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Scarbrough Reacts



Earlier this week, The Report requested a statement from Toby Scarbrough regarding the outcome of his appeal hearing. Today, Jan. 16, we received a fax from his attorney Charles Cheek with the follow response:

“I am very disappointed with the Board’s decision. All I wanted was a fair opportunity to be heard by the Hearing Committee after receiving the evidence relevant to the charge against me. The NHSC staff and now the Board has denied me both, but imposed a death sentence. Instead of being the solution, a majority of the board members decided to support the staff’s known violation of NHSC regulations and precedent and turn a blind eye to fair play that each would expect if they were the target. In doing so, I am advised that the Board:

* Struck the points outlined in my appeal since they could not address them without overturning their predisposition to convict me;

* Disregarded the “sermon” of Judge Russell for the Commission “to get at the truth and not to conceal the truth” especially when “there’s no doubt the Commission is relying on someone they know to be a liar” and, most surprising of all,

*Failed to consider the numerous NHSC missteps, denial of due process and suggested corrections outlined in the Dec. 15 letter of Craig Evans -- a board member of six years, architect of the NHSC enforcement rules and retained legal advisor. Of course, the Jan. 5 Board meeting was set knowing that Mr. Evans could not attend.

I have no choice but to challenge these actions, both formally and informally. I am confident that I will prevail. My fear is that the process for overturning and redressing this NHSC action will ultimately discredit the NHSC and its sponsor organizations that I have proudly served and supported for years, raise further questions as to the legitimacy of Celebration investigations, and impeach several individuals who have long been associated with the industry. Unfortunately, the NHSC has left me no reasonable alternative.”

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