Election Trial Continues in Hattiesburg - WHLT 22 Connecting the Pine Belt

Election Trial Continues in Hattiesburg

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Attorneys for former mayoral candidate Dave Ware rest their case today.

After coming up 37 votes short in the June 4 mayoral elections, Dave Ware is disputing the final count in court.

Expert witness Pete Perry finished his time on the stand. The jury also heard testimony from Hattiesburg city tax employee Hazel Young, former inmate Sammy Lindsey and Hattiesburg resident Marcus Merritt...

He says he was in San Antonio, Texas on June 4, yet a vote was cast in his name.

Dave Ware's attorneys say they have it in the bag.

"We feel like we've put on a very strong case to show that the actual votes, the actual legal votes, that were cast in this election were cast - the highest number were cast - for Dave Ware," Malcolm Jones, Ware's attorney said.

But Johnny Dupree's lawyers disagree.

"The evidence has now shown that they really have no evidence whatsoever to show that Dave Ware should be the mayor," Precious Martin, Dupree's attorney said.

Expert witness Pete Perry testified this morning that all the absentee ballots should be thrown out since they've already been intermingled, and there is no way to determine which votes came from illegal ballots.

"One bad apple spoils the whole barrel," Perry said.

When asked by Dupree's lawyer, Brandon Jones, where he got his information, Perry sited Jones-versus-Johnson.

"Oh, are you a lawyer?" Jones asked. 

"No, but I can read," Perry responded.

Things were heated when former inmate Sammy Lindsey took the stand. He testifies he was in jail at the time of the election and supported Ware's candidacy. However, the day of the election, he said Chief Bolton and a mechanic named "D" drove him to the precinct and said if he'd vote for Dupree, they'd help him get out of jail.

"No one should ever be offered anything in exchange for their vote," Malcolm Jones said.

"It's amazing how we must have heard two different witnesses testify," Martin said. "This guy came to the witness stand and said that he was allowed to vote his will, vote his conscience and vote in private."

The ware camp called Perry to the stand once more before resting their case.

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