Judge shuts public out of probe into missing evidence tied to the killing of a Greenville girl

By Leonardo Bevilacqua | Originally published by Mississippi Today

Editor’s note: Mississippi Today does not usually identify victims of sexual assault. However, the family of Robernisha Webster agreed to the use of her name in this article to bring attention to her case on the anniversary of her death.

Latasha Carson took time off from work and drove over two and a half hours from Memphis to Greenville, expecting to hear what became of DNA evidence that is missing in a case tied to her sister’s death.

Carson didn’t get those answers. The hearing was canceled less than 24 hours before it was supposed to begin.

“I don’t understand why no one is being held accountable for this,” Carson said about the missing evidence. “Why does my family have to suffer because they messed up?”

“Once this is all over, they will go on with their lives, but we will have to deal with it. And it’s going to be another thing pushed under the rug. The system has failed my family again.”

On April 9, Circuit Court Judge Richard A. Smith canceled the hearing, which had been scheduled in part to determine the chain of custody of the missing evidence. An assistant district attorney and deputy circuit clerks in the Mississippi Delta-based judicial district were set to testify on whether they played a role in misplacing or destroying the biological evidence that is key to an appeal of a conviction in the 2002 rape and killing of Robernisha Webster, Carson’s then 6-year-old sister. 

Smith also sealed other evidence in the case that could explain what became of the missing DNA specimens. The Mississippi state constitution affirms that open court proceedings are the default with few exceptions, making evidence in an open hearing available to the public. 

Smith cited a rule that allows judges to control how evidence is presented in court and how witnesses are questioned to protect them from harassment or undue embarrassment, and to prevent wasted court time. He could not immediately be reached for comment. 

The situation is a blow to the victim’s family. 

“I try not to think about it because of how it makes me feel,” said Addie Cannon, Carson’s and Robernisha’s aunt. “I’m just lost right now. Really lost.”

King Young Brown Jr. was convicted of the crimes in 2005 and is serving two consecutive sentences — 30 years for rape and 20 for manslaughter — at the Marshall County Correctional Facility. He was 15 years old when he was first arrested and charged, and has maintained his innocence. His attorneys requested the evidence last year as part of their work to appeal his case. 

In September, Smith had ordered Washington County Circuit Clerk Barbara Esters-Parker to ship the biological evidence — including fingernail scrapings, a rape kit and strips of masking tape — to a Virginia lab for testing.

Officials including Esters-Parker, her deputies, and district attorney’s office employees have shifted blame, or in some cases blamed each other for the missing evidence. 

Cannon said she was frustrated and hurt when she heard about the canceled hearing. She said her frustration worsened when she learned why the hearing was canceled: partly to prevent public officials from “undue embarrassment.”

“Well, they’re going to be embarrassed then, I’m sorry. People need to know,” Cannon said of the now private probe into the missing DNA evidence. “I’m just lost for words.”

Brown’s attorneys argue the missing items include evidence that could exonerate him but weren’t previously subjected to modern DNA testing. Brown’s previous trials led to two hung juries and then, in the third trial, over 13 hours of deliberation before a conviction.

They contend that his sentence should be vacated and his charges dismissed because the evidence has been lost. 

The evidence was kept in a garbage bin in a storage room in the Washington County Courthouse in Greenville.

Smith characterized some of the deputy clerk testimonies outlined in affidavits as hearsay and speculation, which would make it inadmissible in court. He requested additional evidence from both the circuit clerk’s office and the district attorney’s office to better account for the missing evidence.

Two deputy clerks implied that DA Richardson and Frye visited the evidence storage room before the items disappeared. An unsigned statement from the district attorney’s office denied the allegation.

Judges typically cancel and reschedule hearings “to give the parties time to respond, to present their arguments before eventually coming back in front of the judge and trying to sort it out,” said Matt Steffey, a Mississippi College law professor whose research centers on evidence and criminal law.

Smith wrote in his order that he also wanted to give the district attorney’s office sufficient time to respond to an April 3 filing by Brown’s attorneys, which included research that challenges the accuracy of microscopic hair comparison that was used to convict Brown. The U.S. Justice Department has discredited the method.

It’s counterintuitive for a judge to seal evidence in a hearing regarding the conduct of public officials, Steffey said. “This doesn’t protect the parties from each other. This just protects the public from looking in.”

The employees of the district attorney’s office can submit additional evidence to Smith for review within 45 days. The prosecutors and defense attorneys may submit arguments for or against vacating Brown’s sentence and dismissing his charges within 65 days. 

Smith will then decide whether to free Brown and whether to call for an investigation into the missing evidence. 

“You see this come up a lot in divorce proceedings or in cases where there might be a confidential settlement that takes place out of court,” said Amir Badat, a civil rights attorney in Jackson who has helped clients seek access to previously sealed records like bodycam footage.

Mississippi Today reached out to attorneys for their perspectives of why a judge might seal cases. Some responded that judges do so when a partial release of evidence can unfairly damage a public official’s reputation. Legal teams for plaintiffs and defendants customarily take turns filing evidence with the judge. News coverage based on partial evidence can give an incomplete picture of who is to blame for leadership failings, the experts said.

The sensitive nature of the Greenville case, particularly the possibility of misconduct by public officials, could explain the decision to lock down information, said Ronald Rychlak, a law professor at the University of Mississippi.

“So the judge is going to be careful about damaging a public figure’s reputation on the basis of incomplete information,” Rychlak said.

For the families involved, Smith’s order was painful to read. They said they expected public officials to be held accountable for the latest disruption in the case. They hoped for answers.

“I’m so upset and disappointed right now about the way the state of Mississippi is handling my son’s case,” said Gloria Brown, King Brown Jr.’s mother. “At the same time, I’m really lost for words to express my true thoughts about the justice system.”

“But I’m thankful that God has given us the strength to keep the faith and not give up!”

Cannon said she has vacillated between frustration, mistrust of those charged with protecting her community, and sadness. Cynthia Webster, the mother of Robernisha and Carson, made the trip from Memphis, too.

“This is unbelievable, but I’ve had to believe it,” she said of the recent developments in the case. “It’s happening to me. I’ve had to.”

Cannon said she remembers the searches for her niece and having to identify the girl’s body. She remembers a crew from Parchman arriving with dogs to inspect several neighborhoods in Greenville. She also remembers the neighbors and community members gathering at the nearby church to show support.

“His parents can go see him, but we can’t go see her,” Cannon said of Brown Jr. “We’ve got to go visit a grave. There’s nothing there.

“I’m lost right now.”

This article was originally published by Mississippi Today and is republished here under a Creative Commons license.

Source: Original Article