- Publication: The Athens Observer (Athens, Georgia)
- Author: Elton Manzione
- Original Publication Date: Thursday, March 28, 1996
Former school board president and local attorney Ed Tolley has filed court documents seeking to avoid giving a deposition under oath and producing certain documents in the defamation suit brought by former schools superintendent Carol Purvis.
On Friday, March 15, Tolley filed a Motion for Protective Order with a Lawrenceville state court judge to quash a subpoena issued by Purvis’ attorney, Scott McLarty.
Tolley, who was president of the Clarke County school board during the period when Purvis was alleged to have missed some $600,000 in teacher retirement fund payments, claimed in the motion “he has no information which is relevant to the subject matter involved in this case.”
Records of the state Teacher Retirement System show no payments were missed under Purvis, nor were any additional payments made under John Balentine, who succeeded Purvis as superintendent until his resignation last year. Balentine, various members of the School Board, and two district employees made public statements that Purvis had missed payments to TRS and Balentine had made them up.
In the Motion for Protective Order, Tolley, who recruited Balentine to the district, asserts the purpose of the subpoena and order for production of documents is “to annoy, embarrass, and oppress Tolley and submit Tolley to an undue burden and expense.”
In addition to Tolley’s sworn testimony, McLarty also seeks to have him produce several documents relating to court matters involving the school district.
The most intriguing requests relate to the still-unsolved murder of Jennifer Stone. One seeks “any documents regarding any investigations by any law enforcement authority relating to the death of Jennifer Stone.” Additionally McLarty seeks “any files relating to the representation of any members of the family of … Joseph Gaines.”
Gaines, Chief Judge of the Superior Court, was the presiding judge in Purvis’ 1992 racketeering trial. Purvis’ conviction in Gaines’ court was overturned by an appellate court, which ruled that Gaines erred in denying a motion for a directed verdict of not guilty in the case. A ruling of that type is unusual because it basically rules the case should have never gone to the jury at all and none of the evidence supported the verdict. One local attorney said trial judges are “very, very rarely” reversed on such grounds.
Reportedly, Gaines’ son was one of the last people to see Stone alive.
McLarty also requested Tolley produce, “any files relating to investigations of Mr. John Balentine.” Tolley served as head of the search committee that brought Balentine to Clarke County, and was reportedly responsible for investigating Balentine’s background. Tolley acted as Balentine’s representative when an Observer investigation documented discrepancies between Balentine’s employment record and public statements and documents produced by him while gaining employment here.
Tolley seeks protection from both requests on the grounds they violate attorney-client privilege.
McLarty requested Tolley also produce any documents he may have pertaining to InterAmerican Data, a company which was recently awarded a $100,000-plus jury verdict against the school district.
During testimony in that trial, IAD president Steve Miller testified he informed Tolley of purchasing and sales irregularities on the part of Bernie Stills. Miller produced phone records of calls to Tolley’s office, one lasting five minutes. Tolley denied being informed of the matter.
The court can grant or deny Tolley’s request for the protective order, or can order Tolley to comply with the subpoena under specific terms and conditions governing how and where the deposition is taken. The court can also exclude or limit matters addressed during the deposition. No hearing date had been set on the matter at press time, but Tolley had been subpoenaed to testify following Balentine on Friday, March 22.