District attorney accused of mishandling rape cases is removed from office in NC

Hayley Fowler
·5 min read

A district attorney in Western North Carolina has been removed from his office following allegations of victim blaming, concealing a guilty plea from a rape survivor and other instances of misconduct.

In an order filed Tuesday, Greg Newman was removed from his post and had his salary terminated, effective immediately, WLOS reported. Newman was the district attorney for Judicial District 42 covering Transylvania, Henderson and Polk counties.

Superior Court Judge Robert Ervin’s decision followed a citizen’s petition for removal backed by several families and a three-day hearing earlier this month.

“While we believe that the court made the correct decision and that the justice system worked, the fact that we had to proceed with a removal proceeding is deeply troubling,” attorney James P. Cooney III said. “Mr. Newman made false statements to a court and to the Bar and, in the process, caused significant damage to our system of justice. We all hope that his removal will lead to a restoration of confidence in the justice system in these counties.”

Cooney was one of three attorneys appointed as independent counsel to present the evidence for Newman’s removal in Superior Court. The attorneys were not paid for their services, he said, nor did they represent the individuals who filed the original petition.

Newman and his defense attorneys did not immediately respond to McClatchy News’ request for comment on Tuesday.

In a statement to the Asheville Citizen-Times, David Freeman, who represented Newman, said his client was “proud of the fact he has been able to serve the people of Henderson, Polk and Transylvania counties since 2013.”

“His office has done great things while he has served as the elected DA,” Freedman told the newspaper.

How was Greg Newman removed?

Newman was appointed in 2013 by then-Gov. Pat McCrory, according to a copy of the judge’s order shared by WLOS. He was elected the following year and later won reelection in 2018.

His removal from office began with an affidavit filed in February with the Clerk of Superior Court in Henderson County, WLOS reported.

Under state law, anyone can file a petition for the removal of a district attorney in North Carolina. Once a sworn affidavit is submitted to the clerk in the county where the district attorney resides, a judge determines whether a hearing is necessary to present evidence.

Tracey Cline, the former district attorney for Durham County, was removed from office in 2012 after a judge found she “made statements with malice and reckless disregard for the truth” against the county’s chief resident superior court judge, The News & Observer previously reported.

The affidavit against Newman was filed by Peggy McDowell, whose daughter said Newman charged her with felony child abduction after she fled the country with her son to protect him from sexual abuse by his father, according to the Citizen-Times. She called it a “vindictive charge.”

More than a dozen other families supported the allegations based on their own experiences with Newman, the newspaper reported.

In March, the judge ordered a hearing that centered on whether Newman engaged in willful misconduct while in office, according to the Hendersonville Lightning. Willful misconduct is defined as “improper and wrong conduct of a judge acting in his official capacity done intentionally, knowingly and generally, in bad faith. It is more than a mere error of judgment or an act of negligence.”

What happened at the hearing?

Evidence from three separate incidents was presented against Newman during the three-day hearing that began April 12, the Hendersonville Lightning reported.

The evidence included a disciplinary order issued by the state bar finding Newman lied to a sexual abuse victim and her family as well as a judge; allegations of vindictive prosecution; and a reprimand for a case involving a conflict of interest.

A former student at Brevard College also accused Newman of blaming her “for what she was wearing” and refusing to prosecute the suspects after she reported being sexually assaulted by two men, the Citizen-Times reported.

Disciplinary actions

The judge reportedly based his decision in-part on disciplinary actions Newman has faced in recent years. The first concerned a plea deal Newman struck in 2015 with a man accused of sexually abusing a child.

A now 22-year-old testified during the removal hearing that she was raped by a neighbor, James Sapp, when she was between the ages of 5 and 12, the Citizen-Times reported. According to documents filed with the state bar, Sapp was charged with raping a child in 2014. He was subsequently indicted by a grand jury on charges of rape, sex offense and indecent liberties with a child.

