The State Bureau of Investigation responds on agent case

Regarding “Ruling on Durham officer might hurt other cases” (July 1): The SBI has been reluctant to provide comments regarding the information published by The News and Observer because the investigation into the alleged assault in Durham County is an on-going criminal investigation and the resolution of the personnel case involving Agent Richardson is also still pending.

Therefore, the appropriate forums for the resolution of any disputed facts in those cases is the Durham County court system and the North Carolina Court of Appeals.

However, in the articles, it has been reported that various SBI personnel were untruthful during the hearing of the personnel matter and acted in violation of agency policy during both the criminal and internal administrative investigations into these matters.

The SBI strongly disagrees with these reports and any such findings made by the Administrative Law judge. Therefore, the SBI has appealed the Administrative Law judge’s order on a variety of legal bases including that the findings he made are not supported by the evidence presented during the hearing and that the resulting conclusions of law are erroneous.

The SBI also felt it could not remain silent in the face of allegations that the agency tolerates untruthfulness. While investigating Agent Richardson for an allegation of assault, SBI investigators determined that he and others participated in a search of a female and her car during which they seized items of evidence. However, during this encounter, none of the agents completed any paperwork documenting the interaction with the female or the legal justification for the search of her vehicle, and they failed to document or properly secure the items seized. These failures were in violation of agency policy which led to the disciplinary action being litigated at OAH.

We believe strongly that the actions of the SBI investigators in this case were appropriate and in compliance with all constitutionally required standards. Unfortunately, the argument that the SBI did not follow ALE policies has diverted attention from the heart of this matter.

For the SBI, the most important aspect of this case is to ensure that all interactions between SBI and ALE Agents and the public are based on sound legal principles and that citizens’ rights are protected. Because the SBI determined that the Agents involved in this matter did not abide by the high standards demanded of SBI/ALE Agents, they were subject to disciplinary action.

The SBI will await the ruling of the Court of Appeals in this matter . In the meantime, the SBI will continue to hold its agents, both SBI and ALE, to the highest ethical standards, will continue to find ways to improve its operations and will continue to fight to exonerate the innocent and bring the guilty to justice.

The length limit has been waived to permit a fuller response.

People vs. events

Regarding “Sanders says she was told to leave Virginia restaurant” (June 23): There seems to be a great deal of confusion over the difference between discriminating against people and refusing to engage in events that one objects to.

The owner of the Red Hen was absolutely wrong to deny service to Sarah Huckabee Sanders based on her politics, but would have been completely within her rights not to cater a Trump re-election fund raiser.

On the other hand, a restaurant owner would be completely wrong not serve lunch to a gay couple, but absolutely within her rights not to cater their wedding.

Hog ‘stench’

I am proud to say that I come from an eastern North Carolina farm family. I am also proud of my relatives who work tirelessly to meet the farm needs of North Carolinians. I eat pork, and I also believe that there must be some way to solve the issue of hog waste.

At times, when I visit my down-east family, it is impossible to sit outside because of the stench. Perhaps the nearby pork farmers could inform neighbors when they are planning to spray hog waste onto nearby fields so that we would know when to plan outdoor activities.

This story was originally published July 5, 2018 at 11:03 AM.