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Keeping Secrets

They are employees who have committed crimes on the job, won their positions through political connections or have received big salaries and plum positions over the years.

They work, or worked, in state and local public jobs. Taxpayers paid their salaries, but they aren't entitled to know the details of these employees' hiring, compensation over the years, or performance. North Carolina's personnel law virtually shuts down that information.

On Sunday, The News & Observer began a three-part series, Keeping Secrets, that looks at the personnel law, what it hides and how its secrecy compares with other states. Day One looked at employees who behave badly, while Day Two looked at patronage and cronyism. The series includes a survey of state lawmakers on the issue, as well as comments from top legislative leaders. The series concludes Tuesday with a look at compensation and employment histories.

Feds want trial on Poole much sooner

Federal prosecutors say that a request for a trial delay by Ruffin Poole was made based on "three faulty premises" and that the trial should take place in April or May — not August, as Poole has sought.

The prosecutors also indicate they want to make decisions soon in a wide-ranging probe that surrounds former Gov. Mike Easley. They ask a judge to allow for any trial of Poole to be finished by June 4.

"It is in the public interest to conclude the prosecution of this defendant and the broader investigation as soon as practicable," they wrote in a new court filing.  

They said in the court filing that the charges against Poole arose from their broader investigation.

Poole, a longtime aide to Easley, is accused of 51 corruption charges related to allegations he invested in coastal real estate deals and took action to help them while he was a senior aide to the governor.

An attorney for Poole, in a filing last week, sought a delay by noting that the government has been preparing its case for about one year; that the volume of material gathered by the government requires extra time for Poole to prepare; and that Poole is outmanned by the government and so he deserves extra time.

Prosecutors disagreed. They said:

• The suggestion they have been investigating Poole for a year is "misleading."
They say the case against Poole came together in the August/September timeframe, indicating it was developed out of the larger probe surrounding Easley.
They say grand jury transcripts and other documents provided to Poole show that to be the case.

• Poole's defense team has been reviewing his criminal exposure since at least Sept. 2009.
They say a former FBI agent working for Poole began taking statements of potential trial witnesses in September, including in at least two cases interviewing witnesses before the federal government located the people.
They also point out that Poole avoided testifying at the state Board of Elections hearing in October, with Poole's lawyer involved in managing his potential criminal exposure.

• Poole's lawyer has "the advantage of the defendant's knowledge of how he arranged his financial dealings" and that knowledge should help him focus quickly on the most relevant records in mounting a defense.
They note that Poole's lawyer works for a major firm, Poyner Spruill, that touts its expertise, technological abilities and other abilities on its Web site.
They also say they and other agents have other duties and have not been focused on this case entirely.

The prosecutors also note that some of the charges against Poole deal with honest services fraud, an area of the law under review by the U.S. Supreme Court. But they say any action by the Supreme Court on that area is irrelevant because the evidence for those charges relates to others against Poole.

— J. Andrew Curliss

State prosecutor reviewing Easley matter

A state prosecutor said he started reviewing files on former Gov. Mike Easley this week that are part of a potential criminal case.

Rowan County District Attorney Bill Kenerly is handling the criminal referral that was made in October by the state Board of Elections. But Kenerly had been focused on a murder trial for much of the time since his office received the case.

That trial ended last week with a guilty verdict.

Now, Kenerly said, he has more time to start reviewing the Easley case. He received transcripts of the five-day elections hearing and has talked with investigators about the case.

The elections board referral was a broad one, asking that any crimes be investigated, but it includes an allegation that Easley and longtime friend McQueen Campbell were part of a scheme to use $11,077 in campaign money for making repairs at Easley's residence. Easley also accepted a $5,400 insurance check for the repairs, though Cambell had paid for them out of his pocket, testimony and records show.

Easley has denied wrongdoing.

Kenerly could not predict when he will begin to make decisions.

— J. Andrew Curliss

Poole trial set for April 26

A lawyer for Ruffin Poole said in court Wednesday he expects to mount a legal challenge to some or all of the 51 corruption charges leveled last month against his client, a former senior aide to former Gov. Mike Easley.

Poole has not commented on the federal allegations of extortion, bribery, fraud and money laundering related to taking gifts and money from a developer and his associates while taking action to help them.

Poole declined comment after U.S. District Court Judge Terrence W. Boyle set a trial date for April 26.

Prosecutors had sought a mid-May trial. Poole's lawyer wanted a mid-August trial.

But Boyle put the case on a faster track while adding that he was open to requests for delays as the case develops and the sides exchange information.

In setting an earlier trial date, Boyle said that it is important for Poole to clear his name or for the government to bring the case to a conclusion.

Boyle estimated a trial would take five to eight days.

Poole's lawyer, Joseph E. Zeszotarski of Raleigh, said in court and in a recent court filing that he is especially concerned about 12 charges brought against Poole under a broad federal fraud statute that requires officials to provide their "honest services." The U.S. Supreme Court is reviewing cases under that law, and the justices have indicated concern that it's too vague. A decision is expected by June.

Zeszotarski also said he needs to receive information from prosecutors and digest it before deciding what other charges to attempt to get dismissed. He said he intends to contest "some of the charges or all of the charges." He said the information is expected to be voluminous and a quick trial date would be unfair to Poole.

