District attorney removed for 'willful misconduct' still getting state retirement payments

ASHEVILLE - In 2021, after eight years as district attorney for Henderson, Transylvania and Polk counties, Greg Newman was removed from office for what a Superior Court judge said was "willful misconduct" and "conduct prejudicial to the administration of justice."

But one thing Newman was not disqualified from was a state pension.

According to records from the North Carolina State Treasurer's Office, Newman, 60, who is one of only three such public prosecutors in the state to be removed under a special law, has been getting $2,202 each month in retirement payments.

He and his dependents are also eligible for health benefits, according to information from the treasurer's office on the consolidated judicial retirement system. 

Joanne McDowell was one of the parties who petitioned for Newman's removal under N.C. General Statute 7A-66, saying the prosecutor downplayed or mishandled cases of alleged child rape, murder and other serious crimes. McDowell found through a public records request that Newman had been receiving the state pension since May 1, 2021, despite his ejection from office. 

Previous coverage:Families of alleged rape, murder victims try to remove DA Greg Newman for 'unrepentant misconduct'

Related:N.C. State Bureau of Investigation looking into McDowell case after DA Newman's removal

"Great. He gets to keep his retirement. It's like a loophole of corruption," said McDowell, who has said Newman "vindictively" prosecuted her after she alleged her son's father drugged and sexually abused their child. Following a Henderson County court decision to give joint custody, she fled to Canada where a court backed up her version of events.

Newman did not respond to multiple Aug. 2 messages seeking comment. 

Under the specific state law, a hearing was held under Superior Court Judge Robert C. Ervin to determine whether Newman met one of seven criteria for removal. Ervin found he met two: “willful misconduct in office” and “conduct prejudicial to the administration of justice which brings the office into disrepute."

During the hearing, Ervin admonished Newman for victim-shaming one of the parties who testified that Newman did not bring charges against two men she claimed raped her while she was a sophomore at Brevard College, telling her because she was wearing a crop top and was not a virgin that she wouldn’t be believed.

In his defense, one of Newman's attorneys, the late David Freedman, said during the hearing his client was "proud of the fact he has been able to serve the people of Henderson, Polk and Transylvania counties since 2013. His office has done great things while he has served as the elected DA." 

Newman was made to vacate his office immediately, April 27, 2021, losing his $137,000 salary. But because the hearing was about Newman's removal from his job and not whether he committed a crime, the law says he keeps his state retirement benefits, State Treasurer Dale Folwell told the Citizen Times in an Aug. 1 interview. 

Will law be revisited?

Folwell said there are few things that anger citizens more than "to have someone who puts their left hand on the Bible and holds up their right hand and swears to uphold the laws of this state and then does something within their public duties that may be convictable offenses and earning a pension credit when doing it."

Those under the state system who commit felonies forfeit their benefits for the years during which they committed those crimes, he said, such as former Buncombe County Manager Wanda Greene. But Newman was not convicted of any felony — or misdemeanor.

The secretary said that as the issue "comes to light" he expected that members of the General Assembly from both parties would be interested in partnering with his office and the Administrative Office of the Courts to "fine tune" such laws. 

In the state system, employees pay 6% of their paychecks toward their pensions, while state agencies contribute, effectively 24.19% of pay. If the employee is a law enforcement officer, that rate is 29.19%. That includes pension, health benefits and mandatory 401(k) contributions, according to the Treasurer's Office.

DA Greg Newman:Recently removed DA Greg Newman has new position with Asheville, Buncombe County

Read this:Alleged child rape survivor claims she is revictimized when Henderson DA lied, dropped charges

When presented with Newman's situation by the Citizen Times, state legislators and General Assembly candidates from the area, both Republicans and Democrats, said they wanted to revisit the law.

"With them going through everything they did to remove him from office, I don't think he should be drawing retirement, or anything else," said Republican EverettPittillo, who is running for House District 114 for eastern Buncombe County.

The Democratic candidate for the district, Eric Ager, said the law should be expanded so that anyone who "commits felonies at any time during their service," would forfeit all benefits. 

Democratic state Sen. Julie Mayfield, who represents the 49th District for western Buncombe, suggested "a percentage reduction in the state portion of the pension" as opposed to what the person paid in personally.

In the case of former County Manager Greene, she still received parts of her pension that did not cover when she committed her crimes, which included corrupt activity, such as a bribery scheme with a contractor.

Republican Senate District 49 candidate John Anderson also said he would support revisiting the law, but wanted to make sure that there was due process, "so that it would be more of really something that should be done, versus something that becomes a political fight."

Joel Burgess has lived in WNC for more than 20 years, covering politics, government and other news. He's written award-winning stories on topics ranging from gerrymandering to police use of force. Got a tip? Contact Burgess at jburgess@citizentimes.com, 828-713-1095 or on Twitter @AVLreporter. Please help support this type of journalism with a subscription to the Citizen Times.