In the case of the Fannin Focus publisher Mark Brannon Thomason and Attorney Russell Stookey, there a several questions that remain unanswered about the subpoena for bank records. How did they get the bank account number on the subpoena? Who gave them checks with the account number? Thomason said some checks appeared to have been cashed. Who told him the checks appeared to have been cashed? FYN held interviews with Russell Stookey, Fannin County Financial Director Rita Davis Kirby. Subsequent to those interviews, Mark Thomason released a statement concerning the checks, but first some back story.
Thomason and Stookey were arrested Friday 6-24-16. Thomason was charged with three counts; identity fraud, attempt to commit identity fraud and making a false statement. Stookey was charged with two counts; identity fraud and attempt to commit identity fraud.
Appalachian Judicial District Chief Superior Court Brenda Weaver filed the complaint with the District Attorney’s office. DA, B. Alison Sosebee presented the charges to a Pickens County Grand Jury made up of sixteen citizens. The Grand Jury returned true bills on both Thomason and Stookey.
The State and National media pounced on the sensationalism of “journalist went to jail violating his First Amendment Rights, freedom of the press”. They didn’t seem to be interested in researching any of the facts of the case. So why should they research when they have hooked the big fish, head of the JQC (Judicial Qualifying Commission), Brenda Weaver. Now that is a fish you don’t throw back into the water regardless the facts.
Judge Weaver sent DA Sosebee a letter requesting the charges against Thomason and Stookey be dropped. DA Sosebee has prepared a motion to have the case dropped.
Senior Judge Richard Winegarden has announced he will hold a hearing for the dismissal of the charges brought against Mark Thomason and Russell Stookey on July 18 at 3pm in Pickens County court.
If Judge Winegarden dismisses the case, that still begs the question, were the un-redacted checks given to Thomason or Stookey or both?
When an open records request is filed with the County for banking information, it is the responsibility of the County CFO to redact the account and routing numbers from the check before releasing the check. The Fannin County CFO is Rita Davis Kirby.
FYN interviewed Russell Stookey Tuesday on our morning show, “Good Morning from the Office”. Here is the transcript of some questions we asked Stookey about the subpoena and checks during our interview.
What were you looking for with the subpoena?
“We were looking for one check, that’s all we needed. We got in trouble because we were asking for that one check”.
The subpoena on Stearns Bank had account numbers on it and during the interview, Stooked agreed that when you do an open records request for checks, the account numbers are to be redacted..
Where did you get the bank account numbers to do the subpoena?
“ They were from checks that had been used to pay other bills,”
I showed Stookey a copy of the subpoena on my computer.
“This is the subpoena that was been posted online.”
“That’s the first time I have seen that”
“Where did you get the checks?”
“I believe he (Thomason) got those checks from either the County Attorney or I think it might have been Mrs Kirby.”
“So you already had some so checks from 2015?”
“I don’t know…I never saw the checks.”
“You never saw them?”
“I never saw the checks.”
“Checks appeared to have been cashed?”
“A banking officer had told Mark that a check appeared to be irregular because it had been cashed.”
I asked Stookey if he had seen the letters from the three county CFO’s (Pickens – Faye Harvey, Gilmer – Sandi Holden and Fannin – Rita Kirby) stating that after reviewing the checks that they appeared to be properly endorsed and deposited. Stookey responded that he had not seen them but he was aware of them.
After our interview with Stookey, Mark Thomason the publisher of the Fannin Focus released the following statement: “Any and all information contained on a subpoena served to Stearns Bank was acquired through open records request filed on Fannin County by Mark Thomason. Copies of checks and any banking information were provided to the Fannin Focus by Fannin County Financial Director, Rita Kirby. No banking numbers were redacted by Mrs. Kirby and were disclosed through a proper open records request that was filed”.
FYN interviewed Fannin County Chief Financial Director Rita Davis Kirby last Friday live on our show from Sycamore Crossing in downtown Blue Ridge.
“Did you give un-redacted checks to Mark Thomason?”
