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Jun 25, 2009 | Posted by: David Divelbiss

Ninth Judicial Watch: KNS Editorial Says Justice Not Served; Critical of Plea-Bargain in Shooting

Full story: www.knoxnews.com

Knoxville News-Sentinel editorial, June 26, 2009: Justice was not served when prosecutors in the Ninth Judicial District agreed to five years' probation for a Lenoir City man who shot his girlfriend to death. John Kenneth Harvey, 26, was originally charged with second-degree murder in the February 2008 death of Savannah Cass McMahan, 21. Harvey admits he was arguing with McMahan when he picked up a loaded .22 from a nearby table. The two argued often, according to McMahan's father, who said Harvey bullied his daughter, and "she said she was going to leave him several times before the shooting." The gun was a single-action revolver, and the detective in the case said it had to be cocked before it could be fired. The powder burns he found showed McMahan was shot at close range....... If prosecutors could not do better than a no-jail-time deal in that case, they should have gone to trial and let 12 citizens decide who had the best ballistics expert. This plea bargain simply undermines faith in the judicial process. (The full editorial is longer than Topix allows on the news board. To read it in its entirety, visit the accompanying link. The Ninth Judicial District includes Loudon, Roane, Morgan, and Meigs counties.)

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W-Escue
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#1
Jun 25, 2009
 
Does this really surprise anyone?When is everyone going to come out and let their voices be heard?It is most everyone's opinion in Roane County that he lied his way into office and that we want him out!He is not doing his job and is abusing his power,he takes only the SOLID open and shut cases where he basically works for doing nothing as is seen in this case.Once again there is nothing "honorable" about this person.
W-Escue
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#2
Jun 25, 2009
 
What detectives and please don't say B.R.Ladd or Sanchez,they are total want a be's...... A joke is what is in the DAG office in Roane County,starting with their leader...in our opinion.
Old Pro

Tamaroa, IL

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#3
Jun 25, 2009
 

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This is a perfect example of the kind of justice we get down here in east lower nowhere TN. Not only is the DAG either too lazy or incompetent to handle killers, thieves and other crooks, he delegates investigations to the attorney's for the accused and exposes whistle blowers to danger from retribution. But if you think the DAG is bad, you should see what goes on in the courts. Judge William Russell lets extortionists use his Small claims court to collect illegal "debts" , refuses to even look at evidence that the claims are unsubstantiated and orders everyone to pay. Especially if the claim is filed by that cute little female lawyer who wears those short short skirts, Alexis Smith, who represents Maryville Collection Service. Old Judge Russell practically drools over her. A Knox Co. Commissioner told me, "Everyone knows about that Maryville Collection Service." So they have got to be operating in more than our three couties.While I am at it. Didn't Lenoir City decide to cut Maryville Collection Service in for a cut of the delinquent fines and fees that are collected? That little Smith gal sure gets around. The moral is, Don't look for justice using the legal system in this area. Maybe it's time to revive the old time tried and true system. Does anyone want to join me in a tar and feathers party?

Joined: Jun 23, 2007

Comments: 1358

Maryville, TN

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#4
Jun 26, 2009
 

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W-Escue wrote:
What detectives and please don't say B.R.Ladd or Sanchez,they are total want a be's...... A joke is what is in the DAG office in Roane County,starting with their leader...in our opinion.
Before running for District Attorney General, Russell Johnson was:
1. state representative, and;
2. owner of Southeastern Title & Abstract Company, in downtown Loudon.

It is becoming increasingly apparent that Johnson's "experience" as an attorney doesn't go much (if at all) beyond doing property deeds and titles. I cannot find any criminal law experience that he has.(If anyone knows of any, I'd be interested to see it.)

Having such an attorney as your DAG is somewhat akin to going in for a triple-bypass operation, and learning that a gynecologist will be performing it.

Besides recusing himself from the Houston brothers' murder trials (so the state could appoint real prosecutors), here is a sampling of Russell Johnson's plea bargaining.
(He could not do all of this alone. Ninth District Criminal Court Judge E. Eugene Eblen has a part in it too.):

1. Drag-racing death of Tabitha Helton (an innocent bystander) in Lenoir City, results in a 120-day jail sentence.
http://www.wbir.com/news/local/story.aspx...
2. Execution-style murder at the Yarberry Peninsula Campground in Loudon County (1st-degree murder), victim shot in the back of the head, reduced to 2nd-degree murder, results in 15-year sentence for the murderer.
http://www.knoxnews.com/news/2007/sep/28/trio...
3. Man gets 90 days in jail for raping 14-year old stepdaughter.
http://www.knoxnews.com/news/2008/oct/28/man-...
4. 2nd degree Murder charge reduced to manslaughter, results in five years' probation with no jail time.
http://www.knoxnews.com/news/2009/jun/20/fami...

