EXHIBIT 14

EXHIBIT 14ATTACHMENT TO:

SELF-EXECUTING AFFIDAVIT OFPAUL BENTON WEEKS III

[28 D.S.C. § 1746]

n ,,': 1y UVUUlCOU seueu Y WUll l UUU:st HI vesugaror S peUSIUIl r age I UI":'

Posted on Wed, Dee. 04, 2002

Nearly doubled salary won't boost investigator's pensionPHILLIP RAWLSAssociated Press

MONTGOMERY, Ala. - A south Alabama investigator whose salary nearly doubled in one year to $152,014won't be allowed to use the skyrocketing income to boost his state pension by $1,000 a month, despite aplea from a new federal judge who approved the pay hike.

The board of the Employees Retirement System voted against Bruce DeVane on Wednesday, turning asidarguments from his former boss, new U.S. District Judge Mark Fuller.

DeVane's attorney, Joe Cassady, declined comment after the unanimous vote, saying he does not commenton matters that may lead to litigation.

DeVane is chief investigator for the district attorney of Coffee and Pike counties. Fuller, who recentlystepped down as district attorney to become a U.S. district judge in Montgomery, appeared before theretirement board Wednesday to support DeVane.

The former district attorney said he boosted DeVane's pay from $80,307 in 1999 to $152,014 in 2000 tocompensate him for working nights and weekends on developing policies and procedures manuals for theoffice.

Holding up a five-inch-thick collection of manuals, the new federal judge said, "There is not another districtattorney's office I'm aware of in this state that has such a policy manual."

DeVane's pay declined to $85,976 in 2001. Fuller said DeVane wants to retire because of health problems,and his extra pay in 2000 should be considered normal compensation in computing his pension.

Under state law, a retiree's pension is based on his best three years of payout of the last 10. The staff ofthe state pension program has refused to count DeVane's $152,014 salary because they consider the extraincome to be overtime, which is not used to calculate a pension. DeVane appealed to the board of theEmployees Retirement System, which set up the hearing Wednesday.

Marc Reynolds, deputy director of the Retirement Systems of Alabama, said that if the $152,014 salarywere counted, it would boost DeVane's pension by $1,000 a month.

If DeVane were to retire Feb. I, his monthly pension would be $4,835 without the high year and $5,871with it, Reynolds said. If the 49-year-old investigator lives a normal life span, he would collect about$330,000 extra by using the high year, Reynolds said.

David Bronner, CEO of the Retirement Systems of Alabama, said the pension program stays on the lookout.r'\ for employees whose compensation increases dramatically shortly before they retire.

"Spiking is something that can wipe out a pension fund," Bronner said.

http://www.ledger-enquirer.comlmld/ledgerenquirer/news/locaI/4665886.htm ?template=cOl... 7/11/2003

Nearly doubled salary won't boost mvesngators pension rage 1.0I.t.

Reynolds said DeVane's 2000 salary was out of line with what investigators for state agencies earn. Theirpay range goes from $40,000 to $83,000, he said.

But Fuller said state law gives a district attorney complete control over his staff's salary. "What I have doneis legal under the law," he said.

o 2002 AP Wire and wire service sources. All Rights Reserved.http://www.ledgerenquirer.com

http://www.ledger-enquirer.comlmld/ledgerenquirer/news/local/4665886.htm?template=col. .. 7111/2003

EXHIBIT 15

EXHIBIT 15ATTACHMENT TO:

SELF-EXECUTING AFFIDAVIT OFPAUL BENTON WEEKS III

[28 U.S.C. § 1746]

~nertisermontgomeryadvertiser, com

==============================================SINCE 1829===============================================

THURSDAYDee 5, 2002

MontgomeryEditionSOcents

6A Thursday, December 5, 2002

Scott M. Brown .President and publisher

Paula S. Moore .Marilyn MitchellExecutive editor Managing editor

Kenneth M. HareEditorial page editor

PULITZERPRIZE 1928,1970,1988montgomery )\ducrtiset • •InionA GANNETT NEWSPAPERincorporating (heAlabama Journal, 1993

BACKlOADING

Retirement boardstops pension boostThe taxpayers of Alabama owe the State Employ-

ees Retirement System board and staff a note ofgratitude for protecting the public's purse.

The attempted raid on the retirement system in-volved the chief investigator for the district attorneyof Coffee and Pike counties, Bruce DeVane. Luckilyfor taxpayers, it was stopped by the RSA board.

In 1999,DeVane was paid the handsome wage of$80,307.But in 2000, as he approached retirement, De-Vane's pay was almost doubled, zooming to $152,014.

Since state retirement pay is based on earnings inthe highest three years in the last 10years of work,that huge increase would have raised DeVane's re-tirement pay by $1,000per month. If the investigator,who is 49, lived the average life span expected for aman of his age, retirement officials estimate this one-year pay boost would cost about $330,000extra.

DeVane's former boss, then-district attorneyMark Fuller, said he raised DeVane's pay to compen-sate him for working nights and weekends on devel-oping policies and procedures manuals for the dis-trict attorney's office. Fuller has since been named aU.S. district judge in Montgomery.

But the pension fund staff said they consideredthe extra income to be overtime - which it clearlyappears to be. If it was overtime, it could not be usedto boost his pension.

It is important that RSA remain vigilant in tryingto prevent backloading of salaries to boost pensions,because such attempts have been common in thepast.

For instance, in years past there have been col-lege presidents who have had a generous four- orfive-figure expense allowances as part of their com-pensation for years, giving them tax advantages andletting them avoid paying the employee share of thepension match on the money. But as they approachretirement, the expense allowances have been quiet-ly switched to pay.

Backloading has been a serious problem. We urgethe RSA board and staff to snuff it out whenever pos-sible.

EXHIBIT 16

EXHIBIT 16ATTACHMENT TO:

SELF-EXECUTING AFFIDAVIT OFPAUL BENTON WEEKS III

[28 V.S.C. § 1746]

THE SOUTHEAST

"Your locally owned, hometown newspaper"--.."' ••••••••• ~.:..ooo •••••••\.,'.•".>.~"'":..._.....,....,~_....•..__ "'.,,_.... ''"-'___ .. ~

ENTERPRISE, ALABAMA. .

Circuit Judge MeAlilevapplies for positionas district an r ev

By KIM LEWISSUN STAFF WRITER

Circuit Court Judge Gary McAlileysaid questionable practices at the districtattorney's office led him to apply for theappointment of dis-trict attorney for the12th Judicial Cir-cuit.

McAliley, whohas been a circuitjudge for almost 28years, said he waswilling to step downas a judge in orderto make necessarychanges in theoffice. If appointedby Gov. Don Siegle-man, McAlileywould finish theremaining two-year term left after for-mer D.A. Mark Fuller resigned Dee. 3following his appointment as a federaldistrict judge by President George Bush.The governor will make an appointmentto fill his unexpired six-year term whichends January 2005.

In a letter to Siegelman dated Dec.10, McAliley tells Siegelman that certain

Please see McAliIey, Page 8A

Judge GaryMcAliley

RSA deniesextra retirementfunds for Devane

By KIM LEWISSUN STAFF WRITER

A decision by the board of Retire-ment Systems of Alabama to deny 12thJudicial Circuit'S District Attorney investi-gator Bruce Devane a significant retire-ment increase was recently upheld by thestate board of control.

Don Nelson, director of benefits foremployee retirement systems, said it wasdiscovered by RSA that Devane had a sig-nificant increase in salary while he wasmaking contributions towards his retire-ment plan.

Nelson said the RSA board ruled thatby law any compensation that is consid-ered extraordinary is not subject to retire-ment deductions. On appeal the board ofcontrol upheld the decision of the board.

Nelson said that in fiscal year 1999Devane reported a salary of $80,307 andin 2000 reported a salary of $152,014, an

Please see RSA, Page 8A

Page SA THE SOUTHEAST SUN W~dnesd"y, i}ol'"mber 11, 20fl2

McAliley ~ __'__Continued from Page lApolicies and procedures havecome to exist in the districtattorney's office that need to bechanged.

"Terrible things have cometo exist in that office," he said."If allowed to continue, publictrust will be destroyed and thepeople will not best be served."

McAliley told the governorthat it is time for a publicminded person in authority togo into the D.A:s office and getit back on track.

.. It is time the appropriatedmoneys that are now being sopoorly expended be redirectedto making sure programs suchas the child support enforce-ment unit at that office remainso all of the children of Pikeand Coffee counties communi-ties will be allowed to receive

food, clothes and support, so deserve as human

beings," he said.Mike Kanarick, spokesper-

son for the governor, saidSiegf ernan is aware ofMcAiileys interest in the posi-tion but he is still receivingand considering applicants.

"In the near future thegovernor will ma ke a decisionthat he feeis is best for the pee-pie in the 12th Judicial Cir-cuit," he said.

McAliley, 54, said it hasbeen rumored that efforts arebeing made W close down thechild support program, layoffemployees and terminate otherprograms in the D.A:s officedue to lack of funding.

McAliley questions thelack of funding after it wasrevealed by Retirement Ser-vices of Alabama that salariedChief Investigator for Pike andCoffee Counties Bruce Devanehad his pay nearly doubled in

just one year from $80,307 to$152,014.

"This one investigator's$71,707 annual increase incompensation now makes himreceive more than the districtattorneys or even the circuitjudges of this state," McAlileysaid in his application.

McAliley alleges that childsupport workers in the D.A.'soffice make $19,000 to $20,000a year and that Devane's secre-tary and other secretaries makeoutrageously high salaries andreceive Christmas bonuses ofup to $4,000 per year.

"While the assistant dis-trict attorneys in that officework day and night to readythemselves for trials, some ofthem have to payout of theirown pockets for computers andother tools to do their jobswhile a few in that same officedrive around on very high

priced vehicles at publicexpense; purchase $3,000sofas; new carpeting andDeloney prints for theiroffices," he said.

McAliley has served as ajudge for more than one half ofhis life. During his last electionhe won every single box in thecircuit, in Republican areas aswell as in Democratic areas.

"The people know mydecisions have not been basedon whether a person before mycourt is a Democrat or aRepublican." he said. "I haveloved every single minute thepeople have allowed me toserve them as their judge."

Mc Aliley said he feels for-tunate for being able. to walkthrough life as he has.

"It was my intention tolive and die a judge becausethe people of my part of thestate have been so very good to

me and my family .and I owethem so very much," he said."Stepping down as a judge willmean a great financial andprestige sacrifice on my andmy family's part. Both of mygirls are in college ... and this isa time in my life where finan-cial sacrifices hurt most. How-ever, illY girls, my wife and I·have discussed this decision.All are in agreement. It is myduty. It is my responsibility."

