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FIRST ON 3: DA's appeal of StreetSafe injunction shows Judge Ola Lewis also involved

READ MORE: FIRST ON 3: DA's appeal of StreetSafe injunction shows Judge Ola Lewis also involved
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BRUNSWICK COUNTY, NC (WWAY) -- Below is a transcript of District Attorney Jon David's request submitted last week to the state court of appeals and a affidavit from Brunswick County Sheriff Chief Deputy Charles W. Miller.

CONNECTING THE DOTS: Jon David is a Republican. Judge Ola Lewis is also a Republican. Judge Jerry Jolly is a Democrat. Lewis was the judge that barred us from a recent Brunswick County Bar Association Meeting at the courthouse and placed a deputy at the door to keep us out. After that, the bar members released a statement of support in favor of Jolly.

PROCEDURAL HISTORY
On 15 April 2011, the Honorable Jerry A. Jolly, Chief District Court Judge of the Thirteenth Judicial District, issued a written Administrative Order (hereinafter "Order") that was subsequently served on Jon David, District Attorney for the Thirteenth Prosecutorial District and filed in the office of the Brunswick County Clerk of Superior Court. The Order was issued without prior notice to the District Attorney and without an opportunity for the District Attorney to be heard as to any facts at issue, as to the issue of concern, or as to the effect of the Order. A copy of the Order is attached. On April 18, 2011, Mr. David wrote a letter to Judge Jolly, which addressed many of the concerns raised in the Order. A copy of Mr. David's letter is attached.
FACTS
1. Douglas Darrell is a retired law enforcement officer.
2. Darrell worked as a law enforcement officer in New York and Florida and witnessed countless tragedies involving young people that were killed or seriously injured in traffic collisions.
3. Four years ago, Darrell founded the StreetSafe Driving Program, offered through a ~501(c) (3) nonprofit organization named S Solutions. The S Solutions StreetSafe Driving Program provides a hands-on driving program targeted at people 25 years of age and younger.
4. On February 16, 2010, Darrell donated $250 to Jon David's 2010 election campaign via credit card, using PayPal, by visiting Mr. David's campaign web site.
5. Darrell was contacted by Mr. David's Treasurer, Scott Hansberry, who told Darrell that the campaign committee was not permitted to receive a donation from a business.
6. Darrell's donation of $250 ($242.45 net after PayPal fees) was refunded by the campaign treasurer.
7. Darrell gave a personal check in the amount of $250 as a replacement.
8. Jon David was elected to the Office of District Attorney and took office on January 1, 2010.
9. The Elected Clerk of Court for Brunswick County, Jim MacCallum worked closely with District Attorney Jon David to institute changes for the efficient processing of traffic citations.
10. As a part of this process, District Attorney Jon David advised law enforcement to write their citations for 8:30 a.m. This time frame was one hour earlier than the regularly scheduled opening of court.
11. Velva Jenkins is the assistant vice president for economic and workforce development at Brunswick Community College (BCC).
12. Jenkins helped organize the proposed partnership between BCC and S Solutions.
13. The parties to that partnership were Brunswick Community College and S Solutions, a nonprofit entity.
14. StreetSafe US, Inc. is a for-profit corporation registered with the North Carolina Secretary of State. This entity was established for the purposes of facilitating the driving program in other states and was not a party to the proposed contract with Brunswick Community College. Douglas Darrell is not a principal in StreetSafe US, Inc.
15. Brunswick Community College was to be the provider of a number of different driving programs offered as a diversionary measure by the District Attorney's Office.
16. As of April 15, 2011, no contract had been signed between BCC and S Solutions for the implementation of the StreetSafe Driving Program.
17. As of April 15, 2011, no students were registered for the first StreetSafe class, which was scheduled for May 7, 2011.
18. On April 15, 2011, Jenkins received a phone call from Judge Ola Lewis, whose voice she recognized from their prior association.
19. Jenkins was placed on speakerphone with Judge ala Lewis, who was in the company of Judge Jerry Jolly. Judge Jolly asked the majority of the questions during the call.
20. Judge Jolly asked how money is collected for StreetSafe driving school.
21. Jenkins explained that BCC collects a fee of $120 and registers the student. The contract allows for that fee to be disbursed as a paYment of $100 to StreetSafe with the remaining $20 to BCC for administrative costs.
22. On April 21, 2011 Jenkins was interviewed by Investigator Richard White of the District Attorney's Office.
23. Deputy Charlie Miller is the Chief Deputy for the Brunswick County Sheriff's Office.
24. On April 15, 2011, between 11:30 a.m. and noon, Miller received a phone call from Judge ala Lewis. Miller was asked to go to her office and serve an Administrative Order.
25. At the time Miller received Judge Lewis's call, he was conducting a criminal investigation into a DWI traffic fatality. He was the ranking law enforcement official present on the scene in Ocean Isle Beach, where a woman was killed by a grossly impaired driver.
26. Miller informed Judge Lewis that he was busy with the fatality investigation, but that he would come to her chambers as soon as possible.
27. Miller asked Judge Lewis who the Administrative Order was to be served upon, and Judge Lewis stated that she did not want to tell Miller this information over the phone.
28. Miller drove to the Brunswick County Courthouse and went directly to Judge Lewis's chambers.
29. Judge Lewis gave Miller a copy of an Administrative Order signed by Judge Jolly.
30. At no time did Miller see or speak to Judge Jolly concerning the Administrative Order.
31. Judge Lewis instructed Miller to serve the Order on District Attorney Jon David and to bring a copy back to her.
32. Miller went to Mr. David's Office in an effort to serve the Order.
33. Miller served the Order, which had not yet been filed with the Clerk of Court, on District Attorney Jon David.
34. Miller took the original Order to the Clerk of Court, who filed it at 2:23 p.m. on April 15, 2011.

