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Nearly doubled salary won't boost investigator's pension


MONTGOMERY, Ala. - A south Alabama investigator
won't be allowed to use the skyrocketing

whose salary nearly doubled in one year to $152,014 despite a

income to boost his state pension by $1,000 a month,

plea from a new federal judge who approved the pay hike. The board of the Employees Retirement arguments System voted against Bruce DeVane on Wednesday, turning asid

from his former boss, new U.S. District Judge Mark Fuller. Joe Cassady, declined comment after the unanimous vote, saying he does not comment

DeVane's attorney, on matters

that may lead to litigation.

DeVane is chief investigator for the district attorney of Coffee and Pike counties. Fuller, who recently stepped down as district attorney to become a U.S. district judge in Montgomery, appeared before the retirement board Wednesday to support DeVane. attorney said he boosted DeVane's pay from $80,307 nights and weekends on developing in 1999 to $152,014 in 2000 to

The former district compensate office.

him for working

policies and procedures

manuals for the

Holding up a five-inch-thick attorney's

collection of manuals, the new federal judge said, "There is not another


office I'm aware of in this state that has such a policy manual." in 2001. Fuller said DeVane wants to retire because of health problems, in computing his pension.

DeVane's pay declined to $85,976

and his extra pay in 2000 should be considered normal compensation Under state law, a retiree's the state pension program income to be overtime, Employees Retirement

pension is based on his best three years of payout has refused to count DeVane's $152,014

of the last 10. The staff of

salary because they consider the extra

which is not used to calculate a pension. DeVane appealed to the board of the System, which set up the hearing Wednesday. of the Retirement Systems of Alabama, said that if the $152,014 salary

Marc Reynolds, deputy director

were counted, it would boost DeVane's pension by $1,000 a month. If DeVane were to retire Feb. I, his monthly pension would be $4,835 without the high year and $5,871 with it, Reynolds said. If the 49-year-old investigator lives a normal life span, he would collect about $330,000 extra by using the high year, Reynolds said. Systems of Alabama, said the pension program stays on the lookout shortly before they retire.

David Bronner, CEO of the Retirement


for employees whose compensation "Spiking is something

increases dramatically

that can wipe out a pension fund," Bronner said.


?template=cOl... 7/11/2003

Nearly doubled salary won't boost mvesngators pension



Reynolds said DeVane's 2000 salary was out of line with what investigators pay range goes from $40,000 to $83,000, he said.

for state agencies earn. Their

But Fuller said state law gives a district attorney is legal under the law," he said.

complete control over his staff's salary. "What I have done

o 2002

AP Wire and wire service sources. All Rights Reserved. http://www.ledgerenquirer.com


.. 7111/2003



Dee 5, 2002

montgomeryadvertiser, com


Montgomery Edition



Thursday, December 5, 2002

montgomery )\ducrtiset
Scott M. Brown . President and publisher Paula S. Moore . Marilyn Mitchell Executive editor Managing editor Kenneth M. Hare Editorial page editor
A GANNETT NEWSPAPER incorporating (he Alabama Journal, 1993

PULITZERPRIZE 1928,1970,1988

• •



he taxpayers of Alabama owe the State Employees Retirement System board and staff a note of gratitude for protecting the public's purse. The attempted raid on the retirement system involved the chief investigator for the district attorney of Coffee and Pike counties, Bruce DeVane. Luckily for taxpayers, it was stopped by the RSA board. In 1999,DeVane was paid the handsome wage of $80,307. But in 2000, as he approached retirement, DeVane's pay was almost doubled, zooming to $152,014. Since state retirement pay is based on earnings in the highest three years in the last 10 years of work, that huge increase would have raised DeVane's retirement pay by $1,000 per month. If the investigator, who is 49, lived the average life span expected for a man of his age, retirement officials estimate this oneyear pay boost would cost about $330,000extra. DeVane's former boss, then-district attorney Mark Fuller, said he raised DeVane's pay to compensate him for working nights and weekends on developing policies and procedures manuals for the district attorney's office. Fuller has since been named a U.S. district judge in Montgomery. But the pension fund staff said they considered the extra income to be overtime - which it clearly appears to be. If it was overtime, it could not be used to boost his pension. It is important that RSA remain vigilant in trying to prevent backloading of salaries to boost pensions, because such attempts have been common in the past. For instance, in years past there have been college presidents who have had a generous four- or five-figure expense allowances as part of their compensation for years, giving them tax advantages and letting them avoid paying the employee share of the pension match on the money. But as they approach retirement, the expense allowances have been quietly switched to pay. Backloading has been a serious problem. We urge the RSA board and staff to snuff it out whenever possible.

Retirement board stops pension boost T






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"Your locally owned, hometown newspaper"
"'.,,_.... ''"-'___ ENTERPRISE, ALABAMA

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Circuit Judge MeAlilev applies for position as district an r ev

Circuit Court Judge Gary McAliley said questionable practices at the district attorney's office led him to apply for the appointment of district attorney for the 12th Judicial Circuit. McAliley, who has been a circuit judge for almost 28 years, said he was willing to step down as a judge in order to make necessary changes in the office. If appointed by Gov. Don SiegleJudge Gary man, McAliley McAliley would finish the remaining two-year term left after former D.A. Mark Fuller resigned Dee. 3 following his appointment as a federal district judge by President George Bush. The governor will make an appointment to fill his unexpired six-year term which ends January 2005. In a letter to Siegelman dated Dec. 10, McAliley tells Siegelman that certain Please see McAliIey, Page 8A

RSA denies

extra retirement funds for Devane

A decision by the board of Retirement Systems of Alabama to deny 12th Judicial Circuit'S District Attorney investigator Bruce Devane a significant retirement increase was recently upheld by the state board of control. Don Nelson, director of benefits for employee retirement systems, said it was discovered by RSA that Devane had a significant increase in salary while he was making contributions towards his retirement plan. Nelson said the RSA board ruled that by law any compensation that is considered extraordinary is not subject to retirement deductions. On appeal the board of control upheld the decision of the board. Nelson said that in fiscal year 1999 Devane reported a salary of $80,307 and in 2000 reported a salary of $152,014, an Please see RSA, Page 8A

Page SA





11, 20fl2

Continued from Page lA policies and procedures have come to exist in the district attorney's office that need to be changed. "Terrible things have come to exist in that office," he said. "If allowed to continue, public trust will be destroyed and the people will not best be served." McAliley told the governor that it is time for a public minded person in authority to go into the D.A:s office and get it back on track. ..It is time the appropriated moneys that are now being so poorly expended be redirected to making sure programs such as the child support enforcement unit at that office remain so all of the children of Pike and Coffee counties communities will be allowed to receive food, clothes and support , so deserve as human beings," he said. Mike Kanarick, spokesperson for the governor, said Siegf ernan is aware of McAiileys interest in the position but he is still receiving and considering applicants. "In the near future the governor will ma ke a decision that he feeis is best for the peepie in the 12th Judicial Circuit," he said. McAliley, 54, said it has been rumored that efforts are being made W close down the child support program, layoff employees and terminate other programs in the D.A:s office due to lack of funding. McAliley questions the lack of funding after it was revealed by Retirement Services of Alabama that salaried Chief Investigator for Pike and Coffee Counties Bruce Devane had his pay nearly doubled in just one year from $80,307 to $152,014. "This one investigator's $71,707 annual increase in compensation now makes him receive more than the district attorneys or even the circuit judges of this state," McAliley said in his application. McAliley alleges that child support workers in the D.A.'s office make $19,000 to $20,000 a year and that Devane's secretary and other secretaries make outrageously high salaries and receive Christmas bonuses of up to $4,000 per year. "While the assistant district attorneys in that office work day and night to ready themselves for trials, some of them have to payout of their own pockets for computers and other tools to do their jobs while a few in that same office drive around on very high

priced vehicles at public expense; purchase $3,000 sofas; new carpeting and Deloney prints for their offices," he said. McAliley has served as a judge for more than one half of his life. During his last election he won every single box in the circuit, in Republican areas as well as in Democratic areas. "The people know my decisions have not been based on whether a person before my court is a Democrat or a Republican." he said. "I have loved every single minute the people have allowed me to serve them as their judge." Mc Aliley said he feels fortunate for being able. to walk through life as he has. "It was my intention to live and die a judge because the people of my part of the state have been so very good to

me and my family .and I owe them so very much," he said. "Stepping down as a judge will mean a great financial and prestige sacrifice on my and my family's part. Both of my girls are in college ... and this is a time in my life where financial sacrifices hurt most. However, illY girls, my wife and I· have discussed this decision. All are in agreement. It is my duty. It is my responsibility." It was a group of business people and elected leaders, McAIiley said, that came to him during his last criminal jury trial and encouraged him to retire from judging and clean up the D:A:s office. "They told me what great hopes they had for economic growth in the community; they told me how important it is for right to be praised and wrong eliminated," he said.

Devane's boss. then "district .anorney Mark Fuller, about the extraordinary compensation and Fuller told RSA he had assigned additional duties to Devane for one year," he said. "Devane's only recourse now is to take the issue before a court and let a judge rule on the matter.

lA in pay in "RSA is confident in the decision that was made to deny Devane; in a similar court case we had, RSA prevailed and that was the rn ai rt reason the board made its decision." Nelson said. Nelson added t"Jt at this time he is not aware of any other employees in the district attorney's office in Coffee County earning extraordinary wages. Nelson said RSA has recei ved some feedback from taxpayers who are outraged at Devane's compensation "and
justifiably so."

