It’s now been seven long weeks since the Hoke and Scotland County Gaming Task Force, led by District Attorney Kristy Newton, forced the closure of over twenty-one businesses and put over a hundred-plus citizens out of work. It’s been seven weeks since law enforcement officers, under the direction of Mrs. Newton, raided and closed the Carolina Cyber Center confiscating computers and software. And still, no charges have been filed.
When Robert Outlaw was charged not so long ago, during the first Internet Sweepstakes closures a couple of years ago, he fought the charges and was found “Not Guilty”. The charges were dismissed and it was noted in the court documents that, ” “Based upon the FORGOING FINDINGS OF FACT, the court concludes as a matter of law: That the “Blue Diamond pre-reveal Sweepstakes system” is not in violation of NCGS 814.306.4.”
So then, on July 1, 2014, law enforcement raided and closed Mr. Outlaw’s business, despite the fact that the software he had available had been found totally legal and in compliance by the NC Courts and despite this being a clear violation of the United States Bill of Rights, Amendment 5 (Rights of Persons). It says, “nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb”. Oh, wait a moment. It’s not a violation of the 5th Amendment because the Officers didn’t press charges. They just closed the business and confiscated the computers and software. Very clever and very sneaky.
But what about that pesky little 4th Amendment in the Bill of Rights that talks about illegal seizures. Wouldn’t going into a business, forcing them to shut their doors and close, and confiscating their equipment despite the facts that they are totally legal and in total compliance with state law, as already recognized by the courts, fall under the topic of illegal seizures? And if what I’ve heard from sources inside the Sheriff’s office are true, the machines have already been ordered destroyed, which makes it even that much worse.
The bottom line here is that by not pressing charges and not allowing Robert Outlaw, and by association, all of the Sweepstakes businesses their day in court, Mrs. Newton is not only denying others of fairness and justice, but is also quite likely in violation of the United States Constitution and probably several other laws as well. Why? Why is she playing these games? What is she afraid of?
District Attorney Kristy Newton needs to step up and explain this to the citizens of Scotland County. Why won’t she allow Mr. Outlaw and the Sweepstakes owners their day in court? Why did she allow the raids and closures when the courts had already declared that some machines at least, were in absolute compliance with the law and legal? Her job is to uphold and defend the laws of North Carolina and the Constitution of the United States and it appears, to me at least, that she’d rather just play these childish games. We have questions, Mrs. Newton and it’s time we had some answers as well. If Mrs. Newton can’t, or isn’t willing to supply those answers and quit with the stalling tactics, maybe the best thing would be for her to just resign from office and allow someone who’s willing to follow the laws and allow justice and constitutional rights to have their day in court.
Think about it.
Douglas Maynard