The order to seal the evidence room, signed by Chief Resident Superior Court Judge Tessa Sellers, noted that on April 8, District Attorney Ashley Welch was notified that the sheriff’s office had conducted an internal audit in 2022 under former Sheriff Derrick Palmer and that there “may have been” evidence missing at that time. According to the order, the issue was not reported to Welch at the time.

Welch requested that CCSO Attorney Holly Christie share a copy of that 2022 audit report.

“[Christie located] the former audit, and there were voluminous sticky notes on the audit that indicated missing items of evidence,” the order reads, adding that CCSO confirmed that, at this point, there is at least one missing piece of evidence.

The order ultimately states that the evidence room, along with any other places any evidence may be found, such as individual offices or patrol vehicles, must be sealed pending an external audit.

In a brief conversation with The Smoky Mountain News on April 11, County Attorney Darryl Brown said that the sheriff’s office is complying with the order and that any locations where CCSO evidence was being stored have all been sealed.

“I did that personally yesterday morning,” he said.

The order mandates that the sheriff’s office was to immediately set up a temporary evidence storage location so that new cases could be opened. While it isn’t immediately clear how this will impact day-to-day sheriff’s office operations, the lack of ability to access previous evidence vital to ongoing investigations will hamper the ability to move the ball forward on any current cases.

In an email to SMN, District Attorney Welch commented on Judge Sellers’ order.

“We are in the beginning stages of an investigation that is critical to upholding public trust in the justice system,” Welch said in the email.

“I want to assure the people of Cherokee County that the District Attorney’s Office will do what is necessary to ensure their safety and protection,” she added. “As the highest law enforcement officer over the seven westernmost counties, it is my sworn duty as prosecutor to make sure that officers operate strictly within the bounds of the law.”

The order to seal any areas of CCSO with evidence comes on the heels of another blow the office suffered when it comes to its ability to investigate criminal cases. On April 1, Welch issued Teasdale’s Giglio order.

A Giglio order, known in police circles as “the career killer,” is issued by a district attorney when a law enforcement officer has compromised their credibility to the degree that their character could impeached on the witness stand. Basically, they can’t be trusted to testify during a trial. Welch has previously issued one Giglio Order in 2018.

That letter sent from Welch to Teasdale, obtained by SMN, states that after a review of materials and information related to Teasdale’s initial investigation of the police-involved shooting of Jason Kloepfer in December 2022, it was determined that Teasdale was “dishonest” on “more than one occasion.”

In a sworn affidavit filed in January, Welch states that she received a phone call from Teasdale in which he said Kloepfer had a “history of violence with law enforcement officers” and that a “hostage situation” had taken place over several hours.  However, footage taken by a camera Kleopfer kept in his home showed that he was in bed when officers told him to come to his door.

“Detective Teasdale told me that when Jason Kloepfer came to the door of his home, there was a verbal altercation between him and law enforcement and that Kloepfer had come to the door with a gun,” the affidavit reads.

The same footage shows Kloepfer go to his door, unarmed, with his hands raised in the air, apparently complying with orders.

“… it became clear to me that the information Detective Teasdale provided to both Assistant DA Hindsman and me within a few hours after the shooting was not accurate,” Welch said in the affidavit.

In an interview with SMN for the March story, Welch said that while she couldn’t comment on pending litigation — even in a case where her office isn’t representing the state — she admitted that she’s never dealt with something of this “magnitude,” and at that time she was weighing whether a Giglio Order would be appropriate for Teasdale.  

“We do not like having to take this action, but the reputation and integrity of both law enforcement and our justice system are at stake in this situation,” the letter reads. “The credibility of the justice system rests on the foundation that public servants are truthful with integrity that is beyond reproach.”