By Samantha Swindler / Managing Editor

Though he’s funded more than $15,000 of his own campaign, State senatorial candidate Michael “Whitey” Adkins appears to owe quite a bit of money to businesses and landowners across the region.

Adkins has had at least 20 judgments against him in court, most stemming from bad checks and rent that was never paid. In August, the Salyersville Independent newspaper reported on a decade’s worth of breach of contract lawsuits and at least three evictions filed against the candidate, stating that the resulting judgments against him amounted to more than $185,000.

Adkins called the article a collection of “false allegations.”

“I do believe it’s obvious that The Salyersville Independent is campaigning for Robert Stivers,” he said.

Adkins says the lawsuits mentioned don’t tell the whole story, though he could not point out anything specifically false in the report, he said, because he didn’t have the article in front of him.

“The suits that have been filed, I’ve had counter-suits. I’ve sold my business for over $550,000, made restitution to every single one of them,” he said.

But later during the same interview, when asked again about the lawsuits filed against his former companies and himself, Adkins said, “I think most of them are resolved, I’m not really sure. Some of them are pertaining to my ex-wife that I’m not responsible for, she’s responsible for. I’ll probably have to look more into it, but it’s pertaining to, like I said, when you go through a divorce, you don’t have a friendly divorce.”

The lawsuits, however, mention Mr. Adkins as defendant, not his wife. Several businesses and individuals contacted by the Times-Tribune said they have never been paid money owed to them by Adkins or his businesses. Frederick & May Lumber in Morgan County claims Adkins still owes more than $21,600 to the company. Arlena Wells, from whom Adkins rented a home in West Liberty from 2001-03, claims he owes her $43,620 in unpaid rent, not including damages he allegedly made to the home by altering walls so he could sub-rent a portion of the house.

Adkins also later acknowledged that he had not paid approximately $1,500 due for a riding lawn mower purchased from J.A. Oldfield & Sons in Mize, Ky. In May 2008, a default judgement was issued in court against Adkins to pay $1,500 plus 12 percent interest per annum to the business. Adkins said he hasn’t paid the money because an employee who was not authorized to do so purchased the lawn mower, but the owner of Oldfield & Sons said the purchase had Adkins’ signature.

Dr. Randy Steele, who rented a Morgan County office space to Adkins in 2002, also told the Times-Tribune that he had never been paid. In May 2002, Steele filed paperwork to evict Adkins after he failed to pay rent for five months. Adkins did pay the total due after being taken to court, but by October had again fallen two months behind on the rent. That time, Adkins was evicted.

“He was not a very good tenant and left owing some money,” Steele said, adding that Adkins left all his office materials and furniture in the unit when he was evicted. “He seems like a nice guy... he just has a hard time keeping up with his commitments.”

In several of the judgments against Adkins and the companies he owned, his wages were ordered to be garnished. But Adkins’ then-wife Lynette would repeatedly state his wages from their company could not be garnished because he received “no pay this pay period.”

Adkins has at least three arrests in his past — but the majority of the cases have been dismissed and Adkins told the Times-Tribune, “I’ve never been convicted of anything other than speeding tickets.”

In June 2000, Adkins was arrested for two theft by deception charges, later dismissed after Adkins paid more than $800 due to Save A Lot grocery in Pulaski County. In July 2001, he was arrested for theft by deception after writing a bad $1,973.75 check to Lumber King in Mt. Vernon. That charge was also dismissed after Adkins made restitution and paid court costs.

In January 2008, Adkins was arrested in Montgomery County for speeding 26 mph or more over the limit, reckless driving, possessing a license when privileges are revoked and driving on a revoked license. The revoked license charges were dismissed after Adkins provided proof of his license, along with the reckless driving charge. He pleaded guilty to a lesser speeding charge of going 90 mph in a 70 mph zone.

