Doyle Beach is fighting to server his prosecution with the Thomleys. Beach is also pushing for a speedy trial, while the Thomley’s have agreed to a November 26th court date. Beach’ motion.
Hope and Randy Thomley asked the court for a continuance of the trial date. After a teleconference with the court, a new trial date was set for November 26th, but that date could change. Doyle Beach wants to sever his prosecution with the Thomley’s and wants to push for a speedy trial. Those documents are in the docket as well.
This indictment came two years and four months after the U.S. Attorneys Office filed a civil forfeiture action effectively freezing tens of millions of dollars in property against the defendants named in the indictment below.
Last October this outlet reported on a state Ethics Commission ruling, Advisory Opinion 17-035-E, which was issued in June 2017 in response to a question about a sheriff elsewhere in Mississippi employing a son-in-law. The ruling did not mention Investigator Nick Calico, who became Sheriff Billy McGee’s son-in-law after he married the Sheriff’s daughter in November 2016, but made it clear that Mississippi ethics laws deemed it a conflict of interest for Calico to continue to work in the Sheriff’s Department for his father-in-law, Billy McGee. Having done so, and continuing to do so, would constitute a past and continued, willful violations of state ethics laws. The matter was made known to the public when Hattiesburg Patriot News Media published an article in September, 2017 covering the matter.
The solution to ethical conflict seemed to be solved on October 5th, 2017, when Circuit Court Bob Helfrich, created by order a “Court Liaison Officer” position for Calico. Nine days later, on October 16th, 2017, the Forrest County Board of Supervisors unanimously approved Calico’s transfer and the migration of his salary from the Sheriff’s Department budget, through the general fund, and to the Circuit Court’s budget. Calico had now transferred from the Executive Branch of government, where criminals are investigated and prosecuted, to the Judicial Branch of government, where evidence is weighed and defendants are entitled to due process and rights to fair trials.
The new Court Liaison Officer position was presented as a win for taxpayers to help Forrest County and Hattiesburg courts comply with new Mississippi Rules of Criminal Procedure that went into effect July 1, 2017. On October 5th, 2017, when Judge Helfrich created the position by order, Forrest County Supervisor Board President David Hogan told the Hattiesburg American
“̒Per conversations I’ve had, I’ve been under the impression it would be Calico, but that is really up to the senior judge and the sheriff to say who gets named to that position. It would be (the supervisors’) job to acknowledge it.’”
The position was indeed filled with Calico, as Hogan had said. If Sheriff Billy McGee played any role, the Sheriff would be in violation under Mississippi Code section 25-4-105. MS Code 24-4-105 part 1 and 2 read:
No public servant shall use his official position to obtain, or attempt to obtain, pecuniary benefit for himself other than that compensation provided for by law, or to obtain, or attempt to obtain, pecuniary benefit for any relative or any business with which he is associated. (Section 25-4-105 (1) Miss. Code of 1972)
No public servant shall be interested, directly or indirectly, during the term for which he shall have been chosen, or within one (1) year after the expiration of such term, in any contract with the state, or any district, county, city or town thereof, authorized by any law passed or order made by any board of which he may be or may have been a member. (Section 25-4-105 (2) Miss. Code of 1972)
Circuit Court Judge Bob Helfrich told the Hattiesburg American,
“The new rules make it incumbent on the senior circuit judge to review bonds for individuals that have been in jail for 90 days,” Helfrich said. “As we operate now, indigent defendants are punished more severely because they sit in jail waiting trial or disposition of their case.”
“̒(Calico’s) got all the contacts he’s gonna need to get information on these individuals to see if we can release them, pending disposition of the case,” he said.
“We need somebody that can look at these individuals’ criminal histories and look at their background and see if they are a danger to the community and this sort of thing. If they are not, they should be out on their own recognizance.’”
When the Forrest County Board of Supervisors approved the immediate change in Calico’s position on October 16th, 2017 the Board also unanimously approved a request from Sheriff Billy McGee, for “Investigator Nick Calico” to attend the 2017 Investigative Solutions Boot Camp Training Course. It seemed the only thing that had changed was Calico’s title and that he purported to not be working for the sheriff’s department.
Forrest County Circuit Court Liaison Officer Nick Calico can be seen parading around in a Forrest County Deputy’s uniform During Hattiesburg’s November 30th, 2017 Christmas parade.
Just a month and a half later, on November 30th, 2017, pictures surfaced of Calico in his Forrest County deputy’s uniform and riding a Forrest County Sheriff’s Department motorcycle in Hattiesburg’s Christmas Parade. At that point questions arose as to whether Calico’s job change was chicanery? Was he still acting investigator as a court officer? Calico’s actions in the parade would constitute yet another violation of the state Ethics Law (25-4-105(e) by Calico and the Sheriff, under Mississippi State Code of 1972), which states unambiguously that no public servant shall,
“(p)erform any service for any compensation for any person or business after termination of his office or employment in relation to any case, decision, proceeding or application with respect to which he was directly concerned or in which he personally participated during the period of his service or employment.”
