Davis, John, Dr., undated - 7 of 14

    t

RECENED 
JA.t{, LG ELT

Two dates face those indicted,
August lC and Sept. 10 are the next

two signtficar,i days for the fo
Randolph Ccunty residents indicted for
voting violet:crs irr last September's
Democratir p;im;;-i'ies, particularly in
the race foi'sheriff.

August 10 is the day for sentencing
the five who pleaded guilty - four who
worked for the election of Bill Elliott
and one charged viith voting more than
once. Sept. 10 is tha day set for the trial
of the other 11, with the possible
exception of Major Wilson, released
Monday from Randolph County
Hospital, where he had been under

i observation for possible heart trouble,
ito a taGrange sptrcialist.

Wilson sufferecl a possible heart
.attack Thursday, July 5, on his way to
'Opelika to srrrrender to federal
officials, and he has been in the hospital
since then.

Eight oi ihe ii worked for &e
reelection of Sheriff Ctrarlie Will

individually, but JwlSe nob€rt' E.
Varner, of the U. S. Middle Diskict of
Alabama, who will preside, denied the
request.

kad counsel for the prosecution will
be Barry Teague, U.S. attorney, who
has worked in the eight-monttrlong
investigation with the FBI.

The ju.y list" possibly from 50 to 100
per:ions, wiU be drawn ftom all 23
counties in the districq including
Randolph. These counties range in a
line from Randolph to Chilton
southwest as far as [nwndes and south
as far as Houston.

The jury hearing the Randolph cases
will probably be one of three struck the
morning of Sept. 10.

The courtroom is in the Federal.
Courthouse in Opelika, which is the old
U.S. Postoffice building.

Of the 16 indicted, only two are on the
county payroll, fhompson and one of
his deputies, Curtis Morrow.

The four men pleading guilty,
working for the election of Bill Elliott,
who was killed shorfly after the Sept. 28
runoff while apparen0y cleaning a
shotgun, had their threecount indict

ment reduced to one, conspiracy !o buy"'-
votea firey are lowell Brown, Vern6n r'

Brown, lfqllrsg Bonner, and W. T. .
(DoW) Pink ird" ' : :::

.Two other men who supported Elliott : .i
and who pled not guilty are W. C. :'

WilderandDurell Mitchell. Wilson wiU': .

enter his plea frren he is released by his' ; 
,,

doctor. Attorney John Tinney of ':
Roanoke is defending l9ilder andr'.
Mitchell. : '

Besides firompson, who is in hls fiftlr
fou-yearterm as sheriff, and Morrow,
those who worked for his election are '.

W. J. Richardsoh, Robert L Bro*n Jr.,
Louis McCain, M. L (Slim) Johmson,
Roy Davenport, and Ruby Andrews. ';
Ttrey have retained Attorneys L€wls :.

llamner of Roanoke and Tom Radney
of Alexander City. Thompson faces a .,
lscount indictnenf including corspir- -'
acy to buy. votes, voting right$
violations, and votin6 by ineligible,.
DefSO-rls.'-Sffi 

Christopher is the only one
acctsed of voting more than once. .

Whatever comes of the present cases, :

Teague has said that the Randolph
investigation would continue. .

j-'Ihompson, including the sheriff
i nimseU. They face a l$count
{ indicknent.
i et tfre arraignment they moved to
'sever their cases, to be tried

;
I

\



Two more plead

- Two more defendents arraigred in
the.voting violation invesUgati6n tha[
proled the l9Z8 Democratii prirnaries
in Randolph County have plid srilt".
They are Durell Mitcheli and 

"1.C.Wilder who, like four who have alreadv
pled guilty, worked for the election df
the lat,e Bill Elliott as sheriff.

ants with
absentee

guilty in vote probg'

_ Mitchell and Wilder appeared before
Judge Bobert S. Varnii of the U.S.
$.a4. District of Alabama UonAai,
JrlI B, in Montgomery with the plea 6i
guilty.

In doing so tley had counts 2 and 3
against them dropped, and they will be
sentenced only on count l, conspiring to
buy votes for Elliott with mo'ney ina

I liquor.
i_ Already pleading guilty are Wallace
r Bonner, W.T. (Doug) pinkard, Vernon
,Brown, and Lowell Erown, who workil
,flr the election of Elliott, and Sandra
,'Christopher, charged with voting more
: than once. Their sentencing is iet for
Aug. 10 before Judge Varnir.

