Published Wed, Oct 28, 2009 11:38 AM
Modified Wed, Oct 28, 2009 12:16 PM

Secret reasons prevent testimony at hearings

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By Joseph Neff - Staff writer

Ruffin Poole, a confidant to former Gov. Mike Easley, does not have to testify before the State Board of Elections, a judge said again today. But the reason to quash Poole's subpoena is a secret, and it may remain that way.

The State Board of Elections subpoenaed Poole to testify at the hearing probing Easley's campaign finances. Poole asked a judge to quash the subpoena, citing attorney-client privilege and a second, secret reason that Poole outlined in a sealed affidavit.

Superior Court Henry Barnette Jr. agreed on Monday to quash the subpoena, but a dispute over the wording of the order delayed the signing of the order until today. The order bases the decision on the secret affidavit, not attorney-client privilege.

The State Board of Elections has said it will appeal the order to the state Court of Appeals. It is unclear how quickly the appeals court will hear the matter.

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