WINONA – The fifth murder trial of Curtis Giovanni Flowers ended in a hung jury late Tuesday evening.
Montgomery County Circuit Judge Joseph H. Loper Jr. declared the mistrial at roughly 7:40 p.m. Jurors had been deliberating roughly 16 hours when the announcement was made.
After dismissing other jurors, Loper ordered juror James Bibbs jailed on perjury charges.
“This is absolutely ridiculous that I have jurors come into this court and lie to get on a jury,” Loper said after having Bibbs jailed.
According to a note juror Jennifer Bailey sent to the judge during deliberations, Bibbs told jurors he had personally witnessed evidence being planted inside Tardy Furniture on the day four people were murdered inside the store.
“The only thing I told the jury is that I was in the area,” Bibbs told Loper when questioned in open court.
Loper explained that he had specifically asked every member of the jury if they had outside knowledge of the case before proceedings began. Bibbs had claimed prior to the trial the only information he had of the case came from media reports.
“I misunderstood,” he said.
“No, sir, you did not,” an emotional Loper responded. “Don’t stand there and lie.”
Loper ordered Bibbs arrested and jailed on $20,000 bond.
“You’re free to go – in handcuffs,” he told Bibbs.
Flowers is accused of shooting four people to death in 1996 inside the downtown Winona furniture store where he had briefly worked. The victims were owner Bertha Tardy, 59, and three employees – Carmen Rigby, 45, Derrick “Bobo” Stewart, 16, and Robert Golden, 42. They were each shot in the head with a .380 semi-automatic handgun.
No murder weapon has ever been found.
Prosecutors have claimed that Flowers killed the four in anger after he was terminated and his paycheck docked $85 for damage to golf-cart batteries.
Flowers, 38, has been convicted and sentenced to death in three previous trials, but each conviction was thrown out on appeal. A fourth trial last December also ended in a mistrial with a deadlocked jury that was split along racial lines.
Flowers is black. Three of the four victims were white; Golden was black.
Standing in the courtroom Tuesday night, District Attorney Doug Evans said a sixth trial will be scheduled and a death penalty sought.
“He stays in jail,” he said when asked about Flowers.
When leaving the Montgomery County Courthouse, Flowers’ father, Archie Flowers, was asked if he had anything to say. “I do, but Lord knows I don’t want to say it,” he responded.
Bibbs, a 66-year-old African American, was the second juror arrested during the trial.
Alternate Mary Purnell was also jailed and charged with perjury shortly after witness testimony began Wednesday. Purnell, a black woman, had said she did not know the defendant. However, court officials discovered that the 49-year-old Winona resident was on Flowers’ jail visitation list and that more than 60 phone calls were made from the jail to Purnell’s home. Purnell said the calls were placed by Flowers and her son, who is also being housed at the Montgomery-Carroll Regional Correctional Facility in Vaiden.
Perjury is a felony and comes with a maximum penalty of 10 years.
“How can you tell people to depend on the justice system, when in this case the justice system isn’t working?” Evans said when asked about the perjury charges.
Bertha Tardy's daughter, Roxanne Ballard, sat weeping in the front row after the mistrial was declared Tuesday night.
Outside of the courtroom, family members of the victims expressed frustration and sadness.
“I’m still searching for justice for a 16-year-old child,” said Derrick Stewart’s teary-eyed father, Roy Stewart. “With a fair jury in Montgomery County, I’ll get that justice.”
Carmen Rigby’s oldest son, Benjie Rigby, said despite two straight hung juries, he, too, holds out hope for justice in a 12-year-old crime prosecutors deem the worst in Winona's history.
“You’ve just got to hope that a jury will listen to the evidence,” he said in the lobby of the courthouse. “The evidence is there. There’s nothing ‘iffy’ about it if you listen to the evidence.”
When contacted this morning, Stewart’s mother, Kathy Permenter, said she doesn’t believe a fair jury can be seated in Winona.
“It’s not ever going to be a fair trial if it keeps happening in Montgomery County,” she said. “The only good that came from the trial for me was (Loper) showing that he is stern in the courtroom and willing to hold up the law.”
After ordering Bibbs jailed, Loper suggested that Mississippi law should be changed to allow prosecutors to request a change of venue if they believe a fair trial cannot be held in the county where the alleged crime occurred. Under current state law, only the defense can make such a request. “It is high time the Legislature took some action,” the judge said.
Loper urged Evans to contact the Mississippi Prosecutors Association and begin lobbying for a change.
While Loper chastened Bibbs, Flowers’ defense attorney, Ray Charles Carter, got up to leave the court.
“Have a seat,” Loper announced as a deputy blocked Carter’s exit. “I don’t know who you think you are.”
After having Bibbs jailed, Loper asked Carter for an apology and explanation.
“I apologize,” the defense attorney said. “But by the same token, I don’t agree, based on what that gentleman said, that he committed perjury.”
“Well, what do you call it?” Loper asked. “I guess you don’t think Miss Purnell committed perjury either.”
“I didn’t put words in your mouth, sir, so don’t put words in mine,” Carter responded.
When asked for comment after the proceedings, Carter said he didn't want to say anything for fear of being held in contempt of court.
Andre du Gruy, Flowers' other defense attorney, also declined to comment as he exited the courthouse.
The jury that heard the trial was made up of seven white females, three black males and two white males.
