Judge denied us diversion to “Make me look as bad as possible” Says Rosanne Ward.

Benton County, Tennessee. March 3, 2006

Indicted Benton County Clerk, Rosanne Ward who is busy campaigning from her elected office and turning her courthouse office into a campaign headquarters took some time out of her day to explain her opinion on her felony case which is yet to be heard in the appellate courts.

 Rosanne and her husband, Jerry Ward were indicted last year for felony counts of crimes against revenue officers with the Department of Revenue in Nashville, Tennessee when they knowingly and willingly underreported the purchase price of a $21,000.00 boat, claiming they paid $6,000.00 for the vessel.  Rosanne Ward signed fraudulent documents and submitted them to the state and was caught by the Comptrollers office during an annual audit. Ward admitted to the Comptrollers office that she knew about the underreporting at the time she filed the documents, which is a felony in the state of Tennessee.

Mrs. Ward is now claiming to various citizens in her bid for reelection, that Benton County Circuit Court Judge, Julian P. Guinn used impropriety in his refusal to allow the husband and wife conspirators diversion in their felony case.

Mrs. Ward claims that Judge Guinn deliberately refused her and her husband diversion on their case because he (Judge Guinn) knew that the Wards would appeal his decision, causing their case to be continued into the election year, and to “Make me look as bad as possible” said Rosanne Ward.

Mrs. Ward claims that the case is all but over and that though she has not received anything in writing her attorney has received notice from the Attorney General, Paul G. Summers that the trial court judge, Julian P. Guinn was wrong for not granting the Wards diversion, and that Attorney General Summers had notified the appellate court that the Wards were entitled to diversion and that “the appellate court listens to the recommendations of the Attorney General.” Said Rosanne Ward.

Research shows that the Attorney General has indeed issued an opinion on Diversion in criminal cases.

The opinion offered states, “In Tennessee, there are two procedures commonly referred to as diversion: pretrial diversion and judicial diversion. The district attorney general has the discretion to grant pretrial diversion pursuant to Tenn. Code Ann. § 40-15-105. Pursuant to that statute, the defendant and the district attorney general may enter into a memorandum of understanding, which suspends the prosecution for up to two years in exchange for the defendant’s acceptance of specified conduct regulations and other terms. § 40-15-105(a)(1). The memorandum of understanding becomes effective upon approval of the trial court. § 40-15-105(b). Thereafter, the case is either dismissed upon the defendant’s successful completion of the diversionary term or the prosecution is resumed upon the defendant’s violation of the agreement. § 40-15-105(d) and (e). The trial court has the discretion to grant judicial diversion pursuant to Tenn. Code Ann. §40-35-313. Pursuant to that statute, when sentencing a convicted criminal, the court may defer further proceedings against a qualified defendant and place such defendant on probation . . . without entering a judgment of guilty and with the consent of the qualified defendant.”

Nothing in the Attorney Generals January, 2006 opinion reflects the statements on Mrs. Wards claim that the Attorney General has “ruled” against Judge Julian P. Guinn as Mrs. Ward had claimed. The opinion offered by the Attorney General does not cite the Ward case in any way, and does not state that any indicted felon is guaranteed diversion by the courts.  In fact, Attorney General Summers opinion states that the trial court has the discretion to grant judicial diversion pursuant to Tennessee law. Judge Guinn has the authority to refuse diversion to the Wards and refer the Wards case to trial by jury.

The appellate court has not handed down its opinion on the Wards case as of today, Friday, March 3, 2006.

You can read more at www.rosanneward.com

On a radio show broadcast on WFWL/WRJB out of Camden Tennessee on Saturday, February 26, 2006 James L. Peach Sr. the Chairman of the Benton County Republican Party said “I would like to go on to say that I think he (Mark Ward) would make a wonderful County Mayor.” The statement can be considered a violation of the Republican party bylaws which state that no Chairman shall endorse any single candidate in a contested primary.

 While Webster’s dictionary defines "Endorse" as "a validation" both James L. Peach and Mark Ward deny that any endorsement was made.

Mr. Peach "validated" Mark Wards ability to be Mayor by stating that Mr. Ward would make a “wonderful County Mayor” The Chairman’s statement is at 8 minutes and 17 seconds into the program from the time Ron Lane, owner of the radio station and moderator of the paid political program in which the BCRP was to address their platform, begins speaking on the program.

At 37 minutes and 36 seconds in to the 42 minute program James L. Peach Sr. is asked about the then upcoming Tuesday night commission meeting and its importance in regards to the jail.  James L. Peach says, “Before I get into that I would like to acknowledge the fact that we do have another person running for county Mayor, she's uh, Patricia Kyle..."

On one hand James L. Peach Sr. makes the statement that Mark Ward would make a "wonderful county Mayor" on the other he only "acknowledges" Patricia Kyle as a candidate. No "validation" or endorsement was given for both candidates, only one, Mark Ward.

