In The Dark - S2 E17: Home

Episode Date: December 22, 2019

After almost 23 years, Curtis Flowers is no longer behind bars. For his family, it's a long-awaited reunion. But not everyone in Winona is happy.  Learn about your ad choices: dovetail.prx.org/ad-choices

I'm Madeline Barron. Last time on In the Dark. The state has failed to convince this court that the proof of Mr. Flowers' guilt is evident or the presumption great so as to deny bail. I just will have this caution for the state of Mississippi. If it continues in its dilatory conduct and if it continues to ignore orders issued by the court, the state of Mississippi will reap the whirlwind. We're very pleased with the judge's decision on bail. For the first time in 23 years, Curtis Flowers will be out of prison.

He's very much looking forward to spending time with his family. That is good. Hey, buddy. I'm tired. Good to see you, too. Okay, here they come. Curtis is walking out of jail right now. A few hours after Curtis Flowers was released from jail,

our producer Natalie and I drove over to Curtis's sister Priscilla's house. The family was gathering to welcome Curtis home, and Priscilla had invited us to come over. Hey, how are you? A few people were gathered in the living room and kitchen. Priscilla's husband James was out back frying fish, like he often does when the family holds parties. Priscilla stood in the kitchen and leaned back on the counter.

You look so tired. Are you looking forward to getting some sleep? Oh, yeah. Curtis's father, Archie Flowers, was sitting at a table in the kitchen. What are you up to, Mr. Flowers? You're eating some fish? Yeah. I love fish. You're eating some fish? Yeah.

I love fish. You see me sweating, trying to eat it. James kept coming in with big metal trays full of fish and hush puppies. You have something to eat? I'm good. We are traditionally just eight. Curtis's friend, Terrell James, walked in. So, what's going on here tonight?

Can you describe what's happening? It's a joyous occasion. A number of love and family. That's all I can say. A number of love and family. That's all we want to do. See the family and show their love. All right.

Yes, yes, yes. So how are you feeling? Oh, wonderful, wonderful. Just left work. I've been up there all day just praising the Lord. I couldn't work all day. God is good. God is good.

I feel good, y'all. Did you know Curtis before he went? Yes, yes, yes. Long time friend. This man here raised me. Mr. Flowers raised you? Yes, friend. This man, he raised me. Mr. Flowers raised you? Yes, sir. Hey, look, been around ever since I was like this right here. Little bit of kid. Been around Curtis and him, his wife, whole family. Ever since I was a little bit of boy.

So how did you, how did you hear the news today? I've been following it ever since. We've been sitting at work like this right here watching it. We watched the whole thing at work. We didn't do nothing all day until the verdict was made. Lord have mercy. I told him, I said, at least I can go to work now and finish my job, and then I can go home. I just want to see him and hug him and go home. As long as I can see him, I'm good.

There was a small room just off the kitchen. And in that room, sitting in a chair, smiling, and talking with his family and friends, was Curtis Flowers. He noticed me and Natalie standing in the kitchen next to his father. And he got up and came over. Hi.

Thank you. Oh. Yes. Hi, over. Hi. Thank you. Oh. Oh. Yes. Hi, Mr. Flowers. Hello. I'm doing well. How are you?

I'm doing okay. I didn't know if we were ever going to have this conversation. Yes, I've been looking forward to talking to you guys. And I was looking for you in the crowd when I come out to jail, and Priscilla said, that shit's right there. Yeah. Probably the shortest one in any scenario. I'm like this here, so that shit's right there. Yeah. Probably the shortest one in any scenario.

I'm looking over you. It's really good to actually meet you. You too. Rob asked me to hold on and not talk to anyone right now. Rob is Rob McDuff, Curtis' lawyer. McDuff has told Curtis that he doesn't

want him doing any actual interviews with reporters yet. And we can wait. He said we can call him first. Yeah, let's do that. All right. And also, I can't even imagine, like, you have to be exhausted right now. Yes, I am. Yes, I am. Yes, what up?

