In a quiet move, Crossville city
attorney Will Ridley has signed off on an agreed order on behalf of
the city of Crossville that vacates all charges against J. R.
Blankenship over the distribution of “unsigned fliers” and
removes the $1500 in fines assessed in city court by city judge Ivy
Gardner.
The charges arose when some fliers (and
no one seems to be able to determine exactly how many) were found
posted on downtown Crossville businesses the morning following the
March city council meeting offering “a reward” of up to $500 for
photos of any city elected or appointed official doing something
wrong. The flier promised anonymity for the informant and that the
evidence would be published. The flier was signed “Sam at the Daily
Bull” with a phone number.
Blankenship's flier
Following an investigation establishing
Blankenship as a suspect, a single citation issued by the Crossville
police on the charge of distribution of unsigned fliers was heard in
city court by Judge Ivy Gardener. The number of charges was
increased to 30 counts by Judge Gardner resulting in a total fine of
$1500. The highest fine a municipal court can asses is $50 and the
only way the fine could be higher is if the number of charges was
increased.
Blankenship filed several actions
through city court and eventually appealed the fine and charges to
Chancery court. The initial filing was on his own and Blankenship
eventually secured the services of Nashville attorney Joe Johnston.
Agreed order page 1
Agreed order page 2
The agreed order does away with all
charges against Blankenship who garnered the attention of city
councilman Jesse Kerley and members of his family including his
father Jerry Kerley, director of water resources for the city who,
along with another man, was charged with stealing signs posted by
Blankenship in a yard on Mockingbird Drive. Both men charged in the
sign theft, Jerry Kerley and William Harwell took pre-trial diversion
in the sign theft case last month.
Blankenship is also known for signs
displayed in his truck while parked outside Crossville city hall
during council meetings. Blankenship's signs were targeting Jesse
Kerley and his actions and garnered a request from Kerley to former
interim police chief Rod Shoap to charge Blankenship for vehicle
registration and insurance violations that turned out to be false.
J. R. Blankenship with political sign in front of city hall
The ordinance against distribution of
unsigned fliers was originally approved by the city council sometime
in the 1960's and Blankenship appears to be the first person ever
cited under the ordinance. Crossville city council will consider
abolishing that ordinance at their upcoming meeting as it appears to
interfere with a citizen's free speech rights.
The agreed order on the flier charges
states that “the judgment of the city court be vacated along with
any fines or fees ordered by the city court.” The order further
states that “the case is dismissed with prejudice.” That means
that charges can not be refiled at anytime in the future. The order
was entered in the record on November 17 and filed with the court
clerks office that same day.
The agreed order also says that the
city agrees to pay the costs on the case, if any.
In the course of the reaction to the
case, Crossville city judge Ivy Gardner filed a request as an
individual for a restraining order against Blankenship earlier this
year in General Sessions court saying she felt threatened by him. A
permanent restraining order was signed by General Sessions Judge
Larry Warner on July 7 2016 after Blankenship did not appear for a
hearing because his mother was hospitalized just before she passed
away.
The restraining order action was also
appealed by Blankenship to Chancery Court and Blankenship initially
represented himself pro se. A list of interrogatory questions was
submitted by Blankenship to be answered by Gardener that specifically
asked, among other things, to “describe in detail each and every
verbal and/or written threat, which you allege has been made against
you by defendant James R. Blankenship.” Blankenship's
interrogatories were submitted on July 25, 2016.
Interrogatory questions from Gardener
to Blankenship were submitted on August 17, 2016. The questions
included questions on any arrest and/or convictions as well as any
involvement in any lawsuit. The following day, Nashville attorney
Joe Johnston filed a notice of appearance in the Gardener case to
represent Blankenship.
Blankenship's new attorney also filed a
motion for continuance from the initially set court date of August
28. An answer to Gardener's complaint was filed with the court
August 26 and the answer states that the defendant Blankenship denied
ever having “said or done anything that would constitute a pattern
to harass and unnecessarily alarm the plaintiff Ivy Gardener ans her
complaint had stated.
The appeal hearing, scheduled to be
heard November 29 by Judge Jonathan Young for November 29 was not
held because the request for a restraining order was “non-suited”
or withdrawn by Gardener according to documents filed in the court
clerks office.
Non-suit motion
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