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Oral arguments heard in corruption case of former Sullivan County Highway Commissioner
Published: February 29, 2012
The Tennessee Court of Appeals heard oral arguments today in the corruption case of former Sullivan County Highway Commissioner Allan Pope.
A jury convicted Pope of theft of service, official misconduct and using public equipment for private purposes in November. The conviction stemmed from work that Pope authorized on a water main project and the excavation of a dirt bank.
Pope appealed the conviction and a three-judge panel heard arguments from Pope's attorney, Dan Smith, and the State Attorney General's Office, which was represent by Lacy Wilber.
The judges appeared to raise concerns about Pope's conviction. Smith argued to the judges that the statute that Pope was convicted under did not apply and the rules that governed Pope's conduct made his behavior legal.
Presiding Judge Jerry L. Smith asked hypothetical question.
"This same action done in a county next door is perfectly legal?" Judge Smith said.
Wilber conceded that is was legal but under the particular statute that governed Pope's conduct is what not. Pope's actions are regulated by a private act that is separate from state statute, she said.
The judges said the appeal will hinge on their interpretation of the statute.
"It is curious language?" Judge Smith asked.
"Yes," Wilbur said agreeing.
The judges will review the oral arguments and briefs and submitted a ruling in the coming weeks.
On the advice of his attorney, Pope would not comment after the hearing.
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