Todd Paris, Associate Editor and Salisbury Attorney

♦ No, I didn’t miss it. In January of this year city council voted to spend 7 million dollars from the Salisbury Rowan Utilities (SRU) enterprise fund to automate and computerize the city water meters. The ROI (Return on Investment) report forecast a modest increase in water fees and a long return on investment. That passed. Seems logical and a mark of good stewardship, right?

Over 1 million dollars per year is transferred from the SRU enterprise fund to the general fund to off-set “shared expenses.” That’s stuff like SRU using City H-R, vehicles, and stuff and it’s arguably legitimate, (it helps off-set the $3 Million per year Fibrant subsidy from the general fund.)

Here’s Salisbury’s staff’s real plan. The water fund spends 7M on automated and computerized meters. Who monitors them? Why Fibrant’s “shared” employees, of course! That accomplishes two goals: first it further cements Fibrant into the city infrastructure and makes it harder to get rid of, and secondly, a lot more money can now be justified to be moved from the water fund to the general fund to off-set the $3 million per year Fibrant loss as “shared expenses”. Remember Fibrant folks will be monitoring the meters from “the Hub.” The end result is the same, raiding the water fund again in a very sneaky manner, to prop up our failing broad-band.

Once again, those folks from the smaller municipalities will be propping up a broadband that they can not get and in Spencer’s case, in violation of a contract we signed with them when we took over their water and sewer system promising that water funds would be used just for water and sewer. Yeah right.

I hope I am wrong. Another thing – I predict that the water rate increase from the new computerized meters will be far, far greater than expected, probably closer to 25% to 50%. The Fibrant tax is coming. It’s just going to be camouflaged as a water increase caused by replacing outdated meters with new Fibrant monitored meters that can now “fairly and accurately measure actual water use”. It’s like a license to print money. Remember, you heard it here on RFP first!

RFP Staff

♦ Chad Wayne Kirkman, 46, of the 100 block of Belmont Place in Rockwell, was arrested in the early morning hours of Valentines Day and charged with kidnapping (felony),  assault on a female (misdemeanor), and communicating threats (misdemeanor).  Under a secured $15,000 bond, Kirkman was held at the Rowan County Detention until he was released on bail Monday.  By lunchtime the same day Kirkland allegedly assaulted his wife Traci who notifed the Rowan County Sheriff’s Office.  The Sheriff’s office issued warrants for Kirkman’s arrest.

Kirkman, a Rowan-Cabarrus Community College nursing student, was attending classes at the N.C. Research Campus where he allegedly assaulted Michelle Zimmerman, an instructor at Novant Health Rowan Medical Center. Allegedly Kirkman became loud and threatening, telling Zimmerman “It would take six to put her in a coffin.” He allegedly pressed a cross pendant to her face and arm, asking if it burned.

On Tuesday they located Kirkman at his home with the use of a robot.  The entire neighborhood and Rowan-Cabarrus Community College was placed on alert.  Soon Kirkman was in the midst of a standoff with Rowan County Sheriff’s Office deputies who formed a perimeter around his home and attempted to talk Kirkman down.  Instead of surrendering peacefully, Kirkman turned a firearm on himself and ended his life.

Kirkman prior to becoming a nursing student, was a contractor and also piloted for US Air and DHL.

RFP Staff

♦ The Distinguished Budget Presentation Award posted on the City Budget for 2015-2016 is virtually meaningless. Just about every city that pays their dues to the Government Finance Officers Association gets one.  The award says nothing about the actual budget and its soundness.  The award is all about presentation.

On page 3 of the City Budget for 2015-2016, the City Manager Lane Bailey has inserted a page showing his Distinguished Budget Presentation Award, as issued by the Government Finance Officers Association. https://docs.google.com/file/d/0B2E5Ew6OLdElOXcxdUVrRWQ5TTQ/edit

It almost looks impressive. We did a bit of research on the award, and found the following link:

http://www.gfoa.org/distinguished-budget-presentation-awards-program-budget-awards-program-2

From the Association’s award page, “To receive the award, a budget document must be rated either proficient or outstanding by at least two of the three reviewers for all four basic categories, as well as for 14 of the 27 specific criteria identified as “mandatory”.”

So in order to get the award, “Magic Math” Salisbury only needs to pay their dues to join, get a minimal rating of “proficient” by 2 out of 3 reviewers for each of four basic categories, and then get at least a proficient rating on 14 of 27 of the “mandatory” criteria? So a city can be “distinguished” if they score 51.8% on the “mandatory” criteria? Even this state’s public school students must have better scores on mandatory subjects in order to pass the grade—let alone to consider themselves “distinguished”.

What does the award tell Salisbury’s constituents? Maybe that Salisbury paid their dues to the GFOA, and that 2/3 of their judges found that Salisbury scored at least 51.8% on mandatory budget criteria.