The child and her family reportedly told Newman they were interested in Sapp’s prosecution and they wanted to be present during court hearings as well as at sentencing.

Newman is accused of later reducing the charges to one count of misdemeanor assault on a female without telling the family of the change.

They filed a complaint with the state bar, and the state bar’s Disciplinary Hearing Committee issued an order in January finding Newman lied to the judge at Sapp’s plea hearing, saying the victim’s family knew about the deal and did not wish to be heard. They also said he lied to the State Bar during its investigation.

Newman was suspended from practicing law for the three years. But the suspension was ultimately stayed, allowing him to continue practicing as long as he met certain conditions.

Another incident the judge considered involved when Newman was reprimanded last year by the State Bar’s Grievance Committee after he dismissed a drug case involving a former client, documents show.

While still in private practice, the committee found Newman had represented a client who pleaded guilty to drug charges in 2007. In 2016, another attorney representing the same client filed a motion claiming he didn’t knowingly enter the guilty plea.

Newman subsequently struck the plea deal and dismissed the charges for his one-time client, the state bar said.

‘Very rare’ election to recall Benton sheriff could cost county up to $250,000

Police mistake causes mistrial for Raleigh man charged in toddler’s death

Jury finds former Chester County Sheriff Underwood, deputies guilty of conspiracy

Recommended Stories

  • ABC exec defends the decision to end the Oscars on best actor: 'It was a calculated risk'

    Mills said the decision "paid off because everybody was talking about it." Actor Anthony Hopkins won the final award but was not present to accept it.

  • David Beriáin, Spanish Doc Director-Producer, Killed in Burkino Faso Attack

    Director-producer David Beriáin, one of the key figures on Spain’s new documentary scene, was killed on Monday while making a anti-poaching documentary in Burkina Faso. Beriain, accompanied by cameraman Roberto Fraile, was traveling in a convoy near the Arli National Park when it was attacked by armed men who arrived on two trucks and a […]

  • Federal jury find Durham man guilty in attempted robbery and killing of Hong Zheng

    In closing arguments, the defense attorney contended 24-year-old Maurice Wiley was not present when Zheng was fatally shot.

  • Joe Rogan tells his massive audience that healthy young people shouldn't get vaccinated

    Joe Rogan, the host of one of the most popular podcasts in the world, is facing criticism after claiming that healthy young people shouldn't "worry about" getting vaccinated against COVID-19. The Joe Rogan Experience host made his comments encouraging young listeners not to get a COVID-19 vaccine if they're "healthy" during a recent episode of his show, as Media Matters for America reported. "If you're like 21 years old and you say to me, 'Should I get vaccinated,' I go, 'No,'" Rogan said. "Are you healthy? Are you a healthy person? ... If you're a healthy person and you're exercising all the time and you're young and you're eating well, I don't think you need to worry about this." Health experts, in fact, have been urging adults of all ages to get vaccinated against COVID-19 regardless of whether they're in a high-risk group so that the United States can achieve herd immunity and end the pandemic. The CDC has noted that data suggests fully vaccinated people largely "do not carry the virus," meaning those at lower risk would be helping protect others from COVID-19 by getting a vaccine. With that in mind, Rogan drew heavy criticism for his comments, with some directing their anger at Spotify, where his show is an exclusive. In 2020, The Joe Rogan Experience was the service's most popular podcast. These weren't Rogan's first comments about the pandemic to stir up controversy, though, as he previously said that wearing masks "is for bitches." Rogan's guest at the time, comedian Bill Burr, pushed back. "I'm not gonna sit here with no medical degree listening to you with no medical degree, with an American flag behind you smoking a cigar, acting like we know what's up better than the CDC," Burr shot back. Spotify’s Joe Rogan encourages "healthy" young people not to get a coronavirus vaccine. His show is Spotify's most popular podcast. “If you're like 21 years old, and you say to me, should I get vaccinated? I'll go no.” pic.twitter.com/5dX98xUaHS — Alex Paterson (@AlexPattyy) April 27, 2021 More stories from theweek.comThe Republican plot to steal the 2024 electionJosh Hawley uses Big Tech tools to promote his anti-Big Tech bookThe right's reactionary temptation

  • Republicans support the GOP more than Trump for the first time in 2 years, a new poll shows

    Trump's support among Republican voters has been remarkable strong for years, but a new poll suggests it could be waning.

