The former crime lab director, Bethany Pridgen MacGillivray (who goes by Pridgen), filed the suit last year. Many of her legal claims stem from the fallout from the firing of William Peltzer, a crime lab employee, by the Wilmington Police Department, for ‘untruthfulness.’
Related: Lawsuit claims authorities downplayed Wilmington crime lab issues, kept quiet about missing drugs
Following Peltzer’s firing, Pridgen testified that there were concerns Peltzer was responsible for mishandled and even missing drugs; this testimony, which included information that hadn’t been released to the public when Peltzer’s firing was announced, came while she appeared as an expert witness for the state and was cross-examined by a defense attorney.
Pridgen claimed that, following this testimony, she was denied a job at the New Hanover County Sheriff’s Office when the lab was transferred there from the Wilmington Police Department in the wake of Pelzter’s firing — despite having founded and then run the lab for a decade. Pridgen also claimed that David, who had long been a supporter, turned against her during this period of time.
In February, Superior Court Judge W. Allen Cobb dismissed those allegations — but last Wednesday, he reversed his decision, allowing claims against David to remain as part of the larger lawsuit. The decision was based on new evidence produced during the discovery process of the case.
According to Cobb's order, that included evidence of additional missing drugs discovered from Peltzer's cases. It also includes evidence that David criticized how Pridgen testified in court as "the height of irresponsibility" but "admitted he has not read [Pridgen's] actual trial testimony."
Judge Cobb has been largely retired since 2016, but returned to the bench in early February for the original ruling, and again in November for this new ruling.
David said the suit has no merit.
“You know, in my history, as district attorney, you have to fend off many feckless lawsuits. And I put this in that category," David said.
Judge Cobb’s order was filed on the Wednesday before Thanksgiving, just one business day before David announced on Monday, that he would be leaving office next year, halfway through his term.
Related: District Attorney Ben David announces he'll resign mid-term before the 2024 election
However, David said it had nothing to do with his decision to retire, saying he’d not even seen the order before being asked about it.
“They're completely unrelated. In fact, I was unaware of that [filing]," David said.
David said his decision was motivated by a number of factors, including it being "the right season in the life of my family," his reaching the 25-year mark for retirement, and his desire to see an open election pick the next District Attorney as a "peaceful transfer of power" — and to give potential candidates time to prepare.
Below: Superior Court Judge W. Allen Cobb's order.
Order From Judge Cobb by Ben Schachtman on Scribd