Continued from Page increase of 89 percent one year. "RSA questioned

"Taxpayers should really be outraged if it were to stand," he said. "The one year compensation increase would cause Devane's retirement to increase a little over $1,035 a month .. The retirement fund would cost taxpayers somewhere around

$329,000 if Devane lived the average life span expected for a man his age." Nelson said as far as he knows the nighest paid investigator in the state. other than Devane. earns approximately $80,000 a year. "State retirement pay. is based on earnings in the high-

est three years in the last 10 years of w~rk," Nelson said. The mission of the Retirement Systems of Alabama is to serve the interests of the members by preserving the excellent benefits and soundness of the systems at the least expense to the state and all Alabama taxpayers.



udg bla DA's office
Pike County DA Folmar says office is not corrupt
Messenger Staff
Jcel.Folrnar, the acting district attorney [01' Pike and Coffee.counties, issued a. vehement defense of the district attorney's office Thursday. The comments were a response to criticism from circuit court judge Gary McAliley, who blasted the office as he announced that he was throwing his hat into the ring in the competition to become the next DA. Folmar was appointed by Attorney General Bill Pryor to temporarily replace Mark Fuller, who officially resigned Dec. 3 to take a federal judgeship. McAliley wrote Gov. Don Siegelman on Dec. 10, simultaneously announcing his desire to replace Fuller and condemning what he called McAliley the financial management of the DA's office. "Terrible things have come to exist in that office," said McAliley in his letter to the governor. "If allowed to continue. public trust will be destroyed and the people will not be best served." Folmar, III his rebuttal, stressed that the



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From Page I DA's office were purchasing $3,OOO~ofas and expensi ve artwork for their offices. However,nocabiein Folrnars response is the absence of any mention of the pay raise awarded [0 investigator Bruce DeVane, who saw his salary nearly double in one year 1999 to from $80,307 in $152,014 in 2000. The raise was brought to public attention when the state retirement board blocked DeVane from using the pay raise to boost the amount of his pension. McAliley slammed the raise as an example of financial mismanagement and said the money gave DeVane a salary that exceeded even that of state district attorneys and circuit judges. Fuller, who authorized the raise while DA, defended the sum, saying that it was justified by work DeVane had put in to construct some manuals for the office. Folmar said that the rumors mentioned in McAliiey's letter concerning the possible closure of the Child Support Unit are untrue. He described the unit, which is re?p'qm;itl!~ fqr collecting child support payments in Pike and Coffee counties, as healthy and effective. "This office established a Child Support Unit more than 20 years ago and continues to this day. The program is strong and has been recognized throughout the state. There are no' plans to end the program or layoff any personnel for equipment or other needs." Mike Kanarick, press secretary for the Governor's office, con firmed that the governor had received McAliley's letter, and that his office was still considering all applications and input from residents. "We're taking any input from the community or that potential supporters have to offer," Kanarick said. "We will make a decision based on all that input in the best interest of law enforcement, the judicial circuit and the people of Pike County."

office of the district attorney is not only fiscally sound, but a mqq!<l of ~7f:~!!~n<:!"!· 'The fiscai state of the office of the district attorney is probably top in the state," he said. "A sufficient amount of funds presently exist and will be used to better serve the people of Coffee and Pike County." Folmar continued by responding to allegations by McAliley that employees in the DA's office were being given Christmas bonuses of up to $4,000 and driving expensive vehicles at tax-payer expense. Without responding to specific allegations, he said that salary supplements to employees are awarded based on performance, evaluations and assigned duties. [0 Folmar, no According members of the office have been forced, as McAliley suggests, to purchase office products out of their own pockets and many of the programs generate revenue by levying fees on offenders. McAliley also told Siegelman that representatives from the





63 33

on-line at www.troymessenger.com

age Davis of Trov drew todav's eather, See page"2A for details,

:l1'1day, December

15, 2002



• •


at www.troymessenger.com

Our Opinion

DA office comes under fire
Practices and procedures in the District Attorney's Office have come under fire in recent weeks, and the public is right to be increasingly concerned. Since Mark Fuller, district attorney for Pike and Coffee counties, resigned Dec. 3 to accept a federal judgeship, a questionable pay raise and challenges to the financial management of the office have surfaced. In the first instance, the state retirement board questioned a pay raise that nearly doubled the salary of an investigator in one year - from $80,000 to $152,000. Fuller said the raise was due the investigator because of extra work done to complete manuals for the office. The retirement board questioned its legitimacy, inferring that the one-year raise was designed to skew the pension calculation for the investigator. Now, the circuit judge who works most closely with the office has written a letter to Gov. Don Siegelman, challenging the fiscal management of the office. Judge George McAliley - who admittedly seeks the DA appointment - says employees in that office were being given Christmas bonuses of up to $4,000, while others were asked to pay for office supplies with their own money, McAliley also hinted that the Child Support Unit was in danger of being closed. Now, the public is left wondering just what is taking place in the District Attorney's office. And until a new DA is appointed by Gov. Don Siegelman, answering those questions. and seeking accountability for the fiscal management is-likely to be a challenge. The top candidates for the appointment are rumored to include McAliley and a current DA office employee. And the governor's office has given no indication when the governor will make the appointment. Instead, spokesmen say only that "we're taking input from the community" in support of potential candidates. Input aside, the governor needs to move quickly to appoint a new DA, and he needs to press for accountability in that office. It is too important to the people of Pike and Coffee counties to be the caught in a firestorrn of allegations and controversy.





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January 2, 2002 R. Donald-Nelsou, Director of Benefits lhcRetirement Systems of J\l!l.b~a Post Office Box 302 t50 Montgomery, AL 36 lJO-2150 RE.: BRUCE L DEV4NE
Dear Mr. Nelson:


Tam wnurig you in response to your letter dated December SrIT concerning the impending retirement of my Chief Investigator, Bruce L. De-Vane. Concerning 'yuur inquiry regarding Me DeVane ts salary variations between. the years 1999 and 2001. Me DeVane was retained inthe position of Chid Investigator when I was appointed District Auomey on January I: 1997; I requested addirional duties of Mr. DeVane beginning Jano:uY 1, I997.which were temporary in nature and required additional responsibilities concerning the change In. management of this. office after I \Y3S appointed District Attorney. Due to financial constraints of this office. upon myassuming the duties of. District Attorney in 1997, I was unable to pay Mr. De Vane for the service; rendered until fiscal year 2000 at which time J increased his salary to reflect the compensation for the
additional services 1 had requested of hi m.

Should you require

further information


this matter, please do not

, hesitate tv contact rne. With best

1 am '

. ccr.Brucc L De Vane




; •••••















. .....;






1. NAME: Full name (include any former names used). Mark Everett Fuller 2. POSITION: State the position for which you.have been nominated.

United States District Judge for the Middle District of Alabama 3. ADDRESS: List current office address and telephone number.· If state of residence differs from your place of employment, please list the state where you currently reside. 98 N. Edwards Street, Enterprise, (334) 347-1142 4. BIRTHPLACE: AL 36330

State date and place of birth.

December 27,1958 Enterprise, Alabama 5. MARITAL STATUS: (include maiden name of wife, or husband's name). List

spouse's occupation, employer's name and business addressees). Please, also indicate

the number of dependent children. Married WIFE'S MAIDEN NAME: Boyd WIFE'S OCCUPATION: Homemaker NUMBER OF DEPENDENT Three (3) CHILDREN:


6. EDUCATION: List in reverse chronological order, listing most recent first, each college, law school, and any other institutions of higher education attended and indicate for each the dates of attendance, whether a degree was received, and the date each degree was received. 1983- 1985 University of Alabama School of Law Juris Doctorate - May, 1985 Cumberland School of Law Transferred University of Alabama School of Law University of Alabama Bachelor of Science in Chemical Engineering - May, 1982

1982 - 1982

1977 - 1982

7. EMPLOYMENT RECORD: List in reverse chronological order, listing most recent first, all business or professional corporations, companies, firms, or other enterprises, partnerships, institutions and organizations, non-profit or otherwise, with which you have been affiliated as an officer, director, partner, proprietor, or employee since graduation from college, whether or not you received payment for your services. Include the name and address of the employer and job title or job description where appropriate. 1997 - Present Office ofthe District Attorney, 12thJudicial Circuit, State of Alabama, 98 N. Edwards Street, Enterprise, Alabama 36330 Position held: District Attorney 1996 -1997 Office of the District Attorney, 12thJudicial Circuit, State of Alabama, 98 N. Edwards Street, Enterprise, Alabama 36330 Position held: Chief Assistant District Attorney 1989 - Present Doss Aviation, Inc. 3320 W. Carefree Circle, Colorado Springs, Colorado 80917 Position held: Chairman 1985 -1996

Cassady, Fuller & Marsh 203 E. Lee Street, Enterprise, Alabama 36330 Position held: Partner & Associate

1985 -1985

Sirotte, Permutt, Friend, Friedman, Held & Apolinsky
2222 Arlington Avenue, Birmingham, Alabama 35255 Position held: Law Clerk




