Posted on 10/09/2007 7:10:23 PM PDT by DAVEY CROCKETT
County settles lawsuit Woman claims Allen made sexually explicit comments
Tuesday, September 25, 2007 8:03 PM CDT Bryson City – Cherokee County has settled a sexual harassment lawsuit filed by a former employee of the building department, according to a document filed with the U.S. District Court.
The case was settled during a mediation session officiated by C. Frank Goldsmith Jr. on Sept. 13. The settlement agreement must be filed with the court within 10 days of the agreement, according to the document. Terms of the agreement were not available at press time Tuesday. Attempts to reach the plaintiff’s attorney, Karen Patten, and the county’s attorney, Sean Perrin, were unsuccessful.
A former county employee filed suit against Silas Allen, head of the county’s building department, for allegedly touching her improperly and making sexually explicit comments during her more than two years of employment in his department. The lawsuit was filed in U.S. District Court on Aug. 11, 2006.
County Commissioner Dana Jones and former commissioners Earnest Jones and Barbara Vicknair were named in the lawsuit because they failed to act on the employee’s complaints concerning Allen, according to the lawsuit. The commissioners and Allen allegedly did not give the 29-year-old woman a deserved pay increase and promotion because of her gender.
The woman quit her job as office manager in February 2005 due to Allen’s alleged behavior and because county officials denied her the requisite pay grade for her position, according to the lawsuit. The suit demanded the woman be compensated with front and back pay, compensatory and punitive damages, restatement of employee benefits and litigation expenses.
By JEFF FISHER jfisher@cherokeescout.com Tuesday, September 25, 2007 8:03 PM CDT SCOTT WALLACE/Cherokee Scout Lonnie Oliver testifies during his trial on Sept. 19. Oliver, a former Murphy High School science teacher, was quickly found not guilty of sexual battery by a judge on Sept. 19. Oliver was accused of physically violating a female students. Murphy – Lonnie Oliver was acquitted of a sexual battery charge on Sept. 19 in Cherokee County District Court, exonerating the 53-year-old former Murphy High School teacher of allegations that he engaged in sexual misconduct with a female student.
Judge Danny Davis returned a verdict of not guilty after 10-15 minutes of deliberation, concluding the roughly five-hour trial. Davis did not elaborate on his decision nor offer any explanation regarding his ruling.
On Jan. 25, a 15-year-old student in Oliver’s environmental science class told Principal Jerry Brackett that she’d been physically violated by Oliver during a second-period lab exercise. During her testimony at the trial, the plaintiff said while she was bent over and reaching down into a drawer for a beaker in back of the classroom, Oliver passed behind her, pressed his left hand across the breadth of her backside and made a suggestive “moaning” noise.
“I could feel every bone in his knuckles,” the plaintiff said, her voice quavering as she recounted the experience.
The alleged incident came on the sixth day of the semester, after the plaintiff said Oliver already had established a pattern of inappropriate behavior that included winking at her, touching her on the shoulders, reaching across her chest to turn pages in her textbook, frequently positioning himself near her in the classroom and staring at her.
The classmate in the closest proximity to the plaintiff when the alleged incident occurred on Jan. 25 testified that she observed Oliver touching the plaintiff on the shoulders and turning her textbook’s pages in previous classes. Working alongside the plaintiff during the lab, the classmate said she felt Oliver brush behind her, though he didn’t make contact with her. After noticing Oliver pass, the classmate said the plaintiff asked her if she’d seen what just happened.
“I’m not sure if it was an accident, but he had a lot of room to walk around,” the classmate said, adding that she heard Oliver make the “moaning” sound the plaintiff described, which was different than when Oliver cleared his throat as he regularly did during classes.
“He just seemed to give her more attention than anyone else in class,” the classmate said.
The plaintiff’s other lab partner on Jan. 25 testified that she’d neither heard Oliver’s alleged moaning nor the plaintiff’s initial claim about being touched. She added that Oliver never made her feel ill-at-ease in his classroom nor did she see him act improperly with the plaintiff.
Of the four student witnesses in Oliver’s second-period class on Jan. 25 that testified for the prosecution, the plaintiff excluded, none had anything negative to say about Oliver’s teaching abilities. However, two said they’d seen Oliver display affectionate gestures that were reserved to his interaction with the plaintiff.
Bethany Stalcup, a therapist who primarily works with children for Appalachian Counseling, began sessions with the plaintiff in early March. Stalcup testified the plaintiff suffered from symptoms consistent with the trauma she claimed to have endured in Oliver’s classroom and was diagnosed with a “non-specific” anxiety disorder.
Oliver’s attorney, Jerry Townson, argued during his cross examination of Stalcup that the plaintiff already was under a great deal of stress because of existing “family problems.”
“I definitely think the death of her father impacted her mental state,” Stalcup said. However, she added that the plaintiff’s symptoms reflected the strain associated with the aftermath of what she believed Oliver had done to her.
