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Election contest nearing end?
Published Friday, July 3, 2009
It won’t be over until the judge says the final word, but the election contest between Pike County District 6 Commissioner Karen Berry and Oren Fannin could end this week.
The trial that will likely be the case’s last will be held at 1 p.m. Thursday in the Pike County Circuit Court.
Evidence was reopened in the trial after Fannin and attorney Joel LeeWilliams filed motion in court asking to bring one final witness to the stand, Berry’s daughter-in-law.
Fannin is contesting Berry’s win by six votes in the Nov. 4, 2008, election.
The case was originally tried in April, but the trial was set to reconvene because three votes still remained in question. They were a family of three county residents who voted absentee in the election for Berry, but were contested to live outside the district.
Due to a medical emergency, none of the voters were present at the original trial to testify to where they live.
But, before the parties returned to court, both Williams and Berry’s attorney Frank Ralph agreed that those voters did not live in District 6.
Judge Joel Holley, who is ruling in the case, then gave attorneys 10 days to make closing arguments in writing before he reached a verdict.
However, Williams soon after requested to reopen evidence in trial.
This came when he, according to the motion filed in the Pike County Circuit Court, spoke with Berry’s daughter-in-law Ashley Berry, who was not present but called to the original trial.
The court file said she told Williams she never received her subpoena to appear in court and would have been present to testify if she had.
“(The) plaintiff’s counsel has recently communicated with (Ashley Berry), wherein she represented that she did not receive her subpoena, although, Brent Berry (Ashley’s husband), in fact testified that she had received her subpoena but could not appear due to a work
conflict,” the motion reads. “The said Ashley Berry has stated that she had no work conflict, did not receive the subpoena and would have been present at the trial had she known.”
And if present, the file said Ashley Berry would have testified to having not voted absentee for Karen Berry in the election, despite an absentee ballot in evidence with her name and signature on it.
Williams said Ashley Berry will be called to testify by him Thursday.
Ralph did not return phone calls for comment.
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Comments
Posted by norrisg (anonymous) on July 4, 2009 at 12:58 a.m. (Suggest removal)
It's a shame that the voters of district 6 didn't know the truth about Mr. Fannin and his integrity. The vote would never had been close enough for this waste of time and money. Voters need to realize the Oren has absolutely nothing else to do with himself but to try to take something else from a lady that probably won fair and square. He has already been somewhat successful in ruining another lady and the Adjutant General of the AL National Guards lives because the Guard kicked him out. Ms Berry and her family needs to watch out!
Posted by Igottahunch (anonymous) on July 4, 2009 at 3:43 a.m. (Suggest removal)
I live in district 6, and at the time of the election I had one of Karen's signs in the front yard. Mr. Fannin came to the door and asked for our vote. He was told we were going to vote for Karen. He turned and walked away. I thought what the heck? Why didn't he try to sell himself, let us know more of what he was going to do to try to make the district better..
As for daughter-in-laws, I think most mother-in-laws will agree that it is sometimes a love/hate relationship. If they get angry with your son, they are angry with you. I would take anything Ashley says with a grain of salt as it could have been an off day when the attorney called her and her way of getting back at Brent.
Instead of wasting all this money on attorneys etc. I personally would have rather had a re-election.
As for the next election, I have a brain damaged cat that only shakes his head back and forth "NO" and would like to throw my kitties name into the ring for nomination!
You all have a safe 4th!!
Posted by uglydog65 (anonymous) on July 4, 2009 at 4:45 a.m. (Suggest removal)
"Ashely Berry would have testified to having not voted absentee for Karen Berry in the election, despite an absentee ballot in evidence with her name and signature on it." Troy Messenger
Any one making false statment to the court should be charged with perjury.
Any one making false statements here should be held liable by the victim.
I don't know anyone involved, but it sure smells.
