SMITHFIELD -- More than 30 people who scored an illegal dismissal on a drunken driving charge several years ago could now be called upon to face penalties for the crime.
Johnston County District Attorney Susan Doyle filed a motion Wednesday asking a judge to strike dismissals in the cases, which would reactivate each case.
The defendants benefited from a scheme in which four criminal defense attorneys and a prosecutor improperly dismissed their charges. Three of those attorneys, Chad Lee, Lee Hatch and former prosecutor Cindy Jaeger, were sent to prison this year for public corruption. Two other attorneys, Vann Sauls and Jack McLamb, were placed on probation for their part in the plot.
"I feel that these defendants committed a crime, and they benefited from their attorneys committing a crime," Doyle said. "That's not right. There is no reason they should benefit from their attorneys' wrongdoing."
Doyle will ask a judge this morning to remove the dismissals and allow her to prosecute the defendants. Without the judge's blessing, Doyle cannot hold the defendants accountable. Most of the cases began more than four years ago, and the law would not allow a fresh charge in such a case after so much time has passed.
Several of those who benefited from the DWI tampering said in 2008 that they had no idea they were receiving any special favors. Several said they paid the typical fee that Johnston County lawyers charge to handle a DWI.
Doyle's office sent notice to 33 defendants in recent weeks, notifying them about potential changes in their cases. Several have hired lawyers, who are expected in court today to contest any reactivation of the cases.
