For years, WRAL Investigates has been hearing concerns from taxpayers about Durham County District Attorney Satana Deberry's physical presence – or lack thereof – at the courthouse.

It includes concerns from people who work in the building, with some claiming her absence negatively affects her ability to do her job. 

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After a years-long fight for Deberry's key card data – records that should be public under state law – WRAL Investigates finally obtained them. They show, on average, she is in the office just over half of work days, which is significantly less than her counterparts nearby.

WRAL fights for years for public records

WRAL Investigates' work to get the key card data began in 2022, upon hearing from concerned viewers, like one who wrote to us that she works in the courthouse, and wondered where Deberry was.

"You can't prosecute violent offenders if you are never there," her email stated.

In July 2022, WRAL Investigates' producer filed a public records request for Deberry's attendance record, with Durham County and with the sheriff's office. He never got a response.

In April 2024, WRAL investigative reporter Sarah Krueger contacted the Durham County Sheriff's Office seeking the information, and was referred to Durham County. 

That same day, Krueger requested the records with the county.

By June, she had heard nothing, so she checked in. The County responded in July by writing:  "We do not have the records you requested. Contact the Durham County Sheriff's Office at pio@DurhamSheriff.org to submit your records request."

Krueger explained the sheriff's office had already referred her to the County. 

By October 2024, the county still had not provided information, so Krueger emailed the newly appointed County Attorney Larissa Williamson, explaining that the county was not following public records law, which states that records need to be provided "as promptly as possible." Williamson responded almost immediately, saying she was unfamiliar with the request. Later that day, the county turned over the records.

Key card data shows spotty attendance

Data provided by the county for Deberry's key card swipes in 2019, 2020, 2021, 2022, 2023 and 2024 (January through July) show spotty attendance.

In calculating her attendance, WRAL Investigates did not include 2019 – her first year in office – because there were entire months with no entries. The county could not tell us if that was accurate or not. 

2020: 54% of work days

2021: 51% of work days

2022: 60% of work days

2023*: 56% of work days

2024: 43% of work days

Note: *There were weeks at a time with no data in 2023. In calculating attendance, WRAL Investigates did not count those weeks toward the total.

In the Durham DA's May 2024 newsletter, it was noted that the office would partake in modified summer hours:

"The office will close at 12:30 p.m. on Fridays only from May 24 through August 30. During these times, staff members will continue to be present for court and other in-person obligations."

For comparison, WRAL Investigates requested records for Wake County District Attorney Lorrin Freeman. Her data shows she was in the office anywhere from 78% to 91% of work days.

2019: 91%

2020: 89%

2021: 78%

2022: 80%

2023: 83%

2024: 82%

WRAL Investigates also requested records for Jeff Nieman, who serves as district attorney for Orange and Chatham counties.

Data from 2023 shows him in the office at least 75% of the time, despite large gaps in data, which Orange County confirms were due to technical error.

The data from 2024 shows him in the office 80% of the time. 

WRAL Investigates also sought the data for Cumberland County District Attorney Billy West. The county still has not provided those records, which were requested months ago. The latest update from the county explains there is a "technical issue that is temporarily limiting the data they can retrieve from the swipe card system."

Multiple current, former prosecutors express concerns about Deberry's attendance record

WRAL Investigates spoke with several current and former North Carolina prosecutors about what the data revealed. All said that sporadic attendance would make it hard to do the job well, and that is not how they do or would have conducted their offices. 

Some stressed the importance of in-office attendance to monitor cases and provide guidance to assistant district attorneys, and to ensure the office is being run in an organized fashion and in keeping with policies and procedures. They also mentioned the importance of having unscheduled face time with other courthouse personnel to include defense attorneys and judges.

Satana Deberry declines interview request

Satana Deberry declined to be interviewed for this story. 

When WRAL Investigates first contacted her about her attendance record, she asked to see the data. WRAL Investigates provided her the exact records provided by the county. 

Then, Deberry sent a written response saying "Any claims that I am not physically present in my office on a regular basis are false."

Deberry claimed that because the records were generated by the county – and not by her – they were not "reliable."

WRAL Investigates then asked her to provide her own records. She responded that she does not have any. 

Deberry's initial statement stated there are ways she could enter the courthouse without ever swiping, and also claimed there are "frequent" issues with the "courthouse's security system" that could have affected her data. 

WRAL Investigates asked the county about her latter claim, and did not receive a response.

Deberry's statement continued: 

"As the District Attorney of Durham County, my responsibilities extend far beyond the standard 8:00 AM -5:00 PM workday. My work hours are effectively 24/7, as I am frequently called upon by staff, judges, law enforcement, other agencies, and members of the public, at all hours – late at night, early in the morning, on weekends, and even during personal leave or illness."

Law professors weigh in on district attorney attendance

WRAL Investigates asked two law professors for their perspective on district attorney attendance. 

"It's important that every DA is working full-time," explained Jeff Welty, Professor of Public Law and Government at the UNC School of Government. "We have a statute in North Carolina that requires the District Attorneys to devote their full-time effort to the job of being a district attorney and the taxpayers deserve full-time effort.

"Whether that effort needs to take place in the office all the time, I think that depends. There’s different ways to do the job."

Welty noted that some of the work of a district attorney could take place outside of the courthouse, like meeting with victims' families or speaking at community events. 

"There's no formula," he said. "There's no one way to do it. There's no instruction manual."

Elon Law Professor Steven Friedland, a former assistant U.S. attorney in Washington D.C., echoed Welty's sentiment.

"I will say to you, I think there are trade-offs to prosecutors being in the office and being out of the office," he said. "The lead DA, the lead prosecutor, sets policy for the office. Keeps morale up in the office. Has to manage downward all the other prosecutors, but also upward and outward."

"They've got a lot on their plate," Welty said. "And they need to do it and do it well in the interest of justice."

"It’s a really hard job," he continued. "And even for very bright, talented people, it’s full-time plus."