1984 -1984 Cassady, Fuller & Marsh 203 E. Lee Street, Enterprise, Alabama 36330 Position held: Law Clerk 1983 - 1983 Hogan, Smith & Alspaugh 1000 City Federal Building, Birmingham, Alabama 36352 Position held: Law Clerk Part-time Position: 1997 - 2001 WXUS 703 North Daleville Avenue, Daleville, AL 36322 Position Held: Part-time Radio Broadcaster 8. MILITARY SERVICE: Identify any service in the U. S. Military, including dates of service, branch of service, rank or rate, serial number and type of discharge received. None 9. HONORS AND AWARDS; List any scholarships, fellowships, honorary degrees, academic or professional honors, honorary society memberships, military awards, and any other special recognition for outstanding service or achievement. Dean's List- Undergraduate and Law School

Omega Chi Epsilon - Chemical Engineering Honor Society Bench and Bar Legal Honor Society Who's Who Among American Law Students (1983 -1985) Outstanding Young Men of America Who's Who in American Law Strathmore's Who's Who in American Business Law Directory

AV Rating Martindale-Hubbell

Recipient "Miriam Sheehan" Award



10. BAR ASSOCIATIONS: List all bar associations or legal or judicial-related committees, selection panels or conferences of which you are or have been a member, and give the titles and dates of any offices which you have held in such groups. Alabama State Bar Association - (September 1985 - Present) American Bar Association - (1985 - 2000) Member of Character and Fitness Committee - Alabama State Bar (1992-1999) Chairman of Panel V of Character and Fitness Committee ,,' Alabama State Bar (1999-Present) Member of the Task Force on Disaster Response Alabama State Bar (1992-1993) 11. BAR AND COURT ADMISSION: List each state and court in which you have been admitted to practice, including dates of admission and any lapses in membership. Please explain the reason for any lapse of membership. Give the same information for administrative bodies which require special admission to practice. Alabama State Bar Association September 1985 - Present United States District Court for the Middle District of Alabama September 1985 - Present United States District Court for the Northern District of Alabama November 9,1993 - Present United States Court of Appeals, 11th Circuit November 1,1990 - Present 12. MEMBERSHIPS: List all memberships and offices currently and formerly held in professional, business, fraternal, scholarly, civic, charitable, or other organizations since graduation from college, other than those listed in response to Questions 10 or 11. Please indicate whether any of these organizations formerly discriminated or currently discriminates on the basis of race, sex, or religion - either through formal membership requirements or the practical implementation of membership policies. If so, describe any action you have taken to change these policies and practices. Founding Member of S.A.V.E. (Students Against Violence in Education) Founding Member of Coffee County Teen Court



Member of the Board of Directors for the Coffee County Habitat for Humanity (1998-2002) Member of the Board of Directors for AUSA (l999-2001) Member of the Board of Directors for F.A.C.E.S. (Family and Child Educational Services) (1997-Present) Member of the Enterprise Chamber of Commerce Board of Directors (1994-1996) Trustee with the Coffee County Baptist Association (1994-1996) Member and Deacon of First Baptist Church of Enterprise (Secretary 1996) Member of Enterprise Lions Club (3rd Vice President - 1994-1995; 2nd Vice President - 1995-1996; President - 19961997) Coffee County Commission/Countywide Strategic Planning Task Force Member of State of Alabama Republican Executive Committee (1992-1998) Alabama District Attorney's Association (1997-Present) Chairman of the Technology Association (2000-2001) Committee for the Alabama District Attorney's

Member of the Board of Directors for Enterprise Realty, Inc. (1990-1993) Member of the Board of Directors for the Enterprise Country Club, Inc. (2000200!) Board of Directors for Enterprise Quarterback Club (1995-Present) Member of Ethics Committee for Medical Center Enterprise (1992-1996) Member of Enterprise Water Board (1994-2002) Member of the Board of Directors for the Coffee County Arts Alliance (1990-2000) Member of the Alabama Defense Lawyer Association (1985 - Present) Member of the American Bar Association Defense Research Institute (1992 - 1996) Appointed by Governor Guy Hunt to the Alabama Beautification Board (1989)



Board of Directors for Doss Aviation, Inc. ( 1989 - Present) To the best of my knowledge none of the Boards of Directors I have served on have discriminated against any person or persons during the time I served as a Director or while I was involved as a member. 13. PUBLISHED WRITINGS: List the titles, publishers, and dates of books, articles, reports, or other material you have written or edited, including material published on the Internet. Please supply four (4) copies of all published material to the Committee, unless the Committee has advised you that a copy has been obtained from another source. Also, please supply four (4) copies of all speeches delivered to you, in written or videotaped form-over the past ten years, including the date and place where they were delivered, and readily available press reports about the speech. There are no published writings; however, in the course of my position as District Attorney for the State of Alabama, 12th Judicial Circuit, I have made several speeches both in seeking the position of District Attorney and while serving therein. All speeches have been extemporaneously made and to my knowledge no written copies of any speech exist as well as any audio or video tapes of any speeches. 14. CONGRESSIONAL TESTIMONY: List any occasion when you have testified before a committee or subcommittee of the Congress, including the name of the committee or subcommittee, the date of the testimony and a brief description of the substance of the testimony. In addition, please supply four (4) copies of any written statement submitted as testimony and the transcript of the testimony, if in your possession. None 15. HEALTH: Describe the present state of your health and provide the date of your last physical examination. Last Physical Examination: September 19,2001

Absent minor aches and pains due to the normal aging process, I would consider my general health as good. ll6. CITATIONS: If you are or have been a judge, provide:

(a) a short summary and citations for the ten (10) most significant opinions you have written; (b) a short summary and citations for all rulings of yours that were reversed or significantly criticized on appeal, together with a short summary of and citations for the opinions of the reviewing court; and


(c) a short summary of and citations for all significant opinions on federal or state constitutional issues, together with the citation for appellate court rulings on such opinions. If any of the opinions or rulings listed were instate court or were not officially reported, please provide copies of the opinions. None - Not Applicable 17. PUBLIC OFFICE, POLITICAL ACTIVITIES AND AFFILIATIONS:

(a) List chronologically any public offices you have held, federal, state or local, other than judicial offices, including the terms of service and whether such positions were elected or appointed. If appointed, please include the name of the individual who appointed you. Also, state chronologically any unsuccessful candidacies you have had for elective office or nominations for appointed office for which were not confirmed by a state or federal legislative body. (b) Have you ever held a position or played a role in a political campaign? If so, please identify the particulars of the campaign, including the candidate, dates of the campaign, your title and responsibilities. 1. I was appointed to the position of District Attorney by Governor James (January 1997) Fob

I was elected to the position of District Attorney for the 12th Judicial Circuit of Alabama to serve a term of six (6) years (November 1998) I am a member of the Executive Republican Party (1992-1998) 2. Committee for the Alabama

I was chairman of the Coffee County Committee Guy Hunt (1990)

to re-elect Governor

Responsibilities: Organize general public information effort to turn out the vote for Governor Guy Hunt I am chairman Present) Responsibilities: of the Terry Everett for Congress


in an




in an advisory


to Congressman

Everett onre-election efforts.
Since graduation from college I have participated, as a volunteer, in numerous political campaigns, but held a position in only those listed above.



18. LEGAL CAREER: Please answer each part separately. (a) Describe chronologically your law practice and legal experience after graduation from law school including: (1) whether you served as clerk to a judge, and if so, the name for the judge, the court and dates of the period you were a clerk; I have not served as a clerk to a judge. (2) whether you practiced alone, and if so, the addresses and dates; I have not practiced alone during my legal career. (3) the dates, names and addresses of law firms or offices, companies or governmental agencies with which you have been affiliated, and the nature of your affiliation with each. Cassady, Fuller & Marsh 203 E. Lee Street, Enterprise, AL 36330 Office of the District Attorney, 12th Judicial Circuit 98 N. Edwards Street, Enterprise, AL Following my graduation from law school, I began employment immediately with the law firm of Cassady, Fuller & Marsh in Enterprise, Coffee County, Alabama. While employed with Cassady, Fuller & Marsh I sat for the Alabama State Bar in July, 1985 and was successful in receiving my license to practice law . in the State of Alabama on September 27,1985. I continued as an associate with the firm ofCassady, Fuller & Marsh in Enterprise, Alabama and made partner in October, 1986 where I remained in private practice until July 1, 1996. The firm of Cassady, Fuller & Marsh is a small preeminent litigation firm with a history of approximately one hundred (100) years in southeast Alabama. The firm is engaged in the general practice of all aspects of a small, rural practice that has established a reputation as a successful litigation firm in all aspects of state and federal court. On July 1, 1996 I accepted the position as Chief Assistant District Attorney for the rz" Judicial Circuit and held that position until I was appointed District Attorney for the 12th Judicial Circuit by former Governor Fob James on January 1, 1997. I continued to hold the position of District Attorney and was subsequently elected to a full six-year term in November, 1998.




