news-record.com

NEWS

Sanders found not guilty

Article
Comments (6)

Friday, February 20, 2009

(Updated Saturday, February 21 - 8:04 am)

By Jennifer Fernandez
Staff Writer

Jurors this afternoon found a Greensboro police officer not guilty of illegally accessing a government computer.

Senior Deputy Attorney General Jim Coman said he will dismiss the remaining charges against Detective Scott Sanders and Sgt. William "Tom" Fox, who had been charged with obstruction of justice and conspiracy to obstruct justice.

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 this afternoon 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.

Check back soon for more details.

From a 2 p.m. update:

A judge told jurors today to carefully reconsider the evidence to see whether they can unblock an 11-1 vote in the case of a Greensboro police officer accused of illegally accessing a government computer.

Superior Court Judge Forrest Donald Bridges called jurors back shortly before noon to see where they stood after more than seven hours of deliberation over two days.

Jurors are being asked to decide whether Detective Scott Sanders illegally accessed a federal computer on loan to fellow officer Julius "Jay" Fulmore. Sanders testified this week that he was working with the State Bureau of Investigation on a criminal investigation of Fulmore at the time.

Sanders testified this week that he received verbal permission from an agent with the Department of Housing and Urban Development to access the computer. That agent, Mark R. Heinbach, testified this week that he did not giver Sanders permission. Fulmore had been given the computer for work on a HUD taskforce into drug activity at HUD properties in Greensboro.

During deliberation, jurors have asked for several documents to review, asked whether a "verbal contract" is binding, and asked for definitions, including for "reasonable doubt."

Bridges asked the jury foreman today about the deadlock but did not ask which way the vote is going.

The foreman indicated that all votes have been 11-1 since deliberation began shortly before 4 p.m. Thursday.

"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 jurors 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 mae a decision, he said.

Bridges commended the attorneys, telling jurors both sides had presented their cases well. He said it is now in the jury's hands.

"We're here to resolve the case," he said. "The case needs a resolution."

If jurors can't reach a unanimous decision, Bridges would have to declare a mistrial.

The computer charge against Sanders stems from an SBI inquiry into possible misconduct in the Greensboro Police Department. After some allegations of officers' misconduct, David Wray, former police chief, resigned under pressure in early 2006.

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

Accompanying Photos

Photo Caption: Scott Sanders

Comments

View 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.

Inappropriate content? Please report abuse.

simbaandmolly

February 20, 2009 - 3:59 pm EST

Thank goodness justice has finally come to one of the innocent people caught up in the police mess. I hope Officer Sanders does not have to pay his legal fees. For too long those with questionable character and connections have eluded justice and succeeded in transferring suspicion to others who were only trying to get evidence on the guilty. Too bad those with dirty hands continue to escape justice.

jhstoys

February 20, 2009 - 9:57 pm EST

The jury has spoken LOUD & CLEAR. Now it is time for our elected council & city employees to do some house cleaning , & I don't mean sweeping anything else under the rug.Enough Said, jhs

Tommy

February 20, 2009 - 10:15 pm EST

Just wanted to make sure you got this

GuarinoAboutEmail Me We101

Aggregators
NC Politics
NCBlogs.com
Pro-Life Blogs
We101
Recent Posts
Congratulations to Scott Sanders and Tom Fox
Sanders Trial Coming to a Close
The Sanders Trial: The State's Case Thus Far
My Big Chance For Some Stimulus Money
City of Greensboro Annexation Failing to Deliver
Sanders Trial Grandstanding Over-kill?
Bledsoe on the Sanders Trial and N&R/ WFMY Coverage
Lincoln, Garibaldi and Conservatism
Cops in Black and White, Part LXX-- and the Scott Sanders Trial
GPD Chase Assailant Was "Client" of Task Force that was Subject of Surveillance Issue
Websites I visit
FOXNews.com
News-Record.com - Piedmont Triad
The Washington Times
National Review Online
City Journal
Touchstone Magazine
North Carolina Family Policy Council
Carolina Journal/ John Locke Foundation
NewsMax.com - America's News Page
RealClearPolitics
Rhino Times
Guilford County Republican Party
Rockingham GOP
i-Italy
Staten Island Advance
American Thinker
The Public Discourse
Accuracy in Media
Constitution Party
World Magazine
Archives
February 15, 2009 - February 21, 2009
February 8, 2009 - February 14, 2009
February 1, 2009 - February 7, 2009
January 25, 2009 - January 31, 2009
January 18, 2009 - January 24, 2009
January 11, 2009 - January 17, 2009
January 4, 2009 - January 10, 2009
December 28, 2008 - January 3, 2009
December 21, 2008 - December 27, 2008
December 14, 2008 - December 20, 2008
More...
« Sanders Trial Coming to a Close | Main

