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Berry still won't discuss verdict
Published Friday, October 9, 2009
More than a week after being removed from office by a court ruling, former District 6 Pike County Commissioner Karen Berry still hasn’t responded publicly.
Several attempts to call and e-mail Berry, who was ordered to vacate her commission seat on Oct. 1, have been unreturned.
Calls and even a letter delivered to Berry’s attorney Frank Ralph have gone unanswered, as well.
Circuit Judge Joel Holley ruled that 10 illegal votes were cast for Berry in the November 2008 election, and the removal of those votes made Oren Fannin the winner of that election.
Fannin has officially taken office, but it wasn’t without some opposition from Berry’s attorney, who attempted to have Berry remain in office pending a potential appeal.
No appeal has been filed at this time, but several county residents are wondering if one will come.
According to a poll on The Messenger’s Web site, 15 percent of the poll’s voters would like to know the answer.
Another 38 percent said they believe it would be responsible of Berry to voice her side of the story to her former constituents.
After Fannin took office Monday, he said there is a chance Berry could request and even earn a right to keep her commission seat pending an appeal, should she file one.
Fannin’s attorney Joel Lee Williams said that process would require Berry to file a request with Holley. She could also file a request with Holley for a new trial or an appeal with the state Supreme Court, if she does not agree with the verdict.
A notice of appeal would first be filed in the Pike County Circuit Office.
Although Berry was ordered to vacate her office, County Attorney Allen Jones said the votes she has cast since November 2008 will not be impacted.
Since there is legal precedent allowing a person to remain in office pending an election contest, all action taken with her vote would remain unchanged, Jones said.
Further, Jones said the court order did not address that issue, and the commission will simply abide by the terms of the court order.
The court order also did not address commissioner compensation, and it the opinion of Jones that Berry would retain her compensation through Sept. 30 and the compensation for Fannin would commence upon his swearing in date.
The Alabama Examiners of Public Accounts, according to Jones, concurs with that conclusion.
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Comments
Posted by yatta (anonymous) on October 9, 2009 at 10:23 p.m. (Suggest removal)
Karen Berry is a dead subject! There is nothing new to report at this point. I do not like her, but this is riduculous.
I hope that one day the editor of this paper has to face this degree of torture! Good Grief!
Let hear something about CGI, some more about Howard the dog, or maybe some of the stupid zoning rules.
I passed a dead animal on the road the other day that was flatten beyond believe. Guess who I thought about? Karen Berry and The Messenger.
Talk about a run-over rat! UUUUGGGGHH!
Posted by oldhog (anonymous) on October 10, 2009 at 12:26 a.m. (Suggest removal)
The messenger believes as it should that this will put public pressure on the DA to bring charges. You can't blame the messenger for doing it job. If the media didn't jump on stories of public corruption then you would see very liitle prosecution of public corruption. (ex) Watergate would never have been exposed without media persistance. Not comparing this to Watergate just using an example. The messenger will continue to do its job untill the DA does his.
Posted by pop (anonymous) on October 10, 2009 at 6:13 a.m. (Suggest removal)
Berry should be prosecuted for her acts of perjury, fraud that's just to name a few. What is the Pike County Board of Education saying about her actions?
Posted by OldTimer (anonymous) on October 10, 2009 at 7:17 a.m. (Suggest removal)
I agree. How about giving some reasonable time for this to unfold.
It has only been a little over a week since the judge's ruling. I personally don't think she should appeal. If she does, she has
30 days at her discretion to do it(not the Messenger or anyone else's time frame). They may be working out a plea agreement.
If so, that takes time also. If she doesn't make a plea then she
has to indicted by a grand jury. That would take some time .
Give it a rest and let the system work!!! You have district 6 which
has been fractured by all of this. The voters of the disctrict 6 won't get over this anytime soon(no matter what anyone says).
There has been a lot of friction and will continue to be. You have a family with 3 small children whose parents were brought
into court to testify against one another. I wonder what the long
term effect will be on those children. You have people get on
this board saying hateful, and personal things about all of the
above. I agree with the poster that said enough is enough!!! If the posters on this board are an example of the class of Pike County, then we don't have much!!!
Posted by OldTimer (anonymous) on October 10, 2009 at 7:32 a.m. (Suggest removal)
I should have said these boards and not this particular board (at least thus far).
Posted by pop (anonymous) on October 10, 2009 at 8:48 a.m. (Suggest removal)
The last I heard is that Berry's son was divorce. And the ex daughter-in-law was telling the TRUTH. Berry should be ashaned of herself for putting her grandkids parents through this in the first place. She should be held accountable for the lies and criminal acts that she has committed. I agree enough is enough of all of the "POLI-TRICKS" that go on in Pike County.
Posted by Bamabunny (anonymous) on October 10, 2009 at 10:16 a.m. (Suggest removal)
I've read pros and cons about both Mr. Fannin and Ms. Berry....and personally I do not know either of them but only what I have read.
According to the court...District 6 now has it's rightful Commissioner seated and that is the outcome that everyone was waiting for and that was for the Court to decide what was right and what was wrong.
If an ordinary citizen were to commit perjury they would be charged.
Ms. Berry was an elected official because the people trusted her. Those that did vote for her in the last election as well as every other citizen in or out of District 6...have the right to see justice applied to her...and anyone else that allegedly perjured themselves in this case and in court.
I really feel that Ms. Berry should not appeal this Court's decision....because she just may have charges filed against her stemming from this trial.
Why should anyone be above the law?
