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Benton County - Tennessee

MayorThornton, Others may have already lost. Just don't know it.

In an opinion written by Tennessee State Attorney General, Paul G. Summers, on April 12, 2006 regarding open records the fate of litigation filed against Benton County Mayor Jimmy Thornton and several other Benton County officials by two Big Sandy citizens may have been sealed.

Vivian Mahan and Rita Bendorf filed a civil action for violation of the Sunshine law and the open records act in the Benton County Chancery court asserting that the County Mayor had willfully refused to disclose public records under the guidelines of the law. The suit named Ray Douglas, the Benton County Highway Superintendent and others in charge of public records.

In depositions all parties admitted that they had indeed refused to turn over public records to the claimants on several occasions sighting different reasons, none of which were in compliance with the law.

On April 12, 2006 the Attorney General handed down a formal opinion stating “In all cases where any person has the right to inspect any such public records, such person shall have the right to take extracts or make copies thereof, and to make photographs or Photostats of the same while such records are in the possession, custody and control of the lawful custodian thereof or such custodian’s authorized deputy; provided, that the lawful custodian of such records shall have the right to adopt and enforce reasonable rules governing the making of such extracts, copies, photographs or Photostats.” “Tennessee. Code Ann. § 10-7-506(a). Thus, if requested, copies of any public records must be provided.”

General Summers also addressed the penalties for failure to comply with the Public Records Act. “The Act does not provide any penalties, per se, for failure to comply with the Act. Rather, the Act provides that a citizen of Tennessee, who has requested the right of personal inspection of a record and whose request has been denied in whole or in part, may petition for access to such record and to obtain judicial review of the denial of access in Chancery Court. Tenn. Code Ann. § 10-7-505. “If the court finds that the governmental entity, or agent thereof, refusing to disclose a record, knew that such record was public and willfully refused to disclose it, such court, may in its discretion, assess all reasonable costs involved in obtaining the record, including reasonable attorneys’ fees, against the nondisclosing governmental entity.” Courts have construed “willful” as requiring evidence or demonstration that the governmental entity or agent thereof acted with bad faith.

The case is set to be heard in the Benton County Chancery Court in June.

My name is Joe Kyle. Many of you have gotten to know me from county commission meetings and my association with the Benton County Citizens Group. Most of you only know me by name, and have been fed a lot of false information about me, members of my family, and my friends.

I would like to state publicly that despite rumors that I had anything to do with the Oklahoma City Bombing, which killed over 160 people, including many children; I affirm that I had absolutely nothing to do with that or with any other act of terror committed against this, or any other country. I would also like to state that despite being labeled a terrorist by someone in local law enforcement in an effort to use the Homeland Security and the Patriot Act to run illegal background checks on me and my family members, I am not now, nor have I ever in any way, aligned myself with any terrorist causes or with any known or unknown terrorist individuals or groups. The mere thought of being labeled a terrorist by the Benton County Sheriff, Cecil Wells, has left me, and the members of my family, in complete and utter shock.

As many of you know, I was successful in my lawsuit against Benton County and Benton County Mayor Jimmy Thornton in Federal Court. Though I initially sued for 20 million dollars, when asked on the witness stand during the trial what I wanted from the jury, I stated that I wanted $1.00 and the verdict. I did not wish to place the burden of additional taxes upon the shoulders of the citizens of Benton County, or to make them pay for the civil rights violations committed by one man. The jury awarded me exactly what I asked for, one dollar and the verdict. This is all a matter of record in the Federal Courts.

On Tuesday night, following the primary election, my wife and I returned home to find a professionally manufactured sign placed in our yard that reads:

“JOE KYLE, son of Pat Kyle convicted Felon, served time in Arizona prison, can’t get a job, can’t vote” 

The information on the 26 signs that were made by “The Print Guy” in Paris Tennessee contains malicious and slanderous statements which are absolutely untrue.

Neither I, nor my mother, Patricia Kyle, have ever served any time in any prison in any state. My felony conviction was years ago and the very same judge who convicted me restored my rights to me. I am as much a citizen in full possession of my rights as many of you who are listening to this broadcast. I also have a current business license and I own and operate Kyle’s Computer Services. The statement on the sign that I can’t get a job or that my mother can’t get a job is a lie; it is absolutely untrue. Patricia Kyle is a retired federal Civil Service employee with over 20 years of dedicated service to this great nation.

The sign reads, “Can’t Vote.” I assure you that every member of my family is a registered voter, including me. I cast my ballot in the Third District at 11:30 AM in the Benton County Courthouse on May 2^nd, as many of you had. This is just another statement which is absolutely untrue.

