October  11, 2008                         October 11, 2008



A special prosecutor is investigating allegations that a deputy prosecutor in the Benton County prosecutor's office hacked into the personal e-mail of the former chief deputy.



Drew Ledbetter is accused of accessing without permission the personal e-mail of Shane Wilkinson, the former chief deputy who resigned Aug. 25.



Sheriff Keith Ferguson, County Attorney Robin Green and Wilkinson informed Prosecutor Van Stone of the allegations Tuesday, according to a court order. The sheriff's office seized Ledbetter's work laptop, Ferguson said.



On Wednesday, Stone asked that a special prosecutor be appointed, to avoid any appearance of impropriety, according to an order signed by Benton County Circuit Judge John Scott.



"It's the only appropriate course of action when you have a situation like this -- a former employee and allegations involving a current employee," Stone said Friday.



H.G. Foster of Conway confirmed Friday he was appointed special prosecutor to lead the inquiry. Foster said he's been in touch with the sheriff's office and will travel to Benton County soon. He said he could not comment on what charge might apply if the allegations were found true.



Wilkinson, who said Friday he is now in private practice, declined to comment on the time frame involved in the allegations.



"If it's true that someone has gained access to my passwords, that would be a crime for any normal citizen. If it's true that it's a prosecutor, it's more egregious -- and more disappointing," Wilkinson said.



Ledbetter is on leave due to the birth of a child, Stone said. If Foster's review isn't finished by the time Ledbetter returns, Stone said he'll make a decision then whether to continue that leave. He emphasized Ledbetter has not been charged with a crime.



Ledbetter answered his work cell phone Friday afternoon and said he could not comment.



The investigation began when Wilkinson informed Green that he believed someone from the county was accessing records without authorization.



"The county traced it as far as we could," Green said Friday. She declined to comment further, since the investigation is now with the special prosecutor.



Sheriff Ferguson confirmed Friday his office has an ongoing investigation but declined to talk about it, since he hasn't yet met with Foster.



When Stone took office in January 2007, he named Wilkinson and Ledbetter his No. 2 and No. 3 attorneys, respectively.



Wilkinson had been with the office since 2002, and his resignation was unexpected. Stone declined to say whether he'd formally named Ledbetter, 31, to the chief deputy position.



"I have no comment on personnel matters," he said.



Scott sealed the order to appoint a special prosecutor on Wednesday. Foster asked that it be unsealed Friday, and a copy was provided to the media.



Foster is a former Faulkner County prosecuting attorney. He was involved with the investigation into whether a police officer acted in self defense in June 2007 in the shooting death of 12-year-old DeAunta Farrow in West Memphis.



At A Glance





Protecting Personal Data



Arkansas law protects the privacy of a person's computer information in several ways, including: 5-41-104 Computer trespass



Any person commits computer trespass who intentionally and without authorization accesses, alters, deletes, damages, destroys or disrupts any computer, computer system, computer network, computer program or data.



Computer trespass is a Class C misdemeanor if a first violation that does not cause any loss or damage. Potential penalties increase with subsequent violations and according to the value of loss or damage.



Source: Arkansas Code