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Officer says agent OK'd search of federal computer

Friday, February 20, 2009
(Updated 3:11 pm)

GREENSBORO — A jury is deliberating the fate of a Greensboro police officer accused of illegally accessing a federal government computer that was on loan to another officer.

Detective Scott Sanders, who is suspended from the police department, could face anything from community service to a couple of months in prison if convicted. A conviction also would mean he could no longer serve in law enforcement in North Carolina.

The two sides have argued this week whether Sanders had permission to search the computer or even needed permission to conduct a search.

Sanders testified Thursday that a federal agent gave him “the green light” for the search. The agent had given the laptop computer to Greensboro officer Julius “Jay” Fulmore. The two were working together as part of a task force looking into drug dealing at property owned by the Department of Housing and Urban Development, according to testimony.

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 accessed Fulmore’s city-owned computer as part of that investigation.

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 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.

He said he asked permission from HUD Agent Mark R. Heinbach, whom Sanders and an SBI agent had interviewed for the Fulmore investigation.

Heinbach said he’d get back to him after speaking to his superiors, then gave permission during a phone call, Sanders testified.

He asked permission “more so as a courtesy,” Sanders testified. “You don’t want to step on any toes.”

Prosecutor Jim Coman, senior deputy attorney general, questioned why Sanders didn’t have written consent from HUD.

It’s not required, Sanders said. “I can’t tell you how many cases I’ve taken to state court with just verbal consent,” he said.

Besides, he got the OK when he called Heinbach. “It’s hard to get them to sign over the phone,” he said.

In closing arguments, Coman characterized Sanders as a “rogue cop” and questioned his dogged pursuit of Fulmore when other investigators determined that evidence against Fulmore didn’t hold up.

“As a law enforcement officer, all of us have the right to expect when he engages in an investigation that he will conduct it in a lawful manner,” Coman said.

Both sides argued the jury’s decision would hinge on Heinbach’s testimony.

Coman said that Heinbach had no reason to lie.

Defense attorney Seth Cohen argued that Heinbach had every reason to lie. That’s why his previous statements didn’t match testimony about what he told Sanders, Cohen said.

“He gave his buddy a federal computer. That’s what this is about,” Cohen said. “So he couldn’t ask his superiors about searching it.”

Cohen asked the judge to dismiss the charges in light of testimony Wednesday that other Greensboro officers accessed a state computer without seeking permission. They haven’t been charged with a crime.

The judge denied the request.

Cohen later told the jury to send a message to the city and community: It doesn’t matter if you’re an assistant police chief or a detective, you will be treated the same.

“You must fix it,” he said. “The evidence says he’s not guilty.”

Contact Jennifer Fernandez at 373-7064 or jennifer.fernandez@news-record.com 

Accompanying Photos

Photo Caption: Scott Sanders

Comments

This article has been closed to new comments. Comments are generally closed after 14 days. However, comments may be closed earlier at the discretion of the News & Record.

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Paul J

February 20, 2009 - 5:54 am EST

NOT GUILTY He is a cop they can do no wrong. At least that's what it appears.

MyTwoCents

February 20, 2009 - 8:34 am EST

Sure sounds like a witch hunt to me - also seems the wrong cop is being prosecuted here, while Fulmore skates.

Should be NOT GUILTY because he's NOT GUILTY!

Theo

February 21, 2009 - 8:24 pm EST

Yes, a witch hunt funded by the tax payers.

histrion

February 20, 2009 - 4:47 pm EST

I can think of several places taxpayer money could be better spent than prosecuting this kind of junk. Honestly, if you don't have a case, don't waste my dough by taking it to trial. This is the reason the police force becomes less and less diverse every year -- only the gung-ho, I-want-to-tote-a-gun guys who don't give a second's thought to having their rears dragged into court over bureaucratic nonsense will go in for this mess. No offense to the good folks of GPD -- most of them are there because they truly believe in protecting and bettering their community -- but we're on the wrong path.

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