April 2009
Court Reverses DA Fachini's Conviction of Unadilla Police Chief Smith
 
 

 

 

In an interview with Sumter County NAACP President Matt Wright, he announces that the GA Appeals Court released former Unadilla Police Chief Leonard Smith. He was sent to prison after District Attorney (DA) Denise Fachini allegedly trumped up charges that Smith signed overlapping time cards with his other job at Fort Valley. President Wright discovered that Smith was a salaried employee who was not on any time clock.


President Matt Wright discovered in his investigation that Chief Smith supported a Black woman named Anjanette Slaughter who was improperly arrested by a Unadilla police officer. She was arrested, abused, and tied up in a chair by the officer. Ms Slaughter sued the city for the improper arrest. At that time, Chief Smith was not the Chief; he was just a regular officer. He was prepared to testify in court that Ms Slaughter was abused by the arresting officer. Matt Wright has documents that show city attorneys saying that something has to be done about Smith. He was the number one witness against the city. He was later promoted to Chief of police to see if he would abandon his support of Ms Slaughter. Leonard Smith refused to change his position.
That is when DA Fachini allegedly trumped up charges to eliminate Chief Smith. He was accused of stealing time from the city because he worked part time in Fort Valley. According to an article dated March 22, 2009 in the Cordele Dispatch newspaper, Chief Judge C. J. Miller overturned DA Fachini's conviction of Chief Leonard Smith and he will be released from prison. A Dooly County jury convicted Smith for signing the overlapping time cards with both Unadilla and Fort Valley Police Departments. Smith was sentenced to five years in prison August of 2007. Judge Miller ruled in the Georgia Court of Appeals that the State failed to notify Smith when the proposed indictment would be presented; we conclude that Smith's convictions must be set aside.


Through his attorney, Stephen Hollomon of Warner Robins, Smith presented the state court with three reasons for overturning his conviction. The court agreed with only one of those appeals. The law stipulates that "a copy of the proposed bill of indictment shall be served on the accused public officer at least 15 days before it is presented to the grand jury. The accused shall have the right to appear before the grand jury to make such sworn statement as he or she shall desire at the conclusion of the presentation of the state's evidence".
Smith says he received a copy of the proposed indictment more than 15 days before it was presented to the grand jury; however, he was not told a specific date that the jury would see the indictment ,and he is entitled to that information. The higher court agreed.


DA Fachini has been embroiled in a heated case after she had a grand jury indict four Black City Councilpersons for allegedly making a pay advance of twenty-five hundred dollars ($2,500.00) to Chief of Police Leonard Smith. Fachini empaneled the grand jury accusing the four Black city councilmen with theft and violation of oath of office and violation of the open meeting act.


Several NAACP branches formed a coalition and filed a complaint against DA Fachini that was submitted to the GA State Attorney General Thurbert Baker and other State and National agencies. The NAACP coalition charged Fachini with discriminatory acts and abusive actions performed on behalf of White elected and former City officials of Unadilla and Dooly County. They acted as a group unlawfully to deny its Black citizens equal political representation and equal protection under the laws of the constitution of the United States and the laws of the State of GA.


Tony Lester, Dexter Whittaker, Jeffery Minor, and Dr Bobby West were arrested July 18, 2008, after indictment by the grand jury. DA Fachini lost another battle as she tried to get Attorney General Thurbert Baker to remove two of the currently seated city councilmen from office and Baker refused thereby handing Fachini another defeat. The trial for the city councilmen is pending.


President Wright reported that he was informed by two citizens from Dooly County that DA Fachini and at least two judges are allegedly under investigation by the FBI for how they pursued Chief Leonard Smith and the four Black City Officials. "DA Fachini is under heavy fire and is allegedly considering resigning," said Wright.
 

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