The next item HPNM discovered was a May 10th, 2018 request for “Investigator Calico” by Sheriff Billy McGee that Calico attend a law enforcement conference. Almost seven months after Calico purported to be an officer of the court, and no longer a member of the Sheriff’s department, Sheriff McGee requested,
“Please have placed on the next Board Meeting Minutes the consideration and approval for Chief Investigator Nick Calico, Deputy Nathan Robertson and Reserve Deputy Nate Mosely to attend the [Mississippi Law Enforcement Officers’ Association (MLEOA) Annual Conference]. The training session will give officers an opportunity to hone basic skills, learn new ones, trade information and observe application of the different motors and equipment being used across the state training areas….”
CLICK TO ENLARGE – Judiciary Officer Nick Calico took on an Executive branch role as when he continued to work for the Forrest County Sheriff’s Department. Calico even issued a June 26th memo dictating policy and procedure on Billy McGee’s official letterhead. The separation of powers between Forrest County’s Judicial Branch and the Executive Branch are blurry.
Four Forrest County Supervisors, David Hogan, Burkett Ross, Roderick Woullard, and Chris Bowen, approved the travel requested by the Sheriff for Mr. Calico. Supervisor Charles Marshall was absent and did not vote on the matter.
While these ethics issues involving a member of the court and sheriff are troubling, even more troubling is a June 26th, 2018, memo obtained exclusively by HPNM in which Calico issued policy directives to officers on Sheriff’s department letterhead. Investigator/Court Liaison Officer Nick Calico directed Sheriff’s deputies in the memo,
“Starting IMMEDIATELY, anytime you arrest someone (other than for a warrant) and book them in jail, you MUST do an incident report on In-Sync. This includes DUI’s Misdemeanor Narcotics and Traffic Offenses. If you have any questions, you can contact Captain Adams or me.”
This memo not only clearly demonstrates a violation of 25-4-105(e) and 25-4-105, as Billy McGee is still Nick Calico’s father-in-law and a conflict of interest still exists, but also raises some very serious issues dealing with the administration of justice in the Forrest County Circuit Court and the Sheriff’s department. Since October 16th, 2016 Calico is an officer of the court, paid by the court. He cannot work in any capacity with the sheriff’s department, let alone dictate policy and procedures to law enforcement officer. These actions on the part of some and inaction on the part of others is a thrust at the very heart of the separation of powers doctrine found in both the Mississippi and United States Constitutions.
Given the documents obtained by HPNM, entire Court liaison Officer arrangement would appear to be directly contrary to the intent of the state legislature in enacting the Ethics Law. Mississippi Code section 25-4-101 spells it out as a declaration of public policy.
“The Legislature declares that elective and public office and employment is a public trust and any effort to realize personal gain through official conduct, other than as provided by law, or as a natural consequence of the employment or position, is a violation of that trust. Therefore, public servants shall endeavor to pursue a course of conduct which will not raise suspicion among the public that they are likely to be engaged in acts that are in violation of this trust and which will not reflect unfavorably upon the state and local governments.”
HPNM sent pictures of Calico’s sheriff’s department memo to Board President David Hogan, who immediately contacted Forrest County Board Attorney, David Miller. Mr. Miller told HPNM he contacted both Judge Helfrich and Sheriff Billy McGee and that corrective action had now been taken. Wasn’t that corrective action supposed to been taken October 16th, 2017?
Judge Helfrich and Court Liaison Officer Nick Calico did not respond to HPNM’s request for comment. Calico has announced that he will be a candidate for Sheriff in the upcoming election. Under MS CODE 25-4-111, the authority to take action for these violations lies with a competent Circuit Court.
At this time, a mug shot from today’s arrest is unavailable . This 2015 mug shot of Nicholson was taken at the Lamar County Detention Center.
The United State’s Attorney’s office and FBI agents arrested Carl Nicholson this afternoon on unknown federal charges. Nicholson was the 3rd party designee on Charles and Linda Bolton’s tax charges, and he is reported to be John Lee’s Accountant. The Boltons are in prison on tax charges. Lee was sentenced yesterday on tax evasion. Nicholson was transported to the Stone County Correctional Facility after his arrest. It is expected Nicholson will be transported to the Federal Courthouse in Hattiesburg for his initial appearance in the coming days.
