A dispute between the Falls County District Attorney’s office and Marlin’s City Manager, Cedric Davis was settled in court today over details of a forensic audit.
Marlin city leaders along with Falls County District Attorney Jody Gilliam all appeared in the 82nd Judicial Court in Marlin to discuss the DA’s issued subpoena requesting information regarding a forensic audit requested by the City of Marlin in November.
“She wanted to know what had been provided to the forensic auditor in terms of background information and we’ve provided that information in terms of what’s been made public already,” said former Appeals Court Judge Morris Overstreet.
The city maintains that audit isn’t complete however the information that is available is public record.
“We have received no updates on the forensic audit. It’s an ongoing process and we are waiting for the process to play out,” Marlin’s Mayor, Carolyn Lofton told members of the media.
“It’s the citizens of Marlin. It’s been out on TV that their money is missing and we need to know if it is or not,” Falls County District Attorney Jody Gilliam said.
Previously, Davis was subpoenaed to testify before a grand jury but the city on his behalf filed a motion to quash to free him from that obligation.
“In my 30-year career in law enforcement, I’ve never quashed a subpoena, never because I abide by the law. I believe in the law,” said City manager, Cedric Davis.
Due to advice from the city’s legal counsel, he didn’t show for the grand jury.
He says he was getting treatment for prostate cancer and was unavailable at the time. DA Gilliam says she was not informed of any medical
The information being requested from the DA’s office is believed to provide more clarity about thousands of dollars unaccounted for by the city’s prior administration.
It wasn’t clear if the District Attorney Gilliam had intentions to file criminal charges against marlin officials.
Former Court of Appeals Judge Morris Overstreet, representing Cedric Davis, says now that they have a full understanding of the subpoena, they are willing to produce those documents.
“The parties were not able to effectively communicate with each other and there was not an understanding of exactly what the district wanted on behalf of the grand jury,” Overstreet said.
Marlin city officials including mayor Carolyn Lofton and city council members say they stand in full support of City Manager Davis, saying they have nothing to hide from Marlin citizens.
They were ordered in court to have the requested documents to District Attorney Gilliam no later than 4:30 this afternoon.
There could be more to this in the coming weeks because District Attorney Gilliam said in court there is a possibility for more subpoenas in the future.