Aug 22, 2009
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www.knoxnews.com
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David Divelbiss
Ninth Judicial Watch: Fifteen Years for Murder, ADW, Auto Theft
A man who pleaded guilty last month to second-degree murder in connection with what a prosecutor called a "drug deal gone bad'' received an effective 15-year sentence Friday.
Stanley Brown, 37, of Nashville admitted to:
1. Shooting 27-year-old Tommy Morrell once in the head with a .38-caliber handgun, killing him, on Oct. 7, 2007;
2. Shooting Charles Ward, 39, in the arm and shoulder;
3. Stealing Morrell's 1987 Oldsmobile Cutlass.
The shootings occurred inside a Moses Lane home in Roane County's Midtown community.
www.knoxnews.com
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David Divelbiss
Morgan County 17-year-old helps build landing pad for helicopters
Joseph Huckeby, 17, is a rising senior at Sunbright School who spearheaded the effort to build a concrete landing pad for emergency helicopters in Deer Lodge, Tenn.
For 10 weeks Joseph Huckeby oversaw heavy equipment belching diesel fumes and the efforts of 40 people to construct a concrete landing pad in Morgan County for medical helicopters that previously had to land in open fields.
Not bad for a 17-year-old rising senior at Sunbright School who has Spina bifida, a birth defect of the spine that causes him to amble with a limp and forced him to undergo 20 surgeries.
dpa.xtn.net
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David Divelbiss
Ninth DAG Watch: Turkey shooting victim upset charges dropped
All criminal charges in a case centering on an accidental shooting this past March in Meigs County were dropped by the DAG Russell Johnsons office during a hearing in General Sessions Court Thursday, Jul;y 9th.
Shane Godsey was walking back to his vehicle after a day of hunting turkey along the Tennessee River. Another hunter, William Whaley of Decatur, allegedly mistook Godsey for a turkey and fired into the bushes, hitting him with approximately 30 shotgun pellets.
Originally, Assistant District Attorney Kristin Kelly had no plans to file charges against Whaley. Godsey's lawyer, Jes Beard, filed an affidavit that resulted in a reckless endangerment charge against Whaley.
Kelly approached Beard with a proposal to drop the charges against all three people involved with the state covering the court costs. Beard wanted to see the charges against Whaley pursued and advised Godsey not to accept the agreement.
Before a decision could be made, Kelly informed the court the state was dropping the charges against all three individuals without prejudice, meaning the issue cannot be raised again.
Beard objected to the decision, saying his client had not agreed to dismiss the charges against Godsey, but admitted the district attorney's office had almost total control in the matter.
www.knoxnews.com
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David Divelbiss
Deer Lodge Man Convicted in Rape, Robbery of 90-Year-Old Woman
A Morgan County jury deliberated just 20 minutes Thursday before convicting a man of the aggravated rape of a 90-year-old woman.
Harold L. Morris, 49, faces a minimum of 15 years in prison for his conviction of aggravated rape, aggravated burglary and aggravated robbery.
Morris, a Deer Lodge resident, forced his way into the elderly woman's house in Lancing on April 8, 2007 and bit her on her breast during the sexual assault. After the attack, Morgan ripped jewelry and a watch off the woman's fingers and hand, further injuring her.
Morris was arrested several hours later in Crossville. Items found in Morris's possession linked him to the incident.
www.knoxnews.com
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David Divelbiss
Ninth Judicial Watch: KNS Editorial Says Justice Not Served; Critical of Plea-Bargain in Shooting
Knoxville News-Sentinel editorial, June 26, 2009:
Justice was not served when prosecutors in the Ninth Judicial District agreed to five years' probation for a Lenoir City man who shot his girlfriend to death.
John Kenneth Harvey, 26, was originally charged with second-degree murder in the February 2008 death of Savannah Cass McMahan, 21.
Harvey admits he was arguing with McMahan when he picked up a loaded .22 from a nearby table. The two argued often, according to McMahan's father, who said Harvey bullied his daughter, and "she said she was going to leave him several times before the shooting."
The gun was a single-action revolver, and the detective in the case said it had to be cocked before it could be fired. The powder burns he found showed McMahan was shot at close range.......
If prosecutors could not do better than a no-jail-time deal in that case, they should have gone to trial and let 12 citizens decide who had the best ballistics expert.
This plea bargain simply undermines faith in the judicial process.
(The full editorial is longer than Topix allows on the news board. To read it in its entirety, visit the accompanying link. The Ninth Judicial District includes Loudon, Roane, Morgan, and Meigs counties.)
