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Highway Patrol will review judge's ruling

Posted November 11, 2008

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— The North Carolina Highway Patrol's commander will review with attorneys an administrative law judge's ruling that a former internal affairs officer's investigation was a rush to judgment.

The move comes following Judge Joe Webster's ruling last week that trooper Mitch Foard should be reinstated as a first sergeant because Capt. Ken Castelloe's 2006 investigation of a voicemail message that contained a racial slur was inadequate and unreasonable.

Webster also questioned the validity of the message and said the investigation was not objective, because Castelloe never asked to hear the original voicemail and never interviewed Lt. Virgil Lessane, who made the accusation.

He also questioned Lessane's credibility and said that should have been a factor in the patrol's decision to demote Foard.

Commander Col. Walter Wilson will now review the matter, patrol spokesman Capt. Everett Clendenin said in a statement late Tuesday afternoon.

"He has requested to meet with the attorney generals (sic) that represented the Highway Patrol during the hearing to discuss with them the proceeding and obtain a copy of the transcript."

Castelloe had no comment when reached by phone Monday.

Meanwhile Tuesday, John Midgette, executive director of the North Carolina Police Benevolent Association, called for a formal review, saying he is frustrated by "deceptive techniques" used during the Castelloe's investigation.

Midgette said he believes the Highway Patrol operates under a double standard.

According to Webster's decision, Castelloe said during the investigation he had the voicemail message authenticated but later testified that was not true.

"And that is not only unethical, it is unprincipled and unlawful," Midgette said.

Clendenin said Monday he was unaware of any internal investigation into Castelloe based on the judge's findings.

"What he's conveying is that the standard by which the Highway Patrol decides whether someone is investigated and/or terminated or punished is not being used for command staff as it is for rank-and-file officers," Midgette said.


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  • wegsbabygirl Nov 13, 2008

    Ridgerunner..Castelloe was reassigned to field operations last year,while his former subordinate,Lt. David Langley,was assigned to administrative services .This was due to a wreck that Castelleo had where he rear~ended another vehicle and did not follow procedure in how it was handled.It was only after some Troopers cried foul & the N&O asked..that Clay did something about it.But,did Castelleo get demoted for yet another "cover-up"?...well no.

  • ridgerunner Nov 12, 2008

    The Patrol should review Castelloe's investigations, seems to be the common link in all these cases. Remove Castelloe and perhaps the Judges rulings will change if proper investigations are done.

  • MaggieGC Nov 12, 2008

    Dan Kane..if it is you, then revisit your stories especially "Troopers' Misdeeds Bewilder Patrol"and reinterview Virgil Lessane..and include the wrong doings he did at the HP and now in his private business "Towergate Youth & Family Sservices" http://www.comp.state.nc.us/ncic/pages/0226ride.pdf and ask about the Medicaid fraud as well.

  • D Kaine Nov 12, 2008

    Casteloe you assured me the information you gave was on the money... are you trying to ruin me too

  • D Kaine Nov 12, 2008

    I thought you were credible....Shows what I get... Thanks for the "stories" that became stories..

  • D Kaine Nov 12, 2008

    Ok I have been wrong.. I should be writing about the people feeding me information.. These guys have caused me to write about the troopers when it seems the one doing wrong are my sources. Thanks Clendenin you have misled me too

  • pbjbeach Nov 12, 2008


    Reference my eariler blog on here there is no fairness within any state agency's in north carolina state government as long as there is no one to rein in these rouge mangers that are being allowed to run these agency's into the ground with out any conquences to speak of for them with respect to state employees haveing any workplace rights to stand up to mangers when they are in the wrong an it is point out that they are wrong then there is only retailation against employees until such time as that are either fired or forced in to retirement with no retrubutrion against these rouge mangers. thank you

  • wegsbabygirl Nov 12, 2008

    Sir Walter Scott said it best“Oh what a tangled web we weave, When first we practice to deceive” Had Castelleo fairly and justly done the investigation, and the rest of Archdale done the right thing, we wouldn't have to be commenting on this story,and more importantly, 2 good HP men would have not been so wrongly persecuted & swept under the rug as Foard & Jones were.

  • MaggieGC Nov 12, 2008

    The media may not always get it right, but when WRAL is commenting off of the OAH ruling..you can't say they are getting it wrong. I also know a lot of Troopers, and they are most happy that the corrupt at Archdale are finally being seen in the true light..the fine Troopers that are put in harms way daily for us need leadership that will support them not divide them and causing good men to be punished for something they didn't do, and punish the ones that need to be!!

  • mydadsaid Nov 12, 2008

    Hey, I may be wrong, I work with law officers and I know a bunch of troopers, they do not trust the media at all to get it right.