Government defends Medford trial date, asserts other sheriffs involved

Federal prosecutors filed a motion Feb. 11 to set the trial of former Buncombe County Sheriff Bobby Medford and three of his deputies on corruption charges for March 25. While this would be past the normal amount of time suggested by the federal Speedy Trial Act, the U.S. Attorney’s Office maintains that a roomful of evidence — including some that suggests other WNC sheriffs may have been involved — and a special out-of-town judge make the later date necessary. The full text of their motion can be read here.

The evidence from the Medford case currently takes up an entire room of the federal courthouse, one reason prosecutors are pushing for the March 25 date:

“Those cases, plus the instant case, involve the execution of more than 30 search warrants in North Carolina and South Carolina, the seizure of more than 65 banker’s boxes of documents … orders authorizing the obtaining of tax returns for more than ten persons, transcripts of more than 100 grand jury witnesses, video and audio recordings of bribe payments made to one sheriff and discussions of payments made to multiple other sheriffs in the Western District of North Carolina.”

In a Jan. 15 hearing on whether or not to release Medford and his deputies to house arrest before the trial, Assistant U.S. Attorney Richard Edwards noted that “The ‘de-Baathification’ of the Sheriff’s Department and local law enforcement, so to speak, is not over yet,” and that the investigation continues.

Because of the sheer volume of evidence—the order notes that the room doesn’t contain some of the “bulkier items of evidence (such as video poker machines and computers)” prosecutors suggest a later date to give attorneys for the four defendants time to fully review the evidence.

At the Jan. 15 hearing, Medford’s attorney Stephen Lindsay, complained that he had not had time to review the evidence.

But the literal and figurative weight of the evidence isn’t the only reason the government has asked for a delay — they’re also trying to work around the schedule of Judge Thomas Ellis III, who has been specially chosen for the case from the Eastern District of Virginia.

The document notes that Ellis was chosen “following the recusal by all the judges of the Western District of North Carolina and the withdrawal by Judge Osteen of the Middle District of North Carolina. Judge Ellis therefore must deal with his regular case load … involving several extremely complex cases, as well as this case.”

The attorneys for Medford and his deputies have until Feb. 25 to respond to the government’s trial date.

— David Forbes, staff writer

SHARE

Thanks for reading through to the end…

We share your inclination to get the whole story. For the past 25 years, Xpress has been committed to in-depth, balanced reporting about the greater Asheville area. We want everyone to have access to our stories. That’s a big part of why we've never charged for the paper or put up a paywall.

We’re pretty sure that you know journalism faces big challenges these days. Advertising no longer pays the whole cost. Media outlets around the country are asking their readers to chip in. Xpress needs help, too. We hope you’ll consider signing up to be a member of Xpress. For as little as $5 a month — the cost of a craft beer or kombucha — you can help keep local journalism strong. It only takes a moment.

Before you comment

The comments section is here to provide a platform for civil dialogue on the issues we face together as a local community. Xpress is committed to offering this platform for all voices, but when the tone of the discussion gets nasty or strays off topic, we believe many people choose not to participate. Xpress editors are determined to moderate comments to ensure a constructive interchange is maintained. All comments judged not to be in keeping with the spirit of civil discourse will be removed and repeat violators will be banned. See here for our terms of service. Thank you for being part of this effort to promote respectful discussion.

One thought on “Government defends Medford trial date, asserts other sheriffs involved

Leave a Reply

To leave a reply you may Login with your Mountain Xpress account, connect socially or enter your name and e-mail. Your e-mail address will not be published. All fields are required.