February 20, 2009
Congratulations to Scott Sanders and Tom Fox
The news is that Scott Sanders is not guilty, and Jim Coman is dismissing the remaining charges against Sanders and Tom Fox.

And finally, after nearly four long years-- after nearly four years of enduring an inquisition caused by our local machine-based identity politics-- the men who previously worked under David Wray are beginning to see some justice. Congratulations to Scott and Tom.

Hallelujah!!! And let more justice come raining down.

Update: Reactions from Sam Spagnola, Mary Johnson.

Posted at 03:38 PM | Permalink
Comments
Amen, Joe.

This is very good news.

And let more justice come raining down.

Posted by: Dr. Mary Johnson | February 20, 2009 at 03:43 PM

If Officers Sanders and Fox are not guilty, then it would be appropriate for Mitch Johnson to reinstate them to their jobs and pay them their back pay since 2007. If he won't do it, they should sue his a.. off.

Posted by: Stormy | February 20, 2009 at 03:58 PM

Come to think about it, this may open the door for Wray to get a settlement from the city. Without one of the officers involved being found guilty, the city doesn't have much to stand on, so they should just rollover and pay. Looks like Mitch needs to be gone.

Posted by: Stormy | February 20, 2009 at 04:02 PM

I love the News2 story! About half way through in a one line paragraph it says "Fulmore is black."

Posted by: lugnut | February 20, 2009 at 04:04 PM

Johnson will screw that up too and cause the City to get sued yet again.

Posted by: Spag | February 20, 2009 at 04:09 PM

Can he sue for attorney fees as well?

Posted by: jc | February 20, 2009 at 04:11 PM

The City will definitely have to address reinstatement and back pay, and hopefully that'll be resolved immediately. But what about the legal bills that Sanders and Fox have accrued? Who pays those? Do they have grounds to sue the City for reimbursement of legal fees, considering the outcome?

Posted by: cm | February 20, 2009 at 04:18 PM

Probably not Michelle because this was a criminal trial.

Posted by: Spag | February 20, 2009 at 04:32 PM

Michele, jc, Stormy, my understanding is that anyone, as a general rule, can sue for just about anything; but I do not know whether Sanders and Fox will be ultimately be "entitled" to those things. Sam knows about that much more than I do. Perhaps a city policy exists that will help them somehow.

Sanders and Fox should rightfully receive these considerations, however-- reinstatement, back pay, reimbursement of legal bills, the whole thing-- and I hope they will. The city would do well to resolve those matters quickly.

Stormy, I hope, as you suggest, this will open the door for a settlement for Wray. But I would also like to see that all of the other officers who felt pushed out, or who were demoted, will see justice as well.

Sam, the City Council has a golden opportunity to assure that the city manager does not "screw it up". Thanks for being first to report the news of the jury's deliberations.

And Mary, yes, this is great news. This is a great day. Have been nearly moved to tears.

Posted by: Joe Guarino | February 20, 2009 at 04:36 PM

joe, everyone seems to be suing the city so the more the merrier!

Mitch has created this clusterf*%k and should be held accountable.

Posted by: jc | February 20, 2009 at 04:53 PM

Thank you so much for all the excellent reporting & thought provoking commentary that you provide, and for reporting this so promptly.I am delighted to see the good guys win one. The good citizens of Greensboro that made up the jury are to be commended, just like the good citizens who helped catch the bank robbers & the "Old Navy" killer.

Posted by: Laura Hamilton | February 20, 2009 at 05:05 PM

I'm glad the jury decided the way it did. I think John Hammer's article yesterday clearly explained the case and pointed to the Not Guilty verdict. Anything else would have been a travesty.

