Trial Postponement 

On Monday, January 28, 2008 Tyler’s February 4 trial date was postponed.  Judge Lee Howard has not announced a new trial date but said he would meet with attorneys on both sides to set a new date.  The Northeast Mississippi Daily Journal reported that, “Howard had already postponed Edmonds’ Feb. 4 trial out of concern that another murder case- which was to have started Tuesday- might have run longer than a week.”  Further updates will be posted here.

 

Clarifying Supreme Court not hearing confession appeal  

Tyler’s appeal to our nation’s highest court primarily addressed the issue of his confession, the inappropriate denial by law enforcement to allow this child’s mother to be present in the room while he was interrogated and other issues. The United States Supreme Court is requested to hear thousands of appeals and other cases in the course of a year. Many of these cases are rejected out of hand, without further comment. In Tyler’s case, the court did review the submitted briefs, but decided NOT TO HEAR THE CASE. It is extremely important to note that this was NOT A REJECTION ON THE MERITS OF THE APPEAL, but simply a decision not to hear the case. It is unfortunate that our nation’s highest court places so little interest in the life of a 13 year old child from Mississippi. Regardless of this decision, it is clear that the appeal is and was a strong one and the issue is by no means at an end. Neither are numerous other aspects of the huge injustice experienced by this boy at the behest of a very rabid district attorney and a very biased original trial judge.

JPOSBORN: 12/05/07

 

On Monday, December 3, 2007, the U.S. Supreme Court informed Tyler’s attorney Jim Waide that Tyler’s false confession would not be reviewed.  Jim stated on Monday, “We were hopeful because if they had taken it and found it inadmissible, then it wouldn’t have been a retrial in all probability.”  The Supreme Court’s decision is disappointing but the fight for Tyler’s freedom will continue with his second trial on Monday, February 4, 2008.  It will be held at the Oktibbeha County Circuit Court with Judge Lee Howard presiding.  The jury pool will come from Attala County which is approximately 40 miles southwest of Starkville.  Please continue to hold Tyler in your thoughts and prayers.  We also ask for your voice to be heard through letter writing to various media outlets.  Please go to the “How You Can Help” area of the website for a list of newspaper and government contacts.  Two great forums to learn more about advocating for Tyler are

www.kidsincourt.net    www.whoopassforjustice.org

Each site has a forum dedicated to Tyler’s case

Change of Venue of Hearing Update 

On Friday, July 27, 2007, in a pre-trial hearing Oktibbeha County Circuit Judge Lee Howard granted Tyler a change of venue.  Judge Howard stated, “It would be an error and we’d probably be trying this case a third time if a change of venue were not granted.”  Tyler’s attorney, Jim Waide has ten days to submit four change of venue counties.  The prosecution will have the same amount of time to submit its own list.  Jim Waide commented, “We want counties with a high level of education.”  A motion to move Tyler’s case to juvenile court and to suppress the false confession video were also submitted.  Judge Howard has not ruled on these motions yet.

A Message from Tyler 

“Dear Friends,

I wanted to write you and tell you all that I am doing fine and that I appreciate all of your continued support and prayers during this time of transition.  It’s been very hard to adjust to everyday life.  It’s been fun but hard nonetheless.  I am very confident that this is the beginning of the end for this chapter of my life.  I’m so thankful that I have the support of people like you all behind me.  So far, I have been fishing, intertubing, swimming, watching movies, hanging out with my friends, and spending time with my family.  It’s been great to be able to enjoy the simple things in life again and to enjoy the things that we often times take for granted.  Anyway, to all of you who have stood beside me throughout this situation, thank you from the bottom of my heart.  I can only pray to God that the kindness that you all have shown to me can be returned to you all three-fold. 

With Great Faith, Love, and Hope, I am truly yours,   Tyler Edmonds 

Tyler Continuing College Education 

Since Tyler’s release on bond, he has been spending time with friends and family and just generally getting “caught up” on life.  Along with this, Tyler continues on with his college education as he had been before his release.  He continues to pursue a degree in psychology and intends on maintaining his A- grades.  Tyler will be balancing work, school, and spending time with his family and friends.

