FBI Investigation? Fannin County House of Cards

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“Some would rather climb a tree to tell a lie than stand on the ground and tell the truth” BKP

Monday afternoon July 18th in a Pickens County Courtroom Senior Judge Richard Winegarden signed the nolle prosequi orders dropping the charges against Fannin Focus publisher Mark Thomason and Attorney Russell Stookey.

Thomason and Stookey were arrested Friday 6-24-16. Thomason was charged with three counts; identity fraud, attempt to commit identity fraud and making a false statement. Stookey was charged with two counts; identity fraud and attempt to commit identity fraud.

Appalachian Judicial District Chief Superior Court Judge Brenda Weaver filed the complaint with the District Attorney’s office. District Attorney B. Alison Sosebee presented the charges to a Pickens County Grand Jury made up of sixteen citizens. The Grand Jury returned true bills on both Thomason and Stookey.

When the charges were dropped that made the file concerning this case open for the public to view, FYN spent Friday afternoon thoroughly reviewing the file.  I listened to the witness interviews several times.

Immediately after the court adjourned Fannin County Attorney Lynn Doss did an interview with Channel 2’s Mark Winne.  (Doss interview with Mark Winne.)  She told Winne she has spoken with the FBI three times since March.

Mark Thomason, Russell Stookey, Lynn Doss, and Fannin Probate Judge Scott Kiker have made claims that there is currently an FBI investigation into Judge Brenda Weaver and Judge Roger Bradley.  Thomason, Stookey, and Doss have made the same claims concerning the FBI during interviews.  Witness interviews claim Kiker told them about the FBI investigation in detail.

Throughout the DA’s investigation one name kept coming up, County Attorney Lynn Doss. It is common knowledge in the Appalachian Judicial District that Doss does not care very much for Judge Roger Bradley.  I stated in a previous article a comment Doss made to me regarding her feelings for Bradley.

Doss serves as the Attorney for Fannin County, Fannin County Water Authority, and the Fannin County Board of Education.  Her husband Harry Doss is the Fannin County Juvenile Public Defender and the Fannin County Probate Judge Public Defender. The Doss’s have received a lot of money for several years from Fannin County taxpayers.  Side note, FYN has researched Doss and Kiker court cases from Cobb to Towns Counties and have found several cases where Lynn Doss and Scott Kiker are co-counsel.  See any conflict with that?  Doss is public defender in Kiker’s courtroom.  Also what happened to the promise Kiker made the voters of Fannin County that he would be a full-time Probate Judge?  Far from it, Kiker has private cases in several counties. And that is a story for another day.

Lynn Doss thoroughly understands attorney/client privilege so why would she risk losing a client like Fannin County Board of Commissioners who pays her $5,708 per month, $68,496 a year?  I asked Chairman Bill Simonds if he knew that Fannin County was being investigated by the FBI and also if he knew Doss was speaking to the FBI? Simonds told us he just found out in the last couple of weeks and was not aware of any conversations Doss was having or may have had with the FBI.

Remember the checks from the Judge’s account which Thomason claimed appeared to have been illegally cashed?  Who gave the checks to Stookey or Thomason?  During an interview with DA Investigator Greg Arp, Simonds told Arp he understood that Doss said she thought the FBI would be contacting her and so Doss wanted the checks.  Simonds went on to say, his understanding was that Doss gave the checks to Stookey who in turn gave them to Thomason.  

So if Doss told Simonds about the FBI possibly contacting her why did she not come back to her client (Fannin County) and confirm her involvement with the FBI investigation once she was actually contacted?

Investigator Arp asked Simonds if Doss ever admitted to him who she gave the checks to?  Simonds replied “Oh Yeah!  She gave the checks to this Stookey guy. She is the county attorney.  She has no F****** business giving checks out to nobody especially another attorney.  She said ‘I do that all the time, I give out numbers.’  Simonds said, ‘Lynn this is a lot different than a F****** telephone number, this ain’t no telephone number.’  She lied about it.  I think this is a d*** vendetta.  Lynn is vindictive.”

The DA’s investigators Greg Arp and Christy O’Dell interviewed Rita Davis Kirby.  Kirby is Fannin County’s CFO.  Kirby told investigators that she gave the check in question to Doss and only Doss.  

“She is the only one who had the checks. The only person who had copies of those checks.  It’s obvious that Lynn is the only one with copies of the checks from Fannin County.  If Mark Thomason has a copy of them it came to him from Lynn Doss.  In March Lynn comes in and asks me for a copy of the third quarter, second, third and fourth quarter of 2015 and the first quarter of 2016 of Judge Bradley’s checks.  She said I have gotten word the FBI is going to be looking into this and they will probably call me so if you will just go ahead and get those for me I will have them when they contact me.  I got her the copies and sent them to her. She sent me an email and said could I go ahead and give her the other two judges just for the sake of not singling any one judge out. Something to that effect.  She emailed me. Kirby said Doss never came back and said anything about the FBI investigation. “

Kirby was asked if the FBI had made any requests to the commissioner’s office?

“No, and that is what’s strange to me as well.”

Kirby recounted a meeting with investigators between Doss, Simonds, and herself concerning who Doss gave the checks to and how she knew they had been cashed. “ When Bill got a copy of the Open Records Request that Thomason sent Chairman Rob Jones in Pickens County, Lynn came in and was in Bill’s office.  Kirby went into Bill’s office and sat down.  Lynn read a copy of the email and told Bill she needed to talk to him about this.  She needed to explain.  She said this is crazy (Lynn), I could kill Mark Thomason (jokingly).  All I know about this is ‘Mark Thomason received copies of these checks from Rita,’ and I (Kirby) stopped her.   I said “No, Lynn, No he didn’t.”   “I thought I had given him those checks but I didn’t.  I went back to verify that.  I did not give those checks to Mark Thomason, you are the only one I gave those checks too. She said (Lynn) I’m not sure how he got them.”

