Rutherford County Jail…… Female Side Closed by Inspectors.

Posted on April 27, 2023 by Deborah Keller

April 27, 2023

It appears that inspectors have finally had enough of the conditions at the jail and closed the female side for multiple violations. All female prisoners should be removed and placed in other jails in the surrounding counties by Friday.

As I reported last month the conditions in the women’s side of the jail was inhumane and the rest of the facility was not a lot better. The age of the jail is such that parts are difficult to find for repairs for some items or the people making them are now out of business.

Sheriff Aaron Ellenburg inherited this sinking ship several months ago when he was sworn into office after being elected. It is almost impossible to raise a ship once it’s 98% under water but he is trying. Former Sheriff Chris Francis and the Commissioners apparently had let the jail sink to an unmanageable state before he ever took office.

This closure will cost the county quite a bit of money as we, (Rutherford County taxpayers) have to pay other facilities to house our female prisoners. This however is cheaper than what lawsuits would cost for violations of inmates constitutional rights or the death of an inmate from conditions at the jail. I myself became very ill after just touring the facility.

One of the issues at hand is also the fact that DA Ted Bell’s office has a tremendous backlog of cases. The right to a speedy trial does not seem to be applicable here. A lot of these cases are people jailed awaiting acceptance of a plea deal so that no actual trials have to take place. This makes the DA’s office look more successful in “winning” cases but backs up available jail space. According to public records one particular prisoner has been in the jail over 1800 days awaiting trial which looks like it has cost the county around $90k.

This is inexcusable. Sheriff Ellenburg says he wants to “do the right thing” in his position but doing the right thing costs money and the county does not seem to want to put money into the jail. The Sheriff was even seen mowing the grass at the jail himself this past week.

Sheriff Ellenburg has said publicly that he will not accept the issues of drugs being smuggled into the jail. Trustees leaving the facility to go outside is definitely a safety risk and viable avenue for drugs to be brought in, so not allowing them outside to cut grass makes sense. Also they use trustees to clean the offices at the jail, which allows them accessibility to anything (drugs or contraband) that might be left in an area by someone from outside.

The County needs to stop the practice of using prisoners for free labor. Having the freedom to go outside and into the offices after hours to clean the building is a severe safety risk. The phrase “we’ve always done it this way” is not going to fly anymore. We have employees and contractors that do this work for the county’s other departments so why not the jail?

Yes, the closure of the jail will cost the county money but it is the right thing to do until the county can get it fixed and up to code. If not then they need to explore the option of building a new one. I reached out to Sheriff Ellenburg for a statement about the closure and he said “We are looking at a new beginning for the Rutherford County Detention Center.” This definitely seems like a positive step in getting the jail fixed.

This is the United States of America and Rutherford County should not allow third world conditions for prisoners to exist here. This is an issue apparently caused by former Sheriff Chris Francis, the Commissioners, and current DA Ted Bell. Francis is gone but DA Bell can get his office in gear and get some of these people out of there. The Commissioners can also do what needs to be done to fix it or if not fixable build a new one.

The Commissioners need to stand beside Sheriff Ellenburg and “do the right thing” in fixing this problem instead of being forced to by inspectors. It affects all of us. We as a community are better than this. It is a time for new beginning. This verse in KJV bible seems to say it best. Matthew 25:40 – “And the King shall answer and say unto them, Verily I say unto you, Inasmuch as ye have done it unto one of the least of these my brethren, ye have done it unto me.”

DA Ted Bell And Accountability….We Are Watching

Posted on December 29, 2022 by Deborah Keller

12/28/22

Mr. Bell was reelected to DA again this past November by approximately 30 % of the vote. He had no opposition in the general election so it was a foregone conclusion that he would gain the office.

Now I will be the first to admit that I do not know Mr. Bell on a personal level. I have heard accounts of him being a very good father and person. I do not in any way dispute those accounts.

I do however know what a bad job he has done as District Attorney. One can be a good father and community member and still be bad at their job. This apparently seems to be the case with Mr. Bell.

We have an opportunity to see a new era in law enforcement in our county but will it really mean anything if Ted Bell agrees to release criminals and puts off trials for years? Will it mean anything if he continues to “cover up” for his friends?

If the same players keep breaking laws and being released back into the general population with no more than the inconvenience of being arrested and making bond then what have we gained?

Rutherford County’s new Sheriff Aaron Ellenburg is determined to change the way things have been done here in the past but can he do that if blocked by DA Bell?

