If it happened, it's news to uf No. 24 Vol. 96 •r •xfc CoUfVlTV PJ.C. Wednesday, September 3, 2003 McPhatter’s lawyer wants DA excluded Thompson says Newton could be a witness, plans to file motion to seek new prosecutor 13> Vi( roRiANA Summers Staff writer Ract\)riJ atloriK’N Gregory Thompson confirmed yesterday he is filing a motion in Superior Court this week trr request District Attorney Kristy New ton and her staff be forbidden from prosecuting the upcomingemlxYzlement trial of Bernice MePhatter. “We v\ant a fair and just trial,” Thompson, de fense attorney for MePhatter, said. “Mrs. Newton is going to be served a subpoena. “She could be a potential witness in the case for the defen.se.'■ Thompson declined to say why Newton would be considered key among witnesses called on be half of MePhatter. When filed. Thompson s motion w'ill not be heard until the next session of Superior Court on September 22. Superior Court Judge Jack Thomp son. presiding on the bench until December, will evaluate the merits of Thompson’s request. Newton has been preparing for the October 6 trial in lloke'sSiiperiorCourtof McPhattcr.former county manager, on allegations that she embezzled $264,347.40 of county funds. Close to 40 witnesses for the prosecution have already been subpoenaed by Newton. When contacted. Newton declined to comment at this time. Last month. Newton announced she would be the sole prosecutor to try the MePhatter case. According to the pending motion, Thompson is requesting that Newton be specifically “disquali fied” to prosecute the case as well as the assistant district attorneys employed in District 16A, which covers Scotland and Hoke counties. MePhatter. who simultaneously served as Hoke county manager and finance director, is charged with four counts of embezzlement for allegedly stealing county moneys between July 1444 and November 2()()(). and 64 counts of alleged forgery and uttering. Asset forth in the motion. Thompson is alleging during the course of Newton's criminal invc.stiga- tion of MePhatter that she obtained information concerning the possible “misconduct” of other county employees. The motion also alleges New ton examined possible illegal activities by these employees, who remained unnamed publicly. The motion being filed in an attempt to dis qualify New ton as prosecutor also refers to meet ings that allegedly took place between “certain” commissioners and separately with County Attor ney Neil Yarborough with her prior to McPhatter’s resignation. These meetings occurred prior to the indictments handed down against MePhatter and preceded the SBI criminal inquiry. Thompson thinks the prosecution of the case may be somewhat tainted because ofthe alleged internal speculation of county officials whoallegedly soughtadvice from Newton without first entering into an official SBI probe. Thompson’s written request to the court will allege that Newton would not be able to “dis charge” her duties "impartially” because of her close involvement to the case and being acquainted with numerous citizens being called as witnesses. McPhatter’s impending trial was preceded by a lO-month investigation by the State Bureau of Investigation. Upon examination of the SBI’s find ings, Newton presented reeommendations in Au gust 2002 for indictments on alleged embezzle ment, forgery and uttering against MePhatter. The Grand Jurv approved these indictments leading to {See MCPflA TTFR TRIAL page 3A) Michael Maurice "Pistol” Monroe is transferred to a federal prison after being served warrants by the U.S. Marshal’s office. Suspected drug kingpin moved to federal prison 11 By Victorian-v Summi rs Staff writer Suspected drug kingpin Michael Maurice “Pistol” Monroe was transported to federal prison last week on more narcotics charges stemming from an alleged drug conspiracy, according to Sheriff Hubert Peterkin. Monroe was arrested in July by the Hoke Sheriff’s Office during a multi-task force drug raid. He was detained in the Hoke County Jail on a $ I million secured bond where he faced charges for alleged drug trafficking. On Friday, Monroe was transported to a High Point federal deten tion facility to await a trial that will be pros ecuted by the U.S. Attorney’s Office. An additional federal warrant was served last week by the U.S. Marshal’s office. The addi tional charges were filed by the U.S. Depart ment of Justice, accusing Monroe of allegedly conspiring to distribute cocaine base (crack) and distribution of crack cocaine. “His arrest on a federal level without bond is a direct result of a joint major drug bust we initiated almost two months ago with the coop eration ofthe Raeford Police Department,” Sher iff Hubert Peterkin said. “This investigation is {See SUSPECTED KINGPIN, page 7A) Ashley Heights exec stole $1 million in straw Phil Diehl remembered 1B V ‘ * Burlington helps Pillowtex jobless ] * Soldier dies in burning truck Bucks win in football thriller " 4 A Births 2B Busioess/Fcirm 3B Cnlendnr 2B Classifieds 4-5B Deaths 6A Editorials 2A Legals 3B Public Record 6A Religion 8A Sc