The Knoxville News Sentinel
Deer Lodge man convicted in rape, robbery of 90-year-old
A Morgan County jury deliberated just 20 minutes Thursday before convicting a man of the aggravated rape on Easter Sunday 2007 of a 90-year-old woman who is still recovering from injuries she sustained in the attack.
www.knoxnews.com
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David Divelbiss
Ninth Judicial Watch: Family critical of plea deal in shooting
The parents of a Lenoir City woman shot and killed by her boyfriend are speaking out against a plea bargain that sentenced their daughter's killer to five years on probation.
The plea-deal was granted by the office of Russell Johnson, District Attorney General for Roane, Loudon, Meigs, and Morgan counties.
"I want justice for my daughter," said Sarah Berry, mother of Savannah Cass McMahan, 21, who was shot by John Kenneth Harvey, 26, in February 2008.
Harvey was originally charged with second-degree murder, and admits he shot the woman during an argument but claims it was an accident. The charge was reduced to reckless homicide.
The victims mother, Sarah Berry, said she met several times with the district attorney general's office. She says the office wanted to avoid a trial from the beginning,
The victim's father, John McMahan, said he witnessed the couple's frequent arguments and what he called "bullying" by Harvey. McMahan says his daughter was going to leave Harvey. He says:
I know that's why he shot her, because she said she was going to leave"
Assistant Attorney General Bill Reedy says one critical factor in not pursuing a murder charge was a "dying declaration" made by the victim that the shooting was accidental. The witness was said to be Nathan Lane, who called the ambulance that night.
Lane says that he never heard a dying declaration and never agreed to testify to hearing such a thing:
By the time I saw her she was already going into convulsions. She didn't say a thing to me."
For more details, see the full story.
www.knoxnews.com
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David Divelbiss
DAG Johnsons Office Gives Man 5-Years' Probation in Fatal Shooting
A Lenoir City man who admitted shooting and killing his girlfriend during an argument last year will receive five years' probation for the crime.
John Kenneth Harvey, 26, was arrested in February 2008 and charged with second-degree murder in the death of Savannah Kathy McMahan, 21.
Prosecutors said they reduced the charge to reckless homicide and agreed to five years' supervised probation after reviewing the evidence in the case.
www.knoxnews.com
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David Divelbiss
Morgan commissioner: Nevermind Gitmo detainees idea
A Morgan County commissioner says he will withdraw his proposal urging the state to consider moving terrorism suspects from the U.S. military prison at Guantanamo Bay to a recently closed state prison.
Commissioner Nick Bishop released a statement today saying he lacked public support and will remove his proposal.
www.tennessean.com
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David Divelbiss
Tennessee Speeders Could Get Fingerprinted
Motorists stopped for traffic violations in Tennessee could be fingerprinted if state lawmakers approve a bill pending in the legislature.
Currently, when drivers are cited during traffic stops police officers ask for the driver's signature on the ticket But the proposed bill would allow police departments to eliminate signatures and collect fingerprints.
Supporters say collecting fingerprints would save money and help police determine whether the driver is wanted for a criminal offense, but opponents worry that it allows the government to tread on individual privacy rights.
"The way I see it, if they take your fingerprint, they have access to your history and that's an invasion of privacy," said Martha Simms, 27, a mother of two who recently got a speeding ticket in Davidson County.
State Sen. Joe Haynes and State Rep. Mike Stewart co-sponsored the bill, which gives police departments the choice of collecting a signature or a fingerprint, or collecting a signature and a fingerprint. The bill has been approved by the state House of Representatives, and senators will vote on the measure Wednesday.
The bill, if passed, will take effect on July 1. At that time, any police department within the state could require fingerprinting as a means of identification, said Haynes, a Goodlettsville Democrat. "It's their discretion," he said.
brothermartin.wordpress.com
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David Divelbiss
DAG Russell Johnson Target of Accusations in Web Article
The link accompanying this story will direct you to an online article on a website called
Deep Green Perspective. This is apparently an environmental advocacy site.
In this article Mr. Russell Johnson, District Attorney General for Loudon, Meigs, Roane, and Morgan counties, is accused of helping TVA hide itself from public scrutiny on the matter of air quality.
Among other things, the following is alleged:
1. United Mountain Defense volunteer Matt Landon was arrested for trespassing on newly-purchased TVA land, even though the residents (and former owners) had given him permission to be there. Landon was on this land to check on air monitoring equipment that UMD had set up there, near the Kingston coal ash spill.
2. UMD had entered into a legal, contractual agreement with the landowner to monitor air quality.
3. In a truly Orwellian turn, TVA forbade the former landowner from informing Landon that TVA had purchased the property. In other words, TVA is accused of acting to entrap Mr. Landon.
4. DAG Russell Johnson threatened Landon with a year in jail for putting up an air monitor.
5. Landon demanded a pre-trial hearing. Russell Johnsons office offered a plea bargain which Landon refused.
6. Johnsons office then offered another plea bargain.
Without offering any opinion on my part, anyone interested in this case should follow the accompanying link to the full story.