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Lawsuit seeks 2020 election audit, voting machine restriction

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The Howard H. Baker Jr. United States Courthouse is pictured above in Knoxville on Jan. 19, 2020. (File photo by John Huotari/Oak Ridge Today)

An unconventional 483-page lawsuit filed in Anderson County Circuit Court seeks an audit of the 2020 election, asks for the results to be re-counted and possibly decertified, accuses federal legislators of treason, and demands a restraining order against electronic voting machines.

Two of the three plaintiffs who filed the lawsuit are Oak Ridge residents. One of those plaintiffs has also unsuccessfully filed federal lawsuits in Washington, D.C., against the president and vice president, chief justice, a former acting attorney general, and many members of Congress, according to court records.

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Two face death penalty in murder, kidnapping, rape case

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Sean Finnegan, one of two defendants in a series of gruesome alleged crimes in Oak Ridge in December 2019, including murder, sex crimes, and kidnapping, is pictured above in a mugshot from the Anderson County Sheriff’s Office.

 

An Oak Ridge man and woman face the death penalty after allegedly kidnapping, raping, torturing, and murdering a 36-year-old woman, and mutilating her body and putting it into a freezer in December 2019.

Dave Clark, Seventh Judicial District attorney general, announced the death penalty decision on Monday.

Oak Ridge Today has previously reported that a decision was expected this month in the criminal case against Sean Shannon Finnegan, 54, and Rebecca Elizabeth Dishman, 23. They have both been charged with three counts of first-degree murder in the strangling death of Jennifer Gail Paxton and 10 other charges, including aggravated rape, aggravated kidnapping, abuse of a corpse, and tampering with evidence.

In a press release, Clark said a district attorney general can seek the death penalty only in certain first-degree murder cases “when one or more factors established by state law are alleged to exist.” Then, it is up to the DA to decide whether to ask the court to impose the death penalty. That decision has now been made, Clark said.

Here are the factors in this case that make the death penalty applicable, according to Clark:

  • The murder was especially heinous, atrocious, or cruel “in that it involved torture or serious physical abuse beyond what was necessary to produce death.”
  • It was committed to avoid being arrested and prosecuted for aggravated kidnapping and aggravated rape.
  • It was committed during an aggravated kidnapping and aggravated rape.
  • Finnegan and Dishman mutilated Paxton’s body after she died.

Since the state is now seeking the death penalty, special procedures will apply in the court case. These include the appointment of an attorney qualified in death-penalty cases and the right to a second attorney for Finnegan and Dishman.

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Sean Finnegan, one of two defendants charged in a series of gruesome alleged crimes in Oak Ridge in December 2019, including murder, rape, and kidnapping, is pictured above in a mugshot from the Anderson County Sheriff’s Office.

Note: This story was last updated at 6 p.m.

An Oak Ridge man and woman face the death penalty after allegedly kidnapping, raping, torturing, and murdering a 36-year-old woman, and mutilating her body and putting it into a freezer in December 2019.

Sean Finnegan, one of two defendants in a series of gruesome alleged crimes in Oak Ridge in December 2019, including murder, sex crimes, and kidnapping, is pictured above in a mugshot from the Anderson County Sheriff’s Office.

 

An Oak Ridge man and woman face the death penalty after allegedly kidnapping, raping, torturing, and murdering a 36-year-old woman, and mutilating her body and putting it into a freezer in December 2019.

Dave Clark, Seventh Judicial District attorney general, announced the death penalty decision on Monday.

Oak Ridge Today has previously reported that a decision was expected this month in the criminal case against Sean Shannon Finnegan, 54, and Rebecca Elizabeth Dishman, 23. They have both been charged with three counts of first-degree murder in the strangling death of Jennifer Gail Paxton and 10 other charges, including aggravated rape, aggravated kidnapping, abuse of a corpse, and tampering with evidence.

In a press release, Clark said a district attorney general can seek the death penalty only in certain first-degree murder cases “when one or more factors established by state law are alleged to exist.” Then, it is up to the DA to decide whether to ask the court to impose the death penalty. That decision has now been made, Clark said.

