PALESTINE —
A motion filed by the attorney of a former Anderson County employee accused of embezzling county funds seeking a change of venue for her trial was denied Friday afternoon by a local state district judge.
Bridgette Franklin, 24, of Elkhart was indicted last summer on a total of 918 counts of the felony charges of theft by a public servant and misapplication of fiduciary funds.
During a three-year period from February 2008 through May 2011, the state has alleged that Franklin, who was formerly employed as a deputy clerk in the Anderson County clerk's office, skimmed a total of $32,261 intended for the county. Authorities have said they believe Franklin stole cash presented by customers to purchase birth certificates, death certificates, marriage licenses and other documents during her employment by the county.
Based on two stories published in the Palestine Herald-Press and the alleged influence of Anderson County Clerk Wanda Burke on multiple county residents, Athens attorney Mike Head argued before 87th State District Judge Deborah Oakes Evans Friday that his client could not receive a fair trial in Anderson County.
Testimony during Friday's hearing showed that Burke and the accused woman both attended Crockett Road Church of Christ up until the time of the allegations, with the former ultimately leaving the church.
Among those testifying during Friday's hearing were Dwight Franklin, father of Bridgette Franklin; Dan Manuel, pastor of Crockett Road Church of Christ; and Adam Harding, a church member.
Head contended Friday that Burke had attempted to influence some Anderson County residents, including members of Crockett Road Church of Christ, concerning the state's case against Bridgette Franklin.
At one point during cross examination, Anderson County District Attorney Doug Lowe asked Dwight Franklin concerning what persons may be “conspiring” against his daughter with regards to the criminal case.
“I know Ms. Burke is,” Dwight Franklin responded. “...I know she gets angry at people...(and) wants to get even. I think people don't want to cross her.”
Dwight Franklin, who is currently a deacon at the church according to Friday's testimony, further testified he and Burke were “close friends” prior to the time of the allegations against his daughter.
Manuel testified that Burke was a long-time member of Crockett Road Church of Christ “until she chose to leave.”
The pastor further testified that Burke became upset when he sat with the Franklin family at an earlier hearing related to the current case.
“When I came to court one day and sat with the Franklin family at their request, Wanda became upset,” Manuel testified.
Manuel said he then attempted to “reason” with Burke that he was not taking sides in the matter.
“I think Wanda got upset and felt everybody had turned against her,” Manuel testified.
The state did not call any witnesses.
Although recognizing the “angst within the church” caused by the allegations, Evans said in open court that she lacked sufficient evidence “to demonstrate she (Bridgette Franklin) cannot get a fair trial” in Anderson County.
The case has not been set for trial, but the judge said she intended to summon an “extra large jury panel” to ensure a fair and impartial jury in the case.
If she later determines a fair and impartial jury cannot be seated, Evans said, at that time, “I'll either call more people or move it to another county.”
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Paul Stone may be contacted via e-mail at pstone@palestineherald.com
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