Election contest finds new evidence

By Holli Keaton (Contact) | Troy Messenger

Published Tuesday, June 16, 2009

The Pike County Commission District 6 election contest will go back to the courtroom after a motion was filed Monday to reopen evidence in the trial.

Even though both sides had been awaiting a judge’s final ruling in the case, plaintiff Oren Fannin filed a motion to call one final witness to the stand – Karen Berry’s daughter-in-law. Fannin is contesting District 6 Commissioner Karen Berry’s win in the Nov. 4, 2008, general election.

Ashley Berry originally was subpoenaed by Fannin’s attorney Joel Lee Williams, but did not appear in court. Her husband and Karen Berry’s son Brent Berry, who testified in trial, said she did not attend the trial because she had a work conflict.

But, according to documents filed Monday Ashley Berry told Williams that is not the case.

“(The) plaintiff’s counsel has recently communicated with (Ashley Berry), wherein she represented that she did not receive her subpoena, although, Brent Berry, another witness at these proceedings, in fact testified that she had received her subpoena but could not appear due to a work conflict,” the motion filed in the Pike County Circuit Court reads. “The said Ashley Berry has stated that she had no work conflict, did not receive the subpoena and would have been present at trial had she known.”

The file further states Ashley Berry told Williams that she did not mark any absentee ballot and did not vote in the election period. However, an absentee ballot was shown in court with her signature and the vote was shown as being cast for Karen Berry.

In addition, Karen Berry’s notary, Kathy Lunsford Griffin, testified to having witnessed Ashley Berry sign her absentee ballot affidavit and to notarizing her signature on the ballot.

“It further impeaches the credibility of Kathy Lunsford Griffin…who notarized many of the affidavits of absentee voters,” the motion read.

Retired Judge Joel Holley, of Lannet, has set a hearing for 1:30 p.m. June 24 to allow for final evidence and argument.

Holley said he is unsure whether he will make a ruling at this hearing but did advise in a court order for all witnesses and counsel to be present.

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