Bond reduced on Justice Court judge
Published 5:00 am Monday, April 5, 2004
A $1 million cash bond on a Lawrence County Justice Court judgeaccused of drug trafficking was reduced to $300,000 by CircuitJudge Mike Smith Friday evening.
However, Justice Court Judge Post 1 Robert “Bobby” Fortenberry,46, of 60 Mary Lou Turner Road, New Hebron, remained in jailSaturday following the bond reduction. He was arrested March 26 inBrookhaven and charged with possession of 2.5 grams ofmethamphetamine with intent to distribute and conspiracy todistribute meth.
Smith also issued a gag order in the case. The order preventsattorneys, prosecutors and law enforcement officers involved in thecase from speaking to the public or media.
Approximately 25 family members, friends and former publicofficials attended Friday’s hearing in support of the accusedjudge.
Smith opened the proceedings at 1 p.m. Friday, but immediatelyretreated into his chambers with the attorneys. They emerged around1:45 p.m. and Smith issued the gag order.
“Certain items pertaining to this case will be heard in chamberstoday so that nothing gets in a newspaper that a prospective jurorcould use to form an opinion about this trial,” Smith said.
The judge heard all witnesses in the case in his chambers as theafternoon wore on.
Brookhaven attorney Joe Fernald and Monticello attorneys BobEvans and Jack Ainsworth are representing Fortenberry. Ainsworthwas not present Friday, but Fernald and Evans resisted the gagorder.
The defense attorneys had prepared a statement to be releasedafter Smith made his ruling on the bond reduction, but the judge’sgag order nullified their efforts.
The defense team appeared visibly upset as they emerged from thejudge’s chambers shortly after 5 p.m. and gathered Fortenberryfamily members to discuss the ruling.
Bond hearings are typically justice court matters.
However, Smith said earlier he was presiding because one justicecourt judge had recused himself and the other was out of town on afamily emergency. He did not identify which judge was which.
Justice Court Judge Billy Joe “B.J.” Price said he had recusedhimself because of his friendship with Fortenberry.
“I’ve been knowing Robert for a long time,” Price said. “He’s apersonal friend and I didn’t want to get involved in it. I don’tknow if (the charges) are true or not, but I feel for thefamily.”