I don't believe this affected David Wray at all. IIRC, he did not have a contract and worked at the plesure of the City Manager. Mitch Johnson had the authority to fire him, for good reason or bad.

The person this affects is Nr. Johnson. it shows, again and for the umpteenth time that the firing decision was not justified by any evidence that has been produced in the last three years. The decision was so bad, and so poorly executed (changing locks and forcing resignation) that it constitutes a firing offense.

There are still some who maintain "if you knew what we know, you'd agree Wray had to go." If that is true, let them show the evidence.

If Mr. Johanson can show that the decision was the result of a measured and logical discussion with a number of responsible people (the Mayor, City Council members, other city management personnel, not including the City Attorney), I'd be willing to cut him some slack and settle for some discipline and re-education. Otherwise, I say we get the pitchforks and torches. I believe it's time for Mr. Johnson to leave.

Posted by: Preston Earle | February 20, 2009 at 05:20 PM

What a sad day for "Political Correctness".

It must be particularly sad over at WFMY_TV and at the News and Record Offices. You have to give them both an " A " for their efforts. They really tried hard to convict this good man.

I can only imagine the hell Scott Sanders and his family have gone thru. I hope he can find a way to reward all of these idiots for this whole sordid mess.

Posted by: wayne | February 20, 2009 at 05:22 PM

Mitchell Johnson, Mayor Johnson, Diane Bellemey-Small, Goldie Wells, Robbie "Wolf In A Sheep's Clothes" Perkins and Zach "Mini-Perkins" Matheny all owe Scott Sanders an apology. More apologies to Sanders should come from News 2's Frank Mickens, and the group of nitwits at the News & Fishwrap, led by that arrogang stuffed shirt John Robinson and that yellow-journalism hack Lorainne Ahearn.

This has been nothing but a smear job on a decent cop. Scott Sanders should sue this city for everything it has and ram the Courthouse flag pole up Mitch Johnson's keister for good measure.

A pox on all their houses. They are horrid, horrid people.

Posted by: YB Normall | February 20, 2009 at 05:29 PM

that is great news and let's see the backpedaling begin. Joe, you have been on this since day one and you can take a bow for all your post on this issue and I am sure more analysis to come. Great job.

Posted by: keith | February 20, 2009 at 05:41 PM

Okay Robbie Perkins, now is there still something you know that we don't. I don't think so !!

What a blessed relief for Sanders, Fox and their families who have suffered this uncecessary ordeal. As others have said they shoul be made whole again without delay.

Posted by: Fred Gregory | February 20, 2009 at 05:53 PM

on news 2 they say that Mary Rakestraw wants mitch johnson fired, and she was the only city council member in courtroom

Posted by: keith | February 20, 2009 at 06:03 PM

The N&R reports Sanders has been asked to report to work Monday.

Posted by: Joe Guarino | February 20, 2009 at 06:33 PM

Am happy for the verdict clearing Det. Sanders and that the charges were all dropped on him and Fox. But nothing can repay him and his family for what they have gone thru. Hope he sues and names names and refuses to settle out of court so they all have to defend their actions on the witness stand. And, like Wray he should sue for discrimination.

An election is coming up and all City Council members will be on the line. City elections have been so very nice and civil and polite with no one willing to point out what unethical humanoids these people are. Trudy Wade went after Sandy C. and won, Mary Rakestraw ran on Get Mitch! and won. They win on name recognition when the public only has the stories in the N&R and biased TV stations to inform them. I hope this year anyone running gets the truth out and takes the chance of being called out for dirty politics. This is the only way the Dirty Politicians will be ousted. BB

Posted by: Brenda Bowers | February 20, 2009 at 06:42 PM

Laura and Keith, thanks for the kind words, but there are some real heroes in this whole story-- not me. The list of heroes begins with the police officers falsely accused, and their families.

And then there are the key media voices who took some huge risks and enabled the truth to be reported-- Jerry Bledsoe, John Hammer and Ben Holder.

There are the attorneys who have worked with the implicated, stigmatized police officers-- including the man of the hour, Seth Cohen.

Sam and Roch brought the suit against the city that resulted in some important information being disclosed.

These are all some key people who helped this story turn around from the travesty it once was.