You ain't taking a shower? Madeline and what's your name? I'm Natalie. Natalie, okay. Nice to meet you. Yeah, it's nice to meet you guys, and I'm looking forward to talking to you. I really am. Natalie, okay. Nice to meet you. Yeah, it's nice to meet you guys. And I'm looking forward to talking to you. I really am. Yeah.

You guys just don't know how thankful I am for all you've done. I really am. I am looking forward to it. Yeah, same. Yeah. I see you've got one of the shirts on. Yeah, they was passing them out to all the lawyers. And I said, hold on, I want one too.

What does your shirt say? False evidence appearing real. Hashtag free Curtis Flowers. So you're wearing, like, your own shirt. Yes. Okay. Yeah, I changed in the truck on the way back. Oh, you did?

I told Sherita, you better not turn your head. I had to get out of the suit. You more comfortable now? Yes, I'm more comfortable now. Okay. All right. And what are you eating for dinner? Jane fried some fish and some hush puppies.

I've been enjoying this. I've been enjoying this. Trying to get my feel in before Dad eats it up. Oh, really? Yeah. What was it like to see your father today? Oh, it was awesome. It was awesome.

I'm talking about him. Hadn't been five minutes and he already talking about out singing me. Out singing you? Yes. Well, I should tell you, that's basically what he talks about all the time. Yes. When we go over to his house. And I tell him all the time, as long as I'm around, he'll always be second best.

You know what he did when he was small? No. I beat him saying he he go by the church. No, I missed you there because I knew I couldn't get a lounge if I was singing. So you were holding back? I was holding back. To get your allowance. Mm-hmm.

I was too scared to sing. You think he's too scared to sing? Yeah, he gets too scared to sing. You know, we were rehearsing one night and he said, God have mercy. What time you gonna get up tomorrow? I'm gonna get up tomorrow. I'm gonna get up tomorrow. I'm gonna get up tomorrow.

I'm gonna get up tomorrow. I'm gonna get up tomorrow. I'm gonna get up tomorrow. I'm gonna get up tomorrow. I'm gonna get up tomorrow. I'm gonna get too scared. You know, we were rehearsing while he was there. He said, God, I don't know. What time you going to get up tomorrow, Curtis? You need to get some rest. I don't know what time I'm getting up. Say you come over and talk to your mom. I'm not on a schedule now, you know. In the day, I say you have to get up when they say get up.

I don't know. Let me speak for Curtis. Curtis's sister, Sherita Baskin, started to talk. She was looking right at me and Natalie. You all have really made a tremendous mark. Because if it hadn't been for you, I wouldn't tell them where we'd be. And I understand by him not wanting to talk right now, I'm on the way. I know, that's understandable.

But speaking for all the family, if it had not been for you, my God, where would we be? It ain't enough words to express our gratitude for what y'all have done. Because it's been time before you all came into our lives. We was unsure what was going to happen, but we never lost the faith. When y'all stepped in or in the dark, that changed the whole, that said changed the whole ballgame. And we thank you for all that y'all have done, all the research, all the talking, all the interviews, because if it had not been for you, I ain't no telling where he would have been right now. Thank you both.

Well, with reporting, you just sort of never know what's gonna happen. Like all you can do is report the truth and the facts as best you can figure them out and what happens from then you never know. And so it's like, to have it end like this. You know, you just never know, but here we are. Yes.

Go get your house from Rick. Guys, I have to grab some of this fish. One more time. Okay. Thank you so much. Yes, Ms. Natalie. Thank you. Nice meeting you. All right.

Yes, but I'm looking forward to talking to you all. Great. Yes. I'll tell you guys it's going to be real easy to talk to. Okay. Well, we look forward to it. All right. We'll see you sometime.

All right. Okay. There's somebody that took a piece of fish. Oh, my God. Curtis! Come on, let's pray. We're going to say a prayer. Come on, Dad.