Ah the sweet smell of B.S.

RFP Staff

♦  Veteran Salisbury Police and SPD retirees informed the Rowan Free Press yesterday that the police department is undergoing a manpower crisis and can not field enough officers to protect the city or investigate major crimes.  It was reported Wednesday to the RFP the Salisbury Police Department possesses 20 plus officer vacancies with probably 2 more officers on H-R’s chopping block.

According the former Salisbury Police Chief Rory Collins, the Salisbury Police Department suffered from a 75% attrition rate during the last few years. Collins admitted this during questioning from Salisbury Attorney Todd Paris at a City Council candidate “meet and greet”.  That attrition rate may be climbing soon as the City of Charlotte, N.C. is offering far better pay and benefits to experienced officers.  Currently between 70% to 80% of the police department are alleged to have “put in” at other law enforcement agencies.

It also should be noted the police department is underreporting violent and property crimes.

During the November election the number one issue was Salisbury’s skyrocketing crime: violent crime and unsolved murders.  Most observers agree that the City of Salisbury is in dire need of a fix here.  That fix would be obtained by providing competitive pay and health care for officers.  This could be brought about with a dramatic, but unpoplular rise in taxes.

Todd Paris, Associate Editor and Salisbury Attorney

♦ RFP Staff: “We recognize that some folks suffer “stinging butts and bruised egos” due to the Rowan Free Press’s penchant for airing the truth about Salisbury, N.C. the “City of Make Believe”: 17.3 square miles area surrounded by reality.  Those few who still believe the “City of Make Believe” is the center of the known universe are liable to feel hurtful feelings as reality breaks through the cult like closed information society formed by city’s dwindling true believers.  To offer a tissue and the balm of being heard, the Rowan Free Press Staff provides Todd Paris’s Check List Form below:”

—————————————————————————————————————————————————————————————————

OFFICIAL ROWAN FREE PRESS BUTTHURT REPORT

Date of article and subject: ____________________________________

If you haven’t actually read the article check here ( )

Was a tissue actually needed for the tears? Yes ( ) No ( )

Reasons for butthurt:

Ruined Salisbury’s time to shine. ( )

Exposed an inconvenient truth. ( )

Was posted before the “fishwrapper” could post a prophylactic story

to reduce the sting ( )

Reduced my property values by exposing the City’s dirty secrets ( )

Exposed a truth which may keep businesses from being “lured” into town ( )

Exposed a truth that might keep someone from buying my house, trapping me here ( )

Exposed the local fish-wrapper newspaper as a mere booster page for council

Incumbents and staff ( )

Exposed a truth that may have a negative effect on City bond ratings ( )

Made me look imbecilic for a lie I told in public ( )

Will you be able to move past it? Yes ( ) No ( ) Maybe with time and my emergence into adulthood ( )

Name _____________________________________

Date _______________________________________

RFP Staff

♦ In Salisbury, N.C. where house break-ins are all too common and where violent crime is allegedly underreported, Jaylon Armon Wimbley, 17, of Best Street was arrested Thursday for a house break-in at 1523 North Main back on February 11th where 3 TVs, jewelry , and assorted items were reported stolen.

Salisbury Police were tipped off about the alleged thief by Kamya Kesler who also informed investigators that her ripped off items were for sale on a popular Facebook page where various goods were listed for sale.  The police soon discovered several of Kesler’s “missing” items were being sold there.  The investigation continued and warrants were written up.  Wimbley was in the crosshairs of the SPD.

Wimbley was charged with breaking and entering-building (felony) and with larceny after breaking and entering (misdemeanor).  Under a secured $10,000 bond, Wimbley was placed in the Rowan County Detention Center.

Jaylon Armon Wimbley:

Steve Mensing, Editor

♦ It recently came to our attention that someone voluntarily opted into Salisbury’s Municipal Service District and its excessively high tax rate said to be the highest municipal tax rate in the entire State of North Carolina.  A puzzling act, yet all through human history some individuals choose to make questionable monetary sacrifices.  You know like those fellows who hand out thousands of one hundred dollar bills on Time’s Square to passing strangers.  “Here–no strings attached.  Splurge, me lad.”

If someone can opt into making their property part of Salisbury’s Municipal Service District and its excessively high tax rate that supports the Empire Hotel and other questionable Downtown Salisbury, Inc. projects, then “logic” would surely dictate that someone ought to be able to opt out of the Municipal Service District.  Like de-annexation.  For such an option we have created a one size-fits all “Opt Out of Salisbury’s Municipal Service District Certificate” where you can fill in your name or scrawl an X (if you are a product of one of Salisbury’s elite D or F public schools).  After filling in the generous blank, take it down to the city clerk.  Demand a receipt and tell her, “I’m here to opt out of the Municipal Service District”.  She’ll understand.

