Scales Of Justice Tip To Gunn

Clarice Albright Gunn, a Jefferson County resident that was charged with Election Law Violation of Campaign Communications will no longer face court proceedings. The Gunn case has been closely watched across the State, as this case was unusual in the manner in which it was pursued. After several months of investigation, summons and postponements, the charges against Clarice Gunn were dropped on Tuesday, August 18, 2015.

Gunn’s attorney, Scott Hurley of the Hurley Law Firm in Knoxville, had raised the issue of the statute that Gunn was charged under being at odd with the United States Constitution and a violation of her rights. After a close review of the statute, the Attorney General’s office agreed and, yesterday, Assistant Attorney General Brownlow Marsh dismissed the charges on a motion by the State.

Clarice Albright Gunn is not guilty of any criminal act concerning this issue and she will not be responsible for court costs. Tuesday’s action ends a legal battle that began in the spring, when Gunn learned that she had been the subject of a TBI investigation regarding a mailing that went out on July 17, 2014, prior to the August election, that supported candidates that favored open government. The letter was signed by more than 40 individuals across voting districts. However, Clarice Albright Gunn was the only signer that was charged, due to information regarding who paid for the mailing not being included on the mailer. The TBI and Attorney General’s Office contended that Clarice Albright Gunn had paid for the mailing, though that issue was never debated in court.

Scott Hurley offered the following statement regarding the dismissal of charges:

“On behalf of Clarice, we are deeply grateful that the office of the Attorney General for Jefferson County is willing to carefully review a case, and to do the right thing based on the facts and the law.   The decision to drop the charges, in spite of the insistence of certain powerful politicians that the charges be made, took courage and dedication to the rule of law.   We have the deepest respect for Assistant AG Brownlow Marsh, Attorney General Jimmy Dunn, and the office of the Attorney General.

At the same time, it is regrettable that Clarice Gunn had to go through this nightmare.   She was investigated by the Tennessee Bureau of Investigation and charged with a crime without even being aware of a complaint.    The Tennessee Bureau of Investigation issued a press release that falsely stated that she had been indicted by a Grand Jury, smearing her good name in the media.  She was booked at the Sherriff’s Department as if she was a common criminal.   They took her fingerprints.   They required her to pose for a mug shot.

And all of this occurred because some powerful politicians did not like the fact that she wrote a letter to her friends and neighbors, where she professed her support for open government in Jefferson County, and because she opposed secret meetings and secret deals.

On several occasions, we have challenged these politicians to step forward so that Clarice could face her accusers.  These politicians never came forward.  Instead, they hid in the darkness behind the Tennessee Bureau of Investigation.   They used the TBI to do their dirty work, because they were angered by the fact that Clarice Gunn had the courage to oppose their backroom deals and their political buddies.

They did not have the courage to face her in a court of law, and now that the charges have been dismissed, we may never know for sure who they were, or how many of the “powers that be” were involved in these baseless charges.

But one thing we do know.   Clarice has demonstrated that freedom of speech still prevails in Jefferson County, even when it makes certain powerful politicians angry.   She did not “cut a deal”.    Instead, she stood strong for her freedom and her dignity.    And she prevailed.

Hopefully, this case will be one more step toward true open government, where the people of Jefferson County are found to have the right to know what their government is doing, and how their hard earned tax dollars are being spent.”

Source: K. Depew, News Director