Skandalakis , who was surprised Gilliam spoke publicly on the matter, said the investigation is closed due to “insufficient evidence,” including lack of credibility of the main witness to bring a complaint against Gilliam.
Freddie Higgins, 41, of West Point – who is Gilliam’s cousin – has a criminal record and is being held in Troup County Jail on a probation violation.
It was Higgins who initially went to the Georgia secretary of state with allegations of Gilliam’s voter fraud; the secretary of state asked the Georgia Bureau of Investigation to look into the matter. The results of the GBI probe are what Skandalakis ruled on in late May.
A secretary of state’s office spokesman said Thursday the office still considers the issue an open investigation and can’t comment further. While Skandalakis can prosecute only criminal charges, the secretary of state could issue a reprimand against Gilliam.
“Why the secretary of state would say that I do not know,” Gilliam said. “If it comes to that, I can fully defend myself. Right now, I consider this matter closed. I want to try and stay above the fray and not be vindictive.”
In prepared remarks Gilliam made after Monday’s regular council meeting in West Point, he wouldn’t name names of those involved. The GBI file, however, includes three volumes and more than 50 exhibits and names everyone suspected to be involved or eventually interviewed in the case, including about 30 randomly selected West Point absentee voters that the GBI asked about their ballots.
Skandalakis , who requested the random survey, said it was those results that convinced him the evidence wasn’t there to pursue Gilliam. The voters were asked if they applied for an absentee ballot, who provided it, if they filled it out themselves or had help, and what they did when they completed the ballot. They also were asked if they received cash or gifts for voting or any voting instructions.
Of the 30, only one said she gave her ballot back to Gilliam to be mailed, which Skandalakis said wasn’t a significant enough result to warrant charges.
“The allegations were quite broad,” Skandalakis said. “It involved fraud on absentee ballots. The ultimate question is, if the number of absentee ballots affected the outcome of the election, and the answer to that is no.”
The district attorney did say he advised Gilliam not to handle absentee ballots. Gilliam said he did mail a ballot for one other West Point voter, a member of his family. An examination of absentee ballots found he helped three people – also relatives – fill out their ballots.
Gilliam said he can’t be stopped from helping his own family. He plans to meet with Skandalakis soon to discuss the case.
The investigation alleges that Gilliam was accused by Higgins of doing much more than helping family. The case was opened in April 2008 after Higgins told investigators that Gilliam and members of his family were handing out absentee ballot applications and ballots themselves, along with $10 to $20 to secure votes. Higgins initially told investigators he never saw the councilman fill out any ballots, but did see him in possession of 30 to 50 ballots, along with a list of registered voters.
Higgins said Gilliam offered him money throughout the process “to keep quiet” and offered him a job with the city “once they were in office.”
Gilliam, a council member for more than 15 years, was on the ballot in 2007 – and won – along with Councilwoman Sandra Thornton and Gary Harrison, who eventually resigned for reasons unrelated to this case. Anne Wallace, who was on the ballot in 2007 and lost, eventually was appointed to fill Harrison’s seat.
But Higgins said Gilliam and his committee consisting mostly of family members weren’t just out to secure votes for Gilliam, but for Drew Ferguson IV, who eventually won the race against former incumbent Mayor Billy Head.
Higgins told investigators he had no idea what Gilliam was asking to do was illegal until he talked to a member of the nearby Lanett , Ala., City Council.
When the GBI interviewed a 20-year poll volunteer from West Point, the woman said she didn’t understand why there was such an influx of absentee ballots.
Gilliam told the GBI , according to the file, that he was attempting only to register voters and would mail back their absentee ballots for them if he was asked. Gilliam said Higgins wanted only money for his probation fines and that Gilliam had given him about $400 to repair his car and for living expenses.
Gilliam said he had the registered voter list only to verify if people he talked to were registered and that Higgins was the one to ask the councilman about a job but was arrested shortly after.
Gilliam also gave investigators a letter, included in the file, where Higgins attempts to extort $1,000 from him.
The GBI eventually got warrants to examine the absentee ballots from West Point and get fingerprints from Gilliam, Higgins and members of the Troup County registrar and probate office to attempt to figure out who may have handled them. When that effort failed, Skandalakis asked for the random survey.
The fact Higgins had attempted to extort Gilliam was not lost on the district attorney.
“I was not about to proceed, given the credibility issues of my ‘star ’ witness,” Skandalakis said.
In his statement Monday, Gilliam said the rumors of his alleged involvement in elections have circulated for 10 years. The councilman, who has suffered health problems in recent months, is up for re-election in 2011. He said he hasn’t decided yet if he’ll run again, or if he’ll pursue civil charges against his accusers.
“I think we need to move on,” Gilliam said.
Jennifer Shrader may be reached at jshrader @lagrangenews.com or at (706) 884-7311, Ext. 236.
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