Convicted felon asks judge to step down from her eviction case


Phyllis Peterson, 47, of Canton, asked Cherokee County Superior Court Judge David Cannon to recuse himself from the civil case in which he is being asked to evict Peterson.

Peterson, who has a lengthy criminal history for writing bad checks, deposit account fraud, escape and more, claimed the foreclosure of 602 Talmadge Lane was improper in part because her late husband had paid off the mortgage before his death in 2009.

Meanwhile, SPT Real Estate, of Illinois, which purchased the foreclosed home in 2012, has asked the judge to evict Peterson and order her to pay rent until she is removed from the home.

Neighbors in the Governor's Preserve community told CBS46 News reporter Jeff Chirico that Peterson's neglect of her home and frequent police activity have lowered their property values.

After CBS46 reported on the case, a half dozen people contacted Judge Cannon's office via phone and Facebook to request that he evict Peterson.

In light of the ex parte communication, Peterson's attorney, Marvin Arrington, asked Cannon to recuse himself from the case. Cannon refused. Another judge has been appointed to decide whether Cannon should step down from the case.

"They're basically trying to intimidate the court. No one should be able to intimidate the court and put the court in an awkward position," said Arrington.

Meanwhile, CBS46 News has learned of new accusations against Peterson.

"I went out of my way for her," said John Freeman of Precision Motorcars, who showed Chirico a bounced check for $1,600 that he said Peterson wrote in 2006 for repairs to her Mercedes.

Freeman said Peterson recently brought another vehicle in for repairs which currently sits on his lot. Freeman said he told Peterson, who he believes forgot about the unpaid bill, that she can take the vehicle once she pays the $300 he incurred in diagnosing the problem.

"It's just principle now. It's just doing what's right and she hasn't," said Freeman.

The owner of a pool repair company told Chirico that Peterson gave him a bad check in March to cover the cost of repairs to her backyard pool.

Copyright 2014 WGCL-TV (Meredith Corporation). All rights reserved.


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