The reasoning behind the investigation is there is a problem about ‘if’ the checks have been cashed and they’re not supposed to be cashed.  Lynn said on the back of the check in the upper left hand corner on Judge Bradley’s checks there are numbers that go across and we understand and were told it was a teller override. (Rita said) I told her that was not a teller override and Lynn said, I spoke to Ruth Jordan and she told me that it was a teller override.

Kirby said she was in the room when Simonds asked Doss who she gave the checks to. “Doss told Bill she gave the checks to Stookey who is Mark Thomason’s Attorney.  At that point Bill looked at her and said, “you did what?”  She said it’s open records and I gave them to Stookey.  She said it’s no different than me giving a phone number to an attorney without asking if she could give the number out.  Bill said that ain’t quite the same thing.”

Kirby implied throughout the interview that she feels that Doss shares county information with Thomason.

Did Ruth Jordan tell Lynn Doss that the checks appeared to have been cashed because of the numbers on the back of the check? Jordan is the Blue Ridge Branch Manager of Community & Southern Bank.

DA Investigators O’Dell and Arp interviewed Jordan. Jordan immediately let them know she could not answer questions for the bank but she could talk about procedural issues.

If we show you the back of the check could you tell us if it’s a teller override?

Jordan, “You would not be able to tell anything about the back of the check, I think that is the whole issue somebody doesn’t understand.”

So you couldn’t look at the back of the check and tell if it’s a teller override?

Jordan, “no,no.”

Jordan, “This is what I told everyone I did have a conversation with but I have not had a conversation with any attorney.”

So you haven’t talked with Miss Doss?

Jordan, “No.”

Jordan, “Concerning the back of the check in question, “this is a routing number, that is all that is.”

Investigator Odell, is there anything on the back of the check that you can tell that it’s been

cashed, deposited, whatever….?

Jordan,

“Absolutely not.”

Jordan,

 “Procedural-wise, as far as Community and Southern’s bank policy, a check like that should never be cashed. That’s a business check. It’s a business check. One person does not have ownership of that check. So that check should have been deposited.  Now, there is a For Deposit Only here. There is nothing on the back of this check that can tell you the check has been cashed, deposited, you can’t tell anything. There is nothing back there to tell that. It’s a routing number, branch number and teller number.”

Investigator, The only reason you are here is because your name specifically has come up as having a conversation with a certain attorney that has indicated that you were able to tell them from the back of that check. You have not had any conversation with Mrs. Doss regarding any of this?

Jordan, “No”

Any conversation with Mrs. Doss regarding teller overrides? “No”

Jordan, “I have not spoken to Lynn Doss.  I will not disclose anyone’s personal information. It’s not going to happen.”

When discussing the subpoena Jordan said, “I was shocked and amazed. I have never gotten a subpoena that was not served by an officer.  If a deputy would have showed up with that subpoena it would have been filled out by someone before they got here with it. Generally when I get one on something like that they serve notice and generally they want someone to sign showing I received it.  They were here literally wanting us to give them something and I’m like what, we don’t do that.  I don’t think they understood.  I was shocked that they had what looked like nearly a blank subpoena and I just said I don’t know anything about this.  I don’t know what you’re looking for.  You’re going to have to give me some information.”

Investigators showed Jordan the check that supposedly had been cashed illegally. Jordan said there was nothing on the check that indicated a teller override or that it had been cashed.

A check when deposited with a teller show the teller’s number so why not just go to the teller and ask if they cashed or deposited the check?

So why did Doss tell Simonds and Kirby that Jordan said the check appeared to be cashed? Who told Thomason the check appeared to be cashed?  Remember that is what Thomason said in the email he sent Pickens County Commissioner Rob Jones. The email to Jones was an for an open records request.  Who gave Thomason his information?

What about the FBI Investigation?   In one witness interview with “Mr. X” he tells Arp and O’Dell that there are two FBI agents doing the investigation. FYN has learned the name of one FBI Agent, Jamie Harter.

Mr. X told Arp and O’Dell the following:  Scott Kiker told me that a whistleblower came to Mark Thomason.  Kiker would never tell me who the whistleblower was.  Only thing Kiker told me was that the whistleblowers had been granted immunity from prosecution. There are two FBI agents.

Kiker said the reason he got involved was he and Thomason had to sign a paper before the FBI would investigate. They had to sign a paper saying that Mark had asked them to come up here.  Thomason told Kiker he was afraid to sign it without some legal representation so he requested Scott Kiker to be his legal representation and then he signed the thing and gave it back to the FBI.

So if Scott Kiker is Thomason’s legal counsel concerning the FBI investigation does he know who the whistleblower is?  Does he know whom the FBI offered immunity?  FYN has reached out to Lynn Doss and Scott Kiker with a list of questions.  At the time of this article they have not responded.  At the bottom of this article you will see a list of questions we have asked both Doss and Kiker.  We will post their answers as soon as they respond.

Remember the attempt to commit identity fraud in the indictment of Thomason.  We found something very interesting in the DA’s file.  It may be irrelevant but we feel it’s worth mentioning.

In this letter from Assistant District Attorney Chase G. Queen of the Enotah Judicial Circuit, Thomason may have committed identity fraud.

(Article continues under the letter)12ChristyLetter800Check back as this story continues to develop “Fannin County House of Cards.”

FYN would like to be clear regarding the allegations of “cashed checks” there hasn’t been any proof presented at this time which supports the claims of checks being cashed.

Below is the list of questions for Fannin County Attorney Lynn Doss and Fannin County Probate Judge Scott Kiker.

Mr. Kiker,

I have reviewed the entire file including listening to all of the witness interviews in the case that was dropped last week against Mark Thomason and Russell Stookey.

