NC SBI to probe blank court orders in Hamlet
| By J. Andrew Curliss, The News & Observer (Raleigh, N.C.) | |
| McClatchy-Tribune Information Services |
The agency's review will center on pre-signed, blank court orders that allowed police to dispose of the vehicles, said
"(T)he SBI will be opening an investigation," Talley wrote in an email message. She said the focus will be on: "Possible forgery and/or misuse of court orders related to seized vehicles."
A report in Sunday's News & Observer detailed controversy surrounding seized vehicles in
The issue led to the firing of the police chief and a detective last year and had prompted an SBI inquiry into whether they stole any money. State prosecutors recently said that probe determined criminal charges were not warranted.
The N&O's review included a focus on pre-signed, but mostly blank court orders that allowed a junk yard to buy the vehicles. At least 10 of the vehicles that were scrapped belonged to people who were not convicted of any wrongdoing, city officials say.
It appears that at least two separate pre-signed, blank court orders were used to dispose of at least seven vehicles, according to interviews and documents reviewed by The N&O. City officials said in interviews there may be a third blank order that was already provided to the SBI as part of its earlier inquiry.
The orders reviewed by The N&O do not list defendants' names, case numbers or other pertinent information.
Judicial experts say such blank orders are extremely unusual because judges typically issue court orders that contain specific facts and directives. Even if such an order exists, neither law enforcement officers nor anyone else should fill in the blanks, experts say.
The orders also treated the vehicles as evidence to be disposed of, which is more typical in situations where a vehicle was seized in a circumstance in which it was an important element of a crime.
The orders are signed by state District Court Judge
A manager at the scrap yard, Quality Salvage, said the salvage company purchased the vehicles on authority of the judge's orders. A
Talley, the SBI's spokeswoman, said Monday morning that the SBI's previous review of the Hamlet matter had been focused narrowly on "allegations of stolen money."
"The SBI and our special prosecutors would certainly be willing to look at additional information or issues upon request of the DA," Talley wrote in an email message.
By Monday afternoon,
Saunders, whose district includes
Saunders also has declined to discuss what he knew about the vehicle issue as it was occurring. Records show that Saunders was copied on a letter sent by one man in 2011 as he attempted to get his vehicle back after his traffic charges were dismissed. The man wrote that he'd been stopped and cited for having no insurance and an improper tag, which he says was not the case. His car was towed over his protest, he said.
Multiple statements to police in the past two months by owners of seized vehicles describe other failed attempts to get their cars back or the solicitation of
City officials say they have no storage policy or fee schedule and that vehicles should not have been taken by the city and stored, as they were, at an out-of-the-way spot.
City officials have been unsatisfied with the SBI's work on the case so far, and last week requested that federal authorities investigate possible violations of residents' rights. Attempts to reach
Adams-David said Monday that a majority of council members did not believe the SBI agent who conducted the previous review had pursued the case with vigor, and that officials would be concerned if the same agent returned.
"At the end of the day, everybody just wants to make sure that even in a bad situation that we do the right thing," she said. The city is preparing a process that will pay vehicle owners back.
She said the city welcomes any further scrutiny.
Curliss: 919-829-4840; Twitter: @acurliss
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