It was a group of businesspeople and elected leaders,McAIiley said, that came tohim during his last criminaljury trial and encouraged himto retire from judging andclean up the D:A:s office.

"They told me what greathopes they had for economicgrowth in the community; theytold me how important it is forright to be praised and wrongeliminated," he said.RSA _

Continued from Page lAincrease of 89 percent in pay inone year.

"RSA questioned Devane'sformer boss. then "district .anor-ney Mark Fuller, about theextraordinary compensation andFuller told RSA he had assignedadditional duties to Devane forone year," he said. "Devane'sonly recourse now is to take theissue before a court and let ajudge rule on the matter.

"RSA is confident in thedecision that was made to denyDevane; in a similar court casewe had, RSA prevailed and thatwas the rn ai rt reason the boardmade its decision." Nelsonsaid.

Nelson added t"Jt at thistime he is not aware of anyother employees in the districtattorney's office in CoffeeCounty earning extraordinarywages.

Nelson said RSA hasrecei ved some feedback fromtaxpayers who are outraged atDevane's compensation "andjustifiably so."

"Taxpayers should reallybe outraged if it were to stand,"he said. "The one year com-pensation increase would causeDevane's retirement to increasea little over $1,035 a month ..The retirement fund would costtaxpayers somewhere around

$329,000 if Devane lived theaverage life span expected for aman his age."

Nelson said as far as heknows the nighest paid investi-gator in the state. other thanDevane. earns approximately$80,000 a year.

"State retirement pay. isbased on earnings in the high-

est three years in the last 10years of w~rk," Nelson said.

The mission of the Retire-ment Systems of Alabama is toserve the interests of the mem-bers by preserving the excellentbenefits and soundness of thesystems at the least expense tothe state and all Alabama tax-payers.

EXHIBIT 17

EXHIBIT 17ATT ACHlVIENT TO:

SELF-EXECUTING AFFIDAVIT OFPAUL BENTON WEEKS In

[28 U.S.C. § 1746]

udgbla

DA'sofficePike County DA Folmarsays office is not corrupt

By STEPHEN STETSONMessenger Staff

Jcel.Folrnar, the acting district attorney [01'

Pike and Coffee.counties, issued a. vehementdefense of the district attorney's officeThursday. The comments were a response tocriticism from circuit court judge GaryMcAliley, who blasted the office as heannounced that he was throwing his hat intothe ring in the competition to become thenext DA.

Folmar was appointed by Attorney GeneralBill Pryor to temporarilyreplace Mark Fuller, whoofficially resigned Dec. 3to take a federal judge-ship. McAliley wroteGov. Don Siegelman onDec. 10, simultaneouslyannouncing his desire toreplace Fuller and con-demning what he calledthe financial managementof the DA's office.

"Terrible things have come to exist in thatoffice," said McAliley in his letter to the gov-ernor. "If allowed to continue. public trustwill be destroyed and the people will not bebest served."

Folmar, III his

McAliley

rebuttal, stressed that theSee judge, page 12

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Judge From Page I

office of the district attorney isnot only fiscally sound, but amqq!<l of ~7f:~!!~n<:!"!·

'The fiscai state of the officeof the district attorney is proba-bly top in the state," he said. "Asufficient amount of fundspresently exist and will be usedto better serve the people ofCoffee and Pike County."

Folmar continued by respond-ing to allegations by McAlileythat employees in the DA'soffice were being givenChristmas bonuses of up to$4,000 and driving expensivevehicles at tax-payer expense.Without responding to specificallegations, he said that salarysupplements to employees areawarded based on performance,evaluations and assigned duties.

According [0 Folmar, nomembers of the office have beenforced, as McAliley suggests, topurchase office products out oftheir own pockets and many ofthe programs generate revenueby levying fees on offenders.McAliley also told Siegelmanthat representatives from the

DA's office were purchasing$3,OOO~ofas and expensi ve art-work for their offices.

However,nocabiein Folrnarsresponse is the absence of anymention of the pay raise award-ed [0 investigator BruceDeVane, who saw his salarynearly double in one year -from $80,307 in 1999 to$152,014 in 2000. The raise wasbrought to public attention whenthe state retirement boardblocked DeVane from using thepay raise to boost the amount ofhis pension.

McAliley slammed the raiseas an example of financial mis-management and said the moneygave DeVane a salary thatexceeded even that of state dis-trict attorneys and circuit judges.Fuller, who authorized the raisewhile DA, defended the sum,saying that it was justified bywork DeVane had put in to con-struct some manuals for theoffice.

Folmar said that the rumorsmentioned in McAliiey's letterconcerning the possible closure

of the Child Support Unit areuntrue. He described the unit,which is re?p'qm;itl!~ fqr collect-ing child support payments inPike and Coffee counties, ashealthy and effective.

"This office established aChild Support Unit more than 20years ago and continues to thisday. The program is strong andhas been recognized throughoutthe state. There are no' plans toend the program or layoff anypersonnel for equipment or otherneeds."

Mike Kanarick, press secre-tary for the Governor's office,con firmed that the governor hadreceived McAliley's letter, andthat his office was still consider-ing all applications and inputfrom residents.

"We're taking any input fromthe community or that potentialsupporters have to offer,"Kanarick said. "We will make adecision based on all that inputin the best interest of lawenforcement, the judicial circuitand the people of Pike County."

EXHIBIT 18

EXHIBIT 18ATTACHMENT TO:

SELF-EXECUTING AFFIDAVIT OFPAUL BENTON WEEKS In

[28 D.S.C. § 1746]

r DAY'S WEATHERHIGH

63LOW

33The

age Davis of Trov drew todav'seather, See page"2A for details,

on-line at www.troymessenger.com:l1'1day, December 15, 2002

PAGE 4:\ - THE MESSENGER - SUNDAY, DECEMBER 15, 2002

• •nmnn----=='--~i!~~!n~ ~!at www.troymessenger.com

Our Opinion

DA office comes under firePractices and procedures in the District Attorney's

Office have come under fire in recent weeks, and thepublic is right to be increasingly concerned.

Since Mark Fuller, district attorney for Pike andCoffee counties, resigned Dec. 3 to accept a federaljudgeship, a questionable pay raise and challenges tothe financial management of the office have surfaced.

In the first instance, the state retirement board ques-tioned a pay raise that nearly doubled the salary of aninvestigator in one year - from $80,000 to $152,000.Fuller said the raise was due the investigator becauseof extra work done to complete manuals for the office.The retirement board questioned its legitimacy, infer-ring that the one-year raise was designed to skew thepension calculation for the investigator.

Now, the circuit judge who works most closely withthe office has written a letter to Gov. Don Siegelman,challenging the fiscal management of the office. JudgeGeorge McAliley - who admittedly seeks the DAappointment - says employees in that office werebeing given Christmas bonuses of up to $4,000, while

others were asked to pay for office supplies with theirown money, McAliley also hinted that the ChildSupport Unit was in danger of being closed.

Now, the public is left wondering just what is takingplace in the District Attorney's office.

And until a new DA is appointed by Gov. DonSiegelman, answering those questions. and seekingaccountability for the fiscal management is-likely tobe a challenge.

The top candidates for the appointment are rumoredto include McAliley and a current DA office employ-ee. And the governor's office has given no indicationwhen the governor will make the appointment.Instead, spokesmen say only that "we're taking inputfrom the community" in support of potential candi-dates.

Input aside, the governor needs to move quickly toappoint a new DA, and he needs to press for account-ability in that office. It is too important to the peopleof Pike and Coffee counties to be the caught in afirestorrn of allegations and controversy.

EXHIBIT 20ATTACHMENT TO:

SELF-EXECUTING AFFIDAVIT OFPAUL BENTON WEEKS III

[28 D.S.C. § 1746J

01' II Co.;01

MARK E. FULLERoc.""T"RJcr ;\ TTORNEY

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January 2, 2002

R. Donald-Nelsou, Director of BenefitslhcRetirement Systems of J\l!l.b~aPost Office Box 302 t50Montgomery, AL 36 lJO-2150

RE.: BRUCE L DEV4NE RETIREIHENT

Dear Mr. Nelson:

Tam wnurig you in response to your letter dated December SrIT concerning theimpending retirement of my Chief Investigator, Bruce L. De-Vane. Concerning 'yuurinquiry regarding Me DeVane ts salary variations between. the years 1999 and 2001. MeDeVane was retained inthe position of Chid Investigator when I was appointed DistrictAuomey on January I: 1997; I requested addirional duties of Mr. DeVane beginning

Jano:uY 1, I997.which were temporary in nature and required additional responsibilitiesconcerning the change In. management of this. office after I \Y3S appointed DistrictAttorney. Due to financial constraints of this office. upon myassuming the duties of.District Attorney in 1997, I was unable to pay Mr. De Vane for the service; rendered untilfiscal year 2000 at which time J increased his salary to reflect the compensation for theadditional services 1 had requested of hi m.

Should you require Elily further information concerning this matter, please do not, hesitate tv contact rne.

With best regards, 1am '

tvLEF/cf

. ccr.Brucc L De Vanerile

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EXHIBIT

EXHIBIT 21ATTACHMENT TO:

21

SELF -EXECUTI1"~GAFFIDAVIT OFPAUL BENTON WEEKS III

[28 D.S.C. § 1746]

.' •• ·A •• ~ •••. - .~._- . .....; •• :.... ~.-.,

;,-.

QUESTIONNARIE FOR NOMINEES BEFORE THECOMMITTEE ON THE JUDICIARY, UNITED STATES SENATE

1. NAME: Full name (include any former names used).

Mark Everett Fuller

2. POSITION: State the position for which you.have been nominated.

United States District Judge for the Middle District of Alabama

3. ADDRESS: List current office address and telephone number.· If state of residencediffers from your place of employment, please list the state where you currently reside.

98 N. Edwards Street, Enterprise, AL 36330(334) 347-1142

4. BIRTHPLACE: State date and place of birth.

December 27,1958Enterprise, Alabama

5. MARITAL STATUS: (include maiden name of wife, or husband's name). Listspouse's occupation, employer's name and business addressees). Please, also indicatethe number of dependent children.

Married

WIFE'S MAIDEN NAME:

Boyd

WIFE'S OCCUPATION:

Homemaker

NUMBER OF DEPENDENT CHILDREN:

Three (3)

1

6. EDUCATION: List in reverse chronological order, listing most recent first, eachcollege, law school, and any other institutions of higher education attended and indicatefor each the dates of attendance, whether a degree was received, and the date each degreewas received.

