I am not a supporter of Councilwoman Ware, but it's a shame that such a long political career would possibly be coming to an end for what would amount to chump change. All the incidents in question together don't add up to a twenty dollar bill.Councilwoman Barbara Swearengen Ware will be stripped of her position as soon as she shows her face in publicBut I'm not so sure her good name is her main concern right now. Though I don't know exactly what is happening, I know something is amiss. I expect her to pull a John Ford and retire before she is indicted. Then she can still draw a pension. Either she is gravely ill or she has one of the best insurance plans money can buy. I sincerely doubt she has been hospitalized for over a month unless she is in a treatment facility which "Methodist Hospitals" doesn't have. Could we be headed for another Elbert Jefferson type saga? I'm not surprised it would end this way though. She has always been a politician seeking favors. This time she paid full price.
Is she still hospitalized?
ReplyDeleteCouncilwoman Barbara Swearengen Ware not yet served warrant
ReplyDeleteRemains in hospital after state indictment on a felony charge of misconduct
Posted November 4, 2010
City Councilwoman Barbara Swearengen Ware has been indicted by a state grand jury on a felony charge of official misconduct, several sources said last week, but she has yet to be arrested.
Ware, 71, entered Methodist University Hospital a month ago for an undisclosed medical problem, and the Shelby County Sheriff's Office still has not served the warrant.
"There is no specific written policy regarding these types of situations," said Sheriff's Office spokesman Chip Washington about serving arrest warrants when individuals are hospitalized. Last week, Washington confirmed that a warrant had been issued for Ware's arrest.
He declined to say what factors the Sheriff's Office considered in Ware's case.
"Again, the previous answer is the same with regard to policy and we have no further comment regarding this case," Washington said.
A state grand jury has been investigating practices at the Shelby County Clerk's Office, and Ware's name surfaced in a probe of auto-registration practices at the office. Eight auto-title clerks were charged in April 2009 with taking bribes.
Ware, who was first elected in 1994, was served with a subpoena at City Hall in April, but the District 7 representative declined to explain the nature of the subpoena.
The clerks are accused of accepting money in return for favors, such as allowing motorists to renew auto registrations without first completing auto inspections.
Indictments alleged that three clerks accepted cash -- reportedly $5 -- from Ware.
Ware's attorney, former city attorney Robert Spence, could not be reached Wednesday. He said last week that he would work with law enforcement to bring Ware into custody once she is released from the hospital.
Once Ware is served and brought into custody, council chairman Harold Collins will immediately suspend her with pay pending the resolution of the case.
Memphis City Councilwoman Barbara Ware surrenders on misconduct charge
ReplyDeleteBarbara Swearengen Ware
Memphis City Council member Barbara Swearengen Ware, indicted a month ago on a charge of official misconduct, turned herself in at Jail East on Friday.
Her e-mail account and security access cards at City Hall were disabled shortly after.
She was accompanied to jail by her lawyer, former city attorney Robert Spence, and released on her own recognizance.
Ware, who has been hospitalized the past four weeks for an undisclosed illness, was indicted Oct. 14 on the felony charge.
The state grand jury charged that Ware used her office to skip motor vehicle inspections over a seven-year period, and to help others escape the requirement.
"As a result of her elected office, the indictment in essence alleges that she illegally obtained a benefit not available to some 200,000 other vehicle owners in Memphis who obeyed the law by incurring the time and effort to have their vehicles inspected," said Shelby County Dist. Atty. Gen. Bill Gibbons during a news conference Friday at the Criminal Justice Center at 201 Poplar.
"Now that these charges are official, Ware has been relieved of her official duties (on council committees and boards) as well as suspended from her official duties as a member of the Memphis City Council until such time as this matter is resolved," said council chairman Harold Collins in a statement.
Under provisions of a referendum approved by voters in 2008, officials must be suspended with pay if they are indicted for "official malfeasance."
A council member since 1994, Ware will be barred from using her office and her staff, and her parking spot at City Hall will be taken away. Collins said he will assign Super District 8 council members to handle issues concerning Ware's District 7 constituents.
The indictment alleges Ware had an agreement with Charles Nichols, former chief administrative officer of the Shelby County Clerk's Office, and other employees to "override" the inspection requirement in the clerk's computer system.
On at least eight occasions between 2002 and 2009, Ware registered or renewed the registrations for vehicles without going through city-mandated inspections, the indictment says.
A state grand jury has been investigating practices at the Shelby County Clerk's Office. Eight auto-title clerks were charged in April 2009 with taking bribes. Since the investigation began, a total of 15 people have been indicted, including Ware.
An administrative investigation by the Shelby County Attorney's Office uncovered "a pervasive culture of political and familial entitlement" in which favors were provided to politicians and businessmen as well as friends and family.
Several clerks were accused of accepting money to allow motorists to renew auto registrations without first completing auto inspections. Indictments unsealed previously alleged that three clerks accepted cash -- reportedly $5 -- from Ware.
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ReplyDeleteGibbons said Ware wasn't being charged with bribery, but a felony count of using her office to skirt inspections.
"If you look at the indictment, there is no monetary amount mentioned," Gibbons said.
Ware faces up to two years in prison if convicted, but as a nonviolent, first-time offender she would be a candidate for diversion -- a special form of probation in which a defendant's record is cleared after a period of good behavior.
Pretrial or attorney general's diversion could be granted by Gibbons' office and would involve no plea. Judicial diversion would involve a guilty plea, but that would be erased at the end of the diversion.
Although eight specific incidents of wrongdoing are alleged, Ware was indicted on only one count of official misconduct because, Gibbons said, the individual acts show "a pattern" of criminal behavior.
"This was a regular practice on the part of a member of the Memphis City Council," said Gibbons.
He said the case could be resolved "sooner rather than later," but declined to discuss negotiations.
"The ball is in their court," Gibbons said, referring to Ware and Spence.
Gibbons said the 71-year-old council member's health may lead her and Spence to make a "reasonable disposition" of the case.
"If they are interested in doing that, we are interested in a reasonable effort to dispose of the case before it reaches the court," Gibbons said.
Spence could not be reached for comment.
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