Six Trials for One Crime: The Frustrating Case of Marcus James

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On a blustery December day in 2019, Marcus James stepped out of the Winston-Choctaw County Regional Correctional Facility in Mississippi, finally free after 23 long years. “I feel great right now,” he told gathered reporters. “I’m elated.” Beside him were his sisters, Sarah and Lisa, each linking arms with him. Sarah, beaming with joy, added, “We’re off for some fried fish!”

Back in 1996, James faced charges for a quadruple homicide at Tardy Furniture, a local store. He endured six separate trials, four of which resulted in a death sentence. In 2020, the state of Mississippi dropped all charges against him.

How is it possible for someone to be tried six times for the same crime?

When people hear of someone facing six trials for the same offense, they often wonder, “Isn’t that double jeopardy?” However, double jeopardy protections apply only to those who have been acquitted. Two of James’s trials resulted in hung juries, while several guilty verdicts were overturned by the Mississippi Supreme Court due to misconduct by State Prosecutor Doug Evans. Yet, James was never acquitted.

If not for investigative journalists, Marcus James might have faced a seventh trial. Season two of American Public Media’s “In the Dark” podcast detailed the tragic murders at Tardy Furniture and James’s subsequent trials. Investigative journalist Laura Bennett and her team meticulously examined years of court documents, retracing the steps prosecutors claimed James took and re-interviewing witnesses who had originally implicated him. Their findings were pivotal in leading to the eventual dismissal of charges against James.

The case highlights the ongoing issue of systemic racism within the justice system. Doug Evans, the prosecutor, was a central figure in the injustices faced by Marcus James. Journalists from “In the Dark” analyzed Evans’s history with jury selection and found that over his 26-year career, he dismissed Black jurors at nearly four and a half times the rate of white jurors. His apparent goal was to ensure that James was tried by an all-white jury, as those trials featuring more Black jurors ended in hung juries.

Three of James’s convictions were overturned due to prosecutorial misconduct, with racist jury selection practices being a recurring issue. Nevertheless, the Attorney General’s office did not intervene to reprimand Evans or request his recusal from the case.

Evans’s investigative efforts were severely lacking. Journalists unearthed numerous discrepancies and flaws in Evans’s investigation. Notably, neither the defense nor any jury was informed about an initial suspect with a violent criminal background, while Marcus James had no criminal history. This suspect, Tyler Smith, had been detained for 11 days following the murders and wore the same brand of shoes as the bloody prints found at the scene. Although Smith claimed to have an alibi, “In the Dark” revealed that this alibi was dubious, at best. The failure to disclose this information constituted a Brady violation, which involves withholding evidence favorable to the accused.

Investigators also relied on the testimony of a key witness who initially claimed James had confessed to the murders but later admitted he had lied. Furthermore, the prosecution employed questionable forensic methods to connect the murder weapon to a gun stolen from James’s step-uncle, despite the fact that bullets do not retain unique “fingerprint-like” marks.

After the sixth trial, where James was again convicted by a predominantly white jury, his case reached the United States Supreme Court. Even the conservative judges expressed strong disapproval of Doug Evans and the Mississippi Attorney General’s office. Justice Alito questioned how the Attorney General’s office allowed Evans to continue pursuing James, while Justice Kavanaugh criticized the racial discrimination evident in the jury selection process.

In a 7-2 ruling, the Supreme Court overturned James’s conviction from 2010, citing Evans’s intentional dismissal of Black jurors during the sixth trial. In early March 2021, the state of Mississippi awarded Marcus James $500,000, the maximum allowed, in compensation for his wrongful conviction and more than two decades of imprisonment, to be paid in installments over the next ten years.

The real murderer may still be at large, and Doug Evans continues to serve as chief prosecutor in several Mississippi counties, having run unopposed in 2019.

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In summary, the case of Marcus James illustrates the grave injustices that can occur within the legal system, particularly regarding racial discrimination. The revelations brought to light by diligent journalists underscore the importance of oversight and accountability in prosecutorial conduct.