This afternoon, Hinds County Circuit Judge Tomie Green postponed a hearing on whether to strike down reprieves former Gov. Haley Barbour granted on his final days in office.
On Jan. 12 Green issued a temporary restraining order to stop the more than 200 pardons from moving forward and ordered five former inmates who worked in the governor's mansion to show proof they complied with a constitutional requirement to file public notice of their release.
The purpose of today's hearing was to determine if a permanent restraining order should be ordered but lawyers from Attorney General Jim Hood's office asked for a ten-day extension to review numerous last-minute motions filed by several defendants' attorneys.
Representing Nathan Kern, Anthony McCray, David Gatlin, and Charles Hooker – all former governor's mansion inmate-workers -- attorney Tom Fortner repeatedly tried to have the case thrown out. He argued that the executive orders Barbour signed to grant clemency was tantamount to hearsay if the documents were not adequately authenticated and that Hood should be removed from the suit due to conflict-of-interest. Fortner said an attorney from Hood's office assigned to the Mississippi Department of Corrections advised Barbour's office on how the pardons should be carried out.
Green ruled Fortner's motion to remove Hood was without merit, saying the attorney general has the authority, responsibility, and obligation to the people of Mississippi to make sure the state Constitution is followed.
A fifth former mansion inmate, Joseph Ozment, did not appear in court today. Hood's office said investigators haven't been able to find him.
The hearing will continue on Friday, Jan. 3 at 1 p.m. in the Hinds County Courthouse.
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