AFFIDAVIT FROM BRUNSWICK COUNTY SHERIFF CHIEF DEPUTY CHARLES MILLER:
AFFIDAVIT
STATE OF NORTH CAROLINA
COUNTY OF BRUNSWICK
This day Chief Deputy Charles W. Miller personally appeared before me, Brunswick County, North Carolina, and
after fIrst being duly sworn, stated:
On April 15, 2011, between 11:30 a.m. and noon, I received a phone call from Judge Ola Lewis asking me to come to her office to serve an Order. At the time I received Judge Lewis's call I was at the scene of a DWI traffic fatality. I was the ranking law enforcement official present on the scene in Ocean Isle Beach, where a woman was killed by a grossly impaired driver. I told Judge Lewis that I was busy with this fatality investigation, but that I would come to her chambers as soon as possible. I viewed the Judge's request as a priority and I made the decision to comply with her order and cease my duties related to the homicide investigation at that time. I asked Judge Lewis who the Administrative Order was to be served upon, and she stated that she did not want to tell me this information over the phone.

After driving to the Brunswick County Courthouse, I went directly to Judge Lewis's chambers. Judge Lewis gave me a copy of an Administrative Order signed by Judge Jolly. I was unclear why Judge Lewis was asking me to serve an Order written by another judge. At no time did I see or speak to Judge Jolly concerning this particular Administrative Order. During my entire career as a law enforcement officer, I have never previously been ordered to serve an Administrative Order on anyone, much less the district attorney.

Judge Lewis instructed me to serve the Order and bring it back to her chambers. I told Judge Lewis that a protocol was in place that required that I receive an Order with the Sheriffs Office and then take it to the Clerk's Office upon service for filing. However, I did tell Judge Lewis that she could have a copy of the delivered order. I went to Mr. David's Office in an effort to serve the Order. Mr. David had to be interrupted from a meeting when I arrived. I served the unfiled Order on District Attorney Jon David. Our interaction was brief and lasted no more than five minutes.