(1) Describe the general character of your law practice and indicate by date if and when its character has changed over the years. The general character of the law I practiced following my graduation from law school in 1985 has been divided between my experience in private practice at the firm of Cassady, Fuller & Marsh and my position in public service with the District Attorney's Office for the 12thJudicial Circuit. From 1985 through June 30,1996, I maintained my practice with Cassady, Fuller & Marsh in the general practice of law and with a concentration in litigation, primarily corporate and insurance defense. My practice also included a general office practice which would involve handling domestic relations matters, general real estate. practice, corporate practice and pro bono work through the appointment.. of criminal defense cases and assisting clients in general legal matters. Beginning in August, 1987 through August, 1992 and approximately February, 1995 through June, 1996 I was appointed as a part-time Assistant District Attorney for the rz" Judicial Circuit. I had the opportunity of representing the people of Pike and Coffee Counties in various criminal matters ranging from capital murder trials through juvenile and district court cases. Beginning July 1, 1996 through the current date, my practice has consisted of representing the State of Alabama, more particularly, the citizens of Pike and Coffee Counties in the prosecution of all criminal matters. Since becoming District Attorney, my practice has evolved into more of a managerial function in overseeing the general operation and practice of the District Attorney's Office, to include a great emphasis on administration. I stay involved in larger litigation cases and frequently try criminal cases during regular jury terms of court.
(2) Describe your typical former clients, and mention the areas, if any, in which you


have specialize. The typical client that I represented while in private practice would be the average, hard-working resident of our rural community. Typically these clients would be insured through your larger insurance companies and corporations and I would represent the client's interest in any proceeding filed against them for which I was retained. I would also represent larger corporations when they were parties to a civil action, primarily in the areas of contract disputes, badfaith, products liability defense, fraud and misrepresentation. While my roles in the Office of District Attorney have varied from a part-time Assistant to a fulltime public servant in the position of District Attorney, the client I would have typically represented has remained the same. It is my privilege and responsibility to represent the citizens of the State of Alabama who have been victimized by those who have chosen to violate the criminal code.




(1) Describe whether you appeared in court frequently, occasionally, or not at all. If the frequency of your appearances in court varied, describe each such variance, providing dates. My legal career has provided me with the opportunity to appear in frequently and has allowed me the opportunity to be involved in a variety of Since I have always enjoyed litigation, my practice, both in civil and criminal has allowed me the opportunity to be in court several times per week on a consistent basis since September, 1985. (2) Indicate the percentage of these appearances in: (A) federal courts; (B) state courts of record; (C) other courts. The cases that I have handled both while I was in private practice and while serving as a District Attorney have been numerous; however, the majority of my litigation practice has been in State courts. I have divided my litigation experience into four (4) categories; total trials, jury trials - civil, jury trials - criminal and federal trials. Of all of the jury trials I have tried, 4% of all cases I have tried to a verdict or judgment have been in federal court. My litigation experience by category is as follows: 5,160 Total Trials: 58 Jury Trials - Civil: 82 Jury Trials - Criminal: 6 Federal Trials: (a) The percentage of cases I have handled in criminal court is 56% of all cases tried before a jury or settled just shy of a jury trial. (b) The percentage of cases I have handled in civil proceedings is 44%. (c) None. (3) Indicate the percentage of these appearances in: (A) civil proceedings; (B) criminal proceedings After great effort, I have been able to estimate the total number of State civil and criminal jury trials I have handled as well as federal jury trials and they are as follows: Jury trials - civil: Jury trials - criminal: Federal: 58 82 6 court cases. cases fairly


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(4) State the number of cases in courts of record you tried to verdict or judgment rather than settled, indicating whether you were sole counsel, chief counsel, or associate counsel. I acted as sole counsel or chief counsel in the vast majority of all of the criminal trials and State civil trials and as co-chief counselor associate counsel in each of the cases tried in federal court. In providing the statistics I have included in this response, I have tried to limit my response to those cases which were tried before a jury to verdict; however, a small percentage of these cases may have settled or pled during the trial process or were settled on the eve of trial. The total percentage of both civil and crimina! eases that were decided by jury ill the 146 cases I have broken out from my litigation experience is greater than 70%. (5) Indicate the percentage of these trials that were decided by jury. Greater than 70%. (d) Describe your practice, if any, before the United States Supreme Court. Please supply four (4) copies of any briefs, amicus or otherwise, and, if applicable, any oral argument transcripts before the U.S. Supreme Court in connection with your practice. None (e) Describe legal services that you have provided to disadvantaged persons or on a pro bono basis, and list specific examples of such service and the amount of time devoted to each. I have been privileged in my career as an attorney in the general, civil practice of law to have been able to provide legal services to disadvantaged persons on a pro bono basis. ThisexpeR"ience would Jnclude the specific instances of appointed counsel to indigent criminal defendants, representation to individuals in legal matters in which children's rights or domestic relations were at issue and the client was incapable of paying for the legal services as well as providing legal services without charge, to churches. These legal services ranged from preparing title opinions and closing loans on church expansions to representing the Coffee Baptist Association and representing the Daleville Korean Presbyterian Church, P.C.A. in a trial regarding the conversion of monies from the church treasury. I have also had the opportunity of being appointed to the task force on disaster response through the Alabama State Bar and providing assistance to disaster victims of floods, tornadoes, and other large natural disasters. 19. LITIGATION: Describe the ten (10) most significant litigated matters which you personally handled, and for each provide the date of representation, the name of the court, the name of the judge or judges before whom the case was litigated and the individual









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name, address, and telephone numbers of co-counsel and of principal counsel for each of the other parties. In addition, please provide the following: (a) the citations, if the cases were reported, and the docket number and date if unreported; (b) a detailed summary of the substance of each case outlining briefly the factual and legal issues involved; (c) the party or parties whom you represented; and

(d) describe in detail the nature of your participation in the litigation and the, final disposition of the case. 1. State of Alabama vs. Willie Simmons "Billy Boy" Jackson CC 87-33 Capital Murder ' Date of representation: 1997 Judge Gary L. McAliley Attorneys for the State: Joel M. Folmar 202 Oleander Drive Panama City Beach, FL 32413 (850) 234-7841 Mark E. Fuller 98 N. Edwards Street Enterprise, AL 36330 (334) 347-3489 Attorneys for the Defendant: Paul A. Young 125 College Street Enterprise, AL 36330 (334) 347-0843 Garth Lindsey Post Office Box 327 Elba, AL 36323 (334) 897-2592 This case involved a charge of Capital Murder against the defendant, Billy Boy Jackson. Mr. Jackson befriended an elderly gentleman whom he subsequently gained entry into his home and robbed the victim of less than one hundred dollars after he had bludgeoned the victim with a wood stove iron, cut his throat with a pair of shears and then shoved a broom handle down his throat in an effort to kill the victim. J, along with then District Attorney Joel M. Folmar represented the State of Alabama at the trial of this matter. This was the first capital murder case




that I had participated in and Mr. Jackson was convictedof Capital Murder and sentenced to die in the electric chair. Presently Mr. Jackson's case is on appeal while Mr. Jackson awaits execution at Holman Prison in Atmore, Alabama. 2. State of Alabama vs. Russell Cutts, Jr. CC 98-B-163 Capital Murder Date of Representation: 1998 through 2000 Judge Robert W. Barr Attorneys for the State: Mark E. Fuller 98 N. Edwards Street Enterprise, AL 36330 (334)347-3489
Glenda Stout 98 N. Edwards Street Enterprise, AL 36330 (334) 347-3489

Attorneys for the Defendant:Paul A. Young 125 College Street Enterprise, AL 36330 (334) 347-0843 Debbie Jared 130 N. Factory Drive Elba, AL 36323 (334) 897-3507

This was a case of capital murder in which the defendant, Russell Cutts, Jr., along with a co-defendant, Jeremy Guthrie, lay in waitat the residence of Russell Cutts' father and step-mother. Upon the arrival of the Cutts, along with the minor children of Russell Cutts' step-mother, Leighanne Manning Cutts, Russell Cutts, Jr. and Jeremy Guthrie executed Russell Cutts, Sr., and Leighanne Manning Cutts by use of a .22 semi-automatic rifle and a 20 gauge semi-automatic shotgun. The adults were executed in the presence of the two minor children. The children were taken into the home by Russell Cutts, Jr. after which Russell Cutts, Jr. wrapped the bodies of his father and stepmother in a tarp and disposed of the bodies by weighing them down with weights and dumping their bodies into a small river some twenty miles away. Russell Cutts, Jr. and Jeremy Guthrie then took the minor children of Leighannc Manning Cutts to the local Dairy Queen where they purchased ice cream for the children within one hour of the murders. Russell Cutts, Jr. and Jeremy Guthrie fled the area the day following the murders and were arrested outside of Bouton, Texas, where they were subsequently extradited to the State of Alabama.


Russell Cutts, Jr. was indicted for Capital Murder under Section 13A-5-40 (a)(10) and was subsequently convicted of capital murder and sentenced to life in the state penitentiary without the possibility of parole. This case involved the offense of capital murder and the trial thereof where there were no eye witnesses available who would testify as to the events occurring on the night in question. The case by the State of Alabama was tried based upon circumstantial evidence. I was the lead counsel in this case and tried. the same along with Assistant District Attorney, Glenda Stout. 3. State of Alabama vs. Sandy Waiter Smith CC 99-H-169 Murder Date of Representation: 1999 through 2001 Judge Thomas E. Head Attorneys for the State: Mark E. Fuller 98 N. Edwards Street Enterprise, AL 36330 (334) 347-3489 Marty Williams 304 S. Edwards Street Enterprise, AL 36330 (334) 347-1314 Attorneys for the Defendant: S. Albert Smith Post Office Box 389 Elba, AL 36323 (334) 897-3658 Lloyd Carr Post Office Box 389 Elba, AL 36323 (334) 897-3658 On August 6, 1999, recent high school graduates, Beth LeAnne Lawson and Daniel Josh Burkett were traveling down a rural county road in Coffee County, Alabama, when a vehicle being driven by the defendant ran through an intersection at approximately 72 miles per hour striking the vehicle in which Lawson and Burkett were passengers, killing Beth LeAnne Lawson. The investigation revealed that the defendant failed to stop at a"'stop sign, was driving in excess of 70 mph at the time of the collision, had a blood alcohol content of .235 and also had the presence of cannabinoid in his system. There- were no statements or any eye witnesses outside of the survivor, Daniel Josh Burkett.



