There is more good than evil in this world, and when good men and women fight for what is right, evil will disappear into the darkness where it belongs.
United Way of Rutherfordton Executive Director Suzanne Mizsur-Porter is accused of fabricating a false arrest under NC Cyber-stalking statute to quell questions of possible misappropriation of grant money. Violations of First Amendment rights and inventing a criminal act that didn’t happen.
Below is the motion to dismiss…
There are about 1,800 different United Ways that fall under one umbrella group.
When you donate to the United Way, you want to understand where your United Way money goes. Most of it stays with your local United Way agency and is used for programming or administrative expenses. Percentages vary by location, but roughly 80-90% of your donation is used for programming.
United Way is not a charity but an umbrella that funds other charities. This same United Way has been under scrutiny for years. Steve Garrison – Michael Garrison’s little brother has been embroiled in this outrage and aligned with United Way director Suzanne Mizsur-Porter. See below…
On September 25, 2024, Leslie Mooney Lewis, 42, of Spindale, was charged with cyberstalking. Her case caught my attention after I saw her social media posts questioning the United Way of Rutherford County. As I do with most crime stories, I obtained the court documents to get a closer look. I discovered that the cyberstalking charge had been filed by Suzanne Porter, the Executive Director of the United Way, the very organization Lewis had been criticizing online. The unusual nature of this case led me to investigate further. Here’s what I uncovered as an independent investigative journalist. Read the magistrate affidavit here, obtained by Cops & Congress. In a motion filed to dismiss the charge, attorney Andrew LaBreche, representing the defendant, outlines extensive allegations involving high-ranking Rutherford County officials and nonprofits in what he described as a scheme to divert federal, state, and local grant funds originally intended for mental health and addiction programs. The motion argues that the cyberstalking charges against Lewis are unfounded, highlighting her role in uncovering alleged misuse of public funds and asserting that constitutional free speech rights protect her statements.
Background of allegations
The case highlights Rutherford County’s grant funds, allocated to address substance abuse and mental health issues in the community. According to the motion, a group of officials and nonprofit leaders worked collectively to divert these funds to United Way of Rutherford County, managed by Porter, for programs that “did not exist.” Attorney LaBreche, representing Lewis, stated, “After being awarded, repurposed, and/or otherwise diverted to the United Way, the funds remain unaccounted for without any programs or services being provided.”
The motion links these alleged activities to County Manager Steve Garrison, who had prior allegations of financial misconduct in Madison County, and who had ties with other officials implicated in Rutherford County, such as former Sheriff Chris Francis and District Attorney Ted Bell. These officials, the motion claims, systematically rerouted funds from the LME/MCO, Partners Health Management, to United Way of Rutherford County under the guise of mental health programs that were “never established.” Furthermore, LaBreche contends that despite receiving substantial funds over the years, United Way did not deliver the promised services for incarcerated individuals struggling with addiction.
Whistleblower and involvement of other entities and nonprofits
The motion asserts that Lewis discovered these financial discrepancies while working with Family Preservation, an agency meant to deliver services in collaboration with United Way for jail-based rehabilitation programs. Lewis reported her findings to the FBI, raising concerns about double billing and unprovided services. The allegations became public knowledge. During a January 2024 meeting of the Rutherford County community collaborative under Partners Health Management, where Porter claimed that United Way was “already providing all of those services,” though no evidence has since been provided, according to the motion. Rather than answering questions about United Way’s services and programs, Porter had Paul Derrick, a lawyer, send a letter to Diane Krisanda, the President of NAMI South Mountains after she had asked questions of Porter at that meeting (see exhibit G on page 52). “As an officer and board member of NAMI, I am sure you can appreciate the reality that private organizations, especially those that are involved in the provision of substance abuse and mental health services, cannot and should not disclose every bit of information that inquiring minds may want to know,” Derrick said in the letter.