This isn’t Nicholson’s first run in with the law. In October of 2015, Nicholson was arrested while attempting to bail his son out of the Lamar County on a DUI charge. According to law enforcement records, Nicholson used profanity, was disorderly, and allegedly drunk while he was at the Lamar County Sheriff’s office. Nicholson was arrested and charged with disorderly conduct, public drunkenness, and public profanity. The video of the arrest is below (no recorded audio). The audio being played over the video is Mr. Nicholson calling dispatch from outside the jail, wanting to gain entry. (see video below)
According to LCSO reports, after Nicholson was handcuffed in the front area of the Sheriff’s office, a deputy was assisting Nicholson with entering the rear door of the patrol car to be transported to the jail section. At that time Nicholson fell back into a bush. Nicholson then accused the deputy of pushing him down. Once Nicholson was transported to the jail area, the deputy opened the back door, and Nicholson launched out of the back onto the pavement below and again accused the officer of causing an abrasion on his leg. At that time, he was put in a restraining chair and examined for injuries. According to the LCSO, Nicholson was restrained for several hours for his own protection. One year later Nicholson pleaded guilty to the disorderly conduct charge. and then sued this outlet for publishing the below video. Nicholson lost the lawsuit. HPNM council on that case was William “Bill” Walter.
Hattiesburg Attorney John Lee pleaded guilty to tax evasion. Now, Lee cooperating with U.S. Attorney to bring down others. (Photo – Hattiesburg American. Click photo to read the Hattiesburg American article. )
The September 22nd, 2017 transcripts from Hattiesburg Attorney John Lee’s guilty plea hearing were filed in federal court by federal prosecutors on July 13th, 2018. The guilty plea remained under seal until February, 2018. The transcripts are only available for viewing at the federal courthouse at this time, and the parties have seven (7) calendar days (July 20th) to file with the Court a Notice of Intent to Request Redaction of this transcript.
The transcripts disclose that John Lee evaded income taxes for the years 2012, 2013, and 2014. In 2012 Lee showed no income, when his income was actually $405,235. In that year he evaded $141,832 in taxes.
In 2013, Lee reported a loss of $5,969, when in fact, his income was $159,737. Lee evaded taxes totaling $55,900 in that year.
In 2014, Lee reported a loss of $120.00 when in actuality his income was $286,112. Lee evaded $100,139 in income taxes for that year.
In total, Lee evaded $297,871 in taxes for the period 2012 to 2014. According to the transcript, Lee deducted unlawful expenses, which included payments to his children, a life insurance policy, and other transactions.
The case originated with the U.S. Attorney’s office in the Eastern District of Louisiana under the direction of Assistant U.S. Attorney Fred Harper. Harper prosecuted Charles and Linda Bolton in connection with Bolton having received, deposited, and cashed well over $300,000 in checks from Lee over a five year period. The cashed checks were not declared as income by either the Boltons or Lee. The cashed checks were made payable to the Boltons’ business, but a teller at the Bancorp South Bank downtown Hattiesburg location cashed the checks for Bolton.
Charles Bolton was the Chief Deputy jailer at the Billy McGee Law Enforcement Complex. He was also a member of the Forrest General Board of Trustees. Since his convictions on nine tax related charges, Bolton’s name was removed from the sign at the jail complex, and he was not reappointed to the hospital’s board.
Since the Bolton’s trial, Fred Harper has moved to the Southern District of Mississippi as a Special Assistant U.S. Attorney where he is focusing on public corruption prosecutions.
Harper told the court at Lee’s plea hearing in September, 2017,
“Mr. Lee was aided and assisted in preparation of those returns and those false returns by a certified public accountant in Hattiesburg, Mississippi.”
Judge Starrett asked Lee and his council, John Colette,
“Has anyone–does the plea agreement correctly state the entire agreement made between you and the government?”
John Colette replied,
“It does with one exception, Judge. On page two — or bottom of page one where it says, The government also agrees, will not bring other charges, Southern District, arising from violation as long as he has truthfully informed law enforcement officials of the full and complete details of those crimes prior to his guilty plea in this case.
On the record, because of the timing, that has not been done. So we will be cooperating and proferring tax offences, maybe other offences, but that will occur after the guilty plea.”
According to the transcript, Lee must testify truthfully at any Grand Jury and must make himself available to meet with federal investigators any time they wish. The prosecution is recommending a $250,000 fine, a $100.00 assessment fee, and one year probation in exchange for Lee’s cooperation. Judge Starrett is not bound by that agreement, and can sentence Lee for up to five years in prison.
Starrett told Lee during the September 22nd, 2017,
“You are now a convicted felon.”
Lee will be sentenced on July 17th, 2018 at 1:30 PM.
Councilwomen Deborah Delgado and Mary Dryden along with Councilmen Jeffrey George, and Carter Carroll attend a meeting with a group from Camp Shelby in Council Chambers. The meeting was not published, no minutes were taken, and the press was not notified.
Mississippi has strict Open Meetings Laws which dictate that our public officials conduct business in a transparent matter. And citizens generally want a government that operates at a high level of transparency; however on May 10th, 2018, when four council members gathered in chambers under the direction of the Barker Administration, they met with a group from Camp Shelby and took questions. They did so inside City Council Chambers with four Council persons present. Three or more members present is considered a quorum.
