VALDOSTA — The United States District Court for the Middle District of Georgia filed a 78-page indictment that includes 19 counts on charges of fraud, conspiracy, extortion and perjury against former Superior Court judge Brooks E. Blitch III, former State and Juvenile Court judge Berrien Sutton and others Friday.
Also listed as defendants are Berrien Sutton’s wife, Lisa Sutton, who was appointed as administrator of the Alapaha Circuit by Blitch, and private attorneys George Bessonette of Homerville and Hayward Collier of Nashville.
The indictment indicates that Blitch created an unneeded juvenile court judgeship, to which he appointed Berrien Sutton, as a financial favor and in exchange, received personal loyalty, free legal services and other intangible benefits. Around November 2007, Berrien Sutton stated in filings with the Judicial Qualifications Commission, “There is no need for a full time judge as all juvenile work in this small circuit could be handled in one full day per week or on two half days,” according to the indictment.
Berrien Sutton also sent fraudulent statements designed to increase his retirement benefits to the State Employees Retirement Board in Atlanta and made “kickback” payments to Bessonette as compensation for his work as juvenile judge rather than adjust his official payment in order to Sutton to keep his retirement potential as high as possible, according to the indictment.
The document also alleges that Blitch created an unneeded position as court administrator for Lisa Sutton and diverted funds from the Alternative Dispute Resolution Program to her as a financial favor. On July 1, 1997 Blitch also ordered all divorcing spouses with children in the Alapaha Circuit to attend “In the Best Interest of the Children” courses created by Lisa Sutton. From its inception through Oct. 14, 2007, Lisa Sutton profited $98,603 from the program, which parents had to pay to take, according to the indictment.
Blitch also authorized compensation of appointees Berrien and Lisa Sutton and Bessonette beyond the fair value of services to reward them for their personal loyalty
to Blitch.
In 1997, Blitch hired Bessonette as his law clerk and paid him a $30,000 per year salary. However, the indictment alleges that Bessonette performed few duties as clerk and worked in other private capacities during the same time until 2001 when Blitch began regularly appointing Bessonette as superior court judge “pro tem” to decrease Blitch’s work load.
At some point in 2001, the indictment alleges that a conspiracy was designed and agreed to by Blitch, Berrien and Lisa Sutton and Bessonette to divert state and local monies for their own benefit totaling $69,000 to the Suttons and $74,800 to Bessonette.
Collier is mentioned in only one count of the indictment, honest services fraud conspiracy, which alleges that Collier received money and other consideration in exchange for introducing persons to Blitch who were seeking inappropriate judicial assistance in ex parte meetings with Blitch.
Blitch is also facing charges of aiding and abetting possession of a firearm by a convicted felon, retaliation against a witness and false statements.
Blitch’s Attorney, Robert Willis, says FBI agents arrested Blitch on Friday morning and drove him to Macon. The lawyer said Blitch called him on a cell phone after his arrest.
Blitch resigned in May to avoid judicial misconduct charges by the state after nearly 28 years in office. Berrien Sutton also resigned this year to avoid a trial before the Judicial Qualifications Commission.
The indictments are the result of an ongoing federal investigation into misconduct in the Alapaha Judicial Circuit.
The Alapaha Judicial Circuit consists of Clinch, Lanier, Berrien, Cook and Atkinson counties.
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Judges face federal charges
19-count indictment filed against Blitch, Sutton and others
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