Political ad targets Cullman law firm

Published 5:30 am Friday, April 6, 2018

The first salvo was fired in what could be a combative political season in an advertisement Wednesday attacking local Republican candidates with ties to a Cullman law firm.

The ad, published in the Community Shopper’s Guide, took aim at the law firm of Berry, Berry, Little, Brunner & Chaney and was paid for by the Victim’s Voice, which was identified as a political action committee (PAC) in the ad. However, no PAC under that name could be found in state and federal campaign finance records. There is a Facebook page named “The Victim’s Voice, PAC” that shows photos of the ad and asks for donations.

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Cullman County Probate Judge candidate Carol Berry, District 12 Alabama State House Representative candidate Alex Chaney and Place 2 Circuit Judge Martha Williams are named in the advertisement that claims: “One Criminal Defense Firm, Three (3) Candidates, Four (4) Political Offices! including District Court Judge.”

Williams, R-Cullman, is facing opposition in the Republican Primary from attorney Melvin Hasting. Chaney is challenging incumbent state Rep. Cory Harbison, R-Good Hope, while Berry is running against Probate Judge Tammy Brown.

Carol Berry, who is married to Cullman attorney Johnny Berry, declined to comment, and Malinda Yarbrough, who was listed as the chairwoman of the Victims’ Voice PAC, did not return calls.

Brown said Thursday she had not read the ad but was aware it had published.

“I’m just going to run my campaign. I don’t have time to be involved in anything like that,” Brown said. “My time is spent with the duties of the probate office and what other time I have to campaign. I don’t have any interest in being a part of anything like that.”

House candidate Alex Chaney provided a prepared statement after being asked about the ad.

“I would like to thank the local media for giving me an opportunity to respond to the political attack on my law firm. Unfortunately, political attacks and negative ads are becoming common at every level of government,” Chaney said. 

“It is disappointing that some candidates and their supporters have decided to use dirty politics and fake news to try to influence voters this election cycle. I personally think the people of Cullman County deserve clean elections based on the issues. I would never use negative ads to gain votes but I predict more political attacks ads are coming. I know the good people of Cullman County will say no to dirty politics and hold those candidates that use them accountable because Cullman County demands and deserves better.”

Harbison said he had no role in publishing the ad and has not given money to The Victim’s Voice.

“I don’t anything about it and have no ties to that PAC or know who has contributed,” Harbison said. “I’m not running a negative campaign and don’t intend to. I feel like I’ve accomplished a lot as a representative and I’m running on that.”

Williams, who was elected the county’s first female circuit judge, released the following statement Thursday:

“I guess I shouldn’t be surprised, considering today’s political climate, but it is disappointing that someone would want to make a mockery out of very serious issues facing our community. Cullman County certainly deserves better. I intend to continue to run a positive campaign as I have always done. I want the people of my county to know who I am and how strong my commitment is to be the judge Cullman County can be proud of and can have trust in.”

The ad states: “Alex Chaney contributes $500.00 to Williams’ campaign (per Secretary State). Brandon Little contributes $500.00 to Williams (per Secretary State). Both contributions made on 1/22/2018. Bridgett Warner (secretary Berry and Little) contributes $500.00 to Williams on 1/23/2018.”

“Williams overides presiding judge’s order and changes armed robber’s sentence from “Life Without” to “Life” (released within 6 months of order) pursuant to request of Alex Chaney, firm attorney. State of Alabama v. Kenneth Ray Cornelius, Case No. CC2004-413. Williams grants Berry & Little’s request to reduce capital murder suspects bail to $75,000.00 and released back on the street 4/25/17. State of Alabama v. John Edward Cole, Case No. CC2014-189.”

Hasting did not return a call for comment Thursday.

The Times previously reported on Cole being granted bond in the capital murder case for the beating death of Fredrick William Galin, 71, at his home on St. Joseph Drive on Dec. 16, 2013.

Cole and his co-defendant Robert Gene Espy, Jr. of Vinemont are both out on bond and awaiting trial after the Cullman County District Attorney’s Office revised its charges against Cole in April 2017, reducing its original capital murder charge to felony murder — taking the death penalty off the table. Espy has been out on $75,000 bail since April 2015.

The case is currently set on a jury trial docket for April 30.

The ad also states how the Alabama Ethics Commission found probable cause that a “District Judge” —presumably Kim Chaney, Alex’s father — violated the state’s ethics law. The Alabama Attorney General’s Office is reviewing the case following the ethics commission’s October 2017 decision.

Attorney General Steve Marshall has 180 days, or six months, of receiving the case to inform the ethics commission whether he intends to take action, including an administrative disposition or settlement, conduct further investigation, or close the case without taking action, according to the ethics law. If the attorney general decides to pursue the case, he may inform the commission of the final disposition. His office has declined comment, although the case was reported Oct. 4, 2017.

Kim Chaney, who is serving in his fifth term, has denied any wrongdoing in connection with the ethics violation.

Cullman County GOP Chairman Waid Harbison said voters should “do their homework” before heading to the polls to elect local officials.

“I would encourage everyone to look at the facts and see how legitimate the allegations that are being made in this ad are,” he said. “These local offices are very important so it’s critical everyone look at the source and the legitimacy of what it is being alleged. These guys all are very accessible and willing to answer any concerns anyone may have.”