Former Eagleville City Recorder Michelle Bennett Pleads "No Contest" on Two Felonies (published 1/1/2009)

 BY MELISSA BUCHANAN

Just one week before Christmas, former Eagleville City Recorder, Michelle Bennett pled "no contest" on two felony counts in a Rutherford County Criminal Circuit Court on December 18th, 2008.

Bennett was arrested earlier this year after a Rutherford County Grand Jury handed over a lengthy indictment that included one count of Theft over $10,000, Fraudulent use of a Credit Card Over $10,000, two counts of official misconduct, one count of Tax Evasion, and four counts of Forgery; concluding a 7-month investigation led by the State of Tennessee Comptroller’s Office and the Tennessee Bureau of Investigation.

Bennett pled "no contest", in what appeared to be a plea agreement with the prosecuting attorney for the State of Tennessee Comptroller’s Office. By agreeing to plead "no contest", or "nolo contendere", Bennett will not admit guilt in the allegations against her, but will avoid trial by not contesting them in court. The "no contest" plea does, however, get accepted by the court as a guilty plea on Count 1-Theft over $10,000, a Class C Felony, and Count 3,-Official Misconduct, a Class E Felony, while all other counts were dismissed.

"Generically speaking; only 2 out of 10 cases will ever make it to trial. It is a lot easier to cut a deal, which serves as a cross-benefit to both parties", explained Dennis Dycus, Director of Municipal Audit for the State of Tennessee’s Comptroller’s Office. Chadwick Jackson, a member of Mr. Dycus’ staff, served as the prosecuting attorney for the case, at the request of the local District Attorney’s Office here in Rutherford County. Had the case against Bennett made it to trial, this would prevent a potential conflict of interest surrounding the City of Eagleville’s previous employment of Travis Lampley, who also works for the local District Attorney’s Office.

Tennessee law (T.C.A. § 40-35-111) describes a Class C Felony as "Not less than three (3) years nor more than fifteen (15) years in prison. In addition, the jury may assess a fine not to exceed ten thousand dollars ($10,000), unless otherwise provided by statute" and Class E Felony, "Not less than one (1) year nor more than six (6) years in prison. In addition, the jury may assess a fine not to exceed three thousand dollars ($3,000), unless otherwise provided by statute"

However, a Rutherford County Circuit Court clerk says that Bennett plans to file for diversion in the case. Bennett’s next court appearance will be a sentencing on February 27th, 2009. If diversion is granted, this could allow Bennett the opportunity to pay restitution or perform community service in order to avoid a prison sentence.

The final outcome is yet to come on the nearly $40,000 claim filed with Traveler’s Insurance, in which Bennett was bonded with as a municipal employee through the City of Eagleville. "We do not have a check in hand, but we do know that the insurance company will not reimburse the City of Eagleville for the $7,000 owed to the State of Tennessee Comptroller’s Office for conducting the investigation, or the $1,000 deductible" said, Vice-Mayor Ronnie Hill. Currently, Vice-Mayor Hill, Mayor Barham, and City Recorder Colleen Adams are each bonded for $40,000. It is unknown at this time what, if any, legal action Traveler’s Insurance will take against Bennett for potential payment of the loss claim.