Unaccountable DAs Leave 'Potential for Abuse'

NC5 Investigates: Justice for Joni Unaccountable DAs Leave 'Potential for Abuse' Posted: A NewsChannel 5 investigation first revealed how a local district attorney blocked the arrest of a murder suspect.

[Kimala Lankford]

The local DA refused to prosecute the man that threatened my husbands life with a gun last February, 2007. He went to court May 2007. We were advised by our attorney to seek a grand jury trial. The local DA told us that she was just doing as told by her "boss" (the Attorney General). The police report reads that the defendant admitted "aggrevated assault with a deadly weapon". It should have been a solid case, but the DA refused to prosecute!
Benton County Sheriff Department Arrest Warrant on Jimmie Lee Davis, filed 2-12-2007, case # 20071150
Benton County General Session Court case #7GCR-334: "Dismissed, Nolle Prosequi"
The Man got away with it!!!! No punishment! And he got his gun back too!
The whole story is... we were attempting to pick up Richard Lankford's children for scheduled visitation. Jimmie Davis was waiting for him with a gun. The children's mother refused to allow them to leave with Richard, their father, for unknown reasons.(There was no previous aggression when picking up the children.) How does the DA not see the offense committed? In front of children!

[Go Figure]

what alot of people forget about DAs AND Judges they are all LYERS umm I mean Lawyers. I can't believe that General Layne in Coffee County wouldn't at least go for negligent homicide or some other lesser crime. We need honest DAs with some base-umm-balls!

[Go Figure]

BTW does General Mike bottoms not look like what a person pictures in their head when they think of a defense attorney or ambulance chaser injury lawyer. Geez he shrugged his freakin shoulders when asked "what about this little boy" not sure what county this guy is DA in but the fools of that county need to remember there is a thing called an ELECTION.

[STEVE ADAMS]

I THINK THAT MIKE BOTTOMS IS HIDING SOMTHING IF HE DOES NOT LOOK AT THE NEW EVIDENCE AT HAND.AND I ALSO THINK IT IS PRETTY BAD THAT A JUDGE WILL NOT OVER RULE BOTTOMS. UNLESS THEY ALL HAVE SOMETHING TO HIDE.

[STEVE ADAMS]

THE DA & ALL OF THE JUDGES MUST HAVE SOMETHING TO HIDE.OR THEY WOULD LOOK AT ALL NEW EVIDENCE AND ARREST THE MURDER SUSPECT.

[CWW]

DAs are accountable to the voters. For those of you that have read the attached stories in the sidebar you will see that the Joni Nolan case was recently taken before a Judge. The judge found insufficient evidence for an arrest. My post from yesterday:
Its amazing how a very short news story can bring people to make quick judgements and comments on things they no nothing about. I was working for the Tullahoma Police Department when this incident happened, not on duty at the time, but was the next shift. The two investigators in this case were competent people. They interviewed as many people as they could possibly find that may have had any information. The case was investigated later by a private investigator hired by the deceased's family. The case was presented TWICE to the Coffee County Grand Jury which each time determined there was not enough evidence to return an indictment.
I worked with Mickey Layne for my entire law enforcement career - 1981 through 2007. He was a prosecutor in the District Attorney's office when I first started, and later was elected District Attoryey. I always felt he was fair both to the people or officers prosecuting a case, and, as well, to the defendants in a case. The comments in this section as well as the headlines "DA Blocks Arrest" are absolutely ridiculous and unwarranted.
The facts of the case are that Mr. & Mrs. Nolan had been in the American Legion Lounge and were arguing. They left. Outside Mrs. Nolan either fell or may have been pushed to the ground. There were no witnesses, no evidence to strongly support either. Apparently she was not taken to the hospital that night by the people who came to get her - she should have been because she had a serious head injury. By the time she WAS taken it was too late.
There is another fact in this case - the Tullahoma Police Department has a new chief, one that is determined to make a name for himself regardless of whose toes he steps on in the process. He can criticize the District Attorney, the old chief, the former investigators, or whomever he wishes, but the fact remains that this case has been as thorougly investigated as it can be, and short of a confession of guilt from Mr. Nolan, there is not enough evidence for an arrest in this case, even if one is warranted.
About two years ago Phil Williams and crew came to the Tullahoma Police Department and later ran the story "Justice for Joni". Again, I was not directly involved in the case, but I was there on duty. I found Williams to be arrogant and demanding. He and our police chief at that time had some heated words as Mr. Williams, in a round about way, accused the police chief of lying about the case. However, he was, as is the norm with any news agency, given access to any records he wished to view. Channel 5 News has investigated, arrested, and tried the case on its' own. Why do more ?