Molly, come on. Come on, homie. Put that plate down. Y'all ready? Everyone gathered in a circle in the kitchen, and Curtis' cousin, Kittery Jones, said a prayer. Heavenly Father, we come before you this evening, and we just thank you, and we give you all the praise and all the glory.

We thank you for what has transpired this day. What a lovely Christmas present you have given us. And we thank you for it. We thank you for In the Dark podcast. You've given them all the wisdom and the knowledge to uncover things that they tried to hide. We thank you in advance for all the other things that you are going to do.

And we give you all the praise and all the glory for taking care of these women. In Jesus' name, Amen. Amen. Thank you. That was very nice. Thank you, that was very nice Thank you Thank you all

Y'all definitely have been a blessing to us Okay, we'll see you later Alright, get some rest Alright, y'all take it easy We will, thank you I gotta say, it's a little bit crazy that we're just talking It's like, see you later some rest. All right, y'all take it easy. Drive safe. We will. Thank you. Yeah, all right. I've got to say, it's a little bit crazy

that we're just talking. I don't know. It's like, see you later. It's going to take me a little while to get used to. Oh, okay. But you're going to get used to me fast.

Okay. All right. I'm fun to talk to. I believe you. All right, we'll talk soon. All right, take it easy. Bye. You too. Thank you. So So So So

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So So So So So So So So Over the next few days, we went to talk with some of the family members of the people who were killed at Tardy Furniture. Our reporter Parker stopped by the house of Willie Golden, the brother of Robert Golden, the only black person who was killed at the store. Golden was standing in his kitchen in an undershirt. The TV was on in the background. 23 years we've been hackering and going on about this thing.

Now he's been released, so maybe the people will be happy. One way or the other. You know, I'm done with it. You know, I'm done with it. That's not going to bring my brother back. It's just bringing the memories back of what happened. I'm done with it. You know, I'm done with it. That's not going to bring my brother back. It's just bring the members back or what have you. I'm done with it. So it's fair to say you don't really want to see another tragedy? I'm just done with it.

We also talked with a woman named Mary Catherine Briscoe. She's the mother of Carmen Rigby, another person who was killed at the store. Parker talked to her on her porch. Parker talked to her through another one. Girl, I'm 90 years old. So I just can't get upset about it. My son told me not to even go up there yesterday. Why'd you go anyway? I just had to see what was going on.

I've sat through all the others. What were you hoping for yesterday? Just hoping he'd just stay put so everybody could settle down. I just don't want nobody else to get in trouble. What's that mean? What do you mean by that? I don't want trouble for anyone. I just don't want nobody to get in trouble. You mean somebody who's angry about this?

Yes. Yes. Well, we're really just upset. They just keep bringing it up, bringing it up. My husband always said we wouldn't live to see the end of it. Of course, he didn't.

Then it looks like I won't either. I just want it to be over. Not bring it up anymore. That's the main thing. But I hope you never have to go through nothing like this. Thank you. I hope so, too, and I'm really sorry.

Yeah. One person I'd spent a lot of time talking to back when we were first reporting this story was Benny Rigby. He was married to Carmen Rigby when she was killed at the store. After the bail hearing, Benny Rigby told the local paper, though I know in at times,

that he felt that Doug Evans let the victims down by not appearing in court. He said, quote, I know he's under a lot of stress at the time, but this was his job, what he was elected to do. It wouldn't have taken much time out of his day. The day after Curtis got bail, Parker went to check in with Benny Rigby

to see how he was feeling. She found him at his office, where we've talked to him before. Morning, Mr. Rigby. What do you need? I just wanted to check in with you, see how you're doing today. I'm doing good. Doing good.

I know you slept good last night. How do you say that? You got what you wanted. I'm really hopeful that you'll share your feelings and reactions. I'm not. Let me tell you something. I'm not sharing you'll share your feelings and reactions. I'm not. Let me tell you something. I'm not sharing anything with you. You know, we think a lot about what's happened to you and your family.

