Anderson Refiles Lawsuit

Anderson Refiles Lawsuit

Posted in the Lenoir Forum

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Ill Be Damned

Linville, NC

#1 Jan 6, 2010
Former Sawmills dairy farmer Jerry Anderson filed a new civil lawsuit in federal court on Wednesday against the Caldwell County Sheriff's Office - including Sheriff Alan Jones and additional current and former employees - and is seeking compensatory and punitive damages related to his arrest and eventual unsuccessful prosecution for the 2005 murder of his wife, Emily Griffit Anderson.
The 48-page complaint was filed in U.S. District Court in Asheville, which serves the court's Western District of North Carolina. The complaint is an amended version of a previous 21-page complaint that had been filed on Nov. 20, 2009.
According to the complaint, Anderson is seeking monetary damages for violations to his constitutional and civil rights. The document claims that the Caldwell County Sheriff's Office ignored the findings of the State Medical Examiner as to the approximate date of Emily Anderson's death and engaged in the fabrication, contamination and destruction of evidence.
Anderson is being represented by Robert "Hoppy" Elliot of the Winston-Salem-based law firm Elliot, Pishko, Morgan, P.A. Contacted by phone at his office on Wednesday, Elliot said his client never should have been arrested in the shooting death of his wife.
"The problem is they (Caldwell County Sheriff's Office) were trying to build the case on a false basis," Elliot said. "The autopsy knocked the case out. The (State) Medical Examiner knocked the case out. They had no business going forward once they received the autopsy report."
Anderson, now living in Burke County, has been trying to get his life back together, according to Elliot.
"When they bring all of their resources to bear against an individual, it can be devastating. And it was devastating to Mr. Anderson," he said.
Anderson previously filed a civil action in North Carolina Superior Court against the Caldwell County Sheriff's Office Feb. 16, 2009, in Forsyth County in Winston-Salem. The Sheriff's Office was served a summons regarding the case March 23, 2009.
But the suit was withdrawn by Anderson and his attorney a week later. A document in the package sent to the Sheriff's Office at that time indicated that Anderson planned "to re-file his action in the near future."
At the time, there was speculation that the lawsuit was withdrawn because Anderson would have to take the stand, something that legally was not required during his murder trial due to constitutional guarantees. However, in civil proceedings plaintiffs can be compelled to testify, though Anderson will maintain his Fifth Amendment protection against self-incrimination. Anderson's murder trial ended in a hung jury, and charges against him were dropped by the state, though any potentially incriminating testimony by him could re-open the door to future prosecution.
Elliot refuted the notion that his client could be placed at legal risk, and said Anderson's potential testimony had nothing to do with the previous lawsuit dismissal.
"We're not concerned about that," Elliot said. "They had 18 months to investigate the case, and there is no evidence that he committed the murder. He's not seeking to avoid testifying. He wants to tell his side."
Caldwell County Human Resources Director David Hill said once the county officially is served with the lawsuit, the case will be turned over to an insurer in order to assign defense attorneys.
"We haven't been served yet, so I'm not in a position to answer any specific questions about that case," Hill said Wednesday. "If and when we are served, we will make all the information available that we can."
...cont.
Hoops

Wilmington, NC

#2 Jan 6, 2010
Interesting...
Hoops

Wilmington, NC

#3 Jan 6, 2010
And odd that exactly 3 years ago today, her truck/body were found.
uh oh

Orlando, FL

#4 Jan 7, 2010
I want to thank the Lenoir News Topic for printing the picture of Gary Clark escorting Mr. Anderson to jail. This helps prove that Clark, knowing he didn't have any evidence, arrested Mr. Anderson to make a political statement. Jones, your in the photo to. I'm surprised you weren't off at some school padding your resume.

Good luck in your lawsuit Jerry. Maybe if we get a descent Sheriff in office, he can find your wife's killer.
Sweetiepie

Williamston, SC

#5 Jan 7, 2010
I am glad this has been filed. Maybe...just maybe it will reopen Emily's case.
ROFL

Linville, NC

#6 Jan 7, 2010
uh oh wrote:
I want to thank the Lenoir News Topic for printing the picture of Gary Clark escorting Mr. Anderson to jail. This helps prove that Clark, knowing he didn't have any evidence, arrested Mr. Anderson to make a political statement. Jones, your in the photo to. I'm surprised you weren't off at some school padding your resume.
Good luck in your lawsuit Jerry. Maybe if we get a descent Sheriff in office, he can find your wife's killer.
There is a article posted on the Lenior News Topic online from sherriff Jones. He says that his guys did everything right nothing he would change! People on this forum could tell them a few problems i bet. I say good luck too your wife might be alive today if not for them.
good luck

