Print this story |
E-mail story |
This story has 33 comments Add your own |
iPod friendly | Bookmark this
What is this?
District 6 trial awaits final verdict
Published Wednesday, July 8, 2009
It could be a family feud. Or it could be election fraud. Either way, the judge in the Pike County Commission District 6 election contest trial between Karen Berry and opponent Oren Fannin should have a verdict within the next two weeks.
Final witnesses were called to testify Wednesday in the case in which Fannin is alleging Berry won the November 2008 election with illegal votes.
Among those witnesses were Berry’s son, Brent Berry, her ex-daughter-in-law Ashley Berry and notary Kathy Lunsford Griffin.
Ashley Berry testified in court she did not vote in the November 2008 election, despite an absentee ballot cast for Karen Berry with Ashley’s signature on it. The absentee affidavit, dated Oct. 6, 2008, also includes Griffin’s signature as notary.
Ashley Berry’s ex-husband Brent Berry testified in the original trial on April 22 and again Wednesday that both he and his wife had voted absentee on Oct. 6 at at Karen Berry’s house. Both Griffin and Karen Berry’s testimonies matched.
But, Ashley Berry said Wednesday she never voted, and that the signature on the ballot was not hers.
Joel Williams, Fanin’s attorney, also submitted documents into evidence containing Ashley Berry’s signature on them, and after she testified those were her signatures, Judge Joel Holley said they appeared to be different from the affidavit she allegedly signed.
“I am not a handwriting expert, but this signature and this one appear to be not the same,” Holley said, pointing to the two different documents.
Berry’s attorney Frank Ralph, attempted to call Ashley Berry’s motive for testifying into question.
“There is an underlying motive for this testimony, and I’m trying to get at it,” Ralph said, after receiving repeated objections from Williams for asking questions related to a divorce between Ashley and Brent Berry. The couple divorced in June.
Brent Berry was called to the stand by Ralph, and he told the court again that he and his ex-wife had voted absentee on the morning of Oct. 6, 2008, at Karen Berry’s residence.
Brent said the absentee ballots would have been filled out between 6:30 and 7 a.m. in order to give the family enough time to bring their three children to school by 8:10 a.m. that morning, since records submitted in court showed the children present in school that day and on time.
The children do not attend school in Pike County.
But, Holley and Williams questioned the validity of his statement, simply because of how long it would take to drive those approximately 120 miles from Pike County to the Birmingham area, where Brent Berry testified he and his family lived although they had maintained their voter registration in Pike County.
During his testimony, Holley asked Brent Berry to sign his name on a piece of paper five times. Holley compared that signature to one that appeared on a recent bond appearance and then compared those to the one on his absentee affidavit.
Brent Berry told the judge his signature may be different on the bond appearance since he was “intoxicated” at the time. But, that wasn’t where Holley saw the difference.
“What you singed today is just like you signed when you were ‘intoxicated,’” Holley said. “Why would what you sign today appear different than on that affidavit?”
Brent Berry also admitted in court to asking Ashley Berry not to attend the trial prior to today.
“I asked her not to come because I did not want to air our situation,” Brent Berry said.
Ashley Berry said Brent Berry went as far as to offer her money not to attend Wednesday’s trial.
Another discrepancy in the timeline was raised in court on Wednesday.
On April 22, Griffin testified to witnessing the two sign ballots between 7 and 7:30 a.m.
But, when called to the stand again and after deliberation with Ralph and Berry, Griffin told the court she was mistaken in that testimony.
Griffin said she recalled sometime between the first trial and Wednesday, though she could not say when, that she had actually notarized the ballots between 6 and 6:20 a.m., so that the couple could get their children to school on time.
“When you testified April 22, it was clear to you that their children were with them … it was clear to you about every other detail, but you couldn’t remember what time it was?” Williams questioned her.
In closing arguments, Williams said he believes he has proven a total of 10 illegal votes were cast for Karen Berry — those of Brent and Ashley Berry; Misty Shelton and Rodger Blair, who testified no notary witnessed their signatures; three stipulated votes; and three others he submitted contesting the signatures did not appear to belong to the voters.
Ralph said he questioned three of Fannin’s votes that came out in trial April 22 that those who voted for him did not live in District 6.
Holley said he will issue an order and hopefully have it done within two weeks.
The total in the election was only a difference of six votes.
The contest was filed in December 2008.