D.A.T0000000000000ed Bell with Judge Randy Pool

Let us not forget that this is the man who put off trials for more than six years. The man who has yet to try the Matthew Fenner case against Word of Faith Fellowship members for almost 10 years. The man who told the public that his friend, former Judge Randy Pool, did not commit any criminal acts even though the State Bar said in writing that his behavior was criminal. Bell, the man who admitted in court that he altered a video in an officer shooting incident.

This man, DA Ted Bell has multiple bar complaints against him for his behaviors and a pending lawsuit. Removing him from office is out of our (the general public) hands now but if he loses his license to practice law then he must resign and let someone else be appointed.

It is time to hold those in office accountable for not only what they do but also what they don’t do. 2023 will be a year of accountability. The new Sheriff is trying to be transparent and reporting on activities in his department. Do not hinder his efforts by your silence Mr. Bell.

It is way past time for accountability. No more “cover ups”, no more hidden SBI reports, no more protection of “friends.” Do your job and be accountable to those of whom you serve.

Editorial: Blind Injustice

Posted on November 30, 2022 by Gayle Clayton, BS, MA

No judge or clerk of court ever accused, charged or convicted lawyers Krinn Evans or Andrew LaBreche before recusing to hear their cases. These elected court officials just refused to hear cases without explanation.

That is until listed in LaBreche’s law suit as their being upset as to RC Catalyst’s articles on the airport, drug smuggling, and officials’ protection of former Judge Randy Pool’s sexual exploitations- which neither Evans or LaBreche wrote.

After over a year of keeping my mouth shut, it seems imperative for me as the author to speak out now. While I prefer a private life there are legal reasons I have chosen to reveal that I had a stroke that affected my eyesight and memory. After essentially being functionally blinded for a time and struggling with word recognition software to perform my work, the Word of Faith Fellowship offered to pray for me.

My sight got better.

However, the stroke after effects made it extremely difficult for me to read and particularly edit. During this time, since I was writing about legal issues (I am not a lawyer) I asked two attorneys and two friends to review and edit my stories on the Van Buskirk and Judicial Council stories to ensure accuracy.

I have spent over ten years sitting in court, observing trials, asking lawyers questions and reviewing criminal court files. (Remember the 2016 Matthew Fenner cases that still remain untried!) While I understand a lot of what is going on in court proceedings, I rely on experts to ensure the truth gets out in print.

During my stroke recovery time, I was still collecting information about the RC Airport, local drug smuggling, former judge Randy Pool and actions by our local judicial officials to protect him.

Despite my history of being in the courtroom, collecting legal documentation, consulting local attorneys and writing trial and criminal stories, the courthouse rumor mill began speculation as to who had actually written those articles.

Now ghostwriting is not a crime and not the case here, rumors were fueled by a former friend who reported that attorneys Krinn Evans and Andrew LaBreche were behind the writing. (This friend later called me and demanded to be listed on the byline as co-author since she had reviewed an early draft.)

Shortly thereafter most of the judges and clerks of court recused from hearing cases by Evans and LaBreche.

This informant also described a small group of people (that she was once a part of) were planning on stalking the Judicial Council members’ homes to verify their meeting at a member’s home and she supposedly provided names and/or phone numbers of the supposed participants who were to drive by their houses to see if their cars were there.

One of the judges later alleged that a criminal investigation was conducted into this “stalking” matter. Unfounded rumors were circulated on Facebook and through courthouse gossip. However no member of that rumored “stalking” group was ever questioned.

Later it was found that a phone number of a participant had been misidentified as being Krinn Evans’ and eventually the recusals were withdrawn from Evans’ cases.

As a member of those “stalking” participants, I can verify that Krinn Evans had NOTHING to do with any conversations over the Judicial Council meeting.

Yet I am still waiting to see a public apology to Mr. Evans for the judges attempt to destroy Mr. Evans’ reputation and professional law firm.

As to Mr. LaBreche, he has filed a lawsuit which was initially denied by the court and is now being appealed in order to have his recusals removed here.

LaBreche’s lawsuit also states:

an overly broad search warrant was signed by Judge Tommy Davis to seize electronic communication of a bondsman that contained privileged lawyer-client information with LaBreche
law enforcement was informed of this legally protected lawyer-client, but the info was read and widely distributed
the Judicial Council was violating public meeting laws
his Constitutional rights were violated.

Meanwhile, who is watching these justices who accused, judged, and convicted two attorneys without even informing them of the reason for their recusals?

Ted Bell…….No Choice, No Change!

