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MEMORANDUM RE: RONNIE
KIMBLE / JANET SMITH DATE: JUNE
3, 1998 Yesterday at
5:00 p.m. I talked to Percy Wall for almost an hour on the
telephone. Percy was extremely agreeable and disposed to sharing
information. Percy said
that his client has told him in no uncertain terms that no sexual
act occurred between her and Ronnie. Percy indicated he was
concerned about the unusual fashion in which the indictment excluded
sexual intercourse but included sexual acts under G.S. 14-27.1. From
our point of view the distinction is not important because our
defense is that Ronnie engaged in neither intercourse nor a sexual
act. Percy
confirmed what Mercedes Chut had already told me that when Janet was
confronted by Internal Affairs' Officer Scarboro on November 19,
1997, she admitted her involvement with Ronnie and allowed Scarboro
and probably Captain Roy Forest to drive her to her residence and
wait outside while she went in and retrieved letters Ronnie wrote to
her so she could turn them over to Internal Affairs. Percy asked
Janet how on earth she could have decided to turn them over rather
than flush them and Janet had no answer. Apparently
Internal Affairs told Janet that they did not foresee her being
charged criminally because they thought the serious part involved
her employment and not criminal prosecution. One can infer that
internal Affairs talked Janet into making the admissions she made
because they assured her they were not interested in a criminal
prosecution. Percy is
obviously concerned about the language in the letters but has not
analyzed the language sufficiently to determine whether it would be
clear to a jury that most of the sexual activity was fantasy rather
than reality. I told Percy there were additional letters written by Janet known only to me but I did not tell him the dates. I told him the letters in my possession made me believe that Janet was under surveillance for a couple of months. Percy said that along with her problems
with Ronnie, Janet also had problems with a certain officer who was
out to get her and she received a warning about her problems with
the officer. This is the same line Captain Roy Forest gave me in our
telephone conversation. Forest said Janet had problems with an
officer but it was not related to whatever activity she had with
Ronnie. As of this point in time, we are the only ones who know that
Janet plainly stated on October 8, 1997 that her supervisors were
preventing her getting near Ronnie by not letting her work on "D"
floor. CONCLUSION: Percy is inclined to plead Janet Smith not guilty and try this case out but he would not rule out a plea to a misdemeanor in order to resolve the matter quietly. He does not seem to be interested in any plea to a felony. He would like to meet in another couple of weeks and sit down and exchange as much data as possible.
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