News

Newman defends comments an appeals court called prejudicial

By Bill Moss, Published: October 18, 2016

District Attorney Greg Newman says his comments that a North Carolina appeals court ruled were prejudicial toward a murder defendant were accurate and appropriate.

The North Carolina Supreme Court heard oral arguments last week in Amber Dalton's appeal of her 2014 Transylvania County murder conviction for the 2009 stabbing death of Richard Holden in his Brevard apartment. Dalton also stabbed Holden’s wife, Naomi Barker, who survived the brutal assault. Dalton was sentenced to life in prison without parole on the murder conviction and sentenced to an additional 26 to 41 months in prison for  assault with a deadly weapon inflicting serious injury.

Dalton’s attorney, Tony Dalton (no relation) presented an insanity defense at her trial and called at least two expert witnesses on her behalf.

During closing arguments, Newman commented on the possibility of Ms. Dalton’s release back into the community should the jury find her not guilty by reason of insanity. Typically, someone found not guilty by reason of insanity will be hospitalized and evaluated on a regular basis to determine whether a defendant is “well” enough to function back in the community without the need for further hospital treatment or oversight.

“My comments at the trial were accurate with respect to both the law and facts of the case,” Newman said in a news release. "The Court of Appeals disagreed, however, and in an opinion issued in September 2015, ordered a new trial for Ms. Dalton, saying, among other things, that the District Attorney’s comments were too prejudicial. 

“I intended for my comments to be prejudicial because I am an advocate for the people in my judicial district,” Newman said. “The Court of Appeals did not like the verdict and simply substituted their own intended outcome in the case. They seemed very sympathetic to her (Ms. Dalton) insanity defense, but the jury was buying none of it. I am hopeful the Supreme Court will reinstate the original sentence,” added the District Attorney.

 Superior Court Judge Marvin Pope of Buncombe County presided over the trial in Transylvania County. Newman and Assistant District Attorney Doug Mundy prosecuted the case for the state.

“It is significant that the Supreme Court agreed to hear this case," Newman said. "They could have chosen not to consider the matter at all. The questions last Tuesday from at least four of the seven justices appeared to be favorable to our position, but I am no mind reader. We will wait and hope for the best. If the Court of Appeals decision is affirmed, my office will prepare to try Ms. Dalton again. I am confident we will achieve the same result of a life sentence.”