1983- 1985 University of Alabama School of LawJuris Doctorate - May, 1985

1982 - 1982 Cumberland School of LawTransferred University of Alabama School of Law

1977 - 1982 University of AlabamaBachelor of Science in Chemical Engineering - May, 1982

7. EMPLOYMENT RECORD: List in reverse chronological order, listing most recentfirst, all business or professional corporations, companies, firms, or other enterprises,partnerships, institutions and organizations, non-profit or otherwise, with which you havebeen affiliated as an officer, director, partner, proprietor, or employee since graduationfrom college, whether or not you received payment for your services. Include the nameand address of the employer and job title or job description where appropriate.

1997 - Present Office ofthe District Attorney, 12thJudicial Circuit, State ofAlabama, 98 N. Edwards Street, Enterprise, Alabama 36330

Position held: District Attorney

1996 -1997 Office of the District Attorney, 12thJudicial Circuit, State ofAlabama, 98 N. Edwards Street, Enterprise, Alabama 36330

Position held: Chief Assistant District Attorney

1989 - Present Doss Aviation, Inc.3320 W. Carefree Circle, Colorado Springs, Colorado 80917

Position held: Chairman & CEO

1985 -1996 Cassady, Fuller & Marsh203 E. Lee Street, Enterprise, Alabama 36330

Position held: Partner & Associate

1985 -1985 Sirotte, Permutt, Friend, Friedman, Held & Apolinsky2222 Arlington Avenue, Birmingham, Alabama 35255

Position held: Law Clerk

2

\ .

'.1984 -1984 Cassady, Fuller & Marsh

203 E. Lee Street, Enterprise, Alabama 36330

Position held: Law Clerk

1983 - 1983 Hogan, Smith & Alspaugh1000 City Federal Building, Birmingham, Alabama 36352

Position held: Law Clerk

Part-time Position:

1997 - 2001 WXUS703 North Daleville Avenue, Daleville, AL 36322

Position Held: Part-time Radio Broadcaster

8. MILITARY SERVICE: Identify any service in the U. S. Military, including dates ofservice, branch of service, rank or rate, serial number and type of discharge received.

None

9. HONORS AND AWARDS; List any scholarships, fellowships, honorary degrees,academic or professional honors, honorary society memberships, military awards, andany other special recognition for outstanding service or achievement.

Dean's List- Undergraduate and Law School

Omega Chi Epsilon - Chemical Engineering Honor Society

Bench and Bar Legal Honor Society

Who's Who Among American Law Students (1983 -1985)

Outstanding Young Men of America

Who's Who in American Law

Strathmore's Who's Who in American Business

AV Rating Martindale-Hubbell Law Directory

Recipient "Miriam Sheehan" Award

3

'i

10. BAR ASSOCIATIONS: List all bar associations or legal or judicial-related committees,selection panels or conferences of which you are or have been a member, and give thetitles and dates of any offices which you have held in such groups.

Alabama State Bar Association - (September 1985 - Present)

American Bar Association - (1985 - 2000)

Member of Character and Fitness Committee - Alabama State Bar (1992-1999)

Chairman of Panel V of Character and Fitness Committee,,' Alabama State Bar (1999-Present)

Member of the Task Force on Disaster ResponseAlabama State Bar (1992-1993)

11. BAR AND COURT ADMISSION: List each state and court in which you have beenadmitted to practice, including dates of admission and any lapses in membership. Pleaseexplain the reason for any lapse of membership. Give the same information foradministrative bodies which require special admission to practice.

Alabama State Bar AssociationSeptember 1985 - Present

United States District Court for the Middle District of AlabamaSeptember 1985 - Present

United States District Court for the Northern District of AlabamaNovember 9,1993 - Present

United States Court of Appeals, 11th CircuitNovember 1,1990 - Present

12. MEMBERSHIPS: List all memberships and offices currently and formerly held inprofessional, business, fraternal, scholarly, civic, charitable, or other organizations sincegraduation from college, other than those listed in response to Questions 10 or 11. Pleaseindicate whether any of these organizations formerly discriminated or currentlydiscriminates on the basis of race, sex, or religion - either through formal membershiprequirements or the practical implementation of membership policies. If so, describe anyaction you have taken to change these policies and practices.

Founding Member of S.A.V.E. (Students Against Violence in Education)

Founding Member of Coffee County Teen Court

4

'j

Member of the Board of Directors for the Coffee County Habitat for Humanity(1998-2002)

Member of the Board of Directors for AUSA (l999-2001)

Member of the Board of Directors for F.A.C.E.S. (Family and Child EducationalServices) (1997-Present)

Member of the Enterprise Chamber of Commerce Board of Directors (1994-1996)

Trustee with the Coffee County Baptist Association (1994-1996)

Member and Deacon of First Baptist Church of Enterprise (Secretary 1996)

Member of Enterprise Lions Club(3rd Vice President - 1994-1995; 2nd Vice President - 1995-1996; President - 1996-1997)

Coffee County Commission/Countywide Strategic Planning Task Force

Member of State of Alabama Republican Executive Committee (1992-1998)

Alabama District Attorney's Association (1997-Present)

Chairman of the Technology Committee for the Alabama District Attorney'sAssociation (2000-2001)

Member of the Board of Directors for Enterprise Realty, Inc. (1990-1993)

Member of the Board of Directors for the Enterprise Country Club, Inc. (2000-200!)

Board of Directors for Enterprise Quarterback Club (1995-Present)

Member of Ethics Committee for Medical Center Enterprise (1992-1996)

Member of Enterprise Water Board (1994-2002)

Member of the Board of Directors for the Coffee County Arts Alliance (1990-2000)

Member of the Alabama Defense Lawyer Association (1985 - Present)

Member of the American Bar Association Defense Research Institute (1992 - 1996)

Appointed by Governor Guy Hunt to the Alabama Beautification Board (1989)

5

'\

Board of Directors for Doss Aviation, Inc. ( 1989 - Present)

To the best of my knowledge none of the Boards of Directors I have served on havediscriminated against any person or persons during the time I served as a Directoror while I was involved as a member.

13. PUBLISHED WRITINGS: List the titles, publishers, and dates of books, articles,reports, or other material you have written or edited, including material published on theInternet. Please supply four (4) copies of all published material to the Committee, unlessthe Committee has advised you that a copy has been obtained from another source. Also,please supply four (4) copies of all speeches delivered to you, in written or videotapedform-over the past ten years, including the date and place where they were delivered, andreadily available press reports about the speech.

There are no published writings; however, in the course of my position as DistrictAttorney for the State of Alabama, 12th Judicial Circuit, I have made severalspeeches both in seeking the position of District Attorney and while servingtherein. All speeches have been extemporaneously made and to my knowledge nowritten copies of any speech exist as well as any audio or video tapes of anyspeeches.

14. CONGRESSIONAL TESTIMONY: List any occasion when you have testified beforea committee or subcommittee of the Congress, including the name of the committee orsubcommittee, the date of the testimony and a brief description of the substance of thetestimony. In addition, please supply four (4) copies of any written statement submittedas testimony and the transcript of the testimony, if in your possession.

None

15. HEALTH: Describe the present state of your health and provide the date of your lastphysical examination.

Last Physical Examination: September 19,2001

Absent minor aches and pains due to the normal aging process, I would consider mygeneral health as good.

ll6. CITATIONS: If you are or have been a judge, provide:

(a) a short summary and citations for the ten (10) most significant opinions you havewritten;

(b) a short summary and citations for all rulings of yours that were reversed orsignificantly criticized on appeal, together with a short summary of and citationsfor the opinions of the reviewing court; and

6

(c) a short summary of and citations for all significant opinions on federal or stateconstitutional issues, together with the citation for appellate court rulings on suchopinions.

If any of the opinions or rulings listed were instate court or were not officially reported,please provide copies of the opinions.

None - Not Applicable

17. PUBLIC OFFICE, POLITICAL ACTIVITIES AND AFFILIATIONS:

(a) List chronologically any public offices you have held, federal, state or local, otherthan judicial offices, including the terms of service and whether such positionswere elected or appointed. If appointed, please include the name of the individualwho appointed you. Also, state chronologically any unsuccessful candidacies youhave had for elective office or nominations for appointed office for which werenot confirmed by a state or federal legislative body.

(b) Have you ever held a position or played a role in a political campaign? If so,please identify the particulars of the campaign, including the candidate, dates ofthe campaign, your title and responsibilities.

1. I was appointed to the position of District Attorney by Governor FobJames (January 1997)

I was elected to the position of District Attorney for the 12th JudicialCircuit of Alabama to serve a term of six (6) years (November 1998)

I am a member of the Executive Committee for the AlabamaRepublican Party (1992-1998)

2. I was chairman of the Coffee County Committee to re-elect GovernorGuy Hunt (1990)

Responsibilities: Organize general public information campaign in aneffort to turn out the vote for Governor Guy Hunt

I am chairman of the Terry Everett for Congress Committee (1993-Present)

Responsibilities: Involved in an advisory capacity to CongressmanEverett onre-election efforts.

Since graduation from college I have participated, as a volunteer, innumerous political campaigns, but held a position in only those listedabove.

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18. LEGAL CAREER: Please answer each part separately.

(a) Describe chronologically your law practice and legal experience after graduation fromlaw school including:

(1) whether you served as clerk to a judge, and if so, the name for the judge, the courtand dates of the period you were a clerk;

I have not served as a clerk to a judge.

(2) whether you practiced alone, and if so, the addresses and dates;

I have not practiced alone during my legal career.

(3) the dates, names and addresses of law firms or offices, companies orgovernmental agencies with which you have been affiliated, and the nature ofyour affiliation with each.

Cassady, Fuller & Marsh203 E. Lee Street, Enterprise, AL 36330

Office of the District Attorney, 12th Judicial Circuit98 N. Edwards Street, Enterprise, AL

Following my graduation from law school, I began employment immediatelywith the law firm of Cassady, Fuller & Marsh in Enterprise, Coffee County,Alabama. While employed with Cassady, Fuller & Marsh I sat for the AlabamaState Bar in July, 1985 and was successful in receiving my license to practice law

. in the State of Alabama on September 27,1985. I continued as an associate withthe firm ofCassady, Fuller & Marsh in Enterprise, Alabama and made partnerin October, 1986 where I remained in private practice until July 1, 1996.

The firm of Cassady, Fuller & Marsh is a small preeminent litigation firm with ahistory of approximately one hundred (100) years in southeast Alabama. Thefirm is engaged in the general practice of all aspects of a small, rural practicethat has established a reputation as a successful litigation firm in all aspects ofstate and federal court.

