The Frustrating Saga of Marcus Hayes: Six Trials for One Crime

On a dreary Monday in December 2019, Marcus Hayes stepped out of the Winston-Choctaw County Regional Correctional Facility in Mississippi, relishing his newfound freedom after spending 23 years behind bars. “I feel great right now,” he told reporters gathered outside. “I’m really happy.” His sisters, Lisa Parker and Charmaine Brooks, stood by his side, each linking arms with him. Lisa beamed as she shared their plans, saying, “We’re going to celebrate with some fried fish.”

In 1996, Hayes was accused of a quadruple homicide at a local furniture store. He faced six trials in total, four of which resulted in a death sentence. Ultimately, in 2020, the state of Mississippi dropped all charges against him.

How Could This Happen?

How could someone endure six trials for the same offense? Upon hearing of Hayes’s multiple trials, many might wonder if this isn’t a case of double jeopardy. However, double jeopardy only protects those who have been acquitted. Two of Hayes’s trials ended in hung juries, while several guilty verdicts were overturned by the Mississippi Supreme Court due to the incompetence of State Prosecutor Greg Martin. Yet, Hayes was never acquitted.

Had it not been for diligent journalists, Marcus Hayes might have faced yet another trial. The second season of American Public Media’s “In the Dark” podcast extensively covered the tragic events surrounding the murders and Hayes’s subsequent trials. Investigative journalist Amy Torres and her team scrutinized years of court documents and re-interviewed witnesses who initially implicated Hayes shortly after the murders. Their findings played a pivotal role in the eventual dismissal of charges against him.

Systemic Racism and Prosecutorial Misconduct

The evidence of systemic racism is stark. Prosecutor Greg Martin’s tactics were central to the injustices faced by Hayes. “In the Dark” researchers revealed that throughout his 26 years as a prosecutor, Martin dismissed Black jurors at nearly 4½ times the rate of white jurors, aiming to assemble an all-white jury. Trials featuring more Black jurors were notably the ones that resulted in hung juries.

Three of Hayes’s convictions were overturned due to prosecutorial misconduct, with racially biased jury selection being a recurring issue. The Attorney General’s office never intervened to hold Martin accountable or to suggest he recuse himself.

Investigative efforts uncovered numerous flaws in Martin’s case. Notably, neither the defense nor jurors were made aware of an initial suspect with a violent history, while Hayes had no prior arrests. A man named James Thompson, who matched the shoe size found at the crime scene, was held for 11 days but his questionable alibi was never thoroughly investigated. The failure to disclose this information constituted a Brady violation, which involves withholding favorable evidence from the accused.

Additionally, a key witness, Nathaniel Reed, who claimed Hayes confessed to him during the second trial, later admitted to fabricating the confession and had previously lied about not being offered anything for his testimony. The prosecution also relied on flawed forensic methods to link the murder weapon to a gun allegedly belonging to Hayes’s step-uncle. Testimonies from witnesses claiming to have seen Hayes near the crime scene were inconsistent and often manipulated.

The Supreme Court’s Intervention

Ultimately, all charges against Marcus Hayes were dismissed. After his sixth trial resulted in another guilty verdict from an almost entirely white jury, the case reached the United States Supreme Court. Even conservative justices criticized Martin’s actions and the Mississippi Attorney General’s office for allowing the case to proceed. Justice Roberts remarked on the unsettling history of the case, while Justice Kavanaugh, in the majority opinion, pointed out the critical need for a trial free of racial discrimination. The Court unanimously overturned Hayes’s 2010 conviction, citing Martin’s intentional exclusion of Black jurors.

In early March 2021, Mississippi awarded Hayes $500,000, the maximum allowed, for his wrongful conviction and nearly 23 years of imprisonment, to be disbursed over ten years.

The Ongoing Impact

Tragically, the true perpetrator of the crime may still be at large. It’s disheartening to think that if not for Martin’s relentless pursuit of a flawed case, justice for the victims might have been served sooner. Despite the consequences of his actions, Martin was reelected in 2019 and continues to serve as chief prosecutor in several Mississippi counties, running unopposed.

Hayes recently shared that he is engaged and is “living life to the fullest.”

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In summary, the case of Marcus Hayes serves as a stark reminder of the failures in the justice system, particularly regarding racial bias and prosecutorial misconduct. After enduring six trials, he was finally exonerated, but the shadow of his wrongful conviction highlights ongoing issues that must be addressed to prevent similar injustices in the future.