Those weren’t the only criminal complaints against Adkins. In late May 2008, Adkins’ then-girlfriend Edna Rhea Fannin took out an emergency order of protection against him in Rowan County. In her complaint, Fannin stated that after she moved out, “He (Adkins) came on one occasion and told me he would blow my head off if he ever saw me with anyone else.” She alleged that he harassed her at work and made verbal threats, but the EPO was dismissed the following month.

When contacted by the Times-Tribune about the EPO, Fannin said, “I’d rather not say anything because it could cause me problems.”

Adkins said last month that he was consulting with his attorneys about the Salyersville article and a possible lawsuit for “defamation of character.”

Adkins, who says he is a hotel developer, told the Times-Tribune the lawsuits filed against him were not unusual for those in the construction business.

“Well, when you’re in construction, and anybody in construction, there’s things that, you get sued. That’s just in the construction field,” Adkins said. “You’re doing projects, you’re building buildings, you place liens when people don’t pay you and naturally you run into some financial difficulties. I’m here to tell you that... just in the construction field, you can check probably any contractor. Contractors get sued. Sometimes, you do have hard times. I’m not saying I didn’t have hard times. Everybody has hard times I feel like, and I feel like when you make things right, and people know that I have. [sic]”

Adkins defeated Pete M. Frye of Campton in May’s primary election to become the Democratic candidate for state senate in Kentucky’s 25th District. He will face the incumbent Republican, Sen. Robert Stivers of Manchester, in the upcoming November election. Stivers has served the 25th District for 12 years.

The fight for the 25th District — which includes Knox, Clay, Owsley, Lee, Wolfe, Morgan and Magoffin counties — may well turn nasty. Adkins claims Stivers’ record ought to be the one examined. He attacked the senator for representing an accused drug dealer in court as a defense attorney a few years ago.

“He represented the largest drug dealer in the history of Clay County, Jennings White,” Adkins said. “He tries to give money to UNITE, supposed to be fighting against drugs, and they you turn around and represent the largest drug dealer in the history of Clay County... It bothers me that our senator revolves himself around drug dealers, it’s questionable to me.”

Stivers said he withdrew from the defense about half-way through the case, in which White eventually pleaded guilty to eight years incarceration. Stivers’ father was ill at the time and has since passed away, and Stiver claims to have done no criminal defense work involving drug cases after a request from his dad.

Adkins also made vague claims about Stivers’ appearance at a crime scene in Manchester where Catherine Collins was found dead. The case was originally ruled a suicide, but it has not been closed by authorities.

“There’s court records to produce him (Stivers) being on a murder scene... And he’s not the county attorney, he’s not the commonwealth attorney and he’s sure not the coroner. He has no business at a murder scene, irregardless of the situation,” Adkins said.

Stivers said he was called after police arrived to provide legal advice to a man at the crime scene. Stivers did not represent the man in court, but said he advised him at the scene since the man’s attorney was out of town and Stivers’ home is near the crime scene.

As for his own brushes with the law, Adkins said his legal past shouldn’t be part of the campaign discussion.

“I’ve never been convicted of anything other than speeding tickets. So, I don’t understand why any newspaper would target me, newcomer to the race, never ran for public office,” Adkins said. “It’s pretty obvious what has happened, that usually when the momentum is in my favor and all of a sudden I become the victim, when my record should not even be looked at. I’ve never represented the people, he (Stivers) has represented the people. Look at his representation of the people, and I’ve not ever had the opportunity to represent the people. One thing I’ll say, I care about people, I’m very compassionate about people and the relationships with the people, and if I had an opportunity to serve, I think the people in the counties know and it’s a proven fact, I’m not going to be someone who just shows up when there’s a check to bring or when there’s a festival, or election time. I want them to know who I am, and they will.”

According to records from the Kentucky Registry of Election Finance, Adkins raised $14,897 in the primary, with all but $300 of it coming from loans or direct contributions from himself.