On July 1, 1996 I accepted the position as Chief Assistant District Attorney forthe rz" Judicial Circuit and held that position until I was appointed DistrictAttorney for the 12th Judicial Circuit by former Governor Fob James onJanuary 1, 1997. I continued to hold the position of District Attorney and wassubsequently elected to a full six-year term in November, 1998.

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(b) (1) Describe the general character of your law practice and indicate by date if andwhen its character has changed over the years.

The general character of the law I practiced following my graduation from lawschool in 1985 has been divided between my experience in private practice at thefirm of Cassady, Fuller & Marsh and my position in public service with theDistrict Attorney's Office for the 12thJudicial Circuit. From 1985 throughJune 30,1996, I maintained my practice with Cassady, Fuller & Marsh in thegeneral practice of law and with a concentration in litigation, primarilycorporate and insurance defense. My practice also included a general officepractice which would involve handling domestic relations matters, general real

.!i/.... estate. practice, corporate practice and pro bono work through the appointment..of criminal defense cases and assisting clients in general legal matters.

Beginning in August, 1987 through August, 1992 and approximately February,1995 through June, 1996 I was appointed as a part-time Assistant DistrictAttorney for the rz" Judicial Circuit. I had the opportunity of representing thepeople of Pike and Coffee Counties in various criminal matters ranging fromcapital murder trials through juvenile and district court cases.

Beginning July 1, 1996 through the current date, my practice has consisted ofrepresenting the State of Alabama, more particularly, the citizens of Pike andCoffee Counties in the prosecution of all criminal matters. Since becomingDistrict Attorney, my practice has evolved into more of a managerial function inoverseeing the general operation and practice of the District Attorney's Office,to include a great emphasis on administration. I stay involved in largerlitigation cases and frequently try criminal cases during regular jury terms ofcourt.

(2) Describe your typical former clients, and mention the areas, if any, in which youhave specialize.

The typical client that I represented while in private practice would be theaverage, hard-working resident of our rural community. Typically these clientswould be insured through your larger insurance companies and corporationsand I would represent the client's interest in any proceeding filed against themfor which I was retained. I would also represent larger corporations when theywere parties to a civil action, primarily in the areas of contract disputes, bad-faith, products liability defense, fraud and misrepresentation. While my roles inthe Office of District Attorney have varied from a part-time Assistant to a full-time public servant in the position of District Attorney, the client I would havetypically represented has remained the same. It is my privilege andresponsibility to represent the citizens of the State of Alabama who have beenvictimized by those who have chosen to violate the criminal code.

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(c) (1) Describe whether you appeared in court frequently, occasionally, or not at all. Ifthe frequency of your appearances in court varied, describe each such variance,providing dates.

My legal career has provided me with the opportunity to appear in courtfrequently and has allowed me the opportunity to be involved in a variety of cases.Since I have always enjoyed litigation, my practice, both in civil and criminal caseshas allowed me the opportunity to be in court several times per week on a fairlyconsistent basis since September, 1985.

(2) Indicate the percentage of these appearances in:

(A) federal courts;(B) state courts of record;(C) other courts.

The cases that I have handled both while I was in private practice and whileserving as a District Attorney have been numerous; however, the majority of mylitigation practice has been in State courts. I have divided my litigation experienceinto four (4) categories; total trials, jury trials - civil, jury trials - criminal andfederal trials. Of all of the jury trials I have tried, 4% of all cases I have tried to averdict or judgment have been in federal court. My litigation experience bycategory is as follows:

Total Trials:Jury Trials - Civil:Jury Trials - Criminal:Federal Trials:

5,16058826

(a) The percentage of cases I have handled in criminal court is 56% of all casestried before a jury or settled just shy of a jury trial.

(b) The percentage of cases I have handled in civil proceedings is 44%.(c) None.

(3) Indicate the percentage of these appearances in:

(A) civil proceedings;(B) criminal proceedings

After great effort, I have been able to estimate the total number of State civil andcriminal jury trials I have handled as well as federal jury trials and they are asfollows:

Jury trials - civil: 58Jury trials - criminal: 82Federal: 6

10

..-.:.. ..~'.':;;:~:..:.;... : •.........

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~

(4) State the number of cases in courts of record you tried to verdict or judgmentrather than settled, indicating whether you were sole counsel, chief counsel, orassociate counsel.

I acted as sole counsel or chief counsel in the vast majority of all of the criminaltrials and State civil trials and as co-chief counselor associate counsel in each ofthe cases tried in federal court. In providing the statistics I have included in thisresponse, I have tried to limit my response to those cases which were tried before ajury to verdict; however, a small percentage of these cases may have settled or pledduring the trial process or were settled on the eve of trial. The total percentage of

"ii. both civil and crimina! eases that were decided by jury ill the 146 cases I havebroken out from my litigation experience is greater than 70%.

(5) Indicate the percentage of these trials that were decided by jury.

Greater than 70%.

(d) Describe your practice, if any, before the United States Supreme Court. Please supplyfour (4) copies of any briefs, amicus or otherwise, and, if applicable, any oral argumenttranscripts before the U.S. Supreme Court in connection with your practice.

None

(e) Describe legal services that you have provided to disadvantaged persons or on a probono basis, and list specific examples of such service and the amount of time devoted toeach.

I have been privileged in my career as an attorney in the general, civil practice oflaw to have been able to provide legal services to disadvantaged persons on a probono basis. ThisexpeR"ience would Jnclude the specific instances of appointedcounsel to indigent criminal defendants, representation to individuals in legalmatters in which children's rights or domestic relations were at issue and the clientwas incapable of paying for the legal services as well as providing legal serviceswithout charge, to churches. These legal services ranged from preparing titleopinions and closing loans on church expansions to representing the Coffee BaptistAssociation and representing the Daleville Korean Presbyterian Church, P.C.A. ina trial regarding the conversion of monies from the church treasury. I have alsohad the opportunity of being appointed to the task force on disaster responsethrough the Alabama State Bar and providing assistance to disaster victims offloods, tornadoes, and other large natural disasters.

19. LITIGATION: Describe the ten (10) most significant litigated matters which youpersonally handled, and for each provide the date of representation, the name of the court,the name of the judge or judges before whom the case was litigated and the individual

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'. ~' -.~ --,'.---,.-.---- .•~ "" -..•. ~-

name, address, and telephone numbers of co-counsel and of principal counsel for each ofthe other parties. In addition, please provide the following:

(a) the citations, if the cases were reported, and the docket number and date ifunreported;

(b) a detailed summary of the substance of each case outlining briefly the factual andlegal issues involved;

(c) the party or parties whom you represented; and

,*",.~< (d) describe in detail the nature of your participation in the litigation and the, finaldisposition of the case.

1. State of Alabama vs. Willie Simmons "Billy Boy" Jackson CC 87-33Capital Murder 'Date of representation: 1997Judge Gary L. McAlileyAttorneys for the State: Joel M. Folmar

202 Oleander DrivePanama City Beach, FL 32413(850) 234-7841

Mark E. Fuller98 N. Edwards StreetEnterprise, AL 36330(334) 347-3489

",-: :.

Attorneys for the Defendant: Paul A. Young125 College StreetEnterprise, AL 36330(334)347-0843Garth LindseyPost Office Box 327Elba, AL 36323(334) 897-2592

This case involved a charge of Capital Murder against the defendant, BillyBoy Jackson. Mr. Jackson befriended an elderly gentleman whom hesubsequently gained entry into his home and robbed the victim of less thanone hundred dollars after he had bludgeoned the victim with a wood stoveiron, cut his throat with a pair of shears and then shoved a broom handledown his throat in an effort to kill the victim.

J, along with then District Attorney Joel M. Folmar represented the State ofAlabama at the trial of this matter. This was the first capital murder case

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that I had participated in and Mr. Jackson was convictedof Capital Murderand sentenced to die in the electric chair. Presently Mr. Jackson's case is onappeal while Mr. Jackson awaits execution at Holman Prison in Atmore,Alabama.

2. State of Alabama vs. Russell Cutts, Jr. CC 98-B-163 Capital MurderDate of Representation: 1998 through 2000Judge Robert W. BarrAttorneys for the State: Mark E. Fuller

98 N. Edwards StreetEnterprise, AL 36330(334)347-3489

Glenda Stout98 N. Edwards StreetEnterprise, AL 36330(334) 347-3489

Attorneys for the Defendant:Paul A. Young125 College StreetEnterprise, AL 36330(334) 347-0843

Debbie Jared130 N. Factory DriveElba, AL 36323(334) 897-3507

This was a case of capital murder in which the defendant, Russell Cutts, Jr.,along with a co-defendant, Jeremy Guthrie, lay in waitat the residence ofRussell Cutts' father and step-mother. Upon the arrival of the Cutts, alongwith the minor children of Russell Cutts' step-mother, Leighanne ManningCutts, Russell Cutts, Jr. and Jeremy Guthrie executed Russell Cutts, Sr., andLeighanne Manning Cutts by use of a .22 semi-automatic rifle and a 20 gaugesemi-automatic shotgun. The adults were executed in the presence of the twominor children. The children were taken into the home by Russell Cutts, Jr.after which Russell Cutts, Jr. wrapped the bodies of his father and step-mother in a tarp and disposed of the bodies by weighing them down withweights and dumping their bodies into a small river some twenty miles away.Russell Cutts, Jr. and Jeremy Guthrie then took the minor children ofLeighannc Manning Cutts to the local Dairy Queen where they purchased icecream for the children within one hour of the murders. Russell Cutts, Jr.and Jeremy Guthrie fled the area the day following the murders and werearrested outside of Bouton, Texas, where they were subsequently extraditedto the State of Alabama.

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Russell Cutts, Jr. was indicted for Capital Murder under Section 13A-5-40(a)(10) and was subsequently convicted of capital murder and sentenced tolife in the state penitentiary without the possibility of parole.

This case involved the offense of capital murder and the trial thereof wherethere were no eye witnesses available who would testify as to the eventsoccurring on the night in question. The case by the State of Alabama wastried based upon circumstantial evidence.

I was the lead counsel in this case and tried. the same along with AssistantDistrict Attorney, Glenda Stout.