WOULD YOU LIKE TO SHARE THIS STORY?
Comments
Posted by Listentome (anonymous) on July 9, 2009 at 6:31 a.m. (Suggest removal)
Did I miss something? I thought the last article said this was to be held THURSDAY. I wanted to go and listen to the proceedings myself.
Although, it feels kind of like watching a train wreck.
PLEASE let us have another election and move on!
Posted by wareaglegal (anonymous) on July 9, 2009 at 7:29 a.m. (Suggest removal)
Finally!!! The truth is out!! It's ashamed Karen cost her son his marriage, but it's always about her.
Posted by Listentome (anonymous) on July 9, 2009 at 8:01 a.m. (Suggest removal)
Wareaglegal,
Do you really think this cost him his marriage? I have to say that I am surprised by all of this. Maybe I should not be, but I am a bit naive.
By the way, love your screen name.
Posted by boochie (anonymous) on July 9, 2009 at 9:13 a.m. (Suggest removal)
listentome,
The Messenger article did say Thursday. I called to confirm the time so I could be there. The lady in the Circuit Clerk's office said HAHA. The trial had started about forty minutes before I called. I was not happy. I wanted to see Berry squirm!!
Posted by Listentome (anonymous) on July 9, 2009 at 9:29 a.m. (Suggest removal)
Did she say why it was changed? It would be very interesting to know. I planned to go today. This makes me wonder what is going on with the change and why there was no mention of it in the paper.
Posted by wareaglegal (anonymous) on July 9, 2009 at 10:01 a.m. (Suggest removal)
They probably wanted as few people there as possibe, including media
Posted by my2cents (anonymous) on July 9, 2009 at 10:18 a.m. (Suggest removal)
Media? You call this rag media? Now that's funny!
Posted by blissfullygreen (anonymous) on July 9, 2009 at 10:24 a.m. (Suggest removal)
This is so comforting to know that not only were illegal votes cast for Karen Berry, but that she was basically responsible for it. She cheated to get elected and she should be removed from office. I live in her district and did not support her--I never got a "good" feeling when she came by asking for votes. Now I know why. My instincts were right on that she was up to no good.
She needs to resign from this position and do all the constituents a favor NEVER run again. This makes me wonder if she also cheated in the primary election as well. I wish that could be determined.
Both of these buffoons need to be banned from politics and the Governor needs to appoint Adam Drinkwater to this position. He should have been elected in the first place.
Posted by wareaglegal (anonymous) on July 9, 2009 at 10:26 a.m. (Suggest removal)
Maybe someone should check into her paperwork at the board of education. It also could be illegal..
Posted by Listentome (anonymous) on July 9, 2009 at 11:15 a.m. (Suggest removal)
Adam Drinkwater? WHY? Wasn't that election lost by a much higher margin? We have waited for over 6 months for Fannin to prove maybe 10 votes were "illegal". How long would it take to go back and find illegal votes from the primary? We NEED a new election. We do not need anyone appointed.
I am still wondering who changed the date of the hearing and WHY it was changed. A few of us would have liked to have been present.
Posted by sgraning (Stacy Graning) on July 9, 2009 at 12:01 p.m. (Suggest removal)
All: The date of the hearing was not changed. The original story incorrectly listed Thursday instead of Wednesday as the hearing date. -- Stacy Graning.
Posted by insideinfo (anonymous) on July 9, 2009 at 1:17 p.m. (Suggest removal)
It's a beautiful day. The sun is shining. The birds are singing. And incompetent low-lifes are being punished. Watching that trial was one of the single greatest experiences of my life. Frank Ralph didn't even know which way was up. The best part of all happened when Ralph told the judge that they had been trying to contact Brent Berry and weren't able to do so. The judge then instructed Ashley Berry to call him from her phone. Brent picked right up and the judge had Ralph tell him to get to court. Ralph had so much egg on his face it looked he had been in a wrestling match in a chicken house. The judge didn't believe a word from anyone on Karen Berry's side. The lying continued when Brent Berry and Kathy Griffin finally arrived. Brent made the drive from Birmingham to Troy in an astounding hour and fifteen minutes. The judge even asked Ashley Berry if it's possible to make that drive in that amount of time. Ashley responded with "I'd like to know what jet he used to do that." Absolutely priceless. And the when Kathy Griffin changed her testimony about the times.......Comical. It was so obvious they were lying, other lawyers in the courtroom felt somewhat sorry for Ralph. I did too. How do you defend someone that dumb? Well now it's in the hands of the State Voter Fraud Division in Montgomery. On to criminal charges. YAY!
