Friday’s court hearing into Mark Cannon’s petition to have Jefferson County Sheriff Lafayette Woods Jr. removed from office has been extended into a second week.
The hearing will resume at 9:30 a.m. March 13 before Special Judge Randy Wright in the 2nd Division of the 11th West Circuit Court, although Wright said before adjourning Friday a ruling may be issued before court reconvenes. Wright ordered any sealed records into an “infamous crime” Cannon accuses Woods of committing that would disqualify Woods from either running for or serving in public office be provided for review “in camera,” or in private.
Cannon argues, based on affidavits from Jefferson County Judge Gerald Robinson — who hired Woods onto the sheriff’s department in 2004 — and former Pine Bluff police officer Dexter Holmes, that Woods was detained and cited for theft of a rifle scope from Walmart in 1996 or 1997, when Woods was about 16 or 17. Records from the theft are sealed, according to court proceedings.
Casey Castleberry, a North Little Rock attorney representing Cannon, said the plaintiff is seeking one question to be answered: Was the sheriff ever convicted of a crime that disqualifies him from running for or serving as a sheriff?
“We are perfectly fine to have it reviewed in camera,” Castleberry told Wright.
Independent reporting for Pine Bluff & Jefferson County since 1879.
The judge called for a 15-minute recess to issue the order, and the break lasted 1 hour, 29 minutes before court reassembled.
“I think the judge has allowed, and he thought he had the right to, underneath the statute, go to look to see if there were any records that were sealed,” said Kimberly Dale of Paragould, one of two defense attorneys representing Woods. “I didn’t catch any admissions about any crimes or any classifications of crime, but I feel he had the right to ask for that inquiry.”
Dale said Wright asked for records from three courts, two of which came up with nothing and a clerk from the other not in town to where such records could be located.
Defense attorney Tim Cullen of Little Rock told the judge no facts exist to support claims of an “infamous crime,” which Cullen called an “old-fashioned term” from the state Constitution.
“Sheriff Woods denies a crime was committed, but he has no burden of proof,” Cullen told the judge. “The burden of proof is on the plaintiff. This is nothing but an important fishing expedition.”
Cullen later stated no conviction on record exists for Woods but added he “enjoyed all the protections” of having his record sealed. Dale denied the defense was admitting to a crime.
“The whole goal is to protect Sheriff Woods’ reputation against attacks and allegations,” he said. “We believe (the case search) will show no conviction, but he shouldn’t even be subjected to this.”
Woods did not appear in court Friday. Dale explained although Woods is the sheriff of Jefferson County and he’s a defendant, there was no jurisdiction for him to appear based on the insufficiency of the service process. Dale argued two separate summons should have been made for Woods, one in his official capacity and another individually, and that a summons previously issued was manipulated and re-issued.
That was one of four motions the defense made for dismissal of the case. Wright deferred a ruling on the three of them — those referring to the service process, Rules of Civil Procedure and missing a 30-day deadline to respond to requests for admission — but denied a motion arguing the mootness based on the results of Tuesday’s preferential primary election.
Woods earned 4,882 votes to Cannon’s 2,547 in the Democratic primary, which would qualify him to run against independent Chris Lowery in the Nov. 3 general election.
Castleberry argued the results do not make the case moot because they have not been certified — the Jefferson County Election Commission is scheduled to do so next Friday evening — and the race was not the general election.
Castleberry declined to comment due to the case still pending, but Cannon, who was present Friday, issued a statement through Castleberry’s office:
“I appreciate the Court hearing this case and am pleased that we will get a ruling on the merits. It spoke volumes that Sheriff Woods did not appear at the hearing and that his attorneys tried to get it thrown out on technicalities, when really, the issue is simple. Was the sheriff convicted of a crime that makes him ineligible to hold the position? Yes or no?
“The people of Jefferson County deserve an answer, and I look forward to the court getting the people of Jefferson County an answer to the question that their sheriff keeps avoiding.”
Asked about the reported crime at a watch party Tuesday, Woods responded: “The proper venue for discussion is the judicial system. So, anybody can file a lawsuit. It does not mean it holds merit. There are a lot of holes and lies, and one of the things voters understand is the timing of this.”
The case was originally filed Dec. 8 and amended twice.