U.S. Supreme Court Appeal to Throw Out Confession Filed 

Tyler’s attorney Jim Waide has filed an appeal with the U.S. Supreme Court to have the false confession thrown out.  It will be a matter of months before the U.S. Supreme Court decides on whether to look at the appeal.  If the false confession is thrown out, this will be a pivotal moment in Tyler quest for acquittal and freedom.  Updates on the appeal will be posted here as they develop.

Tyler Released on Bond! 

On Friday, May 25, 2007, Judge Lee Howard set Tyler’s bond at $75,000.  He will be home today for the first time in over four years!  Judge Howard also announced that he will not recuse himself from Tyler’s case.  Deepest thanks go out from Tyler and his family to all supporters have helped him get to this crucial point in obtaining a fair trial and ultimate freedom from a crime he did not commit.

VIDEO ON WCBI:     www.wcbi.com    or click once here:  edmondsfreeonbond.rm  (will take a couple of minutes to load)

Tyler Arrives at Oktibbeha County Jail

Tyler arrived at the Oktibbeha County Jail on May 21 in the early evening. He is doing fine and awaits word on whether the D.A. will contest his bond which would lead to a bond hearing on Friday. More details will be posted as the come.

Tyler to Be Transferred Back To Oktibbeha County Early This Week

Sources say Tyler will most likely be transferred from Walnut Grove Youth Correctional Facility early this week (Monday, May 21 or Tuesday, May 22). A bond hearing will more than likely happen on Friday, May 25, 2007. Further updates will be posted here as they come.

Judge Kitchens Recuses Himself from Tyler’s Case

On May 16, 2007, Tyler’s Attorney (Jim Waide) received notice from Judge Jim Kitchens that he would recuse himself from Tyler’s case. His recusal was not solicited by Jim Waide. No stated reason was given by Kitchens despite the three reversible errors detailed in the Mississippi Supreme Court’s reversal ruling. A replacement judge has not been named at this time.

Mississippi Supreme Court Upholds Reversal

On May 10, 2007 the Mississippi Supreme Court Upheld its reversal of Tyler’s Conviction and remanded his case for retrial. The next step for Tyler will be a transfer back to the Oktibbeha County for a bond hearing. We anticipate Tyler to be bonded out and to rejoin his family & friends soon. Updates on this process will be posted as they occur.
*Please see attached Supreme Court Ruling PDF below along with Tyler’s Response to the State’s Motion for Rehearing*
Supreme Court Ruling
Tyler’s Response to the State’s Motion for Rehearing

MAY I (Mississippians for the Awareness of Youth Issues)

Loretta Milican, a West Point, MS resident and mother of four teenagers has created a new organization called “MAY I” standing for “Mississippians for the Awareness of Youth Issues”. The goals of MAY I are to increase public awareness in Mississippi regarding the ability of police to question juveniles without parents present. Loretta feels so strongly about the matter, she is taking the next year off to campaign for this issue in anticipation that HB 727 will be re-introduced in 2008. A large public mail out is currently being conducted with a form letter than can be signed and mailed back. A PDF copy of this letter can be opened below. By completing the form letter and returning it by mail or e-mail (tyleredadmin@hotmail.com), your letter will be photocopied and mailed to all members of the Mississippi House of Representatives and Senators. Please take a few moments to support MAY I and the continuing fight for passage of HB 727.
*Please see attached PDF for MAY I* MAY I Document

House Bill (HB) 727 Dies on House Floor

On Tuesday, January 30, 2007, House Bill (HB) 727 or “Tyler’s Law” was voted down in the Mississippi House by a 64-53 margin. This was the second round of voting on the bill. *Please see attached PDF for HB 727 history* HB 727 History

State Files Motion for Rehearing

On Thursday, February 15, 2007, the State of Mississippi filed a Motion for Rehearing in Tyler Edmonds vs State of Mississippi. This motion will likely delay Tyler’s anticipated bond hearing by 4-6 weeks. Any further developments will be posted as they transpire.

