Judge dismisses Buie contempt case
RED SPRINGS — A judge has ruled that the Red Springs Police Department will not be held in criminal contempt of court over accusations that it withheld evidence from a commission looking into the innocence of a man accused in a 1983 killing, town officials said.
Town Attorney Neil Yarborough announced the court’s decision during Tuesday’s meeting of the Red Springs Board of Commissioners.
Yarborough said Wayne County Superior Court Judge Arnold O. Jones issued the order earlier in the day.
“I was pleased that he dismissed the matter,” Yarborough said. “It was what we were hoping for all along.”
Jones, who heard a motion to dismiss the case on May 15, had already ruled that Chief Ronnie Patterson and Capt. Kevin Locklear will not face criminal charges.
The North Carolina Innocence Inquiry Commission had accused the Red Springs Police Department of withholding evidence sought as part of an investigation into Leon Brown, one of two men who had been convicted in the murder and rape 11-year-old Sabrina Buie. That investigation ultimately led to Brown and Henry McCollum’s freedom in September, when a judge overturned the convictions against them after new DNA evidence was presented.
“RSPD’s failure to comply with the court orders impaired the commission’s ability to conduct a full and timely investigation. The commission relied upon the information provided by RSPD that RSPD did not have any files or evidence for the commission’s investigation,” the motion says.
But town officials have insisted that the department did nothing wrong.
“This is very, very positive,” Mayor John McNeill said. “Our attorney was shocked that all of this was even happening. After he took statements from our police officials, it was obvious that we did everything above and beyond.”
According to court documents, Capt. Locklear said he first got a telephone message in July 2010 from Sharon Stellato, associate director of the commission, seeking information about the evidence, but was unable to talk with commission officials.
Locklear has served as the evidence room custodian since April 2010. He was not on the police force when the evidence from the 1983 case was first stored at the department.
According to an April 29 motion by the commission requesting the order to show cause, Stellato made several attempts to reach either Locklear or Patterson by telephone throughout July 2010. Stellato mailed to Patterson a proposed motion to order that evidence be produced, asking him to respond with any comments or objections by Sept. 13, 2010, according to court documents.
In his sworn affidavit, Locklear said he received a court order in late August or early September of 2010.
“During this period of time, I reviewed our evidence inventory filing system and did not see anything relating to Leon Brown, Henry McCollum, Sabrina Buie,” according to Locklear’s affidavit. “I also reviewed our police records and found no records relating to Leon Brown, Henry McCollum, Sabrina Buie.”
According to the April 29 motion, Locklear on Nov. 11, 2010, notified Stellato that no files concerning the case were found at the Police Department.
Locklear said he did not recall any other contacts with anyone regarding the matter until the late summer of 2014. He said Stellato at that time gave him more details about the background of the case and informed him that Van Parker with the SBI was involved.
“Armed with this additional information, I then conducted an item by item search of our evidence room and after some time, I came across a box labeled Hold Authority Thomas Hicks Attorney General’s Office + Van Parker SBI 8-14-95,” Locklear said.
According to the affidavit, Locklear examined the box and determined that it might contain evidence related to the case and immediately contacted Stellato. According to the motion filed by the commission, the box had a file taped to it reading “Henry Lee McCollum Death Row Appeal. Buie Murder Case.”
“At no time did I willfully or intentionally disobey any order of the court,” Locklear said in his affidavit. “I do not know why my name is mentioned in the Show Cause Order against Red Springs Police Department.”
http://www.stpaulsreview.com/news/lo...-contempt-case
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