First, I would like to re-assert that it is not the purpose of the Committee to go after attorneys, be they prosecutors or defense attorneys. We strenuously object to the selective prosecution and persecution of Mr. Mike Nifong, when other prosecutors are passed over and protected by the State Bar and state officials for misconduct that is far more grievous than anything Mr. Nifong is alleged to have done.
I agree with the blogger who stated that prosecutors should not be disciplined because they make a mistake and prosecute the wrong individual(s). True, we are all human. However, Prosecutor Freda Black pursued the prosecution of a teenager without any physical evidence and in spite of the fact that he did not match the description given by the victim. Also, because the defense attorney did not object, Ms. Black was able to introduce evidence that was considered to be inadmissible in winning her verdict. She was definitely not acting as a minister of justice in this instance.
I also am in agreement with the blogger who stated that the defense attorney did not present an adequate defense for his client. But, just as the State Bar has no will to discipline prosecutors, it lacks the will to go after incompetent defense attorneys (because they make it easier to win convictions). I do not believe that Erick Daniels's attorney acted with malice, and he even admitted to not doing an acceptable job in representing Erick Daniels.
Now, I did file a complaint with the North Carolina State Bar against Defense Attorney Johnny Gaskins, who represented James Arthur Johnson. Besides being ineffective as a defense attorney, and allowing his client to be confined to jail for 39 months, Mr. Gaskins made prejudicial statements against his client (on a television news program) about an accessory after the fact charge which is still being investigated. AmericaIsWatching.org recommended in its website that readers file the complaint if they were outraged by Mr. Gaskins's statements. I was, so I did.
I think that we can all agree, despite our difference of opinion on this case, that Erick Daniels should at the least be proclaimed "innocent" by Governor Easley, and awarded the paltry sum of $20,000.00 per year for each year of wrongful incarceration.