Fri
Sep 21 2007
08:01 am

The trial is heating up in the case of McElroy v. Knox County Commission. Here's a roundup of the latest after the jump.

From the Knoxville News Sentinel

Lines drawn for jurors: A recounting of Moore's testimony re. the swearing in of Bolus as a tie-breaking vote and Moore's conversations with John Valiant during that process. Moore's interesting responses might lead one to wonder if these guys are testifying under oath. Also, the defense accuses McElroy of pursuing the lawsuit to sell papers. More details here.

No sanctions for Lumpy: Lumpy gets a pass for not providing his phone records. But Fansler advises jury that "they could infer from his refusal that he had something to hide in the case." Also, Moncier argues that the County opened the door for testimony about Josh Jordan's past.

Mark Harmon star witness for the plaintiffs: County Commissioner Mark Harmon was in the unusual position of being cross examined by his own lawyer. He testified that the appointments were decided before the Jan. 31 meeting, and about the various power factions on commission. On cross examination, Stackhouse (the lawyer representing County Commissioners including Harmon for the defense) accused him of trying to increase his political power by being the "lone dissenter." A great photo of Harmon appeared on the front page of yesterday's paper, with the headline "Harmon accused of political agenda." What's amusing to me is that one of the few with any credibility or integrity in this deal is characterized as being a lone ranger. What does that make the rest of them? Oh, wait. Don't answer that.

Local TV News Coverage

WATE: Special "Focus on Knox County" section, with articles and video

WBIR: Special "Knox County Files" section, with reports and video.

Blog Coverage

Russ McBee, aka "Rex McGee" (click headlines)

David Oatney

Rich Hailey

Gene Patterson

Russ's picture

Rex

I have a sneaking suspicion Michael Silence won't live down the "Rex McGee" thing. At least, he won't if I have anything to say about it. ;-)

This trial has taken some fascinating turns this week. Lumpy and Scoobie either don't know what "perjury" means, or they really did have to go the bathroom that many times on Black Wednesday. Neither thought is comforting to me.

Mark Harmon's testimony may turn out to be key in the case, and I don't think Mary Ann Stackhouse was able to damage McElroy's credibility at all.

Things ain't looking good for County Commission.

~Russ

R. Neal's picture

I wonder if Jonathan Wimmer

I wonder if Jonathan Wimmer has been subpoenaed to testify about Lumpy offering him a deal to get appointed if he would agree to be sworn in and vote for Trammel?

Bbeanster's picture

Wimmer testified Tuesday

Wimmer testified Tuesday

R. Neal's picture

Ah, missed that. Thanks.

Ah, missed that. Thanks. Have been busy and obviously not paying much attention much less blogging about it. I'll go check it out.

EDIT: Hmm, can't find anything in the paper about it, and Rich Hailey's live blog from Tuesday doesn't mention it.

Anyway, what did he say? What was the nature of the cross examination?

SnM's picture

account ofwimmer's testimony here

R. Neal's picture

Thanks! At least it got on

Thanks! At least it got on the official record.

Sibyl's picture

Comments on WBIR story

Those comments are amusing/enlightening/frightening? Lumpy runs a meth house and Julia Tucker is a gay pornographer?

Mark Siegel's picture

Poor Owings and Stackhouse

I haven't been at this trial at all, but based on the media coverage, I've got to feel for the County lawyers.

They tried to settle this thing twice. They obviously did not want to have this trial.

It might have escaped the jury's notice that, in trying to discredit the testimony of Mark Harmon, the county essentially proved what they have been charged with: that in fact the law was broken.

However, it is beyond the realm of possibility that any functioning human being believed Moore's story that he was maybe chatting with John Valliant on his cellphone about a tenant during the January 31 meeting, moments before Valliant accompanied Moore's campaign treasurer to the Chancellor's chambers to be secretly sworn in as a new County Commissioner during one of the notorious bathroom breaks.

Then to add injury to insult, a picture is put in evidence showing Owings huddling with Moore, Bolus, and other Commissioners after Bolus was sworn in but before he took his seat. Ouch.

What a nightmare!

I'm not saying the county lawyers are innocent in this whole mess. I have no idea if they are or they aren't. I'm just sure they're doing the best they can, and it's got to be painful.

R. Neal's picture

However, it is beyond the

However, it is beyond the realm of possibility that any functioning human being believed Moore's story that he was maybe chatting with John Valliant on his cellphone about a tenant during the January 31 meeting

He was multi-tasking!

SnM's picture

I really shouldn't clutter this thread with silliness but...

..."the notorious bathroom breaks" would be a great band name.

...or the title for a typically topical Todd Steed song.

WhitesCreek's picture

I read Mark Harmon's testimony

...with amusement. So he goes right out in front of everybody and tells the truth about everything.

And gets blasted by the gang for having a political agenda?