Legal claims and motion to dismiss
The defense argues that the cyberstalking charges against Lewis should be dismissed, claiming her statements were both true and made in good faith to alert the public about the misuse of funds. LaBreche said in the filing, “Defendant’s statements are entirely protected by the First Amendment,” emphasizing that these charges are unconstitutional as they restrict her right to speak on issues of public concern without evidence that her conduct was intended to “harass or intimidate.” The motion further notes that no specific evidence of intimidation was presented, instead, Lewis only asked questions and shared factual statements concerning the spending of public funds.
The motion concludes with a call to dismiss the charges because prosecuting someone for questioning the actions of public officials would set a concerning precedent for freedom of speech in cases involving public interest.
The case has drawn attention within Rutherford County, as it raises questions about accountability in public funding for mental health and addiction services amid a worsening opioid crisis.
Timeline of allegations and events, according to the motion to dismiss
2007-2012
Steve Garrison’s Role in Madison County: Garrison served as County Manager of Madison County but resigned in 2012 under “suspicious circumstances related to financial misconduct involving grant funds,” according to the filing, allegedly diverting funds designated for local government projects to unauthorized uses.
2013-2015
Transition to Buncombe County: After leaving Madison County, Garrison was hired by Buncombe County, where he collaborated with individuals later implicated in a major fraud case. This includes working alongside Wanda Greene, who was later convicted of embezzling nearly $20 million in government funds. (She was released from prison in 2022.) During this time, Garrison’s role expanded to include oversight of several boards and committees related to mental health and addiction services.
2015-2017
Appointment as Rutherford County Manager: Garrison is appointed as Rutherford County Manager. In 2017 Porter became Executive Director of United Way of Rutherford County, and the two began working together on various projects. According to the motion, they began diverting government funds to United Way without public oversight.
2017
United Way and the Medication-Assisted Treatment (MAT) Program: Porter, along with Rutherford County officials including then-Sheriff Chris Francis, District Attorney Ted Bell, and Garrison, claims to establish a Medication-Assisted Treatment (MAT) program for incarcerated individuals dealing with opioid addiction. Despite the allocation of significant funds for this purpose, evidence suggests that these services were not delivered as promised. It’s discussed at a press conference. “A team of local stakeholders including the Rutherford County Sheriff’s Office, Family Preservation Services, United Way of Rutherford County, and District Attorney Ted Bell worked together to create the new program. It will provide Medication Assisted Treatment (MAT), behavioral therapy, and wraparound services for Rutherford County Jail inmates who are addicted to opioids,” the Rutherford County Sheriff’s Office release said.
2018-2019
Replacement of Vaya Health with Partners Behavioral Health Management: A concerted effort, led by Garrison and Porter according to the motion, successfully removed Vaya Health as the county’s LME/MCO and replaced it with Partners Health Management. This change consolidated control over mental health funds within a network connected to Garrison and other implicated officials. Following this change, substantial funds for addiction and mental health programs are funneled to United Way, although few programs are reportedly implemented, the filing said. (Note, as of today NCDHHS has four Local Management Entities/Managed Care Organizations throughout the state.)
2021
Award of Opioid Settlement Funds: Rutherford County receives over $11 million from the national opioid settlement fund, intended for programs addressing the opioid crisis. Officials, including Porter and Garrison, allegedly began planning how to use these funds without public input, despite clear requirements for community engagement and transparency stipulated in the settlement agreement.
March 7, 2022
Presentation of United Way Services to Rutherford County Board of Commissioners: Porter presents to the County Commission, claiming United Way is actively providing reentry services for individuals leaving jail. However, subsequent investigations and inquiries reveal no evidence of these services being available or effective in Rutherford County, the filing said. (Read the minutes here and watch the video here.)
January 2023
Reports to the FBI: Lewis, employed with Family Preservation (a partner in the purported MAT program), begins raising concerns about fraudulent billing practices and the lack of services. She reports her findings to the FBI, alleging double-billing and financial mismanagement.
January 26, 2024
Rutherford County Community Collaborative Meeting: During a collaborative meeting during a discussion on reentry services, Porter said that United Way is already delivering comprehensive mental health services. Collaborative members questioned the validity of this claim, leading Porter to refuse to provide documentation of these services and obtained legal counsel to deny further requests for information.
