ATTORNEY KRISPEN CULBERTSON ACQUITTED OF WRONGDOING
Greensboro Editorial Press
By Nicholas Maze - Staff Writer Timeline: 10/6/04
By Nicholas Maze - Staff Writer Timeline: 10/6/04
GREENSBORO - As reported in an article originally published in the Greensboro News &
Record, on October 6, 2004 the North Carolina State Bar acquitted Attorney Krispen Culbertson of ethical wrongdoing in relation to an incident that occurred on June 10, 2002 involving his neighbor, Oscar Lee Hooper.
An issue during the hearing was whether Mr. Culbertson had engaged in the activity that Mr. Hooper had accused him of (an assault involving physical injury), and whether the attorney had then lied about the incident in denying those accusations. A civil lawsuit by the Hoopers against Mr. Culbertson followed the June 10 allegations and both, Culbertson and Hooper filed criminal cross-warrants against each other, alleging assault.
A full panel of the Bar Disciplinary Committee, following a complete hearing of the
documentary and oral testimony against him, determined that Mr. Culbertson did not “breach
any ethical standard involving truthfulness.” The case against him was dismissed following the close of the plaintiff’s case.
Accuser a Convicted Felon -- Fraud
Both Oscar Lee Hooper and his wife testified at the hearing, answering questions from the Bar prosecutor, Root Edmonson, and gave often contradictory accounts of the events. On cross examination it was revealed that Mrs. Hooper had current prescription medicine for an undisclosed psychological condition, and that Mr. Hooper had prior felony convictions, all involving fraud, and an impaired driving conviction.
Polygraph Test Results
Culbertson was represented by Jonathan Dills, who made his first appearance as counsel before the State Bar Disciplinary Committee. Of particular interest was the testimony of Mr. Culbertson’s civil attorney, Gerald Beaver, who was called upon to testify prior to the close of the plaintiff’s case, that in order to assure himself that it was proper to assert Mr. Culbertson’s version of events to the State Bar at the time of the initial inquiry, he had asked Culbertson to submit to a polygraph test, administered by a former specialist with the State Bureau of Investigations.
Although disallowed from providing the actual results, Beaver did indicate that after seeing the polygraph results, he “determined it was appropriate to continue” furthering Culbertson’s version of events. Beaver also indicated that the questions posed during the polygraph went to the heart of the assault allegations. The Hooper's had reportedly refused to take a polygraph examination when requested by counsel for Mr. Culbertson.
Testimony at the hearing also indicated that the parties had settled all civil and criminal matters involving the allegations. Mr. Culbertson and his wife appeared at the hearing with several witnesses -- two of whom were listed as witnesses to injuries that Culbertson appeared to have received on the night of the June 10 incident, and medical evidence from a neurosurgeon regarding Hooper’s allegations of his own injuries. The medical evidence was expected to disprove that Culbertson had factually caused the injury Hooper complained of and that instead he had previously received a severe injury from another source which required hospitalization several weeks earlier.
Mr. and Mrs. Culbertson declined to be interviewed following the hearing.