Last week at the Catfish Place, a flyer containing false information about me and about my mother, Patricia Kyle, was circulated. The flyer contains the statements that Jeannie Hightower is my sister, that she is my mother’s daughter, and that Jeannie Hightower is married to Tracy Hightower who owns a business with James Yeager, and that James Yeager’s brother, Berry Yeager is married to Jeannie and Tracy Hightower’s daughter. While it IS true that Jeannie Hightower and Tracy Hightower are married, and that their daughter is married to Berry Yeager (who is the brother of James Yeager), Jeannie Hightower is of no relation to me, or to any member of my family, by either blood or marriage. As we are all God’s children, Jeannie Hightower is my sister in Christ, and I am proud to call her such; but she is of no blood or marriage relation to me.

Additionally, someone has been circulating false documents stating that my wife Brenda Kyle, who is a candidate for commissioner in the Third District, has a felony conviction. This accusation is categorically 100% false. These false documents were sent to the State Election Commission, as well as to her employer, Henry County Medical Center, where she is employed as a nurse.  Brenda Kyle worked for the department of the Navy for 15 years and held a Top Secret security clearance with access to the Pentagon. She changed careers after the events of September 11, 2001, and is currently employed as a nurse. Both of her employers, the federal government and the Henry County Medical Center conducted complete and thorough background checks on her in order for her to be able to perform the duties of the jobs she has held and currently holds. Both the FBI and the Tennessee Board of Nursing conducted these background checks. Again, the false and malicious information contained in those flyers was forwarded to her employer in an effort to slander her good name and to cause harm to her professional reputation.

I would like to address the person or persons who are responsible for distributing, with such a reckless disregard for the truth, this false information, and warn them that they can and will be held accountable to the fullest extent of the law for these libelous and slanderous statements and attacks against me and my family members.

I am offering a $500.00 reward for information leading to the identity of the person or persons who are responsible for creating and distributing both the flyer at the Catfish Place and the signs that were purchased at “The Print Guy” in Paris, Tennessee.  Again, the information on both the flyer and the signs is false, malicious, and slanderous and was designed to inflict emotional distress upon me and my 64 year-old widowed mother. The signs are not a matter of free speech; free speech covers only opinion and factual statements. The statements were not presented as opinions; they were presented as being fact; however, they are absolutely 100% fabricated. They are wicked, evil, false, outright lies.

I know without a doubt that there are many good people in Benton County who would not like these horrible things to be said about them, or their family members and friends, especially when the statements are not true. We are asking that anyone with information regarding either the signs or the flyers contact me at 584-2112, or 441-2102, or you can email me at support@bentoncounty.info. We would greatly appreciate any information you can provide us to help put a stop to these vile, malicious lies.

If you were the one responsible for distributing this false information about me and the aforementioned people, you would be well advised to cease and desist while you are ahead. When you are caught (and you WILL be caught) you will be facing both criminal charges as well as civil action for damages inflicted upon several people.

I thank you for taking time to listen to this broadcast and please know that I appreciate any help you can provide in putting an end to this situation.

April, 23, 2006
Benton County - Tennessee

Benton County Clerk, Rosanne K. Ward and husband, Jerry Ward are due in court on Thursday, April 27^th at 9:00 AM for finalization of their diversion agreement for crimes against the State of Tennessee revenue officers. The Wards were indicted for felony and misdemeanor charges when the state comptroller’s office audit reported that On April 8, 2004, Jerry Ward (husband of the county clerk) signed and submitted a document stating that he purchased a boat for $6,000. The clerk's signature was affixed to the document, and the sale was reported to the Tennessee Department of Revenue. The Department of Revenue noted that the reported sales price appeared to be significantly below market price for the boat, conducted an investigation, and discovered Mr. Ward had actually paid $21,500 for the boat.

The department then assessed Mr. Ward additional sales tax, penalty, and interest of $1,133.22 for the amount owed on the difference between the sales price reported to the department and the actual sales price. On September 8, 2004, Mr. Ward submitted payment of $1,133.22 to the Department of Revenue. We have reviewed this improper transaction with the district attorney general.

Judge Julian P. Guinn will be setting the terms of the Ward’s diversion which will contain monthly fees to the courts and court costs plus guidelines the Wards must follow while on Diversion. Diversion is a suspension of prosecution, if the Ward’s violate any of the terms and conditions of the diversion they can be tried on the original felony and misdemeanor charges which carry a jail term of up to 6 years.

You can read more about the history of the case by clicking HERE