“First and foremost, I did not give them (the checks) to Mark Thomason. The checks he received were received through means other than myself. I gave those checks he’s talking about directly to our County Attorney Lynn Doss”.
“Did you give un-redacted checks to County Attorney Lynn Doss?”
“Yes, the County has attorney client privilege.”
You did give checks?
County Attorney asked for them?
And you gave them to her?
Not Mark Thomason?
“Not Mark Thomason”.
Please note: It is not necessary for Kirby to redact information when giving the information to the County Attorney.
When Kirby wrote her letter concerning her review of checks possibly being cashed, she stated that the checks appeared to be endorsed and deposited properly but Kirby went one step further by referencing her previous banking career.
After Kirby’s comments stating that she gave the checks to County Attorney Lynn Doss, FYN reached out to Doss for a comment. Doss sent FYN the following response:
Sir: As you are aware there are pending investigations as to the matters
you referenced. As you are also aware, I am listed as a witness.
Therefore, it is not appropriate for me to make any comment. Thank you”.
Judge Richard Winegarden may dismiss the case against Thomason and Stookey Monday but one thing is for sure, he can’t dismiss the facts. FYN has done an open records request for the complete file on this case. We want to know the full story concerning the checks. This story will not end Monday…it will be just the beginning.
Fannin Focus Publisher Mark Thomason Arrested along with Thomason’s Attorney Stookey – Transported to Pickens Jail
Fannin Focus Publisher Mark Thomason Indicted along with attorney Russell Stookey, 1 Count Making False Statement, 2 counts Identity Fraud
Vicki Rhodes of Morganton and Cathy Patterson of Mineral Bluff head to the Fannin Board of Education meeting.
Fannin County Board of Education held a three and one-half hour meeting on Thursday night, May 12th. Two and a half hours were public comments about transgender bathrooms in Fannin County Schools.
It was standing-room only in the high school cafeteria. Even more people were in the gymnasium. Fannin Rebel TV, the high school television station, broadcast the meeting live to the people in the gym. Around forty people gave comments about transgender bathrooms and people who do not fit traditional male/female gender identity. Except for attorney Ken Fletcher, everyone who spoke lives in Fannin county, has children in the school system or went through the school system themselves. By the amount of people at the School Board meeting, Fannin County sent a loud and clear message to the School Board that they don’t want transgender bathrooms in Fannin schools. There were no counter-protesters outside the School Board meeting or along the walk from the First Baptist Church to the Fannin County High School cafeteria.
The meeting opened with an invocation from the Pastor of World Harvest Church North in McCaysville. During his prayer, he thanked the Board for being here to serve God’s will first to students’ well-being, education and protection. Bobby Bearden, Chair of the Fannin County School Board reminded the audience that the Board will take everything you say under serious consideration. He also said that the Board is not here tonight to vote on anything about transgender bathrooms.
Comments from the Fannin County Community – Parents, Students and Graduates
The overwhelming theme of the forty plus people who gave comments was about privacy and safety of the children. Many parents asked the Board why the schools couldn’t have a third bathroom option for transgender students. At least two parents said that if the school allowed transgender children to use the bathroom of their choice, they will sue the school to build a private bathroom stall for their children. Parent after parent said that they would pull their children out of the Fannin County School system if the schools have transgender bathrooms. Some parents scolded the Board for putting federal funding ahead of their children’s well-being. If the Fannin County School System chooses to not have transgender bathrooms, the school system could lose $3.5 million in federal funding.
Almost every speaker identified him or herself as a Christian. Most talked about how the Bible teaches two genders, male and female. Some parents, like Deena Daughtery, said that they had moved to Fannin County because of its morals. Many speakers said that they couldn’t believe that the fight over transgender bathrooms had come to Fannin County.
The pastor of Sugar Creek Baptist Church expressed sympathy for the School Board because they were between a rock and hard place in having to make a choice about transgender bathrooms.
