Below is a link from the McDowell News and a copy from a newspaper article in Rutherford County allegedly involving sexting from a chief District Court judge (Randy Pool ) and a women in Marion. My wife and I know the judge very well. Randy, his decreased wife Barb and two young daughters have visited us at our home a number of times over the years. Randy remarried after his wife, Barb, passed away with cancer. My wife is retired from the Clerk of Court Office in McDowell County, NC. and hence is the reason we know him on a personal basis.
Also, one of his daughters is currently practicing law in the Bay Area of California and Randy's other daughter teaches school.
Anyway, read the two articles below which describes the details pretty well, sadly is like a soap opera which I personally don't get any pleasure in reporting, whatsoever, because it has and is going to hurt many innocent people.
My wife thinks Randy could be charged with some type of crime. I think another indictment is going to be made public Monday but no one knows what it's going to be at this time.
But this is my question concerning the legal matter: Is it illegal to send other people explicit pictures of ones genitals assuming the receiving party has no objection to such?
This whole topic is way out there but at least it will get our minds off of matters we can't control.
https://www.mcdowellnews.com/news/r...cle_2556d9be-0af5-11ea-8e00-13cd6c08285f.html
Different article from a Rutherford County newspaper.
MARION – The recent and sudden resignation of a chief District Court judge might not have been voluntary.
On Nov. 12, Jennifer Tierce, 36, of Marion, was indicted for extortion. The charge relates to actions involving Randy Pool, 63, former chief District Court judge serving Rutherford and McDowell counties, after the two consensually engaged in sexting over recent months. Both exchanged sexually explicit language and photographs, including Pool sending Tierce a photo of his genitals.
Tierce, who provided The Daily Courier with copies of her sexting with Pool, said Pool first reached out to her late last year on Facebook. Tierce said she knew Pool from when she was a child of 12 years old and when she visited his home as a friend of his daughter.
Their messaging resumed around March as the two developed a relationship on social media.
“I began to think he was interested in me romantically. He was saying things to me that suggested he was interested in me,” Tierce said.
She added Pool confided in her that he was having marital problems, including issues of intimacy.
Pool soon provided her with his cellphone number so they could more easily communicate via texts. Tierce said.
“The messages started to get sexual,” she said. “I sent him pictures, too. But, it never turned physical.”
Because Pool was a judge, a point he reminds her in the text messages, Tierce admitted she was flattered that he liked her. She also told him she wanted a serious relationship.
“Well, I have to be honest with you, Randy. I'm not just looking for a fling or anything like that. I'm ready to be happy. I deserve that,” Tierce texted Poole on April 23.
Pool attempted to persuade Tierce to meet him at a family farm in McDowell County for the purpose of having sex, Tierce said.
She did not, however, meet him at the farm, Tierce said, adding they never engaged in any physical relations, despite the sexting and graphic language that hinted a sexual encounter was imminent.
They're relationship soured once Tierce asked Pool for help during a financial pinch.
In May, she asked to borrow money to go toward her car insurance. According to texts, Pool hinted he would help her.
The two soon met in a Walmart parking lot in McDowell County. She said it was the only time they were together. It was then she was hoping Pool would give her a $100 toward her car insurance, she said.
Tierce said they sat and talked.
“I saw he wasn't going to mention the money I had asked for, so I brought it up,” Tierce said.
At first, Pool explained that his funds were tied up, she said.
Soon thereafter, he became more defensive.
“He said 'I'm tired of people asking me for money. I'm not a bank,'” Tierce recalled.
She then called him out for not helping her after indicating he would, she said.
She threatened to expose his sexting to his family and the media.
“He got really mad after that. He told me he was going to call the SBI and have me prosecuted,” Tierce said. “He had me so upset, throwing his weight around as a judge.”
One day later, Tierce said she attempted to apologize.
But, it was later that same day when she was returning from taking her mother to the doctor, Tierce noticed who she believed to be agents from the N.C. State Bureau of Investigation waiting at her home. Tierce said she decided to keep driving because her mother was not aware of what had transpired. However, an SBI agent got in his car and pursued her, Tierce said.
She was then taken to the McDowell County Sheriff's Office where she was interviewed by the SBI. They seized her cellphone and recovered all the exchanges between her and Pool, Tierce said.
During her interview with the SBI, she said the agents told her Pool had erased the messages from his cellphone.