  1. One witness stated that Thomason had to sign a form and send it back to the FBI before they would look into Thomason’s complaint. The witness stated that he (Thomason) brought the paperwork to you and I understand you signed as Thomason’s Attorney. Did you sign a document along with Mark Thomason that was sent back to the FBI?
  1. Have you spoken to or met with the FBI?
  1. Have you and Lynn Doss ever spoken with or met with the FBI together?
  1. Did Lynn Doss tell you she was speaking with the FBI? When was the first time you knew that Lynn Doss was involved with the FBI investigation?
  1. One witness said that you told him there was a whistleblower at UCBI and the FBI has granted this person immunity from prosecution. How are you aware of this information?  Who told you (Mark Thomason, Lynn Doss, FBI…)? Do you know the identity of the whistleblower?
  1. One witness said that when he confronted you about the whistleblower  and UCBI you said it was a rumor Mark Thomason started.  Is it a rumor?
  1. Did you represent Greg Joseph Staffins in a shoplifting case in Union County?
  1. Does the Fannin County Probate Court have or use investigators?
  1. Has Mark Thomason ever worked for the Probate Court as an investigator?
  1. Are you aware that allegedly Mark Thomason went into the Blairsville Wal-Mart and identified himself to Wal-Mart employee Jeff Griffin as an investigator for the Fannin County Probate Court specifically Judge Scott Kiker’s Investigator?
  1. According to Jeff Griffin, Thomason asked to see Wal-Mart case reports on the shoplifting case against Greg Joseph Staffins. Was your office ever contacted by the Union County DA’s office inquiring about Thomason’s relationship to the Probate Court and yourself?

Mrs. Doss,

I am working on an article concerning a possible FBI investigation you discussed in a recent interview.  I have listened to the witness interview from the Mark Thomason-Russell Stookey case and have several questions.

  1. You said you have communicated with the FBI 3 times. Were those phone conversations or meetings?
  2. Did you provide the FBI with any Fannin County documents?
  3. At any time did you make the Fannin County Chairman Bill Simonds aware of your involvement with an FBI investigation?
  4. Who (name) did you talk to at the FBI?
  5. Did you give the checks in question to Russell Stookey or Mark Thomason?
  6. Did you contact the FBI first?
  7. Did Ruth Jordan tell you the numbers on the check showed the checks had been cashed?
  8. Did you tell Chairman Simonds, with Rita Kirby present, that you gave the checks to Stookey and that Ruth Jordan told you the checks had an override number on them indicating they had been cashed?
  9. Did you tell Mark Thomason the checks appeared to have been cashed?
  10. Have you ever had a conversation with Scott Kiker concerning the FBI investigation in this matter?
  11. Has Scott Kiker or Mark Thomason shared with you the name of the whistleblower?
  12. Have you signed any paperwork with the FBI?

Related articles:

Fannin Focus Publisher Mark Thomason Arrested, Journalist or Vendetta?

Subpoena that Landed Journalist Mark Thomason and Attorney Russell Stookey in Jail

Ads in Fannin Focus do not show up correctly in Sheriff Candidates Campaign Financial Reports

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Subpoena that Landed Journalist Mark Thomason and Attorney Russell Stookey in Jail

News

In the case of the Fannin Focus publisher Mark Brannon Thomason and Attorney Russell Stookey,  there a several questions that remain unanswered about the subpoena for bank records. How did they get the bank account number on the subpoena? Who gave them checks with the account number? Thomason said some checks appeared to have been cashed. Who told him the checks appeared to have been cashed? FYN held interviews with Russell Stookey, Fannin County Financial Director Rita Davis Kirby. Subsequent to those interviews, Mark Thomason released a statement concerning the checks, but first some back story.

Thomason and Stookey were arrested Friday 6-24-16. Thomason was charged with three counts; identity fraud, attempt to commit identity fraud and making a false statement. Stookey was charged with two counts; identity fraud and attempt to commit identity fraud.

Appalachian Judicial District Chief Superior Court Brenda Weaver filed the complaint with the District Attorney’s office. DA,  B. Alison Sosebee presented the charges to a Pickens County Grand Jury made up of sixteen citizens. The Grand Jury returned true bills on both Thomason and Stookey.

The State and National media pounced on the sensationalism of “journalist went to jail violating his First Amendment Rights, freedom of the press”. They didn’t seem to be interested in researching any of the facts of the case. So why should they research when they have hooked the big fish, head of the JQC (Judicial Qualifying Commission), Brenda Weaver. Now that is a fish you don’t throw back into the water regardless the facts.

Judge Weaver sent DA Sosebee a letter requesting the charges against Thomason and Stookey be dropped. DA Sosebee has prepared a motion to have the case dropped.

Senior Judge Richard Winegarden has announced he will hold a hearing for the dismissal of the charges brought against Mark Thomason and Russell Stookey on July 18 at 3pm in Pickens County court.

If Judge Winegarden dismisses the case, that still begs the question, were the un-redacted checks given to Thomason or Stookey or both?

When an open records request is filed with the County for banking information, it is the responsibility of the County CFO to redact the account and routing numbers from the check before releasing the check. The Fannin County CFO is Rita Davis Kirby.

FYN interviewed Russell Stookey Tuesday on our morning show, “Good Morning from the Office”. Here is the transcript of some questions we asked Stookey about the subpoena and checks during our interview.

BKP

What were you looking for with the subpoena?

Copy of the redacted subpoena. Question how did they know what check number they were looking for?

Copy of the redacted subpoena. Question – how did they know what check number they were looking for?

Stookey

“We were looking for one check, that’s all we needed. We got in trouble because we were asking for that one check”.

The subpoena on Stearns Bank had account numbers on it and during the interview, Stooked agreed that when you do an open records request for checks, the account numbers are to be redacted..

BKP

Where did you get the bank account numbers to do the subpoena?

Stookey

“ They were from checks that had been used to pay other bills,”

I showed Stookey a copy of the subpoena on my computer.

BKP

“This is the subpoena that was been posted online.”

Stookey

“That’s the first time I have seen that”

BKP

“Where did you get the checks?”

Stookey

“I believe he (Thomason) got those checks from either the County Attorney or I think it might have been Mrs Kirby.”

BKP

“So you already had some so checks from 2015?”

Stookey

“I don’t know…I never saw the checks.”

