day to answer my questions and explain my case to me. Very grateful, thank you so muchPositive
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  • Avatar Lex Strider ★★★★★ 4 years ago
    Absolutely a very professional lawyer. Very well read in the current law and more than willing to help if needed.
  • Avatar karim khalifa ★★★★★ 4 years ago
    Mr. John he’s a professional he knows what he’s doing and he’s patient they recommend Him stronglyPositive
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  • Avatar James Haggard ★★★★★ 4 years ago
    Great service, very knowledgable and happy to help with any questions I had
  • Avatar David Sustaita ★★★★★ 4 years ago
    Quick to action and helpful and knowledgeable with entertainment industry based issues!
  • Avatar Chad Groves ★★★★★ 4 years ago
    Responded on a holiday week. Very knowledgeable and reassuring.
  • Avatar Mark Fein ★★★★★ 4 years ago
    Very professional
  • Avatar Bthomason903 Bthomason903 ★★★★★ 4 years ago
  • Avatar Anton Jasser ★★★★★ 4 years ago
  • Avatar Alma Garza ★★★★★ 4 years ago
  • Avatar Victory 2020 ★★★★★ 6 years ago
    I want to thank John T. Floyd and all of his team. He is the best lawyer who cares aboutHis clients and fights really hard to get the best outcome. He is a fighter and he is awesome!!!I … More recommend if any one needs criminal defense , he is the BEST. We had a really serious caseAnd we are very thankful for the outcome. Thank you John!!!!! God bless you!!!!!!
  • Avatar Alma Garcia Cunningham ★★★★★ 6 years ago
    The attorneys at John T. Floyd Law Firm work diligently to achieve the best possible results for their clients. They are caring and knowledgeable professionals. Their expertise in the … More law and their experience as trial attorneys makes them the right choice as a defense attorney. I recommend this law firm highly.
  • Avatar Rajiv Patel ★★★★★ 6 years ago
    From beginning to end this firm handled my case like the top tier professionals they are. I would not trust ANYONE else with my legal needs after having less than stellar experiences … More with other teams. Thank you Floyd!!!
  • Avatar Jose Tapia ★★★★★ 6 years ago
    I really felt like the team cared about my case and am super satisfied with the outcome. Would not recommend anyone else!
  • Avatar Sagar Patel ★★★★★ 6 years ago
    These guys do amazing work and have phenomenal service! Hands down best in the Houston area!!
  • Avatar RAYNINN ★★★★★ 6 years ago
    John and Chris are true professionals! Love those guys like family!
  • Avatar Virginia Martin ★★★★★ 6 years ago
    Mr. Floyd and his team are very knowledgeable, informative, and helpful.
  • Avatar Darla Latham ★★★★★ 6 years ago
    A team you can depend on to stand up and fight for you to prove the truth the whole truth!
  • Avatar Veronica Elorza ★★★★★ 6 years ago
  • Avatar Karetta Lux ★★★★★ 7 years ago
    Mr. John T. Floyd represented me.I couldn't be happier with the outcome he managed to achieve on an VERY Important case that was dismissed the day of Trial. He is patient & … More very knowledgeable of the legal system. I HIGHLY recommend him to anyone in need of a lawyer!John, I am forever grateful & satisfied with the effort you put forth & all you did for me. Thank you isn't enough!God bless you & your family!
  • Avatar GM ★★★★★ 8 years ago
    The John T. Floyd Law Firm assisted me, and I can tell you that the attorney took the time to answer my questions, and I didn't feel rushed or dismissed as I have experienced in … More the past with attorneys. The attorney was very nice and extremely knowledgeable. Initial impressions and continued excellent customer service are big factors for me and as such I would highly recommend this firm.
  • Avatar Sandra Bivens ★★★★★ 8 years ago
    I thank you for your efforts to help Felons regain their Civil rights, and for the information on possession , I am A convicted Felon, no violent history. I am an expert shot, I am … More 76 yoa, and very concerned about the present lake of Security in our State and Country. God Bless and Prosper you in your efforts, Your friend, Sonny Bivens
  • Avatar Mike Kittelson ★★★★★ 8 years ago
    I really appreciated both Chris and John helping with my legal questions and concerns. Both are good guys and I would not hesitate to recommend them.
  • Avatar Robert Hair ★★★★★ 8 years ago
    Extremely helpful!!! Helping me understand the law.

John T. Floyd is Board Certified in Criminal Law By the Texas Board of Legal Specialization

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