Posted on October 23, 2022 by Deborah Keller

**Opinion**

10-23-22

On May 17, 2022 this county along with McDowell County essentially voted to re-elect Ted Bell for DA for four more years. This was in spite of all the things he has and has not done during his tenure.

D.A. Bell (often referred to by some at the courthouse as the “Invisible Man” since he so rarely tries cases himself) is running unopposed for his office….again. Only thirteen percent (13%) of this county voted him in to represent us in the Republican primary.

This is a man who in case you have forgotten has:

Altered body cam video in a major death by officer case (verified in court), not charged any officer in that case, not released the official SBI report concerning this case or any other case involving the Sheriff’s office.
Who let his friend Judge Pool off the hook for sexual misconduct on the bench. Yet persecuted a woman for eight (8) months for a social media post against a candidate accusing them of “calling” her, then dropping the case on the day of the hearing.
Who has as of yet to try the Word of Faith Fellowship cases after over 6 years, but tried a littering case right away against an attorney who complained about him.
Who also refuses to show families the body cam video from questionable cases about the death of their loved ones until made to by a court order.
Who reportedly has had numerous complaints made about him to the NC Bar Association.
Who lied about his political endorsements while campaigning knowingly endangering the positions of multiple law enforcement officials for violation of the Hatch Act.
Who rarely tries cases in court preferring to have his staff do the majority of the work.
Who is involved in a lawsuit for conspiracy and denial of constitutional rights along with several judges against a local attorney.

Unfortunately we have no choice in this matter. He will win this office even if he only receives one vote. So where does that leave us, the people whom he refuses to represent? We must be diligent in watching and reporting what Ted Bell does and does not do in the next four years. Reporting him to the bar when it is applicable.

When you vote DO NOT MARK your ballot for him. Leave it blank. Show the sentiment of NO CONFIDENCE by not voting for him. Let him see the numbers of how many did not vote for him. You do have a choice by not marking the ballot on any individual who is unopposed if you disagree with their politics.

Hopefully the Bar will act against him the way they did the DA in Henderson County and remove him from office and allow another DA to be appointed. We deserve a DA with integrity, and one who will be transparent and actually represent all the people of this community.

At the very least he could resign and go into private practice but either way he is here now and we have to deal with it as best we can. Stay alert, stay vigilant, and do not allow him to comfortably feel he can continue to act as he has in the past.

Mr. Bell we are watching! The things you have done and not done will NOT be forgotten. Be aware that Karma comes for all, even you.

Claude Keever Receives Plea Deal for Multiple Sex Offenses Against Children

Posted on October 16, 2022 by Deborah Keller

**Opinion**

10-16-2022

Original articles concerning this case.

”WLOS: Feb. 1, 2021: On July 20, 2020, the Rutherford County Sheriff’s Office received a report alleging that Claude Linden Keever had committed the offense of taking Indecent Liberties with a Child, NCGS§ 14-202.1, a felony crime. Upon receipt of this report, the Rutherford County Criminal Investigation Division contacted the North Carolina State Bureau of Investigation (NCSBI) and requested they join the investigation that same day. Though not all felony crimes initiate a partnership with the NC SBI, the Captain of the Rutherford County Sheriff’s Office Criminal Investigation Division, Jamie Keever, is related to Claude Linden Keever.

Through the joint investigation of the initial report that was received on July 20, it was discovered that Claude Linden Keever had taken, or attempted to take, indecent liberties with at least three additional persons. These individuals were juveniles at the time that the acts occurred, however, they are now adults.

On October 12, 2020, the Rutherford County Sheriff’s Office, in conjunction with the NCSBI, secured warrants for the arrest of Claude Linden Keever. He was charged with four counts of taking Indecent Liberties with a Child and one count of attempting to take Indecent Liberties with a Child. Claude Linden Keever was arrested and a secured bond of $240,000.00 was set. He will have his first appearance in the Court of Rutherford County on Tuesday, October 13, 2020.”

“A Rutherfordton man has been arrested and charged with multiple sex offenses against minors from as far back as the 1980s.

Claude Linden Keever, 85, has been charged with multiple sex offenses against minors that occurred from the 1980s to the present in both Polk and Rutherford Counties in North Carolina.

In Polk County, Keever is charged with 2 counts of felony indecent liberties with a child and one count of first-degree statutory sex offense. His next court date in Polk County is scheduled for Monday, Feb. 22, 2021.”

Polk County Sheriff’s Office Release

January 14, 2021 ·

Arrest and Request For Information

“Claude Linden Keever, 85, of Rutherfordton, NC has been charged with multiple sex offenses against minors that occurred from the 1980’s to the present. Keever currently faces felony charges in both Polk and Rutherford Counties in North Carolina.