3. State of Alabama vs. Sandy Waiter Smith CC 99-H-169 MurderDate of Representation: 1999 through 2001Judge Thomas E. HeadAttorneys for the State: Mark E. Fuller

98 N. Edwards StreetEnterprise, AL 36330(334) 347-3489

Marty Williams304 S. Edwards StreetEnterprise, AL 36330(334) 347-1314

Attorneys for the Defendant: S. Albert SmithPost Office Box 389Elba, AL 36323(334) 897-3658

Lloyd CarrPost Office Box 389Elba, AL 36323(334) 897-3658

On August 6, 1999, recent high school graduates, Beth LeAnne Lawson andDaniel Josh Burkett were traveling down a rural county road in CoffeeCounty, Alabama, when a vehicle being driven by the defendant ran throughan intersection at approximately 72 miles per hour striking the vehicle inwhich Lawson and Burkett were passengers, killing Beth LeAnne Lawson.The investigation revealed that the defendant failed to stop at a"'stop sign,was driving in excess of 70 mph at the time of the collision, had a bloodalcohol content of .235 and also had the presence of cannabinoid in hissystem. There- were no statements or any eye witnesses outside of thesurvivor, Daniel Josh Burkett.

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The Coffee County, Enterprise Division, Alabama Grand Jury indicted thedefendant for the intentional murder of Beth LeAnne Lawson. This case wastried at the time the Alabama Supreme Court was considering whetherreckless or gross negligence or even wanton conduct could satisfy therequirements of intentional conduct under the criminal code of the State ofAlabama. The State presented the case against the defendant and allevidence concerning the defendant's speed, alcohol and marijuana in hisblood were presented to the jury. The defense alleged that the defendant'semployer forced him to ride with him to a point in which he met hisgirlfriend and then made him drive his vehicle home immediately preceding

...~,;, this.wreck, The defendant refused the offer to charge the jury on any lesserincluded offenses other than the offense for which he stood charged, thatbeing murder. The jury deiiberated for two days after which they returned averdict of not guilty. Shortly after the trial of this case, the AlabamaSupreme Court ruled that such conduct in cases such as this would notsatisfy the statutory requirement of an intentional act necessary underexisting laws in Alabama.

I was the lead counsel for the State in this case and the defendant wasultimately found not guilty of the offense of murder and pled guilty to thecharge of assault involving Josh Burkett and sentenced to a period of eightmonths in the Coffee County Jail.

4. State of Alabama vs. Jamie Culpepper CC 98-H-261 & 262Manslaughter x 2Date of Representation: 1998 through 1999Judge Robert W. BarrAttorneys for the State: Mark E. Fuller

98 N. Edwards StreetEnterprise, AL 36330(334) 347-3489

Larry C. Jarrell111 Williams StreetTroy, AL 36081(334) 566-6896

Attorneys for the Defendant: Joel Williams609 S. Brundidge StreetTroy, AL 36081(334) 566-3464

On June 8, 1998, the defendant, while operating his motor vehicle, whileunder the influence of alcohol and in excess of eighty miles per hour on afour-lane, U. S. highway in Troy, Alabama, sideswiped a tractor trailer while

15

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beading south on U. S. 231, causing the defendant's vehicle to cross themedian and collide head-on with the victim, Willie Buck Griffm and aftercoming to rest in the northbound lanes of U. S. Highway 231the victim, JeffMeredith collided with the defendant's truck while on a motorcycle causingthe death of both Willie Buck Griffin and Jeff Meredith.

The defendant was charged with the offenses of manslaughter and indictedby the Pike County, Alabama Grand Jury for the offenses of manslaughterpursuant to Section 13A-6-3 of the Code of Alabama. At the trial of this casethe defendant alleged that the collision with his vehicle was caused by thetractor trailer crossing into his lane of traffic and sideswiping his truck. Thedefendant initially requested no lesser included charges other than thecharge of manslaughter for which the defendant stood trial.

After a recess, the defendant returned to the trial judge and requested thatthe jury be charged on the lesser included offense of criminaJly negligenthomicide. After a brief deliberation, the jury returned it's verdict of guiltyagainst the defendant for two counts of criminally negligent homicide forwhich the defendant was subsequently sentenced to sixteen years in theAlabama state penitentiary. The defendant appealed his conviction and theCourt of Criminal Appeals reversed the conviction on the grounds that thejury was not charged on the lesser included offense of vehicular homicide.

The Alabama Supreme Court, during the pendency of this appeal, ruled thatthe vehicular homicide statute in the State of Alabama was unconstitutionalon the basis that it did not specify a criminal state of mind for which anindividual must possess to be charged and convicted with such an offense.Not withstanding this ruling by the Alabama Supreme Court, the Court ofCriminal Appeals for the State of Alabama reversed this case on the groundsthat the trial judge failed to instruct the jury on the lesser included offense ofvehicular homicide. This case is presently on the trial docket to be retriedand I was lead counsel in the prosecution of this case.

5. State of Alabama vs. Dieallo StringerDate of Representation: 2000Judge Thomas E. HeadAttorneys for the State:

CC 00-H-225 Murder

Mark E. Fuller98 N. Edwards StreetEnterprise, AL 36330(334) 347-3489

Larry C. JarreJl111 Williams StreetTroy, AL 36081(334) 566-6896

16

Attorneys for the Defendant: Randy ArnoldPost Office Box 1181Troy, AL 36081(334) 566-7200

David HolmesPost Office Box 7Brundidge, AL 36010(334)

This case involved a random drive-by shouting while the victim, Komomo.Offem was standing in front of a nightclub after midnight on the night in .question. The defendant along with at least two other individuals in theautomobile admitted to firing shots while leaving the club as a random act ofcelebration and alleged to not have been aiming at any particular person.

The defendant and the witnesses in the vehicle in which the defendant was apassenger admitted to leaving the club and firing two type of handguns in anact of celebration. The evidence showed that the bullet which struck thevictim, leading to his death, was fired from a small caliber handgunrecovered in the area where the defendants disposed of the weapon. Thiscase involved the prosecution of the defendant based upon circumstantialevidence that the defendant fired the weapon in question leading to the deathof Komomo Offem. I represented the State of Alabama, more particularlythe family of the victim, Komomo Offem, and the defendant was found guiltyof the offense of murder on September 15, 2000 , by a jury of his peers andsentenced to life in the Alabama state penitentiary.

6. Braswell v. Conagra, Inc., United States Federal District Court,Middle District of Alabama, Southern Division, Case Numberr. 88-T-741SJudge Myron ThompsonDate of Representation: 1985 through 1990Appellate Number 936 F 2nd 1169 ur" Circuit 1991)

Attorneys for the Defendant: Kenneth T. Fuller203 E. Lee StreetEnterprise, AL 36330(334) 347-2626

Joe Cassady, Sr.203 E. Lee StreetEnterprise, AL 36330(334) 347-2626

17

. ,

Leo KnowlesSuite 1400, 1 Central Park PlazaOmaha, Nebraska 68102(402) 341-3070

Mark E. Fuller98 N. Edwards StreetEnterprise, AL 36330.(334) 347-3489

Attorneys' for the Plaintiff: Joe S. Pittman (Ret.)108 Windwood LaneEnterprise, AL 36330(334) 347-0694

This case involved allegations of numerous poultry producers contracted byConagra, Inc., to grow chickens. The claims involved allegations of mis-weighingchickens by employees of Conagra, Inc. Through discovery it was learned thatcertain employees of Conagra, Inc., had intentionally mis-weighed chickens forcertain growers causing them monetary loss and effecting the future contracts theyhad with Conagra, Inc. This matter was tried in the United States District Court forthe Middle District of Alabama, Southern Division to a verdict and a verdict wasrendered in favor of the plaintiff's poultry growers.

This case presented the first exposure I had to large class action litigation andcomplex litigation matters. I assisted as co-counsel on behalf of Conagra, Inc., andparticipated in the investigation, trial preparation, trial and subsequent appeal ofthis matter. The case was ultimately affirmed on appeal. .

7. Dothan Assisted Housing Corporation v. Albert G. Smith.Construction Company, Inc., and Sheets Aiken & AikenHouston County Circuit Court Case Number: CV 84-4835Judge Billy Jo SheffieldDate of Representation: September 1985

Attorneys for the Defendant: Mark E. FullerSmiths, Inc. 98 N. Edwards Street

Enterprise, AL 36330(334) 347-3489

Attorneys for the Plaintiff:Dothan Assisted Housing

Robert F. NorthcuttPost Office Box 2069Montgomery, AL 36102-2069(334) 241-8083

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James R. Seale200 Coosa StreetMontgomery, AL 36104(334) 834-7000

Albert G. Smith, Const. William F. Lee, IIIPost Office Box 1665Dothan, AL 36302-1665(334) 792-4156

Sheets, Aiken & Aiken John ByrdPost Office Box 536Dothan, AL 36302-0536(334) 794-0759

This case involved a complaint by the Dothan Assisted Housing Corporation againstAlbert G. Smith Construction Company, the general contractor who constructed theVaughn Towers assisted living facility in Dothan, Houston County, Alabama. Thegeneral contractor filed a third party complaint against the architect who in turnfiled a third party complaint against each of the subcontractors. Since this was ahigh rise facility there were approximately fifty parties involved at anyone time andextensive discovery was conducted through the depositions of the various partiesand experts. Prior to the trial of this case a settlement was reached. This case gaveme the opportunity of seeing how large lawsuits involving multiple parties washandled and gave me an opportunity to participate in complicated settlements ofsimple allegations.

I was the attorney for the subcontractor, Smiths, .Inc., who installed the airconditioning units in the Vaughn Towers facility. The settlement was reachedinvolving my client wherein monetary damages were paid to the Dothan AssistedHousing Corporation.

8. Martin vs. Martin (494 So. 2nd 97, Ala Civ. App. 1986)Coffee County Circuit Court Case Number: DR 77-272.02Date of Representation: 1985 - 1986Judge Riley P. Greene

Attorney for the Plaintiff: Mark E. Fuller98 N. Edwards StreetEnterprise, AL 36330(334) 347-3489

Attorney for the Defendant:Warren Rowe119 E. College AvenueEnterprise, AL 36330(334) 347-3401

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This case involved an action by Doris Martin, former wife of the respondent, GeorgeP. Martin. The petitioner and respondent had been married and, during the courseof their marriage had ten children of the union. At the time of the divorce the childin question was an adult and suffered a complete physical disability. Myrepresentation of Mrs. Martin was to file a petition seeking the establishment ofchild support for the disabled child, Angela Martin.

This case established the ability for a party to seek support on behalf of an adult,disabled child after divorce and established the principle that a parent has a duty tosupport a child, even after it has reached adulthood and who has been totally and

,""" pernranently disabled since birth.

The Alabama Court of Civil Appeals ruled in favor of Mrs. Doris Martin.