- 
In aU, 16 persons were indicte{ all ln

the race of sheriff. Oire, Major Wilson,
presently under doctor,s care, has nol
been arraigned

The other eight are Sheriff Charlie
Will Thompson, who won reelection-
Deputy C\rtis Morrow, W.J. Richard-
son, Robert Ii Broqn Jr.,. Louis
McCain, M.L (Slim) Johns6n Rov
Davenport" and Ruby Andrews.' Trial
1a!e is Sept 10 in O,pelika beforeJrdge
Varner.

.The investigation, covering the past
eight months, was done through'the
cooperation of the offiee of U.S.
Attorne; Barry Teague, Montgomery,
a$ C. Edwin Enright, special agent lti
charge of the FBI foi middle and
southern Alabama, Mobile. Field
investigation was done by an FBI team
headed by Agent iim NLat.

the indictments charged the defen&

t..,I r'
r.'1, l l'

---, Ji\r... I

the casting of



vote-fraud sgntences B'c'$neturirz 
argo,

given to countia ns,:eB'??
_.P.1,r pl*$ing guilty _to vofin! WallaceBonner,Vernon Brown, Lawelt I

11r"l_T" ,n ryt. year's DemocraHc Brown, and W.T. (DoW) pinfira.
pnmartes were to have beeo sentenced Roanoke _Atlorney 

-John Tinneylast Friday-at 2 o'clock. Ttrey had 0o representcdwuaeraiauitctreu,uuttrl
wait more than an hour. ,"l*!gy"qtt" rpp""mty t"'"p."t..
- -It 4ge_ Robert varner of the us. Ttre tia or u,osi-irracteo and wbo
{iddle Dishict court, was listening to pleaded not_arilty riu be tieara beforcattoTg.vr3rq$ng 

_ry_hether or not- to ludge' varirer'd" naona"i,-Gpi- lb;grant the Ku Ktrx KIan permisston !o Moiigomery. All ililid ro? Gpara{a.ln Montgomery,-ending their reere&ion A st"rirr- d""ue wil .

InareE ftour selma. Thompson, who is one of those accus€d- !
*J49r., F aiA g*..t9 the sir men froia Ottren are pepuii; OrrHs-ffiil;

. #i! y.l, biit heffi the-tat! BiU- Rorart t nq"r,r;.noy patenpqrr M.C:.!;ruorr ln his rlce. for sheriff, Judge Johnson, tauis lr,tccfuii gi[- Rtchsre;iVarner sentenced them eollectiv&, son, arrd n Uy e"Ar.*L -
each find $soo q$: placed .ii, tiromrrgryr.h*e"t"c-E'uiott in'ths
thre+v^earpro[tion. He hai firstfined ruroff by rbou,l{0 ;;cjii;rir; hi;tbem 15fi) eacb and given them a fifthterririnoffice.Hehadtraiteoii&e
lw.-oyear jail senlence. tte ctungea tne Sept. 5 priAary. - - --.-
latler to probation. iUiott died oA. 5 of a shotgrrn ,ro*aJ

A seventh defendant, pleading guilty,
Sandra Christopher got thJ -sadd
probatilnary period Uut onty a gffi'
fine. She bad admitted ti voiing.
more tlan once.

,- In pronouncing 
-the sentences, Judge.

Y"rnq spoke of the reputaiion -of

Randolph County, where money and,
liquor are commonly used to infl-uence
election, have become a way of life, and
buyrng votes is "winked a1.,,

tleto.ld the group, .,you ordinarily do
not violate the law." you are, tre saiO,
the sort of people we must depend on to
enforce the law.

In speaking of the minimum sentence
he imposed, he explained, ,,In a way it's
punishment that each of you and vour
friends and associates kiow tbat-you
have broken the law."
...!flking to the future, he added,
"fiiey're going to have to stop winkini
at the violations

"I hope to establish the fact Urat in
Randolph County there are going to be
fair elections. Ttre next timi soireone
from Randolph County gets in trouble
of- this;ort I'm going to punish them a '
whole lot more."

