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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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