Cherry: details of internal investigation on truthfulness charge

Greensboro police Capt. Charles Cherry faces a termination hearing tomorrow based on an allegation that he violated the department's truthfulness directive. A memo from Cherry to City Manager Rashad Young today details an internal investigation into whether the suspended police captain was untruthful in his representation of former Chief Tim Bellamy's involvement in a federal discrimination lawsuit.

From the memo:

On July 16, 2010, while I was in the professional standards division, I spoke with Sergeant AT McHenry, and Corporal MJ Harris was present. Sergeant McHenry is investigating me regarding an alleged truthfulness violation. Sergeant McHenry stated to me that based on a complaint I had filede, he had spoken again with attorney Ken Free. Sergeant McHenry stated he needed me to waive attorney client privilege to confirm some allegations I had made in my document. I stated, "Why didn't you just ask Ken if he told me that Bellamy was on the lawsuit and he would've told you yes? Why didn't you ask Ken if he told me that Bellamy was off the lawsuit and he would've told you yes?" Sergeant McHenry then replied, "I did ask him, and you know what he said? He (Ken Free) said, "I don't recall. You (Cherry) should get your facts straight."


Handwritten notes submitted to Young that Cherry represents as being McHenry's interview notes include the following (some parts are illegible): "Ken Free interview; 6-25-10; he has never represented Chief Bellamy on any lawsuit"... "His group sent out the forms — because there were so many to do individually — ones returned became part"... "Asked if he remembered telling anyone that Chief Bellamy had signed on to the lawsuit or signed a complaint — does not recall."

Cherry remarks, "If attorney Free does not recall if he told anyone that Bellamy had signed onto the lawsuit or signed a complaint, that means attorney Free could have told someone, 'Bellamy is on the suit and Bellamy is off the suit.'"

Based on McHenry's notes, Cherry characterizes the professional standards investigator's representation that he asked Free whether he ever told anyone that Bellamy was on the lawsuit and then off the lawsuit as a "lie."

Cherry said Free has told him that McHenry has requested that he possibly be a witness for the department at tomorrow's termination hearing.

Cherry suggests that McHenry's handling of his investigation undermines trust in the professional standards division.

"I believe Sergeant McHenry's actions support Assistant City Manager Mr. Michael Speedling's statement, to [Officer Joseph Pryor], that the results of the officer's investigation is due to 'incompetence or discrimination,' on the part of professional standards."

Meanwhile, District 3 Councilman Zack Matheny has requested that the Rev. Cardes Brown, president of the Greensboro branch of the NAACP, desist from sending him further e-mails calling for a US Department of Justice investigation of the police department.

Yesterday, Matheny replied to the NAACP e-mail, carbon-copying the city manager and interim Chief Dwight Crotts, among others:

I receives another request from these people. I have responded 4 times.

Is there any precedent for legal action or charges of harassment that
can be taken if they continue to harass me for something I have
already responded to?

Rashad, Denise, Dwight,

Please respond,

Zack

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