This matter is an ongoing investigation involving the Rutherford County Sheriff’s Office, the Polk County Sheriff’s Office, and the NC State Bureau of Investigation (NC SBI). Anyone with any information pertaining to Keever and the investigations is asked to come forward to speak with investigators. Due to the sensitive nature of these types of investigations no further information can be released at this time.”

On Thursday Oct 12, 2022 Claude Keever finally had his hearing for indecent liberties with a child. He had six (6) counts against him in this particular case. DA Ted Bell offered him a plea deal to plead guilty to three (3) charges with sentencing at the discretion of the court. Sentencing was 12-15 months for each charge to run concurrent to each other with credit for 84 days already served. As of now it looks like he will serve nine (9) months and then will be released without supervision per Judge Tommy Davis.

This case has been before DA Ted Bell since 2020. He has put it off, continued it and otherwise let this predator free to roam among children that he could victimize without any supervision. A “no contact with children” order was issued as a condition of his bond but predators such as this often find ways around those.

This man has been sexually abusing children we are told since 1980. No one but him really knows how long this has gone on. People told others, people in charge knew, yet he was shielded from prosecution.

Why is the question that most people ask? No one wants to believe that these predators live among us. They are often people who have “standing” in the community and are respected by most. There is always an explanation for anything that might come up and of course all the children involved are always making “stories” up for attention.

People actually feel sorry for the predator as he portrays himself as the victim to others. People often say “Oh he is such a good husband and father, such a good man in the community, he can’t possibly be connected with abuse.” You see well-respected people on social media congratulating him on things like a great hole in one at a local golf course. Unknowingly linking their approval of him to his victims.

As a victim you feel hopeless. No one listens, no one believes and worst of all no one does anything about it. I know, as I was a victim of such a man. Not Keever but someone like him. Someone I had no protection from. When I finally came forward his family and friends did not believe me. He was protected by his other friends/family in law enforcement much like it appears Keever was.

I realize as an adult it is horrendous to think someone you know could do such a thing. So horrendous that you turn away from it, but the victims cannot turn away. It is their world. It is a wound that will always ache deep within them. It is an almost unforgivable sin that forever alters their lives and the lives of those who love them.

This man Claude Keever has been committing these sins against children for over forty plus years and has been shielded and protected by very powerful people who I am sure had their own reasons for doing so. Some are family and some are friends but all were complacent in allowing these things to continue.

A very wise person once told me that on Judgment Day everyone had to answer for the sin of omission when they stood by and did nothing while someone abused a child. There are a lot of people who will be surprised on Judgment Day when the subject of Claude Keever comes up and they have to answer for all the many who were affected by the things they turned a blind eye to. DA Ted Bell in particular as he was directly responsible for allowing this man to continue to prey on children. I cannot fathom how he could allow such abuse to continue for so long on his watch.

The abusers like to say “well maybe it was just this one time, or maybe they drank too much and they were just not themselves”but this is far darker and deeper than that. This behavior is never cured. It is not brought on by alcohol or circumstance. It is a deep sickness that lurks in their heart and mind forever. There is no rehabilitation for these type of monsters. If not incarcerated they need to be watched every second of the day if around children. There have been many examples where child predators say they always have the desire to have sex with children they just fear the consequences too much so they try to abstain.

The victims of this man have been crying out for justice for over forty plus years but nothing was done until someone finally had enough guts and power to push the authorities to finally charge him. It is beyond tragic. He has his plea deal now and will serve how ever much time as the authorities see fit of his sentence. He is 87 years old but make no mistake he is still a threat to children as long as he breathes outside of incarceration.

Is this justice for his victims? No, but at least it is a start to their process of acceptance and healing.

We expect our DA to protect us from the criminals not shield them from justice like he did his friend former Judge Randy Poole. How many others he has turned a blind eye to or just continued their cases for more than six years? Why would he do these things……Why????

Claude Keever will eventually die and it would be nice to say the evil within him will die then too but unfortunately he has spread his evil and effected so many that it will continue to live for years and years. The effects of this are generational. Again, I know. It is not a fraternity you want to belong to, believe me.

I am writing strongly about this because I feel strongly about it. It goes on all too frequently in our society. Even the former Sheriff of Polk County Chris Abel was guilty of it (see link) and was protected for years by his friends and co-workers. He ALSO took a plea deal (for NO jail time) when it finally went to court, supported by his deputies in the courtroom. Heartbreaking…..