Here are the factors in this case that make the death penalty applicable, according to Clark:

  • The murder was especially heinous, atrocious, or cruel “in that it involved torture or serious physical abuse beyond what was necessary to produce death.”
  • It was committed to avoid being arrested and prosecuted for aggravated kidnapping and aggravated rape.
  • It was committed during an aggravated kidnapping and aggravated rape.
  • Finnegan and Dishman mutilated Paxton’s body after she died.

Since the state is now seeking the death penalty, special procedures will apply in the court case. These include the appointment of an attorney qualified in death-penalty cases and the right to a second attorney for Finnegan and Dishman.

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Lewis Ridenour running for Anderson County Circuit Court clerk

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Lewis Ridenour

Lewis Ridenour, an Oak Ridge police officer, is running for Anderson County Circuit Court clerk.

Ridenour is a former chief deputy of the Anderson County Sheriff’s Department. He is an Anderson County native who lives in Andersonville with his wife of 25 years, Pam, a press release said.

In the press release, Ridenour said he pledged to bring integrity, public service experience, sound judgement, and knowledge to the office.

Ridenour has served with the Oak Ridge Police Department since 2008, the press release said. His current assignment for the past seven years has been as liaison to the U.S. Department of Energy.

[Read more…]

For members: Mason indicted on attempted murder, assault charges

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Charles Mason Preliminary Hearing July 25 2019

An Anderson County man with two homicide convictions and a 28-year prison sentence for federal drug and gun convictions has been charged with attempted murder and aggravated assault, among other charges, after he allegedly tried to shoot a deputy in April 2019.

Charles Edward Mason, 53, was indicted on the one count of attempted first-degree murder, five counts of aggravated assault, and other charges in November. The other charges are two counts of interfering with a 911 call and one count of resisting arrest. Mason pleaded not guilty during an arraignment in Anderson County Circuit Court in Clinton on Thursday.

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Charles Mason Preliminary Hearing July 25 2019
Charles Edward Mason, 53, has been indicted by the Anderson County Grand Jury on one count of attempted first-degree murder and five counts of aggravated assault, among other charges. He pleaded not guilty in Anderson County Circuit Court on Thursday, Jan. 28, 2021. Mason is pictured above during a preliminary hearing in July 2019. (File photo by John Huotari/Oak Ridge Today)

Note: This story was last updated at 12:25 p.m. Feb. 2.

An Anderson County man with two homicide convictions and a 28-year prison sentence for federal drug and gun convictions has been charged with attempted murder and aggravated assault, among other charges, after he allegedly tried to shoot a deputy in April 2019.

Charles Mason Preliminary Hearing July 25 2019

An Anderson County man with two homicide convictions and a 28-year prison sentence for federal drug and gun convictions has been charged with attempted murder and aggravated assault, among other charges, after he allegedly tried to shoot a deputy in April 2019.

Charles Edward Mason, 53, was indicted on the one count of attempted first-degree murder, five counts of aggravated assault, and other charges in November. The other charges are two counts of interfering with a 911 call and one count of resisting arrest. Mason pleaded not guilty during an arraignment in Anderson County Circuit Court in Clinton on Thursday.

The rest of this story is available if you are a member: a subscriber, advertiser, or contributor to Oak Ridge Today.

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Oak Ridge Today
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Oak Ridge, TN 37831

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Lawsuit seeks up to $5 million in fatal truck-lawn mower crash

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A wrongful death lawsuit filed in Anderson County in December seeks up to $5 million in damages from the driver of a pickup truck who struck a man riding a commercial lawn mower on South Illinois Avenue in Oak Ridge in September. The driver of the lawn mower, Danny Palmer, 75, of Oak Ridge, died after the crash. The lawsuit was filed on behalf of Palmer in Anderson County Circuit Court in Clinton on December 5 by his wife, Barbara Palmer, who is represented by attorney Bruce D. Fox of Clinton. The crash between the commercial mower being operated by Palmer and the GMC pickup truck was reported near Summit Place on South Illinois Avenue at about 2 p.m. Thursday, September 13. Preliminary findings indicated that the pickup truck hit the mower, which was in the roadway at the time of the crash, according to the Oak Ridge Police Department. Palmer died of his injuries, the ORPD said. [Read more…]

