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By TOM McLAUGHLIN
News & Record Staff
A special prosecutor has been appointed to look into the possible
destruction of computer data at the Halifax County Sheriff’s Office
prior to the takeover by incoming Sheriff Stanley Noblin.
The hard drives of three computers — a desktop model used by former
Sheriff Jeff Oakes, a laptop model used by narcotics investigator
Richard Pulliam and a third unit in the administrative assistant’s
office — were found to be missing data when the new administration took
office. Holdovers in the sheriff’s department have identified Oakes and
Pulliam as users of the machines, Sheriff Noblin said yesterday.
“On one computer everything was completely wiped and on the others some
vital operating information had been wiped,” Noblin said.
Circuit Judge William Wellons on Friday appointed Robert Bushnell, the
Commonwealth’s Attorney for Henry County, as special prosecutor in
charge of reviewing the case. Wellons entered the order after
Commonwealth’s Attorney Kim White recused herself, citing a conflict of
interest as a Halifax County law enforcement officer.
Bushnell will decide if sufficient evidence exists to call for an
investigation of possible violations of Virginia’s Computer Crimes Act.
As special prosecutor, Bushnell could turn to the Virginia State Police
to conduct such an investigation. An investigation first would have to
be authorized by the Attorney General’s office.
Bushnell was in court in Henry County yesterday and unavailable for
comment.
Efforts yesterday to contact Oakes and Pulliam were also unsuccessful.
White said she received a verbal request asking for an investigation on
Jan. 4. She prepared an order requesting appointment of a special
prosecutor on Jan. 7. Wellons affirmed the request four days later on
the first day of the new court term.
Noblin confirmed that he made the request for an investigation.
He said he is unsure about the extent of missing data but believes it
includes “financial information, financial records and so on.” Noblin
said he did not know if any of the missing data pertained to police
investigations. “We’re not exactly sure what type of information was
contained on all the computers,” he said.
Noblin also said he is reviewing the Sheriff’s Office inventory to make
sure computer data isn’t the only thing missing. “We’re still going
through all the evidence and all the equipment at the Sheriff’s Office
to try to make sure that all the equipment, weapons and so forth are
here that are supposed to be here,” Noblin said.
Tracking down the department’s possessions will take time and Noblin
stressed yesterday that he has made no conclusions that any items are
missing. “We’re trying to hunt some things down before we jump the gun.
We don’t want there to be things where we just can’t locate them,” he
said.
Noblin also said it remains to be seen whether the missing data
constitutes a violation of the Computer Crimes Act. With White taking
herself off the case, “the special prosecutor will determine if any of
these [actions] are covered by that sort of thing.”
The Act spells out a variety of computer-related offenses, including
fraud, trespass, invasion of privacy, embezzlement and use of a
computer as an instrument of forgery. Wellons’ order makes no mention
of which portion of the code potentially might be violated by
destruction of data.
“Basically what it all boils down to, if you go into an office and find
that things have been wiped, you’re going to call [for an
investigation] to see what should be done,” Noblin said.
If State Police are asked to investigate the case, there’s a
possibility some or all of the missing data could be recovered by the
department’s computer crimes unit, said Noblin, a former State Trooper.
“They have the capability to retrieve information in some cases,” he
said.
White said yesterday that she couldn’t comment on the nature of the
allegations since the case is active. However, she said she quickly
concluded that a special prosecutor should be brought in because of her
past and ongoing relationship with the Sheriff’s Office.
“Anytime the Commonwealth’s Attorney believes his or her office is
situated where it would be a conflict of interest, or appear to be a
conflict of interest, we would request that a special prosecutor be
appointed, so that any decision that a special prosecutor may come up
with would not be criticized as favoring one side or another,” White
said.
Bushnell, the special prosecutor, is a past president of the Virginia
Association of Commonwealth’s Attorneys “who has been the
commonwealth’s attorney in Henry for a very long time,” said White, who
further described Bushnell as a personal friend and respected
colleague.
“He is well respected in the Commonwealth for his ability, impartiality
and common sense,” White added.