Wake County DA Lorrin Freeman Faces Ethics Complaint Over Texts with Granville DA

Wake County District Attorney Lorrin Freeman isn’t known for holding Raleigh law enforcement officials accountable for their misconduct. 

She did, however, take over the prosecution of Chad Coffey, a former Granville County Sheriff’s deputy, at the request of Granville District Attorney Mike Waters. DA Waters had recused himself from prosecuting Coffey, citing a conflict of interest. “I am of the opinion that a neutral and unbiased determination of whether to charge is vital to the proper administration of justice,” he wrote in an email to Ms. Freeman. 

That should have been the end of Mr. Waters’ involvement with the case. But it wasn’t, as Raleigh Watch previously reported. 

In January, lawyers for Chad Coffey filed a motion with explosive new evidence: DA Freeman and DA Waters had been texting each other about the case, and perhaps engaging in other meetings or communications as well. In these communications, the motion states that Mr. Waters “repeatedly suggested avenues for investigation” to Ms. Freeman. 

At one point, Waters sent Freeman a screen grab of a Facebook post by Mr. Coffey’s wife that was critical of DA Freeman. 

Five days after DA Freeman said Coffey was going to realize she wasn’t “f***ing around,” she filed ten new felony charges against Mr. Coffey. 

Raleigh Watch has obtained an explosive filing with the North Carolina State Bar that alleges Ms. Freeman’s actions amount to professional misconduct. 

The complaint makes two allegations of misconduct. 

First, the complaint alleges that Ms. Freeman improperly participated in a “covert, coordination prosecution campaign” with DA Waters, who was disqualified from prosecuting Mr. Coffey. According to the complaint, this coordination allowed DA Waters to materially assist in Mr. Coffey’s prosecution in secret, thus keeping his role “unreviewable” by his constituents. Similarly, the complaint continues, DA Freeman’s participation in the scheme gave “the court, the defendant, and the public a false impression” of the independence of her role in Mr. Coffey’s prosecution. 

Second, the complaint alleges that DA Freeman’s statements to Waters suggest that “at least some of her official acts were influenced by her personal wounded feelings.” Whether or not those wounded feelings prompted the new felony charges just days later, the complaint notes that “Ms. Freeman’s words give the clear impression that her decision-making about a criminal defendant may be influenced by personal attacks.” 

“Elected prosecutors have an obligation to ensure that they are gathering facts, and analyzing them neutrally and independently based on the laws of our state,” said Dionne Gonder-Stanley, Senior Clinical Professor and Supervising Attorney at North Carolina Central School of Law. 

“In addition to the facts and law, prosecutors also need to consider what’s in the best interest of the people they represent, which is the State of North Carolina—society generally. The state of North Carolina has various interests, including the accused who has rights that have to be protected,” Professor Gonder-Stanley told Raleigh Watch. 

Freeman has also recently received criticism over her handling of reported sexual assault and harassment by prosecutors in her office, with experts saying she likely violated federal law.  

Regardless of the State Bar Disciplinary Committee’s decision, even the appearance or suggestion of impropriety has ramifications for elected officials. Lawyers in public service are held to the highest standard of ethical conduct because they have to earn and keep the public’s trust. And trust between the community and law enforcement is essential in a community that cares about justice and safety. When top prosecutors behave in ways that compromise both cases and confidence, everyone suffers.