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PAGE 8A
THE JACKSON HERALD
WEDNESDAY, APRIL 14, 2010
Arcade to seek public input
Benton discusses the ongoing budget talks
BY BRANDON REED
THE ARCADE City Council
will soon be seeking public
input on how to handle traffic
flow issues on Old Highway
82.
The council decided during
its monthly meeting Monday
night to schedule a public
hearing for May 10, prior to
that day's city council meet
ing, to hear input on what area
residents would like to see
done to rectify issues on 82.
The council has been look
ing into the possibility of mak
ing the road a one-way street.
The council also voted to
approve a business license
request by Alice Couch to
operate A&S Variety Store on
Athens Highway, selling new
BY ANGELA GARY
A REQUEST to locate a
go-cart track at the Atlanta
Dragway was approved in a
4-1 vote of the Banks County
Board of Commissioners
Tuesday night.
The hours of operation
requested by the developer
were not approved though.
The closing time on Fridays
and Saturdays will be 9 p.m.
instead of 10 p.m. and no
Sunday hours will be allowed.
The owner had asked to be
able to open the business from
1 to 6 p.m. on Sundays.
Voting in favor of the request
from Dan Moore for a condi
tional use permit to operate
the business were BOC chair
man Milton Dalton and com
missioners Rickey Cain, Joe
Barefoot and Ernest Rogers.
Commissioner Charles Turk
voted against the request. Turk
said he wanted the hours to be
more restrictive.
More than 60 people attend
ed the BOC meeting Tuesday
night with several people who
and used household goods, as
well as clothing and cosmet
ics.
The council also approved a
business license request from
Phillip Christian to operate
C&C Tires on Ramblers Inn
Road, to provide 24-hour tire
repair services.
In other actions, the coun
cil:
•approved moving the date
of the August meeting to the
first Monday of the month.
•directed city administra
tor Debby Mochus to contact
other cities in the county to see
if they are interested in doing
something collectively for the
historic courthouse restoration
event, “Day at the Historic
Courthouse,” on May 8.
attend church near the drag
way speaking in opposition to
the plans. Twenty to 30 people
who attend church near the
dragway stood in opposition
to the plans and asked that
the business not be allowed to
open on Sundays.
County residents who sup
port the go-cart plans also
attended the meeting with
approximately 20 standing in
support of the request.
Moore presented the plans
and said he will lease nine
acres from the National Hot
Road Association to operate
the go-cart track at the drag
way. It will be a 3,900 feet
length track and a building
will be on the site to sell parts
and accessories, as well as
doing repairs.
The business will be open
Friday and Saturday for indi
vidual go-cart rides, as well
as hosting racing events. On
Mondays through Thursdays,
the facility will be open for
company outings and group
team building races.
BY MARK BEARDSLEY
WITH THE 2010 session of
the General Assembly lurch
ing to a close, the most impor
tant piece of business facing
the House and the Senate is
yet to be completed.
The contentious 2011 bud
get remains up in the air,
with the Senate deeply split
over a proposed 1.45-percent
“Medicaid provider fee” to be
charged to hospitals and the
House and Senate at odds over
a Senate proposal that would
exempt insurance companies
from paying state insurance
premium taxes once Georgia’s
reserve fund hits $500 mil
lion.
“The budget is passing out
of Appropriations today,” said
Rep. Tommy Benton Tuesday
morning.
However, Benton expected
House speaker David Ralston
to rule the insurance premium
BY KERRI TESTEMENT
A SECOND Relay for
Life event in Jackson County
may be in the works for the
Braselton-Hoschton area.
Victoria Patrick, an orga
nizer for the American Cancer
Society, said she’s eyeing the
possibility of establishing a
new Relay for Life in 2011
that would serve West Jackson
and the surrounding area.
Relay for Life is held in
countless communities across
the nation to celebrate the
lives of those who have bat
tled cancer, remembering lost
loved ones and advocating to
fight back against the disease.
The 24-hour event includes a
variety of activities for teams
that have raised money.
Jackson County has held
its own Relay for Life — a
key benefit for the American
Cancer Society — since 1994,
tax abatement “non-germane”
and send the budget to the
Senate without that proposal.