  • Trump angrily reviews the 2021 Oscars

    Former President Donald Trump is once again mad about the Oscars — and not just for the reasons you might think. On Tuesday, Trump released a statement complaining about Sunday's Academy Awards, and he seemed surprisingly hung up on the show being referred to as the Oscars. "What used to be called The Academy Awards" now is "called the 'Oscars' — a far less important and elegant name," he wrote. While producers in 2013 re-branded the awards ceremony as just the Oscars in advertising, the two terms are still used interchangeably, and the Academy's official website referenced this year's show as the "93rd Academy Awards." The ceremony is also often called the Academy Awards during the telecast, and the "Oscar" nickname itself dates back to the 1930s. Trump, who has long offered his negative reviews of the Oscars including while in office, also gleefully pointed out the show's ratings plummeted to an all-time low this year while demanding the Academy "go back 15 years, look at the formula they then used, change the name back to THE ACADEMY AWARDS, don't be so politically correct and boring, and do it right." Fifteen years ago would be the 2006 Oscars, so perhaps he's just a big fan of Crash. Either way, after an Oscars that did draw heavy criticism all around for its disastrous ending, one of Trump's top complaints apparently being the actual name of the ceremony was certainly an unexpected take. Still, he certainly wasn't the first person to slam this year's show as being a bit "boring," and he offered at least one reasonably popular take: "ALSO, BRING BACK A GREAT HOST." Trump, though, may have a particular person in mind. "The Academy Awards last night were absolutely terrible — boring, ugly sets, everything," Trump said back in 2015. "I have the perfect host for next year: me." More stories from theweek.comThe Republican plot to steal the 2024 electionJosh Hawley uses Big Tech tools to promote his anti-Big Tech bookThe right's reactionary temptation

  • OnlyFans has boomed during lockdown. Users spent $2.4 billion on the adult-entertainment site in 2020, and 120 million people now use it.

    OnlyFans, the adult-content sharing site, now has 120 million users. Creators sell video clips and photos to their audience for up to $50 a month.

  • CEO fired after being caught on camera mocking boy for wearing a dress to prom

    ‘I think clothing should just be taken as a piece of cloth and nothing more,’ says Stevens

  • ‘Aggressive’ bee attack kills one, sends another to the hospital, Texas officials say

    “First responders were faced with the daunting task of patient care and treatment during the attack.”

  • BBC breaks rank over Boris Johnson comments – but is it being used as a pawn in a revenge game?

    It was a subtle yet significant shift in the way the BBC and ITV report political stories. The state broadcaster and its commercial rival would ordinarily shy away from confirming newspaper reports that had been categorically denied by Downing Street. Yet in the case of Boris Johnson allegedly declaring that he would rather see “bodies pile high in their thousands” than order a third lockdown, both appear to have made an intriguing exception. On Monday, the Prime Minister completely rebuffed claims he had made the controversial remark last autumn after agreeing to a second lockdown – answering “no” when asked if he uttered the comment. It came after he had earlier branded the reports “total, total rubbish”. Yet that did not stop both the BBC and ITV leading their evening news bulletins by citing sources who contradicted the rebuttal of the high-vis jacket-wearing PM, pictured below.

  • The MIT study that said social distancing does little to stop COVID-19 indoors didn't look at the main way the virus spreads

    The MIT study didn't examine if social distancing stopped coronavirus spreading by large droplets from coughs, or via surfaces.