[Concerned Citizen]

The citizens of the State of Tennessee can take action to amend the archaic terms of the Tennessee State Constitution which sets the term of office for local district attorney generals at 8 years with NO term limits (see Article VI, Section 5 of the Tennessee Constitution -..."An Attorney for the State for any circuit or district, for which a Judge having criminal jurisdiction shall be provided by law, shall be elected by the qualified voters of such circuit or district, and shall hold his office for a term of eight years, and shall have been a resident of the State five years, and of the circuit or district one year.") The Tennessee Constitution could be amended to make the term of office 4 years instead of 8 years. The Tennessee Constitution could also be amended to place a term limit of 2 or 3 terms so that no person could hold the office of district attorney general any longer than a set amount of time such as 8 years or 12 years. By the way, Tennessee voters could also seek to unify the local court clerks into one officeholder and streamline all the paperwork and collection of fines and/or court costs. That would also take a constitutional amendment as Article VI Section 13 of the Tennessee Consitution states that local Clerks and Masters are appointed to a 6 year term of office but local Circuit Court Clerks/General Sessions Court Clerks are elected by the people to a 4 year term. Article VI Section 13 of the Tennessee Consitution presently states how they are presently selected and the term of office as follows: ".........Chancellors shall appoint their clerks and masters, who shall hold their offices for six years. Clerks of the Inferior Courts holden in the respective Counties or Districts, shall be elected by the qualified voters thereof for the term of four years." The people of Tennessee, who are paying for these salaries and services with their tax dollars, can seek constitutional amendments that might give them more control of their judicial system.

[ConcernedCoffeeC oCitizen]

I am a personal friend of the Bell Family and I think they deserve closure on the case of their daughter's death. Nolin has to be a guilty man, because if a man isn't guilty he would have shown some descent concern....to have been man enough to have at least shown his face at his own wife's funeral, even though they had only been married four short months and he would have never called the family to take and pick up Joni, he would have been a man and took her straight to the hospital himself. This man beat his wife to death and is walking free, just like the other cases here in this county that have been looked over....like the Wilder(Victor) case...it is known that that man's own son beat and killed him several years back and there has been NO JUSTICE yet, if this case was to be opened they would find that the young Wilder man killed his own wife and his father was gonna turn him in and he killed his own father to keep things hush--hush. Layne had the young man to snitch and gave him a slap on the hand and he runs free while two people in his own family were killed by him. Coffee County needs a change in the DA's Office but no one wants to run against Layne scared of what might happen to their own family knowing that Layne has his own killing force backing him. CWW who has posted a comment needs to lose a loved one to one of Layne's killers and see if he gets his justice or over looked like the Bell's or Wilder's....CWW you would be spit on like the rest of the honest people and left for dead like poor JONI!!!!!!!

[nomb]

As I said before, this is really none of my business but I am a friend of the Morris family and their only son was stabbed over 70x and the "people" involved tried to burn the house to cover it up. I say people because there is NO WAY the one could have done this alone. Willard was body builder over 250lbs-Jay gann(convicted)was about 140lbs if that. Someone may argue that but the FACT of Willard Morris's case is that-small town- people talk! Behind every rumor, I believe, is some truth and it is said that MANY were involved. Most all have been name and tips were brought to attention of authorities, yet NOONE ever followed any leds. One of the TWO MAIN suspects(NOT GANN) have never been questioned or anything. So, whats that look like?? Someone is covering up somethng to save themselves. Who, what and why......wonder if we'll ever know!!!

[R Buckner]

Wonder how willling the DA would be to prosecute Nolan if it had been his daughter of grandchild.

[Paul]

CWW, why do you insist on lying about this case? You're starting to make me even more suspicious. The judge found that there was probable cause, but did not issue a warrant since Layne said he was going to dismiss it anyway. Read the order!
Yes, the indictment was rejected by two grand juries. After the DA tampered with the grand jury!
And your department destroyed the files! So much for letting Phil Williams see everything.
Why do you feel the need to lie? Do I smell a coverup?

[nomb]

I can't help but wonder about the people who have devoted their lives to serving the community. The ones that ARE sincere in doing their job. There has got to be some that have let it take time away from their spouse and children. During that time they missed out on alot of things in their own family. My point to this is, unfortantly, the actions of one person can be a reflection on everyone around them. People are losing faith in our system, fearing those that have been put here to protect us, And just simply not trusting anyone of authority. So, I have to wonder, to those who have put so much time, energy and heart into their law enforcement career.....how would they feel knowing people are looking at them too as being dishonest, and crooked. Would that not make a person angry enough to stand up and speak out on things. Because in a small town-someone knows or has heard something over time but just hasn't said anything for whatever reason. I would hate to know I missed out on alot with my family or had problems in my family for a town that is doing what for them????Then again, maybe such a person doesn't exist in this area huh??? Just a thought.