“They (the Senate) don’t
seem to think they have the
votes to pass it without that,”
Benton observed.
The Senate had enough
trouble passing HB 307, the
bill that imposes a hospital
tax to raise $175 million that
would be used to leverage fed
eral Medicaid funds, with the
insurance premium tax abate
ment intact.
After three Senate leaders
voted against the bill on the
grounds that it was a new
tax, two were stripped of their
committee chairmanships and
Mitch Seabough resigned as
majority whip.
Benton said he happened
to be in the Senate cham
ber when Sen. Preston Smith
delivered a speech inform
ing colleagues that he’d been
Patrick said. For its popu
lation, the county event has
been one of the top fundrais
ers in the nation.
The next relay will be
held June 4, at East Jackson
Comprehensive High School.
In previous years, Jackson
County has held its relay at the
former Peachstate Speedway
in Jefferson, now Gresham
Motorsports Park.
“Relay has always been
pretty much centered around
the Jefferson area,” Patrick
said. “It (has) been pulling in
a lot of the Commerce side for
a long time.”
Establishing a new Relay
for Life in the Braselton-
Hoschton area would open
the door for more participants
— especially those living in
Chateau Elan — to join the
local event.
But the first step of a pro-
stripped of power for voting
against the hospital tax.
The Atlanta Journal-
Constitution reported that no
one applauded after Smith
made his comments.
Benton concedes that the
Medicaid provider’s fee is
actually a tax, but he said
representatives of the hospi
tals in his district (Northeast
Georgia Regional Medical
Center, Athens Regional
Medical Center and St. Mary’s
Hospital) all support the tax.
The question remaining is
if the House strips out the
Senate’s provision giving
insurance companies a future
break from insurance premi
um taxes, will the Senate be
able to pass the budget?
Assuming the Senate makes
changes, its latest version of
the budget won’t get back to
the House until the 39th day
of the 40-day legislative ses-
posed Braselton-Hoschton
Relay for Life would be a
committee meeting in July
to review plans, Patrick said.
Community support and vol
unteers would be key, she
added.
Relays may be held in the
spring, summer or fall, she
said. Jackson County and
Barrow County both hold
their Relay for Life events in
the spring.
“It just depends on what
works on this side of the coun
ty,” Patrick told the Braselton
Development Authority on
Thursday.
One spot for the proposed
relay is the new Hoschton
Park, now under construction
on Ga. Hwy. 53, next to West
Jackson Primary School.
The American Cancer
Society requires that relays
be held at a large, open venue
sion.
In addition, the House and
Senate have yet to reach a
consensus on the supplemen
tal budget for 2010, although
Benton insisted that there are
no major differences between
the two chambers.
Meanwhile, the transporta
tion bill, which would allow
voters to impose a one-cent
sales tax by districts for
transportation projects, was
in a conference committee
Tuesday morning. The stick
ing point was a provision that
would let counties in those
districts opt out of the tax if
the proposed road projects did
not suit them. That’s a posi
tion Benton favors.
Benton’s bill requiring
the addition of a bitter taste
to antifreeze was sched
uled to get a hearing in the
Senate Committee today
(Wednesday).
to host tents for the overnight
event, Patrick said. A walking
track and outdoor lighting are
preferred.
The new park in Hoschton
will include a paved walking
track, outdoor lighting, recre
ational fields and concession
stand when completed.
“It’s not a hard event to plan
because its been around for so
long,” Patrick said.
If a new relay is established,
Jackson County wouldn’t be
the only county in Georgia to
have multiple Relay for Life
events, Patrick said. Some
counties in metro Atlanta have
several relays.
And organizations that
already participate in the
Jackson County Relay for
Life — such as West Jackson
schools — would benefit from
having a relay closer to their
community, she said.
BOC approves go-cart track
New Relay for Life pitched for Braselton, Hoschton
The Other Death Penalty
Who I am is not that important. What I have to say is.
In order to receive the death penalty in Georgia, the
prosecutor, for example, must prove to a jury that a murder
was committed with premeditation, and also, that there are
certain aggravated circumstances involved in the case.