We as a society have to do better by our children. We have to be more aware and alert. We have to listen and investigate no matter who the accused is. Our law enforcement must do better, have better training and learn to recognize the signs, and there is no excuse for any D.A. to delay by the time these cases get to him/her.

Say a prayer (if so inclined) for the victims of Claude Keever and for the victims of all who have been preyed upon by this type of evil. Hopefully they can come to terms with their trauma and accept it as a part of their life they cannot change and move on from it.

There is no justice when it comes to these acts. You cannot restore innocence and faith in a child so damaged. A sin committed against someone that has no restitution is considered one of the gravest things one can do. Anyone who knowingly protects these people is just as guilty.

Claude Keever, only YOU know how many child victims you have truly traumatized. Judgment Day is coming for you soon. Actions have consequences and yours will be dire for sure.

Plea in Officer Assault/Shooting Incident August 2021

Posted on October 13, 2022 by Press Release

On Thursday, October 13, 2022, a Forest City man, Akeil Kelis Omar Franklin, who was charged with shooting Senior Police Officer Hill and firing upon two other Forest City Police Officers in August of 2021, had a hearing in Rutherford County Superior Court.

During the hearing with Superior Court Judge T. Davis, Franklin accepted a plea agreement extended by District Attorney Bell’s office. As required by the plea agreement Franklin plead guilty to three (3) counts of Attempted First Degree Murder, one (1) count of First-Degree Burglary, and Assault on a Law Enforcement Officer with a Deadly Weapon. Following the acceptance of the plea agreement Franklin received a 300-384 month active or 25–32-year active sentence in the custody of the North Carolina Department of Corrections.

While there are far too many law enforcement partners who responded in August 2021 to assist in the apprehension of Franklin, the Forest City Police Department would again like to extend our deepest gratitude to all who came to assist. Without the many partnerships at the local, state, and federal levels this investigation may have taken much longer to complete.

Additionally, the members of the Forest City Police Department would like to thank the community for the outpouring of support in the days, weeks, and months following this incident. While it is our hope that these types of incidents do not occur, we hope that today’s court hearing can bring closure to both the officers involved in this incident and the community.

“Do Unto Others…” or “What Goes Around Comes Around”….RC Politics 2022 Commentary Updated 10-13-22

Posted on October 10, 2022 by Deborah Keller

**Opinion**

UPDATE: 10-13-22

I still have not heard back from Polk County Sheriff’s office concerning the training and certifications request but did receive an email from Isothermal Community College confirming that Tony Roberson DID complete and pass his BLET on 10-09-1996 there. I will update with the other information if it is made available.

10-10-22

Well it seems we have another twist in the Tony Roberson for Sheriff social media saga. (Glad I am never running for a political office again….)

To put this in perspective last Jan. a social media post was made on FB about Tony Roberson, RC Sheriff Candidate that made disparaging remarks about his past behavior. A FB post to Roberson’s wife’s account stated “for Mr. Roberson’s wife to ask her husband how faithful he had been because she knew he had messaged her while in Rutherfordton 2012-2013”. It went on to say that “others are saying he was drunk and all over them at Copper Penny, and he was not faithful or loyal and why would he give 2 shakes about the common folk. He was dirty and you just don’t see it.”

Candidate Roberson took great offense at these remarks made to his wife and had Leslie Lewis charged and arrested for cyberstalking. He said she was malicious, vile, and libelous in her remarks. A magistrate actually allowed the charges and D.A. Ted Bell’s office spent eight (8) months pursuing them.

Most of us that saw this play out on Facebook were shocked when they actually charged her, much less arrested her for this Facebook post. The general thought at the time was it must have really upset his wife for him to take it that far. It did make you wonder after the Copper Penny incident he was involved in. (see video here)

In that incident Roberson accused a fellow candidate of “setting him up” even though that candidate was out of town when the incident occurred. (See article here) It just got worse however for Ms. Lewis.

At age 39 she had never been arrested and now she had to obtain an attorney for these charges. She stated “I’ve done nothing wrong. This is my First Amendment right. If a man will have you arrested for speaking out against him what will he do in the office of Sheriff?”

This process of the lawsuit took eight months. There were continuances and a judge recused herself and then the out of town judge they got to come in actually worked at the Polk County DA’s office when Roberson was employed as a deputy there. Ms. Lewis spent thousands of dollars in legal fees and missed work because of this then with just minutes before the trial was to finally start the prosecutors abruptly dropped the case.