I'm really sorry that you've been through all of this. I'm not sure. I have nothing to say. Okay. Except I'd feel like a disgusting person if I were you. Why is that? You just are. I mean, I'm truly curious why you say that.

You're not only a liar, you're disgusting. Why is that, Mr. Rigby? I don't know. I guess that's the way we were raised. No raises. What do you feel like we lied about? What do you feel like we lied about? Let me open this door for you. Don't ever come back. What was that?

I said don't ever come back to my office. Do you want me to say it louder? We weren't surprised by Benny Rigby's anger. At the bail hearing, our podcast was mentioned a lot, and it was clear that it upset some of the white people in the audience, who believe Curtis is guilty. In the days after the hearing, Parker drove around Winona, talking with white people about what had happened at the hearing.

Pretty much everyone had heard the news. Two guys eating plate lunches of meatloaf and lima beans at the Quickway gas station. Boy, I was just shocked that they were going to let him out on bail. I was shocked that they were going to even consider it. I think he was guilty, and I think he's going to go free. A woman in the parking lot of the public library. I think they should just leave the man alone. That's my opinion, honey. That's just my opinion. I mean, he's suffered. His family has suffered.

You know, six of anything should be enough. At the post office, around the corner from Tardy Furniture. Utterly, absolutely ridiculous. Four people were murdered. We know who did it. This whole town knows who did it. This whole town knows who did it. But he's going to get by with it because of liberal people, idiot people. That's what.

And it makes me sick because these were friends of ours. He damn sure did it. What did you think of what the judge said yesterday? A judge? Are you kidding me? A liberal judge? Judge Loeber? Yes ma'am. Very liberal. Yes. Do you think Curtis Lowers is guilty? I don't think so. If he was, they would have had a straight trial. Nothing wrong. But all this stuff they did makes the state look worse than him.

So what do you think of the way the DA handled the case? This is Mississippi. What do you expect? At the Dollar Tree. With what Evan's done, I don't see anything wrong with what he did. I'm going to just be honest about it. The blacks are raising cane because it was a black man on trial, you know. It's just a racist innuendo to cause it, you know, to try to get away with it. And if he does get away with it, get out,

I think that he better not come back to this town if he wants to live. Because there are some people that said if he ever hit this back to this town if he wants to live. Because there are some people that said if he ever hit this town, that would be the end of it. You think he'd be in danger? Oh yeah. So I mean, if he gets out, I can't stop him, but I think he's stupid if he comes back here. If he wants to live, really. Hi, this is David Remnick, and I'm pleased to share the news that I'm Not a Robot, a live-action short film from the New Yorker's Screening Room series, has been shortlisted for the Academy Awards. This thought-provoking film grapples with questions

that we can all relate to about identity and technology and what it means to be human in an increasingly digital world. I encourage you to watch I'm Not a Robot, along with our full slate of documentary and narrative films, at newyorker.com slash video. So we're in Grenada. We're here to try to interview the district attorney, Doug Evans, at his office.

We're not sure if he's there or not, but hopefully he is. And we're just trying to figure out what is going on with this case right now. Two days after Curtis' bail hearing, Natalie and I headed out to find Doug Evans. Evans hadn't shown up for the hearing. He'd sent an assistant prosecutor named Adam Hopper to argue the state's side instead. And Evans' office hadn't submitted anything in

writing before the hearing in response to the defense's written motion asking for bail to be granted. And Evans' office still hasn't responded to other motions filed by the defense in the past months, including a motion to remove Evans as the prosecutor of the case, and a motion asking for the charges to be dismissed entirely. When we tried to call Evans on the day Curtis was granted bail, the secretary answered and took a message. Evans never called us back, and we couldn't leave a voicemail message because the office doesn't have voicemail. Because of all of this, it wasn't at all clear what Doug Evans was thinking. And yet, Evans was still the lead prosecutor in the case, still the person who would decide

whether to try to go forward with another trial, a seventh one, or offer a plea, or agree to having the charges dismissed. I really hope he's here, because I really want to know what he's thinking. Yes. What's going through his head right now.

