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DA Fachini: We
Got Her! |
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DA Denise
Fachini |
Dexter Whittaker |
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Staff Reports |
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In a court order signed on July 16, 2010 by Judge John Pridgen, District Attorney Denise Fachini of Crisp Circuit moved to Nolle Prosequi the indictments/accusations on all counts against City Councilmen Dexter Whittaker and Dr Bobby West. Nolle Prosequi in laymen's terms means that DA Fachini did not have substantial evidence to prosecute these men. She especially went after City Councilman Dexter Whittaker and took him to trial and got a hung jury. She was able to get two other City Councilmen, Jeffrey Minor and Toney Lester to plead guilty for something they did not do. But Dr West and Whittaker stood their ground until this victory.
Earlier this year DA Fachini suffered another defeat when the Appeals Court overturned her conviction of former Police Chief Leonard Smith of Unadilla, GA.
On July 15, 2008 Fachini had four (4) successful Black Council persons arrested for theft (the making of a pay advance of Twenty-five Hundred dollars $2,500 to Chief of Police, Leonard Smith), violation of oath of office and violation of the Open Meeting Act. In March 2007, the Georgia Bureau of Investigation (GBI) made contact with Mr. Toney Lester, Mr. Dexter Whittaker, Dr. Bobby West, and Mr. Jeffrey Minor, who are all Black, and advised these elected officials that they were being investigated about a $2,500 payment that had been paid to Mr. Leonard Smith, who was the Chief of Police at the time. Ms. Denise Fachini, District Attorney of the Crisp Circuit, with the involvement of the Mayor Charles West and other former and current officials of the City of Unadilla, was directly responsible for the investigation of the Black elected officials. The Whites who led the conspiracy to remove the Black elected officials were: Russell Anderson, Mayor Charles West, Councilperson Greg Speight and City Manager Ronnie Brand. It was reported that former White Councilperson's and citizens were involved however, the level their of involvement has not been established yet.
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Fachini was able to intimidate Minor to plea to a lesser charge and he agreed to never run for public office again. Later, Fachini was able to influence Toney Lester to agree to some type of questionable deal.
Whittaker and West stood their ground and took Fachini head-on because they had not committed any crimes and they were not about to give Fachini and her White counterparts an undeserved victory.
Whittaker was brought to trial and was not convicted. The jury was hung, while Fachini and her friends had cost the taxpayers far more money with a trial than the Two Thousand Five Hundred Dollars ($2,500) that the four (4) Black Councilpersons allegedly misappropriated. Records showed that the $2,500 loan was repaid in full plus a penny over.
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Records
also showed that former White
Councilperson Ware Peavy
received a loan of $113,595.00
from an all White City Council
and never repaid the City of
Unadilla. Further, in 1996 or 97
former White Police Captain
Sherman Clark received a loan of
$35,000 and never repaid the
City of Unadilla. Records in the
City Clerk's Office show an
extensive list of citizens who
got money from the City of
Unadilla. The City was never
paid back by many of those
people. The Black Councilpersons
were unfairly charged with
misappropriating a few hundred
dollars by making a legal loan
to the Black Chief of Police
which was repaid in full.
The District
Attorney's abuse of power,
malicious and selective
prosecution led to the violation
of these four (4) Black
Councilpersons' civil rights.
Reverend Dr. West's case was
never brought to trial, however
he has had to endure public
humiliation, family
embarrassment and his leadership
as a pastor of his churches all
have weighed negatively on his
reputation as an upstanding
Christian citizen. Dexter
Whittaker lost his job because
of the indictment and other
humiliations.
DA Fachini
pulled a legal maneuver to avoid
a lawsuit by Whittaker and West
with a Nolle Prosequi. If the
two councilmen had gone to trial
and were acquitted, Fachini
Crisp Circuit and the City could
be sued for malicious
prosecution.
Several NAACP
branches signed a complaint in
protest of the malicious actions
by DA Fachini, those branches
are: Dooly, Sumter, Macon, Ben
Hill, Dougherty, Clay, Randolph,
Worth, Wilcox, Muscogee, Lee,
Tift, Turner, Rochelle, and
Crisp counties. It was clear to
the branches that signed this
complaint that this was an
action of conspiracy by Ms.
Denise Fachini, District
Attorney, and the current mayor
and former officials of
Unadilla, GA; with the clear
intent and purpose to destroy
the majority Black
representation that Blacks had
on the City Council of Unadilla.
There is the further intent to
use this act as a tactic to
intimidate and prevent Blacks
from seeking public office.
The NAACP State
Conference's President Edward
Dubose came to Unadilla when the
indictments were initially given
and a protest /prayer vigil took
place. Mr. Dubose made a second
appearance in Unadilla and he
wasn't heard from since. The
Sumter County branch of the
NAACP and the Americus Sumter
Observer Newspaper kept the heat
on DA Fachini, monitored the
problems of the victimized city
councilmen, and kept the
citizens of Dooly County
informed until victory was
achieved, says president Matt
Wright. |
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Sumter Observer 217 Forrest St.
Americus GA
31709
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