Dec. 21, 2014 |
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The criminal complaint document states that Curry used the information for personal gain OR another person's gain OR to intentionally cause harm to another ... meaning there are more possibilities than the reported allegation above of Curry using the info only for personal gain. In other words, he could have used the illegally obtained information for a number of reasons aside from personal gain.
You are correct, of course. It's bee updated, and thanks for the input.
We appreciate your reporting, Shaun.
Yes, you don't have to say "of course". Really. You don't.
This may be a dumb question, but if he's found innocent would the ouster continue? Are the allegations enough for the ouster to continue? I assume that there has to be some sort of factual
basis for the ouster proceedings to take place.
I'm not saying he's guilty or that he's innocent. I'm just curious as to what would happen if he's acquitted or if for some reason teu decline to peruse the charges in court.
Good question. I'm no legal expert, but I imagine the ouster proceedings would be suspended or retracted should Curry be deemed innocent. That, or if the trial was dismissed.
Technically the two cases (ouster and criminal prosecution) involve different elements and different standards of proof. He could be ousted and then acquitted (or the other way around) just as OJ was acquitted but then found civilly liable for the same killing.
In any other job a person would be fired without question innocent or not. Far as I am concerned the damage is done and so should the sheriff. He put himself under the microscope, now its time to pay the piper. No need for hearings and all that jazz.. Just can him and move on
He's an elected official. That's why the Franklin County attorney filed a petition for ouster.
Any elected official is entitled to maintain that office and draw their regular salary until the occurrence of one of four events:
1) The term expires.
2) They resign
3) They are ousted.
4) Death of the official.
Because of due process requirements, it takes at least two months to remove a public official. Therefore, it is prudent to commence removal proceedings immediately because the longer you wait, the longer that official remains in office drawing a paycheck and possibly doing the public more harm.
I know of at least one case where the public official refused to resign in order to continue to collect a paycheck, only to resign shortly before the final court proceedings were scheduled to begin. Case in point, Mike Goodrich, former Cherokee County Attorney, who was convicted of accepting favors from a strip club in exchange for fixing tickets. Although Goodrich abandoned his office after being arrested, he he refused to resign until the last minute, earning a few more months of paychecks.
NOt a good idea if there is a chance you will be convicted and subject to a jail sentence. Judges don't like public officials who continue to milk the public after their hands are caught in the cookie jar.
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