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Panel rules in favor of D.A. Parker
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Michael Parker listens during a hearing to evidence that suggests he should not be allowed to be on the ballot in the upcoming election.
The unanimous decision released Thursday came from representatives from the three counties Parker represents.
The five-page decision consists of 18 findings of fact by the panel, including Parker’s property holdings in Richmond and Moore counties, corroborating evidence of Parker’s testimony that his primary residence is in Marston and that an investigation into his status as a Richmond County resident was conducted by the Richmond County Sheriff’s Office from December 2009 to January 2010.
“The challenger contends that Mr. Parker has not abandoned residency in Moore County at the Terrace Ridge Farm,” the order reads. “The preponderance of evidence shows, however, that Mr. Parker’s domicile before his residency at (redacted address), Marston, N.C., was at (redacted address) Rockingham, N.C. He abandoned that domicile when he sold the home and moved to (redacted address).”
The Daily Journal chose to redact the street number of Parker’s home from its reports due to the nature of his job prosecuting criminals.
“The preponderance of the evidence further shows that Mr. Parker acquired a new domicile at (Marston) in 2004 and actually resides at that place at the present time,” it continues. “Mr. Parker has shown by a preponderance of the evidence that he intends to make his domicile at (Marston) a permanent domicile.”
The decision also states an investigative log of Parker’s comings and goings in Marston, and the testimony of his neighbors, which went along with his contention that he spends weekdays in Marston and weekends in Moore County.
The decision also acknowledges Parker’s testimony his wife and two sons spend the majority of their time on the family farm in Moore County, but he considers it a secondary residence.
The challenge to Parker’s candidacy was first filed by Lilesville resident Faye Gathings at the Anson County Board of Elections on Feb. 25.
Parker testified at the hearing that he has been a resident of Richmond County since “about 2001,” and has lived in Marston since 2004.
Parker was appointed to the vacant office of North Carolina Prosecutorial District 20A District Attorney by the Easley Administration in 2004, then was elected to a full term in 2006.
He is seeking another four years as the lead prosecutor in Richmond, Anson and Stanly counties in 2010.
Parker faces a challenge from fellow Democrat Reece Saunders in the May primary. No Republican candidate registered for the election.
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Michael Parker's favorable ruling was because of the preponderance of the evidence. It was overwhelming. In fact, had time permitted, much more evidence confirming his residency in Marston would have been introduced.
Richmond County Sheriff Furr testified that he initiated the investigation several months after being asked by a Superior Court Judge from Statesville. Judge Collier has yet to confirm that request.
A number of questions arose from Michael Parker's residency challenge which remain unanswered.
Richmond County Sheriff Furr and Chief Deputy Sweatt both testified that they openly support Michael Parker's opponent - career criminal defense attorney Mr. Saunders. Sheriff Furr contributed $1,000 to Mr. Saunder's campaign and Chief Deputy Sweatt rented a facility and paid for the food for a fund raiser for Mr. Saunders.
Why did Richmond County Sheriff Furr investigate instead of the State Bureau of Investigation who is charged with the responsibility to investigate elected officials? I think Sheriff Furr's conflict of interest alone should have required him to ask the SBI to investigate. If, of course, there was any real reason to investigate in the first place.
How did what appears to be confidential information contained in Sheriff Furr's investigative file show up in Ms. Gathings' complaint? Chief Deputy Sweatt testified, under oath, that she asked for the information and he told her it was confidential and could only be obtained by supoena.
Why was the challenge to Michael Parker's residency made after the filing deadline, and shortly after, career criminal defense attorney Mr. Saunders filed? Was the reason for the challenge an attempt to disqualify Michael Parker leaving only Mr. Saunders on the ballot? That would eliminate the need for Mr. Saunders to campaign on his merits and insure we, the voters, had no choice in this election.
Why was a partial 9 page surveillance log Sheriff Furr introduced into evidence not the 22 page complete log? Was it because the pages not introduced showed Michael Parker more often at his home in Marston?
Why did Richmond County Commissioner Mr. Robinette telephone Michael Parker's next door neighbors and ask them to deliver a written statement regarding his residency?
I believe those statements confirmed that Michael Parker lived in Marston. Why then were those statements not introduced into evidence?
I understand that Mr. Saunders was appointed to fill a District Court Judge vacancy for a couple of years in the 1980's. He quickly returned to private practice as a career criminal defense attorney. If elected, would Mr. Saunders be entitled to receive State retirement benefits, which I think could amount to some $80,000 per year and health care insurance after serving a couple of years as District Attorney?
Judge Brewer has expressed his desire to become District Attorney. As we all know his former tenure as an Assistant District Attorney was bruised, along with former District Attorney Mr. Hunneycut, when questions were raised regarding witholding evidence. Judge Brewer appears to support Mr. Saunders. I understand that on the day of Michael Parker's residency hearing, in Richmond County, they drove together to Stanly County where Mr. Saunders introduced himself to the people who are employed there. Happenstance?
Is it possible that a plan was made to have Mr. Saunders the only candidate on the ballot? Was part of the plan for Mr. Saunders to resign after enough time to qualify for retirement benefits and assist Judge Brewer in obtaining an appointment to fill the position?
These questions have been asked for weeks and the silence is deafening.
District Attorney Michael Parker has some 20 years experience as a prosecutor. His intitiates in our Judical District have reduced Domestic Violence, other violent crimes, and introduced science as investigative tools. Science tht has already paid great dividends in convicting the guilty and exonerating the innocent.
I support District Attorney Michael Parker as OUR District Attorney and more importantly a free and open political process.