In the general election, Adkins filed that he received a total of $2,700 in contributions, with $1,000 coming from himself.

Tom Carmichael, spokesperson for the Kentucky Democratic Party, said the party had no contact with Adkins nor had it made any contributions to his campaign. Carmichael added the party “definitely” would not be giving to Adkins’ campaign.

LAWSUIT TIMELINE

July 1997 — Adkins, doing business as Rite Way Rentals, is sued by Cumberland Lumber Inc. in Pulaski Circuit Court for failing to pay for $7,993.03 in building materials purchased in the 1996 and 1997 calendar years. In May 1998, the case is dismissed with prejudice after Adkins pays what is due.

January 1998 — A default judgement is issued against Adkins, doing business as Rite Way Rentals Inc., in Laurel Circuit Court after he failed to pay $8,246.43 due to wholesale furniture supplier Fraenkel Company.

June 1998 — Adkins, his then-wife and Robert and Carol Cook are all sued by William and Betty Gallagher in Pulaski Circuit Court after failing to make payments in accordance to a land contract. The Gallaghers were seeking $46,636.39. In October 1999, a judge ordered that property owned by Adkins be sold at auction to pay back the Gallaghers. The Gallaghers received $55,707.12, which included interest and funds for auctioneers and appraisers.

July 1998 — Adkins is sued by Tucker Ready Mix Inc. in Pulaski County Circuit Court after he failed to pay for $5,042.19 in merchandise. Since Adkins filed no response, a default judgement was ordered for Adkins to pay the amount due plus 12 percent interest per annum. In November, Adkins’ then-wife claimed he was not a paid employee of Rite Way Rentals and could not have his wages garnished to pay the fine.

July 1998 — Adkins is also sued by Hardwock Block Co. in Pulaski District Court for failing to pay $420.96 for merchandise he received. In November 1998, Adkins was held in contempt for failing to pay the amount through a salary garnishment.

December 1998 — Adkins is sued in Pulaski County District Court by Kentucky Recovery Services, on behalf of Shag Carpet Co. Inc. A default judgement is ordered against Adkins for $1,958.52.

August 1999 — A lawsuit is filed against Adkins by Roy V. Garner, Jacob V. Garner, Betty Jo Garner, Billy Coner and Craig Garner in Pulaski Circuit Court. The plaintiffs claim that Adkins was paid to make improvements on property, but failed to pay some of his suppliers, resulting in liens against the plaintiffs’ property. Roughly half of the $45,614.54 owed was collected through the sale of some of Adkins’ property. The rest was ordered garnished from his wages, but his employer claimed he made no money during that time period.

October 1999 —  A default judgement is issued against Adkins in Pulaski District Court after he failed to pay $493 due to Lake Cumberland Health Care Inc.

February 2000 — MGM Collection Agency files suit against Adkins DBA MAC Construction after Adkins rented equipment from the London company and failed to pay the charges of $11,345.97 to Melco Equipment. His wages were garnished in December 2001, but his company and employer, Tri-County Mortgage, claimed he didn’t have any wages during that period. Melco Equipment, Inc. is no longer an active company.

June 1, 2000 — Adkins is arrested for two theft by deception charges in Pulaski County for allegedly giving two hot checks, each for $409.21, to Save A Lot in May 2000 from a closed account. The charge was dismissed later that month after Adkins paid the full amount due.

July 24, 2001 — An arrest warrant is issued for Adkins on charges of theft by deception over $300. He allegedly gave a hot check in 1999 for $1,973.75 for lumber from Lumber King in Mt. Vernon. The check came from MAC Construction in Somerset. The charge was dismissed in August 2001 after Adkins made restitution and paid court costs.

May 2002 — Landlord Randy Steele files a forcible detainer in Morgan County on May 8 because Adkins has failed to pay his $250 office space rent for the past five months. The case is dismissed May 21 when he pays in full.