Posted by norrisg (anonymous) on July 4, 2009 at 6:32 a.m. (Suggest removal)
To uglydog65, I agree with you that anyone making false statements should be held liable. The statements Mr. Fannin made under oath after the National Guard let him go with information supplied by his girlfriend will have to be answered for. This situation has been stinking for way too long.
Posted by elvis2 (anonymous) on July 4, 2009 at 9:20 a.m. (Suggest removal)
Come on , it's only been eight months since the Nov. election . Why rush things as it will shorten the time until the next election .
Posted by Bamabunny (anonymous) on July 4, 2009 at 9:53 a.m. (Suggest removal)
You made me chuckle elvis <s>
I do not know Ms. Berry or Mr. Fannin....and I agree with most that have posted.
Just like Igottahunch...I've said that from the beginning...."have another election". Heck we're only 4 months away from another Election day anyway <s>
Posted by elvis2 (anonymous) on July 4, 2009 at 12:05 p.m. (Suggest removal)
Thanks Bama , we all need to make light of this comedy. The common sense thing to have done was have another election but it seems no one concerned wants to display that fact .
Posted by insideinfo (anonymous) on July 4, 2009 at 12:10 p.m. (Suggest removal)
Once again, I am going to clear up all of this for you. Ashley Berry never signed her ballot. Brent Berry never signed his ballot. The difference in the two is that Brent knew his ballot was signed for him and then later lied under oath. Ashley NEVER knew she had been called as a witness because Brent and Karen Berry received the subpoena and never told Ashley about it. This is not brain surgery people. Karen Berry falsified ballots. Kathy Griffin helped her falsify ballots. The two of them and Brent Berry have all lied under oath. All of them should be in prison. If you haven't read my other post, it clears up a lot of things. It's on the previous article. Norrisg needs to read a book or do something to stimulate activity in the useless lump on top of his/her neck. Karen Berry is not an honorable person in the least and has commited a CRIME. The power of the electoral process and the power which this process affords each citizen is a something that makes this country such an amazing place. Karen Berry has abused that power and treated the Constitution like her own personal plaything. She has taken away a right and priveledge that we should all hold dear. On this, the celebration of our nation's independence, we should remember that this is the very thing which people sacrificed their lives for so many years ago; the right to have a choice. Our ancestors didn't fight so bravely just to allow some power-hungry woman to lie and forge her way into a position. We can not allow this to go unpunished. If we do, we may as well spit on the graves of every soldier that has given his or her life for this great country.
Posted by Listentome (anonymous) on July 4, 2009 at 1:06 p.m. (Suggest removal)
Insideinfo,
You seem to know a lot about the details. I hate to think that Mrs. Berry did what you are claiming. Especially when I fear Oren Fannin being GIVEN the job without another election. How is it that you know so much? I am just curious. It would seem that you are in this yourself. If I am wrongI am sorry. IT just seems that way because you know SOOOO many details.
I am with you on the remembering the ones who sacrificed their lives for our country. We all should take a few moments to think about what you said about the abuse of power and the privileges we have because of these brave men and women. One of those privileges we have is to vote for who WE feel can best represent us.
I hope that we residents in District 6 will have the opportunity for a new election. I am with Bama and Elvis on the fact that we need another election. We do not need this crap to continue.
Everyone have a safe Fourth of July.
Posted by norrisg (anonymous) on July 4, 2009 at 1:27 p.m. (Suggest removal)
To insideinfo, I'm not from Pike county and do not know Karen Berry. You may be right about her, but I do know Oren Fannin and he is less fit than her to hold public office. Seems to me both of them are unfit and are a disgrace to the voters of district 6. I'm currently emailing from Iraq working 7 days a week 12-14 hours a day doing something that could save a soldiers life and effectively elimate the one of a bad guy. Don't talk to me about what this day means. I hope you are a soldier or former soldier and can appreciate what kind of disgrace to the uniform Oren Fannin is. Happy 4th, I'm going to find me a book and try to stimulate this lump on my neck!
