Appointments For The City Of Aberdeen

From Thursday, May 8’s Board Meeting

Roll Call Votes:

• City Clerk Jackie Benson

Sykes Yes

Garth No

Ewing Yes

Nichols Yes 

Allen Yes

 

• City Attorney Tim Erving

Sykes No

Garth No

Ewing Yes

Nichols Yes

Allen Yes

 

• Public Defender Tom Brahan

Sykes No

Garth No

Ewing Yes

Nichols Yes

Allen Yes

 

• City Judge Adrian Haynes

Sykes Yes

Garth Yes

Ewing Yes

Nichols No

Allen No

 

• Vice Mayor Garth

Sykes Yes

Garth Yes

Ewing No

Nichols No

Allen No

• Vice Mayor Sykes

Sykes Yes
Garth Yes 
Ewing Yes
Nichols Yes
Allen No

 

 

 

Special election to be called in Aberdeen’s Ward 2

ABERDEEN — After hearing two days of testimony, Judge Henry Lackey ruled that a special election will be called for in Ward 2. The court will be petition Gov. Haley Barbour for the special election, which was decided in a tribunal of lackey and Aberdeen Election Commissioners Betty Jackson and Barbara Vassar.

“I realize after hearing the testimonies that we need to educate our youngsters that voting is not a right, it’s a freedom,” Lackey stated. “Proof shows that absentee ballots were cast by people that weren’t qualified and three of those voters voted again on election day and some of the voters voted in the wrong ward. This was not a question of fraud, but whether or not the true will of the people was expressed. Myself and the election commissioners were not convinced that the will of the people was determined.”

In the case of Cloyd Garth vs. Wilchie Clay and The Aberdeen Democratic Executive Committee, Garth, through his attorney, Gary Goodwin, had asked the court to rule that he be declared the outright winner of the Ward 2 Alderman race. Garth defeated Clay by one vote before the ADEC found three voters that had voted twice in Ward 2.

“We think that the thing for the court to do is to let this election stand with Mr. Garth as the winner,” Goodwin said. “People get the kind of government they want. My client has done nothing wrong and he should be the winner f this election.”

Lackey also ruled that the city’s charter states that Garth will remain active alderman until the results of the special election are determined.

Jim Waide and Kirk Tharp, attorneys for Clay and the ADEC, respectively, attempted to prove that not only illegal votes had been cast, but fraudulent ones, as well.

“We ask that the courts throw out all of the absentee votes and declare the poll winner, Wilchie Clay,” Waide said. “We feel that there were many illegal absentee votes cast and we feel that Mr. Garth directly influenced the three voters who voted twice.”

Garth, who testified under oath, declared his innocence through out the hearing.

“Although this is not the outcome that we wanted to see, it will at least allow for another election instead of declaring my opponent the winner,’ Garth said as he exited the courtroom Thursday.

 

Voter Hearing Update 12 P.M. 5/08/08

In the morning session of Garth vs. Wilchie Clay and the Aberdeen Democratic Executive Committee, testimony was heard from more individuals that voted absentee, as subpoenaed by attorneys for the defenese, Jim Waide and Kirk Tharp.

Ward 2 Alderman Cloyd Garth also took the stand Thursday morning. Garth stated that he gave no instructions to his drivers regarding absentee voters. He also acknowledged that Tony Walker did use his van for hauling voters. He denied any knowledge of wrong doings or payofffs.

In testimony yesterday, city clerk Jackie Bensons stated that Garth, “told me to back my bags — that I was out of here.”

Garth stated this morning that it was within his right as alderman to so do. His attorney, Gary Goodwin, also accused Benson and the committee of holding clandestine meetings.

Garth also stated that he does not provide his campaign workers with any guides concerning how they are to conduct themselves regarding voters on his behalf.

Testimony was also heard from Walker. He stated that he personally asked Garth for the use of his van and that “it was not his responsibility to tell people how to vote an absentee ballot.”

Afternoon session begins at 1:15 p.m.

 

Court Update Wednesday, May 7

Testimony begins in election hearing JEFF CLARK Monroe Journal ABERDEEN — Testimony got under way Wednesday in the case of Cloyd Garth versus Wilchie Clay and the Aberdeen Democratic Executive Committee (ADEC). Judge Henry Lackey presided over the hearing. Garth filed a petition for judicial review of election contest last week after his opponent, Wilchie Clay, was declared winner of the Ward 2 Alderman election. A $300 bond needed for the petition was secured by Garth and Ward 1 Alderman Alonzo Sykes.

In the April 22 Ward 2 runoff, Garth defeated Clay by a total of one vote. After an inquiry was held by the ADEC, three voters were found to have cast votes twice, both in absentee form and at the polls.

“We believe with overwhelming evidence that Mr. Garth influenced those votes and that the three voters cast fraudulently cast absentee votes,” Jim Waide, Clay’s attorney, said. “These people voted twice and they were Garth voters. The Aberdeen Democratic Executive Committee did a thorough investigation into this matter.”

Kirk Tharp, ADEC attorney concurred with Waide. “I felt the committee, my client, did the right thing by throwing these votes out,” he said.

According to Garth’s attorney Gary Goodwin, the poll workers and the ADEC should be held responsible for the discrepancies,

“We feel that the poll workers failed to do their jobs,” Goodwin said. “We have three votes that should be counted. There was no fraud on behalf of my client.”

Goddwin’s first witness of the day was ADEC Chairman Coy Flynn. Flynn stated that he felt that the committee acted properly and responsibly in reaching their decision and that he had received a number of complaints about the primary election held April 1. According to Flynn, then-mayor Cecil Belle was one of the complainants.

During his testimony, Flynn said the committee investigated the runoff because of the number of absentee votes cast in the ward.

