The embattled and defeated District Attorney Denise Fachini lost another court case in Unadilla, Ga. Fachini is the DA for the Crisp District. She was defeated by Attorney Chevene B. King, Jr., Albany, GA., who represented Unadilla City Councilman, Dexter Whitaker, one of the four members of the Unadilla city council who were indicted last year by Fachini. A Dooly County Jury failed to reach a verdict in the trial of Whitaker. The hung jury, comprised of eight Blacks and four Whites, took about five hours to deliberate late July 30 before determining that the deadlock could not be broken and that a guilty verdict was not possible.
Dexter Whitaker was supported by several NAACP branches that represented fourteen counties. There was an initial complaint filed against DA Fachini by the band of NAACP branches accusing her of discriminatory and abusive acts against the four Black city council members when she arrested them to try and remove them from the Unadilla city council.
Attorney King questioned whether the actions by Fachini were part of selective prosecution. "Whites engaged in the same conduct as Blacks but Whites were not prosecuted," King said.
"It is absolutely unfair: a conduct that's designed to intimidate Blacks and stop them from funning for office," said Attorney George McGriff of Atlanta, GA.
The other Unadilla City Councilmen are, Dr. Bobby G. West, Tony Lamar Lester, and Jeffrey D. Minor, all Black. Also at the center of the issue are former Unadilla Police Chief Leonard Smith and city administrator Ronnie Brand [White]. "The city administrator, Brand, cut a check that was a loan made to former police Chief Leonard Smith and sought Mr. Whitaker and Mr. Minor to sign the $2,500 check. Mr. Brand did not ask the mayor [Charles West] and one other White councilman [Greg Speight] to sign the check. It appears to have been a conspiracy when the city administrator bypassed two Whites to get the signatures of two Blacks. The check was not cashed for six days, if anyone thought the act was improper, a stop payment could have been made before the Chief cashed it. There was deliberate intent to try and get Mr. Whitaker's and Mr. Minor's signature for DA Fachini to use in her feeble attempt to put both men in jail and most importantly, to get them off the city council," says Matt Wright, NAACP president in Sumter County. Further Wright added, "Chief Smith written request was for an advance payment and the city records show that Chief Smith actually repaid the advance back."
Unfortunately, Councilmen Tony Lester and Jeffrey Minor plead guilty and were fined and given probation. We were greatly disappointed with both men and their counsel for pleading guilty for something that they did not do. The evidence was overwhelming that Fachini was acting in coordination with White city officials to take steps to remove Blacks officials off of the Unadilla, GA city council that was once the majority.
"It is my opinion that this case was completely racially motivated, whereas city documents show White officials making advances and loans to employees and citizens of Unadilla, GA., some up to $35,000 and many were never paid back," said Matt Wright, president in Sumter County.
The NAACP joint complaint states that DA Denise Fachini's actions were done and were performed by and on behalf of White elected and former officials of the City of Unadilla and Dooly County, joining together as a group, with the intent to unlawfully deny to its Black citizens equal political representation and equal protection under the laws of the State of Georgia," according to the written complaint.
The four men were accused of using city funds to write the check to Smith that was purported to be a personal loan," an action outside the group's authority, according to the indictment Fachini was able to obtain. The complaint adds that the investigation was initiated against the Black elected officials a year later and even after it was clear that there was a repayment plan and that the money was being deducted from Chief Smith's pay.
During the trial of Mr. Whitaker, DA Fachini had special agent Alfonza Hagan [Black] from the GBI to testify for the state concerning his investigation. Special agent Hagan noted in his investigative summary that Mayor Charles L. West had provided him with timecards belonging to Gail Kendrick, Carlos Wilson, Jennifer Peaster and Lucus Lnu. Special agent Hagan further noted that Mayor West didn't know what the significance of the timecards were, but they were left in the copy machine, and Mayor West felt that at some point they may have some significance.
Local NAACP President, Wright states that, "it became perfectly clear what the significance of Gail Kendrick's timecard would be used for. Ms. Kendricks had been involved in two counts of theft herself from the city, before the charges were brought against the four Black councilmen. However, Ms. Kendricks was allowed to make a deal with the city officials and was given permission to repay stolen funds for her testimony against Mr. Whittaker. City documents show that Ms. Kendricks did repay one of the stolen amounts back in full. After the investigation began concerning the four Black councilmen, the original deal made with Ms. Kendricks was taken off the table and a second deal was offered by Special agent Hagan who told Ms. Kendricks that if she would cooperate with him concerning the four Black councilmen he would make the second count go away, gave her a deadline to meet, or she would be arrested. Ms. Kendricks told Special agent Hagan that she had no information that would incriminate any of the councilmen. Special agent Hagan made good his threat and on October 31, 2007 at 11:20 am, warrant # 07-1049FW was signed by Special agent Hagan. Gail Kendricks was arrested because she refused to cooperate. We have a written and signed statement from Ms. Kendrick," Wright said.
The NAACP joint complaint also points out that it has been a common practice for the previous and current Mayor and City Council members of Unadilla, to grant council members and resident's loans. Employees of the city have been granted pay advances, but there had never been any related accusations, arrests, indictments, or prosecutions until the accusations lodged against the four Black council members.
The complaint cites loans made to Helen Lyman of Unadilla, Betty Mullins of Hawkinsville and Lavelda Branen of Vienna. In the complaint are official city documents and records that clearly show that there were thousands of dollars in loans made through the use of a rehab program and an employment incentive program. It also includes an interesting loan to Tommy Kersey.
Kersey advised the city at the time of the loan that he possibly could not pay back the loan in a timely manner; however, the City loaned him the money for a horse arena, ran water and sewerage to his business and paved around the building.
The citizens are moving to recall DA Fachini because of abuse of her power as a DA and for selective prosecution against Blacks. The fourteen NAACP counties will assist citizens of Crisp and Dooly counties in their effort to remove such a cold and ruthless official such as Fachini," says Dr. John Marshall, publisher of the Americus Sumter Observer newspaper in Americus, GA.