Pubdate: Thu, 10 Jun 2004
Source: Fayetteville Observer (NC)
Copyright: 2004 Fayetteville Observer
Contact:  http://www.fayettevillenc.com/
Details: http://www.mapinc.org/media/150
Author: Venita Jenkins

ROBESON DA MAY BE CALLED AS A WITNESS

LUMBERTON - A Robeson County Superior Court judge on Wednesday heard a
motion to remove District Attorney Johnson Britt from a case because
of a potential conflict of interest.

Britt is prosecuting a case against a Robeson County deputy charged
with obstruction of justice. Lawyers for Lt. Roger Taylor say they
plan to call Britt, Assistant District Attorney Stan Todd and other
members of the district attorney's staff as witnesses in Taylor's trial.

Taylor, the commander of the Sheriff's Office communications division,
was charged in September with two counts of obstruction of justice and
one count of conspiracy. All of the charges are felonies. He has been
suspended without pay.

Taylor is accused of withholding information about an informant's role
in an undercover operation in November 2001, court records say.

Britt asked for the investigation in April 2002, after questions arose
about the incident. Investigators say Taylor and Robeson County
Sheriff's Sgt. J.W. Jacobs allowed Scott Eugene LaClaire, a convicted
felon, to carry a 9 mm gun during a sting operation that led to three
arrests.

Thomas Hicks, one of Taylor's lawyers, said there could be a potential
conflict if Britt is called to testify. He cannot prosecute the case
and also serve as a witness, Hicks said.

"I cannot see the state being able to prove that there was an
impediment of justice without Mr. Britt's testimony," Hicks said.

Britt said he does not plan to testify in the case.

"It is not necessary," he said.

Hicks said there are procedural questions that Britt should answer.
Britt said assistant district attorneys could testify about office
procedures.

Superior Judge Robert Floyd said he would rule on the matter at a
later date.

Charges against Taylor stem from a home invasion in November 2002, in
Red Springs. He and Jacobs also are accused of trying to impede a
State Bureau Investigation probe into the incident.

Jacobs, who is 44, works in the Drug Enforcement Division. He was
charged with obstruction of justice and conspiracy and was suspended
without pay.

Sue Berry, another of Taylor's lawyers, asked the court for specifics
on the state's claim that Taylor lied or fabricated information to
investigators. The information is needed to develop Taylor's defense,
she said.

"Based on the language of the indictment and the material provided, we
are not able to determine what was fabricated or a lie," she said. ".
The defense is not able to go forward."

Britt said, "The state's position is that the entire statement by Mr.
Taylor to the SBI is a fabrication."

Floyd asked the state to file a summary of what it contends is
fabricated and what information it believes Taylor tried to conceal
from investigators. 
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