BKP

“You never saw them?”

Stookey

“I never saw the checks.”

BKP

“Checks appeared to have been cashed?”

Stookey

“A banking officer had told Mark that a check appeared to be irregular because it had been cashed.”

I asked Stookey if he had seen the letters from the three county CFO’s (Pickens – Faye Harvey, Gilmer – Sandi Holden and Fannin – Rita Kirby) stating that after reviewing the checks that they appeared to be properly endorsed and deposited. Stookey responded that he had not seen them but he was aware of them.

Click to watch our video interview with Russell Stookey.

After our interview with Stookey, Mark Thomason the publisher of the Fannin Focus released the following statement:  “Any and all information contained on a subpoena served to Stearns Bank was acquired through open records request filed on Fannin County by Mark Thomason. Copies of checks and any banking information were provided to the Fannin Focus by Fannin County Financial Director, Rita Kirby. No banking numbers were redacted by Mrs. Kirby and were disclosed through a proper open records request that was filed”.

FYN interviewed Fannin County Chief Financial Director Rita Davis Kirby last Friday live on our show from Sycamore Crossing in downtown Blue Ridge.

BKP

“Did you give un-redacted checks to Mark Thomason?”

Kirby

“First and foremost, I did not give them (the checks) to Mark Thomason. The checks he received were received through means other than myself.  I gave those checks he’s talking about directly to our County Attorney Lynn Doss”.

BKP

“Did you give un-redacted checks to County Attorney Lynn Doss?”

Kirby

“Yes, the County has attorney client privilege.”

BKP

You did give checks?

Kirby

“I did”.

BKP

County Attorney asked for them?

Kirby

“She did”.

BKP

And you gave them to her?

Kirby

“Correct”.

BKP

Not Mark Thomason?

Kirby

“Not Mark Thomason”.

Click to watch our video interview with Rita Davis Kirby.

Please note: It is not necessary for Kirby to redact information when giving the information to the County Attorney.

When Kirby wrote her letter concerning her review of checks possibly being cashed, she stated that the checks appeared to be endorsed and deposited properly but Kirby went one step further by referencing her previous banking career.

After Kirby’s comments stating that she gave the checks to County Attorney Lynn Doss,  FYN reached out to Doss for a comment. Doss sent FYN the following response:

Sir: As you are aware there are pending investigations as to the matters

you referenced. As you are also aware, I am listed as a witness.  

Therefore, it is not appropriate for me to make any comment.  Thank you”.

Judge Richard Winegarden may dismiss the case against Thomason and Stookey Monday but one thing is for sure, he can’t dismiss the facts. FYN has done an open records request for the complete file on this case. We want to know the full story concerning the checks. This story will not end Monday…it will be just the beginning.

Related Stories.

Fannin Focus Publisher Mark Thomason Arrested, Journalist or Vendetta?

Ads in Fannin Focus do not show up correctly in Sheriff Candidates Campaign Financial Reports

Superior Court Judge Weaver Drops charges, Publisher Mark Thomason will not stand trial

Fannin Focus Publisher Mark Thomason Arrested along with Thomason’s Attorney Stookey – Transported to Pickens Jail

Fannin Focus Publisher Mark Thomason Indicted along with attorney Russell Stookey, 1 Count Making False Statement, 2 counts Identity Fraud

 

 

 

Ads in Fannin Focus do not show up correctly in Sheriff Candidates Campaign Financial Reports

Featured, Featured Stories, News

Mark Thomason, the publisher of the Fannin Focus has been in the news a lot lately. This is an unrelated story to Thomason’s arrest, “Journalist Jailed”. It does, however go with the big picture of Thomason’s publication the Fannin Focus, “Intent on Integrity”. Read the story and you decide.

FYN has a copy of every Fannin Focus issue since primary election qualifying. We have reviewed each page for all campaign advertising. We also have a copy of the Fannin Focus advertising rate sheet. We have cross referenced the ads with the rate sheet. We have all the documents to support this article. FYN files the following report on three Fannin County Sheriff Republican Party Candidates, Johnny Scearce, Jack Taylor and Larry Bennett.

Fannin Sheriff Candidates Political Ad Reporting in Fannin Focus

#FanninCartel Defined

“A coalition or cooperative arrangement between political parties intended to promote a mutual interest”. Did this happen in the Fannin County Sheriff’s race?

Larry Bennett, Republican Candidate for Sheriff placed ads in issues of the Fannin Focus on 3/31, 4/7, 4/14 and 4/28. According to the Fannin Focus advertising rate sheet, the number of ads and the size of the ads Bennett placed should have totalled $1,142.78 in advertising with the Fannin Focus. According to Bennett’s Campaign Contribution Disclosure Report he spent $0 in advertising with the Fannin Focus. Bennett is the former police chief of McCaysville GA.

Jack Taylor Republican Candidate for Sheriff placed ads in issues of the Fannin Focus on 3/3, 3/10, 3/17, 3/24, 3/31, 4/14, 4/21, 4/28, 5/5, 5/12 and 5/19. According to the Fannin Focus advertising rate sheet, number of ads and size of the ads Taylor should have totaled $7,970.63 in advertising with the Fannin Focus. According to Taylor’s Campaign Contribution Disclosure Report he spent $600 in advertising with the Fannin Focus. This left $7,370.63 of unreported spending with the Fannin Focus. Remember all those full page ads Taylor ran in the paper?

Remember the marquee at the Swan Drive-In, “Vote Jack Taylor for Sheriff”? What did Taylor pay Steve Setser, the owner of the Drive-In, for the advertising? Taylor listed Setser on his Campaign Contribution Disclosure, but in the space where a candidate has to give the amount of the contribution, Taylor wrote “Setser“ but would not give a price or “no charge” (You can legally donate goods or services to a candidate {In-Kind} but the candidate must describe the donation and place a value on their campaign disclosure). In-Kind contribution values must comply with campaign finance laws. Setser is required to place a value on his contribution. Steve Setser also donated $463 for T-Shirts and $300 for flyers to the Taylor campaign.