RFP Staff

♦ Felicia Watson Crawford, 29, living at 1376 Percy Lane in Rockwell, was arrested Monday for allegedly stabbing Jamie Dawn Agree, 31, in a dispute that got out of control on Percy Street.  Agee suffered stab wounds and was transported to an area emergency room for treatment and was released.  No motive was reported.

Crawford was charged with assault with a deadly weapon inflicting serious injury (felony).  Under a secured $10,000 bond, Crawford remains in the Rowan County Detention Center.

Felicia Watson Crawford:

The Victim Jamie Dawn Agee:

**This article will be updated as more information arrives.**

RFP Consumer Shopper

♦ Okay you don’t want to invest in a handgun with knockdown power.  Maybe you have a firearms phobia?  And pepper spray and karate don’t pull your wagon.  Perhaps you prefer the feel of cold steel takeout power.  You want a blade for breaking through ribs or you want a little somethin’ to disembowel some knucklehead with 8 inches of killing blade.

Harbor Freight has a little number for you.  $9.99 bargain blade supreme: H.F.’s Fifth Ace.  This little showstopper is made for street combat.  Sharpen it up with a H.F. hand sharpening tool and you can take trophy scalps during your victory lap up Long Street.  Harbor Freight Baby!

Don’t be another miscellaneous body found in the Bury.

RFP Staff

♦ Sadly on February 16th the body of John Ashley Murdock was found on the 100 Block of Scottsdale Drive in an “open land area” in Salisbury, N.C. His death is suspected to be from a heroin overdose. As the heroin, meth, and crack epidemic ramps up in Salisbury and Rowan County more substance abusers are expiring from drug overdoses.

Murdock was convicted the week prior to his death of larceny from person (felony) and received probation on the 10th. His partner in crime Leffew plead out on December 14th.

The RFP reported Murdock’s knifepoint robbery caper back on November 2nd of 2015:

Halloween Knife Stick-up in Salisbury, N.C. Allegedly Starring John Ashley Murdock and Patrick Leffew

Murdocks’s Previous Record:

http://webapps6.doc.state.nc.us/opi/viewoffender.do?method=view&offenderID=0647393&searchLastName=murdock&searchFirstName=john&searchMiddleName=a&listurl=pagelistoffendersearchresults&listpage=1

John Ashley Murdock:

Todd Paris, Associate Editor and Salisbury Attorney

♦ In the past few years new administrative rules were placed into effect by the U.S. Drug Enforcement Administration (DEA) to share information gained from pharmacies with local law enforcement to combat the nation’s wide-spread prescription drug abuse problem with opiates and methamphetamine. The results are freely shared with law enforcement.  Algorithms inside the DEA’s computers were initially put in place to detect “doctor shopping” (the practice of obtaining scripts from multiple doctors to allow sufficient quantities for abuse and (or) sale).  This surprisingly created information and data showing much, much more. Physicians, who used to liberally prescribe powerful opiates, received warnings. The black market in prescription pills have substantially dried up and where they are available, the street price skyrocketed.

The law of unintended consequences being what it is has impacted scores of folks addicted to drugs like Oxycodone (hillbilly heroin), a semisynthetic opioid synthesized from an opioid alkaloid found in the Persian poppy have found themselves without a “fix” or unable to afford it where available. The answer? It’s “the real deal” – nasty, cheap and dangerous. It’s heroin. Problems abound, among them an explosion in hepatitis, blood infections and all too frequently death by overdose.

Recent “miscellaneous body found” reports of dead bodies turning up in ditches and fields are disturbing and so common that local media no longer report them. Folks often abuse heroin and other hard drugs with fellow junkies and many will overdose. For years if someone called 911, the cops came, arrested everyone for serious felonies, seized the remaining stash and the party ended. Maybe it’s better to dump some hapless wretch in a ditch or out in the woods and pretend it never happened?

Opioid antagonists were developed like Naloxone and naltrexone in a shot form that can literally bring the afflicted back from the brink of death. These shots are distributed among first responders in this area and have saved many lives already.

Worried about calling 911? Perhaps unfairly maligned as caring little for post-natal humans, “god’s chosen legislature” up in Raleigh has enacted and modified N.C. Gen. Stat. 90-96.2 which provides limited immunity to overdose victims and the person making the call for small amounts of controlled substances and paraphernalia found “at the scene.” In August of 2015, the immunity was also extended to probation violations based upon substances found. Note: this limited immunity does not extend to other folks “hanging around” or other residents of the dwelling. This “Good Samaritan” law will allow the afflicted and one caller to save someone’s life. The entire text of the amended law is attached for your understanding and edification and should be spread widely to save lives.

http://www.ncleg.net/Sessions/2015/Bills/Senate/PDF/S154v5.pdf

RFP Staff

♦ In a domestic dispute gone haywire Friday, Salisbury Police were dispatched to South Shaver Street to quell a disturbance between Brenda Louise Frazier, 52, and Lavern Victor Demery, 59, both of Salisbury.   According to police sources Frazier allegedly hurled a pot of hot cooking oil on Demery, burning his face and arm.  Her hot oil attack was said to be in retaliation for Demery allegedly ripping a dreadlock out of her scalp.