Posted by elvis2 (anonymous) on July 4, 2009 at 1:56 p.m. (Suggest removal)
Well said norrisg .
Posted by DirtRoadDweller (anonymous) on July 4, 2009 at 3:20 p.m. (Suggest removal)
I live in district 6 and I hope we get a new election and that Karen Berry is punished if found guilty. That punishment should include removing her from office, barring her from ever running again and forcing her to foot the bill for the new election. We need a good candidate - somone like Bobby Catrette.
Posted by insideinfo (anonymous) on July 4, 2009 at 4:24 p.m. (Suggest removal)
To "Listentome", Yes I know a lot about this case. Yes everything I have said is true. No I will not tell you how I know. I completely agree with having a new election. Any position such as this should be earned fairly through the democratic process. I am not in favor of a new election absolving Karen Berry of all wrong doing. She must pay for her crimes.
To "Norrisg", Oren Fannin is not the one being tried in this case and it certainly has nothing to do with the National Gaurd. If you can't keep up with the conversation then kindly refrain from throwing in your two cents. If you know of crimes Mr. Fannin has commited, I think it best that you either contact the proper authorities or let those involved handle it themselves. This particular story concerns Karen Berry and her attempts to falsify ballots, not Mr. Fannin's involvement with the National Gaurd. Once again, try and keep up with those of us who have at least a third grade education. I am glad that you have time to share your perspectives on this matter. It must be very difficult to manage that given the 12-14 hour a day schedule you are keeping in Iraq. I feel much safer knowing that the time you are spending there is being used so industriously. Must be a lot of coffee breaks since you have had time to post so much on here. Keep up the good work.
Posted by norrisg (anonymous) on July 4, 2009 at 9:32 p.m. (Suggest removal)
To insideinfo, The proper authorities are handling Mr. Fannin's involvement in the National Guard. It's a shame that only Karen Berry's alledged wrong doing is the issue here. By the way, there are 24 hours in a day over here and I don't drink coffee.
Posted by wareaglegal (anonymous) on July 4, 2009 at 10:55 p.m. (Suggest removal)
Thank you insideinfo! I too know you are right. These people must not know Berry and what she is capabe of. You and I do.
Posted by Listentome (anonymous) on July 5, 2009 at 4:13 a.m. (Suggest removal)
I think that norrisg may be thinking the way I am. I do not want one alleged crook replaced by another. I think his point was that yes, this article was about Berry. BUT Oren Fannin really has no right to throw stones.
Oh and insideinfo, it is GUARD not gaurd. Thought at first it was a typo...but after the second time.....
Just trying to help.
Who do we need to call about having another election?
Posted by elvis2 (anonymous) on July 5, 2009 at 9:17 a.m. (Suggest removal)
Why are all of you so upset about this ?? There is nothing you can do about it whether you have inside information or not . Both party's are guilty of what most all politicians do best , tell lies , cheat , go against the publics wishes , and on and on . Either way you look at it their both equally guilty of something and neither deserves being in office . This will be decided in court , someday, and regardless of the outcome the decision won't make everyone happy . Why not enjoy this beautiful weekend and forget politics for a while .
Posted by Bamabunny (anonymous) on July 6, 2009 at 12:16 a.m. (Suggest removal)
Will be very interesting to see how this turns out in court.
Posted by Listentome (anonymous) on July 6, 2009 at 8:38 a.m. (Suggest removal)
Elvis2, you are right. Everyone will not be happy with the outcome. Living in this district, I would like another opportunity to vote on who represents me. And yes, politicians do tend to be the way you described. DirtRoadDweller may have something with this Bobby Catrett. It would be nice to have a nonpolitician type.
Bamabunny, it will be interesting to see what comes out of this. I just hope it ends soon.
Posted by turtle (anonymous) on July 6, 2009 at 2:04 p.m. (Suggest removal)
Didn't this case also reveal that Mr. Fannin had illegal votes as well? If so doesn't that put him in the same position as what he is accusing Mrs. Berry of? Honestly, I personally feel the only fair thing to do for the people of district 6 is to hold another election and let them decide. If not don't worry folks, you'll get to get either one out in three and a half years because I don't see either one ever getting elected for anything after this mess.
