RALEIGH, N.C. — A judge's refusal to dismiss charges against two people linked to investigations of unreported private flights by North Carolina Gov. Beverly Perdue's 2008 campaign means the case's first trial is slated for next month.
Judge Abraham Jones denied motions argued by lawyers for Perdue campaign donor "Buzzy" Stubbs and former Perdue aide Juleigh Sitton, both of whom are charged in Wake County court with obstruction of justice and causing Perdue's campaign to file false campaign reports.
In a three-page order sent to attorneys Thursday, Jones gave little explanation why he ruled on the side of Wake County District Attorney Colon Willoughby, who late last week during a court hearing argued his investigation and indictments were lawfully carried out. Jones had expressed skepticism during the hearing about some of the arguments made by the defense attorneys.
Stubbs attorney David Long declined to comment on the order. A lawyer for Sitton didn't respond to email and phone messages. The next step, barring another order, is going to trial. Willoughby has said he wants to try Stubbs first, the week of June 11. Both defendants have pleaded not guilty to the charges.
Stubbs is accused of providing more than $28,000 in undisclosed flights for Perdue's campaign from early 2007 until just before the November 2008 election, paying for them through his law firm.
The indictment accused Stubbs, a New Bern attorney and law partner to Perdue's late first husband, of failing to report the donations to the Bev Perdue Committee or the State Board of Elections. It also alleges Stubbs sought to conceal those donations in the 2008 campaign's final days by contending they were for the state Democratic Party. State law prohibits campaign contributions by law firms and corporations.
Judge Abraham Jones denied motions by lawyers for Perdue campaign donor "Buzzy" Stubbs and former campaign aide Juleigh Sitton.
The indictment accuses Sitton, from Morganton, with hiding from state election officials how she received an additional $2,000 per month while working for the Perdue campaign through an agreement reached between a Morganton businessman providing the funds and Perdue campaign finance director Peter Reichard. Sitton later became the director of the governor's western North Carolina office.
Reichard also was indicted in November but entered a felony plea a couple of weeks later for hiding the money that padded Sitton's campaign salary. He received a fine and probation.
Attorneys for Stubbs and Sitton argued in court and in documents that their clients didn't participate in obstruction of justice and that it was the responsibility of Perdue's campaign, not their clients, to report any payments or donations on campaign finance reports. The lawyers also argued charges should be dismissed because they should be prosecuted in their home counties and that Willoughby lacked authority to ask a State Bureau of Investigation agent to assist him with the case.
"The court determines that defendants' motions are without merit and are therefore denied," Jones wrote in his order filed late Wednesday.
Perdue hasn't been charged with any wrongdoing. Willoughby has said she wasn't the focus of his investigation.
The State Board of Elections in August 2010 fined the Bev Perdue Committee $30,000 for failing to report at least 42 flights on private aircraft in a timely manner. The board didn't refer the case to Willoughby for potential criminal charges, but he decided to examine the case anyway.
Perdue isn't running for re-election in November.