9. Kelly vs. Cenlar Federal Savings Bank, et alCoffee County Circuit Court, Elba Division, AlabamaCase Number: CV 1990-5023Judge Gary L. McAlileyUnited States Federal District Court for the Middle District ofAlabamaCase Number: 94CV698SJudge Ira DenientDate of Representation:

Attorney for the Plaintiff: Warren Rowe119 E. College StreetEnterprise, AL 36330(334) 347-3401

Garth LindseyPost Office Box 327Elba, AL 36323(334) 897-2592

Attorney for Defendant: Mark E. Fuller98 N. Edwards StreetEnterprise, AL 36330(334) 347-3489

This case involved a complaint by Mr. and Mrs. Kelly against Cenlar FederalSavings Bank and others following the failure of the mortgage company of theKelly's to maintain the policy of flood insurance on their home prior to the flood inElba, Alabama, in May, 1990.. In August, 1990, a complaint was filed by the Kellysagainst Cenlar Federal Savings Bank, the current mortgage holder of the Kellysmortgage along with the former mortgage companies and insurance companies who

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had financed the property prior to the mortgage being sold to Cenlar FederalSavings Bank. I represented Cenlar Federal Savings Bank and there werenumerous other attorneys representing other defendants. This case involvedsignificant investigation and discovery leading up to this case being scheduled fortrial in mid 1994. Approximately one week prior to the scheduled jury trial in thismatter, the co-defendants entered into a Mary Carter Agreement in which they metwith the plaintiff's attorneys and agreed to contribute $75,000 towards any verdictthat would be entered in this matter if the plaintiff's attorneys would not object tothe court entering a summary judgment in their favor. The court entered asummary judgment in favor of all co-defendants with the exception of my client,Cenlar Federal Savings Bank within a few days of the scheduled trial of this matter.

':;~~L,.gponthe dismissal of the co-defeudantscdiversity ofeitizenship was created and theplaintiffs had amended their complaint within one year of the dismissal of the co-defendants to increase the damages to the amount that would allow removal of thiscase to the federal court. I filed a petition to remove this matter to the United StatesFederal District Court for the Middle District of Alabama and this matter wassubsequently settled after mediation involving contributions to the plaintiffs by alldefendants in the amount of approximately $112,000. This case involved factualand legal issues of fraud and misrepresentation and the apportionment of damagesamong co-defendants in what I considered to be an unethical manner. Uponremoval to federal court it was subsequently settled and all defendants participatedin this settlement of the Kelly's claim.

10. Lucille Guinn vs. American Integrity Insurance Company, et. alCovington County Circuit Court Case Number CV 87-28Date of Representation: 1987 through 1992

Attorney for the Plaintiff: Clark CarpenterPost Office Box 277Talladega, AL 35161-0277(256) 362-0081

Attorney for Defendant: Abner R. PowellPost Office Drawer 969Andalusia, AL 36420(334) 222-4103

Merrill ShirleyPost Office Box 406Elba, AL 36323(334) 897-5775

Attorney for Providers Life: Mark E. Fuller98 N. Edwards StreetEnterprise, AL 36330(334) 347-3489

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This case involved a complaint by Mrs. Lucille Guinn, an elderly lady againstAmerican Integrity Insurance Company, Providers Fidelity Life InsuranceCompany and two independent agents for each of these companies for fraud andmisrepresentation. It was alleged that Mrs. Guinn had been persuaded to cancelcertain extended care coverage and Medicare supplemental insurance in which shehad already served the waiting periods and obtained coverage to purchase newpolicies of insurance from American Integrity Insurance. Company and ProvidersFidelity Life Insurance Company. It was alleged by the plaintiff that these policiesdid not provide as good a benefits as the policies in which she had cancelled.

"",S;;i'*'represented Providers Fidelity Life Insurance iCompany, a nursing home'supplemental insurance policy in which Mrs. Guinn had' purchased and stated attrial that she was interested in purchasing' at the time it was sold to her. This caseinvolved complicated issues concerning Medicare Insurance benefits and coverageas well as representing a co-defendant in an action in which the other defendant wasguilty of the allegations made against them.

The case was tried to a verdict by a jury in Covington County, Alabama, and averdict was rendered in approximately 1989 against American Integrity InsuranceCompany. A defense verdict was entered in favor of Providers Fidelity LifeInsurance Company.

20. CRIMINAL HISTORY: State whether you have ever been convicted of a crime,within ten years of your nomination, other than a minor traffic violation, that is reflectedin a record available to the public, and if so, provide the relevant dates of arrest, chargeand disposition and describe the particulars ofthe offense.

None

2L PARTY TO CIVIL OR ADMINISTRAIIVE PROCEEpINGS: State whether you,or any business of which you are or were an officer, have ever been a party or otherwiseinvolved as a party in any civil or administrative proceeding, within ten years of yournomination, that is reflected in a record available to the public. If so, please describe indetail the nature of your participation in the litigation and the final disposition of the case.Include all proceedings in which you were a party in interest. Do not list any proceedingsin which you were a guardian ad litem, stakeholder, or material witness.

While employed as District Attorney for the rz" Judicial Circuit, State of Alabama,I have been named as a defendant in very few legal proceedings, all of which havebeen in my capacity as District Attorney. These are as follows:

1. Timmy Adams v. Mark E. Fuller, et alCase Number: 01-00-692 CV-6-NUnited States Court of Appeals, 11th Circuit

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Sued by a defendant convicted of capital murder and sentenced to life withoutparole prior to my tenure as District Attorney. Case was dismissed by FederalDistrict Judge Myron Thompson prior to service. The petitioner appealed thismatter to the 11th Circuit where it was dismissed.

2. Jeffery Baker v. Mark E. Fuller, et. alCase Number: CV2001-344

Case filed by a resident of Pike County against me and numerous other politicalofficials seeking some type of administrative relief for access to public records. The

'plaintiffis'pro"sc and on April S, 2002 Circuit Judge Thomas E. Head, HI, dismissedthe plaintiff's .cause of action against me. The plaintiff has filed a Motion to Alter or 'Vacate the Judgment where it remains pending today.

During my involvement as a stockholder, Officer aud Director of Doss Aviation, Inc.there have been several cases filed, mainly involving employment related matters,against the company. Most of these matters were resolved through the EEOCprocess. Doss Aviation, Inc. currently employs approximately three hundredindividuals in twelve different locations. A list and brief description of each casefiled is as follows:

Substantially all of the employment related complaints involving Doss Aviation,Inc., have been handled by our corporate attorney, Harry L. Hopkins, at 1900South'I'rust Tower, 420 N. 20th Street, Birmingham, Alabama 35203, (205) 328-1900

1. Frank G. Messina, Aberdeen, Maryland (Baltimore, Maryland)Date of Claim: May 12, 1994; Settled January 16, 1996EEOC Case Number: 0901-0003987-95

Frank Messina was employed as an employee of the government contr-actor atAberdeen, Maryland prior to Doss Aviation, Inc. being awarded this contract in1994. The contract language required all employees to meet certain physicalcriteria and have a commercial drivers license to be employed under the contractbeginning with the contract Doss Aviation, Inc. was awarded. After Mr. Messinawas not retained following the starting date of the' contract as assumed by DossAviation, Inc., he filed a complaint with the EEOC office and/or the Department ofLabor in Baltimore, Maryland where this matter was subsequently resolvedthrough an agreement with the Department of Labor, the contracting office andDoss Aviation, Inc.

2. Joe Dickinson, Wright-Patterson Air Force Base (Dayton, Ohio)Date of Claim: August 2,1995; Settled January 30, 1996EEOC Case Number: 22A959438

23

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Mr. Dickinson was an employee with the former contractor at Wright-Patterson AirForce Base when Doss Aviation, Inc., was awarded the fuels contract in 1995. DossAviation, Inc., chose not to hire Mr. Dickinson and a claim was filed by Mr.Dickinson by the Ohio Civil Rights Commission as well as the EEOC office inCleveland, Ohio.

The Ohio Civil Rights Commission determined that the allegations made by Mr.Dickinson were not substantiated on October 26, 1995, and Mr. Dickinson neverappealed that decision. The EEOC office in Cleveland reviewed the findings fromthe Ohio Civil Rights Commission and concurred in their findings and no furtheraction was maintained by Mr. Dickinson.

3. Douglas Welch, Hondo, Bexar County, TexasDate of Claim: December 4, 1995; Settled August 12, 1998Claim Number: 07-97-0305-CV

Mr. Welch was an employee of Doss Aviation, Inc., employed to instruct Air Forceflight students at Doss Aviation's contract facility in Hondo, Texas. Mr. Welch wasobserved making an unsafe maneuver by the military personnel assigned to theHondo, Texas facility and this was reported to the Doss Aviation, Inc., managementpersonnel with a demand to take actions against Mr. Welch for his actions whilepiloting the plane with an Air Force student in the traffic pattern. Mr. Welch wasterminated and filed a suit against Doss Aviation, Inc., for wrongful termination.This matter was resolved by a summary judgment in favor of Doss Aviation, Inc.,and no further action was maintained.

4. Maybelline Porter, Wright-Patterson Air Force Base (Dayton, Ohio)Date of Claim: May 24,1997; Settled August 24, 2000Claim Number: United States Federal District Court No. C-3-98-506

MI.L Porter was employee of Doss Aviation, Inc., and was terminated after areduction in force at the contract facility at Wright-Patterson Air Force Base inDayton, Ohio. Ms. Porter filed a discrimination claim against Doss Aviation, Inc.,for either age, sex or both and this matter was resolved by summary judgment beingentered in Doss Aviation's favor or about August 24, 2000.

5. Paul Lewis, Kingsville, TexasDate of Claim: February 3, 2000; Settled May 26, 2000EEOC Number: 36BA00090

Mr. Lewis was not employed by Doss Aviation, Inc., when Doss was awarded thefuels \ contract at Kingsville, Texas. Mr. Lewis filed a complaint with the EEOC unFebruary 3, 2000, and after investigating Mr. Lewis' claims the EEOC found therewas no basis for his claim. No further action was taken.

24

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6. Benjamin Bolanos, EI Paso, TexasDate of Claim: August 1,2001Claim Number:

Mr. Bolanos was an employee of Doss Aviation, Inc., at its contract facility at BiggsArmy Air Field in EI Paso, Texas. Mr. Bolanos had previously been reprimandedfor safety violations while working with military equipment being operated by DossAviation at Biggs Field. On July 27, 1999 Mr. Bolanos was observed operating ametal grinding machine without wearing safety glasses by the contracting officercharged with supervising the work performed by Doss Aviation, Inc. Thecontracting officer's representative, Harold Hintze, wrote a letter to Doss Aviation'scontract manager rrequesting immediate action be taken against Mr. Bolanos. Mr.Bolanos was terminated and has filed a wrongful termination suit against DossAviation where it still remains in litigation as of the date of this response.

