Pubdate: Tue, 14 Sep 2004
Source: Daily Leader, The (MS)
Copyright: The Daily Leader 2004
Contact: http://www.zwire.com/site/news.cfm?
Website: http://www.dailyleader.com/
Details: http://www.mapinc.org/media/1955
Author: Scott Tynes, Daily Leader Staff Writer
Bookmark: http://www.mapinc.org/corrupt.htm (Corruption - United States)

FORTENBERRY PLEADS GUILTY, RESIGNS FROM BENCH

Lawrence County Judge Robert C. "Bobby" Fortenberry Jr. pleaded guilty
Monday to possession of crystal meth with intent to transfer and
stepped down from office in an agreement with prosecutors and the
court. Fortenberry, 46, of Mary Lou Turner Road in New Hebron, was
sentenced by Judge Mike Smith to 20 years in the custody of the
Mississippi Department of Corrections with 16 years suspended. The
former Justice Court Post One judge was fined $5,000 and ordered to
pay $5,400 restitution to the Mississippi Bureau of Narcotics as well
as court costs. He was ordered to complete the Therapeutic Alcohol and
Drug Program and given five years' probation upon his release. An
additional charge of conspiracy to transfer a controlled substance was
dismissed, said Lincoln County Circuit Clerk Terry Lynn Watkins.

The former judge was arrested March 26 at a truck stop in Brookhaven
and charged with possession and conspiracy following an undercover
sting operation by law enforcement agents who posed as meth dealers.

Monticello attorney Bob Evans, who represented Fortenberry with
Brookhaven attorney Joe Fernald and Monticello attorney Jack
Ainsworth, said Fortenberry was not convicted as a drug dealer.

"He was not charged with being a drug dealer or seller," Evans said.
"His intent was to take part of it back to a friend at Packard and
split it because they went together on the purchase. There would have
been no profit."

Fortenberry held two jobs. He was a Justice Court judge in Lawrence
County and worked full-time with Delphi Packard Electric Systems here.
He lost his job at Delphi Packard in May, also because of the alleged
drug activity. "They entailed a lot of hours sometimes, and sometimes
people avail themselves of some things they shouldn't in order to meet
their obligations," Evans said. "If Judge Fortenberry could have
fought these charges with no impact on anyone but himself, he would
have. But because he has such a large and loving family, and received
a plea offer he could live with, he decided not to put them through
all the hardships of a trial."

The plea and sentencing came during a hearing Monday morning.
Fortenberry was taken into custody after the hearing and was in the
Lincoln County Jail today.

"He also tendered his resignation yesterday as justice court judge for
Lawrence County," Evans said.

Fortenberry, a 16-year veteran of the bench who won re-election to a
fifth term last year, had not presided over any cases for several
months after being suspended by the Mississippi Commission on Judicial
Performance in May. Prior to the suspension, Fortenberry had
voluntarily excused himself from his duties as a judge pending the
results of the trial.

Since then, Justice Court Judge Post Two Donnie Mullins has handled
all the court's cases. Board of Supervisors President Billy Joe
Boutwell said that is unlikely to change in the near future.

Boutwell said it was unlikely the board would declare Fortenberry's
office vacant or appoint someone to fill the office during Monday's
regularly scheduled meeting.

"We can probably continue on that way until (Mullins) hollers for us
to quit," Boutwell said. "He's been doing a good job."

The case against Fortenberry was the culmination of an investigation
spanning years by the Lawrence County Sheriff's Department, MBN, Pearl
River Basin Narcotics Task Force, Mississippi Highway Patrol bureau of
investigation, the 14th District district attorney's office and the
state attorney general's office.

"We've had an ongoing investigation on him going back at least four
years," said Lawrence County Sheriff Joel Thames.

Evans said he has been a friend of Fortenberry's since the former
judge took office and hated to see this outcome.

"I've seen the type of fellow he has been over the years," Evans said.
"He's been a good friend and will continue to be a friend. He is a
good and decent man. He's going through a difficult time right now,
but I have no doubt he'll make the best of a bad situation. He has
always attempted, as best he could within the strictures of the law,
to help the less privileged during his time on the bench."

Separate charges against Fortenberry for driving under the influence
and careless driving in Madison County are still pending. He is
scheduled for trial Dec. 2 in Madison County on those charges.

Fortenberry was stopped by Madison County Deputy Eddie Beldresi around
1:40 a.m. July 11 in Ridgeland for careless driving and was charged
with DUI after refusing a Breathalyzer test.
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