Posted by: Joe Guarino | February 20, 2009 at 06:53 PM

Jerry B.,

With a few more "wins", your story may come to a happy ending soon, after all. Pretty much due to you and your courage here, Mitch and Company didn't get one win in this whole sad episode.

Posted by: Stormy | February 20, 2009 at 07:01 PM

Preston, I agree it is time for pitchforks and torches. But they should be pointed at certain council members as well as the city manager.

Wayne, you are right. These officers and their families have been through hell. And in addition to the environment of race-based machine politics we have here, another culprit is, as you suggest, the prevailing media environment of political correctness. Maybe some media figures around town now will finally take hold of their senses.

YB, I agree that many, many apologies from the parties you list are in order. But I might also add Keith Holliday and Sandra Groat to your list.

Fred, yep, maybe now ole' Robbie will let us in on his little secret. And yes, everything all these men lost should be restored.

Brenda, you are right about the upcoming city council election season. During the last cycle, some challengers were doing their best to be circumspect and diplomatic-- and some, silent-- about this situation. They need not any longer. The gloves need to come off.

Posted by: Joe Guarino | February 20, 2009 at 07:08 PM

Joe: "The N&R reports Sanders has been asked to report to work Monday."

N&R: "...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."

So the word to come back to work came from a supportive Council member and not from the City Manager or Chief? When Sanders shows up for work? Awkward...

Posted by: cm | February 20, 2009 at 07:48 PM

This pleases me greatly I can only, with great anticipation, wait to hear the spin. Beau

Posted by: Beau D. Jackson | February 20, 2009 at 07:56 PM

Michele, I am just guessing, but maybe they decided this would be the least awkward way of communicating it, given the circumstances.

Posted by: Joe Guarino | February 20, 2009 at 07:58 PM

Beau, think about all the sound and fury, for all that time, directed against Sanders, Fox, Wray, and the rest. Right now, with this verdict, it all amounts to nothingness.

All that pseudomoral rectitude is in the toilet. After all this time, if this verdict is all they could come up with from a criminal standpoint, something is seriously wrong. But of course, most of us felt we already knew that. Today provided affirmation.

I suspect you're right, Beau, that there will be some perceived need to spin. It will be interesting to watch, and to comment upon.

Posted by: Joe Guarino | February 20, 2009 at 08:13 PM

"Wray should have been forthright with me"

Mitch the Bi... says;

At no time from July 8, 2005 until approximately one to two weeks after his resignation did Chief Wray provide an explanation to me or anyone else regarding the creation and use of the “black book”. Something that he could have done as early as July 9th 2005 and very well might have prevented this entire situation.

But........

July 11, three days after learning about the casebook, Wray had his regular monthly meeting with Mitch Johnson to update him about what was happening in the department. During that meeting, he told Johnson about the photo arrays of black officers that had been shown to prostitutes in criminal investigations, and Johnson expressed no concern about it.

Now who should we believe, a 22-yr veteran of the GPD with a sterling record or an incompetent power-hungry computer programmer. I ask ya... which one....

Posted by: Dan Edwards | February 20, 2009 at 08:50 PM

Verify your Comment
Previewing your Comment
Posted by: |

This is only a preview. Your comment has not yet been posted.

Your comment could not be posted. Error type:
Your comment has been posted. Post another comment
The letters and numbers you entered did not match the image. Please try again.

As a final step before posting your comment, enter the letters and numbers you see in the image below. This prevents automated programs from posting comments.

Having trouble reading this image? View an alternate.

oh good grief

February 20, 2009 - 11:54 pm EST

Does anyone know what the racial/ethnic makeup of the jury was?

If it was an all-white jury there will be a price to pay as some people are sure to grab that bone (of contention) and run with it, if Greensboro's history is any indicator of the chief motivation of some people.

MyTwoCents

February 21, 2009 - 9:29 am EST

Justice served - this nonsense should never have been allowed to take place. How much did this incredible waste of time, energy and taxpayer DOLLARS did this cost us?

Thank you, Mitchell Johnson - NOW will you resign, please?

gsotec

February 21, 2009 - 7:10 pm EST

If I am not mistaken the city is obligated to apy for defence of employees charged while they are discharging their duties which it certainly appears he was....so pay up!