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District 6 trial called off
Berry, Fannin trial may see conclusion in coming weeks
Published Wednesday, May 27, 2009
The Pike County Commission District 6 election contest would have likely found conclusion today.
Instead, district residents will have to wait for a final ruling from the judge to determine whether Republican Karen Berry will continue to serve as the commissioner or if Democrat Oren Fannin will take the seat.
Fannin, who lost to Berry in the Nov. 4, 2008, election by six votes, filed suit in December claiming Berry had illegal votes.
Fannin and attorney Joel Lee Williams attempted to prove that claim in the Pike County Circuit Court April 22, but in the absence of three witnesses the trial was set to continue.
Both Williams and Berry’s attorney Frank Ralph agreed later that those votes would be counted against Berry, since it was evident three residents voted for her but did not live in her district.
Judge Joel Holley set a final court date, which would have been today, to present final evidence and make closing arguments. However, neither attorney had more to present.
Holley said he will give both parties around 10 days to submit a closing written statement, and within the next two weeks he should make a ruling in the case.
The parties will not meet again, since Holley said he would file a court order through the Pike County Circuit Clerk’s Office.
Ralph could not be reached for comment, but Williams said he feels his case is strong and will hold up in court.
“We presented persuasive evidence for at least 10 votes, which is actually four more than we needed,” Williams said.
Williams said no one piece of evidence was more persuasive than another, but through testimony and documents he believes he has made an argument that will win Fannin the spot as commissioner.
Of the 10 votes Williams claims were proven illegal, three are from the agreement between parties that three residents voted for Berry but live outside District 6.
Three were presented with several documents, in which Williams said he believes the signatures were forged.
Two other witnesses testified to voting absentee but not having their signatures witnessed in front of a notary. Williams also contested the reasons they voted absentee were not valid.
The last two votes Williams claimed were illegal come from Berry’s own family members, her son Brent Berry and his wife Ashley. Brent testified he and his wife voted absentee for his mother, but they live in Shelby County.
Brent said they consider Berry’s home in Pike County to be their true home, but Williams has contested the validity of those ballots.
In trial, at least three of the witnesses, called by both Ralph and Williams, testified to living outside of District 6 and voting for Fannin.
It is unclear whether the judge will take any of those votes from Fannin’s total.
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Comments
Posted by yatta (anonymous) on May 27, 2009 at 11:30 p.m. (Suggest removal)
May the best crook win!
Posted by kathielee (anonymous) on May 28, 2009 at 5:48 a.m. (Suggest removal)
kick both of them to the curb and lets start over.
I heard that her son and his wife have been seperated for quiet a while now, wonder if that was the case when they voted.
Posted by uglydog65 (anonymous) on May 28, 2009 at 7:47 a.m. (Suggest removal)
I really would like to make a joke out of this, but the right to vote is one of the most precious rights we have. It's is a shame more people do not participate.
You destroy my vote by thievery or trickery---well let's just say there is a lot of garbage on the roads of Pike county that needs to be picked up.
Posted by uglydog65 (anonymous) on May 28, 2009 at 7:54 a.m. (Suggest removal)
Disclaimer: I am not making an accusation, I do not have a horse in that race other than being a citizen of Pike county.
Posted by Bamabunny (anonymous) on May 28, 2009 at 10 a.m. (Suggest removal)
Something in this article does not make sense.....
"......the absence of three witnesses..........".
Witnesses are subpoenaed correct? How can they be "absent"?
All 3 cannot be sick at the same time.
To ignore a subpoena means arrest is what I always thought.
Posted by Bamabunny (anonymous) on May 28, 2009 at 10:10 a.m. (Suggest removal)
I hear you uglydog
The first time I voted after moving here was an experience I will not forget. It was in the courthouse. I went to get my ballot and everyone there was having lunch which included fried chicken from a paper bag.
My ballot was complete with greasy finger prints....and as I was marking my votes at the table.....I realized someone was looking over my shoulder. I turned around and said..."excuse me please." The person just smiled and stood there. Again I said "excuse me but may I have the privacy that I am entitled to have?" The person looked very annoyed but walked away.
Don't the poll workers go through some kind of class or briefing in ethics pertaining to the polls prior to working the polls?
Posted by Bamabunny (anonymous) on May 28, 2009 at 10:10 a.m. (Suggest removal)
Ditto yatta!
Posted by MyMyMy (anonymous) on May 28, 2009 at 12:33 p.m. (Suggest removal)
I hope the Judge will realize that this needs closure and be swift in his results. I'm tired of this.
Posted by uglydog65 (anonymous) on May 28, 2009 at 2:45 p.m. (Suggest removal)
I have unbridled faith that this will be settled to the satisfaction of no one.
Posted by outsider4765 (anonymous) on May 28, 2009 at 2:48 p.m. (Suggest removal)
I am sick & tired of this! What does the so called reporter mean that it is "unclear" as to whether or not the out of district votes for Fannin will count or not? Of course, they won't count, if they count Fannin's they would have to count Berry's! I thought the attorneys were told to be ready today period so why weren't they? I guess the longer the judge drags this out, the more money he makes so he doesn't care. Our judicial system obviously doesn't care what this is costing the taxpayers. If the judge needs help making a decision, I can have it ready for him by morning.
Posted by Bamabunny (anonymous) on May 28, 2009 at 7:45 p.m. (Suggest removal)
Why not hold another election?
Posted by OldSchoolPike3Worker (anonymous) on May 28, 2009 at 9:35 p.m. (Suggest removal)
What's the hurry? Things seem to be going fine with the seat open.
Posted by Bamabunny (anonymous) on May 28, 2009 at 10:02 p.m. (Suggest removal)
Will be interesting to see and hear what the "verdict" will be on this one.
Posted by Listentome (anonymous) on May 29, 2009 at 5:50 a.m. (Suggest removal)
OSPW3, the seat is not open. Karen Berry is acting as commissioner. That will only change if the judge makes a ruling for her to loose the seat.
I am with everyone who said they wanted this to be over. BUT, I do want another election. I have my vote ready to cast......for anyone other than Fannin.
Posted by Bamabunny (anonymous) on May 30, 2009 at 10:52 a.m. (Suggest removal)
I have to say that I have learned more things about candidates running for office from many of you kind people and constituents.
I think too that word of mouth and personal experiences with running candidates at times is better information and more informative than just listening to what they represent which is not always true.
I hate the mud slinging that takes place during a political race.
They need to just say what they want to do for people instead of dredging up things from the past about opponents.
Posted by uglydog65 (anonymous) on May 30, 2009 at 4:43 p.m. (Suggest removal)
Bama I can tell you exactly what they want to do, empty our pockets.
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