Politics gets ugly at times and this seems to be an example of that as well as total misuse of the office and legal system by DA Ted Bell whom Ms. Lewis said lied to her to get her to stop talking negatively about him. (Well, with his past behaviors…no surprise there)

Roberson said “they (the prosecution) were leery about the evidence they could present so he told them to drop it and that he had more important things on his plate.” Ms. Lewis is still talking about pursuing a civil action after the election against Roberson to recoup her losses on this suit.

Now that brings us to last week. I wrote an article about all three candidates running for Sheriff listing their qualifications and length of service. (see article) Candidate Roberson seemed to take offense at the article, which outlined his dates of service with Polk County. He was so upset that he decided to post a Facebook video about it. This is where the story takes another strange turn.

In the video he never mentions my name yet he goes on and on about attorney Andrew LaBreche being the author of this article about him. He then went on a tirade against RC Deputy Brandon Ellenburg for being an “informant”against his fellow officers. He claimed several times to have proof that LaBreche had written my article.

After seeing this I posted another article with all the documents that I had obtained from Polk County concerning his length of service. (see article here) I had asked Polk County Sheriff’s Office for a copy of his BLET certification dates and training/certification records but none have been produced as of yet. (Why they would want to withhold that information I don’t know.)

Mr. LaBreche took great offense at being erroneously signaled out as writing articles about Roberson as he had told him earlier that he did not want to be involved in his “politics” on this campaign. (Roberson implied plagiarism by me in that video but hey I just backed it up with another article containing the documents from Polk County)

When Mr. LaBreche sent a FB message to Roberson about this incident saying if it continued he would seek legal action against him. Roberson replied to him with “Go F*#k Yourself.” Then Roberson put up LaBreche’s private message to him on Facebook but omitted his reply.

Social Media was abuzz with this, with Roberson supporters saying he should sue LaBreche (no mention of for what??) and that LaBreche would never sue him. That was not to be the case however.

Candidate Roberson was served with the lawsuit from LaBreche on Thursday evening. I guess that was better than what happened to Ms. Lewis as at least he was not arrested and taken to jail as Robertson had done to her.

You can’t help but wonder about Karma in this situation. My grandmother always used to say to me “Do unto others as you would have them do unto you” and my Mom would say, “What goes around comes around.” In this case it seems that Tony Roberson is coming full circle on both these counts. We will continue to cover this with updates as they happen.

RC Politics 2022 …..Not a dull moment in the house folks!

David and Goliath…….Rutherford County Courthouse 2022

Posted on October 5, 2022 by Deborah Keller

**Opinion**

10-04-22

I went to court this week to watch a case being heard that a local attorney had put forward against several judges, a lawyer and the District Attorney (D.A.). It is a case that has been two years in the making.

I was curious, as this appears to be a classic David and Goliath situation. One young lawyer who went against a judge who was committing sexual offenses in office triggered the “good ole boy” network to come out in force. These judges and the DA knew about their colleague’s misconduct yet they turned a blind eye and let it continue. Once this attorney brought it to light the judge in question resigned.

The offending judge’s colleagues, however, could not let this behavior pass. How dare someone question one of their own? It could not be allowed to continue. They as a group decided to put him out of business according to statements made by witnesses. It appeared no one should dare question a judge’s behavior.

The judges started recusing from hearing his cases. They accused him of writing articles in RC Catalyst about them, yet NO one has presented an article with his name on it. He does admit that he consulted on some of the articles written. Since he was the attorney in question about the Judge Pool case of course he was consulted about the articles concerning the judge. He knew all the details and RC Catalyst wanted to make sure we were correct in their presentation.

Supposedly “a friend” of his who decided to work with the judges, DA, and the other private attorney in this matter showed them emails where he discussed the articles. Yes he was assisting with the technical verbiage of our articles, but so do doctors, engineers, and other professionals when we needed specific guidance on presenting the information in an article.

Did he actually write them….NO. The recusals were all based on this erroneous allegation of him writing articles about them. The defendants also recused from another attorney who was not involved in this at all, based off an incorrect phone number they had obtained. They had to remove his recusals.

They presented this refusal to hear cases in several ways assisted by the District Attorney. Cases were continued multiple times. They did not inform the attorney or his clients that their case would be continued so they continued to have to get off work and show up to court only to be sent home. If they did not show up they were charged with nonappearance even though their case was continued.

One case in particular that was mentioned in the court case was a person who had a DUI whose case had thirteen (13) continuances. (Shameful on the courts part here….)

This recusal matter effectively was shutting his practice down, as people knew his cases were not being heard. The judges and the DA knew this would work in time.