Trial set for man charged with vehicular homicide in death of 3-year-old

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A plea agreement has not been reached, and trial dates were set during a plea agreement hearing for Jason Robert Braden, center, in Anderson County Circuit Court on Friday, March 29, 2019. At left is defense attorney David Stuart, who represents Braden in a vehicular homicide case from a crash that killed a three-year-old boy in Oak Ridge in January 2017. (Photo by John Huotari/Oak Ridge Today)

A plea agreement has not been reached, and trial dates were set during a plea agreement hearing for Jason Robert Braden II, center, in Anderson County Circuit Court on Friday, March 29, 2019. At left is defense attorney David Stuart, who represents Braden in the vehicular homicide case from a crash that killed a three-year-old boy in Oak Ridge in January 2017. (Photo by John Huotari/Oak Ridge Today)

 

CLINTON—Prosecutors and the defense have not been able to reach an agreement on a plea deal, so a two-day trial has been set for Jason Robert Braden II, the 25-year-old Anderson County man charged with two counts of vehicular homicide, among other charges, in the death of a three-year-old boy, Jason Robert Braden III, in a crash in Oak Ridge in January 2017.

Braden had two plea agreement hearings scheduled in Anderson County Circuit Court in Clinton last month, one on Friday, March 1, and the other on Friday, March 29. But no agreement was announced during either hearing. The date was rescheduled during the March 1 hearing, and on Friday, defense attorney David Stuart said the defense and the state wouldn’t be able to reach an agreement.

At the start of Friday’s hearing, Stuart said an issue had come up. Braden had requested copies of the discovery, potential evidence that could be used at trial, so copies were made and delivered to the jail, Stuart said. But they went to the wrong Jason Braden, and Jason Robert Braden thinks that’s an ethics breach, Stuart said.

Stuart said he would have to self-report the breach if he thought he had done something wrong. Other legal officials, such as the judge and district attorney general, would also have to report him if they thought he had done something wrong, Stuart said. [Read more…]

Despite censure, lawsuit, calls for resignation, Jones still running in May 1 primary

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The Anderson County Commission, which is pictured above on March 20, 2018, unanimously censured Anderson County Circuit Clerk William Jones on Feb. 20, and asked him to resign after sexual harassment allegations were reported. (Photo by John Huotari/Oak Ridge Today)

The Anderson County Commission, which is pictured above on March 20, 2018, unanimously censured Anderson County Circuit Court Clerk William Jones on Feb. 20, and asked him to resign after sexual harassment allegations were reported. (Photo by John Huotari/Oak Ridge Today)

 

Note: This story was updated at 10:40 a.m.

CLINTON—He’s been accused of inappropriate behavior that includes unwelcome sexual advances, unwanted touching, and lewd and vulgar text messages. He’s been unanimously censured and asked to resign by the Anderson County Commission. He’s been sued in federal court. And some residents have joined commissioners in asking him to resign, or at least not seek re-election.

Despite those pleas, though, Anderson County Circuit Court Clerk William Jones, who has denied many allegations and called others false, is seeking re-election in the Anderson County Republican Party primary election on Tuesday, May 1. Jones has filed counterclaims in federal court and filed a defamation lawsuit in state court.

Some of the sexual harassment allegations appear to have been forwarded to the Federal Bureau of Investigation and other agencies, including the Tennessee Attorney General, Tennessee Department of Labor, and Tennessee Administrative Office of the Courts, according to records released by Anderson County. It’s not clear which outside agencies, if any, might be investigating the complaints, or whether the local district attorney general might be investigating.

Willliam T. Jones

Willliam T. Jones

Commission censures Jones, asks him to resign

The accusations against Jones, who is seeking his second four-year term, were publicly disclosed during a review of a sexual harassment complaint at an Anderson County Commission meeting on February 20.

During that meeting, Kim Jeffers-Whitaker, Anderson County’s chief deputy director of human resources and risk management, said her department had received five reports of inappropriate workplace behavior by Jones.

“The five reports create a harassing pattern,” Jeffers-Whitaker said.

She said the reports are supported by two affidavits and four sworn statements that the county’s human resources department obtained from the victims, who include four past or present employees and one citizen.