Upon walking out of the secured area of the district attorney's office I returned to Judge Lewis's office where she asked me what District Attorney David said upon being served. I responded "nothing." Judge Lewis's secretary "Cindy" had a copy of the Order in which I signed and dated exactly like the original. I told Judge Lewis I had to log this Order in like any other document and took it to the Sheriffs Office at that time. After receiving it at the Sheriffs Office I then took the original Order to the Clerk of Court, who filed it at 2:23 p.m. on April 15, 2011.

As the Chief Deputy of the Brunswick County Sheriff's Office, I am actively involved in administrative decisions affecting the workings of the criminal justice system. I was aware of the recent changes to the traffic court program that were instituted by District Attorney David and Jim MacCallum, our elected Clerk of Court. Indeed, Mr. David and Mr. MacCallum actively sought the input and cooperation of law enforcement prior to making these changes. I am of the opinion that these changes worked a dramatic improvement to the functioning of our courts and saved countless hours of officer time. Administrative traffic court is designed to ensure that officers spend less time in court and more time on our streets.

Judge Jolly did not seek the input of law enforcement when he made the unilateral decision to end administrative traffic court. Had he done so, I am confident in saying that he would have received strong opposition to this decision. Since Judge Jolly ended the program, there has been a tremendous amount of confusion over a number of matters pertaining to Traffic Court, including: the time that officers should put on their tickets, the dates that tickets should be set for, what traffic schools, if any, are permissible, and what time our deputies should "open court." On April 18, Sheriff Ingram and the Chiefs of Police for seven (7) municipalities in Brunswick County signed a petition asking Judge Jolly to rescind this Administrative Order.

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judges

JUDGE OLA LEWIS AND JUDGE JERRY JOLLY ROCK!!!!!! THEY ARE PROFESSIONAL IN UPHOLDING THEIR JOB AS OUR JUDGES..... KEEP UP THE GOOD WORK AND STAND YOUR GROUND....... THERE ARE ALOT OF PEOPLE OUT THERE THAT BELIEVE AND SUPPORT YOU BOTH....................

Well Said!

Spoken just like a professional defence attorney that has paid both for their favor. Pauline perhaps?

Since when has CM

Since when has CM investigated anything besides the buffet?

First he's a mad Democrat because he can not get elected as a county commissioner. He became a Republican to run for school board.

Next, a mad Republican when he can not get the Democratic nomination for Sheriff when RH was arrested. So, he gets his boy to jump ship from Columbus County and re-joins the Democratic party to support his new Democratic boss.

Whoops! Can not win the Sheriff's Department as Democrats and both join Republican party! Oh, so CLEVER they all are!

Oh, my! So much back and forth with absolutely NO CREDIBILITY!! So, who's the RINO now?

Investigate This WWAY

Might take some leg work but it's sure to show the fox in the hen house, so to speak.
Guest616 had a valid arguement in the rant.
How many attorneys that have been before these judges with criminal defendants have also contributed to their campaign? Seems like a VERY logical question and one that could be easily answered unless they were done as anonymous with the threshhold not being met for reporting.
How bout it WWAY. FIND THAT FOX!

Judge Lewis Campaign Finance

Take a peek at the NC Board of Elections 2000 and 2002 Campaign finance reports for Judge Ola. You will see almost every lawyer in her district contributed to her campaigns (including Butch Pope...the democrat running against Jon David).

Fact- They buy them

Fact- They buy them gifts(often fine gifts), share luxury homes with them in resort areas for vacations, pay for adventurous trips, etc... They make campaign contributions in undocumented ways. This is a FACT.

Fact- They buy gifts for

Fact- They buy gifts for them, share luxury homes in resort areas, pay for trips on different adventures......name it. There are quite a few ways that they make campaign contributions....undocumented ones. This is a FACT.

