Clay County Officials and Residents Convicted on Racketeering and Voter Fraud Charges

FRANKFORT, KY—After approximately seven weeks of trial, several Clay County officials and residents were convicted today by a federal jury sitting in Frankfort, Kentucky on all counts that include racketeering and voter fraud charges among others.

The jury returned the verdict after approximately nine hours of deliberation that transpired over the last two days.

The evidence at trial established that the defendants used the Clay County Board of Elections to perform corrupt tactics, such as vote buying, to gain power and authority within the county. According to testimony, the defendants’ criminal actions controlled the outcome of the federal, local, and state primary and general elections in Clay County in 2002, 2004, and 2006.

All eight defendants were convicted for a racketeering and money laundering conspiracy. In addition to those charges, the jury convicted the defendants on related charges.

Former Clay County Circuit Court Judge Russell Cletus Maricle, 66, was convicted of one count of obstruction of justice, one count of injuring voter's rights, and one count of conspiracy to buy votes. He used his status in the county to influence the appointment of corrupt members to the Clay County Board of Elections and caused election officers to commit acts of extortion, mail fraud, and bribery. Maricle also instructed a witness to falsely testify before a federal grand jury about actions involving this case.

Former Clay County Clerk, Freddy Thompson, 46, was convicted of four counts of honest services mail fraud, one count of obstruction of justice, one count of injuring voter's rights, and one count of conspiracy to buy votes. Thompson provided money to election officers to be distributed by the officers to buy votes and instructed officers how to change votes at the voting machine. Thompson was also found to have provided false testimony to a federal grand jury in Lexington, Kentucky.

Former Democratic Election Commissioner, Charles Wayne Jones, 69, was convicted of four counts of honest services mail fraud, one count of attempted extortion, one count of injuring voter's rights and one count of conspiracy to buy votes. Jones, along with co-defendant William E. Stivers, attempted to extort $1,000 from a city council candidate to buy votes during the general election in 2004.

Former Election officer William E. Stivers, 57, was convicted of one count of extortion, one count of obstruction of justice, one count of injuring voter's rights and one count of conspiracy to buy votes. In addition to the extortion described above, Stivers marked voters or issued tickets to voters who had sold their votes and changed votes at the voting machine. Stivers also instructed a witness to testify falsely before a federal grand jury.

William B. Morris, 51, and Debra L. Morris, 50, were found guilty of one count of conspiracy to buy votes. Both distributed funds pooled by members of the scheme in order to buy votes. The couple owned and operated a sanitation transportation company and was active in the political affairs of Clay County.

Former school superintendent, Douglas C. Adams, 58, and Clay County Magistrate Stanley Bowling, 59, were only charged with and convicted of the racketeering conspiracy and the money launder conspiracy.

A board of election officials consists of the county clerk, the sheriff, and two members appointed by the state board of elections, selected from a list of names submitted by the Republican and Democratic parties in the county. In addition, the board is required to hire election officers, which includes two judges, one clerk and one sheriff for each precinct in each election of every year in which a primary and general election is held.

James A. Zerhusen, United States Attorney for the Eastern District of Kentucky, Special Agent in Charge Elizabeth Fries with the Federal Bureau of Investigation, and Special Agent in Charge Christopher Pikelis with the Internal Revenue Service, jointly made the announcement today after the jury returned the verdict.

The investigation was conducted by the Federal Bureau of Investigation and the Internal Revenue Service. The United States was represented in the trial by Assistant United States Attorney Stephen C. Smith.

The Defendants are currently scheduled to appear for sentencing before Judge Danny C. Reeves in London, Ky., on August 17, 18, 19, and 20, 2010.

The defendants face up to 20 years on the racketeering, money laundering, extortion and mail fraud offenses. The defendants face up to 10 years on the obstruction of justice and injuring of voter’s rights offenses and up to five years on the vote buying offense.