The Coffee County, Enterprise Division, Alabama Grand Jury indicted the defendant for the intentional murder of Beth LeAnne Lawson. This case was tried at the time the Alabama Supreme Court was considering whether reckless or gross negligence or even wanton conduct could satisfy the requirements of intentional conduct under the criminal code of the State of Alabama. The State presented the case against the defendant and all evidence concerning the defendant's speed, alcohol and marijuana in his blood were presented to the jury. The defense alleged that the defendant's employer forced him to ride with him to a point in which he met his girlfriend and then made him drive his vehicle home immediately preceding this.wreck, The defendant refused the offer to charge the jury on any lesser included offenses other than the offense for which he stood charged, that being murder. The jury deiiberated for two days after which they returned a verdict of not guilty. Shortly after the trial of this case, the Alabama Supreme Court ruled that such conduct in cases such as this would not satisfy the statutory requirement of an intentional act necessary under existing laws in Alabama. I was the lead counsel for the State in this case and the defendant was ultimately found not guilty of the offense of murder and pled guilty to the charge of assault involving Josh Burkett and sentenced to a period of eight months in the Coffee County Jail.


State of Alabama vs. Jamie Culpepper CC 98-H-261 & 262 Manslaughter x 2 Date of Representation: 1998 through 1999 Judge Robert W. Barr Attorneys for the State: Mark E. Fuller 98 N. Edwards Street Enterprise, AL 36330 (334) 347-3489 Larry C. Jarrell 111 Williams Street Troy, AL 36081 (334) 566-6896 Attorneys for the Defendant: Joel Williams 609 S. Brundidge Street Troy, AL 36081 (334) 566-3464 On June 8, 1998, the defendant, while operating his motor vehicle, while under the influence of alcohol and in excess of eighty miles per hour on a four-lane, U. S. highway in Troy, Alabama, sideswiped a tractor trailer while




beading south on U. S. 231, causing the defendant's vehicle to cross the median and collide head-on with the victim, Willie Buck Griffm and after coming to rest in the northbound lanes of U. S. Highway 231the victim, Jeff Meredith collided with the defendant's truck while on a motorcycle causing the death of both Willie Buck Griffin and Jeff Meredith. The defendant was charged with the offenses of manslaughter and indicted by the Pike County, Alabama Grand Jury for the offenses of manslaughter pursuant to Section 13A-6-3 of the Code of Alabama. At the trial of this case the defendant alleged that the collision with his vehicle was caused by the tractor trailer crossing into his lane of traffic and sideswiping his truck. The defendant initially requested no lesser included charges other than the charge of manslaughter for which the defendant stood trial. After a recess, the defendant returned to the trial judge and requested that the jury be charged on the lesser included offense of criminaJly negligent homicide. After a brief deliberation, the jury returned it's verdict of guilty against the defendant for two counts of criminally negligent homicide for which the defendant was subsequently sentenced to sixteen years in the Alabama state penitentiary. The defendant appealed his conviction and the Court of Criminal Appeals reversed the conviction on the grounds that the jury was not charged on the lesser included offense of vehicular homicide. The Alabama Supreme Court, during the pendency of this appeal, ruled that the vehicular homicide statute in the State of Alabama was unconstitutional on the basis that it did not specify a criminal state of mind for which an individual must possess to be charged and convicted with such an offense. Not withstanding this ruling by the Alabama Supreme Court, the Court of Criminal Appeals for the State of Alabama reversed this case on the grounds that the trial judge failed to instruct the jury on the lesser included offense of vehicular homicide. This case is presently on the trial docket to be retried and I was lead counsel in the prosecution of this case.


State of Alabama vs. Dieallo Stringer CC 00-H-225 Murder Date of Representation: 2000 Judge Thomas E. Head Mark E. Fuller Attorneys for the State: 98 N. Edwards Street Enterprise, AL 36330 (334) 347-3489 Larry C. JarreJl 111 Williams Street Troy, AL 36081 (334) 566-6896


Attorneys for the Defendant: Randy Arnold Post Office Box 1181 Troy, AL 36081 (334) 566-7200 David Holmes Post Office Box 7 Brundidge, AL 36010 (334) This case involved a random drive-by shouting while the victim, Komomo. Offem was standing in front of a nightclub after midnight on the night in . question. The defendant along with at least two other individuals in the automobile admitted to firing shots while leaving the club as a random act of celebration and alleged to not have been aiming at any particular person. The defendant and the witnesses in the vehicle in which the defendant was a passenger admitted to leaving the club and firing two type of handguns in an act of celebration. The evidence showed that the bullet which struck the victim, leading to his death, was fired from a small caliber handgun recovered in the area where the defendants disposed of the weapon. This case involved the prosecution of the defendant based upon circumstantial evidence that the defendant fired the weapon in question leading to the death of Komomo Offem. I represented the State of Alabama, more particularly the family of the victim, Komomo Offem, and the defendant was found guilty of the offense of murder on September 15, 2000 , by a jury of his peers and sentenced to life in the Alabama state penitentiary.


Braswell v. Conagra, Inc., United States Federal District Court, Middle District of Alabama, Southern Division, Case Numberr. 88-T741S Judge Myron Thompson Date of Representation: 1985 through 1990 Appellate Number 936 F 2nd 1169 ur" Circuit 1991) Attorneys for the Defendant: Kenneth T. Fuller 203 E. Lee Street Enterprise, AL 36330 (334) 347-2626 Joe Cassady, Sr. 203 E. Lee Street Enterprise, AL 36330 (334) 347-2626



Leo Knowles Suite 1400, 1 Central Park Plaza Omaha, Nebraska 68102 (402) 341-3070 Mark E. Fuller 98 N. Edwards Street Enterprise, AL 36330 .(334) 347-3489 Attorneys' for the Plaintiff: Joe S. Pittman (Ret.) 108 Windwood Lane Enterprise, AL 36330 (334) 347-0694 This case involved allegations of numerous poultry producers contracted by Conagra, Inc., to grow chickens. The claims involved allegations of mis-weighing chickens by employees of Conagra, Inc. Through discovery it was learned that certain employees of Conagra, Inc., had intentionally mis-weighed chickens for certain growers causing them monetary loss and effecting the future contracts they had with Conagra, Inc. This matter was tried in the United States District Court for the Middle District of Alabama, Southern Division to a verdict and a verdict was rendered in favor of the plaintiff's poultry growers. This case presented the first exposure I had to large class action litigation and complex litigation matters. I assisted as co-counsel on behalf of Conagra, Inc., and participated in the investigation, trial preparation, trial and subsequent appeal of this matter. The case was ultimately affirmed on appeal. . 7. Dothan Assisted Housing Corporation v. Albert G. Smith. Construction Company, Inc., and Sheets Aiken & Aiken Houston County Circuit Court Case Number: CV 84-4835 Judge Billy Jo Sheffield Date of Representation: September 1985 Attorneys for the Defendant: Mark E. Fuller Smiths, Inc. 98 N. Edwards Street Enterprise, AL 36330 (334) 347-3489 Attorneys for the Plaintiff: Dothan Assisted Housing Robert F. Northcutt Post Office Box 2069 Montgomery, AL 36102-2069 (334) 241-8083


James R. Seale 200 Coosa Street Montgomery, AL 36104 (334) 834-7000 Albert G. Smith, Const. William F. Lee, III Post Office Box 1665 Dothan, AL 36302-1665 (334) 792-4156 John Byrd Post Office Box 536 Dothan, AL 36302-0536 (334) 794-0759

Sheets, Aiken & Aiken

This case involved a complaint by the Dothan Assisted Housing Corporation against Albert G. Smith Construction Company, the general contractor who constructed the Vaughn Towers assisted living facility in Dothan, Houston County, Alabama. The general contractor filed a third party complaint against the architect who in turn filed a third party complaint against each of the subcontractors. Since this was a high rise facility there were approximately fifty parties involved at anyone time and extensive discovery was conducted through the depositions of the various parties and experts. Prior to the trial of this case a settlement was reached. This case gave me the opportunity of seeing how large lawsuits involving multiple parties was handled and gave me an opportunity to participate in complicated settlements of simple allegations. I was the attorney for the subcontractor, Smiths, .Inc., who installed the air conditioning units in the Vaughn Towers facility. The settlement was reached involving my client wherein monetary damages were paid to the Dothan Assisted Housing Corporation.


Martin vs. Martin (494 So. 2nd 97, Ala Civ. App. 1986) Coffee County Circuit Court Case Number: DR 77-272.02 Date of Representation: 1985 - 1986 Judge Riley P. Greene Attorney for the Plaintiff: Mark E. Fuller 98 N. Edwards Street Enterprise, AL 36330 (334) 347-3489

Attorney for the Defendant:Warren Rowe 119 E. College Avenue Enterprise, AL 36330 (334) 347-3401


This case involved an action by Doris Martin, former wife of the respondent, George P. Martin. The petitioner and respondent had been married and, during the course of their marriage had ten children of the union. At the time of the divorce the child in question was an adult and suffered a complete physical disability. My representation of Mrs. Martin was to file a petition seeking the establishment of child support for the disabled child, Angela Martin. This case established the ability for a party to seek support on behalf of an adult, disabled child after divorce and established the principle that a parent has a duty to support a child, even after it has reached adulthood and who has been totally and pernranently disabled since birth. The Alabama Court of Civil Appeals ruled in favor of Mrs. Doris Martin.