While the maneuvering points to a coming trial, experts say it is too soon to discern whether Poole will ultimately fight the charges before a jury - or if any kind of plea deal will be reached.

The judge set a timeline for prosecutors to turn over such information by Feb. 19.

— J. Andrew Curliss

Prosecutors want Poole trial "with dispatch"

The federal prosecutors pressing the case against Ruffin Poole, a former longtime aide to ex-Gov. Mike Easley, want a trial by mid-May on the 51 corruption charges leveled against the former governor's right-hand man.

In a filing, they say they want to "move the case to conclusion with dispatch." The prosecutors, Dennis Duffy and John Bruce, are predicting a two- or three-week trial, according to a court filing.

The prosecutors and Poole's lawyer met on Feb. 4 but could not agree on a timeframe for the trial.

Poole's lawyer, in a court filing, is arguing for a later date, saying the case is complex, has Constitutional questions and conflicts with his schedule on some other upcoming trials. Poole's lawyer, Joe Zeszotarski, is proposing a trial to begin in August.

A federal magistrate judge had set out a framework for the case last week, including setting a tentative trial date much earlier than both sides sought — in March.

But that framework was squashed on Monday by U.S. District Court Judge Terrence W. Boyle, who had presided over Poole's first appearance in court and said at the time he would consider the scheduling issues. Boyle issued an order to all magistrate judges Monday saying that he would preside over the Poole case.

Boyle has yet to act on any scheduling issues.

Poole's lawyer said in his filing that the case against Poole appears to rely "heavily on email evidence" and "voluminous financial documents" relating to money laundering, extortion and bribery charges against Poole.

He said that numerous federal agents have been involved and months of grand jury testimony obtained, and that going to trial in May on an "expedited" schedule would be unconstitutional.

He also said Poole intends to challenge the 12 honest services mail fraud charges, which arise from Poole not reporting gifts and other disclosures on state ethics forms.

The federal honest services statute is under review by the U.S. Supreme Court, and Poole argues that the situation should be resolved by June. Waiting on the Supreme Court to act would likely "streamline" the trial, he argues.

The Supreme Court seems likely to substantially change that law. Catch up on that issue here (preview of the arguments) and here (after the arguments were in).

Poole's lawyer also says he has three other matters now scheduled for trial or appellate arguments in late March, mid-May and late September.

— J. Andrew Curliss

The Ruffin Poole indictment

The 64-page indictment of the longtime aide to former Gov. Mike Easley outlines 51 corruption charges. Ruffin Poole did not immediately comment.

Read our reporting on the indictment here.

A breakdown of the charges is here.

The indictment also outlines and sheds more light on McQueen Campbell's actions.

The indictment does not accuse Easley of any wrongdoing, but says Poole was Easley's "go to guy."

A figure in the indictment, Lanny Wilson, has resigned two state posts.

 

Easley associate worked behind the scenes on cement plant

Lynn Bonner's report on the plans for a cement plant near Wilmington showed "John Merritt, a former top aide to then-Gov.
Mike Easley, worked for Titan behind the scenes, serving as a key
contact with state agencies before Titan announced that it had chosen
Castle Hayne and that the state and county would give the company money
to build there."

After he left office, Easley joined the McGuire Woods
law and lobbying firm where Merritt works.

Catch up on the story here.

Activists are fighting the plant, and they stay connected here.

Titan has its own site here about the issue.

The missing records: No answers

The panel of legal experts that tried to get to the bottom of the missing 2005 records of former Gov. Mike Easley's travels concluded there were "minor inconsistencies" in statements made by patrol Capt. Alan Melvin, but that no further action is necessary.

Here's a breakdown on the three public reports on the matter.

DA from Down East interviewed by feds

The district attorney over four counties Down East has been interviewed as part of the sprawling investigation surrounding former Gov. Mike Easley.

But Dewey Hudson, the top prosecutor for Duplin, Jones, Onslow and Sampson counties, won't talk about it.

Hudson declined to comment on any subject matters he has covered with federal authorities, other than to say it involves "quite a few folks that I know, and most people do know in Eastern North Carolina, particularly elected officials." He said he did not want to impede the federal probe by speaking about it. 

"I was interviewed by agents who are working on this probe of numerous officials out of Raleigh that you've been working on," Hudson told the News & Observer. He said he provided information completely and fully.

"I've cooperated," Hudson said.

Hudson, a Democrat and prosecutor for more than 30 years, also said revelations this year have prompted him to consider a run for the state Senate seat from his area.

"It's just because some of the things I've been reading in the paper; you know, I can't stand corruption," he said.

The seat he could seek is now held by Charlie Albertson, a Duplin County Democrat.

"I enjoy reading what you've been doing and, really, I appreciate what you've been doing," Hudson said. "One of the things I understand as a prosecutor .. is that letting the other side know all what is going on sort of could help them in the other camp. I don't feel like I could say any more."

How Easley helped the men who helped him

Our report on Sunday detailing a program that forced quicker decisions on environmental permits for developers shed new light on the controversies surrounding former Gov. Mike Easley.

Easley said in a speech several years ago that he created the program. And a longtime friend to Easley, builder Nick Garrett, says he and a partner, Lanny Wilson, were among those who had an audience with Easley to push for the program. Their push came while they were also giving campaign contributions, according to Garrett.

A transcript of a key exchange about the issue is included with the report (see it on the right side of the screen.)

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