“They (SBI) said they didn't think they were getting the whole story from him (Pool). They thought he was holding back,” Tierce said of her discussions with SBI agents.
She also learned that the judge was trying to press charges against her for threatening to expose Pool after he refused to give her money. .
In an impromptu announcement, Pool resigned from the bench for District 29A on Nov. 8. He cited no reasons for his sudden retirement. His resignation letter, however, invoked religion.
“My challenge to you is through Christ to continue to make a difference. I have never been so blessed and I ask God's blessings will continue on you,” Pool stated in the letter.
Telephone messages left for Pool seeking comment for this story were not returned.
District Attorney Ted Bell said Monday he cannot discuss a pending case.
He said Tierce would eventually be arrested once the paperwork reaches the McDowell County Sheriff's Office.
As for Pool's role in the matter, Bell said his actions did not rise to the level of a crime; therefore, he would not face criminal charges.
When asked whether Pool might face consequences related to ethical misconduct as a judge, Bell indicated that's not a matter for prosecutors.
“People can discuss all day long what is or isn't ethical, but that's not what we're tasked with,” Bell said of the DA's office.
Bell was also asked if Pool had ever been the subject of complaints about preying over vulnerable women in the county's judicial system.
“I don't think I'm aware of any of that activity. Not that I can think of...That's not something we would have any authority over,” Bell said.
One agency tasked with investigating judicial conduct is that of N.C. Judicial Standards Commission. Established in 1973, the Commission considers complaints of misconduct or disability against judges of the state’s General Court of Justice and, where appropriate, to make recommendations for public discipline.
The Commission is authorized to receive written complaints from citizens concerned with misconduct or disability of a judge and to investigate those complaints. After a complaint has been investigated and the judge has been given a due process hearing, the Commission may recommend to the Supreme Court of North Carolina that the judge be disciplined.
Based on the Commission's recommendation, the Supreme Court may remove a judge for mental or physical incapacity interfering with performance of duties when the incapacity is, or is likely to become, permanent.
All proceedings before the Commission are confidential, and all papers and pleadings filed with the Commission remain confidential unless the Supreme Court issues an order of public discipline, or in the case of disability, order of suspension or removal.
Because of the confidentiality, a spokeswoman for the Commission said Monday she could neither confirm nor deny if Pool is the subject of an investigation or whether his resignation was due to pressure from the Commission.
Pool was first appointed to the court by former Governor Jim Hunt in 1999. He was last re-elected in 2018.
Also, one of his daughters is currently practicing law in the Bay Area of California and Randy's other daughter teaches school.
Anyway, read the two articles below which describes the details pretty well, sadly is like a soap opera which I personally don't get any pleasure in reporting, whatsoever, because it has and is going to hurt many innocent people.
My wife thinks Randy could be charged with some type of crime. I think another indictment is going to be made public Monday but no one knows what it's going to be at this time.
But this is my question concerning the legal matter: Is it illegal to send other people explicit pictures of ones genitals assuming the receiving party has no objection to such?
This whole topic is way out there but at least it will get our minds off of matters we can't control.
https://www.mcdowellnews.com/news/r...cle_2556d9be-0af5-11ea-8e00-13cd6c08285f.html
Different article from a Rutherford County newspaper.
MARION – The recent and sudden resignation of a chief District Court judge might not have been voluntary.
On Nov. 12, Jennifer Tierce, 36, of Marion, was indicted for extortion. The charge relates to actions involving Randy Pool, 63, former chief District Court judge serving Rutherford and McDowell counties, after the two consensually engaged in sexting over recent months. Both exchanged sexually explicit language and photographs, including Pool sending Tierce a photo of his genitals.
Tierce, who provided The Daily Courier with copies of her sexting with Pool, said Pool first reached out to her late last year on Facebook. Tierce said she knew Pool from when she was a child of 12 years old and when she visited his home as a friend of his daughter.
Their messaging resumed around March as the two developed a relationship on social media.
“I began to think he was interested in me romantically. He was saying things to me that suggested he was interested in me,” Tierce said.
She added Pool confided in her that he was having marital problems, including issues of intimacy.
Pool soon provided her with his cellphone number so they could more easily communicate via texts. Tierce said.
“The messages started to get sexual,” she said. “I sent him pictures, too. But, it never turned physical.”
Because Pool was a judge, a point he reminds her in the text messages, Tierce admitted she was flattered that he liked her. She also told him she wanted a serious relationship.