Both Frazier and Demery were arrested and charged.  Frazier was charged with assault serious bodily injury (misdemeanor).  Under no bond, Frazier is being held at the Rowan County Detention Center.

Demery was charged with assault on a female (misdemeanor).  Under no bond, Demery is being held in the Rowan County Detention Center.

Lavern Victor Demery’s Previous Record:

http://webapps6.doc.state.nc.us/opi/viewoffender.do?method=view&offenderID=1408787&searchLastName=demery&searchFirstName=lavern&listurl=pagelistoffendersearchresults&listpage=1

Brenda Louise Frazier:

Lavern Victor Demery:

RFP Staff

♦ James Edward “C.J.” Coe, 21, multiple felon, B and E pro, and fugitive from justice since December, was arrested Saturday morning by the Rowan County Sheriff’s Office and is being held without bond on a Governor’s warrant. An N.C. Governor’s warrant is employed to hold a fugitive in custody until they can be extradited to another state to face criminal charges.

On June the 15th and 16th of 2014 Coe allegedly broke into unlocked vehicles near Rainey Road in Rowan County with Angel Gale Flake, 35, Michael Manuel Flake, 31, and Carlos Manuel Rodriguez, Jr. 22. The quartet, allegedly under Coe’s direction, was said to have stolen brass and copper plumbing pipes and fixtures, various electronics, medications, and other valued items. The brass and copper scrap was brought to Foil’s Inc. on Klumac Road where it was recovered by the Rowan County Sheriff’s Office.

James Edward Coe’s Previous Record:

http://webapps6.doc.state.nc.us/opi/viewoffender.do?method=view&offenderID=1360366&searchLastName=Coe&searchFirstName=James&searchMiddleName=e&listurl=pagelistoffendersearchresults&listpage=1

James Edward Coe:

RFP Staff

♦ Updated: http://rowanfreepress.com/2016/02/22/hearing-for-the-city-of-salisbury-to-seal-the-deposition-of-rory-collins-now-being-heard-by-judge-robert-c-ervin-in-open-court/

Monday, February 22nd the City of Salisbury will attempt to argue their motion “en camera” (a secret preceding the media and public are barred from) to seal the deposition of ex-Chief Rory Collins in Lane v. City of Salisbury. While Rowan Free Press is not a named party and thus, can not appear, the clear intent of this motion is to prevent Plaintiff Kenny Lane from publishing the contents of this deposition to RFP and the public.

This request is specious, as such deposition, in its entirety, was published by the RFP staff and editors for over a week and is, no doubt, in the hands of many hundreds, if not thousands as we speak. The citizen’s right to know and RFP’s right to publish, under the 1st Amendment of the United States Constitution, is sacrosanct and inalienable, despite the “City of Smoke and Mirrors” best efforts to hide the truth from citizens and taxpayers.

Important issues such as the ex-Chief violating Police policy by carrying a city issued weapon and driving a city issued vehicle while under the influence of Oxycotin for over ten years, an internal affairs investigation derailed by internal affairs collusion and the revelation that Salisbury H-R, not the Chief, controls hiring and firing at SPD in violation of City grievance policy, are already out there and a matter of wide spread public discussion. In short, that cow already cleared the fence, backstroked down to the creek, died and was washed out to sea.

The most amazing thing is that the League of Municipalities paid attorneys are complicit in this brazen attempt to hide and cover-up the truth that is emblematic of the debacle that is “Salisbury City government” and that they have the temerity to seek to have such a decision made outside the bright shining light of public inquiry. Shame on them.

We will report as much as allowed from today’s “secret” proceedings.

John Q. Public

♦ I’ve watched and listened as Salisbury’s alleged leadership makes excuses for their incompetent decision to bring “visionary” fiber-to-the-home service to all single family residences in town. (If you live in an apartment complex, Fibrant is off-limits for you.) I’ve also watched Salisbury’s per-capita violent crime rate climb to rates worse than Detroit, Michigan, as the leadership at a much-shrunken police department appear to reinforce the PR campaign that it’s not as bad as the “negative blog” proclaims.

I consider myself a free-thinker, so I’ve gone to the links of the FBI crime statistics. Now I’m convinced that the city’s leadership must be basically claiming a vast Government Conspiracy out of Washington, DC is conniving with “the negative blog” in some imaginary quest to destroy all that is sacred in Salisbury. Right?