However, there’s another form of the death penalty being
handed down by Judges - not juries ■ that the citizens of
this state should be concerned about. “The Other Death
Penalty” I am referring to and used by State Prosecutors
when the crime doesn’t involve murder is O.C.G.A. Section
17-10-7. Under this state statute - called the Recidivist
Statute - a convicted individual can receive a sentence of
Life in Prison without the possibility of parole if the
district attorney shows a Judge that an individual about to
be sentenced has more than one (1) prior felony conviction
on his or her record. Normally, if the prior conviction
involved a violent crime, say armed robbery or aggravated
assault, the district attorney could use the prior convictions
to obtain an enhance sentence of Life Without Parole. Little
do the citizens and juries know that district attorneys in
Georgia are abusing this state statute.
Case in point: Several years ago, Edward Kelvin Pope,
received a virtual death sentence in Banks County
Superior Court, after former District Attorney Timothy
Madison used two (2) non-violent prior drug convictions to
convince Judge Motes to enhance Pope’s twenty-year (20)
sentence to Life plus 70 years. The “good ‘ole boys system”
worked in this case. Need I remind you that, Timothy
Madison was later convicted of crimes against the state, and
received in comparison to Pope’s sentence, a slap on the
wrist.
Since when did the General Assembly enact a death
penalty law to be applied to non-murder cases? Moreover,
when did the General Assembly allow for the death penalty
to be applied to cases where the primary testimony came
from a known paid and unreliable informant? Especially,
given the fact that Judge Motes stated during Pope’s trial
that: I wouldn’t believe a word Mr. Lord, the paid
informant, said with his prior criminal record. This
statement is contained in Pope’s Trial Transcript, Volume
III, Page 359, Lines 17-24.
You decide. Should Edward Kelvin Pope receive a death
sentence based primarily on the unreliable testimony of an
informant, co-defendant and dishonest district attorney?
Pope’s co-defendant has long been released. Who in Banks
County will receive the next “Other Death Penalty”?
Edward Kelvin Pope helped a lot of people in Banks and
surrounding counties. It is time someone helped him. If you
want to help, please write his mother Agnes Peterman, or
his friend Robin Kelley at this address:
Agnes Peterman Robin Kelley
8351 Hwy. 334 P. O. Box 813
Nicholson, GA 30565 Watkinsville, GA 30677
(706) 757-8024
To The Citizens of the
Piedmont District,
I was talking with some friends the other day about all that has been
going on with our former District Attorney and his office. It goes without
saying that it is a shame a man, for whatever reason, could be driven to steal
from the people who elected him to serve. More often than not, the corrupt
are turning out to be the very ones that have sworn to uphold the law and
serve for justice against criminals.
I can’t help but believe that if a man would steal from the people the
way Madison did that he could also be involved in other things. Money
seems to be a big motivator for him. If a person were to get on the wrong
side of the “Good OP Boys” system, they would not stand a chance in his
courtroom. He has proven that he has no scruples when the dollar is
involved.
A case that sticks out in my mind involves Edward Kelvin Pope. Many
of you know him. He has done work for and helped many in this district.
Bear with me and I’ll tell his story. Four men robbed one of the most
prominent citizens in Banks County in his home. These men were arrested,
tried, and sent to prison. During this process, Kelvin Pope’s name never
came up in any conversation. He was not implicated in any way. One man
testified later at Pope’s trial to that effect.
A few months later Pope was arrested for being a party to the crime.
At his bond hearing a paid informant, who happened to be the victim’s
cousin, talked about a “murder for hire” scheme and alluded to other things
that caused the judge to deny Pope’s bond. Although Pope and the plaintiff
were both very well known in the community, a change of venue request
was denied.
At the trial, we heard from three characters Madison was able to round
up. One of these people was a lady somehow involved in the crime. She
stated that she had seen Pope with a large sum of money shortly after the
robbery, (about $1,000 she said). Being a contractor and businessman, Pope
always carried a good bit of cash. Anyone who knows him knows that to be
a fact! Anyhow, the lady received three years in prison for her part in the
crime.