House Bill (HB) 727 Dies on House Floor

On Tuesday, January 30, 2007, House Bill (HB) 727 or “Tyler’s Law” was voted down in the Mississippi House by a 64-53 margin. This was the second round of voting on the bill. *Please see attached PDF for HB 727 history* HB 727 History

House Bill (HB) 727 Passes House & Stalls Amidst Protest

On Tuesday, January, 23, 2007, House Bill (HB) 727 better known as the Juvenile Transfer Act or “Tyler’s Law” passed the House by a 97-19 margin. However, on January 24, the bill was held based on a parliamentary maneuver or technicality. On Thursday, January 27, victims of violent crime and victim’s rights advocates protested HB 727 on the House floor. George Flaggs-D-Vicksburg, who sponsored HB 727 commented “I am emphatically committed to ensuring that this bill addresses the concerns of law enforcement and victims. My only goal is to ensure that the criminal justice system delivers true justice for offenders and victims alike”. Now more than ever, Tyler needs you to support HB 727! Please send an e-mail urging all of them to support HB 727 based on Tyler’s incarceration from giving a false confession without the presence of his Mother and the need for more fair juvenile sentencing laws. Go to the How You Can Help Area and click on 'Mississippi House Roster' link for contact information. *Please see “Tyler’s Law Articles” in Case History Area for newspaper articles PDF’s*

House Bill (HB) 727 Passes Juvenile Justice Committee

On Thursday, January 18, 2007, House Bill (HB) 727 better known as the Juvenile Transfer Act or “Tyler’s Law” passed the House Juvenile Justice Committee after a hearing at the state capitol. Consideration by the entire House is yet to come. The bill is sponsored by George Flaggs-D-Vicksburg. The bill, formerly known as HB 1090, passed the House and killed by the Senate Judiciary B Committee in February, 2006. The hearing included Supreme Court Justice Oliver Diaz, Tyler’s attorney Jim Waide, Attorney Rob McDuff (who was co-counsel during Tyler’s trial), and Psychologist Dr. Criss Lott. All explained why they support HB 727. Jim Waide commented, “Tyler’s Bill changes the juvenile justice laws of Mississippi. Current law provides for mandatory life imprisonment for a murder offense. Tyler’s Bill give the trial judges discretion as to the appropriate sentence for juveniles. Tyler’s Bill also requires law enforcement to allow parents to be present when a juvenile is being questioned.” Rep. Flaggs stated, “What I am trying to do is make certain that juveniles tried as adults under age 17 are treated the same way as adults in terms of when they are interrogated and sentenced.” Tyler’s recently overturned conviction is part of the basis for HB 727. *Click on PDF to View HB 727.
Go to How You Can Help Area to see how you can support HB 727. Please see “Tyler’s Law Articles” in Case History Area for newspaper article PDF’s*

Mississippi Supreme Court Grants Tyler New Trial!!!

On Thursday, January 4, 2007 the Mississippi Supreme Court reversed Tyler’s 2004 murder conviction! Tyler will get a new trial!!! His case will be remanded back to the Oktibbeha County Circuit Court. The Supreme Court stated that Tyler did not receive a constitutionally fair trial based on the unsupported testimony of Dr. Stephen Hayne. Judge Jim Kitchens allowed Hayne to testify that two fingers were used to fire the murder weapon. They stated that his opinion was beyond the scope of his expertise with no scientific support. Further, the court ruled that Judge Jim Kitchens erred by excluding testimony from Danny Edmonds that Kristi Fulgham had asked him to provide a pistol to kill Joey Fulgham. Finally, the high court found Judge Kitchens erred in not allowing video from a 2000 “Montel Williams Show” showing the tumultuous nature of Joey and Kristi Fulgham’s relationship. *Please see “Supreme Court Appeal Articles” in Case History Area for a copy of the Supreme Court Ruling (“Tyler Edmonds Supreme Court Reversal” PDF) and newspaper article PDF’s*

Kristi Fulgham Found Guilty of Capital Murder

On December 8, 2006 Kristi Fulgham was found guilty of capital murder by a Union County, MS jury at the Oktibbeha County Circuit Courthouse. She was found guilty of killing Joey Fulgham. On December 9, 2006, Kristi was sentenced to death by lethal injection. *Please see “Kristi Fulgham Articles” in Case History area for newspaper article PDF’s* 1