Jack Taylor Swan

Now, that brings us to Johnny Scearce. Scearce is currently the Blue Ridge City Police Chief. Scearce has run for Fannin County Sheriff several times and is used to filling out a “Campaign Contribution Disclosure Report”. One would assume that Scearce would understand he has to list everyone who contributes to his campaign and show all outlets where he has spent money.  According to Scearce’s Campaign Contribution Disclosure Report filed on 6/30, he showed $0 left in his campaign account.

Johnny Scearce Republican Candidate for Sheriff placed ads in issues of the Fannin Focus on 3/17, 3/31, 4/7, 4/14, 4/21, 4/28, 5/5, 5/12 and 5/19. According to the Fannin Focus advertising rate sheet, the number of ads and size of ads Scearce placed should have cost $4,946.89 in advertising with the Fannin Focus. According to Scearce’s Campaign Contribution Disclosure Report he spent $0 in advertising with the Fannin Focus.

johnny brenda 3johnny full page 3

Scearce hired  Kendell Goss as Campaign Marketing Manager. Scearce paid Goss $3,369.00 and listed it as advertising. Sources tell FYN, Goss handled the campaign website, prepared speeches, and campaign video along with other marketing materials.

Let’s just suppose Goss used some of the money to place ads in the Fannin Focus…it still would have to be disclosed! Scearce disclosed that he spent money directly three times with The News Observer and once with WPPI – FM so why wouldn’t he disclose any money paid to the Fannin Focus or place the ad directly himself?

There is no disclosure on who paid for the ads. We could not find one Johnny Scearce or Larry Bennett ad in the Fannin Focus that discloses “Paid for By.” One could understand if the publisher missed one ad but it seems he missed them all! Why not show who is paying for the campaign ads, it’s a campaign finance rule?

Sheriff Dane Kirby spent $0 with the Fannin Focus and placed no ads in its paper.

The publisher of the Fannin Focus is Mark Thomason. If Thomason decided to give the advertising to the candidates for free, the Fannin Focus would still have to be listed on the candidates campaign finance reports with an “In-Kind” amount. If an “In-Kind” was the desired result to benefit the above listed candidates by Thomason, the amounts have far exceeded the campaign contribution limits.

Some questions…Did Mark Thomason extend $13,460.30 of free advertising to three Fannin County Sheriff candidates? Why just the Sheriff candidates? Could they have been in cahoots (colluding or conspiring together secretly)? Wonder how the other candidates who paid for their ads must feel? Wonder what the Georgia Government Transparency and Campaign Finance Commission will think?

Click to read campaign finance reports.

Johnny Scearce 6302016

Jack Taylor 6302016

Larry Bennett 6302016

 

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Related story: Fannin Focus Mark Thomason Arrested, Journalist or Vendetta

 

 

 

Fannin Focus Publisher Mark Thomason Arrested, Journalist or Vendetta?

News

“If someone starts a fire, takes pictures, calls for a fire truck, follows the fire truck to the scene, asks what happened, writes the story, does that make them a journalist or an arsonist?” BKP

Lynn Doss,  Fannin County Attorney, “If (Judge) Roger Bradley was on fire I would throw a bucket of gasoline on him.”

A Pickens County Grand Jury returned true bills on Friday, June 24th and indicted Fannin Focus Publisher Mark Brannon Thomason for 1 count of Identity Fraud, 1 count of Attempt to Commit Identity Fraud, and 1 count of Making a False Statement.  Thomason’s Attorney, Russell Stookey of Hiawassee Georgia, was also indicted for 1 count of Identity Fraud and 1 count of Attempt to Commit Identity Fraud. Thomason and Stookey were released Saturday the 25th on $10,000 bond with conditions. Ashleigh Merchant from Atlanta is Thomason’s Attorney.

Immediately on Monday morning Thomason started looking for any media outlet who would listen to his story. Journalist arrested, claiming his First Amendment Rights had been violated. Repeating to anyone who would listen how he was arrested for making an open records request, requesting checks from the Appalachian Judicial District Superior Court Judge Brenda Weaver and (retired) Judge Roger Bradley claiming the checks appeared to have been cashed instead of deposited.

Thomason knew asserting his rights were violated- Freedom of the Press, Open Records Requests and possible judicial corruption would bring the media out of the woodwork in his defense. He was right. State and National Media outlets and publications have rushed to write “Journalist Jailed.”  Even Georgia First Amendment Foundation wrote “North Georgia publisher jailed in open records matter” and has offered its help to Thomason. In a comment to the Dalton Free Citizen Thomason indicated he plans to file a First Amendment lawsuit because he believes the arrest was a clear example of government “retaliating against a citizen for exercising First Amendment rights.”

Thomason is playing the “poor journalist went to jail” act really well. He made the following comment on his FaceBook page “It’s sad that we live in a world where a message is now being sent to all journalist–you do your job and you just may go to jail!”. Thomason’s quote in AJC “I was astounded, in disbelief that there were even any charges to be had,” said Thomason, 37, who grew up in Fannin County. “I take this as a punch at journalists across the nation that if we continue to do our jobs correctly, then we have to live in fear of being imprisoned.”

 

“Vendetta, a series of acts done by someone over a long period of time to cause harm to a disliked person or group”

As a defender of Freedom of the Press,  before everyone rushes to the defense of the Fannin Focus publisher Mark Thomason, let’s take a look at some of the inconsistencies in his story. We will identify the possibility of vendettas which Thomason and others may have against Judge Roger Bradley and Judge Brenda Weaver.

Thomason’s reason for wanting to see the Judges’ checks he claims is because he received a tip. Sources tell FYN that many of Thomason’s tips came from Fannin County Attorney Lynn Doss.

In the Dalton Free Citizen article Thomason told a reporter while the lawsuits were dismissed, and her request to have attorney’s fees paid were denied, Thomason received another tip that the court reporter’s legal expenses were paid out of public funds, viz. Judge Weaver’s court expense funds that are paid out of the Fannin County general fund budget. That’s when Thomason made the open records request for the checks.  