[ConcernedCoffeeC oCitizen]

I do hope that someday Mickey Layne has to answer to all his unjustice doings. That he as a so called American can have to serve time for all he has done NOT to help those who so deserve it. Someday,when he meets his maker I do hope that he has to face the Lord and all the people whom he had NO JUSTICE in their murder cases that when GOD places JUSTICE on him that he is convicted to the place where one deserves to go for eternity because he has taken an OATH to do JUSTICE and sorrow to uphold justice and has not done so! I am a law abidding citizen and do hope to never have to appear before such a DA as Layne for he will only convict the innocent as that of the Bell and Wilder Families!!!!!!.... Signed the CCCC Mike!

[Nannie]

This is not surprising to me at all. Our whole judicial system is broken as far as I'm concerned. The criminals have very good representation, but the innocent can't afford to prove their innocence. DAs think they're God and have nobody to be accountable to. How can any human being not bring justice for these people who are hurting even more now? You can bet if it were their daughter or loved one, things would be totally different! Something has to be done to hold these people accountable like the rest of us.

[Charlie Tall]

You guys haven't heard the half of Coffee County DA Mickey Layne's "discretion."

Ask him about Tyrone Elrod, Jr. and why there was no investigation there. Maybe it had something to do with the well-founded rumor that a Tennessee State Trooper was involved with Elrod's wife.

Ask Mickey why Elrod's daddy's guns disappeared from his son's gun safe, and why the DA wasn't interested in investigating that, either.

People who bring cases to the grand jury without the DA's permission are rebuked and ridiculed, even harassed and subjected to legal action by the DA's office.

Getting help or justice from Coffee County DA Mickey Layne is, in my humble opinion, totally dependant on "who's your daddy"?

[Charlie Tall]

While CWW's comment was detailed, professional, and extremely plausible sounding, it was also quite inaccurate. The medical examiner stated:

"It is my opinion, to a reasonable degree of medical certainty that Beverly Joan Bell Nolan died as a result of blunt trauma to her head with a subdural hematoma. The pattern of injuries to her face and head are consistent with an object striking Ms. Nolan in the head. The pattern of injuries is inconsistent with a fall, where her moving head would be striking an immovable object. Based on the circumstances of the incident leading to her death, the manner of her death is homicide."

Any questions, CWW?

[Ex coffee co resident]

As a past crime victim in Coffee Co. You should be looking at the entire judicial system in Coffee Co. Mainly the judges, DA's office & Coffee Co. Sheriff's department. Dig deep...corruption runs rampant there. The "Good Old Boy" system. Mr. Tall states it correctly in his post !
My heart goes out to Joni's family.

[LBR]

CWW has not read the report of the funeral Directors that prepared Ms. Nolen's body. He did not read the report of 2 Medical Examiners, or is CWW a friend or a paid employee of the DA? It is obvious that the local qualified people are afraid to run aganist the DA. Why would this be the case? It is simple...,they are afraid that something would happen to them or their family. Maybe Mr. CWW also overlooked the reccomedation of the last judge. It is also very distrubing to know that on two occasions that the DA sent his people to the Grand Jury hearing to inform the members of the Grand Jury that the DA did not want Mr. Nolen indicted. This was so distrubing to some members of the GJ that they felt somthing must be said or done. This is illegal, immoral,and unprofessional. Mr. CWW is either not very smart, or he is obligated to the DA and this is another issue. Mr. Nolen has chaged his story several times. Many records of the orginal investigation have also gone missing. This whole thing smells of corruption and illegal actions. I am glad that Mr. CWW is no longer involved in law enforcement. This entire case is like some horrific plot for some book. Ms. Bell thinks the DA will some day answer for his actions. I think he should have to answer to the people of Coffee County NOW! How can the people that have some influence over the DA continue to overlook this horrible miscarriage of justice?

[Donna]

How can this happen in a day of politically correctness where we over-police the words people use in public office and every facet of their character? I don't understand how we (people, the legal system, the community) can let something like this happen and not be up in arms about it. How can we let a criminal, a murderer, walk among us and be ok with the fact that the DA has exercised his personal agenda or whatever instead of enforcing the law - the job we elected him to do?

[a thought]

Ex coffee co resident wrote:

As a past crime victim in Coffee Co. You should be looking at the entire judicial system in Coffee Co. Mainly the judges, DA's office & Coffee Co. Sheriff's department. Dig deep...corruption runs rampant there. The "Good Old Boy" system. Mr. Tall states it correctly in his post !
My heart goes out to Joni's family.

-I TOTALLY agree, but PROOF is what channel 5 has to have. How can someone-other than invest. team get proof???? Thats where we need to start, and that's looking to be like finding a needle in a haystack.--