Summary: When defense attorneys know your prosecutor cannot really prosecute, it enables them to drive a really HARD bargain!
W-Escue

United States

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#5
Jun 26, 2009
 
David, I think you just became a hero to me,as I said before, I know certain things going on in this county but I sure didn't know that the DAG for the 9th judicial district hasn't any law experience at all,I also cannot find anything on his profession to be helping the people by "PROSECUTING" criminals instead of "slapping them on the wrist".If I do find anything I'll let you know ASAP.I do know of him making a threat to a citizen if he did not go along with his story on a certain individual,I'll fill you in on that as time allows.I would love to see all of this on ANY of the news channels but I will not hold my breath.

Joined: Jun 23, 2007

Comments: 1358

Maryville, TN

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#6
Jun 26, 2009
 
W-Escue wrote:
David, I think you just became a hero to me,as I said before, I know certain things going on in this county but I sure didn't know that the DAG for the 9th judicial district hasn't any law experience at all,I also cannot find anything on his profession to be helping the people by "PROSECUTING" criminals instead of "slapping them on the wrist".If I do find anything I'll let you know ASAP.I do know of him making a threat to a citizen if he did not go along with his story on a certain individual,I'll fill you in on that as time allows.I would love to see all of this on ANY of the news channels but I will not hold my breath.
If that's true, I'd love to know all about it.
davedivelbiss@yahoo.com
I believe you have now accused the DAG of suborning perjury.

Joined: Jun 23, 2007

Comments: 1358

Maryville, TN

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#7
Jun 26, 2009
 

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W. Escue,
Living in Roane County,(and coming in through the Roane County Topix board) you probably don't know what "Old Pro" was talking about in post #3
Old Pro wrote:
Not only is the DAG either too lazy or incompetent to handle killers, thieves and other crooks, he delegates investigations to the attorney's for the accused and exposes whistle blowers to danger from retribution.
This is said to have happened in Tellico Village.
If interested, read about it here:
http://www.topix.com/forum/city/tellico-villa...
Note especially post #7.
The allegation is that Russell Johnson said he did not have time to investigate embezzlement, so he turned the matter over to the accused embezzler's defense attorney, and asked him to do the investigation for him.
The RJ Farce

Knoxville, TN

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#8
Jun 26, 2009
 

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He also protected Loudon County and Lenoir City officials while he was in the State House of Representatives by calling off the dogs in the state while they were investigating wrong doing in different offices. I don't think our counties can stand 5 more years of this so called DAG. Something needs to be done to put him on his way along with his other crooked buddies.
W-Escue

United States

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#9
Jun 27, 2009
 
I will be talking to you,David Divelbiss very soon,within the next few weeks anyway.With all the wrong doings that go on here I have to be just right on my timing with everything I say and do as you might would guess when corruption is running rapid as it is in Roane County.I hope to be able to talk to you very soon.
huggybear

Knoxville, TN

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#10
Jun 27, 2009
 

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20 years ago Paul Harvey said Loudon county was the place to committ a murder and get away with it.
Are you people not ashamed that the only time Loudon makes national news is when it's leaders screw up?
Did the school department learn anything from the DUI bus driver issue that made good morning America?
You elect thieves, liars and dolts and you wonder why things are so messed up.
Well, actually the truth is, most of you slackjaw hillbillies don't wonder about anything more complicated than who's gonna win the high school football game Friday night.

Maybe you get the kind of government you deserve.
rpg
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#11
Jun 28, 2009
 
Yet people still think justice was served when Mary Winkler was given a tiny slao on the wrist for murdering her husband.
Old PRO

Logan, IL

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#12
Jun 28, 2009
 
The RJ Farce wrote:
He also protected Loudon County and Lenoir City officials while he was in the State House of Representatives by calling off the dogs in the state while they were investigating wrong doing in different offices. I don't think our counties can stand 5 more years of this so called DAG. Something needs to be done to put him on his way along with his other crooked buddies.
The way to get rid of Johnson is to file charges against him with the Board of Professional Responsibility. He actively violated professional ethics when he gave Bud Gilbert evidence against one of his clients and assigned him to investigate the charges. Of course Gilbert found they were unsubstantiated and Johnson accepted his report and closed the case. That alone is enough to have his law license revoked. He can't practice law, privately or as ATG if he ain't got no license. If others know of other ethics lapses, it wouldn't hurt for there to be more than one complaint filed against him. Every little bit helps.
one

Knoxville, TN

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#13
Jul 3, 2009
 
rpg wrote:
Yet people still think justice was served when Mary Winkler was given a tiny slao on the wrist for murdering her husband.
Great point

Joined: Jun 23, 2007

Comments: 1358

Whittier, CA

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#14
Jul 4, 2009
 
rpg wrote:
Yet people still think justice was served when Mary Winkler was given a tiny slao on the wrist for murdering her husband.
Probably the idiots in the 9th DAG's office think that.
W-Escue

Kissimmee, FL

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#15
Jul 15, 2009
 
Russell Johnson has violated his own office ethics and some peoples civil rights,I'll keep posting true comments about him until we get someone that sees these comments and comes forth to help us,the tax payers and voters that are searching and waiting for help in this district,it has to stop....all of the corruption has to stop.
W-Escue
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#16
Jul 17, 2009
 
Keep your eyes open to your local news,Russell Johnson WILL NOT be very happy.
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