The scheduled probable cause hearing for former Calhoun County School Superintendent Mike Moore and former Bruce High Principal Michael Gillespie was continued Thursday and a new prosecutor was appointed in the case.
Kevin Howe
Both Moore and Gillespie appeared in court at the courthouse in Pittsboro for the hearing to determine if the case could go forward with charges against them for not informing proper authorities of alleged sexual misconduct between a teacher and student at BHS.
The hearing never opened, however, as a pre-hearing motion by their attorneys (Jamie Jacks of Cleveland and Robert Hayes of Southaven) to dismiss prosecutor Kevin Howe from the case was upheld by Circuit Judge Kelly Luther.
Mike Moore
The motion argued that Howe cannot serve as both Bruce prosecutor and hold a criminal defense practice in the same county (MS Code 19-23-13). Adam Kirk, Grenada County prosecutor, was appointed to take over the case going forward. No timetable was given as to when a new probable cause hearing may be set.
Judge Luther found evidence was substantial enough to warrant a trial after the first probable cause hearing in May 2017 after Moore and Gillespie were charged by Bruce Police with failure to report unlawful activity on school property in Calhoun County, stemming from the arrest of former teacher Loray Jordan Jr. who allegedly had improper contact with a junior high student and is currently out on bond awaiting trial.
That initial hearing was prosecuted by County Attorney Tina Scott. She recused herself afterwards and Bruce Prosecutor Kevin Howe took over the case. He then decided, after consulting with the district attorney’s office, a different statute was “more applicable” in the case. That statute also contains stiffer penalties of up to one
Michael Gillespie
year in jail and/or $5,000 fine. The change in statute, however, required a new probable cause hearing.
Nearly half a dozen current and former BHS teachers were subpoenaed to testify on behalf of the prosecution in the new hearing Thursday, but never made it into the courtroom due to the continuation.