Plaintiff's side has rested with eyebrow raising testimony - WDAM.COM - TV 7 - News, Weather and Sports

Plaintiff's side has rested with eyebrow raising testimony

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HATTIESBURG, MS (WDAM) -

After three days of testimony, attorneys for Dave Ware say they've proven their case.

"This is an effort to try to prove who voted, the actual votes, the legal votes and once you count up the legal votes there will be no doubt in anybody's mind that Dave ware was the winner," said Ware's attorney Malcolm Jones.

This comes after elections expert witness Pete Perry, who reviewed ballots on Ware's behalf, told the court there's more than enough illegal ballots to change the outcome of the June 4th mayoral election. Ware lost that race to incumbent Mayor Johnny DuPree by 37 votes.

Perry told the court problems range from missing signatures and initials to a 17-year-old inmate illegally voting and having more ballots than voter sign-ins at one precinct. He said 375 absentee ballots should not have been counted adding that hundreds of proper ballots should also be thrown out because of the bad ones. Defense attorney Brandon Jones says there's no authority for that.

"They put up a political mercenary, hired gun to try to make their case that was talking about political opinion more than he was the facts of the case or the laws of the case," said Jones.

The most heated testimony came from former Forrest County inmate Sammy Lindsay. He told the court he was voting for Dave Ware until he got a promise from DuPree supporters and Chief Charles Bolton, who works at the jail, that if he changed his vote, they would get him out of prison. Defense attorney Precious Martin fired back at Lindsey saying when he got to the voting precinct, he could have secretly voted for anyone he wanted.

"You pressed the button yourself didn't you," asked Martin.

"Yeah, I pressed the button myself," said Lindsey.

"So you could have picked anybody couldn't you," asked Martin.

"Yeah," said Martin.

"And you chose Mr. DuPree didn't you," asked Martin.

"Yeah I chose him because they told me they was going to let me out of jail," said Lindsey.

"It's because he was the best candidate," said Martin.

With the defense yet to present its case, attorneys from both sides say their case is solid.

"We think that we have proven without a doubt that Dave Ware had the most legal votes in this race," aid Malcolm Jones.

"We feel quite confident in our position in that the will of the voters was reflected in the election results and that when this process is over, Mayor DuPree will continue to be the Mayor," said Brandon Jones.

Court will resume Monday morning at nine o'clock, with the defense set to present its case.

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