Here’s a new wrinkle in the ongoing Asheville Police Department scandal involving Asheville Police Chief William Anderson and a police lieutenant who said the chief tried to force him to lie about an investigation into a wreck involving Anderson’s son. Pete Kaliner, host of talk radio show on WWNC AM 570, says there’s a recording of the conversation between Anderson and the lieutenant, Bill Wilke.
Wilke made the accusation a couple of weeks ago. State Bureau of Investigation and city of Asheville officials investigated, and Asheville City Council recently held a press conference to express confidence in Anderson’s leadership.
During that SBI probe, Lt. Wilke was interviewed about what happened. During that interview, Wilke claims he was called into the Chief’s office where an attempt was made to coerce him into changing his testimony. …
Until now, that private meeting between Chief Anderson, Lt. Wilke, and Capt. Stoney Gonce was just a “he said, he said” kind of allegation. There was no reason to think Lt. Wilke could prove an attempted coercion. Likewise, there was no reason to think the Chief and Captain could prove it did not occur.
But all that might change.
I have been told that Lt. Wilke recorded the meeting.
Furhter, I’ve been informed that Lt. Wilke offered to play that tape for the Assistant City Manager Jeff Richardson, who was leading the City’s internal investigation. According to my source, Richardson declined to listen to it.
There was never any mention of an audio recording in the official report to City Council, so it’s unclear if Council was made aware that it exists.
If true, the City’s internal review findings might need to be updated.
In North Carolina it is not illegal to record a conversation. “Who must give permission to record a telephone or in-person conversation?
Federal law permits recording telephone calls and in-person conversations with the consent of at least one of the parties. See 18 U.S.C. 2511(2)(d). This is called a “one-party consent” law. Under a one-party consent law, you can record a phone call or conversation so long as you are a party to the conversation. Furthermore, if you are not a party to the conversation, a “one-party consent” law will allow you to record the conversation or phone call so long as your source consents and has full knowledge that the communication will be recorded.
In addition to federal law, thirty-eight states and the District of Columbia have adopted “one-party consent” laws and permit individuals to record phone calls and conversations to which they are a party or when one party to the communication consents. See the State Law: Recording section of this legal guide for information on state wiretapping laws.”
Looks like it’s time for another round of close door sessions down at City Hall …
isn’t it illegal to record conversations without notifying all parties involved …
or do whistleblower laws cover that?
It is illegal for a third party to record a conversation without at least one persons knowledge and consent. If one of the individuals involved is aware and has no objections, or as in this case making the recording, it is not illegal. Would it be admissible in court as evidence, don’t know. It would probably be the responsibility of the DA to get it admitted.
” Pete Kaliner, host of talk radio show on WWNC AM 570, says there’s a recording of the conversation between Anderson and the lieutenant, Bill Wilke.”
That is what he does, he SAYS things. Saying something doesn’t make it true.