Request for Legal Action

Submitted by: Trey Benton

3522 Ashford Dunwoody Rd, #254
Atlanta, GA 30319
(404) 345-0011
Editor@thebrookhavenpost.com
Date:

July 20, 2015

Attention:

Sam Olens
State of Georgia Attorney General
Office of the Attorney General
ATTN: Jennifer Colangelo
40 Capitol Square
Atlanta, GA 30334

Good evening Jennifer,

I would first like to thank you and the Attorney Generals Office for taking the time to review the
extensive materials I sent you regarding an issue in the City of Brookhaven which I brought to
you for your opinion. I would also like to thank the citizens of Georgia for providing the means
for an institution such as the Office of the Attorney General to exist and for the unwavering
commitment to ensure oversight and administration of Georgia's Laws.
It is for the reason no one is above the Law that I appeal to you to help me understand why the
Attorney Generals Office stopped short of addressing my entire request(s). Perhaps it is because
I used the term Open Records Act Complaint in the inquiry I provided that the Attorney
Generals Office did not go beyond statutes that are related to the Open Records Act.
To that end, I would like to hereby expand my complaint beyond the limits of the Open Records
Act to matters of State Law.
I pointed out in my request that the City of Brookhaven violated a number of State Laws and
according to your own website (here), fall within the duties as prescribed by Legislation that the
Office of the Attorney General has jurisdiction over.
Matters of Violations of State Law have not only been proven by me but admitted by Brookhaven
Officials. With actions speaking louder than words, Brookhaven officials violated their oath of
office, defrauded the public, knowingly and willfully altered public records and conspired to
cover it all up by making false statements.
Your letter to me dated July 20, 2015 only helped clarify my assertions.

Continued
In your response letter you state, "When the March 18, 2015, email was released on May 14, Mr.
Kurrie did state that the email had been redacted, and cited the code sections he was relying on as
the basis for that redaction. However, the method of redaction that was used - physically
rearranging the paragraphs of the email, and only blacking out a few of the redacted parts prevented the public from knowing how much of the email had been redacted. Mr. Kurrie then
apparently made misleading public statements about the contents of the redacted portions of the
email, statements that only appeared true due to the improper redactions of portions of the email
that would have materially contradicted Kurrie's public statements.
The statements apparently made by Mr. Kurrie do not constitute violations of the Open Records
Act. Our office is not charged with deciding whether his statements and conduct may have
violated other provisions of state law."
You conclude and I concur that former City Attorney Tom Kurrie physically rearranged the
paragraphs of the email and prevented the public from knowing how much of the email had
been redacted.
Kurrie followed this with a release of false statements to the media and former Mayor J Max
Davis did the same. Your letter also concludes and I concur the Brookhaven City Council met on
these issues in a number of improper Executive Sessions where they discussed the issue, the
cover-up and how they were going to handle the situation.
The Brookhaven City Councilmembers, former Mayor J Max Davis, former City Attorney Tom
Kurrie, City Attorney Chris Balch, Mayor Rebecca Chase Williams all did and or continue to
violate a number of State Laws.
Here they are:
45-11-1(A). Felony
Stealing, embezzling, altering, corrupting, withdrawing, falsifying, or avoiding any record,
process, charter, gift, grant, conveyance, or contract.
Knowingly and willfully take off, discharge, or conceal any issue, forfeited recognizance, or other
forfeiture
Forging, defacing, or falsifying any document or instrument recorded or any registry,
acknowledgment, or certificate
Altering, defacing, or falsifying any minutes, document, book, or any proceeding whatever of or
belonging to any public office within this state
45-11-4
Malpractice, misfeasance, or malfeasance in office

Continued

16-10-1. Violation of oath by public officer

Any public officer who willfully and intentionally violates the terms of his oath as prescribed by
law shall, upon conviction thereof, be punished by imprisonment for not less than one nor more
than five years.
16-10-7
False acknowledgements, certificates, or statements of appearance or oath by officer authorized to
do same
16-10-8
Knowingly making and delivering an official certificate or writing containing statements known
to be false
In closing, your letter to me states that the Office of the Attorney General reserves the right to
civilly and criminally prosecute such matters where it deems doing so is appropriate.
I contend the City of Brookhaven committed a crime(s) and the City Council conspired to
continue its commission of the crime(s). It is a fact that the City Council knew the actions of the
former City Attorney and the Former Mayor and continue to know their actions forward to cover
up the crime(s).
I ask that you exercise your rights to prosecute the issue. If the Office of the Attorney General is
not going to exercise that right, could you please explain why?
If the Office of the Attorney General is not going to exercise that right, could you please tell me
where I should go next?
If the Office of the Attorney General is not going to exercise that right, could you please tell me
whom I should contact? Is it the DeKalb District Attorney?
Thank you in advance for reading this and for your prompt (please) response.
Please call me if you would like to discuss. Thank you again for your commitment to the Law and
the foundations they form.
Sincerely,

Trey Benton
404-345-0011
Editor, The Brookhaven Post