Kelly vs. Cenlar Federal Savings Bank, et al Coffee County Circuit Court, Elba Division, Alabama Case Number: CV 1990-5023 Judge Gary L. McAliley United States Federal District Court for the Middle District Alabama Case Number: 94CV698S Judge Ira Denient Date of Representation: Attorney for the Plaintiff: Warren Rowe 119 E. College Street Enterprise, AL 36330 (334) 347-3401 Garth Lindsey Post Office Box 327 Elba, AL 36323 (334) 897-2592 Attorney for Defendant: Mark E. Fuller 98 N. Edwards Street Enterprise, AL 36330 (334) 347-3489


This case involved a complaint by Mr. and Mrs. Kelly against Cenlar Federal Savings Bank and others following the failure of the mortgage company of the Kelly's to maintain the policy of flood insurance on their home prior to the flood in Elba, Alabama, in May, 1990.. In August, 1990, a complaint was filed by the Kellys against Cenlar Federal Savings Bank, the current mortgage holder of the Kellys mortgage along with the former mortgage companies and insurance companies who


had financed the property prior to the mortgage being sold to Cenlar Federal Savings Bank. I represented Cenlar Federal Savings Bank and there were numerous other attorneys representing other defendants. This case involved significant investigation and discovery leading up to this case being scheduled for trial in mid 1994. Approximately one week prior to the scheduled jury trial in this matter, the co-defendants entered into a Mary Carter Agreement in which they met with the plaintiff's attorneys and agreed to contribute $75,000 towards any verdict that would be entered in this matter if the plaintiff's attorneys would not object to the court entering a summary judgment in their favor. The court entered a summary judgment in favor of all co-defendants with the exception of my client, Cenlar Federal Savings Bank within a few days of the scheduled trial of this matter. ':;~~L,.gpon dismissal of the co-defeudantscdiversity ofeitizenship was created and the the plaintiffs had amended their complaint within one year of the dismissal of the codefendants to increase the damages to the amount that would allow removal of this case to the federal court. I filed a petition to remove this matter to the United States Federal District Court for the Middle District of Alabama and this matter was subsequently settled after mediation involving contributions to the plaintiffs by all defendants in the amount of approximately $112,000. This case involved factual and legal issues of fraud and misrepresentation and the apportionment of damages among co-defendants in what I considered to be an unethical manner. Upon removal to federal court it was subsequently settled and all defendants participated in this settlement of the Kelly's claim. 10. Lucille Guinn vs. American Integrity Insurance Company, et. al Covington County Circuit Court Case Number CV 87-28 Date of Representation: 1987 through 1992 Attorney for the Plaintiff: Clark Carpenter Post Office Box 277 Talladega, AL 35161-0277
(256) 362-0081

Attorney for Defendant:

Abner R. Powell Post Office Drawer 969 Andalusia, AL 36420 (334) 222-4103 Merrill Shirley Post Office Box 406 Elba, AL 36323 (334) 897-5775

Attorney for Providers Life:

Mark E. Fuller 98 N. Edwards Street Enterprise, AL 36330 (334) 347-3489


This case involved a complaint by Mrs. Lucille Guinn, an elderly lady against American Integrity Insurance Company, Providers Fidelity Life Insurance Company and two independent agents for each of these companies for fraud and misrepresentation. It was alleged that Mrs. Guinn had been persuaded to cancel certain extended care coverage and Medicare supplemental insurance in which she had already served the waiting periods and obtained coverage to purchase new policies of insurance from American Integrity Insurance. Company and Providers Fidelity Life Insurance Company. It was alleged by the plaintiff that these policies did not provide as good a benefits as the policies in which she had cancelled. "",S;;i'*'represented Providers Fidelity Life Insurance iCompany, a nursing home 'supplemental insurance policy in which Mrs. Guinn had' purchased and stated at trial that she was interested in purchasing' at the time it was sold to her. This case involved complicated issues concerning Medicare Insurance benefits and coverage as well as representing a co-defendant in an action in which the other defendant was guilty of the allegations made against them. The case was tried to a verdict by a jury in Covington County, Alabama, and a verdict was rendered in approximately 1989 against American Integrity Insurance Company. A defense verdict was entered in favor of Providers Fidelity Life Insurance Company. 20. CRIMINAL HISTORY: State whether you have ever been convicted of a crime, within ten years of your nomination, other than a minor traffic violation, that is reflected in a record available to the public, and if so, provide the relevant dates of arrest, charge and disposition and describe the particulars ofthe offense. None 2L PARTY TO CIVIL OR ADMINISTRAIIVE PROCEEpINGS: State whether you, or any business of which you are or were an officer, have ever been a party or otherwise involved as a party in any civil or administrative proceeding, within ten years of your nomination, that is reflected in a record available to the public. If so, please describe in detail the nature of your participation in the litigation and the final disposition of the case. Include all proceedings in which you were a party in interest. Do not list any proceedings in which you were a guardian ad litem, stakeholder, or material witness. While employed as District Attorney for the rz" Judicial Circuit, State of Alabama, I have been named as a defendant in very few legal proceedings, all of which have been in my capacity as District Attorney. These are as follows: 1. Timmy Adams v. Mark E. Fuller, et al Case Number: 01-00-692 CV-6-N United States Court of Appeals, 11th Circuit


Sued by a defendant convicted of capital murder and sentenced to life without parole prior to my tenure as District Attorney. Case was dismissed by Federal District Judge Myron Thompson prior to service. The petitioner appealed this matter to the 11th Circuit where it was dismissed. 2. Jeffery Baker v. Mark E. Fuller, et. al Case Number: CV2001-344 Case filed by a resident of Pike County against me and numerous other political officials seeking some type of administrative relief for access to public records. The 'plaintiffis'pro"sc and on April S, 2002 Circuit Judge Thomas E. Head, HI, dismissed the plaintiff's .cause of action against me. The plaintiff has filed a Motion to Alter or ' Vacate the Judgment where it remains pending today. During my involvement as a stockholder, Officer aud Director of Doss Aviation, Inc. there have been several cases filed, mainly involving employment related matters, against the company. Most of these matters were resolved through the EEOC process. Doss Aviation, Inc. currently employs approximately three hundred individuals in twelve different locations. A list and brief description of each case filed is as follows: Substantially all of the employment related complaints involving Doss Aviation, Inc., have been handled by our corporate attorney, Harry L. Hopkins, at 1900 South'I'rust Tower, 420 N. 20th Street, Birmingham, Alabama 35203, (205) 328-1900 1. Frank G. Messina, Aberdeen, Maryland (Baltimore, Maryland) Date of Claim: May 12, 1994; Settled January 16, 1996 EEOC Case Number: 0901-0003987-95 Frank Messina was employed as an employee of the government contr-actor at Aberdeen, Maryland prior to Doss Aviation, Inc. being awarded this contract in 1994. The contract language required all employees to meet certain physical criteria and have a commercial drivers license to be employed under the contract beginning with the contract Doss Aviation, Inc. was awarded. After Mr. Messina was not retained following the starting date of the' contract as assumed by Doss Aviation, Inc., he filed a complaint with the EEOC office and/or the Department of Labor in Baltimore, Maryland where this matter was subsequently resolved through an agreement with the Department of Labor, the contracting office and Doss Aviation, Inc. 2. Joe Dickinson, Wright-Patterson Air Force Base (Dayton, Ohio) Date of Claim: August 2,1995; Settled January 30, 1996 EEOC Case Number: 22A959438


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Mr. Dickinson was an employee with the former contractor at Wright-Patterson Air Force Base when Doss Aviation, Inc., was awarded the fuels contract in 1995. Doss Aviation, Inc., chose not to hire Mr. Dickinson and a claim was filed by Mr. Dickinson by the Ohio Civil Rights Commission as well as the EEOC office in Cleveland, Ohio. The Ohio Civil Rights Commission determined that the allegations made by Mr. Dickinson were not substantiated on October 26, 1995, and Mr. Dickinson never appealed that decision. The EEOC office in Cleveland reviewed the findings from the Ohio Civil Rights Commission and concurred in their findings and no further action was maintained by Mr. Dickinson. 3. Douglas Welch, Hondo, Bexar County, Texas Date of Claim: December 4, 1995; Settled August 12, 1998 Claim Number: 07-97-0305-CV Mr. Welch was an employee of Doss Aviation, Inc., employed to instruct Air Force flight students at Doss Aviation's contract facility in Hondo, Texas. Mr. Welch was observed making an unsafe maneuver by the military personnel assigned to the Hondo, Texas facility and this was reported to the Doss Aviation, Inc., management personnel with a demand to take actions against Mr. Welch for his actions while piloting the plane with an Air Force student in the traffic pattern. Mr. Welch was terminated and filed a suit against Doss Aviation, Inc., for wrongful termination. This matter was resolved by a summary judgment in favor of Doss Aviation, Inc., and no further action was maintained. 4. Maybelline Porter, Wright-Patterson Air Force Base (Dayton, Ohio) Date of Claim: May 24,1997; Settled August 24, 2000 Claim Number: United States Federal District Court No. C-3-98-506

Porter was employee of Doss Aviation, Inc., and was terminated after a reduction in force at the contract facility at Wright-Patterson Air Force Base in Dayton, Ohio. Ms. Porter filed a discrimination claim against Doss Aviation, Inc., for either age, sex or both and this matter was resolved by summary judgment being entered in Doss Aviation's favor or about August 24, 2000. 5. Paul Lewis, Kingsville, Texas Date of Claim: February 3, 2000; Settled May 26, 2000 EEOC Number: 36BA00090

Mr. Lewis was not employed by Doss Aviation, Inc., when Doss was awarded the fuels \ contract at Kingsville, Texas. Mr. Lewis filed a complaint with the EEOC un February 3, 2000, and after investigating Mr. Lewis' claims the EEOC found there was no basis for his claim. No further action was taken.