According to Jeffers-Whitaker, the alleged instances of unprofessional conduct include: [Read more…]

Settlement reached after crash between motorcycle, city electric truck

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Oak-Ridge-Turnpike-and-Illinois-Avenue-Crash-Aug-14-2016

The Oak Ridge Police Department investigates a crash between a motorcycle and a city electric truck at Oak Ridge Turnpike and Illinois Avenue on Sunday morning, Aug. 14, 2016. The electric truck is pictured at right in the background. (Photo by John Huotari/Oak Ridge Today)

 

A financial settlement has been reached after a crash between a motorcycle and an Oak Ridge Electric Department utility truck in August 2016 left an Anderson County man with critical, life-threatening injuries, broken bones and compound fractures, a head injury, permanent impairments—and medical bills of almost $1 million, according to court records.

The settlement agreement between Don and Charlotte Wyrick, conservators for Brandon Wyrick, who was critically injured in the crash, and the City of Oak Ridge was approved by Anderson County Circuit Court Judge Don Elledge in Clinton on January 23.

The agreement said Wyrick would be eligible to receive, under Tennessee law (Tennessee Code Annotated 29-20-403), no more than a damage cap of $300,000, if he were successful at trial. In December, the city agreed to pay that $300,000 maximum.

Also as part of the settlement agreement, the city’s insurance provider will “satisfy medical liens and subrogation interests” of about $663,000. That’s reported to be possible through the Tennessee Municipal League Risk Pool.

“This figure is above and beyond the tort cap and will be paid to the medical providers in previously agreed-upon amounts for expenses incurred to date,” the settlement agreement said. [Read more…]

Anderson County man charged with attempted murder

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Jason Bradley Braden

Jason Bradley Braden

 

An Anderson County man was charged with attempted first-degree murder, especially aggravated kidnapping, aggravated assault with serious bodily injury, and carjacking, among other charges, in indictments filed September 5.

Jason Bradley Braden, 28, of Longmire Road, is also facing theft, burglary, and trespassing charges.

The indictments said Braden intentionally tried to kill Marietta Banks on August 12, and he seriously injured her during the assault. Braden also assaulted Melissa Byrge, seriously injuring her, the indictments said.

The assaults were committed while Braden was displaying a crowbar and a knife, according to the indictments.

It’s not clear from the indictments if the alleged assaults occurred at the same time. [Read more…]

Negligence lawsuit of up to $10.5 million filed in car-trailer crash

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Car-Trailer-Crash-Emory-Valley-Road-Sept-2-2016-1-Web

The crash between a car and trailer with a skid steer loader on it on Emory Valley Road on Friday evening, Sept. 2, 2016, happened after the trailer came loose from a truck hitch and crossed into an oncoming lane, where it hit the car, authorities said. It took firefighters and rescuers about 55 minutes to free the female driver pinned inside the car, and they used a tow truck to help lift the trailer and loader to take weight off the woman. (Photo by John Huotari/Oak Ridge Today)

 

A negligence lawsuit of up to $10.5 million was filed last month after a September 2 crash between a car and a trailer carrying a skid steer loader injured an Oak Ridge woman and pinned her inside her car for almost an hour before rescuers were able to free her and fly her to a trauma center in Knoxville.

Arminda “Mindy” Carter, a nurse who lives in Oak Ridge, was driving west on Emory Valley Road in her 2010 Toyota Camry at about 5:29 p.m. September 2, headed to her job at East Tennessee Children’s Hospital, according to the legal complaint, which was filed in Anderson County Circuit Court in Clinton on June 2.

Headed the other way, toward the Oak Ridge Marina, was an eastbound 1994 GMC dump truck driven by Gerald D. Cureton, 71, of Knoxville. He was pulling a trailer with a CASE skid steer loader that weighed about 6,000 pounds, the complaint said.

As the two vehicles approached the intersection of Emory Valley Road and Carnegie Drive in east Oak Ridge, the trailer with the loader on it came off the hitch of the dump truck driven by Cureton, the complaint said.

“Once detached from the dump truck, the trailer and skid steer then crossed into the westbound lane of travel, where it violently collided with the plaintiff’s vehicle (the Camry driven by Carter),” the June 2 lawsuit said. “The trailer and skid steer came to rest on top of the plaintiff’s vehicle, leaving her trapped under its weight for nearly an hour as rescue workers scrambled to free her.”

