UNITED STATES ATTORNEY
GRETCHEN C.F. SHAPPERT
WESTERN DISTRICT OF NORTH CAROLINA

FOR IMMEDIATE RELEASE
JANUARY 9, 2008

CONTACT: SUELLEN PIERCE
704.338.3120
FAX 704.227.0264

CHEROKEE TRIBAL COUNCILMAN TO SERVE 15 DAYS IN PRISON
Alan “B.” Ensley Sentenced for Direct Criminal Contempt of a Court of the United States ASHEVILLE, NC - Alan B. Ensley, 43, of Cherokee, NC, a sitting Tribal Councilman of the Eastern Band of Cherokee Indians, has been sentenced in federal court for direct criminal contempt of a court of the United States in connection with a charge, to which he pled guilty, that while in the presence of a U.S. Magistrate Judge he testified falsely to a material fact while under oath. The charge was based on Ensley’s conduct in U.S. Magistrate Judge’s Court, in Asheville, on August 21, 2007 when he testified falsely to a material fact while under oath to testify truthfully during a detention and probable cause hearing in the case of US v. Charles Cody Ensley, Docket Number 2:07CR30. On Wednesday, January 9, “B.” Ensley was sentenced to serve 15 days in jail, and to pay $50 in fees and assessments by U.S. Magistrate Judge Dennis L. Howell.

At a December 6, 2007 plea hearing “B.” Ensley entered his guilty plea to the misdemeanor charge pursuant to a plea agreement. The false testimony took place when “B.” Ensley was present in the courtroom of U.S. Magistrate Judge Dennis L. Howell during a detention and probable cause hearing on August 21, 2007 in the criminal case against his son, Charles Cody Ensley. During Charles Cody Ensley’s detention hearing, according to testimony presented at the December 6 plea hearing for “B.” Ensley, Charles Cody Ensley testified under oath and denied his reported confession, and denied having made statements to the FBI that his life was over and that he needed to kill himself as set out in an affidavit previously filed in U.S. District Court. Following Charles Cody Ensley’s sworn testimony, the United States called “B.” Ensley to the stand to testify. “B.” Ensley was duly sworn and took an oath to testify truthfully. Following questions from the United States, counsel for Charles Cody Ensley asked a series of questions during cross-examination. While addressing facts related in the affidavit, defense counsel and “B.” Ensley engaged in the following exchange:
Q: Have you ever known him [Charles Cody Ensley] to be suicidal, to act or to say
anything suicidal?
A: No.

According to testimony presented “B.” Ensley’s plea hearing on December 6, “B.” Ensley engaged in several recorded telephone conversations with his son, Charles Cody Ensley, which took place while Charles Cody Ensley was in custody at the Buncombe County Detention Facility prior to August 21, 2007. Further, according to testimony presented at “B.” Ensley’s plea hearing on December 6, during at least two of these conversations, Charles Cody Ensley and “B.” Ensley specifically discussed Charles Cody Ensley’s threats to commit suicide.

Charles Cody Ensley has entered his guilty plea in the related case, US v. Ensley, Docket Number 2:07CR30, and is presently in federal custody and awaiting sentencing. United States Attorney Gretchen C.F. Shappert stated, “B. Ensley’s sentencing should serve as a serious reminder that to lie while under oath in federal court is a serious offense and will not be tolerated.” Alan B. Ensley was first elected as a Tribal Councilman in 1995, and represents the Yellowhill Community on the Council.

The case was handled for the government by Assistant U.S. Attorney Don Gast of the Asheville Office of the U.S. Attorney for the Western District of North Carolina. The FBI investigated the case against Charles Cody Ensley.