Certain Aspects Of Investigation Still Ongoing
posted April 7, 2003
District Attorney Bill Cox said Monday that an examination of election records by the Tennessee Bureau of Investigation from the May primary did not turn up any criminal misconduct.
"There was nothing found to indicate that the election results were not genuine," Mr. Cox said.
He said an examination of fail-safe affidavits and absentee ballots "did not indicate that they were either fabricated nor was there any criminal fraud."
Mr. Cox said the TBI has returned the records to the election office.
The TBI said certain aspects of the investigation are still ongoing.
Jerry Summers, attorney for the Election Commission, said certain election records that had been sought by the Chattanooga Times Free Press were now being turned over to the newspaper. The paper had filed suit to get the documents, but Chancellor Frank Brown ruled they should not be released due to the ongoing criminal investigation.
Election Administrator Fran Dzik had testified at a Chancery Court hearing in December that she believed fraud was involved in the District 4 County Commission race in May.
She did not mention the name of County Commissioner William Cotton, but he won a narrow victory over challenger Warren Mackay.
Commissioner Cotton has adamantly denied he was involved in any wrongdoing.
The TBI at one point in the probe took a large number of items from the home of Rita Jones, an election worker who was fired by Ms. Dzik.
Cell phone records for Commissioner Cotton showed that he made 154 calls to Ms. Jones. He denied that anything improper was discussed.
Ms. Dzik said at the hearing that the focus was on oaths of identity and fail-safe affidavits in the May primary.
Oaths of identification involve voters who do not have ID. Fail-safe affidavits involve a voter who moves.
She said she turned over 11 oaths of identity and 24 fail-safe affidavits from District 4 to the Tennessee Bureau of Investigation.
Asked by an attorney if she felt voter fraud was involved on both documents, she said, "Yes, I do."
County Democratic Party officials said Commissioner Cotton turned over to them information about early voting that Ms. Dzik said was not supposed to leave the election office. Commissioner Cotton denied having the data. Rita Jones denied giving it to him.
Ms. Dzik had gone to District Attorney Cox, and on Dec. 10 he had agreed to having the probe.
He testified at the earlier hearing, "I think it warranted an inquiry - an investigation."
Gerald Presley, TBI agent assigned to the case, testified at the December hearing that he and Agt. Patrice Shermerhorn were asked to meet with Ms. Dzik and Mr. Cox on Dec. 10.
He said Ms. Dzik "related some concerns that she thought should come to our attention."
| Dining Out | Business | Movies | Focus | About Us |
| Church | Living Well | Memories | Outdoors | Real Estate | Student Scene | Travel |