The trailer carrying the skid steer loader did not have operational brakes or adequate safety chains, a violation of state law, according to the lawsuit. [Read more…]

Applewood Apartments: Case that once called for $400,000 fine has been dismissed

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The rear of the Applewood Apartments building at 186 Hillside Road is picture above on Saturday, July 1, 2017. (Photo by John Huotari/Oak Ridge Today)

The rear of the Applewood Apartments building at 186 Hillside Road is picture above on Saturday, July 1, 2017. (Photo by John Huotari/Oak Ridge Today)

 

Note: This story was last updated at 12:25 p.m.

CLINTON—A court has dismissed a case that once called for a $400,000 fine against the owner of three now-vacant Applewood Apartments buildings on Hillside Road in Oak Ridge.

Charges against the original defendant, former Applewood Apartments manager Tammy Sandlin, have been dismissed, and she is the only properly named defendant in the complaint, Anderson County Circuit Court Judge Don R. Elledge said in a dismissal order filed Wednesday, June 21.

The Tennessee Court of Appeals had issued an opinion on October 15, 2015, that vacated, or voided, the $406,520 judgement against Applewood Apartments owner Joseph J. Levitt Jr. because he had not been effectively added as a defendant in the city’s lawsuit, Elledge said.

At that time, the Court of Appeals remanded the case, or sent it back to, Anderson County Circuit Court in Clinton for further proceedings, “including the filing and serving of an amended complaint or city warrant against Mr. Levitt,” Elledge said in his order to dismiss.

The Court of Appeals decision essentially said that Levitt has to be given a chance to defend himself, Elledge said during a motion hearing in Circuit Court on Friday, June 9. A jury trial had been scheduled for March 9, 2018. The City of Oak Ridge is the plaintiff.

But no amended complaint has been filed by the city since the Court of Appeals decision almost two years ago, and Levitt has never been served with an amended complaint, Elledge said during the June 9 motion hearing. [Read more…]

Updated: Four lawsuits filed after fatal July 4 parking lot crash

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Pictured above during a hearing on lawsuits filed against Lee Cromwell, second from left, are attorneys Jason Fisher, left James Y. "Bo" Reed, second from right; and Bruce Fox. Personal injury and wrongful death lawsuits have been filed against Cromwell, 68, an Oak Ridge resident convicted of vehicular homicide and eight counts of aggravated assault for a fatal crash in a crowded parking lot at Midtown Community Center after fireworks on July 4, 2015. The hearing was Wednesday, April 12, 2017, in Anderson County Circuit Court in Clinton. (Photo by John Huotari/Oak Ridge Today)

Pictured above during a hearing on four lawsuits filed against Lee Cromwell, second from left, are attorneys Jason Fisher, left; James Y. “Bo” Reed, second from right; and Bruce Fox. Personal injury and wrongful death lawsuits have been filed against Cromwell, 67, an Oak Ridge resident convicted in February of vehicular homicide and eight counts of aggravated assault in a fatal crash in a crowded parking lot at Midtown Community Center after fireworks on July 4, 2015. The hearing on the lawsuits was Wednesday morning, April 12, 2017, in Anderson County Circuit Court in Clinton. (Photo by John Huotari/Oak Ridge Today)

 

Note: This story was last updated at 11 a.m. April 13.

CLINTON—Four lawsuits, including personal injury and wrongful death complaints, have been filed against Lee Cromwell, the Oak Ridge man convicted of vehicular homicide and aggravated assault in February after a fatal crash in a crowded parking lot at Midtown Community Center after fireworks on July 4, 2015. The four lawsuits seek up to about $7.5 million in damages. The amount could be larger because one of the lawsuits doesn’t specify a damage amount.

Three of the lawsuits have been settled or are pending settlement, attorney James Y. “Bo” Reed of Knoxville said in a hearing in Anderson County Circuit Court in Clinton on Wednesday morning. Reed represents Cromwell, 67, in the civil cases.

The terms of the settlements haven’t been publicly disclosed. One of the settlements, in the case of Janicia Henderson and four children, is listed in Anderson County Criminal Court Clerk records, but it remains under seal because there are juveniles involved.

A trial date has been scheduled for October 25 in the case that hasn’t been settled or where a settlement isn’t pending. That’s a civil complaint, a personal injury lawsuit, filed by Michael Eldridge and his wife Elizabeth Eldridge of Oak Ridge. [Read more…]

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