October 2002 — Lanlord Randy Steele files a second detainer in October because Adkins has again failed to pay his rent, this time for two months. Adkins is evicted from the property but does not pay the outstanding rent. “He was not a very good tenant and left owing some money,” Steele said, adding that Adkins left all his office materials and furniture when he was evicted. “He seems like a nice guy... he just has a hard time keeping up with his commitments.”

November 2002 — Adkins is sued by Investigative Solutions & Consulting in Morgan District Court for failing to pay $2,563.64 for investigative services. The case is dismissed in February 2003 after Adkins pays the money.

January 2003 — An eviction notice is filed against Adkins in Morgan County by Arlena Wells and Len Gibson. Adkins was to pay $1,994 per month, failing to pay the owners from February 2001 through January 2003. A court judgement found that $43,620 was owed to them. Wells said she was never paid the rent, and that while he was in the home, Adkins altered it and sub-rented a portion of it.

August 2003 — Frederick & May Lumber sues Adkins, DBA Advance Co. Management, in Morgan Circuit Court, claiming Adkins charged $16,843.82 worth of merchandise on an account and failed to pay for it. According to Frederick & May employees, Adkins has not paid his debt, including interest, of $21,636.69. Gordon B. Long, a Salyersville attorney who represented Frederick & May, told the Salyersville Independent that Adkins has yet to reimburse his client.

December 2003 — Adkins is sued in Morgan County District Small Claims Court by Davco Steel of Danville after failing to pay his balance of $1,675.51 for materials used on a job in 2000. “He has been contacted numerous times and always promises to pay the balance and has not,” the plaintiff stated in the complaint. With interest, a default judgement ordered Adkins to pay $2,515.55. In September 2004, an order was filed to garnish Adkins’ account at Bank of the Mountains in West Liberty. The account was empty.

July 2004 — Nathaniel Whitt of Clearfield files a forcible detainer in Morgan County District Court to have Adkins evicted from a rental space in West Liberty after failing to pay three months worth of rent totaling $1,800.

December 2004 — Adkins is summoned to smalls claims court by J.A. Oldfield & Sons for failing to pay for a lawn mower that was purchased. A default judgement was made against Adkins to pay the $1,360.52 to the company, plus interest. Adkins says an employee who was not authorized to do so purchased the lawn mower, but the owner of Oldfield & Sons said the purchase had Adkins’ signature. In May 2008, a default judgement is issued against Adkins to pay $1,500 plus 12 percent interest per annum to J.A. Oldfield & Sons. The company has not been paid. The Salyersville Independent reported, “the Rt. 7 address Adkins gave as his place of residence belongs only to the burnt remnants of what appears to have been a barn.”

January 5, 2008 — Adkins is arrested in Montgomery County for speeding 26 mph or more over the limit, reckless driving, possessing a license when privileges are revoked and driving on a revoked license. The revoked license charges were dismissed after Adkins provides proof of his license. The reckless driving charge was also dismissed. He pleaded guilty to a lesser speeding charge of going 90 mph in a 70 mph zone.

May 2008 — An emergency order of protection is taken out against Adkins in Rowan County by Edna Rhea Fannin. In the EPO, Fannin writes that Adkins continually visited and called her after she asked him to stop. Fannin claims he said he would “blow (her) head off” if he caught her with another man, and came to her office, refusing to leave until she “hugged and kissed him.” Fannin writes that she said she would call security, and Adkins allegedly replied, “Go ahead, call them, just see what happens to you.” Fannin writes, “I asked him why he was threatening me and he said, ‘it isn’t a threat, it is a promise.’” She claims Adkins then called her home several times, and left a note that read “call me,” written on the back of one of his campaign cards. The complaint was later dropped. When contacted by the Times-Tribune, Fannin said she did not want to comment on the EPO and did not want to say anything that could “cause (her) problems.”

July 1, 2008 — A motion is filed for Lynette Adkins to get back child support of $4,845.65.