Four people spoke on behalf of Fannin community members who don’t fit traditional male/female gender identity. Xavier Eaton, a graduate of Fannin County, is transgender. He said about his time in school, “Everything I went through here was torment. You don’t know what it is like to be hated.” He asked the audience to teach children to co-exist with things they don’t believe in. Julia Pruitt, a Fannin County resident and self-stated lesbian, said that she was listening to ignorance all around her at the meeting. As a Christian, she believes that Jesus left her with one commandment, “Love thy neighbor.” She told the audience that this (a transgender student) is somebody’s baby that we are talking about. A therapist practicing in Fannin County told the audience that she was there to let students know that there are other children in Fannin and surrounding counties who are transgender and there are support networks students can reach out to. She encouraged Fannin students to resist fear-based messages.
Some high school and middle school students spoke. They indicated that students were not ready to accept transgender bathrooms at school. Two 8th grade girls had the shortest and most simple comment about transgender bathroom. It summed up what many parents said without a long explanations. The girls said, “I don’t want to go to the bathroom and see a boy there.”
Anthony Walton’s Comments
Anthony Walton, organizer of Fannin community members who disapprove of transgender bathrooms, spoke for about 15 minutes. He had several main points.
First, was that people cannot serve God and money. The Fannin school system needs to make a choice to follow Christian ideas and not be concerned about losing $3.5 million. People are letting the federal government control us with money. He said that from teaching evolution to acceptance of transgender bathrooms, the US education agenda is immoral and it is time to say “enough!”.
Second, he see transgendered bathrooms as a slippery slope to allowing perversion in school. He said that if we accept that transgender people are hard-wired to be different, then how do we know that schools won’t see pedophiles as people who are just hard-wired to be different. Eventually the schools could end up hiring pedophiles to teach our children and there could be perverts in the bathrooms with our daughters and wives. He gave several examples of how students participating in activities normally reserved for the opposite gender could upset school life. He said these kind of situations make confusion for students. What if male athletes play on female teams; what would this do to the playoffs?
He finished up his remarks by promising the School Board that your neighbors and friends in this room will stand with you until the bitter end.
Alliance Defending Freedom’s comments
Attorney Ken Fletcher, an attorney from Alliance Defending Freedom (see website) was there. His organization is offering to assist the Fannin County School Board with developing a bathroom policy. His idea is to have a private school clinic or faculty bathroom that is open for transgender students. He told the audience that people who have gender dysphoria live a life of heartache and that there is a 20% suicide rate among transgender people. Mr. Fletcher believes that forcing transgender bathrooms on people is an example of government overreach and transgender bathrooms are another example of President Obama’s executive actions that are forcing unacceptable moral changes in public schools.
County Attorney Lynn Doss’ Comments
Fannin County Attorney Lynn Doss spoke for the Board of Education. She first cleared up some rumors that have been going around. She said that Fannin County schools do not have unisex bathrooms and that the School Board is not voting on transgender bathrooms. Also, non one in the Fannin County school system has had their job threatened over this issue. About the $3.5 million the school system could lose if it provides transgender bathrooms, she said that Fannin County can do without the $3.5 million. The real money problem is that the school system could be fined $1,000 a day for not providing bathroom. The school system could not take that financial loss. Like Mr. Fletcher, she said that requiring transgender bathrooms in public schools is another example of government overreach.
Ms. Doss went on to tell the audience that if they really don’t want transgender bathrooms in the schools, they should take their fight to people who have the possibility to change this rule. The Fannin County School System could refuse to provide transgender bathrooms, but the school system’s action has no power to change the law. Ms. Doss encouraged everyone to write Gov. Deal and their state and national Senators and Representatives. She thanked Georgia House Speaker David Ralston for taking a proactive stand for Fannin County.
Superintendent Mark Henson’s Comments
At 8:30, two and one-half hours after public comments began, the Board was ready to move into new business. First, everyone took a 15 minute break. Then the School Board sat back down to do what it usually does at monthly School Board meetings: listen to and approve purchase requests, go over budget and hear about school programs. (read about the other topics on the School Board May meeting here)
At the end of the School Board meeting, around 9:10, Superintendent Henson gave his remarks about the meeting. He always sums up School Board meetings and talks about plans for the schools in his end-of-meetings comments.
