Fitch v. State8/31/2001
idn't look like there was enough dirt there and some comments about their equipment." R. 933. According to Doughty, after Latham left, Fitch commented that "[Latham] was just mad because [Fitch] had friends that could get things done." R. 934.
Other testimony presented at Fitch's trial tending to personally connect Fitch with the project included the following: John Hopson Skelton, Jr., a Pickens County employee assigned to work in the landfill office before its closure, testified that he saw Fitch working at the landfill, using his own farm tractor to disk the fertilize and lime into the ground. R. 894. Skelton also saw Fitch appearing to attempt to repair what Skelton said was a piece of equipment called a road-grader that belonged to either Fitch or Bubba and that was being used to do work at the landfill closure. R. 896. Sammie Earl Jones testified that he worked with Edwards and Bubba closing the landfill. He stated that one day Fitch came to the landfill with a piece of equipment called a "low-boy." According to Jones, Fitch and Edwards loaded a bulldozer that Edwards had been using at the landfill onto the low-boy and that Fitch drove away with the dozer. R. 902. Rolston Oglesby worked at the landfill before its closure. He testified that he saw a piece of equipment that belonged to Pickens County, called a sheep-footed roller, being used by workers closing the landfill. R. 914-15.
Robert Thompson, a certified public accountant, prepared Fitch's, Bubba's, and Edwards's Federal income tax returns for 1994. The tax returns reflected that Fitch took a depreciation deduction for a hay baler, valued at $14,815. Bubba paid the bank loan used to purchase this baler out of a $30,000 payment Bubba received from Edwards for working at the landfill. Fitch reported as "other income" income generated from equipment rental. Bubba's tax return also reflected as "other income" income generated from equipment rental. Edwards's tax returns reflected that he had paid Fitch $33,235 for "rents" and that he had paid Bubba $30,000 for "rents." Edwards rented equipment from Fitch and Bubba to close the landfill.
Karen Seymer, a teller at the First National Bank of Cental Alabama, Carrollton Branch, testified that on October 3, 1994, the banks "daily chart for cash transactions $3000.00 and over" (R. 1018), a document generated daily by the bank to document cash payments over $3,000, shows the signature of Jerry T. Fitch, Jr., acknowledging the submission of a single check, the proceeds from which were to be applied to the payment of two loans (loans 332511 and 332311), and the receipt of $8964.94 cash. However, of the bank, requires that when a customer receives cash in an amount over $3000, the recipient provide a driver's license for identification purposes. The "daily chart for cash transactions $3000.00 and over," reflects the identification of the recipient of the $8964.94 cash to be Fitch.
The Pickens County Commission made four payments to Perma Construction for closing the landfill. Fitch's convictions arose from three of these payments. The first payment was made on September 28, 1994, in the amount of $134,400. From this sum, Perma Corporation paid Gates Corporation $126,400. From this sum, Gates paid Edwards $66,400. From this sum, Edwards paid Bubba $30,000. Bubba's receipt of this $30,000 payment underlies Fitch's conviction on Count two in case CC-97-0155. From this $30,000, Bubba made a $15,035.06 payment on a loan for a hay baler. Fitch, who had cosigned this loan with Bubba, was ultimately liable to the bank for payment of this loan. This $15,035.06 underlies Fitch's conviction in Count one of case no. CC-97-0282. Also from this $30,000, Bubba paid $6,000 on a loan use
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