Posted by Blue_Sky (anonymous) on July 6, 2009 at 2:33 p.m. (Suggest removal)
The Court will decide the course of action that will be taken for this particular election. May the best man win!
Posted by YEM (anonymous) on July 6, 2009 at 6:02 p.m.
(This comment was removed by the site staff.)
Posted by Bamabunny (anonymous) on July 7, 2009 at 7:08 p.m. (Suggest removal)
Well listentome...it's only a matter of time I guess and we will know what the court is going to do.
Posted by BOOMERSOONER (anonymous) on July 7, 2009 at 9:48 p.m. (Suggest removal)
I will be glad when this is over.
Posted by BadMoonRising (anonymous) on July 10, 2009 at 10:10 p.m. (Suggest removal)
re: norrisg
Oren Fannin served honorably in the Alabama National Guard as unit administrator at the state's ultimate command and was bound by his assignment to officially report the lascivious conduct of Robin Norris, called colonel by some, and state Adjutant General, Mark Bowden. Fannin retired with honors after reaching mandatory retirement guidelines.
The same cannot be said of Norris, whose ineptitude was so blatant that speculation regarding her actual skills was rampant beginning with her commission as an officer. She was involved in numerous relationships outside marriage that under any circumstances would have been frowned upon, but in the military they are against regulations. She was impregnated during her deployment to Saudi Arabia, while married to a man who was not there. Complaints were frequent, but inevitably quashed. As the public affairs officer for the National Guard, she wrote a scathing letter to the editor of the Montgomery Advertiser about their horrible coverage of the Minutemen without having comprehended that the article was about the vigilante border patrol group, not the National Guard, which has assumed the identity of the Minutemen from the American Revolution.
Morale plummeted when the Adjutant General and his chief of staff, Norris, both married to others, were so arrogant as to engage in public displays of their passion for one another. It became offensive to enough people that it finally brought about the dismissal of the Adjutant General.
Norris, on the other hand, turned to the regulations she had held in such disdain and began a shotgun campaign of trying to keep her job and to discredit anyone who dared challenge her career of ineptitude and gross abuse of power. She claimed that others had been caught in similar situations and had not been fired. That was true, to a point, but it does nothing to vindicate her. Her shining intellect was displayed for all when she used that as her defense. Unlike her lover, she was allowed to remain in the National Guard and both can draw a lucrative retirement.
A direct result of the abysmal command of her paramour is that the Alabama National Guard has faced the deactivation of numerous units and major commands in a state that once boasted the largest National Guard in the nation.
The posts by norrisg are retaliation against a man who DID THE RIGHT THING.
Whether the poster is the cuckolded norrisg or, more likely, the coquette Robin Norris, herself, is anyone's guess. If her cuckolded husband is on the front lines holding forth to save the nation and wreak vengeance for his soiled dove's reputation, that is quite a story and certainly merits the commendation, or at least attention, of his superiors. Most people in Alabama would be ashamed to be known as either the wife or the husband, but most people in Alabama wouldn't embrace in adulterous liplock in front of the people who work for them.
Posted by BadMoonRising (anonymous) on July 10, 2009 at 10:50 p.m. (Suggest removal)
about the election case, which should be the topic here, if berry's fraud leads to the revelation that she did not win, the proper remedy is to appoint the opponent, not to have another election. another election is undue punishment of the prevailing candidate.
i think the district attorney should be going to the grand jury with the actions of berry, her son and the notary. this matter does not reach full resolution in a civil proceding. further, contempt and perjury charges should be levelled at the son by this judge for his persistent prevarications.
Posted by Bamabunny (anonymous) on July 10, 2009 at 11:58 p.m. (Suggest removal)
Me too BOOMER
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