Thursday, October 17, 2002

This post is a front page article in the October 11th edition of the Wilmington Journal (www.wilmingtonjournal.com)

He (Benson) contended, “We fought this; we won; we were vindicated…”

However, Benson said despite the fact that he prevailed, there are “people biting at my heels”. This he feels is an effort to distract him from being a public servant. He believes, “There are people who do not want me to win this election.”

And he accuses some of “abusing authority by badge and gun” in an attempt to make sure he won’t take the seat as sheriff. He pledged that if he won the election, he would bring “professionalism” back to the department.

Benson and his supporters believe that the attack on his character is retaliation for an e-mail that was forwarded to at least 500 e-mail addresses, some time ago. The 12-page document, which was sent to The Journal as well, blasts Causey for allegedly running a corrupt campaign, as well as it accuses him of participating in illegal activity in Tampa, Florida.

Although Benson stated that he believes there is some truth to the claims, he insisted that he and his supporters had nothing to do with the e-mail. (The Wilmington Journal was able to confirm with Detective Wayne Robinson of the Tampa Police Department that the e-mail does contain some true statements in a case involving both ecstasy and cocaine and $79,000. Robinson also stated that he had received numerous inquiries from Wilmington as a result of his phone number being released in the e-mail. He also stated that he was given the address of the website that contains the information in the e-mail which has given him the opportunity to review the contents of the e-mail.)


BENSON DAYS DEMOCRATS ''STOOPED TO CRIMINAL CONDUCT''
by Johanna Thatch
The Wilmington Journal
Originally posted 10/11/2002

--Candidate's personnel files are released while Democratic party chair appears on tv and accuses Benson of untruths

It is certainly not a “newsflash” nor is it “front page news” that the prevalent attitude toward the media in the African American community is often times negative. Neither is it a secret that some African Americans believe that the mainstream media often reports one-sided stories, delivering the news with favor and bias.

And perhaps it did not surprise many on Wednesday afternoon when New Hanover County Sheriff candidate Marc Benson echoed the same feelings during a press conference. His reaction was in response to a local news station, which aired a news release faxed to various local media.

Benson said that on Tuesday, October 9, Chairperson of the NHC Democratic Party Gary Shipman disclosed to the press paperwork from his personnel file and included the statement, “Mr. Benson is simply not being truthful with the public when he says he resigned from the Sheriff’s Department. It’s time that he come clean about the allegations against him while he as employed with the Sheriff’s Department, and consent to a release of his personnel file so that the public has an opportunity to assess whether he is worthy of being the Sheriff of this county.”

The statement continued, “To do anything less would be to perpetuate the cloud of suspicion that continues to hang over him.”
But Benson contends that the cloud will never disappear until his opposition “lets it die”. As a matter of fact, he deemed what some may have considered the top story, merely “old news”.

Trying his best to bottle his emotions, Benson explained that he and his family have fought a 5-year battle, struggling to uphold his character. Reviewing a packet filled with impressive evaluations and reference letters, he read aloud Shipman’s press release, which detailed the incident that Benson said has haunted him for half a decade.

The news release, which challenges Benson to “come clean”, alleges that in 1997, Benson “applied for and was reimbursed private car mileage costs in the amount of $750.88” after he was provided a county-owned vehicle in order to travel to Durham County to witness a murder trial which involved a young victim who was from Wilmington. According to Shipman’s statement, Benson was ordered to repay the monies and was later suspended for two days without pay. He was then transferred to another division, where he was once again suspended and ordered to report to the then Sheriff Joseph McQueen. Shipman alleged that Benson failed to report to the Sheriff and was therefore terminated.

However, Benson gave another version of the ongoing drama, supporting his claims with documents that clearly state not only that he resigned, but also that he left “in good standing”. Both were signed by now Sheriff Joseph Lanier.