We also heard from the victim’s cousin, the paid informant. He tells his
tale never mentioning the “murder for hire” scheme that was used as a ploy,
to get Pope’s bond denied. At one point of the trial while the jury was out of
the courtroom, Judge Motes said to the court reporter, “I would not believe
a word that came out of Jessie Lord’s mouth”. That is actually a part of
Pope’s trial transcript. Too bad the jury couldn’t have heard that one.
Then there is the guy with a drug trafficking charge pending. He does
his part to assure that he only gets probation for what began as a
Methamphetamine trafficking charge. Most serve 7 years for that crime. It’s
ironic that the guy was never on any witness list prior to the trial. He just
pops up out of the clear blue, Perry Mason style. Consequently, on the word
of these three shady characters, Edwin Kelvin Pope received a life sentence
plus 70 years.
This case just reeks of the “Good Ol’ Boys” system at its best. We have
a crime against the rich guy. Four people are sent to prison, the shady lady is
arrested and lastly Pope. We got a D.A. who loves money and three
witnesses who all got something in return for their testimony. We have a
man, who was never placed at the scene, sent to prison for this crime. Plus
we have the judge bad mouthing witnesses. If not for the end result, it
would be comical. If you step on the wrong toes you can get into a lot of
trouble.
It pains me to think that the Justice System might be used for ill-will or
to settle personal vendettas, but I have always wondered if that is what
happened here with Pope. After all, the prosecutor only got six years for
stealing money. Makes one wonder what else he has done for a dollar and
who else might have been involved with him besides the two who were
implicated.
Somebody you know could be going through the same thing now that
Pope endured back then. When the “Good Ol’ Boys” politics are at work no
one is really safe, especially if you step on the wrong toes.
If anyone out there has any knowledge that could help Kelvin Pope
please contact Ms. Agnes Peterman with your information. Maybe we can
finally get some justice in this case.
Sincerely,
Dear Editor and Concerned
Citizens of the Piedmont District,
The reason I am writing this letter to you, is because I know
for a fact there is an innocent man in prison. He is no more guilty
of the crimes he was convicted of than the judge who presided
over the trial.
His name is Edward Kelvin Pope. Of the four of us convicted
in the robbery, none has ever implicated Pope. He had no
involvement in what happened.
When it first happened Mr. Boswell was arrested and kept in
custody from April until December because the Thurmonds
believed that he was involved. Mrs. Thurmond positively
identified his voice, he was ultimately released.
Randall Vaughn turned state’s evidence and testified against
me and my co-defendant at our trial. The state portrayed Vaughn
as being a victim of circumstance insofar as his involvement in the
crime.
Vaughn also testified at Pope’s trial that Pope had nothing
whatsoever to do with the robbery at any stages. However at
Pope’s trial the state presented Vaughn as a no account drunk and
drug addict.
The people actually responsible for the robbery received slaps
on the wrists.
Pope has never been an angel, but neither is he a thief. The
state suspected him of some illegal activity that had nothing to do
with this robbery, that he has been wrongly convicted of. I guess
since they couldn’t prove any of their other suspicions, they opted
to use some of the folks that were involved in the robbery to get
him anyway they could.
Given some of the things that have happened in the
Piedmont Judicial Circuit over the years, I wouldn’t be surprised
if the whole thing was fixed all the way down to the jury of
twelve.
I say this because there seems to be plenty of reasonable
doubt as to Pope’s guilt. To me it looks like the state wanted Pope
anyway they could get him, and the witnesses wanted to save their
own necks.
Look at these facts:
1. Pope could not have received a fair trial by an impartial jury.
2. Two of the witnesses were related to the victim.
3. Two had serious pending charges that were resolved or
disappeared altogether.
4. One was a paid informant, and a well known crook.
5. One thought Pope was messing with his woman.
6. Randall Vaughn testified that Pope was not involved.
7. I tell you Pope had nothing to do with the robbery.
I hate to see Kelvin Pope in prison for something he did not
do.
I hope that as a group of “concerned citizens” that this
miscarriage of justice will spark some interest, and that someone
will look into this matter.
I assure you that an innocent man is in prison for the rest of
his life because of flat out lies and dirty politics. Maybe something
can be done to help him.
I do hope you will fulfill your civic duty and that this letter is
published.
Sincerely,
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