Posted by Listentome (anonymous) on July 9, 2009 at 1:35 p.m. (Suggest removal)
Are criminal charges REALLY being filed? Do you think anything will come of it?
I really wish that I could have been there to try and understand what is going on.
Posted by sevenhawk (anonymous) on July 9, 2009 at 2:17 p.m. (Suggest removal)
Inside you forgot the part where Frank Ralph was questioning documents Ashely Berry signed as a result of the Berry divorce in Birmingham and when she answered he questioned her answer she stated "would you like to see the papers" the judge asked you have them with you?, Ashley answered yes and produced the documents that apparently Frank Ralph didn't even have but was questioning. Can you say a double dose of egg on his face. This should have been shown on television.
Posted by MyMyMy (anonymous) on July 9, 2009 at 3:34 p.m. (Suggest removal)
Priceless. The word that comes to mind after watching the fiasco yesterday. Never has Karen Berry looked more frail and scared. She sat with her tail tucked between her legs all afternoon.
A few of my favorite parts:
Karen and her attorney spent more time outside of the courtroom conversing and discussing than in the courtroom.
Brent Berry drove to Troy in an amazing 1 hour and 20 minutes, without his driver license and without his wallet. I hope one of the several law enforcement officers who were sitting in the courtroom took the time to follow him out of the parking lot and pull him over!
Ashley Berry's testimony was spot-on and she never waivered. She was sure of her answers and very truthful. What a beautiful lady, outside and in, who will tell the truth, even if it means that she may suffer a little. Ashley, I admire your strength of character for doing the right thing.
InsideInfo and Sevenhawk - It was a fun day yesterday, wasn't it! I really enjoyed watching Karen squirm and her attorney turn red when he got bombarded.
Glad this thing is almost over... Now if the Judge will just rule quickly. Should I call and give him the District Attorney's phone number?
Posted by Blue_Sky (anonymous) on July 9, 2009 at 3:42 p.m. (Suggest removal)
Hate I missed the hearing yesterday.
Posted by Listentome (anonymous) on July 9, 2009 at 3:47 p.m. (Suggest removal)
Me too, Blue_Sky.
I guess I should not have relied on the information from the newspaper. I should have called the courthouse for the correct info.
Posted by giturdone (anonymous) on July 9, 2009 at 6:16 p.m. (Suggest removal)
Enough of this fiasco!! The lady beautiful inside and out and truthful, where was her strength and integrity when she could not retain custody of her children. I would question this truth if I were the judge . She is living proof that people will stoop so low in order to get revenge. My children would be my first and foremost priority.
Posted by sevenhawk (anonymous) on July 9, 2009 at 6:25 p.m. (Suggest removal)
Giturdone were you there yesterday? She produced documantation from the courts in Birmingham that showed they had joint custody that means she has not lost custody of her children. Joint custody is awarded in most divorces that involve minor children.
Posted by Bamabunny (anonymous) on July 9, 2009 at 7:39 p.m. (Suggest removal)
MyMyMy....nice reporting!
I'm looking forward to your next post! Please keep us informed of the behind the scenes with your eye witness accounts! Love to hear that someone with a bad rep was "squirming".
I love it!
Posted by insideinfo (anonymous) on July 9, 2009 at 8:24 p.m. (Suggest removal)
As is the case with the internet, even the mentally deficient are allowed to post on here. Gotta love the American way.
Giturdone, judging from your post, you were obviously not at the trial. I'm sure you would have been there if you hadn't had to tackle that pesky "tying your own shoes" problem. I suggest sandals or velcro in the future.
Posted by Bamabunny (anonymous) on July 11, 2009 at 9:13 a.m. (Suggest removal)
For insideinfo....
You always make yourself all too familiar with each alias you use.
Posted by BadMoonRising (anonymous) on July 11, 2009 at 2:15 p.m. (Suggest removal)
it appears those who supported berry are now wanting another election without considering that the election was already held. why should the prevailing candidate and the county have to spend more money to conduct a race that was already held?
fannin would NOT be appointed, as the berryans claim, he would be seated as the winning contestant. how could anyone want drinkwater when he couldn't persuade a majority in the primary to support him? enough of these kids going into office because mommy and daddy have ties to riley.