The judges arranged this in a way that it seemed the attorney had no legal recourse. Suing judges is just unheard of. It never occurred to these people in these high positions that anyone would have the audacity to question them and their behaviors.

It did not help that his former “friend” was on a personal social media vendetta against him. She was constantly putting innuendo out about him, his family members, and his motives as an attorney. She admitted on Facebook to working closely with the DA and others in this effort.

All this was being done in a concentrated effort to discredit him not only as an attorney, but also as a person. The “powers that be” wanted him to not only stop investigating them but to go away and disappear. If you are from here then you know the far-reaching powers of the “good ole boy” network. It has been used here for over a hundred years and God help you if you were on the wrong side of them.

Times are changing, however, and people are not tolerating the absolute power and protection these people are afforded. The little people, the unheard, the unprotected are beginning to speak up.

So David went up against Goliath this week in court. The presiding judge was from Mecklenburg County. One humorous note was when the private attorney being sued who was representing himself asked to be compensated for his legal fees to pay himself in this case. Even the judge rolled his eyes at that statement.

The defendant also admitted to receiving confidential attorney/client information on a thumb drive from a deputy sheriff in a hallway on a case in process for a completely unrelated matter because the attorney being sued was mentioned in it. The exact wording in court stated that the deputy said “I got something you would be interested in” when he gave it to him.

It seems they took someone’s cell phone they arrested and made a flash drive of all the conversations with his attorney and distributed them to unauthorized persons. (No conspiracy here…)

The judges, DA, and attorney involved asked for the case to be dismissed. The judges and the DA had someone from the Attorney General’s office in Raleigh representing them. She did everything she could to discredit the young attorney who was representing himself. She leveled insults and innuendoes about his practice and his person.

The young attorney stood his ground against the giants in the room. He calmly explained his claim in court to the presiding judge while not responding to the taunts of the AG office representative. The DA sat alone in the very back of the courtroom watching quietly.

After hearing from both sides the judge took the case and told them all he hoped to have a decision later in the week. The DA looked visibly stunned that it was not thrown out immediately. He left quickly once the judge made his statement.

No one knows how this will play out but regardless of the ruling it will most likely go to the appeals court. Just the very act that someone would finally sue the people of the “good ole boy” network itself for committing conspiracy and denying someone their constitutional rights is hopefully the beginning of the end of their protection and abuse of power. Maybe….

An update will be posted when the judge’s ruling comes in. Regardless this is quite a case and will not be forgotten.

Just like the song says, “The times they are a changing.”

Former LEO Jamie Dunn Loses Appeal for Assault On A Restrained Prisoner

Posted on September 21, 2022 by Deborah Keller

9-21-22

Rutherfordton- What a day in the courthouse in Rutherfordton! This almost sounds like the set up for a Lifetime movie.

The Main Players:

Jamie Dunn, a former Sheriff’s deputy who was fired for assaulting a restrained prisoner in the jail, who now is associated with Independent Sheriff candidate Tony Robinson to be his Chief Deputy if elected.

Attorney Greg Newman was representing Jamie Dunn. Mr. Newman has been approved to work in Asheville and Buncombe County as a defense attorney for indigent clients.

He is the former disgraced district attorney that Superior Court Judge Robert C. Ervin issued his order against on April 27, 2021 permanently removing the top criminal prosecutor for Henderson, Polk and Transylvania counties from his elected office, finding Newman engaged in “willful misconduct in office” and “conduct prejudicial to the administration of justice which brings the office into disrepute,” under N.C. General Statute 7A-66. Only the 3^rd removal of a D.A. in NC history.

The judge hearing the case was Judge Gould who was asked to hear this case.

The ADA for this trial was Lacey Beam. She graduated from Charlotte School of Law and this is her first job as an attorney.

Assault victim Christian Eugene Hardin originally said in the first trial that on October 2020 several Sheriff’s deputies responded to a call involving domestic violence at his residence. From the time the officers arrived until he was placed in the jail, Hardin described two incidents where several deputies allegedly assaulted him.

First, during the arrest, Hardin claimed that several officers pulled him out of the police vehicle due to his behavior and physically assaulted him by, among other things, slamming his head on the ground, and engaging in an altercation that left his ribs broken and wrists in pain.

Second, after being restrained in the jail, Hardin stated, “this rage went through me. I started cussing at [Dunn], being very disrespectful.” Although Hardin claimed that he could not remember any specific comments directed toward Dunn, he stated that Dunn suddenly struck him once on the right side of the face. (See video of incident below)

Mr. Hardin now says he has no memory of the event and personally did not want to press charges against Mr. Dunn but since he was in custody when the assault happened Sheriff Chris Francis did it.