Despite not being notified by Cherokee County Schools of the alleged incident, the Cherokee County Sheriff’s Office learned of the student’s accusations weeks later and initiated a criminal investigation, which resulted in Oliver’s arrest on March 22. Oliver was suspended with pay from his teaching duties the following day.
While interviewing Oliver, Investigator Roger Williams said Oliver maintained that he didn’t know the plaintiff and was “very adamant” that he’d never touched her.
Williams added that the plaintiff “remained steady in her statement” throughout the investigation.
After Davis denied the defense’s motion to dismiss the case on the grounds there was no evidence Oliver actually touched the plaintiff at all, let alone in a way that warranted a sexual battery charge, Townson called Oliver to the stand.
“I don’t touch girl students,” Oliver said, responding directly to the allegations. “I don’t allow myself to be caught in a room alone with a girl student. ... I didn’t even know [the plaintiff] until today.”
Oliver said after Murphy High Principal Jerry Brackett informed him of the plaintiff’s claims, Brackett had to retrieve a yearbook from Murphy Middle School to show Oliver a picture of the plaintiff so he could avoid any further contact with her. From then on, Oliver said, “I just tried to avoid dark-haired girls.”
In regard to his second-period class on Jan. 25, Oliver said, “The class period went smooth.”
Brackett, who led an internal investigation after the plaintiff told him of the alleged incident with Oliver, testified that no previous principals Oliver worked with during his 30 years as a teacher recalled a problem with Oliver and female students. He added that he’s seen nothing during his five years as Oliver’s principal that could be construed as inappropriate behavior.
Sheila Snow, wife of former judge and state Sen. John Snow (D-Murphy), testified as a character witness for the defense. A fellow teacher of Oliver’s for 25 years at Murphy High, Ms. Snow said she never saw Oliver engage in behavior with female students that was unprofessional.
“I think he’s a very moral man,” Ms. Snow said. “I’ve trusted him with three daughters and one son.”
In Townson’s summary, he again argued that all evidence against Oliver was circumstantial at best, calling him an innocent man with “impeccable character.”
Oliver declined to comment about the verdict.
Assistant District Attorney Melissa Jackson said it was difficult to convict Oliver because of the way the legislation is written concerning his charge. She added that school officials’ decision to take on a criminal investigation may have compromised the case.
School Superintendent Jeanette Hedrick said Oliver’s previous teaching contract with the county expired on June 30, adding that Oliver retired in 2004 and has been working on a year-to-year basis since. She said Oliver could apply for any open teaching positions.
“I have no comment,” the plaintiff’s mother said. “Who says it’s over?”
http://cherokeescout.com/articles/2007/09/25/news/doc46f961f05f489111856574.txt
Tuesday, October 2, 2007 8:02 PM CDT Former Murphy High teacher was ‘Nifonged’
Why in the world does North Carolina have such overzealous investigators? Cherokee County Sheriff’s Office Investigator Roger Williams and Assistant District Attorney Melissa Jackson should be ashamed for submitting former
Murphy High School science teacher Lonnie Oliver to a terrible indictment of sexual battery.
To make matters worse Jackson complains that the law was too difficult to prosecute and that school officials intervened in a criminal case. Jackson was just wanting a conviction to brag to the voters about. Williams invited himself to the investigation for a chance to get his picture in the paper and possibly a notch on his gun after hearing about the case.
The fact that it took the judge 10 minutes to find Oliver not guilty should tell us something. How much time and money was devoted to this investigation? After all, the school had been investigating, as it should have been, for several weeks.
Luckily, Oliver had a good lawyer and impeccable character witnesses like Sheila Snow or he would be doing 15-20 years.
The good people of Cherokee County deserve better. It is no wonder our kids hate this county. We should ask their opinion of all of this. Thanks for Mrs. Snow for speaking up for this honorable person. Remember, we need good teachers and good leaders in charge. I know that we have not heard the last of this indictment.
Meanwhile, we have alleged sexual harassment going on against a county employee. Why hasn’t Williams investigated this situation? I understand the county paid the woman off with big money, and Silas Allen admits no guilt and stays on the job.
Apparently, with both of these charges on the front page and the county going broke, we have to decide who we put in jail – a highly credited teacher or a county employee. Both are accused of the same crimes. Either way, we taxpayers lost big time.
If Oliver so desires, he could sue the county, Williams and Jackson. He could own the county and put whoever he wants in his own new jail. He also could ask the state attorney general to investigate Williams and Jackson.
We have got to use common sense and quit trying to put people in jail for votes. I assure you there are state and federal officials more than willing to have a look-see.
We have got to use common sense and quit trying to put people in jail for votes. I assure you there are state and federal officials more than willing to have a look-see.<<<<
Davey, I would bet that this is the answer to a lot of the lawsuits that I see reported.
Votes and making a name for themselves.
It is the same all over the country.
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