  • Fox News argues its hosts didn't need to fact-check election conspiracy theories from Trump's lawyers in response to Smartmatic defamation suit

    Election conspiracy theories have led to a tangle of legal fallout for right-wing media organizations.

  • Europe to set a global vaccine passport standard

    Europe seems poised to set the global standard for vaccine passports, now that European Commission President Ursula von der Leyen has signaled that vaccinated Americans will be allowed to travel to the continent this summer.Why it matters: Opening up travel to vaccinated Americans will bring new urgency to creating some kind of trusted means for people to prove they've been vaccinated.Get market news worthy of your time with Axios Markets. Subscribe for free.The big picture: There will probably never be a single credential that most people use to prove they've been vaccinated, for every purpose.But the EU's system will help set a standard for a proof of vaccination that's both easily accessible and difficult to forge.The U.S. is being closely consulted on the European passport, so any future American system will likely use similar protocols.Details: Informal mechanisms like simply asking someone whether they're had a shot can suffice in many situations. A system for international travel will likely be far more stringent. And there's a wide middle, too.Other activities that don't need the same rigorous standards as international travel could rely on the CDC's vaccination cards; options like a printed QR code, similar to what's been proposed by PathCheck; or a digital QR code, like the ones created by CommonPass or the Vaccine Credential Initiative.There may be some state-issued credentials, like the Excelsior Pass in New York.A national credential is theoretically possible, and could be linked to the biometric information that already exists on many chipped passports — the World Health Organization is working with Estonia to develop something along those lines — but that would meet steep political resistance in the U.S.The bottom line: The world of vaccine passports is almost certainly going to end up as a mishmash of different credentials for different activities, rather than a single credential used by everybody for everything. Go deeper: Americans will likely have to navigate a maze of vaccine "passports"More from Axios: Sign up to get the latest market trends with Axios Markets. Subscribe for free

  • A US Navy ship fired warning shots after Iranian fast-attack boats got too close in the Persian Gulf

    A US ship fired warning shots after the fast-attack boats ignored radioed warnings and continued maneuvering near US forces at close range.

  • Lawmakers, defense officials joust over next-gen ICBM plans

    The war over a next-gen ICBM flared up at the U.S. Capitol on Wednesday.

  • Hong Kong leader says govt could intervene in Bar Association if necessary

    Hong Kong leader Carrie Lam said on Tuesday the government could intervene if necessary in the Bar Association, whose chief has been labelled an "anti-China politician" by Beijing's top representative office in the city. Paul Harris, chairman of the Bar Association, has been repeatedly targeted by pro-Beijing forces, with the latest remarks coming from the Liaison Office on Sunday criticising him for speaking out against jail terms handed down to several democracy activists this month. Speaking at her weekly press briefing, Lam said that while Hong Kong respects freedom of expression, there are limits.

  • 'Pop' fans: Biden kids, grandkids part of WH scene

    Biden’s big Irish American family is becoming part of the scene now that he's at the White House, with his children, grandchildren providing the kind of grounding that has served him during a lifetime of public service. (April 27)

  • Sri Lankan Cabinet approves proposed ban on burqas in public

    Sri Lanka's Cabinet on Tuesday approved a proposed ban on wearing full-face veils including Muslim burqas in public, citing national security grounds, despite a U.N. expert's comment that it would violate international law. The Cabinet approved the proposal by Public Security Minister Sarath Weerasekera at its weekly meeting, Weerasekara said on his Facebook page. Weerasekara has called burqas, a garment that covers the body and face worn by some Muslim women, a sign of religious extremism and said a ban would improve national security.

  • Democrats are pushing Biden at the last minute to put a permanently expanded child tax credit in his latest economic plan

    Making the monthly checks to parents from the stimulus permanent could collide into barriers in the Senate if Democrats decide to bypass the GOP.

  • Police officer investigated after TikTokker catches him invoking Ma’Khia Bryant ‘stab’

    Ohio Bureau of Criminal Investigation is leading the probe into the police shooting of Ms Bryant