We parked outside the district attorney's office and went in. Morning. We were stopping by to see if Mr. Evans was here. He's not in. Okay. Do you expect him later? Don't really know. Okay. Is he in court today? No, we don't have court today. Okay. Any guesses as to where would be a good place to find him today, or? I have no idea. He does, I mean, I really, I have no idea. Okay. Well, maybe we'll try back in a little bit and see if he comes in. All right, do that.

All right, well, thank you. All right, uh-huh. Thanks. Have a good rest of your day. We drove around town looking for Doug Evans' truck. So far, no sign of him. Want to try the courthouse? Might as well.

Let's go upstairs. Janitor, ladies' bathroom, election commission. We knocked on a door labeled DA's office. DA's office. Oh, sorry to bug you. I was just wondering, you remember, you were trying to find someone from the DA's office and no one's at their office.

Have you seen anyone today? Not today. Bridget, have you seen anybody from the DA's office? Not today. All right. They don't have an answering machine? No. Really? They do not. They have no voicemail. Wow. All right. They don't have an answering machine? No. Really?

They do not. They have no voicemail. Wow. I know. This is crazy. This is a little odd, right? Yeah, it is. I'm sorry.

All right. Okay. Thank you. You're welcome. Yeah, have a good day. Yeah, you too. Thanks. Where is Doug Evans?

Yes, exactly. That is the question of the week. Where is Doug Evans? Yes, exactly. That is the question of the week. Where is this guy? We headed back to his office, but... Oh, the office is closed. No way. Yeah, it's all dark in there. What?

No lights on. The back door to the back hallway is completely closed. It is 3.24 p.m. on a Wednesday. The office of the top prosecutor in the Fifth Circuit Court of Mississippi is closed at 3.24 on a Wednesday, completely closed, shut down entirely. Doug Evans, it seemed, was nowhere to be found.

The next day, Thursday, around noon, Parker went looking for Doug Evans again. His truck wasn't parked at his office or in front of his house, so she decided to drive by some of his rental properties. Okay, I'm driving around the corner to this house that Doug Evans owns in town in Grenada. There's a couple cats. I see his truck in the driveway. The house is definitely under construction. In the carport, there was some lumber set up on saw horses. There was sawdust all over the ground.

And there was Doug Evans, wearing a plaid shirt and jeans, vacuuming up the sawdust. How you doing? How you doing, sir? Sorry to disturb you. It looks like you're doing some password. I'm sorry you disturbed me, too. I was just hoping to check in with you after Monday. I went to the office. It seemed like you weren't there. I wasn't. You're working on doing some housework, huh?

Yep. Taking a couple days off. Gotcha. Monday I wasn't, though. Monday I was being sworn in. I saw that. I saw a photo of you. It's your eighth term, yeah? Even though your group has done their best to keep me from getting sworn in. I saw that. I saw a photo of you. It's your eighth term, yeah? Even though your group has done their best to keep me from getting sworn in. By lying and spreading crap that's not true. What sort of stuff isn't true? You know what sort of stuff isn't true. The whole thing about the statistics was nothing but a lie.

About the analysis we did on your jury selection? Yes. Doug Evans has claimed several times that our reporting on his office's history of striking black people from juries at nearly four and a half times the rate it struck white people isn't correct. But he's declined to sit down with us

and go over the numbers so he can show us exactly what he means. Our findings have been reviewed and verified by five academics and statisticians, including two who published an article based on our findings in a peer-reviewed journal. What do you have planned next for the case? That's not of your business. We don't try cases in the news. We try them in the courtroom. Even though y'all are trying to help the defense, trying it outside the courtroom and present stuff that is not true and is not evidence. What did you think about Loper's ruling on Monday? That's his ruling. He's the judge. I do my part. He does his.