I see incumbent city council members like Maggie Blackwell trying to lead guided tours of sugar plums, as they solicit inaccurate “magic math” answers to the question of diverting fund balances from water/sewer and the general fund to prop up Fibrant. I see Maggie, Brian and Karen shilling the false claim that Fibrant is “profitable” or could be given the right circumstances.  Like if AT&T Gigapower, TWC Maxx, AT&T U-verse didn’t exist or if there were more people with spendable income in their poverty struck burg.  The fact is there’s quite a few of the city’s poor who lack computers.

Then I’ve seen new blood on city council, specifically David Post and Kenny Hardin, getting scolded and thwarted in public meetings by incumbent Brian Miller for wanting to talk about the budget message publicly. Horrors! After a couple times getting shot down and belittled, Mr. Post stood his ground. We discovered in the process that the general fund subsidizes Fibrant to the tune of about $3 million annually. It was an eye-opener.

Then, in a bizarre twist of logic and imagination, Mayor Alexander waved her magic wand, and began an earnest campaign to promote the false premise that Fibrant is “breaking even”, that it was part of a heritage of “visionary leadership” that must be supported and promoted, and that Salisbury is truly the “Paris of the Piedmont”.  Seriously.  Now I’m wondering if Salisbury’s dystopic malaise could be cured by handing out about 28 grams per week of whatever Mayor Alexander ingested to every “negative” resident of Salisbury.  Perhaps then they could all share in a collective hallucinogenic “Vision” of Paris beneath their feet.  Maybe then everyone might be content with the status quo. Possibly they’ll stay home and stop the violence, stop the shootings, stop the home invasions, the carjackings, the quick street KO’s, and the drugland beatdowns that happen with disturbing frequency in the Bury. If the Mayor would just share her ‘stash’ of whatever she takes before each public appearance to boost the imagination of Salisbury’s leadership, there would be no naysayers left.  They’d vanish away in a mystical haze.  Only a placated electorate would remain, willing to smile ecstatically at every suggestion by Mayor Alexander about how great life really is in the fab-u-lous “Paris of the Piedmont”.

Steve Mensing, Editor

♦ This morning in Salisbury’s Superior Court the City of Salisbury’s attorney’s attempt to seal the deposition of ex-Police Chief Rory Collins in the Kenneth S. Lane v. the City of Salisbury experienced two changes. The First: Superior Court Judge Anna Mills Wagner recused herself from hearing the case and was replaced by Mecklenburg County Superior Court Judge Robert C. Ervin the grandson of the late North Carolina Senator Sam Ervin who presided over the Senate Watergate Committee and was a champion of civil liberties. The Second: Judge Ervin quickly removed the city’s attempt to argue their motion “en camera” (a secret proceeding the media and the public are barred from) to seal the ex-Chief’s deposition.

Sources say the Judge is reviewing a copy of the deposition and will likely have a ruling sometime later in the week.

In the interim persons interested in Salisbury’s City Government and its former Chief of Police Rory Collins can read and download Collin’s deposition here on the Rowan Free Press.

DEPOSITION OF EX-SALISBURY POLICE CHIEF RORY COLLINS (COMPLETE PDF.)

This Morning’s Article: “Today, February 22nd the City of Salisbury, N.C. will Attempt to Seal the Deposition of Ex-Chief Rory Collins in a Secret Proceeding”

RFP Staff

♦ Monday, February 22nd the City of Salisbury will attempt to argue their motion “en camera” (a secret proceeding the media and public are barred from) to seal the deposition of ex-Chief Rory Collins in Lane v. City of Salisbury. While Rowan Free Press is not a named party and thus, can not appear, the clear intent of this motion is to prevent Plaintiff Kenny Lane from publishing the contents of this deposition to RFP and the public.

This request is specious, as such deposition, in its entirety, was published by the RFP staff and editors for over a week and is, no doubt, in the hands of many hundreds, if not thousands as we speak. The citizen’s right to know and RFP’s right to publish, under the 1st Amendment of the United States Constitution, is sacrosanct and inalienable, despite the “City of Smoke and Mirrors” best efforts to hide the truth from citizens and taxpayers.

Important issues such as the ex-Chief violating Police policy by carrying a city issued weapon and driving a city issued vehicle while under the influence of Oxycotin for over ten years, an internal affairs investigation derailed by internal affairs collusion and the revelation that Salisbury H-R, not the Chief, controls hiring and firing at SPD in violation of City grievance policy, are already out there and a matter of wide spread public discussion. In short, that cow already cleared the fence, backstroked down to the creek, died and was washed out to sea.

The most amazing thing is that the League of Municipalities paid attorneys are complicit in this brazen attempt to hide and cover-up the truth that is emblematic of the debacle that is “Salisbury City government” and that they have the temerity to seek to have such a decision made outside the bright shining light of public inquiry. Shame on them.