The Mississippi Open Meetings Act opens with Section 25-41-1 Legislative Declarations, and it says,
It being essential to the fundamental philosophy of the American constitutional form of representative government and to the maintenance of a democratic society that public business be performed in an open and public manner, and that citizens be advised of and be aware of the performance of public officials and the deliberations and decisions that go into the making of public policy, it is hereby declared to be the policy of the State of Mississippi that the formation and determination of public policy is public business and shall be conducted at open meetings except as otherwise provided herein.
It is important that elected officials hold themselves to a high standard and comply with both the letter of the law as well as the spirit of the law. When council members meet as a quorum, they indeed have the power to take official action. A quorum exists in Hattiesburg City Government when three or more council members meet in pre-arranged circumstances. While the intentions may not involve votes, according to the Mississippi Open Meetings Act, there are few exceptions to its protection for the citizens. Under Mississippi Code 21-41-3 those exceptions to the law are:
The judiciary, including all jury deliberations; Law enforcement officials; The military; The State Probation and Parole Board; The Workers’ Compensation Commission; Legislative subcommittees and legislative conference committees; The arbitration council established in Section 69-3-19; License revocation, suspension and disciplinary proceedings held by the Mississippi State Board of Dental Examiners; and Hearings and meetings of the Board of Tax Appeals and of the hearing officers and the board of review of the Department of Revenue as provided in Section 27-77-15.
The Open Meeting Act further states,
(1) All official meetings of any public body, unless otherwise provided in this chapter or in the Constitutions of the United States of America or the State of Mississippi, are declared to be public meetings and shall be open to the public at all times unless declared an executive session as provided in Section 25-41-7.
Chance meetings or social gatherings are not subject to Mississippi’s Open meetings laws according to Mississippi Code 25-41-17.
25-41-17 The provisions of this chapter shall not apply to chance meetings or social gatherings of members of a public body.
However, this meeting appears to be anything but a chance meeting, since council members were requested to be present by Mayor Toby Barker a day in advance to speak to a group of students from Camp Shelby. According to a statement from the Barker Administration,
Each council member in attendance introduced him/herself and answered these three questions:
Explain why you wanted to run to be a City Council member?
What do you like about Hattiesburg?
What’s unique about your ward?
Samantha McCain, Mayor Barker’s Press Secretary issued a statement.
Based on an opinion by the Mississippi Ethics Commission in Dick Hall v. Mississippi Transportation Commission “a function attended by a public board, whether informal or impromptu, is a meeting with the meaning of the Act only when there is to occur ‘deliberative stages of the decision-making process that lead to formation and determination of public policy.’”
Based on this opinion, hosting this group did not constitute a “meeting” as defined by Section 25-41-3 (b) of the Mississippi Code, and, therefore, no notice of the informal gathering was required under Section 25-41-13 of the Mississippi Code. However, the perception that this may be a “public meeting” as defined by the statute is taken very seriously, and Mayor Toby Barker states the following:
“Today, one of Hattiesburg’s key economic partners visited our offices to learn more from our city council members, my office and the City of Hattiesburg. There was no malicious intent for not providing notice for the informal forum, but we recognize how it might be perceived. And while the Mississippi Ethics Commission has issued opinions concluding that gatherings such as this do not require public notice, we will always seek to operate with transparency, including giving proper notice on events that do require proper advertising procedures. If anything, our administration uses opportunities like these to grow and become a more credible, citizen-centered organization.”
It’s unclear, without an Ethics Commission Opinion, whether or not this type of meeting, is a violation of the Mississippi Open Meetings Act itself, its spirit, both or neither. The meeting does raise questions about just how accountable our city leaders are willing to hold themselves to process and to the light of transparency. When questioned about the meeting, Councilman Carter Carroll said,
“I was a participant in a leadership, classroom setting.”
Councilman Carroll also stated that he has directed the City Attorney, Randy Pope, to request an opinion with the Mississippi Ethics Commission regarding the matter. That request will be published when it is available.
Last October this outlet reported on a state Ethics Commission ruling, Advisory Opinion 17-035-E, which was issued in June 2017 in response to a question about a sheriff elsewhere in Mississippi employing a son-in-law. The ruling did not mention Investigator Nick Calico, who became Sheriff Billy McGee’s son-in-law after he married the Sheriff’s daughter in November 2016, but made it clear that Mississippi ethics laws deemed it a conflict of interest for Calico to continue to work in the Sheriff’s Department for his father-in-law, Billy McGee. Having done so, and continuing to do so, would constitute a past and continued, willful violations of state ethics laws. The matter was made known to the public when Hattiesburg Patriot News Media published an article in September, 2017 covering the matter.