Did you expect him to rule in that way? I don't ever expect anything. I just do my part, and what the court rules is what the court rules. Parker asked Doug Evans about his decision to skip the bail hearing and send an assistant, Adam Hopper, instead. On the day of the hearing, Evans was at a swearing-in ceremony for local officials. Judge Loper wasn't pleased. And the reason you weren't there was because you had to go to the swearing-in?

The reason I wasn't there is I sent somebody else. I have court in seven counties. I send somebody to everything that's going on. So did Mr. Hopper relay back all that the judge said? He did. The judge had a specific message for you. He sounded sort of unhappy. That's his message.

I had somebody there. And it's not up to the court who I send to court. It's up to me. Because I can't be everywhere at the same time. If we have something in court, I will have somebody there. It'll either be me or one of my assistants. Doug Evans told Parker his office hadn't been ready for the bail hearing. The court and the defense counsel knew that we were asking for more time

so that we could make a decision on this. Because of pressure the defense was putting, I think that's one reason the court went forward with the motion. We weren't ready to go forward with the motion, but he called for the motion, so I sent somebody down there to argue. What did you think when you heard Loper reacting the way he did? He's the judge. He can react any way he wants to. It's worth noting that attorneys on both sides can ask the court to reschedule if they can't make it to a hearing. We checked with Judge Loper's clerk, and he said

Doug Evans hadn't filed anything asking for a different date. And then Parker asked Doug Evans about something we've been hearing for the past few months, that Evans might ask the state attorney general's office to take over the case. The Mississippi attorney general's office is the same office that handled the most recent appeal in Curtis's case. And the AG's office does sometimes take over cases from local DAs, usually in cases where the local DA has some kind of conflict of interest. During oral arguments before the Supreme Court earlier this year, Justice Alito asked the state's attorney why his office hadn't said enough already and taken over the case. But in Mississippi, the AG's office can't just come in.

They have to be invited to take on a case by the local DA. It sounds like you're trying to maybe have someone from the Attorney General's office take over the case. I've discussed it with them. Do you think they're willing to take it? I can't and won't answer that. There's fixing to be a new Attorney General, so at this point it's kind of up in the air. Right now, the Attorney General of Mississippi

is a conservative Democrat named Jim Hood. But in January, a new attorney general will take over, a Republican named Lynn Fitch. She won election last November. So you've asked basically and the request is in for them to take it over? No, I hadn't asked anything. I've made discussions with different people. What do you think you'll base that decision on? Just, I don't know at this point. When I decide, the court will know.

Does it seem like the AG's office is willing to take the case? Oh, they would be willing to, sure. Will you give this case to the AG's office if they don't look like they're going to try it a seventh time? That'll be up to them. if they don't look like they're going to try it a seventh time? That'll be up to them. If they get in it or somebody else gets in it, it will be up to them. And if I keep it, it'll be up to me.

I just want to make sure that if it's done, there's somebody that's confident handling it. Any idea when you'll make the decision? When I make it. I just haven't decided which way to go yet. And until I make that decision, it's still up in the air. I'm ready to go forward or I'm ready to step aside, either one. What Doug Evans just said is a big deal, because having the case taken over by the AG's office would most likely be a good thing for Curtis Flowers. At a news conference after the bail hearing, Curtis's lawyer, Rob McDuff, said he'd be fine with the AG taking over. He said, quote, We asked the current AG, Jim Hood, for comment.

His representative told us that the case wasn't currently theirs, and therefore they couldn't comment. Lynn Fitch, the incoming AG, also didn't comment. Have you talked to the victim's families at all about whether you should stay on or whether they'd like to see the AG's office? No, I haven't. That's my decision. That's your decision. You'll decide without their input. Yes. Do you think that you can stay on the case given, you know, what the U.S. Supreme Court ruled and then even given Loper's rule? I do, and I don't think the U.S. Supreme Court would have ruled that if it hadn't been for the lies in the podcast because the defense put a lot of the podcast stuff into their motion without me being up there to explain that to them.