hools 2B Sports 4-5A Hoke’s top stories are on the web; send us stories, subscribe www.thenews-journal.com By Victoriana Suvimi ks Staff writer A formergeneral manager of Southland Pine Needles in Ashley Heights was con victed of a $1.1 million embezzlement scheme by a Guilford County Superior Court last week. “James Jordan Cobb III was a trusted employee, but there were no “checks and balances,” to stop his illegal activities,” said Sherry Augustin, a Southland em ployee whose suspicions led to Cobb’s arrest. “He was fired after the company found out w'hat he had done. "The embezzlement was discovered after a Cary customer informed the Greensboro office that Mr. Cobb was selling pine straw directly to them,” she said. “Southern Importersdid not know about the customer.” Cobb, a Pinchurst resident and also former part owner of Southland, pleaded guilty to misappropriating company. In what was one of the largest embezzle ment scams in Hoke County’s history, the fraud scheme was also the largest ever prosecuted in Guilford, headquarters of Southland’s parent company. Southern Importers. Cobb was sentenced up to 10 years in the N.C. Department of Correction after charges of corporate malfeasance and embezzlement were consolidated. He was also ordered by Superior Court Judge Meizcr A. Morgan Jr. to pay $135,400 in restitution for the crimes he committed. Cobb apologized to the court for his behavior, according to Augustin, who was required to testify for the prosecution. She said Cobb requested the judge to temporarily release him so he could take care of his personal affairs prior to serv ing his sentence. “The judge denied his request,” Augustin said. In 1999, Augustin told a Southern Importers executive she thought “some thing was not right” and Cobb might be doi ng some t h i ng i 1 legal. However, no one responded to her concerns until May of 2001 when an investigation was launched. Greensboro-based executives traced four bank accounts established by Cobb. At four different banks in Moore County, Cobb was funneling company profits into his own accounts unbeknownst to South ern Importers, a fraud accountant testi- (See EMBEZZLED, page 7A) County to crack down on waste dumping, littering By VirroRiANA Summi rs Staff writer Trash dumpers and litter bugs beware! The solid waste ordinance is being re written by Solid Waste Director Don Russell. The board of comm issioners wi II be able to utilize an improved ordinance to enforce solid waste violations that re quire court action or ticketing for viola tions, according to Commission Chair man Bobby Wright. To prevent people from dumping refuse around the county, the board also unani mously approved deputizing solid waste officer David Smith. Not only will Smith patrol, he will wear an official Hoke Sheriff’s Department badge, carry a weapon, and ride in an official patrol vehicle with blue lights and a siren. “A judge said we need a policy so people can be prosecuted forthrowingout their trash,” Wright said. “We have had complaints from citizens about people dumping trash on their property. “This will help to clean up the county.” Commissioner Jean Powell agreed with Wright, saying it will be a good thing to improve the ordinance and have Smith report to the Hoke Sheriff’s Office to interact with solid waste. “1 hear a lot of problems about trash being dumped,” Powell said. “It is frus trating.” Commission Vice Chairman Charles V. Daniels also supported the new policy and Smith’s patrolling. “I think a badge and a gun has an impact,” Daniels said. “I have also heard we have some problems with our junkyards that need to be cleared up.” Smith thanked the board for the oppor tunity of allowing him to enforce the solid (See LITTERING, page 5A) rrhc News-1 lournal News OLh|^ stuff niT By Ken MacDonald General Manager They say a 16-foot Hobie sail boat will do eight knots in a 25 m.p.h. wind w'ithout any sails - just from the wind pushing the mast alone. That’s what 1 was thinking about as 1 tried to make this 6’5” body push a 3()-y ear- old Schwinn bicycle through a headwind Monday during the Toure De Moore bike race in Southern Pines. Do shorter people have tocontend with such problems? Then there’s that 30-year-old bicycle issue. I bought that bike when I was a sophomore in high school to replace another that had been stolen. The first’s odometer indicated more than 10.000 mile.s, mostly racked up ridi ng around Raeford in the days before I finally turned 16andgot (See OTHER STUFF, page 7A) K-9 Graduates Shown after graduation from the K-9 academy in Fayetteville are Corporal Whiteford Johnson ofthe Hoke Sheriffs Office accompanied by "An gel," a Dutch shepherd; SgL Tracy Campbell, Fayetteville Police Department K-9 team leader and training supervi sor; Tonnie Boeijen, owner and supervisor of Four Winds Policedog Center in The Neth erlands; Hoke Chief Deputy Troy McDuffie and Corporal Joseph Snowden ofthe Sheriff s Office with "Aron," a Belgium Mallinoir. Angel and Aron re- cendy joined the new Hoke Sheriff s Office K-9 squad. JO{ i JV 'Stti