7. Esteban Benavides, Corpus Christi, TexasDate of Claim: March 8,2002Claim Number: 02-00992-G, 319th Judicial District Court, Nueces County, Texas

Prior to August 29,2001, Mr. Benavides was an employee of Doss Aviation, Inc., atits contract facility with the United States Navy at Corpus Christi, Texas. As part ofthe employment requirements, the defendant was required to have a validDepartment of Transportation Commercial Drivers License. Mr. Benavides hadhad some medical problems where he was subsequently referred to a physicianupon his return to work for a medical clearance and renewal of his Department ofTransportation Commercial Drivers License. Due to the continued problems withMr. Benavides blood pressure, the physician determined that Mr. Benavides did notqualify for the requirements of a Department of Transportation CommercialDrivers License and his employment with Doss Aviation, Inc., was terminated.Following service of this suit upon Doss Aviation, discussions were conductedbetween the attorney for Mr. Benavides and the attorney representing DossAviation, Inc., in Corpus Christi, Texas. Mr. Benavides suit was subsequentlysettled as of May 2, 2002 and Mr. Benavides no longer works with Doss Aviation,Inc.

22. POTENTIAL CONFLICT OF INTEREST: Explain how you will resolve anypotential conflict of interest, including the procedure you will follow in determining theseareas of concern. Identify the categories of litigation and financial arrangements that arelikely to present potential conflicts of interest during your initial service in the position towhich you have been nominated.

I have always maintained the highest ethical standard in regards to my commitmentto the practice oflaw. In any situation that has ever arisen either in private practiceor in public service in which there has been the inference of any conflict of interest Ihave tried to make that situation known both to the court and to the Alabama StateBar Association. In those situations in which a conflict of interest could raise the

25

, ,

appearance of any impropriety on my part or on part of the court in theperformance of my duties and responsibilities as an attorney, I have recused myselffrom participation.

I would hope that there would be no categories of litigation or financialarrangements which would prohibit me from administering my responsibilities as aUnited States District Judge; however, I will make the same effort identifying anyassociation, be it personal, professional or otherwise, and make known any potentialconflict of interest to the parties involved and if the circumstances should warrant,recuse myself from participating in any action assigned to me and request the ChiefJudge re-assign that matter to an alternate sitting District Judge.

23. OUTSIDE COMMITMENTS DURING COURT SERVICE: Do you have any plans,commitments, or arrangements to pursue outside employment, with or withoutcompensation, during your service with the court? If so, explain.

Since I am unfamiliar with the extent of any permissible involvement in outsideactivities should I be successful in receiving this appointment, in an abundance ofprecaution I will attempt to describe the activities I am currently involved in byserving in the Office of District Attorney.

I serve and would anticipate seeking guidance from the Judicial Ethics Advisors onmy ability to continue to serve as Chairman of the Board of Directors of DossAviation, Inc. I would also anticipate continuing my service as a member anddeacon of the First Baptist Church of Enterprise as well as serving as a volunteer oncivic and charitable Boards of Directors, as time would permit.

24. SOURCES OF INCOME: List sources and amounts of all income received during thecalendar year preceding the nomination, including all salaries, fees, dividends, interest,gifts, rents, royalties, patents, honoraria, and oth.er items exceeding $500. If you prefer to

( do so, copies of the financial disclosure report, required by the Ethics in Government A;:1.of 1978, may be substituted here.

See Financial Disclosure Report attached.

25. STATEMENT OF NET WORTH: Complete and attach the financial net worthstatement in detail. Add schedules as called for.

See Financial Statement of Net Worth attached

26. SELECTION PROCESS: Is there a selection committee in your jurisdiction torecommend candidates for nomination to the federal courts?

No.

(a) If so, did it recommend your nomination?

26

· \

Not applicable

(b) Describe your experience in the judicial selection process, including thecircumstances leading to your nomination and the interviews in which youparticipated.

I have been very impressed, and to some point overwhelmed, by the seriousness allparties have shown in selecting the best candidate to fill this judicial position. Ihave been privileged to have interviewed with each of my State Senators, SenatorsShelby and Sessions, on two (2) separate occasions prior to them recommendingmy namebe-Jorwardcd to the President, In April, 2002, I met with Judge, Gonzalezand Representatives from theWhite House Counsel's Office as well as aRepresentative from the Office of Legal Policy. !had a very thorough interviewwith the White House Counsel and staff. I next filled out a series of questionnairesand security forms preceding the background check and I participated in severalinterviews conducted by the Justice Department. On August 1,2002, I was notifiedthat President Bush had nominated me to the position of United States DistrictJudge for the Middle District of Alabama.

(c) Has anyone involved in the process of selecting you as a judicial nominee discussedwith you any specific case, legal issue or question in a manner that could reasonablybe interpreted as asking or seeking a commitment as to how you would rule on suchcase, issue, or question? If so, please explain fully.

No.

27

FINANCIAL DISCLOSURE REPORTFOR NOMINEES

Report Required by the Ethic;in Government Act of 1978.(5 US.c. App.. §§101-111)

r-:--.-':''J :40-10

I . Re.p. 1/2001

1. ~ .OD Reporting (Last name.first, middle initial) 3. Date of Report

Fuller, Mark E.

2, Court or Organization

Distric.tCourt - Middle DistrictAlabama August 6 , 2002

Initial Annual

6. Reporting Period

January 1, 2001thru August 1, 2002

4. Title (Article Illjudges indicate active or senior status;magistrate judges indicate full- or part-lime)

JDited States District Judge.'Nominee ..>.- .

5. ReportType (check appropriate t)'pe)

..!. Nomination, Date _

Final

7 Chambers or Office Address

18 N. Edwards StreetEnterprise,AL 36330

8. On the basis of the information contained in this Report andany modifications pertaining tbereto, it is, in my opinion,in compliance witli applicable laws and regulations.

e ,'.

POSITIONS. (Reporting individual only; see pp. 9-13 of Instructions.}

POSITION NAME.OF ORGANIZATION/ENTITYNONE (No reportable positions.)

EO' & Chairman Doss Av.:iatioll,Inc.

Coffee County Habitat:for Humanityctor

uirector F.A.C.E.S.(see attached sheet)r AGREEMENTS. (Reporting individual only; see pp, 14-16 oj Instructions.)

DATE PARTIES AND TERMSNONE (No reportable agreements.)

..------------~ -------'----

G.. NON -INVESTMENT IN CO ME. (Reporting individualand spouse; see pp. 17·24 oj Instructions)

DATE SOURCE AND TYPE GROSS INCOME(yours. not spouse's)

~ NONE (No reportable non-investment income.)

$125.503$ 1,000s 1,000

s 200s 76,387

(see attached sheet)

001 State of Alabama~OOI ike County Commission

Lf Coffee County Commission

001 WXUS (Part-time 4 weeks)

2001 Doss Aviation, Inc.

: :. '.,

L"I L 1.

FINANCIAL DISCLOSURE(Continued)

.. ;.

I. POSITIONS

POSITION NAME OF ORGANIZATIONIENTITY

4. Director5. Director

Enterprise Country Club, Inc.Enterprise Quarterback Club, Inc.

FINANCIAL DISCLOSURE(Continued)

III. . NON-INVESTMENT INCOME - 2000

SOURCE AND TYPE GROSS INCOME

State of Alabama $92,169.42

Pike County Commission $ 8,300.77

Coffee County Commission $8,299.98

WXUS (Part-time 4 weeks) $ 200.00

Doss Aviation, Inc. $58,972.56

IV. NON-INVESTMENT INCOME - 2002

SOURCE AND TYPE GROSS INCOME

State of Alabama $78;347.50

Pike County Commission $ 583.31

Coffee County Commission $ 583.31

Doss Aviation, Inc. $35.769.30

..

;1 ";i NCIAL DISCLOSURE REPORT Mark Everett Fuller August:· 6,. 1002

Name of Person Reporting Date of Report

T. MIMBURSEMENTS - transportation, lodging, food, entertainment.:Includes those 10 spouse and dependent children. See pp. 25-27 of Instructions.}

SOURCEl NONE (No such reportable reimbursements.)

DESCRIPTION

GIFTS. (Includes those 10 spouse and dependent children. See pp. 28-31 of Instructions.)

SOURCE-:-l NONE (No such reportable gifts.)·

DESCRIPTION VALUE

$

$

$

...,lABILITIES. (includes those a/spouse and dependent children See pp. 31-33 of Instructions.)

CREDITOR] NONE (No reportable liabilities.)

DESCRIPTION VALUE CODE*

\mSouth Bank Financing on stock purchase L

Name of Person Reporting Date of Report

<::IAL DISCLOSURE REPORT Mark Everett Fuller August 6., 2~02

.I Page 1 INVESTMENTS and TRUSTS -- income, value, transactions (Includes those 0/. spouse and dependent children. See pp. 34-57 a/Instructions)

o s s: Aviation, Ihc. A Div Pl W Exempt

R III Mark Everett Fuller

tl.. G. Edwards. Horieyuia rke t.: A Div J T Exempt

C 1ag:ra Foods, Ihc. A Div J T Exempt

L ~kCorp9ration A Div J T Exempt

1A /12 Lisa B. Fuller

\. G. Edwards Moneymarket A Div J T Exempt

~onagra Foods, Hie. A Div J T Exempt

LJ E. Fuller custodian

.no r s Act. I- I --_._--_. _ .._--

·L~nagra Foods, Inc. A Div J T Exempt

I ewen Group, Inc. A Div J T Exempt

Tk E. Fuller custodian (C ild No 2)

D rs Act

Harry's Inc. A Div J T Exempt -

_L::eaneering, Inc. A Div J T Exempt

c>nagra Foods, Inc. A Div J T Exem t

NON"~ (No reportable income, assets,

D ,4 ~GIAL DISCLOSURE REPORT

Name of Person Reporting

Mark Everett ...Fuller. Date of Report

Aligust; 6, 2002

1- Page 2 INVESTMENTS and TRUSTS -- income, value, transactions (Includes those of

spouse and dependent children. See pp. 34-57 of lnstructions.}

J~ NONE (NO reportable income,

assets, or transactions}.

~rk E. Fuller custodian

T

I .

A J

Moors Act

( hild Nt 3)

Conagra Foods, Inc. Div Exempt

D :;sAv·iation, Enc, D Int L T Exempt

? ," NCIAL DISCLOSURE REPORT

~.me of Person Reporting

MarkEverett Fuller.

Date of Report

Angus r 6 > 2002

V L Page 3 INVESTMENTS and TRUSTS -- income, value, transactions (Includes those of

spouse and dependent children. See pp. 3"4-57 of Instructions.)

