A motion to dismiss was filed Monday morning asking to drop charges against a county grant writer.
Attorney Yancey White filed the motion on behalf of his client Pam Mathis, accused of forgery 2ndand official misconduct over a document she penned that the grand jury viewed as forged.
“This motion to dismiss is based on the document in question and it cannot be an act of forgery because it was a memorandum of facts,” White said. “This does not constitute forgery. It was a memorandum documenting a conversation over a road issue.”
White has previously defended his client saying she was doing her “due diligence” and was “doing her job” to gather facts surrounding an issue of a washed-out bridge/tile at Camp House Road on Elk Creek that occurred in February.
The attorney quoted several past cases as evidence on why the indictment charges should be dismissed.
Assistant Commonwealth Attorney Harold Rader says he feels the indictment should not be dismissed.
“The first person to testify to the grand jury was county road foreman Tom Beatty,” Rader told the court. “He was given this letter by county judge-executive Johnny Johnson. Mr. Beatty recognized that something wasn’t right with the letter and took it to the county attorney and disaster of emergency services director David Watson. He was given this letter to do work on private property with county funds and county equipment.”
White also told the court that the commonwealth had on the first page of the two-page document in question when presenting it to the grand jury. The end of the first page had Department of Local Government Attorney Greg Ladd’s name on it. The adjoining page had the names of Pamela Mathis, Johnny Johnson and Robert Stivers.
Rader also contends that ‘three versions’ of the letter exists, but he did not elaborate further on what that meant.
White countered saying he only knows of one document and that was a two-page memorandum and it was presented to the grand jury as a letter.
“There is no signature on this document,” he said. “It was not prepared fraudulently.”
Judge House said he would not rule on the issue today but would take it under review.
White entered a not guilty plea for his client with a pretrial conference set for November 4th.
Landowners of the road in question have since signed off allowing the county to adopt the road into their road system to repair the bridge/tile.