Court of Appeals in Raleigh upholds Jolly

All of these comments are being made about Judge Lewis and Judge Jolly and nasty politics. If all of this is NASTY POLITICS, then WHY did the Court of Appeals just deny Jon David's request? Is the Court of Appeals in Raleigh also part of the "good ole boy network" that has so often been referred to on this forum? Wake up people! Jon David is just flat out wrong in trying to tell a judge what to do. I doubt that any Court in the land is going to allow a District Attorney OR a Defense Attorney to tell a judge what and how to do things. If they did, it wouldn't be justice. Jolly is the Chief District Court Judge for Brunswick. Lewis the Superior Court Judge for Brunswick. You're daggone right she is going to uphold her Chief District Court Judge. That is exactly what she is required to do.

If any of you actually went

If any of you actually went to court and watched you would know that Ola Lewis is as dirty as they come. I watched her let a guy off and crack jokes about a little girl that was raped and give the DA's a very hard time because she has an obvious grudge against them. It ws obvious justice was not on her mind. Giving the DA's a hard time was her biggest concern. See since all this happened I have been interested in where my money is going and have been attending court at Random. John David won. Get over it.It's easy to tell in these comments that the judges themselves are posting comments. Ola Lewis isn't suppose to be on the judges side she's suppose to be on the criminal justice side meaning even if she saw another judge do something wrong, she should report it. Before you argue with me go to court and see for yourself. Sorry to all you POS's but John David is a fair and honest man and should be left alone to do his job which is to protect the public and see that justice is done. This means you.

judge lewis isnt the one

judge lewis isnt the one that made tht decision , it was the 12 in the box tht did that.. and their decision was based on the evidence presented by the DA tht was prosecuting tht case. may goodness the girl named her baby after the man who was accuse of rape.. wht do u think about that..... JUDGE LEWIS is very professional and sincere as a role as a Judge she follows the code of " judical conduct" by the book... She has done wonderful things for Brunswick Co.. Look at the Drug Court program , look at the many individuals tht have over come their sickness and families that are still together.. it is a awesome program come see for yourself on a drug court nightt and there is also mental health court.. that also has saved many individuals and families.. She is tough , but she cares !!!!!!! AND SHE DOES HER JOB WELL.....She would never pull a officer off a scene , and if he left that was on his on accord.. not judges lewis"s..... Charlie Miller needs to get his story straight and tell the truth ...... Judge Jolly made the right decision on wht he did... He is a Good Judge.... and a Honest judge too... JUDGE OLA LEWIS AND JUDGE JERRY JOLLY ROCK... KEEP UP THE GOOD AND HONEST PROFESSIONAL JUSTICE SYSTEM ......

Do his job!

I couldn't agree with you more about Jon David needing to get on with doing his job. He needs to quit whinning about traffic court and start prosecuting serious cases. All of this traffic court stuff is really so silly and a huge waste of time and dollars. He needs to prosecute the serious cases and try to accomplish some wins for the State of North Carolina.

Sailfish

Sailfish has it backwards - Judge had no right to exact political revenge and stop a proven and suuccessful law enforcement practice and to boot casually slander the District Attorney and never discuss the issue with him ahead of time. I am so deeply disappointed in Judge Lewis and see no reason for her to be so hands on with this issue unless it was merely to support the trial lawyers and the R.C. Soles et al machine.

Jay Nelson

Jay

Mr. Nelson traffic court is not a law enforcment practice, it was/is a program affiliated with the county court.

Daggone?? Yep, Brunswick

Daggone?? Yep, Brunswick County alright? Corruption-free? Not even close. FYI, DA David wasn't exactly telling the judge what to do. He is the DA. Becoming an attorney takes a certain level of intelligence and I'm pretty sure he understands his role and what he can and cannot do. It's an absolute joke to end traffic court. But, we are talking about Brunswick County, lol.

Sailfish - the court of

Sailfish - the court of appeals most likely denied David's request today to give Judge Jolly time to respond to David's accusations.

