Legal Ethics

N.C. Law Firm's Claimed Role in Serving Warrants on Witnesses Sparks Mistrial

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A judge in Alamance County, N.C., has declared a mistrial, after attorneys at a local defense firm were accused of playing a role in persuading the sheriff’s office to serve warrants from several years previously on two government witnesses who were testifying in a kidnapping and attempted rape case.

In an order today, Judge James Spencer says an investigation is now being conducted to determine whether Liberty Law Center attorneys David Remington and Kelly Fairman may continue to represent the defendant in the case, reports the Times-News.

Ordinarily, the county district attorney would determine whether to reinstate charges in older cases involving relatively minor offenses and serve warrants on the defendants. But here the lawyers are accused of doing an end run around the DA and directly asking the sheriff’s office to serve the old warrants, the newspaper recounts.

The timing of the warrant-serving incident raises “serious legal issues and professional questions” concerning the defense lawyers’ motivation, says Rob Johnson, the district attorney.

However, Sheriff Terry Johnson—whose officers served the warrants without any OK from the DA—says his office did nothing wrong. Johnson noted that his daughter works at the law firm.

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