The sir Elliott men who pleaded
guilty are DureU Mitchell, J.C. Wilde{



Fnrmer sheriff will /o$fi,

dd$$peal sentence
Afit)r' months of investigation, Democratc primaries of September,

hurrii'etls and hundreds of hours, 1918. The federal goverffnent became
thousands of dollars, scores of involved becatse U.S. offices (Senate)
wihre-tses,boxesof tcstimonyandother were on the ballol
evidence, three days in federal court a Jim Ned of the Montgomery FBI
Jury decision delayed by Frederic, the office headed a team of investigators.
worst storm in state history, three The prosecution was handled by U.S.
convictions, all that'comes out of tt in Barry Teague, also of Montgomery.
sutrstance is three months jail sentencr. Radney and Attorney Lewis Hamner of

Earlier Judge Robert Varner of the Roanoke argued for the defense.
Middlc District spoke of the long Attorney lrwis Hamner of Roanoke
history of votebuying in Randolp[ argued for the defense.
County, how residents winked at the By the appeal, which will go before
Law, horv'it mrst be made clear thc' the 5th U.S. Circuit Court of Appeals in''
prgcti(re would not be tolerated. " New Orleans, Thompson will-remain'

Mosi of the defendants pled guilty, free by posting $2,0fl) bond, until the
were fined $sfl) and ptacd on court nrles.
three'year probation. Along the way By a law passed this year by ttre:
Judge Varner tossd out cases against legislature, sheriffs had the choice of
hro oihers, sayrng there was too little remaining on the rttirement system or
eviderrcc. Thegrandjuryhadsaidtherc of requesting super-nurnerary status.
was, and there was a jury sitting in the Thompson chose the supernumerary,
box wailing to make its own decision. paying $6,000 to make his position'

By Llrr:n therc were only four current.
defenrltrnis left. The jury found one of On Sept. 12 he was told the jury
thern, Roy Davenport, not glrilty. fire verdict by Judge Varnqr. On Sept. 13 he
othei' iilcee - Sheriff Charlie Will resigned as sheriff, requesting super-
Thorrrllson, Deputy Curtis Morrow, and numerary statr:s. orr Sept. 14, Judge
Louis L'lcCain - they found guilty. The Varner read the jury decisions in court.
Jury had reached its verdict on By law Thompson cannot be given the
Thonlr)son Sept. 12, and on the latter supernumerary position, since he
two thtr l.lth. fitursday the l3ttt was the would be subject to recall tb active
day oi ti"rederic. duty, and percorc convicted of a felony

Itr i.1eno*"ing.the sentence Judge cannot serve as sheriff. The money he
Vanrrrr'tolclthethreeheknewtheyhad has paid into the system is to be
alrearly bcen punished by the publicity returned to him at his request.
the5r rvr.r'e gettfung, by the general . Etormer Montgonnery captain of
knowlsdi;,r o[ tbe accusatiorn. All got detective's and Roanoke chief of police
$l,00ri iili:ri end tlree years probation. I. B. Moore was named by Gov. James
Ttie rii-.i::)ir)nce was that Thompson got to serve the remaining three years of
the thrru montls jail sentence, with the the sheriff's term.
remriirirtg two and threequartcr yean If Thompson is found not guilty by the
on ploi:l:rtiort, appellate court, the opinion is that he

Til,:nrirson's attorney Tom Radney of could not go back in office as sheriff. He
,.Ue:<,.;rJc. City filed notice of appeal. resigned that position. Had he not

Tiir,,-rrps0n was convicted on seven resigned, the opinion still is that he
gsir;l:r of conspiracy and vote-buying, couldnotreturn.Hisconvictioncreated
Morri,ry on one, and McCain on two. a vacancy and that vacancy was filled

firr, sentence was for eaeh eout by the appointment of Moore.
er*.i,i thrrtJudgeVarnerruledtheybe The law does not offer a special
served L'oncurrenuy. Maximum penal- election where voters can choose a
t.jr wcrrlrl have been $10,m0 and five sheriff. It says the governor shall
yesrs ;)n each corurt, meaning that appoint someone to complgte- Jtrg ,,
afi ,1, 1 r' rDfl could have bien Frnedf?IfJW--unexpitett tbrm. Repr'esentaiive fUaT[ -*
c:rd ::. rrtenced to 35 years in ,ail. ard l,aird is considering introducing
i i.;te;, ' he got $1,0ffi and three months. legislation that will call for the special

Ttrr: .'viclrnce accum 'Iated by the election, but that roule may run counter
i;'lit liors back to the county to the state constitution.

ir..?t;: '';:l',iTi lr ' r i:i)r..



II'*:::V
E

D
 JA

II 2
O

 trt:!

G
)

sl

gc1'
'c4.J

i,,i* ;+
:

i:"fi :E
!

