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Judge Takes Mitchell Mayoral Case Under Advisement
Updated January 14, 2016 7:52 AM
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(BEDFORD) - Testimony continued before Special Judge E. Michael Huff Tuesday afternoon in Lawrence County Circuit Court in the Mitchell Mayoral case. But after all the testimony no ruling was made.

Judge Huff will take the motion to dismiss filed by John "JD" England's attorney Dave Smith and all the evidence presented under advisement and rule at a later date.

Taking the stand after the morning break was Clerk Myron Rainey, who was asked by Dan Terrell's attorney David Brooks about election procedures, state statues. Brooks questioned Rainey's handling of the election and if he followed state statues and security measures for storing election results and ballots.

Brooks also brought attention to what he alleged were 16 absentee votes that were illegally opened and resealed, 12 disenfranchised absentee votes and 20 votes cast by residents that had also received absentee ballots.

Rainey was also asked about Jim Crane's voting address. Crane listed his place of residence on the voting log as 631 South Seventh Street. In earlier testimony those in the courtroom learned was the address of Crane's rental property.

Rainey did admit that some mistakes were made by not follow several election statutes, but said he wasn't aware of all of the statutes before the election. He also testified that he never intended not to comply with those statues, but admitted that he did have an increase of absentee votes this election, and had never dealt with that volume before.

Voter Registration Clerk Heather Dela Cruz was asked some of the same questions. She was also asked to confirm Jerry Hancock's address on his absentee vote. Hancock listed is address at 4000 State Road 37 Mitchell. From earlier testimony confirmed that address was of his business Hancock Construction.

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.

But Dave Smith says the judge should dismiss the action because Dan Terrell and his attorneys failed to provide in "good faith" evidence to file the case.

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