We will report as much as allowed from today’s “secret” proceedings.

RFP Staff

♦ Trevor Armand Shelton, 24, of Ranbir Drive in Durham, was arrested Sunday night after allegedly stealing an unlocked Pontiac from the Wendy’s Restaurant at 515 East Innes and speeding away only to be stopped and arrested a short time later by a Salisbury Policeman on the 100 block of East Horah Street.

Shelton was charged with breaking and entering a vehicle (felony),  larceny (felony), and larceny motor vehicle (felony).  Under a secured $15,000 bond Shelton is being held in the Rowan County Detention Center.

Sunday the Salisbury Police were alerted by Wendy’s employees that a man pulled up in a vehicle and was allegedly checking out vehicles in Wendy’s parking lot. He entered an unlocked Chrysler and later Pontiac, rummaging through them.  The suspect allegedly tried to enter a Kia, but halted his progress when he notice a passenger inside.

Trevor Armand Shelton:

Todd Paris, Associate Editor and Salisbury Attorney

♦ In the wee hours of Tuesday morning, journalism sort of appears. The local “fish-wrapper,” erstwhile booster page of Salisbury City Council incumbents and staff, apparently bowing under the torrent of public discussion over Rory Collin’s deposition in Kenneth S. Lane v. City of Salisbury, has not commented on RFP’s coverage in this case. Once again they are a dollar short and two weeks late and heavily slanted to protect their “hero incumbents” on city council.

The jist of the article is to allow mayor Karen Alexander to disclaim all knowledge of City efforts to seal this deposition. God save the queen! Is she really that “out of touch?” Of course, Kenny Hardin wasn’t told anything about the matter, as usual.  It’s clear David Post and Maggie Blackwell knew “something.”

What’s going on here? Our best guess is one of two things, either Ruth and Zack down at H-R were evidently directing the attorneys for the League of Municipalities and by passing City Manager Lane Bailey and that this is a job that they are absolutely unqualified to do. Neither had a prior background in H-R and it is quite clear that beyond creating a toxic environment for city employees, they are way out of their league. The second possibility is that the City Manager, able to count to 3, is deciding which council members get information and which do not and that completely violates his obligations to council and the community.

The other thrust of the article seems to suggest that Chief Collins twice daily use did not violate City policy, if approved by a supervisor however, is it quite clear it violated Police department policy. Posted below:

The most curious quote is from the City’s PR person who says that no specific person or entity asked that the record remained sealed. Really, must have been “Ida-Know” or “Not-Me.”

Opinion? The City Manager should inform all city council members about cases under litigation, not just Maggie and David. David, being an attorney and well equipped to helping with such issues, should make sure to carbon copy other council members. Finally Ruth and Zack should be fired. Council should count to three on this City manager as well. If Karen really didn’t know and Hardin was left in the dark and Post realizes what was going on, it may be time for a new manager. Perhaps hire someone to clean house down there and reverse the pervasive culture of dishonesty and secrecy that has grown out of keeping the Fibrant debacle secret for all these years.

Salisbury Police Policy Manual:

Steve Mensing, Editor with Kenny Lane, former Salisbury Police Officer

♦ Steve Mensing: Today I’m interviewing Kenny Lane a former and highly respected Salisbury Police officer who entered into a wrongful termination suit against the City of Salisbury, N.C. Over a week ago the RFP posted the very revealing deposition of Ex-Police Chief Rory Collins. Readers can read that deposition here on the RFP or download the FREE PDF. document. We believed Kenny was wronged and the Chief’s own words in the deposition bares this out.

Kenny Lane: Thanks Steve.

Steve Mensing: We read the city’s termination process with you and noticed the reasoning for your termination deviated from one day to the next. In Collins’s deposition it appears he agreed that almost everything you’d been accused of being untruthful about was either false or unfounded. His one “reason” was your socalled “untruthfulness” in your memo regarding TASER training which your polygraph indicated you were honest about. Do you believe the incident with the training session was the reason you were terminated? Or was it really something else?

Kenny Lane: Steve, I think it was an excuse to terminate me and not the actual reason.

Steve Mensing: Okay–What’s the actual reason?

Kenny Lane: I believe it was because I attempted to get resolution to problems in the evidence room, on crime scenes, and within the department addressed. No effort was ever made to address any problem I attempted to get addressed and I was frequently told by Collins that I “needed to understand who the chief was” when he elected not to act.

Steve Mensing: Makes sense. What evidence would you share with the public?

