Judge grants Mississippi man bail after six trials for same crime ended in mistrials or were overturned.

A Mississippi man whose murder conviction was overturned by the US Supreme Court for racial bias was released from custody on Monday for the first time in 22 years.

Curtis Flowers walked out of the regional jail in the central town of Louisville hours after a judge set his bond at $250,000. A person who wanted to remain anonymous posted $25,000, the 10 percent needed to secure Flowers’s release, said his lawyer Rob McDuff.

“It’s been rough,” Flowers said. “Taking it one day at a time, keeping God first – that’s how I got through it.”

When asked another question, Flowers sighed, smiled and tossed his hands in the air.

“I’m so excited right now, I can’t even think straight,” he said with a laugh.

At the bond hearing earlier on Monday in the city of Winona, Circuit Judge Joseph Loper ordered Flowers to wear an electronic monitor while waiting for the district attorney’s office to decide whether to try him a seventh time or drop the charges. Flowers also must check in once a week with a court clerk, McDuff said. He said lawyers would file papers asking the judge to dismiss the charges.

Flowers was accompanied from the jail on Monday by his lawyers and two sisters, Priscilla Ward and Charita Baskin. The siblings said they were going home to fry some fish for dinner and hang out together.

Six trials

Flowers was convicted four times in connection with a quadruple slaying in the city of Winona in 1996: twice for individual slayings and twice for all four killings. Two other trials involving all four deaths ended in mistrials. Each of the convictions was overturned, but Flowers has remained in jail because the original murder indictment is still active.

Circuit Judge Joseph Loper said it was “troubling” that prosecutors had not responded to a defence motion to drop the charges against Flowers. He said if prosecutors do not respond, “the state will reap the whirlwind” from him.

Assistant District Attorney William Hopper left the courtroom without speaking to news reporters. Earlier, he declined to comment when asked if the district attorney’s office would try Flowers for a seventh time.

Curtis Flowers, (centre), standing with his lawyers, Henderson Hill, (left), and Rob McDuff, at a bail hearing in Winona, Mississippi, US [Rogelio V Solis/AP Photo]

Supporters who were among the more than 150 people packing the wooden pews of the 1970s-era courtroom hugged Flowers after the judge announced his decision. His father, Archie Lee Flowers, choked back tears. He said the first thing he would do when his son was released, was pray.

The elder Flowers said he frequently visited his son in prison, where they sang and prayed together. He said he has always believed in his son’s innocence.

‘Unprecedented’

During his sixth trial in 2010, Flowers was sentenced to death. The US Supreme Court overturned that conviction in June, finding that the lead prosecutor, Doug Evans, had shown an unconstitutional pattern of excluding African-American jurors in the trials of Flowers, who is black.

After the Supreme Court ruling, Flowers was moved off death row at the Mississippi State Penitentiary at Parchman and taken to a regional jail in the central Mississippi town of Louisville.

“This case is unprecedented in the history of the American legal system,” McDuff told the judge during Monday’s hearing. He said Flowers had more than 22 years in prison “without a lawful conviction to justify his incarceration” and had an “exemplary” record of good behaviour in prison.

Hopper had asked the judge to deny bond. He cited several examples of evidence that he said pointed to Flowers’s guilt.

Four people were shot dead on July 16, 1996, in the Tardy Furniture store in the north Mississippi city of Winona. They were owner Bertha Tardy, 59, and three employees: 45-year-old Carmen Rigby, 42-year-old Robert Golden and 16-year-old Derrick “Bobo” Stewart.

Curtis Flowers’ daughter, Crystal Ghoston, (left), and a relative hugging in court after a Mississippi circuit judge ordered bail for Curtis [Rogelio V Solis/AP Photo]

A daughter of Tardy was in court on Monday. She sat across the aisle and one row back from Flowers’s daughter, Crystal Ghoston, who sat in the front row.

Ghoston, 26, told The Associated Press news agency that she had seen her father only once since he was imprisoned: about 10 years ago, and even then she could only talk to him through a reinforced window. She said they wrote letters to each other and spoke on the phone every few weeks, and that he talked about meeting her two-year-old daughter, who calls him “Paw-Paw”.

“We’re so much alike,” Ghoston said. “We laugh all the time on the phone.”

Winona sits near the crossroads of Interstate 55, the large north-south artery in Mississippi, and US Highway 82, which runs east to west. It about a half-hour’s drive from the flatlands of the Mississippi Delta. Among its 4,300 residents, about 48 percent are black and 44 percent are white. Census Bureau figures show that about 30 percent of the population lives in poverty.

In mid-November, four black voters and a branch of the NAACP filed a federal lawsuit asking a judge to permanently order Evans and his assistants to stop using peremptory challenges to remove African-American residents as potential jurors because of their race.

The lawsuit cites an analysis of jury strikes by Evans from 1992 to 2017 by American Public Media’s “In the Dark” podcast. It found Evans’s office used peremptory strikes, which lawyers typically do not have to explain, to remove 50 percent of eligible black jurors, but only 11 percent of eligible white jurors. The analysis was performed as part of a series of episodes questioning Flowers’s conviction in his sixth trial.