Bolton's Hearing Day I Part I

Merit Officer has been extremely fair in presiding over the hearing. McKinney tried numerous times to objected based on the grounds that much of what happened (with Bolton) happened before Ellis took office. The merit officer allowed questioning to continue. The County has asked numerous witnesses if Bolton appeared impaired or confused (during the time he was in the hospital) to establish that he was in no way mentally impaired. All witnesses testified that he was in no way impaired. The County also worked to establish that the CEO was at the top of the Chain of Command by asking numerous witnesses who was at the top, the Chief or the CEO. All answered the CEO. Keisha's Uniform was a hot topic today due to her civilian nature and wearing a police uniform. the badge on her arm was the biggest issue. Bolton's team worked hard to prove that her badge was different, that it said "Director". Captain Woodard: Stated she drove the Mercedes to a community meeting for the purpose of asking the DA's office if they wanted the vehicle. She said Geary turned her down saying the DA wouldn't hear of it. She later said under Cross examination from McKinney that she offered them the RR too and they didn't want it either. She did not tell Bolton that the DA's office had turned down the vehicles.Saw Bolton driving the RR on Panola Road in the summer of 2008, late on a Sunday evening. Tip Green: Stated Keisha Williams drove a fully loaded Crown Vic with blue lights/radio. Stated Bolton told him to replace Keisha's car after the news story broke where she was interviewed after leaving the Mexican Restaurant. Tip expressed concern over Keisha being in an Admin Crown Vic, thought she should have been in a civilian car. Order to replace Keisha's car with another Crown Vic came from Bolton via Karen Anderson. Order for RR came from Bolton via KA. Tip personally delivered the car to Bolton's house and put it in the garage. Bolton had told him where to find the garage door opener. In March of 2008, Bolton had 5 vehicles assigned to him: The Range Rover, 2 Suburbans, Charger and a Crown Vic. He also had 3 drivers, each with their own vehicle. Order for the Mercedes came the same way as the Range Rover: Bolton, to Karen Anderson to Tip Green. Tip refueled the RR and the Mercedes 2 or 3 times a month wither with the a County issue Shell Card or a County Issue gas key. He would drive to Bolton's house, refuel, and return the car. The County paid for the fuel. Gas was charged to the CID cost center, not Bolton's cost center. Tip would also handle service, oil changes, and car washes for the RR and Mercedes. He said other than one car wash, he paid for the car washes out of his own pocket because it was easier than going through the chain of command to get reimbursed. Tip stated that the RR and the Mercedes never left the CID cost center. They were never assigned to Bolton's cost center because Bolton told Tip he did not want the cars in his cost center. When asked if Tip questioned that, he said "No, he was the chief of police, I was a MPO." Tip said in Oct. or Nov. of 2008 Bolton asked Tip to remove the vehicles from his home. No reason was given and Tip did not ask why. Tip was instructed to call Frank to get instructions on where to move the vehicles. it was close to midnight when Tip and Frank met at a QT to drive over to Bolton's home to remove the vehicles. Bolton let them into the garage, but did not discuss reasons for removing the vehicles. Both vehicles were moved to Frank's home in Walton County. Bolton initially wanted cars at a storage facility, not at Frank's home.

Late November or early December Tip was once again asked to move the vehicles. He and another officer (Brannen) went to move the vehicles. His initial understanding was that he was to find a place to hide the vehicles (not in a County storage facility). However, Karen Anderson stepped in and said they were tired of hiding the vehicles and to return them to the fleet. Tip noted that the Mercedes was a CLS500, and the Range Rover was a basic model. He added "2 of the nicest cars in the fleet. No, the best cars in the fleet." When McKinney cross-examined Tip Green he asked if Admin Vehicles were also assigned to the CEO's office. Tip said Yes. McKinney asked if Kimbrough had one and if Kimbrough was a civilian. Tip said Yes to both questions. When questioned by McKinney on a possible reason why Bolton wouldn't want cars in his cost ceneter, perhaps for security reasons and the Open Records Act (that someone might be able to get a list of Bolton's vehicles). Tip stated No. Don Frank: Don Frank became involved in Keisha Williams termination only because Bolton called him and asked him to talk to Karen Anderson and tell her not to terminated KW before Bolton got back into town. Frank followed Bolton's orders to talk to KA, but that was the extent of his involvement. Frank said he did not follow up with Bolton after talking with KA. Frank's testimony on the removal of cars from Bolton's home closely matches Tip's testimony above. He said after the cars were at his house for 2 - 3 weeks, he got a call from KA saying he had been seen driving the cars. He said he had been out of town at a funeral, and also a conference. When asked if he knew if Keisha Williams had police training Frank answered No (with a smile). When asked if it was unusual for the Acting Chief to terminate a director, Frank answered yes, but when questioned by the county again later if the CEO had the authority to terminate KW, Franks answered Yes. They further asked if an order is given should it be carried out. Franks answered yes. Travis Sakrison- Deputy Chief Assistant District Attorney: Sakrison handles Forfeiture law for the county. Sakrison stated the value of the cars was approx: RR $30,000 and the Mercedes $75,000 and he explained Forfeiture Law. He stated that when a vehicle is distributed the law states the vehicle needs to be used for official law enforcement purpose. When asked "Should the RR and the Mercedes be used for specific law enforcement purpose with this orider?" Sakrison answered "Yes." When asked upon Cross examination if driving to meetings qualified Sakrison answered "I guess so." He was asked by the county if having a car at your house to drive around on the weekends is official use. Sakrison answered No. Upon cross examination he was asked by McKinney "If you are driving to official meetings on the weekend does that qualify as official use?" Sakrison answered "That would be different." Sakrison stated that the vehicles were better suited for undercover police work, and that the vehicles did not suit the needs of the DA's office. When asked what he drives Sakrison stated he drove an Audi, but wasn't sure what year. He said it is always in the shop. When asked what car the DA drove, he was not sure. Sakrison talked about Federal Laws in place regarding forfeiture but when questioned said the law does not define "official use." Don Geary - Chief Assistant District Attorney: When asked if he had knowledge of the RR and the Mercedes Geary stated "Yes. We do all the legal work for the Police Department and the vehicles are then forfeited back to the department."