David requested two things - to be able to reinstate traffic court immediately, which was denied today, and then to overturn Judge Jolly's order permanently, which will be heard in June.

Just because the first request got denied doesn't mean the second one will too.

Scott Pickey
News Director

Defense of Jon David

This wreaks of pandering to the trial attorney's so they can continue to pad their pockets and tie up the court rooms. I am so very disappointed in Judge Ola Lewis's decision to be involved in going against our new District Attorney in his attempt to streamline a bogged down and antiquated system for taking care of infractions. By streamlining the current system it frees up valuable officer time to be where they are needed in the streets of their communities doing what their jurisdictions have hired them to do and that is to protect and to serve their towns and cities. During this current extreme economic downturn cities and towns all over the state are continually searching for ways to cut their budgets to reduce the burden to the taxpayer, by adding officer court time this works against the origianl intent of the District Attorney to eliminate excessive use of valuable resources via officer court time. I thought we were moving forward not back. All attorney's that have donated to the Judges campaigns mentioned; well, I think, the Judges should recuse themselves from hearing their cases.

Please stop pointing out how

Please stop pointing out how the tv station was "barred" from the County Bar Association meeting. The county bar association has NOTHING to do with the State bar and is a basically a lobbying and help association for attorneys. They are about as closely related as the Brunswick County Mustang Owners Association is to the DMV. It is completely private and not all Brunswick County attorneys are even members nor would they be invited to attend the regular meetings without being one. Why WOULD they want the press at their private club where complex legal topics and law practice management business issues are discussed?

Something to hide!

It is really a simple thing. They have a closed meeting because they do not want the public to know what they are doing. If they had nothing to hide and felt they were clearly in the right, they would welcome the press to report what they do. The fact is they did bar the press and therefore the public.

Perhaps the "County Bar

Perhaps the "County Bar Association" would like to reimburse the taxpayers for use of county buildings and employees.

And the Hits just keep on coming

The Brunswick County Bar Association is not likely to reimburse the taxpayers for the Deputy Security at the door or the room. No! They instead elected "Her Greatness" Ola to the Brunswick County Bar Association Hall of "Shame" oops Fame. And just in time so Her Greatness can attend the Brunswick County GOP Executive Board and announce her great achievement to a room of approving GOP RINOs. The room stood and applauded. Now after seeing her connection to Jolly; the GOP will see how stupid they have been in supporting Her Greatness.

She continues to Bully anyone who questions her. Ask another Republican Ed Rapp who she is sueing for telling the truth about her openly campaigning during the Primary. Her husband (Reggie) also threatened to sue another Republican at the 2010 Brunswick County Lincoln Day Dinner (right in front of Senator Burr and Tom Fetzer) for asking if it is legal for Ola (a standing Judge) to wear Rabon for Senate campaign button at this diner during the 2010 Primary. A class act move. Wonder what Burr was thinking.

Obviously, party affiliation in Brunswick County does not mean anything and is only a necessary evil to get elected. It is becoming clear that the "Good ole Boys" control both parties and we the voter are being duped as all our poltical candidates (Dems and Repubs) are being selected for us. I guess they never thought that Jon David would ever get elected.

Guest 2222 - That's the

Guest 2222 - That's the point! It was a private meeting in a public room within a public building to talk about a District Attorney and a Judge. If they had nothing to hide, why did they kick us out? If they didn't want us there they should have had it somewhere else.

In the meantime, Judge Ola Lewis used county tax-money to post a sheriff's deputy outside the room to keep us out.

Isn't that the definition of "barring"? To keep one out?

Scott Pickey
WWAY News Director

Wow - let me get this

Wow - let me get this straight - I'm driving down the road with 3-4 beer drinking buddies who just got out of jail for non-payment of child support. As we pass TownCreek Park, we notice the Pickey family is having a party for their 7 year old daughter in the small community building at the park. I mean what the hey, private party, in a public building, in a public park. Let's stop and enjoy the party along with the Pickey's, eat their food and hang-out with their kids, or do you suppose they would want us "Barred" If you didn't want us there, why not have the party somewhere else! Mr Pickey, can you tell me what law was broken by Judge Lewis or were your feelings just hurt?