Aside from the issue of mudslinging, Benson voiced his concerns about the “desperate measures” that were taken to disseminate personal information about his work history in the sheriff’s department. He accused conspirers of stooping to “criminal conduct” as a last resort to see his Democratic opponent Sid Causey win the seat as New Hanover County’s next sheriff. Nathan Johnson, who lost in the primary elections for sheriff, upheld the conspiracy theory, stating that he worked in personnel for 12 years, and always knew the files to be “under lock and key”. It his belief that a member of staff released the documents.

Prior to the news conference, the assistant attorney for the county, Kemp Burpeau told The Wilmington Journal that there are three legitimate ways that a New Hanover County employee’s files can be released. The first being with permission from the employee.

Secondly, the file can be released by the county, according to Statute 153A-98, if the county manager, with concurrence of the Board of county commissioners, determines, in writing, that the release is essential to maintaining public confidence in the administration of county services…. This written determination shall be retained in the office of the manager or the county clerk.…”

Thirdly, the file can be obtained through the courts. In Benson’s case, according to Burpeau, the file could have been obtained through the federal district court (where his case was filed), but not if the judge ordered the file to be sealed. (Benson’s campaign comfirmed to The Journal that his records were ordered to be sealed.)

Benson affirmed that North Carolina statutes 163-274 and 153A-98 were violated when his personnel records were dispersed and released to the news media. 163-274 reads, “…It shall be unlawful for any person to publish or cause to be circulated derogatory reports with reference to any candidate in any primary or election, knowing such report to be false or in reckless disregard of is truth or falsity, when such report is calculated or intended to affect the chances of such candidate for nomination or election.”

He expressed, “Someone may have intentionally violated my rights to privacy by stealing from my personnel file documents and using those documents to hurt my chances of running a successful campaign for Sheriff.”

Benson continued, “[A] Person or persons, media included, have quickly taken what is unproven and wrong to be truth and fact, and stated in public, facts that they have not investigated or proven to be true…”

In fact, he accused some sources of the news media of printing negative information about him but rarely placing a “camera, microphone, a pen or a pad” in front of Causey, who he claims has been no angel himself.

He also expressed that a local news station reported the story without soliciting his response when he in fact, won a wrongful termination lawsuit filed in 1998, and that he settled for an award of $215,000. He further explained that when the case was settled, it was decided that his personnel file would indicate that he “resigned in good standing”. He described the series of events in the legal battle as going “back to the future”.

He contended, “We fought this; we won; we were vindicated…”

However, Benson said despite the fact that he prevailed, there are “people biting at my heels”. This he feels is an effort to distract him from being a public servant. He believes, “There are people who do not want me to win this election.”

And he accuses some of “abusing authority by badge and gun” in an attempt to make sure he won’t take the seat as sheriff. He pledged that if he won the election, he would bring “professionalism” back to the department.

Benson and his supporters believe that the attack on his character is retaliation for an e-mail that was forwarded to at least 500 e-mail addresses, some time ago. The 12-page document, which was sent to The Journal as well, blasts Causey for allegedly running a corrupt campaign, as well as it accuses him of participating in illegal activity in Tampa, Florida.

Although Benson stated that he believes there is some truth to the claims, he insisted that he and his supporters had nothing to do with the e-mail. (The Wilmington Journal was able to confirm with Detective Wayne Robinson of the Tampa Police Department that the e-mail does contain some true statements in a case involving both ecstasy and cocaine and $79,000. Robinson also stated that he had received numerous inquiries from Wilmington as a result of his phone number being released in the e-mail. He also stated that he was given the address of the website that contains the information in the e-mail which has given him the opportunity to review the contents of the e-mail.)

Benson stated that in the meantime, he will “step out on faith”. He hopes that the SBI investigation that has been requested by District Attorney John Carriker will result in the prosecution of the perpetrator who is responsible for leaking the information from his personnel file.

He declared, “We’re going to try to put this thing to rest, where it should be, where it should have been a long tome ago…”