Posted by WDM (anonymous) on October 10, 2009 at 12:10 p.m. (Suggest removal)
I have just one question, if she had won by say 50 votes would we have ever known what went on?
Posted by Bamabunny (anonymous) on October 10, 2009 at 1:06 p.m. (Suggest removal)
I thought about that myself WDM....
I wonder if there is a number that is perhaps stipulated that if an election comes that close...it's an automatic re count?
Posted by shiftingshadows (anonymous) on October 10, 2009 at 2:18 p.m. (Suggest removal)
the messenger is doing good reporting here... i like it... if you dont like reading about berry then dont click the article
Posted by Bamabunny (anonymous) on October 10, 2009 at 4:26 p.m. (Suggest removal)
That's true shifting....and btw nice to see you. <s>
Posted by troyman (anonymous) on October 10, 2009 at 5:47 p.m. (Suggest removal)
Last evening there 4 police cars at Walmart...anyone know what happened?
Posted by Bamabunny (anonymous) on October 10, 2009 at 9:14 p.m. (Suggest removal)
Probably shoplifting....other than that no idea troyman.
Posted by troyman (anonymous) on October 10, 2009 at 10:50 p.m. (Suggest removal)
Bamabunny - someone else suggested that, too, but 4 cars seems a lot for a shoplifter.
Posted by Bamabunny (anonymous) on October 10, 2009 at 11:39 p.m. (Suggest removal)
LOL depends on what they tried to get out the door with <s> (just kidding)
Posted by BadMoonRising (anonymous) on October 11, 2009 at 12:13 a.m. (Suggest removal)
i find myself in agreement with most of you on this point: there is no new development in silence. i also suspect there is a strong desire to see the criminal aspects of the matter develop to continue the spike in interest the messenger has gotten.
as much as people love to loathe lawyers, none of those quoted here have stated anything beyond factual certainty and i don't think there is any real expectation from most of us that mr. frank will have anything to say outside any filing with the courts.
it seems those with the job of investigating and possibly prosecuting the matter would be barred from comment until a determination is made. even if berry is convicted of a crime, does anyone really want to see her incarcerated? are there any others who are vulnerable to criminal charges? i would guess the notary, but would there be any others? what would be the range of punitive measures?
let me hasten to concede that the penultimate paragraph is purely speculation and conjecture and the intent is solely to raise questions that stand a better chance of being answered than how mrs. berry feels about the matter. i think most of us know that answer without the help of the messenger. perhaps a retreat and respite in buck's pocket is in order. i bet it's beginning to look rather nice up there.
(why do they refuse to enforce restrictions on parking in "handicap spaces" at walmart? that could keep four cars busy a while.)
Posted by simondale88 (anonymous) on October 11, 2009 at 3:11 a.m.
(This comment was removed by the site staff.)
Posted by my2cents (anonymous) on October 12, 2009 at 1:47 a.m. (Suggest removal)
i agree with 'yatta' & 'FoX'. It's time for all of this to be put to rest, period.
Bamabunny, I think there is an automatic recount in any election where one party does not receive a clear 50 or 51% of the votes casts.
Sorry, but 4 police vehicles at Walmart really isn't all that odd, unless they were all parked at the doors. Am I the only one that has noticed the Walmart parking lot is apparently where Troy's finest go to chit-chat with each other?
Posted by Bamabunny (anonymous) on October 12, 2009 at 8:51 a.m. (Suggest removal)
my2cents
That sounds correct to me my2cents. I thought there had to be a line somewhere with ballots.
Not just the parking lot for chatting at Wal-Mart....inside and in the aisles with 2 carts parked next to one another blocking everything.
Where are the "shopping cart police" when you need them???
Posted by troyman (anonymous) on October 12, 2009 at 9:57 p.m. (Suggest removal)
The police cars were in front of the store, with several cops standing inside the doors.
Posted by Bamabunny (anonymous) on October 13, 2009 at 1 a.m. (Suggest removal)
Anyone know anybody that works at Wal_Mart?
Posted by bootboot36035 (anonymous) on October 13, 2009 at 1:53 a.m. (Suggest removal)
could you put this on your opinion page where it belongs on front page your milking this story you have to have sorry reporters
Posted by DirtRoadDweller (anonymous) on October 13, 2009 at 7:11 a.m. (Suggest removal)
Back to fannin vs berry - did Fannin pay his own attorney fees or did he ask the judge to award him his fees as part of the judgment? That would be the norm but there is no mention of that. As for voter fraud - don't just throw darts at the DA - what about the attorney general and more importantly the secretary of state - both of whom have election fraud divisions!
Posted by muledeer (anonymous) on October 13, 2009 at 10:31 a.m. (Suggest removal)
There will be no appeal. This matter is over unless the DA or another authorized agency feels charges need to be filed.
Posted by my2cents (anonymous) on October 15, 2009 at 5:24 a.m. (Suggest removal)
BamaBunny you make me laugh & I appreciate it! Walmart could definitely use some shopping cart police, handicapped parking police & how about we throw in 2 or 3 officers to teach people not to walk down the middle of a parking isle if they don't want to be hit by a car & PLEASE let me be the person to hand out the tickets to all the shoppers who stop dead in the middle of the store isles to carry on a 20 minute conversation with their friend without any regard to the other shoppers who might need or want to pass them! Don't even get me started on the parents of the "wild" children running loose in there!
I feel better, I needed to get all that off my chest. lol
Posted by goldcoinsgain (anonymous) on November 3, 2009 at 1:27 a.m.
(This comment was removed by the site staff.)
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