I can't believe this comment

I have read comment's before . This one has to be the most stupidest comment that has ever been posted on line or ever spoken.
This is a prime example of the "blind leading the blind".

you are *allowed* to reserve

you are *allowed* to reserve public meeting space in public buildings for private use. This is done all of the time through the libraries, rec centers, etc. It does not mean that ALL of the public is invited or allowed to attend. Why SHOULDN'T they be able to have a private meeting among colleagues to discuss freely their personal feelings on an issue that directly affects their practice without having their comments aired publicly by the newstation? It's a complex issue and these attorneys have to work with this DA and the judges everyday. They are in a very difficult position.

If you use the library computer to send an email back to the station about a business issue with your employer there should the public be able to print it and read it or would it be private?

Not everything is a conspiracy.

I agree - and most of the

I agree - and most of the time the organization pays to reserve the room.

In this case, the bar association hasn't paid a nickle since they started meeting there back in the 90's.

You're absolutely right - there is no conspiracy - just misappropriation of taxpayer money and public places.

sp

Open meetings laws

These "news" folks need to familiarize themselves with the open meeting laws of North Carolina...there are private meetings in public buildings all over the region. Just because two or more people gather in a public building doesn't mean the news media has the right to attend the meeting. Pickney states, "most of the time the organization pays to reserve the room"....according to whom, specifically? Or is that simply an assumption without attribution? And how much taxpayer money was inappropriately wasted to host this meeting? Ola had no business calling a deputy off a murder investigation to serve paperwork...fact stated. Move on.

evryone knows

Anyone that has lived in Brunswick County for as long and I have knows that Lewis pulls all the strings and the Judges like Jolly are just her puppets...

I can't believe that a police officer leaves the site of a criminal investigation that has a fatality, (jumped) because Lewis calls to serve an Order... Aren't they suppose to serve and protect?? Serve who?? This type of bullying has got to stop Judge Lewis and stop NOW.. Good Ole Boy Rex is gone and it's time to clean house...

Who are you kidding to think

Who are you kidding to think the Chief Deputy of the BCSD was "investigating" a traffic fatality. Look up the warrants that are public record and you can see the charging agency was the State Highway Patrol. Chief Deputy Miller was on scene to see what was going on. Go back and review the news articles from this tragedy and I can GUARANTEE that all statements were issued by the Highway Patrol not from "the ranking law enforcement officer on the scene!" Furthermore there shouldn't be any "confusion" about what court date or time to put on tickets because it seems to me Judge Jolly's order was PRETTY clear on that. Concerning the comment about Judge Jolly being one of Judge Lewis' puppets is the damnest thing I have ever heard. Apparently you weren't here when Ola Lewis was just an ADA in Judge Jolly's District Court prosecuting traffic cases. BTW.. Thanks Scott for telling us the 2 things Jon David is asking for because after reading the entire transcript I never saw what he was requesting.

One more RINO!

Well Ola, you stepped in a wad this time. LEO's all over the county support the DA and "traffic court". Seems your support is for your friend Jolly, his good friends the trial attorneys and Jolly's supporters over in Columbus County. You certainly are a fine example of a RINO! Judge Lewis, is is a shame that two judges just could not get the facts right in the initial order either. Shame on you both!

RINO Judge

Maybe this will drive this RINO Judge (Ola) back to the liberal Democratic Party from which she came. Can't wait for Ola to work her political moves to get another RINO Brunswick County Lawyer (Pauline Hankins) appointed to a Judge position. Ola could not get Paula elected as Clerk of Court, so now her next strategy is to get this RINO appointed as a Judge. Just what we need in Brunswick County.