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6. Benjamin Bolanos, EI Paso, Texas Date of Claim: August 1,2001 Claim Number: Mr. Bolanos was an employee of Doss Aviation, Inc., at its contract facility at Biggs Army Air Field in EI Paso, Texas. Mr. Bolanos had previously been reprimanded for safety violations while working with military equipment being operated by Doss Aviation at Biggs Field. On July 27, 1999 Mr. Bolanos was observed operating a metal grinding machine without wearing safety glasses by the contracting officer charged with supervising the work performed by Doss Aviation, Inc. The contracting officer's representative, Harold Hintze, wrote a letter to Doss Aviation's contract manager rrequesting immediate action be taken against Mr. Bolanos. Mr. Bolanos was terminated and has filed a wrongful termination suit against Doss Aviation where it still remains in litigation as of the date of this response.
7. Esteban Benavides, Corpus Christi, Texas

Date of Claim: March 8,2002 Claim Number: 02-00992-G, 319th Judicial District Court, Nueces County, Texas Prior to August 29,2001, Mr. Benavides was an employee of Doss Aviation, Inc., at its contract facility with the United States Navy at Corpus Christi, Texas. As part of the employment requirements, the defendant was required to have a valid Department of Transportation Commercial Drivers License. Mr. Benavides had had some medical problems where he was subsequently referred to a physician upon his return to work for a medical clearance and renewal of his Department of Transportation Commercial Drivers License. Due to the continued problems with Mr. Benavides blood pressure, the physician determined that Mr. Benavides did not qualify for the requirements of a Department of Transportation Commercial Drivers License and his employment with Doss Aviation, Inc., was terminated. Following service of this suit upon Doss Aviation, discussions were conducted between the attorney for Mr. Benavides and the attorney representing Doss Aviation, Inc., in Corpus Christi, Texas. Mr. Benavides suit was subsequently settled as of May 2, 2002 and Mr. Benavides no longer works with Doss Aviation, Inc. 22. POTENTIAL CONFLICT OF INTEREST: Explain how you will resolve any potential conflict of interest, including the procedure you will follow in determining these areas of concern. Identify the categories of litigation and financial arrangements that are likely to present potential conflicts of interest during your initial service in the position to which you have been nominated. I have always maintained the highest ethical standard in regards to my commitment to the practice oflaw. In any situation that has ever arisen either in private practice or in public service in which there has been the inference of any conflict of interest I have tried to make that situation known both to the court and to the Alabama State Bar Association. In those situations in which a conflict of interest could raise the




appearance of any impropriety on my part or on part of the court in the performance of my duties and responsibilities as an attorney, I have recused myself from participation. I would hope that there would be no categories of litigation or financial arrangements which would prohibit me from administering my responsibilities as a United States District Judge; however, I will make the same effort identifying any association, be it personal, professional or otherwise, and make known any potential conflict of interest to the parties involved and if the circumstances should warrant, recuse myself from participating in any action assigned to me and request the Chief Judge re-assign that matter to an alternate sitting District Judge. 23. OUTSIDE COMMITMENTS DURING COURT SERVICE: Do you have any plans, commitments, or arrangements to pursue outside employment, with or without compensation, during your service with the court? If so, explain. Since I am unfamiliar with the extent of any permissible involvement in outside activities should I be successful in receiving this appointment, in an abundance of precaution I will attempt to describe the activities I am currently involved in by serving in the Office of District Attorney. I serve and would anticipate seeking guidance from the Judicial Ethics Advisors on my ability to continue to serve as Chairman of the Board of Directors of Doss Aviation, Inc. I would also anticipate continuing my service as a member and deacon of the First Baptist Church of Enterprise as well as serving as a volunteer on civic and charitable Boards of Directors, as time would permit.


List sources and amounts of all income received during the calendar year preceding the nomination, including all salaries, fees, dividends, interest, gifts, rents, royalties, patents, honoraria, and oth.er items exceeding $500. If you prefer to do so, copies of the financial disclosure report, required by the Ethics in Government A;:1. of 1978, may be substituted here.

See Financial Disclosure Report attached. 25. STATEMENT OF NET WORTH: Complete and attach the financial net worth statement in detail. Add schedules as called for. See Financial Statement of Net Worth attached 26. SELECTION PROCESS: Is there a selection committee recommend candidates for nomination to the federal courts? No. (a) If so, did it recommend your nomination?

your jurisdiction to




Not applicable (b) Describe your experience in the judicial selection process, including the circumstances leading to your nomination and the interviews in which you participated. I have been very impressed, and to some point overwhelmed, by the seriousness all parties have shown in selecting the best candidate to fill this judicial position. I have been privileged to have interviewed with each of my State Senators, Senators Shelby and Sessions, on two (2) separate occasions prior to them recommending my namebe-Jorwardcd to the President, In April, 2002, I met with Judge, Gonzalez and Representatives from theWhite House Counsel's Office as well as a Representative from the Office of Legal Policy. !had a very thorough interview with the White House Counsel and staff. I next filled out a series of questionnaires and security forms preceding the background check and I participated in several interviews conducted by the Justice Department. On August 1,2002, I was notified that President Bush had nominated me to the position of United States District Judge for the Middle District of Alabama. (c) Has anyone involved in the process of selecting you as a judicial nominee discussed with you any specific case, legal issue or question in a manner that could reasonably be interpreted as asking or seeking a commitment as to how you would rule on such case, issue, or question? If so, please explain fully. No.




2, Court or Organization

I .
1. ~

Re.p. 1/2001

Report Required by the Ethic; in Government Act of 1978. (5 US.c. App .. §§101-111)

Reporting (Last name.first, middle initial)

3. Date of Report

Fuller, Mark E.
4. Title
(Article Ill judges indicate active or senior status; magistrate judges indicate full- or part-lime)

Distric.t Court - Middle District Alabama
5. ReportType (check appropriate t)'pe)

August 6 , 2002

6. Reporting Period

JDited States District Judge .'ominee .. N >.7 Chambers or Office Address

..!. Nomination,
Initial 8.

Date Annual


January 1, 2001 thru August 1, 2002


18 N. Edwards Street

On the basis of the information contained in this Report and any modifications pertaining tbereto, it is, in my opinion, in compliance witli applicable laws and regulations.



e ,'.


(Reporting individual only; see pp. 9-13 of Instructions.}

NONE (No reportable positions.)



& Chairman ctor

Doss Av.:iatioll, Inc. Coffee County Habitat:for Humanity F.A.C.E.S. (see attached sheet)
(Reporting individual only; see pp, 14-16 oj Instructions.)



(No reportable agreements.)




~ NONE (No reportable


(Reporting individualand

spouse; see pp. 17·24 oj Instructions)


(yours. not spouse's)


001 ~OOI

State of Alabama ike County Commission Coffee County Commission WXUS (Part-time 4 weeks) Doss Aviation, Inc.


1,000 1,000 200


001 2001


s 76,387
(see attached sheet)








.. ;.


POSITIONS POSITION NAME OF ORGANIZATIONIENTITY Enterprise Country Club, Inc. Enterprise Quarterback Club, Inc.

4. Director 5. Director


III. .


INCOME - 2000 GROSS INCOME $92,169.42 $ 8,300.77 $8,299.98 $ 200.00

SOURCE AND TYPE State of Alabama Pike County Commission Coffee County Commission WXUS (Part-time 4 weeks) Doss Aviation, Inc. IV. NON-INVESTMENT INCOME - 2002


SOURCE AND TYPE State of Alabama Pike County Commission Coffee County Commission Doss Aviation, Inc.

GROSS INCOME $78;347.50 $ $ 583.31 583.31


Name of Person Reporting Date of Report

;1 ";i NCIAL T.

DISCLOSURE REPORT - transportation,

Mark Everett Fuller
lodging, food, entertainment.

August:· 6,. 1002

:Includes those

spouse and dependent

See pp. 25-27 of Instructions.}


NONE (No such reportable reimbursements.)



(Includes those


spouse and dependent


See pp. 28-31 of Instructions.)


NONE (No such reportable gifts.)·




$ $



those a/spouse

and dependent children

See pp. 31-33 of Instructions.)

] NONE (No reportable liabilities.)







on stock purchase


Name of Person Reporting

Date of Report







6., 2~02

.I Page 1 INVESTMENTS and TRUSTS -- income, value, transactions
. spouse and dependent children. See pp. 34-57 a/Instructions)





(No reportable income, assets,

o s s: Aviation,

Ihc. Fuller






tl.. C L

III Mark Everett

G. Edwards. Horieyuia rke t.:
1ag:ra Foods, Ihc.


Div Div Div



Exempt Exempt Exempt

~k Corp9ration
B. Fuller Moneymarket

1A /12 Lisa \.