Geary explained that when he the DA's office needed cars for official DA business they used to contact ET Edmunson and make arrangements verbally. Then there was a shift to a more formal process and DA's office had to send vehicle requests to Karen Anderson. It was his understanding that this change was put in place by Bolton, for the purpose of having more control, and that there was a desire to have more supervision over where the cars went. Prior to the change when requests were handled verbally Geary stated they never requested specific vehicle makes/models. He also stated "It is not uncommon for us to receive cars with 180K miles" and that many of the cars break down while being utilized by the DA's office. Prior to the change from ET to Karen Anderson, Woodard asked if the DA's office wanted the Mercedes. Geary said "I thought it was too flashy." He also stated he later asked the DA and she agreed it wasn't good for their purposes. When asked if he had seen a copy of the Pre-termination letter (from CEO Ellis to Bolton), he answered yes. When questioned he said "I believe the DA wrote a response to the fact that the DA did not want the RR or the Mercedes." The County tried to admit the DA's letter to CEO Ellis into evidence, because the letter was relevant to show Bolton was not honest), but McKinney objected stating the DA's letter was written more than a month after the Pre-termination letter. Argument from both sides on this issue, and the Merit Officer stepped in to say she had heard sufficient non-refuted testimony today on the fact that the DA did not want the cars. The letter from the DA to CEO was not admitted into evidence for this reason. Karen Anderson (from early morning session): Numerous questions on Keisha's car, uniform. Said she couldn't think of a reason why KW would need a uniform. Said KW was also called chief of staff. Car: points made KWs car was not a marked car but had blue lights. Sworn officers reported to KW. Termination of KW: - Letter from KA to KW to terminate employment admitted into evidence. Letter sent by order of CEO. - Meeting prior to KW termination meeting w CEO, ken B. and KA. CEO wanted newsletter taken off site and wanted KW terminated. - Bolton ordered KA not to terminated said she was not protected (legally) and that the County would only cover $50K and KW could sue for millions. Also told her to pray - Scrutiny of phone logs regarding Bolton calls to KA after Ellis meeting. - KA said she did not answer ALL of boltons calls....about 8 to 10 calls that night and into the next morning. -Established Bolton sounded of clear mind. Not impaired. KA said he was agitated/raised voice - KA spoke with Frank/Rancifer/Harrell regarding KW's termination. - Sent termination letter via certified mail because she could not get in touch with KW Weekly Staff Meetings : - Bolton's email regarding Staff Meeting to be held at 8am. Unusual due to circumstances. - Additional mandatory 9:30am meeting on same day - Normal staff meetings are held at 10am. Second meeting was with Bolton, Bush and KA while KA was still acting chief Vehicles: - KA said she made the call to narcotics to let them know Bolton wanted the RR in March 2008.

Bolton was going to give a Charger and a Suburban in return. -Phyllis questioned how they even know about vehicles. KA explained legal process and list of seized vehicles. - Phyllis also asked who normally uses cars. KA answered narcotics normally. - KA said she didn't know about all the cars, dates etc until after the facts (had some knowledge but not all) - KA said Bolton said he needed to hide cars. Asked KA, tip green and frank to handle it. KA did not participate in hiding. - Email from Don Geary asking for 4 vehicles for DAs office. The Mercedes and RR were never on the list nor requested. Graduation: - General questions about program and what CEO Ellis said and Bolton's follow up remark. McKinney's Cross-exam of KA: Crown Vic: McKinney trying to establish that the Vic was assigned to the department, not specifically to KW. KA said it was assigned to KW and deferred further questions to Tip Green - Said she never saw KW operate radio, blue lights, - KA was not aware Kimbrough had a vic (as a civilian employee) Uniform - McKinney trying to establish KWs patches are different. KA does not remember - Mckinney asks if Ka saw a civilian wearing a police patch wouldn't it trouble her enough to report it. KA said "No...it was different with Keisha. When people went to the chief with problems with Keisha he got mad." -McKinney still trying to establish KWs badges were different, that it said director. KA finally states to the best of her recollection KW's badge said director -KA did not like a civilian being over sworn officers. The Merit Officer probed this subject said Keisha never would have given her an order.