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| White Prosecutor, Doug Evans, Asks to Recuse Himself From Curtis Flowers Case | White Prosecutor, Doug Evans, Asks to Recuse Himself From Curtis Flowers Case |
| (about 2 hours later) | |
| For decades, Doug Evans, a white district attorney, was dogged in his prosecution of Curtis Flowers, a black man, for a 1996 quadruple murder in Winona, Miss., even as the case collapsed six times in mistrials or convictions that were reversed on appeal. | For decades, Doug Evans, a white district attorney, was dogged in his prosecution of Curtis Flowers, a black man, for a 1996 quadruple murder in Winona, Miss., even as the case collapsed six times in mistrials or convictions that were reversed on appeal. |
| But it appears that Mr. Evans will not try Mr. Flowers for a seventh time after Mr. Evans moved to recuse himself from the case on Monday and hand it over to the Mississippi attorney general’s office. | But it appears that Mr. Evans will not try Mr. Flowers for a seventh time after Mr. Evans moved to recuse himself from the case on Monday and hand it over to the Mississippi attorney general’s office. |
| “I have personally prosecuted the defendant in all six of his prior trials,” Mr. Evans said in a court filing. “While I remain confident in both the investigation and jury verdicts in this matter, I have come to the conclusion that my continued involvement will prevent the families from obtaining justice and from the defendant being held responsible for his actions.” | “I have personally prosecuted the defendant in all six of his prior trials,” Mr. Evans said in a court filing. “While I remain confident in both the investigation and jury verdicts in this matter, I have come to the conclusion that my continued involvement will prevent the families from obtaining justice and from the defendant being held responsible for his actions.” |
| A lawyer for Mr. Flowers, who was released on bail in December, said that the request would most likely be approved by the judge, Joseph H. Loper of Montgomery County Circuit Court, who could not immediately be reached on Tuesday. While the prosecution is still pending, supporters of Mr. Flowers said Mr. Evans’s recusal was a positive step in a case that has incited conversations nationwide about the fairness of the criminal justice system for minorities. | A lawyer for Mr. Flowers, who was released on bail in December, said that the request would most likely be approved by the judge, Joseph H. Loper of Montgomery County Circuit Court, who could not immediately be reached on Tuesday. While the prosecution is still pending, supporters of Mr. Flowers said Mr. Evans’s recusal was a positive step in a case that has incited conversations nationwide about the fairness of the criminal justice system for minorities. |
| Robert McDuff, a lawyer for Mr. Flowers, said in a statement on Monday that he was pleased with Mr. Evans’s recusal. | Robert McDuff, a lawyer for Mr. Flowers, said in a statement on Monday that he was pleased with Mr. Evans’s recusal. |
| “There is no reason to continue wasting taxpayer money and putting everyone through a seventh trial,” said Mr. McDuff, who directs the Mississippi Center for Justice’s Impact Litigation Project. “Curtis Flowers is innocent. This misguided prosecution has been plagued from the beginning by misconduct and racial discrimination, and it is time to bring it to an end.” | “There is no reason to continue wasting taxpayer money and putting everyone through a seventh trial,” said Mr. McDuff, who directs the Mississippi Center for Justice’s Impact Litigation Project. “Curtis Flowers is innocent. This misguided prosecution has been plagued from the beginning by misconduct and racial discrimination, and it is time to bring it to an end.” |
| Mr. Evans could not immediately be reached for comment on Tuesday. | Mr. Evans could not immediately be reached for comment on Tuesday. |
| Jim Hood, the outgoing attorney general of Mississippi whose last day in office is Thursday, said the trial court and his successor, Lynn Fitch, would determine who prosecutes the case after Mr. Evans is recused. Mr. Hood said in a statement that Mr. Evans was an “honest lawman” and that “the facts are sufficient for the case to be retried.” | Jim Hood, the outgoing attorney general of Mississippi whose last day in office is Thursday, said the trial court and his successor, Lynn Fitch, would determine who prosecutes the case after Mr. Evans is recused. Mr. Hood said in a statement that Mr. Evans was an “honest lawman” and that “the facts are sufficient for the case to be retried.” |
| “Appellate courts are made up of humans, just like us all,” Mr. Hood said. “In extremely rare cases, I have seen them allow emotions to overcome logic in tough cases.” | “Appellate courts are made up of humans, just like us all,” Mr. Hood said. “In extremely rare cases, I have seen them allow emotions to overcome logic in tough cases.” |
| Mr. Flowers, 49, has been accused of murder in the 1996 killings of four people in a furniture store in Winona. | Mr. Flowers, 49, has been accused of murder in the 1996 killings of four people in a furniture store in Winona. |
| In the first three trials, Mr. Flowers was found guilty by nearly all-white juries. Each of those convictions was overturned by the State Supreme Court. In the fourth and fifth trials, juries failed to reach verdicts. | In the first three trials, Mr. Flowers was found guilty by nearly all-white juries. Each of those convictions was overturned by the State Supreme Court. In the fourth and fifth trials, juries failed to reach verdicts. |
| The United States Supreme Court ruled in June that Mr. Evans had violated the Constitution by striking black jurors in Mr. Flowers’s sixth and most recent trial. His conviction was overturned, setting the stage for the possible seventh trial. In December, Mr. Flowers was released on bail — the first time he has not been behind bars in 23 years. | The United States Supreme Court ruled in June that Mr. Evans had violated the Constitution by striking black jurors in Mr. Flowers’s sixth and most recent trial. His conviction was overturned, setting the stage for the possible seventh trial. In December, Mr. Flowers was released on bail — the first time he has not been behind bars in 23 years. |
| The case had drawn nationwide attention, particularly after it was featured in 2018 by reporters at APM Reports, a division at American Public Media, in the investigative podcast “In the Dark.” | The case had drawn nationwide attention, particularly after it was featured in 2018 by reporters at APM Reports, a division at American Public Media, in the investigative podcast “In the Dark.” |
| The reporters poked holes in the forensic evidence prosecutors used and raised questions about an informant who said Mr. Flowers had confessed to him. | The reporters poked holes in the forensic evidence prosecutors used and raised questions about an informant who said Mr. Flowers had confessed to him. |
| In November, the NAACP Legal Defense and Educational Fund filed a federal class-action lawsuit against Mr. Evans, accusing him of racial discrimination. The lawsuit claims that Mr. Evans and his prosecutors, since 1992, have used peremptory strikes against black jurors 4.4 times more frequently than with white jurors. | |
| A lawyer for Mr. Evans did not immediately respond to a request for comment on Tuesday on the civil case. In a court filing in December, Mr. Evans’s legal team said the class-action lawsuit’s aims were “a permanent, ongoing and deeply fact-intensive ‘federal audit of state criminal proceedings.’” | A lawyer for Mr. Evans did not immediately respond to a request for comment on Tuesday on the civil case. In a court filing in December, Mr. Evans’s legal team said the class-action lawsuit’s aims were “a permanent, ongoing and deeply fact-intensive ‘federal audit of state criminal proceedings.’” |