Judge Denies Motion For Mistrial in Davis Embezzlement Case - FOX13 News, WHBQ FOX 13

Judge Denies Motion For Mistrial in Davis Embezzlement Case

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    Friday, October 4 2013 3:43 PM EDT2013-10-04 19:43:45 GMT
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HERNANDO, Miss. (FOX13) - Former Southaven Mayor Greg Davis' legal troubles continue. Testimony in Davis' embezzlement trial got underway in DeSoto County Circuit Court in Hernando Tuesday.

He's charged with one count of embezzlement and one count of making a false statement to a government entity.

The trial revolves around Davis' purchase of a leased 2007 Ford Expedition from the city of Southaven and his use of city gasoline and travel reimbursements.

An hour into testimony Tuesday morning, Davis’ attorney Steve Farese called for a mistrial. When Farese asked leasing company owner James Pike to read the copy of the lease agreement, Farese noticed neither he nor the prosecution had a full copy of the agreement.

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Circuit Judge Robert Chamberlain denied the mistrial on the grounds that both Farese and the prosecution had access to the witness and to a copy of the lease agreement if they wanted it.

At issue in the case is whether or not Davis purchased the vehicle legally or illegally and whether or not he denied the city from making a profit by selling it.

Also at issue is whether or not Davis' use of gasoline from city pumps and travel reimbursements for gas were legal.

Taking the witness stand so far Tuesday were the leasing company owner, deputy tax collector of DeSoto County, City Clerk Sheila Heath, and Lt. Greg Smorowski and Sgt. Brad Sutherland of the Southaven Police Traffic Department.

The State rested its case late Tuesday afternoon.

Davis is expected to testify Wednesday.

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