Lumpkin County Coroner Goes on Trial

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DAHLONEGA, Ga. –Day 1 in the trial of Lumpkin County Coroner Ronald Fortner on charges of theft by deception and violation of oath of office started Wednesday and was dominated by the testimony of Georgia Bureau of Investigation Special Agent Amanda Duttry and two audio recordings she made in 2013 while interviewing the defendant at her office in Cleveland.

Fortner faces 18 counts of felony theft by deception and 18 counts of misdemeanor theft by deception. The charges all stem from 18 actions but have been charged in two ways.

Fortner allegedly violated his oath of office by submitting invoices for cases that did not merit a coroner’s professional services. The Lumpkin County Finance Office paid Fortner $175 per case over a two-year period for a total of $3,150.

In his opening statement, District Attorney Jeff Langley said he would present witnesses who would say Fortner told the staff of Gold City Convalescent Home a new state law had been passed and that he must be notified of all deaths at the center.

“There was no new law,” Langley said. “He wanted them to call him every time someone passed away. He wanted to treat each death as if it was suspicious so he could bill the county $175.”

Defense attorney Jeff Wolff said Fortner had received word that some suspicious deaths had occurred at the center and his desire to be called on every death reported was part of his investigation of Gold City.

“He did his work. He billed for his work and he was paid for his work,” Wolff said. “If the state’s witnesses believe they heard him say there was a change in the state law they are mistaken.”

During one recorded interview Duttry told Fortner, “the law reads that coroners are not supposed to go out when a person is under hospice care.”

Fortner, who had gone out on multiple such cases, responded, “I didn’t know that. If I got paid for something I shouldn’t have, I’ll give the money back. I thought coroner’s had a right to investigate any death in the county.”

Langley questioned Duttry at length about 22 coroner reports submitted for payment by Fortner to the county finance office. On most reports someone other than Fortner made the death pronouncement and the cause of death was left blank.

On cross examination, Wolff pointed there is no legal requirement to fill out a coroner’s report. He also asked Duttry, “If he went out and viewed a body that is an investigation, right?

“If he talked to family members that is an investigation, right?

“If he took photos that is an investigation, right?

To each question Duttry responded, “Part of it but he never told me about doing any of those other things.”

“What evidence do you have he did not do any of those things,” he asked her.

“I don’t have evidence that he did or didn’t,” she said.

The trial will resume Thursday morning and could conclude by the afternoon.

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