DWI paperwork under scrutiny of state investigators

SMITHFIELD -- Dozens of people charged with drunken driving in Johnston County have had their cases essentially erased by dismissal forms that investigators are examining for evidence of tampering.

A review of copies of court files seized by agents from the State Bureau of Investigation reveals documents with mismatched dates and inconsistent justification for dismissals. The dismissal form for one defendant indicates his case was thrown out just six days after he was arrested and three weeks before his first scheduled court date.

In many cases, the drivers had extensive histories of drunken driving and registered more than double the allowable blood alcohol limit to get behind the wheel. Some of the drivers have been stopped again for drunken driving since their cases were dismissed.

This spring, Johnston County District Attorney Susan Doyle asked the SBI and the Attorney General's Office to investigate potential wrongdoing in the handling of some DWI cases. She has since put a moratorium on DWI dismissals.

Attorney General Roy Cooper said last week that his agents have determined that the court records might have been falsified. He said some of the records were likely "the instruments of the corruption."

The SBI investigation is continuing, and no arrests have been made.

At the center of more than 40 cases being examined are two Johnston County criminal defense attorneys, Chad Lee and Lee Hatch. As of last week, the two were still practicing in Johnston County.

Lee and Hatch didn't return calls seeking comment; neither did their attorneys.

Portia Snead, a deputy clerk of court who handled files for district court cases such as DWI charges, has been suspended. Her boss, Clerk of Johnston County Superior Court Will Crocker, placed Snead on paid leave last month in the midst of the SBI investigation.

Snead referred questions to her attorney, who did not return messages. Snead said she has no idea what she's suspected of doing.

"It's not my job to question what a DA or an attorney puts before me," Snead said. "I just file."

In nearly all the cases, the dismissal form bore the signature of Cindy Jaeger, a former Johnston County assistant district attorney who left her post Sept. 28, 2007. The dates and the explanations for the dismissals bear the handwriting of others. All of the dates on the forms coincide with dates that Jaeger was employed in Johnston County. Other documents in the files, however, suggest the cases were continued for months after her departure, casting doubt on the authenticity of the dates written on the dismissal forms.

"Cindy signed no paperwork in Johnston County in her capacity of DA after she left that position," her attorney, David Freedman, said. The SBI contacted Jaeger months ago, Freedman said, and she has cooperated fully with its investigation.

Freedman said Jaeger has reviewed each of the questionable case files with the SBI. Jaeger is now an assistant district attorney in Randolph County.

Tougher DWI laws

In December 2006, new DWI laws went into effect, partly aimed at making dismissals harder to get.The laws also made the court officials who grant dismissals more accountable. The law now requires prosecutors to research a defendant's prior driving record before granting a dismissal. Prosecutors must also announce the dismissal in open court and send a copy of the dismissal form to the law enforcement agency, the state Administrative Office of the Courts and the district attorney.

In the Johnston County cases under review -- practically all of which originated in 2006 or later -- attorneys used an older version of the dismissal form. There's no indication these dismissals were handled in the courtroom or forwarded to the required agencies.