Posted 3:05 am Saturday, October 10, 2009
Change Of Venue Motion Denied In Record Tampering Case
By KELLY GOOCH
Staff Writer
JACKSONVILLE -- Cherokee County 2nd District Court Judge Dwight Phifer has denied a motion to change venue in a case against House of Israel member Robert James Fox.
Staff Writer
JACKSONVILLE -- Cherokee County 2nd District Court Judge Dwight Phifer has denied a motion to change venue in a case against House of Israel member Robert James Fox.
Fox, 60, claimed he couldn't get a fair trial in Cherokee County on charges of tampering with a government record and simulating legal process.
District Attorney Elmer Beckworth said Judge Phifer denied the motion to change venue based on evidence that there was publicity surrounding the case in Jacksonville, but not in other parts of the county.
"For a change of venue, there has to be some great prejudice against the defendant that he cannot get a fair trial, and the amount of media coverage can be a basis of that ΓΆΒ?Β» Matters were presented to the court, and the court ruled accordingly," he said.
The court heard testimony from various witnesses, including Jacksonville Councilman Kenneth Melvin, Cherokee County Judge Bascom W. Bentley III, Cherokee County Sheriff James Campbell and Fox associates John Verhage and Karin Latner.
Beckworth said the only witnesses who testified that Fox couldn't get a fair trial in Cherokee County were his associates. All other witnesses, including Jacksonville officials and those called by the prosecution, testified that Fox could get a fair trial in the county.
Campbell and other witnesses also testified about discussions they'd heard around the community, Beckworth said.
Additionally, issues were presented by Fox "that were not typical matters presented in a criminal case," such as petitions to disqualify Beckworth and a claim of irregularity in proceedings, he said.
"We attempted to object, and the judge pretty much kept him on track with issues related to the motion to change venue," Beckworth said.
Fox was indicted for tampering with a government record, a state jail felony, and simulating legal process, a class A misdemeanor, in April. He was released from the Cherokee County Jail in May on a $10,000 bond.
Beckworth said the charges stem from a January incident in which Fox allegedly presented documents to city employees in Jacksonville "relating to the demanding of money."
He declined to go into further detail about the alleged incident.
As of Friday, a trial date for Fox had not been set. If convicted, Fox faces up to two years in prison or up to five years probation for tampering with government record and up to a year in the Cherokee County Jail or probation for simulating legal process.
