Judge rejected evidence room lawsuit against DA on technicality

Posted on by David Forbes

Part of Judge Bradley Letts’ written order dismissing the evidence room open records lawsuit filed by a local media coalition (including Xpress) has been filed. The order dismisses the part of the lawsuit against the Buncombe County District Attorney’s office on the technical grounds that it was misnamed in the lawsuit.

“It is now therefore ordered that the complaint is hereby dismissed as to the named defendant, ‘Buncombe County District Attorney’s Office,’ since there is no such entity,” the order reads. It also denies the amendment by Charles Coble, who represented the local media alliance, to change the formal name of the defendant. The lawsuit also names the city of Asheville, asserting that an audit of the Asheville Police Department evidence room completed earlier this year is public record.

Attorney (and retired judge) Ronald Payne, representing District Attorney Ron Moore, made the argument to Letts on Sept. 4 that the lawsuit should be dismissed because it named the DA’s office, rather than Moore in his formal capacity. Coble had argued that the issue wasn’t enough to prevent Letts from ordering the release of the audit.

Letts has yet to file an order relating to the part of the lawsuit concerning the city of Asheville.

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4 thoughts on “Judge rejected evidence room lawsuit against DA on technicality”

  2. boatrocker

    If one would care to mark all 4 Hot Dog Kings on a map of WNC, one could draw a square around WNC and find Bobby Medford’s buried treasure in the middle of said map. Guns, drugs and cash, pre- APD evidence room mess mind you.

    WNC cops will never be found guilty for malfeasance for paying off the City Council in cold hard Confederate gold. Euros don’t work her any more.

    Between guns, drugs and cash, this town has its own DaVinci Code. One must only order extra honey mustard with crappy hot dogs to find it.

  3. George Rogers, Asheville

    This is government by trickery.

    Another example of government by trickery is when the politicians don’t say that they are planning to put Asheville in the same Congressional district as Gastonia.

    Government by trickery is when the “Cellular Center” sign is announced a few days after the election, rather than before; eg., Mr. Davis would surely have lost the Council election if he had made the announcement before the vote.

    Cronyisn and trickery: a dangerous combination.

  4. MG Massey

    So, Teflon Ron gets off again. Is anyone surprised. If there were any real people with balls in this self absorbed tourist dump, one might hope for better. However, we all know that the locals, while showing up for every little event that gives them pleasure , are not known for their fearlessness when faced with their leaders corruption. The silence is deafening.

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