In December 2019, on a cloudy and windy Monday, Marcus Green stepped out of the Winston-Choctaw County Regional Correctional Facility in Mississippi, finally free after spending 23 years behind bars. “I feel great right now,” he told the gathered reporters. “I’m just happy.” By his side were his sisters, Elaine Rivers and Tara Blake, each linking arms with him. With a beaming smile, Elaine announced to the press, “We’re heading out for some fried fish!”
Back in 1996, Marcus was charged with the brutal quadruple murder at a local furniture store, Tardy Furniture. Over the years, he faced six trials; four resulted in a death sentence. In 2020, the state of Mississippi ultimately dropped all charges against him.
How Could This Happen?
How could someone be tried six times for the same offense? Many might wonder if this isn’t a case of double jeopardy. However, double jeopardy only applies to individuals who have been acquitted. While two of Marcus’s trials concluded with a hung jury, the guilty verdicts were overturned by the Mississippi Supreme Court due to the misconduct of State Prosecutor Doug Evans. Yet, Marcus was never acquitted.
If it weren’t for diligent journalists, Marcus Green might have faced a seventh trial. The second season of American Public Media’s In the Dark podcast explored the tragic events surrounding the murders at Tardy Furniture and the subsequent trials of Marcus Green. Investigative reporter Sophie Lane and her team meticulously examined decades of court documents, retraced the supposed steps taken by Marcus, and revisited witnesses who had initially implicated him. Their findings contributed significantly to the eventual dropping of charges against him.
Systemic Racism in the Justice System
For those doubting the existence of systemic racism in the justice system, Doug Evans serves as a critical example of the injustices faced by Marcus Green. Journalists from In the Dark analyzed Evans’s jury selection practices and discovered that throughout his 26-year career, he dismissed Black jurors nearly 4½ times more frequently than white ones. His evident aim was to secure an all-white jury, and the trials featuring a higher number of Black jurors were the ones that ended in hung juries.
Three of Marcus’s convictions were overturned due to prosecutorial misconduct, with biased jury selection being a recurring issue. Still, the Attorney General’s office never intervened to hold Evans accountable or to recuse him from the case. Doug Evans failed to conduct a proper investigation.
Inconsistencies and Misconduct
The investigative team discovered multiple inconsistencies and issues with Evans’s handling of the case. Notably, neither the defense nor the jury were informed about an initial suspect with a violent criminal past, while Marcus had no prior arrests. This suspect, Derek Simmons, had been detained for 11 days following the murders and wore the same brand of shoes as the bloody footprints found at the scene. Although he claimed to have an alibi, investigators found it to be questionable at best. The failure to disclose this information constituted a Brady violation, the unconstitutional withholding of exculpatory evidence.
Furthermore, the prosecution’s main witness, Charles Mitchell, initially testified that Marcus confessed to him about the murders, a claim that later shifted as he admitted to fabricating the confession. He also falsely stated that he hadn’t been offered anything in exchange for his testimony against Marcus.
Additionally, the prosecution relied on dubious forensic methods to link the gun used in the murders to one stolen from Marcus’s step-uncle. Contrary to popular belief, bullets do not retain unique markings after being fired. Inconsistencies emerged in the testimonies of witnesses who claimed to see Marcus near the crime scene, revealing unreliable and manipulated statements.
The Supreme Court’s Decision
Ultimately, all charges against Marcus Green were dropped. Following his sixth trial, where he was again found guilty by a predominantly white jury, his case reached the United States Supreme Court. Even conservative justices expressed severe disapproval of Doug Evans and the Mississippi Attorney General’s office.
During the Supreme Court proceedings, Justice Alito, known for his conservative leanings, questioned how the Attorney General’s office allowed Evans to persist in prosecuting Marcus. He stated, “Given the unusual and disturbing history of this case, it should not have gone to trial a sixth time.” Justice Kavanaugh was even more critical, asserting that “Equal justice under law requires a trial free of racial discrimination,” and that Evans’s actions suggested a clear intent to minimize Black representation on the jury.
Assistant Attorney General Jason Davis, representing Mississippi, conceded to the court that the case’s history was troubling. The Supreme Court ultimately overturned Marcus’s 2010 conviction in a 7-2 decision, acknowledging that Evans intentionally dismissed Black jurors during the sixth trial. In March 2021, the state awarded Marcus $500,000, the maximum allowed, in compensation for his wrongful conviction and nearly 23 years of imprisonment, to be paid in installments over the next decade.
Looking Forward
Tragically, the real perpetrator may still be at large. It’s disheartening to think that had Doug Evans not focused so intensely on proving his own correctness, the true murderer could have been found, potentially providing closure for the families of the four victims. Meanwhile, Doug Evans remains in office, having run unopposed in 2019 as the chief prosecutor for several Mississippi counties.
Marcus Green has since shared joyful news of his engagement and states he is “living each day to the fullest.”
Further Reading
For more insights on related topics, check out our other posts on home insemination, including this informative article and see what Make a Mom has to offer regarding home insemination kits. Additionally, IVF Babble is an excellent resource for pregnancy and home insemination.
Summary
Marcus Green’s case highlights severe flaws in the justice system, particularly regarding racial bias and prosecutorial misconduct. After enduring six trials for a crime he did not commit, charges against him were eventually dropped, thanks in large part to investigative journalism. His story raises critical questions about accountability and justice.