Mississippi Supreme Court to Review Tyler’s Appeal

On Thursday, July 20, 2006, the Mississippi Supreme Court agreed by a 7-2 vote to review Tyler’s appeal. This approval is a rare move for a court that denied 69% of the 188 review requests in 2005. The main point in Tyler’s appeal is Judge James Kitchens not allowing a false confessions expert witness to testify on his behalf. The prosecution’s case was built upon Tyler’s confessions. Tyler’s appeal before the Mississippi State Appeals Court noted that the Mississippi Supreme Court has “never explicitly ruled on whether expert testimony about false confessions is admissible.” Tyler’s appeal will provide the state’s court the opportunity to do just that. A recent U.S. Supreme Court ruling in Holmes v South Carolina could provide the basis to throw out the current verdict. *Please see “Supreme Court Appeal” in the Case History Area for a copy of the Holmes Ruling and newspaper article PDF’s*

Tyler Rally in West Point, MS

On Saturday, June 24, 2006, fifty Tyler supporters gathered at Marshall Park in West Point, MS to support Tyler! Banners reading “We Love You Tyler” and “Stop the Injustice” were on display. Speeches were given by Jim Waide (Tyler’s Attorney), Sharon Clay (Mother), and his most ardent supporter, Andrea White. The rally was covered by the Starkville Daily News, Commercial Dispatch, and Columbus TV station WCBI.

Tyler’s friend, Shea Watson, commented to The Starkville Daily News, “I am not a legal genius, but it doesn’t take a genius to realize that Tyler was railroaded- railroaded by Jim Kitchens and the Mississippi justice system. Tyler is my friend, and I know that if I was in this predicament, he would do the same for me. They cannot stop us, we will be here every day until he is free.”

Andrea White stated, “The Tyler Edmonds case has been a tragedy since the day he was arrested. This was Tyler Edmonds, a 13-year-old kid who had never been sent to detention in junior high school. He was coerced into a confession by the authorities. The false confession that Tyler gave was the main meal on the plate for the prosecution, and they didn’t have anything else.” *Please see “Rally Articles” in Case History Area for newspaper article PDF’s*

Tyler Graduates from High School

On Friday, April 7, 2006 Tyler was awarded his high school diploma from the Continental Academy. Tyler is excited about being a high school graduate at 16. Tyler’s achievement highlights his strong work ethic and how he has used his time constructively since being incarcerated. The next step will be taking college courses to obtain an Associate of Arts degree in Psychology from Ashworth College.
*Click on PDF to View Tyler's Diploma

HB 1090 Killed in Mississippi Senate

On Friday, February 24, 2006 the Mississippi Senate Judiciary B Committee chaired by Sen. Gray Tollison,-D-Oxford killed House Bill (HB) 1090. Sen. Tollison said the proposal would “erode a jury’s decision to send an offender to prison.” House Juvenile Justice Committee Chairman George Flaggs, D-Vicksburg called HB 1090’s demise “grossly unfair” to juvenile offenders. He stated, “There should not be life for a child that goes into the system at 13, 14 years old.” WE WILL CONTINUE TO FIGHT! HB 1090 will be pushed and supported in the next Mississippi legislative period. *Please see “HB 1090 Articles” in the Case History Area for a copy of the bill and newspaper article PDF’s*

HB 1090 Passed By Mississippi House

On Tuesday, February 7, 2006 the Mississippi House of Representatives passed House Bill 1090 (HB 1090) in a 74-48 vote. The bill was sponsored by House Juvenile Justice Chairman, George Flaggs, D-Vicksburg. HB 1090 initially nicknamed “Tyler’s Law” by the media was inspired by Tyler’s sentence. If HB 1090 was passed, it would give a circuit court judge the option to consider parole for juveniles given life without parole. Rep. Flaggs stated “This bill gives the judge another option. This is to give the child a second chance . . . Otherwise, he could serve until he’s 65 or 70 without any right to parole.” The next step will be passage by the Mississippi Senate. *Please see “HB 1090 Articles” in the Case History Area for a copy of the bill and newspaper article PDF’s*

Appeal Denied

On Tuesday, January 31, 2006, the Mississippi State Appeals Court rejected Tyler’s appeal in a 6-2 vote and upheld the verdict from the original trial. Four members of the court stated the life sentence “seemed too harsh.” The two dissenters, Judges Leslie King and Donna Barnes said “Edmonds’ conviction should be thrown out and he should be retried.” WE WILL CONTINUE TO FIGHT! A request for review by the Mississippi Supreme Court by Tyler’s Attorney Jim Waide was submitted on Tuesday, May 9, 2006. *Please see "Appeal Articles" in the Case History Area for newspaper article PDF's*