.:-:-:' 
;: -

\\.\-=
N-\)

\



:", JulY 24, 1980
._i . .-

. i; :., ',.-t 
t 
'. 

' 
"...'.]]'- 

1::
. a,tt; 

t;.,i1. 
; i', '"1 J . I''- ', , - 

,

" 
i.: -:.: , ;it::,lr-'i,,..' 

t 
a...-. 

t:;- 
:l , a :'t!

ii,;*1"1 -ir., ;._,: . . ,,:,1",_.., ., ;i. .r .. .-
aEu, g B 4 N q q.u r!:;ii.::...,i4i;j. I ,.-':1..;,- ..:: .::, i

' -. - -, ,r'C'i+,." ii'r,. -': t':t i" ' ''.i^:-t
.''l;-^i'- : 1 '.

' .'.,'.' - .j. iili'.; .r..,'' ' '-'ti; -. ' ' ::':,rii &;, , 't 
.i:

FRO&ir Don Siegelman '." ',,.'l' ' : " -.
Secretary of Stcte .. " ,.r--

r hcve ?eceived severo I compl oints 'or f s f ng f rom the
recent, nnrniclpal electlons allegtng the iI tegol casting 9t
;ti;; iae bar i-ois lplease see atlached t ist) os urel I Gs other
eLect{on Iow violotions.

Because oll of the freedoms ond responsibtlities of
citiaenship a"e rela-ted to the right to votet an! attempt to
subvert the urill of the electorate also threatens our
d,anoeracy. It ts cit.t ical thot our elect ion machtnery
ii"i"ti iatrly, honestly, cnd in a manner thot uri I I inspIre
cZnf idence in' t:ne lntegTity of the pot I t icol system' I f ear
thct unless coplaints are- investigcted ond violotors pross-
cu','ed, eyenmore citizens urill become cynicoI and/or apathe-
'cfc about their government.

Therefore. I offer nrv full support to you in actively
pur*ruetng complcints of att-eged absentee vote fraud os well
cs irther election lrregularIties.

Und.er the neur obsentee voting law the position of the
pro..i ecutor hos been streng thened in severol woli :- ( 1) bal lot
di.:iribution procedures a-re tightened; (2) the I tst of those
vc: ing absent-ee [s mode o perminent record to be f iled with
proba"te judge to cssist in possible prosecution (SI7-10'6);
fsl penalty for gfving fot se informot ion ($I7 -10-7 );
(4) -the 

time' to begin-bol lot vert f ication is pinpointed and
ci, ;pportunity to clct lenge obsentee bcllots is provfded
ii'r:r-io- 10); iSl penaltf ei are increosed to two years and/or
$.,300 f ine.



-2-

I hove ottoched a sunmdry of chonges mode by act 80-
732 for your conventence-

Pleose knorr thot I, ond the Electlons Division of the
Secretcry of Stote's off ice rrrtll urork uith you in ony ruoy
you f eeL url I t De helPful.

DS: eD

Encl osure



LIST OF SOME COII4PTEINTS RECEIVED

Municipolitv
-#

Flordla

Dut ton

trIoodvllle

rvffe

Head,l and

Moul ton

Double Springs

Br i dgep

Su t I igent

Hqni I ton

Haleyville

Phenir Ci ty

BY SECRETT,RY OF STATE

Atlegation

People who moved to Ftoridc
ond Cottfornio turentY (20)
yeors ogo c[lorued to vote
obsent ee -

Atso, non-conPus mentis cnd
f orme'r felons still on voting
I f st-

Polts reopen ed after legal
closing time to ol lour someone
to vote; votlng Dor not sealed.

Yote Duylng ,

Mayoral ccrndi date reqortedlY
distrtbuting obsontee boI lots.
Condidate reportedly responsible
f or opaning Ci tY Hal I on SoturdoY
cnd hcving absentee bol Iots dtstribu.ted
ond cost illegally; undus influence
al I edged.

People who are not guol ifted voters
in the ci ty being oI loued to vote
obsen tee.

Numerous absentee baI tots reported
mailed ta one oddress.

Absentee balIots voted bY non-
residents, Sorne il Iegol Iy deI ivered..

People allowed to vote who did not
lfve in t?r.e citY.
Absentee bollots token out
illegclly.
Absentee bollots taken out
f mpr operly.

Absentee bal Iots reqortedlY sent
to scrlne post office bor-