United States

#7 Jan 7, 2010
good luck jerry. ccsd did jon davis the same way they went on old evidence they had to prosicute him and they went on the fact that the so called victim was in a close friendship with a detective workinfg the case and he was hell bent on getting jon sent off.but the truth shall and will set him free and caldwell county sheriffs dept will once again look like an idiot.
duct tape

Black Mountain, NC

#8 Jan 7, 2010
I followed some of the trial and opinions are varied. However with that in mind what a bunch of idiots haul evidence ( the truck ) without even checking the contents first. In my opinion enough said.
Hoops

Wilmington, NC

#9 Jan 7, 2010
duct tape wrote:
I followed some of the trial and opinions are varied. However with that in mind what a bunch of idiots haul evidence ( the truck ) without even checking the contents first. In my opinion enough said.
CCSD intentionally did NOT check the truck in SC. They pretty much knew her body was back there... but had they "found" her body in Duncan, SC, then the murder trial would have to be held in SC. They waited until they got back to Lenoir so they could control the trial venue.
AHHA

Pelzer, SC

#10 Jan 7, 2010
Wasn't that Stafford and Tracy Pyle! And hadn't Stafford just gotten back from FBI school and didn't he decide to personally handle that case from that point on?
duct tape wrote:
I followed some of the trial and opinions are varied. However with that in mind what a bunch of idiots haul evidence ( the truck ) without even checking the contents first. In my opinion enough said.
wondering two

Flushing, NY

#11 Jan 8, 2010
read jones response in the paper. the man is arrogant, blind or stupid, maybe all three. how does he even think they done a good job? is he trying to blame other agencies? and i see holywood clark gets his picture in the paper from the grave. how hot is it gary? maybe stafford and the rest of the gang will be there soon to keep you company
The Truth

AOL

#12 Jan 8, 2010
Watch for this trial to become the death knell for Jones' re-election bid.

Since: Oct 09

Location hidden

#13 Jan 8, 2010
I sure the hell hope so? Somebody needs to get that so called replaced sheriff out of there alone with others across the hall with him. Take that dam crooked thang they have to call nurse and jardon with them on their way out.
Real Deal

United States

#14 Jan 9, 2010
Sure, blame it all on the dead man! Don't forget the innocent Emily and find HER real killer, just stand there and point your fingers! There are a lot of people in here that want to blame the former Sheriff for this murder but he is dead and gone and that killer is still FREE!! Search for her killer if you got all this time to spend in here just lolligagging.
The Truth

AOL

#15 Jan 9, 2010
Real Deal,

Are you implying Gary Clark was the one who killed Emily Anderson? I have heard some gravely concerning things about him, but I did not realize he was ever considered to be the murderer.
Geesh

West Monroe, LA

#17 Jan 10, 2010
I never really knew enough facts to form an opinion about Jerry one way or the other. I do believe now, that by him bringing a lawsuit against CCSD he is making an extraordinary move to clear his name. Maybe he is innocent afterall? If I murdered someone, went to trial and was set free, I'll be damned if I'd stir the pot.

I also believe CCSD is made up of a bunch of hillbilly dumbasses and would probably spend more time investigating claims of the tooth fairy than a murder.
BootLeggar

Carolina Beach, NC

#18 Jan 10, 2010
Best Of Luck Jerry. Wish You All The Best!!!
Frosty

Black Mountain, NC

#19 Jan 10, 2010
Did I real the paper correctly, by bring this civil law suit, Anderson would have to testify, but his attorneys stated that he would take the fifth ammendment if he was called to testify? I wonder about that, but not sure I read correctly.

This case, if ever comes to trial without a settlement, could be very, very interesting.

Yeah, I agree, I believe since Gary Clark is dead that people need to move on. There is a real killer on the streets and also one in that killed the fellow in Granite. Someone needs to pay for all this.
Frosty

Black Mountain, NC

#20 Jan 10, 2010
I meant "read" sorry
nope

Easley, SC

#21 Jan 10, 2010
i think the paper (THE NATHAN KEY DAILY)just missed printed it. i heard his lawyer on the radio Friday saying he wants his story out there to be heard. Also i like what the paper said about they didn't know why they dismissed the first time. i remember reading the letter posted in the paper that said they would refile at a later date in the proper court. i 1think the code word here is( they have been busy as h-ll and been digging the goods up on Jones and Company.) Just think Anderson lawyers have had 2 years to prpare for this. I had heard he retained them as soon as he got the charges dismissed. don't think Stafford and jones will like what is coming. lets just hope we have somebody to step forward like Davidd anderson for sherrif. Its time for a spring cleaning!!

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