FOR IMMEDIATE RELEASE:
TUESDAY - November 10, 2009
NEW BERN MEN SENTENCED TO 33 MONTHS
FOR CONSPIRING TO RETALIATE AGAINST A WITNESS
WHO TESTIFIED IN A FEDERAL CRIMINAL TRIAL
NEW BERN - United States Attorney George E.B. Holding announced that in federal court today, JOSEPH THOMAS MOSELEY, JR., 24, and ARTHUR DELAN CALDWELL a/k/a “Cash”, 24, were sentenced to 33 months imprisonment by Chief United States District Judge Louise W. Flanagan for conspiring to engage in conduct, or threatening to engage in conduct, with the intent to retaliate against a witness who testified in the federal criminal trial against Martrey Newby, held in New Bern in July 2008. CALDWELL was also found guilty of engaging in conduct, or threatening to engage in conduct, with the intent to retaliate against a witness who testified in the federal criminal trial against Newby.
On December 10, 2008, Newby, was sentenced to 425 months in federal prison by Chief United States District Judge Louise W. Flanagan, after a jury convicted Newby on July 24, 2008, of conspiracy to distribute more than 50 grams of cocaine base (crack), and five counts of possession with the intent to distribute cocaine base (crack).
The evidence at trial showed that on August 30, 2008, just over one month after the Newby trial, CALDWELL and MOSELEY, Newby’s first cousin, went to the home of the witness. CALDWELL forced his way into the home, where CALDWELL confronted a family member of the witness, and the witness. MOSELEY, accused the witness of being responsible for getting his cousin, Newby, thirty to forty years in prison, and CALDWELL attempted to assault the witness, but assaulted the family member instead.
The evidence at trial also included the Visitor Logs maintained by the Office of Court Security for the federal courts, showing that MOSELEY, attended the Newby trial last July, specifically at the time of the testimony of the witness against whom CALDWELL and MOSELEY conspired to retaliate.
Both men were also sentenced to pay a $1,000.00 fine and received two years of supervised release following their terms of imprisonment.
Mr. Holding stated, “It is vital to the integrity of our judicial system that we hold accountable any individual who retaliates against a witness who testifies or cooperates in a federal criminal proceeding, particularly a federal criminal trial. This case should send a message to any person who thinks retaliating against a witness in a federal criminal trial will not taken seriously by our office.”
Investigation of the case was conducted by the New Bern Police Department. Assistant United States Attorney Joshua Royster and Special Assistant United States Attorney Glenn Perry served as the prosecutors for the government. Prosecutor.Mr. Perry is a prosecutor with the Pitt County District Attorney’s Office.District Attorney Clark Everett has assigned him to the United States Attorney’s Office to prosecute federal Organized Crime Drug Enforcement Task Force criminal matters.This has been made possible by a grant funded by the Governor’s Crime Commission.
News releases are available on the U. S. Attorney’s web page at www.usdoj.gov/usao/nce within 48 hours of release.