Judge instructs grand jury to consider Phenix City voter fraud allegations

Russell County’s chief judge called the hand of the Alabama attorney general’s office Monday morning when he instructed the new grand jury to consider the case of alleged Phenix City election fraud.

Circuit Court Judge Michael Bellamy charged the grand jury, which has the responsibility to determine whether there should be an indictment in potential crimes, to consider facts from alleged voter fraud in a Nov. 14 Phenix City Council special election.

Grand jury proceedings are held in secret, but the courtroom was open to media and a half dozen members of the Community of Concerned Clergy, a group of black ministers who have pushed the city and Board of Education on racial equality issues.

“I have charged them to consider the evidence that was presented to me in December,” Bellamy said after the grand jury left the courtroom.

The problem is there’s not a prosecutor to present that evidence. Russell County District Attorney Ken Davis recused himself in January, citing a conflict of interest. That sent the case to the office of Alabama Attorney General Steve Marshall. There was not a representative from the attorney general’s office in court Monday, as Bellamy noted.

Davis was in the courtroom and presented multiple cases to the grand jury.

Bellamy said he had made repeated calls to the attorney general’s office, the last one Monday morning, and has not gotten a response. Davis said he was going to contact the attorney general, as well.

“I don’t know what else to do,” Bellamy said.

Later in the day, Bellamy said he talked to Matt Hart, who leads the attorney general’s special prosecution division. When contacted by the Ledger-Enquirer, Hart said he could not discuss a particular case.

Phenix City Police Chief Ray Smith sat outside the courtroom with an extensive file next to him. Bellamy said that Smith, who led the investigation of voter fraud, was prepared to testify in front of the grand jury.

After the jury went into the closed grand jury, Smith left the Russell County Justice Center.

Smith sent his investigative file to the attorney general’s office in May and has corresponded via email, but has not met with an attorney in that office, he said.

The allegations of voter fraud stem from the Nov. 14 called election when Vickey Carter Johnson fell just short of winning the seat that was vacated by the death of District 2 Councilmember Johnnie Robinson.

Carter Johnson, the eventual winner of the seat, was forced into a December runoff against second-place finisher Baxley Oswalt.

A Phenix City Realtor who lived in Auburn was seen voting in the November special election. The Board of Realtors had endorsed Oswalt and the vote was challenged.

That raised concerns and Phenix City police launched an investigation. That probe determined that 82 people had registered to vote using business addresses and not their residence in violation of Alabama law.

Of those 82, about 30 were determined to have voted in the November election. The Realtor who sparked the initial interest, Chris Lammons, was registered to vote at the Board of Realtors office on Crawford Road.

This is not the first time Bellamy has addressed this matter.

After a December hearing, Bellamy aked that the District Attorney’s Office and the Alabama Attorney General investigate potential voter fraud. Bellamy held a hearing in which the Russell County Board of Registrars, one of the defendants, was asking the court to dismiss the complaint filed in the alleged voter fraud.

“The court finds justice requires that the petitioners request that the alleged illegal activity be investigated has merit and allegations of fraud and illegal voting shall be investigated,” Bellamy wrote at the time.

After that hearing, Davis recused his office. That put the matter in the hands of the attorney general.

This story was originally published August 13, 2018 at 11:50 AM.