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In closing statements on the third day of the hearing on District Attorney Greg Newman’s removal from office, his defense attorneys said there has been no proven loss of trust in his office and that his misconduct doesn t rise to the level of willful. Newman is facing removal from office under G.S. 7A-66 after a group of citizens filed an affidavit in Henderson County Superior Court on Feb. 11. Judge Robert C. Ervin found grounds to continue proceedings under that statute based on willful misconduct in office and conduct prejudicial to the administration of justice, which brings the office into disrepute. ....
Superior Court Judge Robert Ervin did not make a decision April 14, the last day of the rare, three-day removal hearing of District Attorney Greg Newman in Henderson County Superior Court. But in closing statements, independent counsel James Cooney III asked the judge to weigh the power of a district attorney and the “heft” of the men who spoke up for him – sheriffs, police officers, pastors and judges – against the power of alleged sexual assault survivors, bravely speaking their truth to Newman and accusing him of violating their constitutional rights. Something, Cooney said, that the judge should take into consideration on Newman’s character, if not the misconduct in office for which he was under inquiry. ....
June 12, 2014: Valerie Marie Owenby, who was then 12 years old, and her mother, Carol Lynn Owenby, report to the Henderson County sheriff’s office that James Franklin Sapp, a next door neighbor, had sexually assaulted her from the time she was 5 years old to the present. Aug. 6, 2014: Sheriff’s Detective Tonya Reeves submits a search warrant application detailing Valerie’s accusations of sexual assault by Sapp from the time she was 5 until she was 12 and her accusations that Sapp “told her she would kill her dad if she told anyone” and when he stopped the abuse threatened to kill her family if she told anyone. The search warrant, granted by Superior Court Judge Mark Powell, compels Sapp to pose for photos from the waist down to corroborate Valerie’s statement that he had identifying marks around his penis area. ....
Valerie Owenby, known until now in court records at V.O., wants everyone to know her name. Owenby grew up in the house her grandfather built, on a mountaintop in Henderson County. She lived there with her father, brother and grandparents at the end of a country road, surrounded by woods and very few neighbors. The closest neighbor was James Franklin Sapp, who Owenby, now 22, said sexually assaulted, raped and terrorized her from age 5-12, most of her childhood. “When I was 12 I started my period, and he decided not to do it anymore and told me to keep my mouth shut or my family would die,” Owenby said. ....