“Well, I have to be honest with you, Randy. I'm not just looking for a fling or anything like that. I'm ready to be happy. I deserve that,” Tierce texted Poole on April 23.
Pool attempted to persuade Tierce to meet him at a family farm in McDowell County for the purpose of having sex, Tierce said.
She did not, however, meet him at the farm, Tierce said, adding they never engaged in any physical relations, despite the sexting and graphic language that hinted a sexual encounter was imminent.
They're relationship soured once Tierce asked Pool for help during a financial pinch.
In May, she asked to borrow money to go toward her car insurance. According to texts, Pool hinted he would help her.
The two soon met in a Walmart parking lot in McDowell County. She said it was the only time they were together. It was then she was hoping Pool would give her a $100 toward her car insurance, she said.
Tierce said they sat and talked.
“I saw he wasn't going to mention the money I had asked for, so I brought it up,” Tierce said.
At first, Pool explained that his funds were tied up, she said.
Soon thereafter, he became more defensive.
“He said 'I'm tired of people asking me for money. I'm not a bank,'” Tierce recalled.
She then called him out for not helping her after indicating he would, she said.
She threatened to expose his sexting to his family and the media.
“He got really mad after that. He told me he was going to call the SBI and have me prosecuted,” Tierce said. “He had me so upset, throwing his weight around as a judge.”
One day later, Tierce said she attempted to apologize.
But, it was later that same day when she was returning from taking her mother to the doctor, Tierce noticed who she believed to be agents from the N.C. State Bureau of Investigation waiting at her home. Tierce said she decided to keep driving because her mother was not aware of what had transpired. However, an SBI agent got in his car and pursued her, Tierce said.
She was then taken to the McDowell County Sheriff's Office where she was interviewed by the SBI. They seized her cellphone and recovered all the exchanges between her and Pool, Tierce said.
During her interview with the SBI, she said the agents told her Pool had erased the messages from his cellphone.
“They (SBI) said they didn't think they were getting the whole story from him (Pool). They thought he was holding back,” Tierce said of her discussions with SBI agents.
She also learned that the judge was trying to press charges against her for threatening to expose Pool after he refused to give her money. .
In an impromptu announcement, Pool resigned from the bench for District 29A on Nov. 8. He cited no reasons for his sudden retirement. His resignation letter, however, invoked religion.
“My challenge to you is through Christ to continue to make a difference. I have never been so blessed and I ask God's blessings will continue on you,” Pool stated in the letter.
Telephone messages left for Pool seeking comment for this story were not returned.
District Attorney Ted Bell said Monday he cannot discuss a pending case.
He said Tierce would eventually be arrested once the paperwork reaches the McDowell County Sheriff's Office.
As for Pool's role in the matter, Bell said his actions did not rise to the level of a crime; therefore, he would not face criminal charges.
When asked whether Pool might face consequences related to ethical misconduct as a judge, Bell indicated that's not a matter for prosecutors.
“People can discuss all day long what is or isn't ethical, but that's not what we're tasked with,” Bell said of the DA's office.
Bell was also asked if Pool had ever been the subject of complaints about preying over vulnerable women in the county's judicial system.
“I don't think I'm aware of any of that activity. Not that I can think of...That's not something we would have any authority over,” Bell said.
One agency tasked with investigating judicial conduct is that of N.C. Judicial Standards Commission. Established in 1973, the Commission considers complaints of misconduct or disability against judges of the state’s General Court of Justice and, where appropriate, to make recommendations for public discipline.
The Commission is authorized to receive written complaints from citizens concerned with misconduct or disability of a judge and to investigate those complaints. After a complaint has been investigated and the judge has been given a due process hearing, the Commission may recommend to the Supreme Court of North Carolina that the judge be disciplined.
Based on the Commission's recommendation, the Supreme Court may remove a judge for mental or physical incapacity interfering with performance of duties when the incapacity is, or is likely to become, permanent.
All proceedings before the Commission are confidential, and all papers and pleadings filed with the Commission remain confidential unless the Supreme Court issues an order of public discipline, or in the case of disability, order of suspension or removal.
Because of the confidentiality, a spokeswoman for the Commission said Monday she could neither confirm nor deny if Pool is the subject of an investigation or whether his resignation was due to pressure from the Commission.
Pool was first appointed to the court by former Governor Jim Hunt in 1999. He was last re-elected in 2018.
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