The N&R reports tonight that the trial is concluding, and the jury has begun deliberating. Unfortunately, the reporting thus far does not shed useful light on some of the critical aspects of what the law and city policy say specifically regarding computer searches. One hopes and expects these issues were made plainly obvious to the jurors.
Scott Sanders and the HUD official, Mark Heinbach, disagreed as to whether proper authorization had been granted for the search of Julius Fulmore's computer; but John Hammer has reported the HUD agent has changed his story, thereby diminishing his credibility.
In any case, there was an interesting snippet from tonight's N&R article:
Fulmore came under investigation by the State Bureau of Investigation after an informant alleged that he was working with a known drug dealer, according to testimony. Sanders testified that he was assigned to help, and as part of that investigation accessed Fulmoreās city-owned desk computer.
Sanders testified that he found on that work computer an e-mail from an escort service that included a link to a Web site with naked photos of a woman. Earlier in the week, Fulmore testified that he was, unfairly in his opinion, administratively reprimanded for that e-mail.
Sanders testified that because of e-mails found on the city computer and the criminal investigation he wanted to search the HUD computer.
Hammer adds:
Situations like this that don't make any sense are almost always political, and this is extremely political. The North Carolina attorney general is elected. City Manager Mitch Johnson is supported by the Simkins PAC, which is an extremely powerful organization in the Democratic Party.
Coman, who is prosecuting this case, is the man Attorney General Roy Cooper sent to Durham to untangle the Duke lacrosse scandal mess. He is the most well known prosecutor in the Attorney General's Office and the former head of the SBI. In other words, the attorney general sent his top prosecutor to Greensboro to try a Greensboro police detective for what is barely more than a misdemeanor.
Yep, so far that sounds like justice in North Carolina.
Hey, Mr. Coman, if you're reading Joe's blog (and we know you are) and you lose this case, this particular public servant (just call me Ms. Scooter) has MULTIPLE SLAM-DUNK FELONIES down here in Asheboro - the prosecution of which might just polish Law & Order Roy's reputation.
That would be, of course, ONLY if he can pull his head out of the very important Cone-connected ass of whoever he is servicing in Randolph County.
Posted by: Dr. Mary Johnson | February 20, 2009 at 07:51 AM
Mary, the closing summations are interesting. Coman calls Sanders a "rogue cop", which I think is very unfortunate; and Sanders' attorney suggests that the HUD official inappropriately gave his "buddy" Fulmore a federal computer. The implication was that this is why he could not obtain permission from his supervisors to allow the computer to be searched.
Posted by: Joe Guarino | February 20, 2009 at 08:47 AM
From the reports I'm hearing (in the cheap seats of the blogosphere) there certainly seems to be a whole lot of very reasonable doubt.
Posted by: Dr. Mary Johnson | February 20, 2009 at 09:12 AM
Indeed, Mary. We will see what the jury thinks. I hope, as I mentioned in the post, they have somehow been given greater clarity regarding what the law exactly is.
Posted by: Joe Guarino | February 20, 2009 at 09:41 AM
Looks like they need to go after the HUD guy. He is the one handing out government property and trying to cover his tracks when he is found out.
Posted by: Delow24 | February 20, 2009 at 10:15 AM
I am also concerned with how far reaching the SimkinsMelvin mafia actually is in NC. I hope they aren't able to spread their agenda to the whole state. That would be a travesty when you see how Greensboro and Guilford County are suffering.
Posted by: Delow24 | February 20, 2009 at 10:20 AM
Certainly, Delow, the Melderec con Simkins forces have a lot of pull around here. And I think we can presume they have some degree of influence with politicians running for statewide office. What is unclear, however, is how much influence they have over the jury that is now in deliberations.
Posted by: Joe Guarino | February 20, 2009 at 10:28 AM
Joe, I read where officers Hastings and Steed also had accessed government computers and there were no charges against them, which is a complete double standard.
From all I've read about Fulmore, he is a real sleazebag and he should be the one out of work and on trial. This trial is a farce. Hopefully, Sanders will get the verdict he is looking for.
Posted by: jc | February 20, 2009 at 10:30 AM
I hope so also, jc.
And you are right about the failure to bring charges against the other GPD officers who accessed a government computer without proper authorization. This is part of an overall theme with respect to the GPD fiasco. Some officers are granted the benefit of the doubt, and are extended grace. Those are the folks on the right team.
Some other officers, however, are not extended grace or the benefit of the doubt. They are on the wrong team.
Posted by: Joe Guarino | February 20, 2009 at 11:13 AM
Damn Joe. You had to go and use that dirty word.
"Team". As in team-player.
Posted by: Dr. Mary Johnson | February 20, 2009 at 01:03 PM
Mary, Sam posts on his blog that the jury is hung, but the consensus is not guilty.
I am told verbally by someone else that the initial jury vote was 11-1 not guilty. I cannot confirm that, however.
Posted by: Joe Guarino | February 20, 2009 at 02:09 PM
Confirmed. All votes have been 11-1, and the story is that all were 11 Not Guilty.
Posted by: Spag | February 20, 2009 at 02:22 PM
Great news!
What a waste of taxpayer money!
Posted by: jc | February 20, 2009 at 02:28 PM
Just recieved word from a friend who is attending the trial, the jury decided on a verdict, NOT GUILTY!
Posted by: Steph | February 20, 2009 at 03:02 PM
Thanks for wasting more taxpayer money Mitch! I say we get on with the rest of this. Lets start with James Hinson then Fulmore, then Brian James!
Posted by: lugnut | February 20, 2009 at 03:26 PM
NOT GUILTY and Coman has dropped all charges against TomFox and Scott Sanders- N&R
Posted by: wayne | February 20, 2009 at 03:37 PM
Thanks, Steph and Wayne, for passing along the news.
Posted by: Joe Guarino | February 20, 2009 at 04:49 PM
The silence at JR's blog is deafening.
Posted by: wayne | February 20, 2009 at 06:21 PM
What can JR say? He and LA have smeared many good men in the GPD and they can now walk away and say "we've done nothing wrong, we just report the facts." They don't have to answer to anyone. No apologies. Nothing. They're jokers masquerading as journalist. They deserve all the criticism thats hurled their way. They should both be embarassed for their actions in this sorry saga.
Posted by: jc | February 21, 2009 at 09:26 AM
jc, Wayne, you may have noticed that Sanders' acquittal was given front page placement this morning. That is good. But it does not compare with some of the more dramatic, bold, banner headlines we have seen in the past highlighting the alleged problems that Wray and his men had caused.
And a much larger banner headline above today's story about Sanders features a mushy "analysis" piece on the economy. At one time, we were told that the front page would primarily be for local news.
It would be good if this entire matter triggers some introspection and accountability at the N&R and at WFMY. It is ironic that, with all of the cutbacks and downsizing we have seen, some of the worst perpetrators of agenda-driven news still retain their positions.
I will be looking forward to the paper's editorial on this development, and what it means in the larger picture of our local political and media environment. They really need to get it right.
Posted by: Joe Guarino | February 21, 2009 at 10:37 AM