Wilkinson County court saga continues

Published 12:00 am Friday, January 4, 2008

WOODVILLE — The seemingly never-ending Wilkinson County election hearing has been halted once again due to the illness of one attorney involved in the case.

In the meantime Judge Jim Persons, presiding over the case, rescheduled a felony contempt of court charge hearing issued by the Mississippi Supreme Court against Circuit Clerk Mon Cree Allen.

On Aug. 22, Allen was ordered by the court to allow candidates Jeanette “Lynn” Tolliver-Delaney, Kirk Smith and Jessie Stewart and their lawyers to examine ballot boxes from the Wilkinson County primary election.

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Delaney, Stewart and Smith allege the ballot boxes were tampered with.

Allen has been charged with contempt of court for his alleged refusal to provide access to election ballot boxes in the highly contested Wilkinson County election.

Allen did not take the stand at all on Thursday, the first day of the hearing.

Instead, Allen’s attorneys filed three petitions on Wednesday that would have effectively halted any action at all on Thursday.

One of the petitions requested a jury trial for the case. The second petition was a request to exclude photo evidence taken on the night that Allen allegedly refused access to the election boxes. The third petition asked that the trial be halted due to the illness of one of the attorneys.

However, the ill attorney, Carroll Rhodes, was not representing Allen.

None of the petitions held up in Thursday’s trial.

Publisher of the Woodville Republican Andy Lewis was present on the night of Aug. 22, and testified to the night’s events.

Allen’s attorney’s petition attempted to bar photos Lewis took that showed empty ballot boxes being examined.

Lewis testified that on the night of Aug. 22, some of the ballot boxes that should have had ballots actually contained none at all.

The heart of Lewis’ testimony was centered on his depiction of Allen’s refusal to provide specific ballot boxes that where requested.

Lewis testified Allen told those present on Aug. 22 that he was in charge and would bring out the boxes in the order he determined.

Delaney, Smith, Stewart and their attorneys repeatedly asked Allen to provide the boxes from districts two and four, Lewis said.

Lewis said when attorneys asked for access to the boxes, Allen was difficult to get information from.

“When they (attorneys) asked when certain boxes would be brought out Allen said ‘I have not decided yet,’” he said.

One of Allen’s deputy clerks, Davasha Nelson, also testified on Thursday. She was also present on the Aug. 22.

Smith’s attorney Ben Piazza Jr. questioned Nelson about her role on that night.

Piazza repeatedly asked Nelson about Allen’s behavior during the night of the examination.

Nelson said she could not recall any matters dealing with requests made by attorneys, or type of timetable from the night of the Aug. 22.

“I don’t recall that,” she said repeatedly.

The trial will resume at 9 a.m. today.