They lied on a lot of misinformation. Lauper's ruling has nothing to do with the case. He just thought that I should have been there, which I felt like I needed to be somewhere else, and I had someone to be there. His ruling has nothing to do with the case as far as what I heard. He was advised that some of the witnesses may recant. He doesn't know whether they will or not until they're under oath. Sure, but his ruling, did you, have you watched the whole thing or heard the whole thing? I have. So, I mean, it was mostly predicated upon what I think he was calling weaknesses in the case, in the state's case.

That's his opinion based on what the defense is telling him is going on now, not based on what goes on in the courtroom and not based on evidence. So he is basing his opinion on things that he should not at this point. Do you think this case should be tried a seventh time? Certainly, because I have no doubt that he's guilty. There's a lot of evidence that we have never been able to introduce. For instance, the court has said on several occasions when we had 15 people ready to go forward on him wearing Fela Grant Hill tennis shoes after we put the first one on, the judge said, you've already proven that to the jury. It's no sense in putting the others on. We spoke with many of the people who are

identified in the investigative file as having seen Curtis wearing Fila Grant heels, and almost all of them told us that they never said that. Evans also told Parker he had other route witnesses, people who could testify to seeing Curtis walking around town that day. So there's plenty of evidence. There's no doubt that he's guilty of full counts of murder. So you want to see this case tried again? You want to see him sent back to death row? He is guilty and he deserves to be convicted. And then, Doug Evans seemed to lose his patience.

All you want to do is try to stir up something for the defense and try to help them get a convicted murderer out of jail. And that's why the news has no respect anywhere anymore. Y'all's podcast is worse than the news in Washington because y'all's is a motive to intentionally attack the truth, try to make out lies, and try to help the defendants get out of jail. And I am sick of it, and I'm through. I've told you before, I really don't want to talk to you at all, but I'd went ahead and talked to you today. Maybe you'll leave me alone like the witnesses have asked you to leave them alone. I've had witnesses call me crying, saying, please do something to make these people quit harassing them. Because they are harassing me and my family, now my family's even harassing me. We'd never heard any of this before. And Doug Evans didn't elaborate.

Every one of you that's done that should be locked up and charged with intimidating witnesses because it's improper. So I'm going to ask you, like I did at my house, to leave. Okay, just a final question on the topic of justice for the victim. Sir? Okay, thank you. Thank you, Mr. Evans. Appreciate it. So he just turned away from me and started vacuuming up some sawdust on the ground. Turned the vacuum on and went back to work.

Before the bail hearing last week, a lot of people following Curtis' case thought it was up to Doug Evans to decide what happens next. That if Evans opposed bail, bail wouldn't happen. That if Evans opposed having the charges dismissed, the judge wouldn't drop them. But at the bail hearing, something remarkable happened. Something that changed the dynamics of the case. something remarkable happened, something that changed the dynamics of the case. The judge, Judge Loper, the same judge who'd presided over the past two trials and had often sided with the prosecution, seemed to change his mind. He questioned the evidence in the case. He implied that there was no more evidence against Curtis Flowers than there was

against Willie James Hemphill. He even used the Old Testament to scold the state. I just have this caution for the state of Mississippi. If it continues in its dilatory conduct, and if it continues to ignore orders issued by the court, the state of Mississippi will reap the whirlwind. And when Judge Loper made his ruling that day, he sided with Curtis Flowers, not with the state. And for the first time, it seems possible that Judge Loper could side with Curtis again on not with the state. And for the first time, it seems possible that

Judge Loper could side with Curtis again on a much bigger question. The defense has filed a motion asking the judge to dismiss the charges against Curtis entirely, but the judge hasn't ruled on it yet. Doug Evans is also facing pressure from the public. People from Evans' district and from all over the country have been calling Evans' office, complaining about the way he's handled the Flowers case. Doug Evans is also fighting at least one bar complaint related to his conduct in the Flowers case. And Evans is facing a class action lawsuit. In November, the NAACP Legal Defense and Educational Fund and the MacArthur Justice Center filed suit against Doug Evans' office on behalf of four Black plaintiffs. Evans was served papers at his

house a few weeks back. The suit relies on data developed by In the Dark. The plaintiffs allege that Evans is violating their constitutional rights by systematically preventing African Americans from serving on juries. The suit asks the federal judge to issue an injunction to make the DA's office stop. This is Jim Craig from the MacArthur Justice Center. You know, we've known about Mr. Evans and his conduct for a long time, and it's time to say enough is enough.