How dare he tell the truth in a political situation! This is uncalled for and I expect some sort of ethics investigation to ensue directly.

Factchecker's picture

With apologies to Dr. Strangelove

How dare he tell the truth in a political situation! This is uncalled for and I expect some sort of ethics investigation to ensue directly.

How dare you speak the truth here. This is a court of law!

Pamela Treacy's picture

The Best Evidence

For everyone who was there or watched it on tv, you saw the best evidence. Moore asked for nominations. They gave nominations. They voted on nominations. There was no discussion on the nominees qualifications. How could they decide who to vote on without a discussion? They had to discussed prior to the meeting.

Simply Ridiculous's picture

And then there's Bolus' testimony...

1) Moore nominates Bolus, who is subsequently appointed.
2) Immediately after Bolus is appointed, there is evidence that Moore is on the phone with John Valliant.
3) Then, according to photos, Bolus is immediately handed the oath and escorted into Fansler's chambers by Valliant.

However, Moore doesn't recall the nature of the conversatins with Valliant and Bolus doesn't remember who handed him the oath to take to Fansler or that Valliant was accompanying him.

Incredible.

Bbeanster's picture

And remember -- Jonathan

And remember -- Jonathan Wimmer described being offered the seat if he'd promise to do exactly what Bolus ended up doing -- get sworn in early, take the seat and cast the tiebreaking vote that put Tramel in office.

And Cate was on his way to doing just that untl he was busted by the TV cameras and John Schmid.

What a coincidence, eh?

If Randy Nichols had any cojones, he'd be drawing up some perjury charges.

jbr's picture

Maybe the witness oath was

Maybe the witness oath was given a couple times inadvertently using a comic book.

Up Goose Creek's picture

Political Agenda

Well of course Mark Harmon has a political agenda. He wants to clean up county commision. Pretty radical, eh?

____________________________________
Less is the new More - Karrie Jacobs

Factchecker's picture

I don't recall

However, Moore doesn't recall the nature of the conversatins with Valliant and Bolus doesn't remember who handed him the oath to take to Fansler or that Valliant was accompanying him.

Hey, this defense has served our country's top law enforcer pretty well.

Simply Ridiculous's picture

Buffooned (?)

I agree Betty. And I don't know if you feel like I do, but every time they lie on the witness stand I feel just like I did while watching the meeting on 1/31. Not just as public servants/county officials, but as human beings, how can their consciences allow them to continue to lie about this when everyone had already put the pieces of this puzzle together? And now we have the entire timeline laid out for us which confirms what we knew from 1/31 and they continue to thumb their noses at us and lie some more. "This just buffoons me".

Joe Taylor's picture

Mark Harmon

Mr. Harmon's stance is sour grapes just like the rest of commission... he was beat at politics and had his nose rubbed in it just like Florida did to Tennessee last week... it is easy for Mr. Harmon to cry foul when you loose... but what would he being saying today if his choice had been selected?

The whole process smells... the Supreme Court should have ordered new elections...

Sandra Clark's picture

No way

How could the Supreme Court have ordered new elections when the law is clear -- the local legislative body (County Commission) appoints to fill vacancies until the next election.

Many of the current or former officeholders came into their jobs via appointment by County Commission -- Criminal Court Clerk Martha Phillips, Register of Deeds Steve Hall, Sessions Court Judge Tony Stansberry, Law Director John Owings ...

The Other Paper didn't notice the process until 1) It happened 12 times at once; and 2) Ragsdale's spin team wanted to deflect criticism off the mayor. -- s.

Rachel's picture

The Other Paper didn't

The Other Paper didn't notice the process until 1) It happened 12 times at once; and 2) Ragsdale's spin team wanted to deflect criticism off the mayor. -- s.

Well, it wasn't just that it happened "12 times." It was that it happened as a result of term limits being declared constitutional, which made it a significant news story.

"The difficulty lies not so much in developing new ideas as in escaping from old ones." - John Maynard Keynes

Joe Taylor's picture

Term Limits

COuld the Supreme Court not have ruled the election was invalid/false... call it what you want and ordered a new election be held?

talidapali's picture

Not for sure...

But I think there is a state law or something that limits the amount of time you have to contest the results of an election. the State Supreme Court would not be able to go back and retroactively declare the whole election void. The best they could do was tell the county to appoint new commissioners to fill in for the term-limited ones until the next election.

Now if the current county commissioners were as politically astute as they like to claim to be, they would have at least held ONE public meeting to allow prospective candidates to appear and tout their credentials in front of the public. And they would have allowed public comment on the candidates. The fact of the matter is...they were a bunch of lazy bums who couldn't be bothered to actually do their jobs properly, and they were more interested in protecting their family income than they were to giving even the appearance of service to the public trust.

_________________________________________________
"You can't fix stupid..." ~ Ron White"
"I never said I wasn't a brat..." ~ Talidapali

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