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175 Wake DWI, traffic cases dismissed under cloud of deputy's testimony

Posted March 31, 2016

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— Wake County District Attorney Lorrin Freeman is dismissing 104 cases of driving while impaired, and an additional 71 traffic-related offenses after a judge found that a Wake sheriff's deputy lied on the stand.

Last week, District Court Judge Jacqueline Brewer disqualified Deputy Robert Davis as a witness after determining that he had lied in at least three cases. Freeman then dismissed other cases in which he was a witness.

"He violated the defendants' rights," Freeman said. "He was untruthful on the stand."

In seeking to get her charge dismissed, a woman whom Davis arrested in August 2014 made the case that he had not allowed her to make her phone call or to take a breathalyzer test. At a hearing on that woman's case, Davis denied her claims.

"Deputy Davis' testimony at the hearing on this matter ... was false," Brewer wrote.

"Deputy Davis has shown a pattern of providing false statements and false testimony," she added.

Bill Finn represents the woman whose case started the investigation into Davis' conduct. He said Davis did not allow his client to call a witness into the breathalyzer room, and then lied about it in court. The lie was discovered because there was video of the encounter.

"(Davis) made statements under oath at two different hearings that were false," Finn said. "You've got to have faith in the system, that people are down here making correct statements and they are telling the truth."

Wake Sheriff Donnie Harrison said Davis, who had served 18 years with the sheriff's office, was fired after the information came to light.

"It is really hard, but my job is to make sure the public is taken care of," Harrison said. "I had no choice but to terminate him. Law enforcement is my life, and I want people to be treated correctly."

Freeman told WRAL News, at this point, she does not expect charges to be filed.


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  • Janet Ghumri Apr 1, 2016
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    Over a period of about 3 years, my son would get stopped every other month. He drives and older car (RX7) and had it painted black. He would get stopped and searched regularly.
    Once, at midnight on a Saturday, he was pulled, given no reason (not speeding, reckless, etc). Five patrol cars joined in the search. They searched so long that his battery died and an officer had to jump start his car.
    The search turned up nothing. They questioned him about having a camera (art student, photography class), they questioned him about his flashlight, and his tool bag. and spare engine part he had (old car, tools, flashlight and parts in case it broke down). He asked multiple times why he was stopped, and he was told was that the car 'looks like one a drug dealer would drive'. Really?
    I went to the Cary police station and told that 'random searches' are all based on the officers discretion. So, one dishonest copy could have ruined my son's life. Honesty in uniform is essential.

  • Kim Anderson Apr 1, 2016
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    View quoted thread

    agree with you

  • Kim Anderson Apr 1, 2016
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    I wonder how would they handle it if they found out that Wake County social workers were lying under oath to take custody of people grandchildren and kids. The family court judge knows about the lies they write in the petition, and is aware that the social workers are lying under oath. The Judge, social workers and county attorneys all are playing a lying game in family court to keep children in foster care. All the taxpayers are fronting the bill to help destroy families. I'm happy the dishonesty of this 1 sheriff came to light, but what can be done to shed light on the family court system courtroom 4C for this very same act of dishonesty? Until it happens to someone you know you will not realize that is a major problem in the Wake County Court system. Families in Wake County pray every day that light is shed on this growing problem of family court corruption.

  • Donald Holder Mar 31, 2016
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    If this cop was white, there would be all sorts of comments on here calling him racist.

  • Donald Holder Mar 31, 2016
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    View quoted thread

    There are no quota requirements. What are you talking about?

  • Scotty Daniels Mar 31, 2016
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    This guy pulled me over at 2am. I was driving my very drunk friend home. He took me in after I walked the line perfectly, and held my leg up for a count of 45. I blew under the legal limit, I have paperwork to show it, and he marked I refused to blow. Also, he wouldnt let me call a lawyer bc he said it was 3 am and I wouldnt be able to contact anyone. He was mean and arrogant with me. Also he let my friend who was passed out drunk in his car drive home! This was Sept 2012.....I am wondering even though my case is settled (I pleaded guilty just to get it over with) but Im wondering how I find out if mine was thrown out. Id love the ton of money I spent in court costs...

  • John Malcholm Mar 31, 2016
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    There seems to be confusion whether or not the BAC test can be conducted in certain ways. Or why so many DUI were dismissed. This has nothing to do with that.
    There's a MASSIVE difference between a law enforcement making a wrong decision and admitting to it and making a wrong decision and lying.
    One is a simple procedural error and the other is perjury.

  • James Hicks Mar 31, 2016
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    The rules are generally this: Only those on the stand and under oath have to tell the truth. Therefore, if the DA is not on the stand, he or she is pretty much free to make any statement they feel is pertinent and will help them prove the case. There are a few general other rules to their conduct, but honesty is not one of them.

    Additionally, it is common practice for LEO's to lie or otherwise fabricate 'the truth' during questioning or suspect interviews, while the suspect is required to tell the truth. As a matter of fact, its so wide spread they even have training on it. (IE: they separate a group of suspects into interview rooms and then tell each one that the other has dimed them out - it works about 90% of the time.. once one criminal thinks the other is ratting him out, they're all about themselves and getting the best deal)

  • Amy Whaley Mar 31, 2016
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    Yes Sam, there are. I too have seen really poor behavior in officers and illegal searches etc. Not because one was black but in my case it was because the boys were driving while being teenagers/young adults. My son and his friends, black and white were pulled constantly and illegally searched. When I asked the lawyer about the illegal searches I was told to "find a judge who gives a darn" and we will do something about it. Pitiful really.

  • Johnathan Gault Mar 31, 2016
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    I would like to know the rules for court officers lying in the court room. If you are on the stand you cannot lie, BUT if you are the DA standing in front of the bench you can lie. I observed this in a court proceeding and the judge did nothing. So..................be forewarned the Wake Co DA's lie with impunity.