G. Edwards


Div Div



Exempt Exempt


Foods, Hie. custodian

E. Fuller

.no r s Act. ·L~nagra Foods,

IInc. Inc. custodian



_ _-..

Div Div

J J 2)


Exempt Exempt



Tk E. Fuller

(C ild No

rs Act Inc.


Div Div Div



Exempt Exempt Ex em t

_L::eaneering, Inc. c>nagra Foods, Inc.

Name of Person Reporting

. Date of Report




Mark Everett ... Fuller

Aligust; 6, 2002

1- Page 2 INVESTMENTS and TRUSTS -- income, value, transactions
spouse and dependent children. See pp. 34-57 of lnstructions.}

those of

~ J


(NO reportable income, assets, or transactions}.

E. Fuller custodian
Act Foods, Inc. Enc,

( hild





Div Int



Exempt Exempt

D :;sAv·iation,

~.me of Person Reporting

Date of Report




Mark Everett


Angus r 6
those of



V L Page 3 INVESTMENTS and TRUSTS -- income, value, transactions
spouse and dependent children. See pp. 3"4-57 of Instructions.)

.NONE ..

(No reportabie. !ncomc, assets, or transacuonsj. ..

------t-. ---

.___._-1' ..

ame or Person Reporting

Date of Report



Mark Everett Fuller


August 6,


V"I. Page 4 INVESTMENTS and TRUSTS -- income, value, transactions
spouse and dependent children. See pp. 34-57 of lnstructions.) .

those of


(Norepcrtable Jncome, assets, or transactions)

4 5 6






- ""--t-~"-·--",,,,,,-













-. _ ..





Name of Person Reporting

Date of Repoit


Mark Everett


August 6 , 2(){)2


(Indicate part of Report.)

c tify that all information given above (including information pertaining to my spouse and minor or dependent children, if any) is te rue, and complete to the best of my knowledge and belief, and that any information notreported was withheld because it met tble statutory provisions permitting non-disclosure. . -


fi her certify that earned income from outside employment and honoraria andthe acceptance of gifts which have been reported are in an.,e with the provisions of 5 V_S.C. app., § 501 et. seq., 5 U.S.C: § .7353 and Judicial Conference regulations.








6. 2002

Provide a complete, current financial net worth statement which itemizes in detail all assets (including bank accounts, real estate, securities, trusts, investments, and other financial holdings) all liabilities (including debts, mortgages, loans, and other financial obligations) of yourself, your spouse, and other immediate members of your household.

Cash on hand in banks $ 15,055

Notes Payable to banks (secured) Notes Payable to banks (unsecured) $ 41,618 (see schedule A) Notes Payabie to Relatives Notes Payable to Others Accounts and Bills due Unpaid Income Tax Other Unpaid Income & Int Real Estate Mortgages pay (see schedule D) $ 650,000 Chattel Mortgages & other Other debts-itemize: $ 75,000 88,154 $ 0 $ 0 $ 415,000 $ 0 $ 94,500

U. S. Government Securities

Listed securities Unlisted securities Accounts and Notes Rec

$1,30 I,250 (see schedule B) $ 70,900

Due from Relatives & Friends Due from others Doubtful

Real Estate Owned Real Estate Mortgages Rec Autos & Personal Property Cash Value-Life Insurance Other Assets Itemize


Total Liabilities: Net 'North: Total Assets: $2,241,977 Total Liabilities and net worths:

$ 509,500 .~1,732,477 $2,241,977



GENERAL INFORMATION Are any assets pledged? (Add Schedule) (see schedule E) Are you Defendant in any suits or legal actions? Have you ever taken bankruptcy? Yes

As endorser, comaker or guarantor - 6mm (see schedule C)

On Leases or contracts


No No

Legal Claims Provision for Federal Income Tax Other special debt




IRA #1 Mark E. Fuller
A G. Edwards Moneymarket Conagra Foods, Inc. Lo Jack Corporation $1,752.00 $8,734.00
$ 664.00

IRA #2 Spouse
A G. Edwards Moneymarket Conagra Foods, Inc. $ 464.00 $ 922.00

Conagra Foods, Inc. Loewen Group, Inc. $]],239,04


Hurry, Inc. Oceaneering, Inc. Conagra Foods, Inc. Loewen Group, Inc.


$ 5,310.00 $ 6,253.48 $


Conagra Foods, Inc. $ 6,253.48


Stock in Doss Aviation, Inc.



.A.. endorser, co-maker or guarantor s


Personal Guarantee on commercial notes with SouthTrust Bank and Regions Bank: for Doss Aviation, Inc.




Washington Mutual Allgemeines Treuuntemehmen Trust

$315,000.00 $100,000.00

· i.

Pledged assets Residence located at 350 shares of common stock in Doss Aviation, Inc.



Vol. XXIX -

No. :2


289,000 MEMBERS

i\ugust 2003

A Federal Judge & Integrity-,
Part 1
.. :lny <1ec[ld"!i :Igo.

Who Cares?
Part 1
By David G, BrOlin",

on", of

sent them b.l.ek to state cour t 10 Jet the


tote YES on September
).\ 1

9 for

A/HOal'l\lI's betic I' P\JOII(: .. •.servants, Mr: McI C<x:tpcr
(tiw first director o~'tho AIa.l>aTnil.




have il,.·ir day in

'. \. /

Oovernor Riley's Account-



the cesspool of En roo.

abi!;\>, and Tax Reform Plan if'yon love Alabama and Y01U' fclb",
citizens. YESrnean;; ~t••.. te better' schools.



superb advice to
~t:i.lC'd, "IC it

never scoms to end. MOJ.""
w cr-c i0<;ntiflC'd and andcd

those who choo~c to live in the fish bowl

Enron big rnis-



and I

of public service.

I Ic


I.•. "uit, which w

'W •••.••



in govC'J'l)tnent th~t

h;;d anJ .you Ju not want it. 0.0 th" frQnt
pi'ge. (6C'll do u ot do jt !"

te!ke, Once a.,ain,



thoua-ht would

be .•. I:$alhy in

removed this case

federal court. This

AI:>.b.-u:u,,,-Will we with all of
real, But

enter pacad ise solved? Get

~ to the

lvtu-k F~ Fuller, newly "ppuinlUnin:tl Stat= Elcycnth LXstri.ct

rime the case was ;tssi!>U"d to newly .:tppointcd Judge Fuller .• JwJge Fuller
<lid not Il'toUlt RS.K. rcq ucst
c<.Ise 10 seed


Court in Montgomery, has recently denied Alabamians rhe right to face the
miscre ants of Enron in st'lte court




st ate


:.B Judge

by inv""ting in our future nnd our children's Iuture, Alubama Cur'! avoid the "Iide into third-world (':CO(\01)1 ic ~tatJ.l~. If you arc so ;;clf·<:c,~tcc~dth"t
rcfuBe to


had previously clooo, b\lt Jet to be conRo/i.Jatc,l



ye •.. [''Go, the RSA took it .r

the case be rrnnsfcrred to I(,cl<'r~ oour-t in Housron. Texas with the huG'c national pending the,.,,:
In the m eao.t imc. the dllfelKbilts

= the

necd to reform and then

upon itsdf

in state court,


no. No

fund Alabama.

und WorldCom nFfi<,erx "lung with the ind; vie! ual~ "Il'l companies tbilt 1'll.1.dc mil! io ns off advising ,md <1.«!'i/lti ng



the bi[{ mules, millionaire s. and bi~ ou t-of-stnre rimber companies IhM 11.1 legally a.voided. vt:
means taxes for






appealed Judg(, Albrirtons

will continue

to do so.

'rhe- H:..S/'~ fil~d


Remember rhar couples

:\8'~~')5r th" Enrcm off;ccno,

;u,l..,t~ "nd

the Ala.b,l.nli\ Circuit



and th<, WorIJ(A,m the dd~nd,lnL'



0F Appeals

I""" th=> $150,000 ",ill pl.y the same O!' loss in taxes I It does not take a. brain
gory. ~urc;con to

(";d'-'l~ and abcrtors ••.f'r.,,,.mnnth" "p"r(.
!\:; expected.

ruled that Abb.1m"

get, its day in state' will dif',;UH ho""

.see that


in each

just ns -Judge Albritton

Abb"mil\ll~ Ye.:tn; U.S,

(65%) fall into that ca tcit wa.' miulc publ;,. rhar


to f0.cfcr",1
in the

Next mccrh,


hoping to

!;o(~them down

Jvdge Fuller nppcorcd Ix"h,rc the RRS of Control
ro ~ivc

qtl.1gmir(l \VorldCom




ca sc s





l:,ilc0 to convin<.'C' the ERS nUJ.rJ of
Control boost h;~ rri"nd ,. $330,000 in retirement inc.ome, :In,1 how hi" >.,mi;ul.

na tj o n a i <:~tL.".n

Pc.:1lJ.in6 iu

one-third of Cou n t,Y and paid no ta.xes-abst.ll'dr ( wal pt\,v rn or-c in
unrlcr the Accountability

Sreel owned

re,lcf"! !itraig!.l




st a t c s.


t.L."C~ '["X


Cl,icr U.i"l. District .Judge; \V i Iar"I,j f.l!Jf'illoH saizl MI. IlL'

..p;';Y-b.,.z,k~ ,.,Jkds "very .'\ld

Rcl orm Piaa. 1 should



should too l

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