This statement may be inconsistent with the facts. Thomason’s claim that he wanted the checks to prove how the court reporter Rhonda Stubblefield’s legal expenses had been paid may not be valid. Why would he need this when he has the letter? Judge Brenda Weaver sent a letter on November 24, 2015 to Gilmer County Chairman Charlie Paris, Pickens County Chairman Rob Jones and Fannin County Chairman Bill Simonds. The letter explains the reasoning for approving the payment of Stubblefield’s legal expenses from Judge Bradley’s operating account. Judge Weaver asks for the Chairman to contact her if they have any opposition to the payment.  Thomason had a copy of the letter. Thomason even wrote an article in his paper concerning Weaver paying Stubblefield’s legal expenses.

Thomason has never commented about the fact that he lost the case he brought against court reporter Rhonda Stubblefield. Thomason’s claim that audio in the courtroom did not match the transcript was never proved. Thomason and his Attorney Russell Stookey put on quite the show during the court proceedings. Claiming there were several witnesses who could prove the audio and transcript had been altered. Judge Martha Christian accepted their request to depose and present witnesses. On the day of the trial when the court read the list of depositions entered into evidence several were missing.  Mary Beth Priest,  attorney for Stubblefield, questioned the missing depositions. Judge Christian asked Stookey about the depositions which were missing from the witness list. Stookey seemed surprised and, after a short recess, reported to the court that they found out that the court reporter had not been paid so she did not file the depositions in the Clerk of Courts office. Stookey told Judge Christian that they were in the process of paying the court reporter and the depositions would be filed. Although this caused a delay in the case Judge Christian accepted having the depositions filed at a later date for her to read. It appeared Judge Christian was giving Thomason and Stookey every opportunity to prove their case. In court Stookey always liked to play the F.B.I. is investigating the case and his client is being followed and is in fear for his life. Judge Christian ruled that Stubblefield filed the transcript in question properly with the clerk’s office and there was no evidence the audio had been altered.

Who was adding fuel to the fire and pushing Thomason on what to do next? I remember Lynn Doss coming into the courtroom and sitting next to Thomason. In the back of the courtroom the two of them would review paperwork and Doss would whisper into Thomason’s ear.

So was Thomason being the great investigative reporter everyone is giving him credit for or just staying focused on the agenda and vendetta. Doss had nothing to do with the case so why was she sitting in the back with Thomason during the case. Doss is the Attorney for Fannin County, Fannin County Water Authority, and Fannin County Board of Education along with her private practice. I am sure she had much more pressing issues to handle rather than to be sitting in the courtroom with Thomason whispering in his ear. Maybe a vendetta.

This was never about Rhonda Stubblefield. She was the one caught in the middle of the vendetta. Do you think Lynn Doss and Mark Thomason are just trying to do the right thing by Ray Green you know, aka  N…. Ray?

From an artical in Gawker.com

Thomason, whose dedication to this courtroom slur story is really something else, had his lawyer file paperwork in an attempt to legally compel the stenographer, whose name is Rhonda Stubblefield, to release the audio recording. She filed a counterclaim, asking Thomason for $1.6 million in damages(!) for allegedly defaming her in his story by implying that her transcripts might not be completely accurate. A judge closed Thomason’s case against Stubblefield, and Stubblefield dropped her counterclaim.

 

Didn’t quite happen that way. Stubblefield did not drop her $1.6 million defamation case because Judge Christian closed Thomason’s case against her. Thomason lost his case. When Thomason lost it basically confirmed that most likely Stubblefield would win the $1.6 million defamation case.  

 

When FYN asked Stubblefield’s Attorney Mary Beth Priest why they dropped the case she told us they could not find any value in the Fannin Focus or Thomason personally. Thomason claims to be the owner of the paper. Sources tell FYN that Thomason lives in his mother’s basement. In May the Fannin Focus was served a dispossessory notice on its office space in the amount of $16,000 for back rent.  In 2009 Ford Motor filed a Fi Fa (Writ of Fieri Facias) in the amount $18,638.73.

On January 21st of this year Tonya Nuelle filed a complaint in Fannin Magistrate court stating “I loaned Mark $3,300 on 10/04/15 he promised to pay me back in full on 10/31/15. He has paid me nothing as of to date.  Sources tell FYN there is a list of people that have loaned Thomason money who have not been repaid. Mystery surrounds the source of revenue for the Fannin Focus. Stubblefield’s attorney told FYN after the research on Thomason and the Fannin Focus her client was going to have to invest a lot of money into a court case and come out with basically a worthless piece of paper.

Thomason told the Dalton Free Citizen Dalton “ According to the rural north Georgia journalist, he simply made open records requests that made people in powerful positions angry.”

 

Again not a true statement. Thomason was never denied an open records request.

Thomason sent an open records request to Fannin County CFO Rita Davis Kirby for copies of checks. When Kirby sent Thomason the cost from the bank to get the checks and redact them she never heard back from Thomason. Thomason was not denied the open records. FYN has a copy of an email Pickens County CFO Faye Harvey sent Thomason concerning his request for the checks.  

From: Faye Harvey  Sent: Tuesday, June 14, 2016 9:35 AM To: [email protected]

Cc: Robert Jones; Deborah Watson Subject: Open Records request

I received your request for documents regarding the Judges’ quarterly operating expense for the previous 3 years. I estimate that the retrieval and printing of the cleared checks from our bank account archives will take 3.5 hours and can be done by my assistant, whose hourly rate is $18.00.   The cost for performing this request is $58.50 for personnel time plus $2.40 for copies.  Please forward payment in the amount of $60.90 and we will begin compiling the requested information. I am attaching a copy of Pickens County’s open record request form which is on the county website pickenscountyga.gov under the “Pickens County” tab on the home page. Best regards, Faye Harvey, Finance Director Pickens County Government

 

Faye Harvey never received a response from Thomason. No one denied Thomason the checks through open records request. Another false statement from Thomason. If Thomason would have received the checks through open records request the account and routing numbers would have been redacted.