.NONE .. (No reportabie. !ncomc,assets, or transacuonsj. ..

------t-. --- .__.._._-1'

.i \JANCIAL DISCLOSURE REPORT

ame or Person Reporting

Mark Everett FullerDate of Report

I August 6, 2002

V"I. Page 4 INVESTMENTS and TRUSTS -- income, value, transactions (Includes those of

spouse and dependent children. See pp. 34-57 of lnstructions.) .

NONE (Norepcrtable Jncome,assets, or transactions)

4

5

6

)

-_.,,"_._--" ------'----- T"" ---1----'------+- - ""--t-~"-·--",,,,,,-

·..,~ .•"-" .....•.. -.-. ... ~- .~~... '.-'- , ~ -. _ ..~'- , .

"

Name of Person Reporting Date of Repoit

or NCIAL DISCLOSURE REPORT Mark Everett Fuller August 6 , 2(){)2

I ADDITIONAL INFORMATION OR EXPLANATIONS (Indicate part of Report.)

-,- RTIFICATION.

c tify that all information given above (including information pertaining to my spouse and minor or dependent children, if any) iste rue, and complete to the best of my knowledge and belief, and that any information notreported was withheld because it mettble statutory provisions permitting non-disclosure. . - -- .

fi her certify that earned income from outside employment and honoraria andthe acceptance of gifts which have been reported are inan.,e with the provisions of 5 V_S.C. app., § 501 et. seq., 5 U.S.C: § .7353 and Judicial Conference regulations.

I. . ~~...~,.' Date August 6. 2002lfe

-rv GLY AN]) WILFULLY FALSlFIES OR FAILS TO FILE TIllS REPORT MAY BECT TO CIVIL AND CRIMINAL SANCTIONS (5 V.S.C. App., § 104.) - -

FINANCIAL STATEMENT

Provide a complete, current financial net worth statement which itemizes in detail all assets (including bankaccounts, real estate, securities, trusts, investments, and other financial holdings) all liabilities (including debts,mortgages, loans, and other financial obligations) of yourself, your spouse, and other immediate members of yourhousehold.

ASSETS LIABILITIES

Cash on hand in banks $ 15,055 Notes Payable to banks(secured)

$ 94,500

U. S. Government Securities Notes Payable to banks(unsecured)

Listed securities $ 41,618 (see schedule A) Notes Payabie to Relatives $ 0

Unlisted securities $1,30 I,250 (see schedule B) Notes Payable to Others

Accounts and Notes Rec $ 70,900 Accounts and Bills due

Due from Relatives & Friends Unpaid Income Tax $ 0

Due from others Other Unpaid Income & Int $ 0

Doubtful Real Estate Mortgages pay $ 415,000(see schedule D)

Real Estate Owned $ 650,000 Chattel Mortgages & other

Real Estate Mortgages Rec Other debts-itemize:

Autos & Personal Property $ 75,000

Cash Value-Life Insurance s 88,154

Other Assets ItemizeTotal Liabilities: $ 509,500

Net 'North: .~1,732,477

Total Assets: $2,241,977 Total Liabilities and net worths: $2,241,977

CONTINGENT LIABILITIES GENERAL INFORMATION

As endorser, comaker or guarantor - 6mm (see schedule C) Are any assets pledged? (Add Schedule) Yes(see schedule E)

On Leases or contracts $0

Legal Claims $0

Provision for Federal $0Income Tax

Other special debt $0

Are you Defendant in any suits or legalactions? No

Have you ever taken bankruptcy? No

IRA #1 Mark E. Fuller

A G. Edwards Moneymarket

Conagra Foods, Inc.

Lo Jack Corporation

IRA #2 Spouse

A G. Edwards Moneymarket

Conagra Foods, Inc.

SCHEDULE "A"

$1,752.00

$8,734.00

$ 664.00

$ 464.00

$ 922.00

MINOR SECURITIES - CHILD NO.1

Conagra Foods, Inc.

Loewen Group, Inc.

$]],239,04

$ 5.40

MINOR SECURITIES - CHILD NO.2

Hurry, Inc. $ 14.00

Oceaneering, Inc. $ 5,310.00

Conagra Foods, Inc. $ 6,253.48

Loewen Group, Inc. $ 6.84

MINOR SECURITIES - CHILD NO.3

Conagra Foods, Inc. $ 6,253.48

SCHEDULE "B"

UNLISTED SECURITIES

Stock in Doss Aviation, Inc.

$1,301,250

SCHEDULE "C"

CONTIN GENTLIABILITES $6MM·.A..s endorser, co-maker or guarantor

Personal Guarantee on commercial notes with SouthTrust Bank and Regions Bank: forDoss Aviation, Inc.

SCHEDULE "D"

REAL ESTATE MORTGAGES

Washington MutualAllgemeines Treuuntemehmen Trust

$415,000.00

$315,000.00$100,000.00

· i.

SCHEDULE "E"

GENERAL INFORMATION

Pledged assets

Residence located at

350 shares of common stock in Doss Aviation, Inc.

EXHIBIT

EXHIBIT 22ATTACHMENT TO:

SELF~EXECUTING AFFIDAVIT OFPAUL BENTON WEEKS III

[28 V.S.C. § 1746]

Vol. XXIX - No. :2 i\ugust 2003SE-RVINGOVER 289,000 MEMBERS

A Federal Judge & Integrity-,Part 1

.. :lny <1ec[ld"!i :Igo. on", of

A/HOal'l\lI's betic I' P\JOII(:

.. •.servants, Mr: McI C<x:tpcr

(tiw first director o~'tho AIa.l>aTnil. Ethi<.:~Commission). &~l.VC superb advice tothose who choo~c to live in the fish bowl

of public service. I Ic ~t:i.lC'd, "IC it looksh;;d anJ .you Ju not want it. 0.0 th" frQnt

pi'ge. (6C'll do uot do jt !"

J\Jd~ lvtu-k F~ Fuller, newly "ppuinl-

~ to the Unin:tl Stat= Elcycnth LXstri.ct

Court in Montgomery, has recentlydenied Alabamians rhe right to face the

miscre ants of Enron in st'lte court

Over :I ye •...r [''Go, the RSA took itupon itsdf to SUO, in state court, EnrOll

und WorldCom nFfi<,erx "lung with theind; vie! ual~ "Il'l companies tbilt 1'll.1.dc

mil! io ns off advising ,md <1.«!'i/lti ngEnton C\lld WorldCom and their off!-

L'L't'S. 'rhe- H:..S/'~fil~d 8cp:ilatc suits

:\8'~~')5r th" Enrcm off;ccno, ;u,l..,t~ "ndnbctrore and th<, WorIJ(A,m ofj~cers,

(";d'-'l~and abcrtors ••.f'r.,,,.mnnth" "p"r(.

!\:; expected. the dd~nd,lnL' in each

C(~C removed these C::1S(>S to f0.cfcr",1court. hoping to !;o(~them down in the

qtl.1gmir(l "r the huee En,.o" ••uJ

\VorldCom f.,ankruptc.l' ca sc s ilUJ

na tj o n a i <:~tL.".n action Cil.lC;:1 Pc.:1lJ.in6 iu

re,lcf"! 'Cuu", in uth(;l' st a t c s. The!itraig!.l urruw Cl,icr U.i"l. District

.Judge; \V i Iar"I,j f.l!Jf'illoH saizl MI. IlL'

sent them b.l.ek to state cour t 10 Jet the

people of Alabama have il,.·ir day inCOUt·£.

Unlorrunarely; the cesspool of En roo.never scoms to end. MOJ."" judividu;J.'"

w cr-c i0<;ntiflC'd and andcd toJihc EnronI.•.w"uit, which 'W •••.••obviouf'ly il big rnis-te!ke, Once a.,ain, the E<U-O'l u,ilividu.usremoved this case 10 federal court. Thisrime the case was ;tssi!>U"d to newly.:tppointcd Judge Fuller .• JwJge Fuller<lid not Il'toUlt RS.K. rcq ucst 10 seed rhe

c<.Ise buck (0 st ate court. :.B JudgeAlbritton had previously clooo, b\lt Jetthe case be rrnnsfcrred to I(,cl<'r~ oour-t

in Housron. Texas to be conRo/i.Jatc,l

with the huG'c national da~R actionpending the,.,,:

In the m eao.t imc. the World Corn

dllfelKbilts appealed Judg(, Albrirtons

to the Ala.b,l.nli\ state ''<IIJrt. The

Eleventh Circuit Court 0F Appealsruled that Abb.1m" get, its day in state'COlin, just ns -Judge Albritton ruled.

Next mccrh, WI) will dif',;UH ho""Jvdge Fuller nppcorcd Ix"h,rc the RRSBOMd of Control 1.1~( ~(;ctnhcr «ndl:,ilc0 to convin<.'C' the ERS nUJ.rJ ofControl ro ~ivc h;~ rri"nd ,. $330,000

boost in retirement inc.ome, :In,1 how hi"

..p;';Y-b.,.z,k~,.,Jkds "very .'\ ld >.,mi;ul.

Who Cares?Part 1

By David G, BrOlin",

,~. tote YES on September 9 for'. \. / Oovernor Riley's Account-).\ 1

abi!;\>,and Tax Reform Planif'yon love Alabama and Y01U' fclb",citizens. YESrnean;; better' schools.

hetter ~t••..te governm.en.t. andaccountcbility in govC'J'l)tnent th~t Inever thoua-ht would be .•. I:$alhy in

AI:>.b.-u:u,,,-Will we enter pacad isewith all of Out problems solved? Getreal, But by inv""ting in our future

nnd our children's Iuture, AlubamaCur'! avoid the "Iide into third-world(':CO(\01)1 ic ~tatJ.l~.

If you arc so ;;clf·<:c,~tcc~dth"t Y0l,l

rcfuBe to= the necd to reform andadequately fund Alabama. then vote

no. No means the bi[{ mules, million-aire s. and bi~ ou t-of-stnre rimbercompanies IhM 11.1vt: legally a.voided.taxes for yC3J'R will continue to do so.

Remember rhar couples c:u-nine-

I""" th=> $150,000 ",ill pl.y the sameO!' loss in taxes I It does not take a.brain ~urc;con to .see that most

Abb"mil\ll~ (65%) fall into that ca tc-

gory.

Ye.:tn; abo, it wa.' miulc publ;,. rharU.S, Sreel owned one-third of.]cFfcr,;oll Cou n t,Y and paid nota.xes-abst.ll'dr ( wal pt\,v rn or-c in

t.L."C~ unrlcr the Accountability and

'["X Rcl orm Piaa. 1 should ;l.nJ the:big nHt!().~ should too l