Friday, November 29, 2013

Former Conservator John E. Clemmons Gets Potential Break on Prison Sentence

Over the strong protest of the court official who first caught him stealing from a helpless ward, suspended Nashville attorney John E. Clemmons has won approval for a plea deal that could get him out of prison in five years and four months.

In a 30-minute session before Rutherford Circuit Judge David Bragg, Rutherford Chancery Court Clerk and Master John Bratcher said he was cut out of the negotiations leading to the plea arrangement and that it amounted to a travesty of justice.

It was Bratcher, in his role as clerk and master, who first discovered that Clemmons was, without court authorization, taking money from the accounts of wards who had been entrusted to him.


Since that discovery and subsequent criminal investigations, Clemmons has admitted to stealing at least $1.4 million from four wards. He has pleaded guilty to three counts of theft of more than $60,000 in Davidson County and one count of theft of more than $60,000 in the Rutherford case. He also has entered a guilty plea in Davidson to TennCare fraud and perjury.

Clemmons’ case comes amid growing concern about the handling of conservatorships in Tennessee. Earlier this year, the General Assembly, after recommendations from the Tennessee Bar Association, approved the first major changes in the state’s conservatorship laws in a decade.

Under the plea deal unveiled Friday, a decision on just how Clemmons will serve an 8-year sentence for stealing about $120,000 from his ward Russell Church of Murfreesboro will be deferred until Clemmons gets out of prison on the charges he has pleaded to in Davidson County. Under his 18-year sentence in Davidson County, he could apply for parole after serving five years and four months.
Under Bragg’s ruling, Clemmons pending motion to serve out those eight years under alternative sentencing, such as home detention, or to get quick probation will be put on hold until his release on the Davidson charges.

Handcuffed and wearing an orange prison jump suit, Clemmons, 66, told Judge Bragg in a barely audible voice that he understood the plea deal and had agreed to it.

“He stole over $100,000 from a helpless man,” Bratcher said, barely holding back anger. “He stole hundreds of thousands of dollars from wards in Davidson and he’s been doing it for 10 years.”

Full Article and Source:
Former conservator Clemmons gets potential break on prison sentence

See Also:
Nashville Lawyer Admits to Stealing  $1.3 million, Gets 18 years in Prison

8 comments:

Rachel said...

And isn't the timing of this little deal coincidental? Over a holiday weekend when people aren't watching the news as much...

Thank you Nasga for staying on the John E. Clemmons story.

Anonymous said...

they take care of their own

StandUp said...

Got some buddies, do you Clemmons?

Heather said...

If you live in TN and are getting up in age or maybe even walk with a limp, pack up and leave!

Finny said...

Business as usual in Tennessee.

Anonymous said...

It's all in who you know.

helensniece said...

Well now isn't this a D I R T Y deal? How big is their bed? How is it the prosecutor went along with this? And why? Housch just hearing that name sets my radar in high alert Housch the silencer, the mouthpiece for Clemmons.

Where are the federal authorities who need to do some deep dirty digging to get to the bottom of how Clemmons is being treated like a King in this why? To keep him quiet?

Sylvia Rudek said...

Stealing for 10 years I can barely see through my steam - high probability the years of theft go beyond 10 years.

And how many complaints against Clemmons were submitted to the TN Board of Professional Responsibility (BOPR)?

You be the judge how effective and ethical the gatekeepers to the complaints are effectively concealing and protecting crooks and liars......

The Board of Professional Responsibility is comprised of nine lawyer members, and three non-lawyer members who offer an enhanced and balanced perspective of the professional responsibilities of the legal profession. The Board’s staff consists of nine full-time Disciplinary Counsel and ten support staff members.......... From the BOPR: HIGH LEVEL OF ETHICAL CONDUCT: The Court’s evolving and comprehensive professional responsibility system has resulted in a high level of ethical conduct by Tennessee attorneys as described in the Annual Report.. A performance audit conducted by the Comptroller of the Treasury, Division of State Audit, concluded in May, 2000 that “the operations of the Board of Professional Responsibility are efficient, effective, and are achieving the results desired by the Tennessee Supreme Court.”

http://www.tbpr.org/TheBoard/