Mr. Henson promised that everyone employed in the school system, from general staff to teachers to district administrators to the School Board, does everything in their power to keep students safe. He promises that the School Board will do its best to find a workable solution over the summer.
He talked about the everyday problems that the controversy over transgender bathrooms is bringing to Fannin schools. He said, “If we let this tear us down, then it will.” He talked about how the school system has so much going for it. For example, this year’s test scores are in the 11% highest group in Georgia. Fannin county schools have so much to look forward to said Mr. Henson. Then, he announced that the school system is purchasing the Farmer’s Market space next to Swan Drive-In for $350,000 and will build a state-of-the-art agriculture center, something Fannin’s agriculture programs have desperately needed for a long time.
Mr. Henson talked about the disruption this controversy is causing at one of the most critical times in the school year. “We are only six days from the end of the school year… Everyone needs to calm down and back up.”
I will resign before I let this school system fall apart. – Mark Henson
Then, Mr. Henson said what he personally will do about the situation; “I will resign before I let this school system fall apart.” This is an especially strong statement from Mr. Henson because he is a graduate of Fannin County schools, his father was high school principal here, his wife works at the school and his children attend Fannin County schools.
Mr. Henson’s comments also covered rumors floating around that Fannin County employees’ jobs are being threatened and the School Board has held secret meetings to make decisions about transgender bathrooms.
He said absolutely no one’s job has been threatened. In fact, several school system employees spoke at the meeting about why they don’t want transgender bathrooms. Mr. Henson then asked the pastor of Sugar Creek Baptist Church if he felt his job with the school system was threatened because he spoke against the School Board and transgender bathrooms. The pastor said, “Absolutely not.” In fact, Anthony Walden, the organizer of the protest against transgender bathrooms, works closely with the school system. He is a School Resource Officer at Fannin County Middle School.
Mr. Henson said that there had been no secret meetings of the School Board about transgender bathrooms. Mr. Henson, the Fannin County School Board and school system employees pride themselves in how they run a very transparent school system. Everyone they can read all documents, meeting minutes, school information and school system budget on Fannin’s School Board website. (click here to view the website) . The School Board did go into Executive Session at their workshop meeting on Tuesday. But, it was to discuss land acquisition (the purchase of the Farmer’s Market) and personnel issues. April and May is the time when school systems do most of their hiring.
Mr. Henson closed out his comments with thanking all the District Office employees who came out to support the School Board and the school system.
School Board Members’ Comments
Finally, it was time for the last item on the agenda, School Board members’ comments about the meeting.
Steve Stanley promised Mr. Henson that “the cavalry (the School Board) it going to stay right where it is at.” Mr. Stanley is proud of the new agriculture facility coming to the school system. He has worked closely with Future Farmers of America and seen how desperately the students need it.
Lewis DeWeese said he wished people knew about the caliber of people we have here. “We are proud of our team. All are top-notch God-fearing people who care about children.”
Terry Bramlett said that the people at the meeting tonight should share the same level of passion with representatives in Washington. He encouraged everyone to write to state and national officials whose duty it is to make legislation about transgender bathrooms. He shares Mr. Henson’s and Mr. Stanley’s enthusiasm about the new Agriculture Center and reminded the audience that agriculture remains the largest industry in Georgia.
Sandra Mercier said that when she thinks about this controversy, she looks to her personal inspirational statement which she has engraved on her bracelet: “God grant me the serenity to change what I can, accept what I can’t and the wisdom to know the difference.”
School Board Chair Bobby Bearden said that he was the Board member that told people he was “in it to the end.” Mr. Bearden was referring to two commenters’ statements that they would call out the Board member who promised to take it to the end if the School Board member doesn’t do what Fannin residents feel about transgender bathrooms.
The School Board meeting ended at 9:30.
See related posts:
See Related Videos:
“The Georgia Open Records Act applies to Georgia citizens getting information from a Georgia entity.”