Kenny Lane: I took photos of the evidence room which I believe will demonstrate the challenges I encountered. One of the difficulties I encountered was the evidence room’s chaotic condition. It was in extreme disorganization and often the evidence sheet, used to track storage, couldn’t be found. An example appears in incident 2011000063 when the victim came forward to claim property ordered returned by the court and the evidence sheet couldn’t be located. (attachment 2011000063 and 2011000063b)

Another difficulty was that evidence was actually present in the department for which the evidence log showed gone in some manor (ordered destroyed, returned to owner, etc.) One incident involved computers stolen in a burglary, case 2009000081, which were later collected by the SBI to investigate an unrelated case. A computer was located in the PD which indicated it had been returned to the owner. Obviously, if it was present in the PD, it was not returned. I notified Deputy Chief Whitley that the evidence sheet indicated the item had previously been returned, but we actually still possessed it. (attachment 2009000081 and 2009000081b)

Another difficulty I discovered was evidence provided to officers without officially checking it out from the evidence room. This destroys the chain of custody. In this incident an officer took an item from evidence and returned it at a later date. I don’t know what the entire time span was, but likely several weeks elapsed as it was given to him prior to my being ordered to assume responsibility for evidence coming into the evidence room. I attempted repeatedly to get the administration to send out an order to return any such undocumented releases to be immediately returned. The email reads from bottom to top, oldest message to the bottom, and shows the difficulty getting any cooperation locating missing items. (attachment unchecked items)

Steve Mensing: Sounds sloppy. Evidence rooms are supposed to demonstrate pristine order so that evidence can be quickly accessed for investigations and court. No wonder Salisbury has an abysmal record for unsolved murders over the last few years.

Kenny Lane: That’s right. I initially was told I was responsible for the evidence log in. On June 20th I got an email indicating another officer was granted access to evidence, but I could not receive any confirmation on this. (attachment Lingle) I later learned Collins opened the room up to a total of seven people, including himself.

Steve Mensing: That’s an unheard of number of persons having access to an evidence room. Usually its no more than 3 isn’t it? Even in large metro departments?

Kenny Lane: That’s correct Steve. On June 20th I spoke with Officer Brown who indicated he turned in a found wallet and was told not to do a report. During the inventory the wallet was located and Brown was told to take the item and attempt to locate the owner (The owner was known and was at that time homeless.) Brown was concerned about taking the item this way and I advised him strongly not to do so, but to enter it into evidence. I also advised him I would do a department memo as many patrol officers would know the owner and may see him during their patrol. (attachment 2011002304, 2011002304b, 2011002304c)

Steve Mensing: This is concerning. Basically there is a complete break-down in the chain of custody for evidence. You mentioned multiple people in the room. That’s a bad idea. And would the chief normally be in the chain of custody?

Kenny Lane: It’s a bad idea for accountability Steve. Obviously, the less people with access to the evidence the more accountability. Initially there were two employees with one supervisor who had access. It’s unimaginable for the chief to have access. Normal response to suspected theft from a secured unit is to suspend everyone with access while an investigation is conducted. In the event of a problem, it’s imperative the chief not be in the chain of custody so he would not be classified as a suspect. Collins’s entire command staff was included in the chain of custody. Every case had the potential for a defense attorney to close the administration down by demanding all people in the chain of custody be available for court. Any investigation of improper evidence handling would necessarily shut the entire command structure down if conducted properly since each had access. I was told “I’m the chief, I don’t answer to you” when I tried to address this.

Steve Mensing: This was done by the same chief who admitted to twice daily use of the powerful narcotic pain killer Oxycotin in his deposition?

Kenny Lane: Right. It certainly looks bad doesn’t it? And the evidence room itself was a shambles. Policy wasn’t being followed on storage, items were placed randomly and paperwork lost or found outside it’s assigned area. Complete chaos. And a man consuming an major opiate in the same league with uncut heroin.

Steve Mensing: Would it be possible for narcotics to be removed from the evidence room? Especially with 7 “officers” possessing keys to the same area? Sounds like major mismanagement. It also sounds like a lot of attorneys might be chomping at the bit to have their clients cases overturned on appeal. There is a very strong possibility of altered and missing evidence in such a mismanaged evidence room. Let’s hope the city hasn’t opened itself to a tidal wave of suits they are powerless to defend against. Such legal events have occurred before in other badly mismanaged police departments in the United States. Hate to see the streets of “historic” Salisbury teaming with newly released killers and felons…especially when the SPD is so grossly understaffed. Do I hear the advancing trumpets of the “Innocence Project” as they descend on the Bury?

Kenny Lane: I guess anything’s possible if you’re playing Russian Roulette with your evidence room. I located narcotics outside their assigned area, including carelessly tossed on the floor. I can’t state how that got there, or why, but I documented it and it was ignored.

Steve Mensing: When you say you documented it, you mean you sent a memo or told someone in the command staff?

Kenny Lane: Right and because of the hostile reaction I got, I also photographed the problems. I turned this in and kept a copy for myself as I strongly felt the copies I turned in would “vanish”.