In a lengthy conversation with Mark Ward on Sunday, March 6, 2006, Mr. Ward stated that he believed that no endorsement was made and requested that

 www.bentoncounty.info  to make the program available for the general public to listen to so they can hear it and decide if James L. Peach did in fact endorse Mark Ward. We are happy to provide that service.

Simply click the link. www.bentoncounty.info/repradio the program is provided in its entirety

Owners Note: Thank you for your question. As I hope everyone knows by now, I have a dedication to bringing only facts to this website and the other websites I own here in Benton County. I can understand your concerns for the use of quotation marks on certain parts of the news that was reported in this event. The words used in quotation marks were in deed the very words of Rosanne K. Ward. I do not like to quote anything out of context and I appreciate you stepping up and holding me accountable for the news I report and questioning the facts. I only wish other citizens in Benton County would follow your example and start asking questions of their elected officials. I do realize that some people require proof, and not just the words of the owner of the number one rated website in Benton County, Tennessee as proof enough. To answer your question I offer the link below which is the audio of Rosanne K. Ward speaking about the items mentioned in the news article you referred to in your letter. Thank you for being a reader of www.bentoncounty.info
Joe Kyle, Owner.

CLICK HERE For Rosanne Ward Audio.

The Benton County Legislative body refused to obey the law once again at last night’s county commission meeting.

Commissioner Robert Pace from the 6^th district pointed out that at last months meeting the county Mayor had appointed three members to the new Sheriffs Department Civil Service board.
The law as read by pace and supplied to all 18 commissioners prior to the meeting states that no member of the civil service board can be on any other board, by elect6ion or vote.
Thornton stated that he would stand by his appointments. Rodger Pafford argued that the commission had chosen the members of the board because they had voted on it. Pafford obviously doesn’t know the difference between Choose, and approve. The legislative body, according to the law was to choose three members to sit on the civil service board, but County Mayor Jimmy Thornton extended his official powers and single handedly made the appointment in which Thornton claimed that all appointments are “non debatable”.
Several citizens stood up at the public portion and asked why the county commission could or would sit there and vote to ignore the law.  
Nancy Blackwell of Big Sandy asked how the commission could refuse to follow the law when it had been presented to them so clearly. Vivian Mahan asked that the commission please take another look at the law, that even though the members appointed by Benton County Mayor are good people, it is against the law for them to hold a seat on the civil service board because they hold other appointments and seats on other boards. Mrs. Mahan stated that she knew of at least six boards that one appointee was a member of and the civil service law states that No Member Can Sit on The Civil Service Board if they sit on any board at all. The information and please from commissioner Pace and the citizens fell on deaf ears as commissioner Dwayne Cole stated that he was good friends and neighbors with one of the appointees, and claimed that it would be difficult to find a more honest person.
Vivian Mahan tried to explain to the commissioners that it was not about some one being a good person, or a question of some ones character; it was about following the law.
Commissioner Pace tried at the beginning of the meeting to get a commissioner who voted “Yes” to approve the appointments to bring the motion to the legislative body to declare the vote null and void and/or rescind the resolution so that the members could be appointed correctly, none of the commissioners who voted yes would comply.
Pace tried a second time under “Any Other Business” at the end of the meeting but again, no commissioner chose to make a motion to obey the law. Benton County Mayor, Jimmy Thornton told Pace, "I stand by my actions" (The illegal appointments)

See video clip of citizens asking commission to obey the law here.

Clerk fails in vote count. Use obscene gestures to show how they feel about citizens.
March 21, 2006.
Benton County, Tennessee

During last nights County Commission Meeting, Rosanne K. Ward who is running for reelection regardless of her current indictment on felony and misdemeanor charges, failed to call all of the names of the legislative body when it came to voting on resolutions. Ward failed to call for the vote of Commissioner Debbie Dye on five resolutions. During the “Other Business” portion of the meeting Dye pointed out to the Clerk that she had not been called upon for any votes and had to tell the Clerk how she would have voted, would her name have been called.

Ward took Mrs. Dyes votes and added them to her list but then failed to correct the vote count publicly.

Immediately after the meeting adjourned, the Clerk, Rosanne Ward and a Deputy Clerk, Tammy Parker began taking pictures of citizens with a camera, then trying to hide the camera as people would look to see where the flash was coming from. Parker was seen by a number of citizens, flipping off (Flipping the middle finger) which is a well known sign for an obscene gesture to members of the audience in the courtroom after the meeting.

After the meeting several members of the attending audience were heard discussing the behavior of the Clerk and Deputy Clerk. The general opinion seemed to be that it was childish and disgusting for a Clerk and Deputy Clerk to be treating citizens in the manner in which they were and that both Ward and Parker should be “Ashamed of their behavior, they are supposed to be grow women and county employees”. “It is no wonder Benton County looks so bad to other counties in Tennessee when you have Clerks and Employees using obscene gestures towards the very people that pay their paychecks, I learned how I will be voting this election”, said one member of the audience.
You can view a short video clip of Commissioner Dye calling for a vote correction here.<