Judge lets indictment stand: Ex-aide to Easley had asked court to drop charges

By: JournalNow Staff | THE ASSOCIATED PRESS
Published: April 02, 2010

RALEIGH --

A federal judge has declined to dismiss any of the felony counts against an ex-aide of former N.C. Gov. Mike Easley, saying he found no fault in the indictment.

U.S. District Judge Terrence Boyle signed orders Wednesday that keep intact the 57-count indictment against Ruffin Poole, who is accused of helping move along state permits for coastal housing projects while receiving gifts and making a sizable investment return on two of those subdivisions. The trial could begin as early as April 26.

Poole attorney Joe Zeszotarski asked Boyle last month to throw out 51 counts from the corruption case, arguing that the government failed to allege essential elements of bribery and extortion and made other errors. Poole didn't fit the definition of a "public official" required as a prerequisite to be accused of 12 racketeering-related counts, Zeszotarski wrote.

Boyle denied all of the motions, writing that the indictment was adequate and contained necessary allegations to charge Poole under federal law.

As for the "public official" requirement, Boyle wrote he agreed with prosecutors that "the proof will determine the sufficiency of the evidence at trial, and challenges to the proof at this stage are premature and inappropriate."

Boyle also wrote that the indictment was legally sufficient to charge Poole with honest-services mail fraud. Poole argues that the count is unconstitutionally vague. Prosecutors and Boyle cited a ruling involving former N.C. Lottery Commissioner Kevin Geddings, who was convicted of five similar counts in 2006.

Zeszotarski didn't immediately return a phone call or respond to an e-mail seeking comment on Boyle's orders.

Six of the 57 counts that weren't challenged by Poole -- including three tax evasion charges -- were filed in an updated indictment just two weeks ago.

Together, the charges against Poole, once Easley's special counsel and personal assistant, come with maximum punishments of hundreds of years in prison and millions of dollars in fines. Easley has not been charged with any crimes.