Tag: sex crimes

The North Carolina Democratic Party leader is calling on Republican legislative leaders to remove a Democratic state representative when lawmakers return to Raleigh next week. And Republican lawmakers are examining how they could do it.

State Rep. Cecil Brockman, D-Guilford, was arrested earlier this month and charged with two counts of statutory sex offense with a child and two additional counts of indecent liberties with a child. Brockman, 41, has represented High Point in the state legislature for more than a decade.

Democratic North Carolina Governor Josh Stein, the North Carolina Democratic Party, and leaders of both parties in the state House of Representatives called on Brockman to resign shortly after news of Brockman’s charges emerged. 

Brockman hasn’t commented on the charges, and he hasn’t resigned. As of Friday, he was being held in a High Point jail on a $1.05 million bond.

Lawmakers are scheduled to return to Raleigh Monday to begin the process of redrawing the state’s congressional districts. 

Anderson Clayton, chairwoman of the state Democratic Party, says that if Brockman hasn’t resigned by then, lawmakers should start the process of removing him from the state House. 

Clayton said Republican House Speaker Destin Hall — who has already called on Brockman to resign — should remove the Democrat immediately so that his constituents have representation in the chamber. 

“Destin Hall should bring folks back to Raleigh and they should remove [Brockman] from the legislature,” Clayton said, adding: “We should make sure that places like High Point have representation right now in Raleigh.” 

Hall’s office told WRAL Friday that the speaker is reviewing House rules and constitutional requirements for removing a member, saying Hall is willing to remove Brockman if he doesn’t resign in a timely fashion. Hall said last week that the charges against Brockman are “shocking and extremely serious,” calling on him to resign so that he doesn’t distract from the legislature’s work. 

Prosecutors alleged in an Oct. 10 court hearing that the victim’s cellphone contained video evidence of illicit acts. The State Bureau of Investigation recognized Brockman in the videos, prosecutors said. 

Brockman and his lawyer didn’t respond to calls or emails seeking comment. Drew Gibson, a legislative assistant for Brockman, told WRAL that Brockman has no comment on the charges or the calls to resign. 

Clayton says she hasn’t heard from Brockman either. She reiterated that he should step down, alleging that he has lost the community’s trust and can no longer effectively represent them.

“You can’t exactly help people from a jail cell,” Clayton said.

She continued: “The charges that were brought against Representative Brockman were serious charges, and we believe that anybody that’s accused of something like that and has been held on a million dollar bond right now does not deserve to represent the people of North Carolina.” 

The state Democratic Party cannot remove Brockman from office but state legislators can. The state House of Representatives in 2008 voted 109-5 to remove Wilmington Democratic Rep. Thomas Wright from office after he was charged with using campaign funds for personal purchases and abusing his political power to get a loan.

It’s unlikely that Brockman — or any Democrat alone — would affect the outcome on votes over new congressional maps. Republicans hold strong majorities in the state Senate and state House, and state law doesn’t allow the governor to veto redistricting bills.

The governor can — and has — vetoed other bills. And Brockman’s absence could hinder the Democrats’ ability to uphold those vetoes. 

The bills would loosen North Carolina’s gun laws and eliminate diversity policies in state agencies, among other things. Legislators can override Stein’s vetoes by passing those bills with 60% support. 

Republicans hold a veto-proof majority in the Senate but not in the House of Representatives, where they came one seat short in the most recent elections. If Brockman is out and all other House members are present, Republicans only need one Democrat to vote with the GOP, or to be absent from the vote, to override Stein’s veto.

If Brockman resigns, the governor would be required by state law to appoint a replacement who is recommended by members of the Guilford County Democratic Party. 

Kathy Kirkpatrick, the chairwoman of the Guilford County Democratic Party, told WRAL last week that the allegations against Brockman seemed “totally out of character” for him.

Guilford County prosecutors said the alleged victim, who is 15, lived together with Brockman for a period near Atlanta, Georgia, the city where prosecutors say they had met on a dating app.

Brockman called emergency dispatchers on Oct. 5 to report a missing friend and said he had been tracking the person using an app, prosecutors said. After sending a ride-share vehicle to pick up the juvenile in Davidson County, the driver couldn’t find the alleged victim and canceled the ride, according to prosecutors. At that point, High Point police became involved and later, the State Bureau of Investigation launched an investigation, prosecutors said.

Footage found on the victim’s phone showed acts consistent with what the victim described to them during an interview, prosecutors said. They said Brockman tried to contact the alleged victim, who was being treated at a nearby hospital. Prosecutors said Brockman attempted to push his way through a locked door at the facility and alleged in court documents that the lawmaker attempted to contact a victim in the hospital and that he attempted to “use his status to gain information on the whereabouts of the victim.”

During the Oct. 10 hearing, the judge ordered Brockman not to contact the alleged victim.