SBI Agent Matthew Davis who did not show up to testify at this trial but was instrumental in the first one. During Agent Davis’ testimony in the first trial, he explained that there was considerable delay before the District Attorney requested that the SBI investigate. As a result, Hardin was not interviewed until approximately ten (10) days after the incident.

Once Agent Davis began his investigation, he explained that he reviewed video footage for the entire incident, including what occurred during the arrest and in the jail. Dunn’s counsel asked whether Agent Davis had uncovered any additional misconduct in reviewing the video footage or otherwise. Agent Davis responded that he had discovered no additional wrongdoing. In fact, Agent Davis stated that he had not even interviewed the other officers that allegedly assaulted Hardin and broken his ribs.

When Dunn’s counsel asked why Davis had neither spoken with the other officers that Hardin claims assaulted him or looked at other possible incidents of misconduct, Davis testified that he was to look only at any potential wrongdoing “in the jail” and that he was specifically instructed “not to stray away from that.”

Now that you know the main players and have some background. This is how the trial went. This was a juried trial heard in Superior Court on September 20,2022 in Rutherford County.

It appeared to be a slam-dunk for the state since they had actual video of the incident. Officers stated on the stand that that Dunn had a history of control issues and had been disciplined in the past. (sticks and stone may break my bones but words will never hurt me….remember that one?)

Dunn said that he had just suffered the loss of his mother but felt he had to go in that day “for his guys.” He said the victim made multiple remarks towards him and finally got explicit about his daughter. He then said he snapped and hit him. Mr. Dunn talked about his service and that he was a good officer. He implied that there might have been other reasons that he was fired because of this incident as no other officers were charged for the other assaults. (Mr. Dunn was supporting Tony Roberson who at that time was going to be running against Sheriff Chris Francis before he withdrew from the race)

ADA Beam asked one question of Mr. Dunn after his testimony. That question was “Was the defendant restrained when you struck him?” Mr. Dunn answered yes and she said no further questions.

In closing arguments Mr. Newman started instructing the jury on the issue of intent stating that intent meant you had to have ill will with intention to hurt the other person. The judge interrupted him at this point and took him back to chambers as he was totally misrepresenting the law. The judge then returned from chambers and instructed the jury that Mr. Newman was WRONG in his explanation of the law.

ADA Beam said Mr. Dunn was in area he was not supposed to be in and it was his decision to exchange insults, touch him then hit him.

The jury deliberated a very short time and returned with a guilty verdict against Mr. Dunn.

So many questions about this case still are circling around and we may never know the complete truth but you have got to admit, it is quite the story.

State Board Opens Public Comment Period on Proposed Campaign Finance Rules

Posted on August 16, 2022 by Press Release

Raleigh, NC
Aug 15, 2022
The State Board of Elections invites public comment on proposed campaign finance rules addressing processes for North Carolina political committees or referendum committees that fail to file a campaign finance disclosure report by the statutory deadline.

The public comment period is open and runs through Friday, October 14.

Comments may be made through any of the following methods:

Online: Public comment portal
Email: rulemaking.sboe@ncsbe.gov
Mail: Attn: Rulemaking Coordinator; P.O. Box 27255, Raleigh, NC 27611-7255
A virtual public hearing will be held at 1 p.m. Monday, September 19, 2022.

How to join the public hearing:

Online: Webex
By Phone: 1-415-655-0003, Enter Code: 2434 089 2268#
After the public comment period and public hearing, the State Board will adopt final versions of the rules, and the Rules Review Commission will then review them for compliance with the requirements in Chapter 150B.

The rulemaking notice is posted at Rulemaking.

Read the text of each rule.

See below for a brief explanation of each proposed rule:

08 NCAC 21 .0206: Proposed Rule 08 NCAC 21 .0206 defines the process by which a candidate or treasurer may request a good cause waiver of a civil late penalty assessed by the State Board under G.S. § 163-278.34.

08 NCAC 21 .0207: Proposed Rule 08 NCAC 21 .0207 outlines the notices to be provided and the opportunity to submit a written explanation prior to the State Board imposing additional civil remedies under G.S. § 163-278.34(c) for a failing to file a given report.

08 NCAC 21 .0201: As part of these proposed changes, the State Board is proposing to amend Rule 08 NCAC 21 .0201 to delete language in paragraph (b), elements of which will be modified and incorporated in Rule 08 NCAC 21 .0207.