Judge keeps NC inmate’s death investigation records sealed while media pursue lawsuit
A judge decided Wednesday to keep under seal for a maximum of 60 days the death investigation records of a man who told deputies more than 30 times that he couldn’t breathe while being held down inside the Forsyth County jail.
The N.C. Department of Health and Human Services possesses the records that include the 723-page State Bureau of Investigation report on the death of 56-year-old John Neville. Superior Court Judge David Hall took the position last month, citing past case law and legislative history, that once law enforcement gave those records to DHHS they became public.
But Hall said in a hearing on Feb. 25 that he wondered if there should be an exemption to the law when it involves records in a felony criminal investigation.
Sealing the records for the next two months allows attorneys to do one of three things. Media outlets can file a public records lawsuit against DHHS, and the Forsyth County District Attorney’s Office can appeal or file a motion in a criminal case against former jail staffers for a judge to review the files and determine what should be released.
An attorney for media outlets seeking the records told Hall in a hearing Wednesday that his clients, which include The News & Observer, would pursue a lawsuit against DHHS.
John Neville’s death in jail
The NC Office of the Chief Medical Examiner ruled Neville’s death a homicide after finding he died on Dec. 4, 2019, from compressional and positional asphyxiation that caused a heart attack and brain injury.
Five deputies and a nurse face involuntary manslaughter charges in Neville’s death.
On Dec. 2, 2019, deputies learned from Neville’s cellmate that Neville was in medical distress. The cellmate believed Neville was having a seizure, which Neville’s family members have confirmed was consistent with his medical history.
When Neville woke up surrounded by the defendants he became agitated, not knowing what was going on around him.
The deputies ended up placing Neville on his stomach against the ground with his wrists secured behind his back and his ankles raised to his wrists. The position is known as prone restraint and is controversial because it is known to sometimes result in suffocation and death.
The sheriff’s office and prosecutors withheld information about Neville’s death from the public. After The News & Observer heard about Neville and how he died, reporters began questioning authorities and requesting public records to learn what happened to him.
Three reporters made requests in June and July 2020 for death investigation records from DHHS.
Requests for the DHHS records went unanswered.
On Feb. 1, The News & Observer learned from the Forsyth County District Attorney’s office that DHHS had told prosecutors that the department would produce those records to the newspaper, and that without notifying reporters or their attorney, prosecutors went to Hall to have the records sealed.
Hall agreed to do so and directed the newspaper to come to a hearing on Feb. 8.
Fight for records
Eight other news outlets formed a coalition with The News & Observer. The coalition’s attorney, Mike Tadych, told Hall on Feb. 8 that past case law makes the records public. He also told the judge that the NC General Assembly tried to get DHHS’ death investigation records sealed through Senate Bill 168, but Gov. Roy Cooper vetoed the bill after public outcry.
Hall ultimately agreed with Tadych and dissolved his seal, but Forsyth County District Attorney Jim O’Neill asked him to keep the records sealed while he appeals Hall’s decision.
Prosecutors argued that releasing the records to The N&O would harm the defendants’ rights to a fair trial.
Tadych said that he planned to ask for the appeal to be thrown out because the district attorney had no authority to bring the case forward.
Assistant District Attorney Elisabeth Dresel said she had been speaking with the North Carolina attorney general’s office and believed she had standing to bring the case to the appellate court.
Hall said he believed the fair thing to do was to temporarily seal the documents again and ask the Court of Appeals to expedite proceedings. Hall said his intent was not to have the documents under seal for the duration of the appeal process, which could take years, but just long enough for the courts to decide if it was proper.
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