“Wilchie Clay won the poll vote 234 to 209,” Flynn said. “However, Garth had 55 absentee votes to Clay’s 29. This gave Garth a one vote advantage. There was no motive by the committee to favor one candidate over another. We only wanted to fully represent the will of the people.”

Goodwin next called city clerk Jackie Benson to the stand. According to Benson’s testimony, the ADEC was one day late in officially certifying Clay as the winner.

Benson was also questioned on the validity of the absentee ballots cast by Clayton Gates, Ryan Love and Robert Wilson. Benson said Gates checked he would be out of town on election day, Love didn’t check anything and Wislon checked that he was permanently or temporarily disabled on his absentee application.

During Gates testimony, he stated he is a resident of 503 Burnett St. in Ward 2. He also said that he was driven to vote absentee by Theresa Straughter and that he voted absentee because he was planning to be on a vacation in Florida during the runoff. He also said numerous times that he thought he was voting in the “election” when he voted absentee on Saturday, April 12 and he was voting in the “runoff” the second time he voted. When asked if he talked to Garth, he stated, “Only when I’m in trouble. He also testified that had voted for Wilchie Clay.

According to Ryan Love’s testimony, he is a voter of Ward 1 and he should have never been allowed to vote in Ward 2. Love is listed on the Ward 2 voter roll at 605 Burnett St. He stated under oath that he lives at 605 Bennett St.

Love also stated many times that he voted absentee on Saturday, April 12 and then three days later on April 15 at the Ward 2 precinct. Although the election was held on April 22, Love was adamant about the date he allegedly voted.

The last person to testify Wenesday was Wilson. Wilson said that he “lived in the ward were Wilchie Clay had been his long term alderman” and that he “didn’t remember voting at the polls on April 22.”

 

 

White arrested on molestation charges

From Sheriff Andy Hood:

The Monroe County Sheriff’s Department has arrested 31yoa Joey White from Calvary Church Rd in Amory.   White is accused of Molesting a 16yoa female March 22nd at a residence on Hwy 25 just outside of Amory.  Bond was set by Judge Robert Fowlkes in the amount of $25,000. 

 

Joey White        50051 Calvary Church Rd        Amory, Ms.         31yoa        Charge: 1 count of Molestation          Bond set at : $25,000

 

30 to be subpoenaed

After a continuance was given by Judge Henry Lackey today, subpoenas were issued for 30 people. They will appear in court on Wednesday.

More Info:

Jim Waide is representing Wilchie Clay

Kirk Tharp is representing the Aberdeen Democratic Executive Committee

Gary Goodwin is representing Cloyd Garth

See tomorrow’s Daily Journal for more information.

 

Ward 2 Story From Daily Journal

 

ABERDEEN - The Aberdeen Executive Democratic Committee has reversed its earlier decision for a new election and named Wilchie Clay the Ward 2 alderman.

The move came less than a week after the committee called for another runoff in Ward 2 due to possible voter fraud.

“From this examination of all relevant evidence, it is the finding of the committee that three illegal absentee votes were cast for Cloyd Garth and therefore, Wilchie Clay is declared winner of the second primary as alderman of Ward 2, city of Aberdeen, Mississippi, by a vote of 263 to 261 …” said committee chairman Coy Flynn.

The controversy started on April 22 when Garth, the incumbent, defeated Clay by one vote in the runoff election. After recounting the votes the following day, the committee found three residents voted twice in Ward 2. All three voters, as well as three more individuals, were subpoenaed for questioning on Friday. After hearing the testimony, the committee sent a request for a new election date to a city judge.

Before a judge could set a date, the committee reversed the decision.

“I think this is totally unjust,” said Garth. “They (executive committee) had no grounds to stand upon. I talked to an attorney in Washington, D.C., and he said they have no grounds to do what they did and that it is totally illegal. They told me that they were going to throw out three votes and declare Mr. Clay the winner. When I asked why they were doing this, Coy Flynn told me that they didn’t have the money to go to court. You cannot take away this when I was the winner. Not only do I plan to pursue it legally, I may also sue the committee members personally and press criminal charges against them.”

Clay could not be reached for comment. 

 

Clay Declared Winner In Ward 2

From The Aberdeen Democratic Executive Committee:

The City Of Aberdeen Democratic Executive Committee, at a special called meeting held on Tuesday, April 29, 2008, re-examined all of the evidence concerning the Second Primary Election held on April 22, 2008 for Ward Two Alderman.

From this examination of all relevant evidence, it is the finding of the Committee that three (3) illegal absentee ballots were cast for Cloyd Garth and therefore, Wilchie Clay is declared the winner of the Second Primary as Alderman of Ward Two, City of Aberdeen, Mississippi by a vote of 263 to 261 for Cloyd Garth.

 

 

Ward 2 Update

As of 4PM Monday, the hearing on the Ward 2 election has not been held. 

I will give you an update when I know more.

 

Statement From Aberdeen Democratic Executive Committee

The City of Aberdeen Democratic Executive Committee has met Tuesday, April 22, Wednesday, April 23 and Friday, April 25 and has examined the ballot box, ballots and heard testimony from witnesses concerning the second primary election for Alderman Ward 2.

From the examination, it appears to the Committee irregularities occurred at the polls wherein three (3) voters cast ballots bt absentee ballot and also voted in person at the polls on Tuesday, April 22. It appears that the absentee ballots cast by those individuals were counted in the vote total.

When the Committee from its examination found that three absentee ballots were erroneously received as valid, legal votes, a clear doubt was left as to whether the results represented the true will of the people. These three ballots make the one vote difference between the candidates a legitimate question as to who won the election.

The Committee will be petitioning the Court to set a date for a Special Primary Election date in May of 2008 and request the Court to direct that the winner of that election be declared as the duly elected Alderman of Ward Two.