March 7, 2024
Cancellation of Collaborative Meetings: Porter and Partners Health Management cancel the next collaborative meeting to avoid further scrutiny about the services allegedly provided by United Way. Community members, including Lewis, express frustration and raise questions publicly on social media about the lack of transparency and accountability surrounding the funds.
April 2024
Foothills Catalyst Exposes Allegations: Local media outlet Foothills Catalyst publishes an article questioning United Way’s handling of public funds and its inability to demonstrate the services for which it received funding. Lewis shares this article online and continues raising public concerns regarding transparency.
April 18, 2024
Discovery of Misuse of Sheriff’s Name: It is revealed that Porter used Sheriff Aaron Ellenburg’s name in promotional materials without his permission, listing him as a United Way board member. When questioned, Porter quickly removes his name from the website, raising further suspicions about transparency at United Way.
April 26, 2024
Attempt to Alter Collaborative Bylaws: Porter proposes changes to the Rutherford County Community Collaborative bylaws to limit open discussion at meetings, allowing leadership to silence questions about fund allocation. It seeks to prohibit the recording of meetings. NC is a one-party consent state, anyone can record at their own discretion, and some people use transcription tools or other accessibility technology. This attempt is rebuffed by Collaborative members who demand clarity and accountability. Porter subsequently resigns from her role with the collaborative.
May 6, 2024 & June 3, 2024
Award of Opioid Settlement Funds: United Way of Rutherford County is awarded $258,000 of the opioid settlement funds, with $120,000 going to Gatespring Consulting, led by Porter’s “longtime associate” Scott Luetgenau. Additional funds are allocated to Preferred Choice Healthcare and Rutherford Regional Health System. This award further fuels local concerns about conflicts of interest and lack of transparency, the filing said.
September 25, 2024
Cyberstalking Charges Filed Against Lewis: Suzanne Porter files an affidavit accusing Lewis of cyberstalking, claiming Lewis’s social media posts regarding fund misuse and program failures have defamed her and damaged her reputation. District Attorney Bell proceeds with the charges, despite arguments from Lewis’s defense that her comments are protected by the First Amendment.
September-October 2024
Additional Federal Funding Awarded: United Way is awarded an additional $3 million from federal funds, but specific plans remain unclear. I published an article questioning how United Way will use the funds. (I discovered the article is in the motion as Exhibit S, beginning on page 100.)
Government Asks Public to Donate to United Way: Rutherford County government and the town of Lake Lure routinely post online asking people to donate to the United Way of Rutherford County following Hurricane Helene. Funds can also be allocated to Polk County.
November 12, 2024
Motion to Dismiss Filed: LaBreche files a motion to dismiss the cyberstalking charges against Lewis. He argues that her statements are truthful and constitutionally protected, intended to shed light on significant issues of public concern, including the potential misuse of millions in public funds. He calls for the charges to be dismissed, asserting that prosecuting Lewis for raising questions about public accountability would set a dangerous precedent.
Cops & Congress Commentary: Free Speech Under Fire – The Fight to Hold Nonprofits Accountable
This case has significant implications for the First Amendment, particularly in how it protects individuals who seek to question and criticize public entities, nonprofits, and those in positions of power. The First Amendment safeguards free speech, allowing citizens to express dissent, question the integrity of institutions, and seek accountability from those entrusted with public funds and responsibilities. Critics of government entities and nonprofits, especially when they’re calling out potential misuse of public money, should not be silenced—on the contrary, they play an essential role in maintaining transparency and accountability.
Supporters of limiting criticism may argue that unrestrained public scrutiny can divide community opinion and erode unity around essential programs. Since the United Way relies on community support, critics may say that fostering division could weaken overall backing for its initiatives, especially on sensitive issues like addiction and mental health. In my view, that could easily be solved with clear communication and more transparency about programs, services and outcomes.