So how did he and his Attorney Russell Stookey get copies of the checks? Could it have been Lynn Doss? Did Lynn Doss misuse her position as County Attorney to get the checks and then give them to Thomason and Stookey with the account numbers still on the checks? Maybe the District Attorney missed one indictment in this story?

Why did Thomason think the checks had been cashed instead of deposited? What would lead him to believe the numbers on the check indicated they had been cashed. How did he know what was on the checks? Would he once again be following the lead of Lynn Doss. We understand Doss told people a local Bank Executive Manager said the numbers on the checks indicated an override and the checks had been cashed. Wonder if Thomason heard this from Doss? We understand the Bank Executive denies telling anyone what the numbers indicated. The Bank Executive is on the witness list which District Attorney B. Allison presented to the Grand Jury.

Pickens County CFO Faye Harvey, Gilmer County CFO Sandi Holden, and Fannin County CFO Rita Davis Kirby released a statement stating they had reviewed the front and back of each check and all checks appear to have been endorsed properly (Deposit Only) and deposited into the proper accounts. The Statements are posted at the bottom of this article.

There is a difference between a motion for evidence using a subpoena and an open records request. So if the case is closed, Stubblefield has dropped her case and you know for a fact that Stubblefield’s legal expenses have been paid out of Judge Bradley’s operating account why push so hard for checks? To prove what?

Maybe Lynn Doss? Doss’s husband resigned as a Superior Court Judge as the JQC was preparing to recommend formal charges for Harry Doss in 2009.

“Judge under state investigation resigns

By TOM CRAWFORD | Published: NOVEMBER 9, 2009

Judge Oliver Harris “Harry” Doss Jr. of Blue Ridge, who was facing the possibility of a trial before the Judicial Qualifications Commission on charges concerning his behavior in courtroom proceedings, has resigned his Superior Court judgeship effective Dec. 5.In his resignation letter to Gov. Sonny Perdue, Doss said he was told that the JQC, using “newly discovered information,” was going to file formal charges against him. Those charges could be avoided, Doss said, if he resigned from the bench by Nov. 7; his letter of resignation is dated Nov. 6.”

Lynn Doss made the remark to FYN in the past that she thought Brenda Weaver and Roger Bradley were involved in her husband’s JQC investigation that eventually lead to her husband’s resignation.

Lynn Doss has such a dislike for Roger Bradley she didn’t even want to have Bradley preside over one of her cases. When Scott Kiker became Probate Judge Chief Judge Brenda Weaver entered a recusal order for all Judges in the district to not preside over Kiker’s cases. Knowing this Doss went as far as to have Fannin County Probate Judge Scott Kiker enter an appearance on one of her cases to force Bradley to recuse himself and have the case assigned to a visiting Judge. Lynn Doss and Scott Kiker are co-counsel on several cases and her husband Harry Doss is the Fannin County Probate Court Public Defender where Kiker is the Judge. Interesting.

Vendetta? Maybe.  Rogers gone, now Brenda? Maybe Kiker wanted one of the open Superior Court seats? He interviewed for the seat with Governor Deal. There is much more to this part of the story we don’t have time for today. Oh, by the way, Mark Thomason is Scott Kiker’s cousin. Just say’in.

Questions surround Thomason’s bond conditions. First let’s look at the drug testing. Thomason is no stranger to court ordered drug testing. Just check court records. In Thomason’s divorce, which Judge Bradley presided over in 2011, in Thomason’s ex-wife’s petition for full custody of the two minor children, she made a statement to the court that while the children were in Thomason’s custody he used illegal drugs. Judge Bradley awarded full custody of the two minor children to his ex-wife and gave Thomason supervised visitation. Court records show that Thomason has been in contempt of the order several times for back child support. Judge Bradley even ordered Thomason arrested in the past for his neglect to pay his child support. Maybe some reasons for a vendetta against the judge? Just this May, Division of Child Support Services issued a Complaint for Contempt against Thomason for back child support in the amount $2,004.00. Sources tell FYN Harry Doss may be his attorney in this matter.

On June 5th 2012 Fannin Magistrate Court issued a warrant for Thomason’s arrest for theft by taking. Jeffery Meeks claimed Thomason took $350, a checkbook, a birth certificate, a social security card and other miscellaneous papers from his car. Thomason was released on a $1,000 bond.

Thomason says one of his bond conditions is he can not be within 200 yard of the witness the District Attorney plans to call in the case. Some of the witnesses include Lynn Doss, Rita Davis Kirby, Ruth Jordan, Scott Kiker, Bill Simonds, Robert Jones, Melissa Queen, Dana Chastain, and Carol Caywood (Stearns Bank). There are several more.

So Mark Thomason and his Attorney Russell Stookey want you to believe that District Attorney B. Alison Sosebee presented this to a grand jury made up of sixteen Pickens County Citizens who don’t even know who they are but returned a true bill indicting Thomason on three counts and Stookey on two counts because Thomason angered some powerful people with a open records request. I can’t wait to watch this play out, maybe more indictments to come.  Journalist jailed or Vendetta?

Appalachian Judicial Circuit District Attorney Alison Sosebee told the AP on Friday that the false statement “has nothing to do with an attempt of Mr. Thomason to access records utilizing the Open Records Act.”

She said the charge “specifically relates to the statement that he included within his request.” Sosebee said she couldn’t elaborate on the charges since the case is open but that the charges related to Thomason and Stookey’s use of the subpoena were “based on a totality of the circumstances.”

One should question why the online news network who wrote “Video Journalist Forcefully Removed From Republican Meeting!” and was a guest of Nydia Tisdale’s at this past years Georgia First Amendment Foundation Banquet has not written a story in defense of Thomason? Because there is much more to the story that Thomason is sharing with all who will listen.

