Mayor Gregory Cummings and challenger Allen Dial.
                                 Robesonian file

Mayor Gregory Cummings and challenger Allen Dial.

Robesonian file

PEMBROKE — The Wake County Superior Court has put Mayor Gregory Cummings’ protest hearing into recess after the proceedings on Tuesday.

Both parties were allowed to bring witnesses, as well as affidavits and other documents, to the stand.

Attorney Hart Miles, representing Mayoral Candidate Allen Dial, gave the first opening statements.

Miles said that the allegations made against his client are surface-level. He says his evidence includes affidavits from most of the voters whose ballots were challenged and live testimony from some who attended the hearing.

Attorney Johnathan Charleston, representing Incumbent Mayor Gregory Cummings, gave his opening statements second.

He stated that Robeson County has a history of voter fraud and that Dial has been involved in problematic elections in the past. Charleston said the totality of the circumstances needed to be considered and that the bad acts of the past may reflect poorly on Dial.

Charleston asked Dial several questions under oath, including his address, what he does for a living, confirmation of prior events and the accuracy of his affidavit.

Dial found an inconsistency in his written statement and stated that the property he owns on 104 3rd and West St. is not leased.

The council moved into a closed session to discuss the issue. Upon returning, the county attorney, Rob Davis, requested a recess due to an issue with Dial’s former testimony. Davis stated his need to clarify the issue with the state bar to determine if and how it affects this case.

The protest hearing will be brought back into session on July 8.

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Contact Victoria Sanderson at Vsanderson@www.robesonian.com