Court Of Appeals Grants New Trial For Former Johnston County Commissioner Richard Braswell
RALEIGH — The North Carolina Court of Appeals has vacated the 2024 conviction of former Johnston County Commissioner Richard D. Braswell and ordered a new trial, concluding that errors during the original proceedings unfairly prejudiced the jury.
In a unanimous opinion filed January 21, 2026, the Court of Appeals ruled that the trial court improperly allowed the prosecution to introduce testimony bolstering the credibility of the accusing witness, even though the defense had not attacked her general character for truthfulness as required under state evidence rules. As a result, the appellate court vacated the judgment and remanded the case to Johnston County Superior Court for a new trial.
Braswell was convicted on October 7, 2024, following a two-week trial in Johnston County Superior Court, where a jury found him guilty of one count of taking indecent liberties with a child. He was sentenced to an active prison term of 20 to 33 months and ordered to register as a sex offender for 30 years. Braswell immediately appealed the conviction.
Appellate Court’s Ruling
Writing for the court, Judge Jeffrey Carpenter explained that while the defense challenged the accusing witness’s credibility by highlighting inconsistencies in her statements and suggesting possible bias, those tactics did not amount to an attack on her general character for truthfulness. Under North Carolina Rule of Evidence 608, testimony supporting a witness’s reputation for honesty is only admissible if that character trait has first been attacked.
During the 2024 trial, five witnesses — including friends, a minister, and a family member — were permitted to testify that the accusing witness had a strong reputation for honesty. The Court of Appeals concluded this testimony should not have been allowed and that its admission likely influenced the jury’s verdict.
“The case hinged on the credibility of the accusing witness,” the court wrote, noting there was no physical evidence presented at trial. Because of that, the improper character testimony created a reasonable possibility that the outcome would have been different without the error.
The court therefore vacated the conviction and sentence and ordered a new trial. The panel did not address Braswell’s remaining appellate arguments, finding the evidentiary issue dispositive.
Background
Braswell was arrested in June 2022 following an investigation by the Johnston County Sheriff’s Office. The allegations involved a juvenile female who was 13 years old at the time of the incident. A Johnston County grand jury indicted Braswell on August 1, 2022.
At the time of his arrest, Braswell was serving as a Johnston County commissioner, representing District 3. He had been appointed to the board in December 2021 to fill an unexpired term and later won election in November 2022. Following his 2024 conviction, county commissioners voted unanimously to begin the process of filling his vacant seat.
What Happens Next
The case now returns to Johnston County Superior Court, where prosecutors may elect to retry Braswell on the charge.
In an email, Johnston County District Attorney Jason Waller said, “We are aware of the ruling and will go through our process of evaluating the Court of Appeals opinion and how it may affect the evidence in the case. We will also meet with the victim and discuss our options with her before making a decision.”
The Court of Appeals decision does not equate to a finding of innocence but instead holds that legal errors during the original trial require the verdict to be set aside.
Braswell was represented on appeal by attorney Joseph E. Zeszotarski Jr. of Gammon & Zeszotarski, PLLC. The State was represented by Attorney General Jeff Jackson’s office.
No date has yet been announced for further proceedings.
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my opinion of the states AG just took a nosedive; they should have known this.
I believe he has the votes to make a return back to his Johnston County commissioners seat!!! Folks this was all about getting a prenuptial agreement voided.
Nah, this is a stretch, not DA ‘s fault. It’s just money buying judges. He did most of his time and is guilty in the public eye. Wouldn’t waste anymore taxpayer money of time. Life is ruined already…..
The Good Ol Boy network is alive and well in JoCo.
Was convicted in Joco. This was an appeal at the state level by the AG office. Not good old boy, good ole money to get attorneys to comb over his case looking for any minute detail that could be argued.
Exactly right… if he was hispanic or black the conviction would stand.
Here y’all go again, playing the race card! Always the victims.
If he was hispanic or black or anything other than white, he would’ve never been charged, as long as the victim was white.
I can’t believe this sh*t. Money is buying his way through this trial. The evidence overwhelmingly is there and hands down is an easy conviction. I can not believe they would even think about a new trial
The accusing witnesses was a child at the time of the arrest! Children do not make up stories of molestation! That man has made my skin crawl since the day he was arrested!
Please make this make sense.
Ugly will always surface and God don’t like ugly… he’s rotten and his soul knows it money can’t buy god’s forgiveness he’s rotten!!
You don’t know the whole story. And yes some children would lie. Again ,you don’t know all the details. If you did you would delete your comment
Good. The DA disregarded the law as written,and now he has been told that there are rules that have to be followed. Rules you knew, but disregarded. The rule of law applies equally to all.
McMartin Preschool Trial (1980s, California): One of the longest and most sensational trials, featuring bizarre allegations (e.g., ritual abuse, flying to farms) from young children, leading to acquittals and questioning the validity of suggestive interview methods that potentially planted memories.
Fells Acres Day Care (1980s, Massachusetts): Gerald Amirault was convicted based on children’s reports, but later exonerated, demonstrating how early suggestive questioning could create false narratives, even leading to wrongful convictions.
Wee Care Nursery School (1980s, New Jersey): Similar to McMartin, this case involved serious accusations where suggestive interviewing techniques played a role, leading to a conviction that was later questioned.
Children / teens can be coached to fabricate / lie.
And the list of children who have told the truth about abuse and weren’t believed because of people like you could wrap around the earth a million times.
Don’t forget the NC Little Rascals Daycare fiasco, the Howard Dudley case in Kinston Nc and so many more where people were convicted without any evidence whatsoever.. people’s lives were ruined by this.
No physical evidence presented at trail???really????just the statement by a child???? Really???
This is bad news for Johnston County, this guy is guilty and we see what money does. Guys just so everyone is aware he has a tablet and is still running his business in prison. Now you are making out as the teenager is lying. SHAME on you. You all will get karma. The man upstairs knows what’s happening here.
That’s that trump syndrome they have. They ignore the evidence. They wouldn’t care if their own kids where done like this
Just like an “accountant” in town couldn’t be charged with a crime for falsely changing mine and my ex husband’s tax documents. He used white out and said that i was a plumber and my ex worked for a salon. When i called him to try to fix it thinking maybe some weird chance it was an accident. I didn’t care just asked him to fix it. He said take me court, sue me. It has messed up everything, taxes, social security everything. When i called the accounting board they couldn’t help either, they advised he had tried to Pass the exam over 10 times and failed horribly… since he had no license they can’t do anything about it. Called an attorney in town for help, he wouldn’t help either saying you know he’s in the good ole boys club of Joco and them boys would make my life h*ll and his and they wouldn’t even get a slap on the wrist. He is still practicing as an accountant today.
Well I guess the county commissioner can appoint him back to the county board.
Since he is not a felon now.
He will able take sue to get on the ballot.
Or run in general election as a write in.