Lindsay set for trial in CVA cases next year
Murphy – Last week, local defense attorney Jerry Townson gave the court a glimpse of how he intends to defend his client, who is charged in the use of custody and visitation agreements, informally known as CVAs.
“Anyone saying these are illegal documents are not necessarily right,” Townson told the court during a motion to dismiss hearing on Oct. 26. “You have a right as a parent to contract custody of your child.”
Townson represents Ronald Scott Lindsay, who is charged with several counts of felony obstruction of justice, contributing to the delinquency of a minor, and willful failure to discharge duties. Prosecutors say that during his role as an attorney for the Cherokee County Department of Social Services, Lindsay made it a custom to use CVAs, which allow parents or guardians to relinquish custody of minors without court involvement.
Prosecutors say CVAs, as used by DSS staff, are illegal partly because they subvert judicial oversight of child custody cases and terminate parental rights. Prosecutors allege that Lindsay and others “coerced” parents into relinquishing custody of minor children, resulting in neglect and sometimes abuse of a child.
“All these parents wanted their children back,” said Benjamin Zellinger, a special prosecutor with the state of North Carolina.
However, Townson argues that a parent’s rights can only be terminated by a District Court judge; therefore, any guardian who disagreed with placement of their child after signing a CVA could have sought relief through the legal system.
“If you have rights before you sign (a CVA), you still have those rights after you sign,” Townson said. “So, parents' rights were not violated. It would be a violation of constitutional rights if DSS had tried to stop [parents] from using a CVA because they have a right to contract custody.”
Townson further argued that there was no criminal intent in the use of CVAs, highlighting the fact that each case was recorded with the state.
“These weren’t done in secret because they were all notarized,” Townson said. “Use of these forms doesn’t make [my client] a criminal. You must have criminal intent.”
Arguing against the defendant’s motion to dismiss charges, Zellinger said much of Townson’s line of reasoning were “arguments for a jury.” He also indicated that the state plans to seek a superseding indictment charging Lindsay with additional offenses related to the use of CVAs.
Judge William Coward denied Townson’s request to dismiss charges based on the arguments presented last week. However, he scheduled a status hearing for Feb. 21, when Townson is expected to argue for a dismissal of charges based on the grounds of selective prosecution.
Lindsay, former DSS supervisor David Alan Hughes and former DSS director Cindy Palmer are the only three people to be criminally charged in connection with the use of CVAs. However, court documents say CVAs had been available for use in Cherokee County since at least 2000.
Hughes and Palmer have each pleaded guilty to their roles in the use of CVAs. As part of an agreement with prosecutors, neither of them will serve prison time as long as they abide by certain conditions imposed by the court. Meanwhile, Lindsay has a trial date scheduled to start Monday, March 7.