Pubdate: Mon, 05 Apr 2004
Source: Daily Leader, The (MS)
Copyright: The Daily Leader 2004
Contact: 
http://www.zwire.com/site/news.cfm?newsid=65297&BRD=1377&PAG=461&dept_id=172930&
Website: http://www.dailyleader.com/
Details: http://www.mapinc.org/media/1955
Author: Scott Tynes

BOND REDUCED ON JUSTICE COURT JUDGE

A $1 million cash bond on a Lawrence County Justice Court judge accused of 
drug trafficking was reduced to $300,000 by Circuit Judge Mike Smith Friday 
evening.

However, Justice Court Judge Post 1 Robert "Bobby" Fortenberry, 46, of 60 
Mary Lou Turner Road, New Hebron, remained in jail Saturday following the 
bond reduction. He was arrested March 26 in Brookhaven and charged with 
possession of 2.5 grams of methamphetamine with intent to distribute and 
conspiracy to distribute meth.

Smith also issued a gag order in the case. The order prevents attorneys, 
prosecutors and law enforcement officers involved in the case from speaking 
to the public or media.

Approximately 25 family members, friends and former public officials 
attended Friday's hearing in support of the accused judge.

Smith opened the proceedings at 1 p.m. Friday, but immediately retreated 
into his chambers with the attorneys. They emerged around 1:45 p.m. and 
Smith issued the gag order.

"Certain items pertaining to this case will be heard in chambers today so 
that nothing gets in a newspaper that a prospective juror could use to form 
an opinion about this trial," Smith said.

The judge heard all witnesses in the case in his chambers as the afternoon 
wore on.

Brookhaven attorney Joe Fernald and Monticello attorneys Bob Evans and Jack 
Ainsworth are representing Fortenberry. Ainsworth was not present Friday, 
but Fernald and Evans resisted the gag order.

The defense attorneys had prepared a statement to be released after Smith 
made his ruling on the bond reduction, but the judge's gag order nullified 
their efforts.

The defense team appeared visibly upset as they emerged from the judge's 
chambers shortly after 5 p.m. and gathered Fortenberry family members to 
discuss the ruling.

Bond hearings are typically justice court matters.

However, Smith said earlier he was presiding because one justice court 
judge had recused himself and the other was out of town on a family 
emergency. He did not identify which judge was which.

Justice Court Judge Billy Joe "B.J." Price said he had recused himself 
because of his friendship with Fortenberry.

"I've been knowing Robert for a long time," Price said. "He's a personal 
friend and I didn't want to get involved in it. I don't know if (the 
charges) are true or not, but I feel for the family."
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