GREENSBORO - A jury's not-guilty verdict Friday paves the way for two suspended Greensboro police officers to return to duty next week.
The jury acquitted Detective Scott Sanders of illegally accessing a government computer, prompting the prosecutor to drop separate, remaining charges against Sanders and Sgt. William "Tom" Fox.
The charges stemmed from a 10-month SBI inquiry originally initiated by allegations of racial discrimination and officer misconduct more than three years ago. The allegations and inquiry cast a pall over the Greensboro Police Department, which went through an upheaval in its administrative staff, including the departure of former chief David Wray in early 2006.
Superior Court Judge Forrest Donald Bridges told jurors they took on a difficult task to create closure in this matter.
"You have done something this entire community has been unable to do in the past few years," he said.
Sanders said afterward he was ecstatic with the decision and is looking forward to returning to work.
He won't have to wait long.
Sanders was still at the courthouse receiving congratulations and giving interviews about an hour after the verdict when Councilwoman Mary Rakestraw told him to report to work Monday morning. He thanked Rakestraw, who delivered the news after a brief call with City Attorney Terry Wood.
Wood said the police chief and the city's human resources department will have to discuss what to do about back pay for the time Sanders was suspended. He went on unpaid suspension in September 2007 after the criminal charges were filed, which is standard procedure.
Fox also is invited back to work on administrative duty Monday, Rakestraw said.
More than 30 people followed the trial each day. The group consisted of friends, family, community members, City Council members, and current and retired law enforcement officers.
Someone from the audience yelled, "Oh yes!" when jurors, after getting stuck on a 11-1 vote for more than eight hours during two days of deliberation, came back with a not-guilty verdict Friday afternoon.
Throughout that long wait, Sanders said he wondered, "Is justice going to be served?"
On Friday morning, Bridges asked jurors where they stood. When the foreman said they remained at 11-1, Bridges sent them back to continue discussions.
"Each of you has a duty to consult with each other with a view toward eventually trying to reach a unanimous agreement," Bridges told jurors.
He also cautioned them not to change their minds just to reach a unanimous verdict. Carefully weigh the evidence, make sure you can articulate your point of view, and make a decision, he said.
Jury foreman John Irvin said later that the holdout juror, whom he declined to identify, had concerns about the issue of "willfulness" in the charge. Jurors were asked to decide if Sanders both "willfully" and "without authorization" accessed the computer.
The juror felt Sanders was a smart man and knew what he was doing was wrong, Irvin said.
Sanders testified Thursday that he had permission from his superiors to search the computer as part of a criminal investigation into a fellow officer. The computer was on loan to the officer from the Department of Housing and Urban Development.
He also said HUD agent Mark R. Heinbach gave him the "green light" over the phone.
The state didn't prove that Sanders didn't have authority to access the computer, Irvin said.
"We felt there were a whole lot of reasons that Sanders would have believed that what he was doing was authorized," Irvin said.
And jurors did not find Heinbach, the state's main witness, to be credible, he said.
"We just feel the state didn't address the issues," he said.
The state put forward its best case, said Jim Coman, senior deputy attorney general. He added that it wouldn't have been appropriate to go forward with the other charges against Sanders and Fox in light of the jury's decision and in the "interest of justice" and "letting this community heal."
Rakestraw agreed that the city needs to move on.
"Let's see if this can't heal our city somewhat," she said.
The jury's verdict ended the criminal cases, but several civil lawsuits remain.
Contact Jennifer Fernandez at 373-7064 or jennifer.fernandez @news-record.com
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