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FERRIER FILES: Mayor Barry's affair and the money

(Fox 17 News)

The biggest question surrounding Nashville Mayor Megan Barry's affair--did mayor Barry commit a crime during this affair.

It is an easy question to ask, but a tough questions to answer. Public record shows that Sgt. Forrest's overtime doubled after working for Mayor Barry.

Mayor Barry also went on nine trips alone with Sgt. Forrest. When the pair traveled alone, there was a pattern of extending trips with no official business.

Examples

For a Tuesday conference in San Francisco, Mayor Barry and Sgt. Forrest flew in Sunday. They spent all day Monday with no official business.

In Kansas City, the trip was extended a full day and night with no official business. In Greece, when the conference was over, Mayor Barry and Sgt. Forrest again extended their stay.

“I think if someone spends an extra day, I don't think that rises to a level of crime," Jim Todd. "She needs to write a check back to the government, but I don't think it would rise to the level of a crime."

Jim Todd is a former Davidson County prosecutor. He's now a defense attorney and said so far nothing Mayor Barry and her bodyguard have done appears to rise the level of a felony. Todd said official misconduct usually involves someone breaking the law while acting in their capacity as an elected official.

“To rise to the level of the crime, the official has to be acting as a public servant when I do the act," Todd said. "Say I am fixing a ticket as a judge or I am a councilman who buys land and then proposes improvements to that area...That is official misconduct, and I don’t think this rises to that level."

The Tennessee Bureau of Investigation is investigating if any laws were broken by Nashville Mayor Megan Barry, her former head of security, and/or "others."

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