Rome resident and businessman Mark Swanson got some good news last week about his upcoming trial. Superior Court Judge Kay Ann King recused herself. She was replaced by Floyd County Superior Court Judge Jack Neidrach, but he recused himself after just a day.
King and Neidrach join a host of others who have recused themselves from Swanson’s case. This includes Judges Billy Sparks and Brian Johnson, District Attorney Leigh Patterson, and all of Floyd County’s assistant district attorneys.
Swanson was arrested Jan. 10, 2023, after he tried to speak at a Floyd County Commissioner’s meeting but his story runs much deeper than that. It started after he began investigating the 2020 election and found numerous illegal aspects regarding how the election was conducted in Floyd County.
“I started finding things and the lack of response from the county officials and the county law firm, I felt I was in Los Angeles or New York or Philadelphia,” Swanson said. “I was getting just getting completely stonewalled with serious election issues from the documentation they were giving me.”
He said it surprised him that those serving in Floyd County’s highest offices, all Republicans serving in a highly conservative county, wouldn’t listen to his concerns.
“Wouldn’t address them, wouldn’t listen to them, wouldn’t acknowledge them,” Swanson said.
Those discoveries led him to concerns about the law firm representing Floyd County. McRae, Smith, Peek Harman & Monroe has a contract to represent the county. It was a vote on renewing the law firm’s contract that brought him to the commissioner’s meeting that night.
Some news outlets may portrayed the story of his arrest as one where he spontaneously erupted, causing a disturbance at the meeting, but Swanson said that isn’t what happened.
Swanson was well known to the commissioners. He had been speaking during meeting numerous times about what his election investigation revealed and reading items into the record. He talked to commissioners individually about his concerns. Swanson dealt with the county attorney, Virginia Harman, many times in submitting open information requests.
Before this particular meeting, Swanson asked for 15 minutes to speak rather than the standard three minutes. He was told it would be discussed and brought up for a vote. Swanson went to the caucus meeting held prior to the meeting. No one acknowledged him and no one brought up his request for more time. He also noticed several law enforcement officers standing around and suspected something was up.
The commissioner’s adjourned into an executive session. Executive sessions are private meetings where the public and press are barred. They are allowed for only specific things including litigation and employee actions.
His request for 15 minutes to speak was never brought up for a vote. Swanson said it was announced instead at the beginning of the meeting, going against parliamentary rules and Floyd County Commission policy.
Swanson was arrested by law enforcement as he tried to speak beyond his three minutes. They took him out in the hall, patted him down, but never told him his charge. He wouldn’t find that out until he signed his bail receipt three hours later.
“They put me up against the wall, handcuffed me, and started removing my personal items out, I started asking, what law did I break, tell me what are my charges, why am I being arrested. My only assumption was I exceeded some time limit but I didn’t think that was an arrestable offense,” he said. “But they wouldn’t respond. They wouldn’t tell me.”
Swanson encountered strange questions at the jail when deputies booking him asked him specifics about his employer and how to reach them, including his boss’ name, the address of the company, and the phone number.
They treated Swanson like a criminal already convicted of a major crime, he said.
“I felt pretty clear at this point that the county commissioners were sending me a clear message and that was don’t mess with them. And I felt they were trying to inflect maximum possible punishment on me to discourage me and make me go away,” Swanson said.
Jailers made Swanson take off his suit and dress shoes and wear jail clothes and crocs. He was placed in a general population cell with two rows of benches and a bathroom in the back.
The jail was nearly empty but that did little to ease Swanson’s fears as he was left in a general population cell that could fit 30 people. He said individual cells were empty and he could have been placed there.
“I felt immediately that the reason they were going to do that is they were going to make sure two of their worst offenders were going to come in there and give me a message,” Swanson said. So all knew to do is either be consumed by the fear or just pray.”
He said he discovered the charge against him was disrupting a public meeting. Yet, that isn’t why he is on trial.
As it turns out, the code Swanson was cited with OCGA 16-11-34 was ruled unconstitutional by the Georgia Supreme Court. The ruling voided the law where you can’t be cited with disrupting a public meeting while exercising your free speech. Yet, the law remains on the books. It also remains on Swanson’s record, even though it isn’t part of the trial.
The charge Swanson now faces is obstruction, which was tacked on by Floyd County District Attorney Leigh Patterson. Patterson, ironically a former classmate of Swanson’s, has since recused herself from the case.
Swanson was indicted by a Floyd County grand jury on the obstruction charge in Nov. 22, 2024. He said neither he nor his attorney were informed the grand jury would be hearing a case against him. No one from the county called either Swanson or his attorney to tell them of the indictment. Swanson’s attorney was told in a pre-trial meeting by an attorney representing the county in a federal lawsuit Swanson filed regarding his arrest.
Swanson filed a federal civil rights lawsuit October 25, 2024 against Floyd County and others. To read that lawsuit, click here. Swanson’s lawsuit on hold pending the outcome of the trial. Swanson said he believes the obstruction charge was a way to get the lawsuit dismissed because a guilty verdict would end the lawsuit.
No trial date has been set. A recent calendar call was held but Judge King, who presided over the calendar, call told both side to “be ready at any time.”
Swanson believes the grand jury process is compromised. A grand juror serving in an August 2024 grand jury where Swanson was being considered for the Floyd County Board of Equalization approached him in a parking lot after Swanson met with them. That grand juror told Swanson that Patterson informed them at the beginning of the grand jury meeting that she expected 100 percent indictments and that they voted on indictments without any evidence present.
Just how bad does Swanson think Floyd County been corrupted? More to come tomorrow.
Click on this Rumble channel after 6 pm Tues for more of the interview and more details of Swanson’s case. He also has a Facebook page for more information.
Melody Dareing is a freelance writer for publications in the U.S., Canada, the UK, and Germany. She is a former news director of Adelphia Channel 4 and WBHF Radio.