Judge Arnold O. Jones' trial begins
By Ethan Smith
Published in News on October 18, 2016 10:05 AM
Judge Arnold O. Jones II
WILMINGTON -- Opening arguments from both the defense and prosecution were heard Monday during the first day of the trial of Wayne County Superior Court Judge Arnold O. Jones II.
The three-count indictment against Jones alleges that he promised a payment of a bribe to a public official, promised a payment of a gratuity to a public official and attempted to corruptly influence an official proceeding.
Jones is accused of bribing a Federal Bureau of Investigation task force officer with $100 to obtain copies of text messages between his wife -- Ingrid Lancaster Jones -- and another man who, it was revealed Monday, was a work client of Jones' wife living in Massachusetts -- named Rui Dos Santos.
Jones appeared in federal court in Wilmington Monday alongside his four attorneys -- Elliott Abrams, Glenn Barfield, Joseph Cheshire and Geoff Hulse.
The case is being presided over by Judge James C. Fox.
Several of Jones' supporters and family members were present during the first day of the trial.
Federal attorney Adam Hulbig went first during the opening arguments.
Hulbig argued that Jones abused his power as a Superior Court Judge and attempted to go outside of the law to get the text messages when he had no legal authority to do so.
According to Hulbig, Jones allegedly first asked Mike Dawson, a deputy with the Wayne County Sheriff's Office deputized by the federal government to the Drug Enforcement Administration, about how to get copies of text messages between two phone numbers.
Dawson reportedly told Jones he could access them through his Verizon account, and if it were not a phone belonging to him he then would need a search warrant.
Jones' wife works for a company making circuit boards for computers, and the text messages Jones allegedly sought were on her work phone, meaning the phone was not on Jones' shared account with his wife.
After hearing this from Dawson, Hulbig said Jones went to FBI task force officer Matthew Miller, who is also employed by the Wayne County Sheriff's Office.
Dawson and Miller are two of three total task force officers employed by the sheriff's office.
Hulbig argued that Jones pressed Miller to get copies of the text messages for him, despite Miller being hesitant, scared and saying multiple times he would need a search warrant to do so and lacked probable cause to get the warrant.
As the prosecution's opening argument went on, Hulbig detailed the timeline of the alleged offenses, which reportedly occurred from Sept. 11, 2015, to Nov. 2, 2015.
In allegedly seeking these text messages and reportedly asking Miller to step outside of the authority bestowed on him, Hulbig said Jones betrayed the charge of his office and the trust of the public he serves.
"Remember, this is a judge sitting over there, not an investigator -- he's in the wrong lane," Hulbig said.
Hulbig said Miller first went to his superiors at the sheriff's office after Jones texted him and asked about getting copies of text messages between two phones. They reportedly told him to just tell Jones no, but Hulbig said Miller was scared of what telling Jones no meant for Miller.
After several more exchanges between Miller and Jones, Hulbig said Miller reached out to FBI Special Agent Ted Lea, based in Greenville, and the investigation into Jones was launched.
Jones was indicted on Nov. 3, 2015.
Hulbig closed his opening arguments by saying Jones betrayed the public's trust and "grossly" abused the power that comes with his position as a superior court judge. Hulbig said the federal government asks that the jury find Jones guilty on all three counts of the indictment.
"The evidence will show the defendant wanted these text messages at all costs," Hulbig said.
But Jones' lead defense attorney, Joseph Cheshire, argued that Miller was not clear about what he would have to do to get the text messages for Jones, and that the FBI launched an investigation based on loose evidence.
Cheshire said Dawson was clear a search warrant would be needed to get the text messages, while Miller was not.
"He did not respond, 'No, no I can't,' He did not respond, 'I'll need to get a search warrant,' he said, 'Yes, sir I will try,'" Cheshire said, referencing a text message exchange between Jones and Miller.
He also claimed that Lea got a federal investigation rubber-stamped based only on what Miller presented to him and nothing else.
"Based on one telephone call from one deputy sheriff, they've already decided -- before they start their investigation -- they're going to charge Judge Jones with bribery," Cheshire said.
Cheshire said that when Lea contacted his superiors in Charlotte that he made sure to point out Jones was chairman of the North Carolina Innocence Commission, and seized the opportunity to take on what he felt was a high-profile case.
Cheshire also contested the notion that Miller was afraid to tell Jones no, citing Miller's position at the sheriff's office on the drug task force.
"These are the people that get all soldiered up and bang into people's houses," Cheshire said.
Cheshire argued that Miller should have simply told Jones no like his superiors at the Wayne County Sheriff's Office reportedly told him to do instead of contacting Lea with the FBI and investigating Jones for corruption and bribery.
Additionally, Cheshire claimed Miller was not acting as a task force officer during the investigation into Jones, but rather as a county sheriff's deputy and FBI informant.
"As the evidence is presented to you, don't listen to the siren's song, listen to the evidence presented," Cheshire told the jury.
There were five objections from the government during Cheshire's opening argument, four of which were sustained and one of which Fox said he would take into consideration.
There were no objections lodged from the defense during the prosecution's opening arguments.
The entirety of Monday morning was spent finalizing the jury selection for Jones' trial, and opening arguments in the trial did not begin until 2:30 p.m.
The opening arguments lasted roughly two hours combined, with court recessing for the day just before 4:30 p.m.
The jury for Jones' trial is made up of eight men and six women, hailing from counties all over the eastern part of North Carolina.
Jones' trial was to continue today at 9 a.m. The first witness that will be called will be Jones' wife.