Superior Court Judge Robert C. Ervin convened a hearing on the removal of Newman on Monday morning.
James P. Cooney III, the independent counsel, said in opening arguments that ample grounds exist to warrant the removal of the district attorney. He cited the three pillars of the case against the elected prosecutor for Henderson, Polk and Transylvania counties:
A plea deal Newman made that allowed a defendant charged with five child sexual abuse felonies to plead guilty to one misdemeanor in a brief proceeding that the victim was not made aware of.
The successful charge of vindictive prosecution by a defendant jailed for eight and a half years, a case currently on appeal before the state Supreme Court.