Tennessee sheriff fined for lying about public records

By The Associated Press

02.18.03

Printer-friendly page

KNOXVILLE, Tenn. — Knox County Sheriff Tim Hutchison was fined $300 and held in criminal contempt for lying about public records involving his office's horse stables, helicopters and drug accounts.

Responding to a request from County Commissioner Wanda Moody, the sheriff released two dozen pages of documents and swore in filings in January 2002 that there were no more.

But after being pressed by Chancellor Daryl Fansler, who is hearing a lawsuit brought by Moody against Hutchison, the sheriff's office produced 15 boxes of bank account records and other documents involving the horses and helicopters. More records were released in August.

In a 16-page ruling on Feb. 13, the chancellor found the sheriff in contempt and ordered the fine. He stopped short of sending the sheriff to jail, saying it would be "a disservice to the citizens of Knox County."

"No court can perform the functions society expects of it if contemptible conduct such as is present in this case is tolerated," the chancellor wrote. "This type of activity cannot be allowed to go unsanctioned."

The judge said Hutchison's Jan. 11, 2002, response to Moody's documents request "was replete with misrepresentations and false statements," and had no fewer than 23 paragraphs that were "totally or partially false."

Chief Deputy Dwight Van de Vate said the department acted in good faith. "But in the end, these lawsuits aren't about public records; they are about Commissioner Moody's political agenda," he said.

Moody's lawyer Herb Moncier declined comment, noting Moody has two other lawsuits pending against Hutchison, who has been sheriff since 1990.

Moody's original lawsuit in 1999 contended the sheriff couldn't use taxpayer money and deputies for construction projects or for horses and helicopters without Knox County Commission approval.

County Law Director Mike Moyers said the county would pay the $300 fine since Hutchison was acting in his official capacity.