The Morgan 2nd District Court gallery was filled to near capacity at Monday’s arraignment for Garth Day as he and his attorneys, Brad Smith and Amy Hugie, entered the courtroom. Day stood beside his defense lawyers and listened as the presiding judge, Judge Michael DiReda read the long list of charges against him. Day then confirmed for the judge that he had received a copy of the list of 43 charges against him.
Day’s defense then entered a plea on his behalf of “not guilty” for the record and requested that the preliminary hearing be scheduled for six to eight weeks out to allow them time to prepare and review the evidence against their client. The preliminary hearing is scheduled for eleven weeks out, December 20, 2010.
The investigation into Day’s alleged misconduct and which led to the many serious charges, including theft, forgery, and money laundering began earlier in the year. Until the end of August, Garth Day had held the position of County Council Administer for Morgan County. The position is now left vacant and was the main topic of discussion the following day at the Morgan County Council meeting.
Council Chairman Creager indicated in the meeting that Day had contacted him at the end of August. He said, “On the twenty-seventh of August, just before 2 p.m. in the afternoon, I received a phone call from Mr. Garth Day. His comment to me was that he had done some things that he should not have done, and he felt that it would be appropriate for the council to put him on unpaid administrative leave or fire him on the spot. He gave me additional information. I won’t go into the details of that…”
After his communication with Day, Creager called the sheriff and his fellow council members to inform them of the conversation. The investigation by the Morgan County Sheriff’s Department led to the charges that were filed against Day last week. The county reported that the investigation revealed fraudulent activity with money belonging to the county and that the amount involved is expected to reach several hundred thousands of dollars.