Posted by BadMoonRising (anonymous) on July 11, 2009 at 2:32 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 Bamabunny (anonymous) on July 12, 2009 at 9:13 a.m. (Suggest removal)
WHOA momma!
Quite a post BadMoonRising....glad I'm just a Bamabunny that chooses to stay close to the hutch! <s>
I guess if one is elected to hold public office....they would be responsible for all their actions....IN "office" and outside of the "office" and in public view...making them accountable for their actions.
I sure hope the judge makes a decision this week.
Posted by encore (anonymous) on July 12, 2009 at 10:27 a.m. (Suggest removal)
Hey badmoonrising....I remember reading this in the Montgomery Advertiser and the Birmingham news (which has a copy of the official report) if anyone is interested. Do a search using Adjutant General (al.news.com) and the report will come up. I also heard she did finally lose her job.
Posted by BadMoonRising (anonymous) on July 12, 2009 at 2:20 p.m. (Suggest removal)
Thank you for reading my post. Norris did lose her full-time job, but remained on drill status a year ago, which was the last time I looked into it. I find it offensive that she did not lose her commission and that someone (claiming to be) in Iraq is using their internet access to attack both the National Guard and those who have served with dignity and honor.
The posts on this site display an extreme level of enmity toward the poster's branch of service and creates a signifcant security risk in the Area of Operations. Gross incompetence and a record of horrid judgment in Montgomery is one thing, but there is no room for it in a job where soldiers' lives are at stake.
Having the audacity to make those posts is yet another example of the inarguable stupidity of this woman. If the posts were made by her husband, wow! that's a long ho to row.
Posted by Whynotnow (anonymous) on July 12, 2009 at 2:40 p.m. (Suggest removal)
Thanks for directing us to this. Anyone have an idea of why the comments were disabled on the most recent articles?
Posted by Bamabunny (anonymous) on July 12, 2009 at 3:23 p.m. (Suggest removal)
Whynotnow....
Probably disabled because someone had something very offensive and obscene to say.
There is one person that uses an alias here and there and can be very irritating and he never knows when to keep his filthy mouth shut. So was probably him and what he said.
Posted by Blue_Sky (anonymous) on July 12, 2009 at 4:57 p.m. (Suggest removal)
BadMoonRising - Thanks for the good read!
Posted by YEM (anonymous) on July 14, 2009 at 11:30 a.m. (Suggest removal)
Karen Berry and that Griffin notary lady as well as Brent Berry are a bunch of white trash, lying losers.
Posted by insideinfo (anonymous) on July 22, 2009 at 3:29 a.m. (Suggest removal)
well it's possible that no one reads this any longer, but i'd still like to vent.
BamaBunny....you may know exactly who i am and you may not. it matters not to me. i don't use my real name and neither do you. i don't use my real name because then people like yourself would call me night and day asking me to help make them less dumb. you don't use your real name because if people knew who you were, you wouldn't be allowed near anything with wheels or buttons.
it may be my fault the comments were disabled on the most recent story, but everything i said was true. guess you can't talk about some people's "extracurricular activities" when it involves same-sex relations. that person should thank the troy messenger for helping keep it under wraps by deleting the comments. why have this forum at all if a free exchange is not going to be allowed? i have done nothing but speak what i know to be the truth. i have never used foul language and have treated each person here with the respect and courtesy each deserves. some of you deserve more than others and some of you should be fixed so you can't spread your idiot gene to future generations. it seems that more and more in this country, the inherintly stupid are finding ways to breed faster than the rest of us. come on college grads and book readers, start with the baby makin.
oh well.....sorry folks for causing the comments to be disabled if it was indeed my doing. the same will probably happen here to this story now. guess it's ok to slander and abuse the name of someone so long as you don't mention anything about their sex life and how it involves people of the same gender. my bad.
so, bamabunny, maybe next time you'll remember that the same right you have to speak ill of me also gives me the freedom to do the same about someone else.....especially when it's the truth.
Posted by my2cents (anonymous) on August 6, 2009 at 8:32 a.m. (Suggest removal)
Okay, now I'm dying to know exactly what or rather who "insiderinfo" was talking about but that's just being south alabama nosey...LOL
Post a comment (Terms of Use Policy)
(Requires free registration.)