In Lewis’s case, her attorney argues that the cyberstalking charges are not only baseless but represent an attempt to use legal threats to silence her legitimate questions about public spending. This tactic, if allowed, could set a troubling precedent where officials and nonprofits might wield legal tools to quash dissent and scrutiny. Here’s why that’s concerning from a First Amendment perspective:
Protected Speech vs. Intimidation Tactics: When the First Amendment protects free speech, it’s particularly attentive to speech concerning public issues. Lewis’s statements about the management of funds allocated for the opioid crisis fall squarely within the bounds of public interest. The Supreme Court has long held that criticism of public officials and entities is not only protected but vital to democracy. Criminal charges without solid evidence appear to be an attempt to stifle this public discourse.
The Lack of Evidence in Affidavits: The magistrate’s affidavit lacks concrete evidence showing any action by Lewis that would reasonably be interpreted as harassment or intimidation. Without evidence that her behavior amounted to targeted harassment, it raises questions about the legitimacy of the charges. Instead, Lewis’s actions appear to be protected speech—her right to comment on public funding issues and hold those in power accountable.
The “Chilling Effect” on Free Speech: This case reflects the larger problem of the “chilling effect,” where legal threats deter individuals from exercising their right to free speech out of fear of retaliation. If people fear legal repercussions for speaking out, especially against powerful institutions or well-connected officials, they may remain silent, allowing potential abuses to go unchecked. This case could therefore set a precedent where critics of nonprofits and public entities feel less empowered to question practices that appear suspicious.
Public Interest and Oversight of Nonprofits: The role of nonprofits in managing public funds makes them subject to scrutiny, especially when they receive taxpayer dollars. Nonprofits that receive government grants have an obligation to be transparent with the public about their use of these funds, and the First Amendment protects citizens’ right to demand transparency and accountability. Allowing nonprofits to retaliate legally against critics could create a barrier between the public and the entities intended to serve them.
SLAPP Suits and the Weaponization of Legal Tools: The motion’s framing suggests that the charges against Lewis may be akin to a SLAPP (Strategic Lawsuit Against Public Participation) suit. SLAPP suits are often used to silence critics by burdening them with costly and time-consuming legal proceedings, even when the complaints are meritless. If this interpretation is accurate, it represents an effort to weaponize the legal system against someone engaging in constitutionally protected speech.
For critics of nonprofits or public entities, the outcome of this case could serve as either a cautionary tale or an affirmation of the right to free speech. Should the charges against Lewis be dismissed, it would reinforce the principle that citizens have the right to question and criticize those who control public funds without fear of retaliation. If not, it risks empowering other nonprofits and public entities to silence critics with similar tactics.- Annie Dance
A Facebook post by Leslie Mooney Lewis, explaining her arrest for cyberstalking after she asked questions and criticized the United Way of Rutherford County. Below
Folks, Madison County, NC Sheriff Buddy Harwood tried to have me arrested for cyber-stalking. Do you know what kind of lawsuit this egregious act could entail?
Sheriff Buddy, who goes by Reverend nowadays, and Jamie List, Madison County’s Environmental health director, tried to stop my speech through this Cyber-stalking statute. They even ran it by a sitting judge and magistrate who laughed at them for attempting it. Jamie List is the one who informed me of this bonking between her and Harwood.
She even informed the Health Department years ago before becoming the department head for environmental Health. This DA in Rutherfordton County is a Republican; why is he mired in this scam? Oh, that is right. He has a conflict; he sits on the same board with this woman, Suzanne Porter. What else is happening in Rutherfordton County, run by little brother Steve?
It smells, and it only takes a small rock coming loose to expose a whole debris field. Time to see what is under these rocks-CH
I think the ACLU should take this one on it will be priceless to watch them fillet all these players.
Where is Madison County’s Opioid Settlement money? Where is the committee that is required under the NC Opioid Settlements plan? Dangly Donnie Laws is running this one too!
Where are the minutes for the last three months? Below is the county website screenshot today. There are no minutes for three months. Why are we paying Mandy Bradley over $60,000 a year when she cannot do the work? Or are they hiding the minutes?
What is happening with Team Trump next week? The reasoning for all these strange picks?