It's time for him to stop. This fall, an influential local paper, the Greenwood Commonwealth, called on Doug Evans to step aside from the Flowers case. In an editorial, the paper wrote, quote, Evans's role in prosecuting this horrible crime over the past two decades is beyond repair. It said, a fresh set of prosecutorial eyes needs to be asked to examine the evidence and decide whether there is really enough to proceed. Evans has too much pride invested in this case to make that determination objectively.

Despite all of this, it's still not clear exactly what will happen in Curtis's case. In a case that's been tried six times with four convictions and two mistrials and a reversal by the U.S. Supreme Court, no one knows for sure what will happen next. The party that Curtis' sister Priscilla hosted at her house the day Curtis got out of jail went on until late in the night.

We probably left at, what, almost 2 or 3 o'clock that morning. Sit around, talk. That's it. Curtis went to sleep that night at Priscilla's house, instead of in a prison cell. Put him in his own little room. Kingside bed. I rolled over the whole bed. I slept good. I'm glad you did. The next morning, Curtis woke up before the sun rose.

He got dressed in clothes that Priscilla had bought him. He got into a pickup truck with Priscilla, and they headed south. They stopped at a Sonic for breakfast. Priscilla drove to the Jackson Airport. They stopped at a Sonic for breakfast. He got the sausage toaster with the hash brown and the juice. Priscilla drove to the Jackson Airport. She parked and walked in with Curtis and gave him a hug at security. We both said, I love you. We gave some sugar and he went on.

Gave each other a kiss, and he went out. And then Curtis boarded a plane and flew out of the state of Mississippi. We're not going to say exactly where he went because of concerns about his safety. We checked with Judge Loper's clerk, and he told us the judge is aware of Curtis' new location. If it was your family member and the things that's going on in this world today, when you think it would be best for them to go somewhere safer, out of the negativity, when you feel that way. This is Curtis' sister, Sherita.

We're not worried because we believe in God. That shows you after 23 years years we believe in God. Because as we know in our heart, this Curtis is innocent. Some people believe other ways. Everybody got their own opinion. So right now, our family felt that it was best for Curtis

to leave one on. For now, come back on things, not necessarily to die down. Hopefully when the truth go ahead and come out. Pray about it and take it day by day. Wake up praying, go to bed praying, ask God to bring them home safe. Maybe we all have a big Christmas together.

Right here in Winona. We'll see. In the Dark is reported and produced by me, Madeline Barron, senior producer Samara Freemark, producer Natalie Jablonski, associate producer Raymond Tungakar, and reporters Parker Yesko and Will Kraft, with help from John Hernandez and Sabi Robinson. Thanks also to Shelley Langford.

In the Dark is edited by Catherine Winter. Web editors are Dave Mann and Andy Cruz. The editor-in-chief of APM Reports is Chris Worthington. Original music by Gary Meister and Jonny Van Sevens. This episode was mixed by Eric Romani. Hi, this is David Remnick. I'm proud to share the news that three films from the New Yorker documentary series have been shortlisted for the Academy Awards. And they are Incident, Seat 31, Zoe Zephyr, and Eternal Father. Incident, Seat 31, Zoe Zephyr, and Eternal Father.

And they all immerse you in the finest cinematic journalism, exploring themes of justice, identity, and the bonds that shape us. These extraordinary films, which were created by established filmmakers as well as emerging artists, will inform, challenge, and move you. I encourage you to watch them along with our full slate of documentary and narrative films at newyorker.com slash video.