The way Thomason’s publication, the Fannin Focus,  reads one may get the idea they have an agenda. An article in the AJC by Rhonda Cook stated Judge Brenda Weaver said others in the community were using Thomason to get her. “It’s clear this is a personal vendetta against me,” she said. “I don’t know how else to explain that.”

The vendetta against Judge Weaver and Bradley go way back for Lynn Doss and Mark Thomason. Both for different reasons. When Bradley used the racial slur in the courtroom, “N” Ray, Doss was quick to let everyone who would listen know what the Judge said. She called FYN to tell us what happened. You could hear the excitement in her voice as she explained what Bradley said in the courtroom. She exclaimed this is big. I don’t see how Bradley will survive this one. FYN told Doss we would start gathering the facts so that we could write the story. In a Dalton Citizen article by Jim Zachary, Thomason said Back in early 2015 he had gotten wind of another local judge using racial slurs in open court. That wind was Lynn Doss. FYN received the same wind from Lynn Doss. When Doss contacted FYN about the story she let us know Mark Thomason was already on the story.

Doss called FYN the following day to inquire about when we would be writing a story concerning what Bradley said in the courtroom. I told Doss that at this time I could not verify  what took place in the courtroom and did not know who said what. Accusations were being made about several people and I needed more information before I could write anything. Her tone noticeably changed and she became angry. That is when she told me,  “If Roger Bradley was on fire I would throw a bucket of gasoline on him.”

This comment made me realize she was more interested in me being a part of her vendetta against Bradley than FYN writing an accurate story for our readers. It was clear that this was much more to her and Thomason than a racial slur.

Wonder if Fannin County Attorney Lynn Doss will ever have to explain that comment and just how far she would take her vendetta against both Superior Court Judges Roger Bradley and Brenda Weaver. We may soon find out.

Allen Duray Green AKA Ray Green AKA N….Ray. I met Ray Green approximately 13 years ago in Union County on a construction job site. I was waiting to meet Ray concerning some building materials he wanted to purchase. When Ray showed up he got out of his truck and introduced himself to me as N…. Ray. I said Mr. Green, he stopped me and said everyone calls me N…. Ray. I am the N…. of Union County.  So when Ray Green says with tears in his eyes that he is so hurt because he has never been N…. Ray, he is Ray Green. That is a lie. Click here to watch my video interview with Ray Green. When Thomason sued Rhonda Stubblefield over the court audio one of his witnesses, Walter Liete, in his deposition under oath admitted to  how Ray Green referred to himself. N…. Ray. Wonder if Thomason knows this?

Judge Bradley was hearing a bond revocation motion for Robert Vivian AKA Robo the day the racial slur was used in the courtroom. The District Attorney’s office was asking for Vivian’s bond to be revoked based on accusations that Vivian was threatening witnesses in his case. Ray Green was in the courtroom as a witness for Vivian. Vivian and Green were business partners in construction. The transcript showed that the Assistant District Attorney Martin referred to Ray Green using his street name N…. Ray. That lead to Judge Bradley to ask if N…. Ray was relation to a Fannin County man back in the 70’s who everyone referred to N…. Bob. The Judge said in the transcript he was not saying that disparagingly. Everyone knew Bob referred to himself as N…. Bob. FYN knows this to be true on both accounts, Ray and Bob. Click to read court transcript.

 

A couple of months after Vivian’s Bond revocation hearing where the racial slur was said Vivian pled guilty in front of Judge Amanda Mercier in a Gilmer County Courtroom. FYN was present. Vivian was sentenced for one count of arson, one count of burglary, and one count of theft by taking. Sentenced to 30 years and to serve 9 years with the balance to be served on probation. Robert Vivian and Ray Green with the help of Mark Thomason did everything they could to use the “N” word to muddy the waters in Vivian’s case.

You see I could write much more I was there and can tell the story in detail.


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Superior Court Judge Weaver Drops charges, Publisher Mark Thomason will not stand trial

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District Attorney B. Alison Sosebee received a request from Superior Court Judge Brenda Weaver to drop the charges against Publisher Mark Thomason and Attorney Russell Stookey.  Sosebee will not prosecute and filed a nolle pros this morning, July 7th in the Pickens County Court system and awaits a judge’s signature.  Judge Weaver cites reasons in letter below:

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Fannin Focus Publisher Mark Thomason Arrested along with Thomason’s Attorney Stookey – Transported to Pickens Jail

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Fannin Focus Publisher Mark Thomason and his attorney Russell Stookey were arrested late Friday afternoon and transported to the Pickens County Jail.  Earlier in the day a Pickens County Grand Jury indicted Thomason on 1 Count of Identity Fraud, 1 count of Attempt to Commit Identity Fraud, and 1 count of Making a False Statement.  Thomason’s Attorney, Russell Stookey of Hiawassee Georgia was also indicted for 1 count of Identity Fraud and 1 count of Attempt to Commit Identity Fraud.  Thomason’s booking report is below, Stookey’s booking report will be published when available.

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See related link:  Fannin Focus Publisher Mark Thomason Indicted along with Thomason’s Attorney Russell Stookey

Fannin Focus Publisher Mark Thomason Indicted along with attorney Russell Stookey, 1 Count Making False Statement, 2 counts Identity Fraud

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A Pickens County Grand Jury returned true bills on Friday, June 24th and indicted Fannin Focus Publisher, Mark Brannon Thomason for 1 count of Identity Fraud, 1 count of Attempt to Commit Identity Fraud, and 1 count of Making a False Statement.  Thomason’s Attorney, Russell Stookey of Hiawassee Georgia was also indicted for 1 count of Identity Fraud and 1 count of Attempt to Commit Identity Fraud.  FetchYourNews.com has confirmed with Authorities that Mark Brannon Thomason was arrested Friday evening, June 24th.  FYN will have a full report Monday Morning.

Below you can read the indictment – FYN is working on the complete story.  Tune in Monday Morning at 8 am to Good Morning from the Office – go to FetchYourNews.com and click on FYN TV and watch the full report from BKP.

#FanninCartal  #GMFTO  #BKP

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