Steve Mensing: Did you retain those photos? Our readers might curious to see evidence room disorganization.

Kenny Lane: I’ve got 96 photos. If you’d like to take a look at them you’re welcome to do so.

Steve Mensing: Increasing the number of persons with access to the evidence room certainly does seem to be an extremely poor decision. It diminishes accountability in a large way and increases the opportunity for either misconduct or errors. Did you have any other concerns about the people former chief Collins allowed access to the evidence room?

Kenny Lane: Yes, I did and attempted to address this with Collins, but was ignored. Sheila Lingle was given access to the evidence room. Several years back we had a shooting at Catawba college where shots were exchanged between students from Catawba and students visiting the campus from another school. This scene was processed by LaVell Lovette. She was a lieutenant with Salisbury at the time and left shortly after to accept the Chief’s position with Elon, NC. The SBI also assisted with the investigation. When the trial came up Lingle presented a crime scene sketch of the incident which was not the original Lt. Lovette had submitted. The second sketch had been changed from the original sketch and was presented as the original. The DA, Bill Kenerly at that time, elected not to pursue charges against Lingle for this which I totally disagreed with. I explained this to Collins and stated both Chief Lovette and the SBI agents, who assisted with the scene, could verify this, but he stated “it happened years ago, it’s not important” and made no effort to contact anyone. As far as I am aware Lingle still possesses access to the evidence room despite the fact she substituted evidence in a case.

Steve Mensing: Not a good idea. Recently it was established Collins was taking oxycotin at that time. What problems might that cause?

Kenny Lane: When the narcotic use is considered along with the reluctance to have a complete inventory whenever an employee was given access or access was surrendered it looks strange. These were deliberate steps taken to decrease accountability. Why, when I insisted Lt. Armour and myself be treated as a suspect and removed from the evidence room until an investigation and inventory was complete, did he refuse to remove us? Was it just muddled, incompetent leadership? Or did he not want an accurate forensic audit? If not, why? Obviously, considering what was discovered about his narcotic use, questions may arise about the security of narcotics in the evidence room. Questions likely will arise as to whether anyone may have stolen narcotic evidence, or even substituted placebos (sheet rock powder for cocaine, aspirin for oxycotin tablets, etc.) for evidence scheduled for destruction. No checks are made to determine what a substance is after that’s already been tested and ordered destroyed. There’s no way to answer those questions now because of his decisions. Were they merely incompetent choices? Or did he want those questions to remain unanswerable? Either way, it’s a nightmare for accountability.

Firearms outside the assigned firearms cage. Policy directs firearms, drugs/suspected drugs, and money and jewelry all be stored in separate secured sections of the evidence room. Photo 28 displays an evidence log sheet in the upstairs security room which should be in the downstairs lockers.

Evidence room. Picture 4 and 6 show evidence related to case 2004000147, including a fresh printed evidence label. Picture 87 shows these belong to a closed homicide case. I can not explain why these items were separate from the rest of the case or why a fresh label would have be on the printer.

Photos 78 and 79 show green vegetable material (suspected marijuana) stored outside the assigned drug storage area.

Photos 11, 12, 13. A bag of suspected drugs located in the floor near the “burn barrel”. This barrel is used for the destruction of property court-ordered to be destroyed. Drugs/weapons should be secured separately and not put in the barrel for destruction until the day they are taken to the incinerator. I can’t explain why suspected narcotics would be on the floor outside the secured narcotics area.

Photos 82 – 84 show empty rifle cases for firearm transportation to/from court and long term storage items from homicide. There was a box containing two pistols lying on this case which should have been inside the weapons storage section. No explanation of why these items were here.

Photo 21 is a crowbar with evidence labelling missing. No idea what incident this is associated with as the tag was gone.

Photo 23 is two safes used for storage of narcotics that were not secured.

Photo 40 is the firearms storage area (secured and locked apart from other items) And to the left is the safe for storage of jewelry and money. Firearms should have all been inside this secured area.

Public Announcements

♦ Today’s February 24th Rowan County Republican Candidates Forum at 6 p.m. at Catawba College at the Tom Smith Auditorium located at Ketner Hall.

Republican candidates for the Rowan County Commission, incumbents Craig Pierce, Mike Caskey, and challenger Johnny Love, will appear at 6 p.m.

Republican candidates for the NC House District 77 seat incumbent Harry Warren will face off with challenger Andrew Poston.

The forums are free and open to the public.

The forums are to be carried live on Ford Broadcasting’s WRNA 1140 and WRKB 1460 and later rebroadcast on Access 16.

The Upcoming Republican Lincoln-Reagan Dinner on March 12:

http://us2.campaign-archive2.com/?u=fa2f105b786eb1315d8d8458c&id=0af78c4b34&e=607cc7c798