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Judge Takes Motion To Dismiss Mitchell Mayoral Election, Testimony Continues
Updated January 14, 2016 7:48 AM
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(BEDFORD) - Special Judge E. Michael Hoff has taken the motion to dismiss the Mitchell mayoral election under advisement, but testimony continues in Lawrence County Circuit Court.

Wednesday morning John "JD" England's attorney Dave Smith asked the judge to dismiss the action because Dan Terrell and his attorneys, David Brooks and William Mullis, failed to provide in "good faith" evidence to file the case.

Dan Terrell, who lost in the November election by four votes to England and then requested a recount, is now asking for a new election.

Terrell's Attorney David Brooks claims that Lawrence County Clerk Myron Rainey, his staff, the absentee ballot board and the election board; acting alone or together; committed an act or series of acts that would make it impossible to determine which candidate received the highest number of votes and that the court should order that a special election be held. Brooks says at least 40 votes were intermingled with legitimate one saying the election was unfair.

While waiting for Judge Hoff to rule on the dismissal, Terrell's attorneys began presenting evidence.

They first called Lawrence County Auditor Jody Edwards to the stand.

Edwards testified to two homestead deduction forms.

The first was for former Mitchell mayor Jerry Hancock.

Edwards testified that Hancock had claimed the deduction on property at 7152 Suddarth Lane in Mitchell.

Mullis then provided a property card for Hancock Construction at 4000 State Road Ind. 37 in Mitchell.

England's attorney Cody Kendall objected to the evidence on relevance and foundation.

Then Mullis presented a homestead deduction form for James Crane for property at 1611 11th Street in Bedford. Edwards again testified to the authenticity of those documents.

Again Kendall objected to the evidence.

Nathan Harrison who lives at 631 South 11th Street in Mitchell testified that he rents the home from James Crane and has lived at that property since June 2015.

The court then broke for lunch and testimony will continue this afternoon with Clerk Myron Rainey.



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