Ten is not enough

(Note:  UPDATE ON POSTING OF THE SUPER-FLOG)

Work on the Super-Flog is moving along nicely, but because it is such a huge project, its completion is taking longer than anticipated.  The latest ETP [Estimated Time of Posting] is Saturday, January 5, 2013.  It will contain information about the State Bar's action against me, as well as important never-before-seen prosecution discovery that will blow your socks off. 

Please be patient as the Super-Flog will be well worth the wait.

On the last day of 2012, Monday, December 31st, North Carolina Governor Bev Perdue issued pardons of innocence for the group of defendants known as the “Wilmington 10.” For the past seven months she had been under increased pressure to pardon them, as new evidence was unearthed that cast further doubts on the fairness of the criminal trial held forty years ago.

The trial and subsequent convictions of the nine African American men and Caucasian woman stemmed from civil unrest in Wilmington in the early 1970’s over school integration. The ten were charged and convicted of firebombing a white owned grocery store in a black neighborhood and then firing weapons at emergency responders. Amnesty International and journalists questioned their arrest and the fairness of their trials, and in 1978 Governor Jim Hunt commuted their sentences… but he withheld a pardon pending an appeal by prosecutors. Two years later, in 1980, the U.S. Fourth Circuit Court of Appeals overturned the convictions citing prosecutorial misconduct.

The Wilmington Ten injustice is one that should not have taken forty years to rectify… during which time four of the ten have died, and all have had trouble recovering from the injustice and stigma of being a convicted felon.

I applaud Governor Perdue for pardoning the Wilmington Ten, however, unlike others I do not feel her actions were courageous or heroic. With the mounting evidence turned up by author Tim Tyson which highlighted the many misdeeds and malfeasances of the prosecutor Jay Stroud during the trial, she really had no alternative but to grant a pardon of innocence. Instead of waiting seven months after the petition for clemency was filed before making a decision, Governor Perdue should have acted immediately in granting the full pardon.

The governor was slow to issue a pardon of innocence in the Gregory F. Taylor case too… the only other instance where she granted a pardon during her four year tenure as the state’s chief executive. I wrote her three letters during the months following Taylor’s exoneration by the three judge innocence panel pleading for her to grant a pardon of innocence so that he could pursue compensation for his seven years of wrongful incarceration.

I am in disagreement with all the plaudits heaped upon her by Benjamin Chavis (one of the Wilmington Ten), U.S. Representative David Price, and NAACP State president Dr. Rev. William Barber, II, the editorial board of The News & Observer, and others because Governor Perdue fell woefully short by failing to issue pardons of innocence to Erick Daniels, Shawn Massey, and Glen Chapman… three exonerated black defendants, the first two being denied pardons by the Governor’s Clemency Board, and the latter who was wrongly convicted and put on death row. The innocence of these three men is undeniable, with no forensic evidence connecting them to the crimes for which they were charged, and witness descriptions in the first two incidents being at odds with the defendants. Erick Daniels was fourteen at the time of his arrest on an armed robbery charge in which he was identified by the shape of his eyebrows in a middle school yearbook. He served seven years of a ten to fourteen year sentence before his conviction was tossed during a hearing for a new trial. Shawn Massey, like Daniels, differed dramatically in hair style described by witness to the robbery for which he was convicted. He served twelve years behind bars before an innocence project at Duke University Law School took up his case and successfully affected his exoneration.

Glen Chapman, who has had his petition for a pardon of innocence filed with the Governor’s Clemency Panel for more than a year, has not been issued a ruling.

These three men have had the best years of their lives wrongfully taken from them by a selective justice system that is based on Class and Color. Freedom, is without doubt the most valuable possession a man or woman can possess, and to have it wrenched away without probable cause or credible evidence is devastating. In addition, the wrongful conviction for a felony results in a stigma which has an adverse bearing on the innocent defendant’s life forever.

Erick Daniels, Shawn Massey, and Glen Chapman are all deserving of a pardon of innocence so that they can pursue compensation to which they are entitled by laws enacted by the North Carolina General Assembly. They deserve to be pardoned now… not in another forty years or so. Governor Perdue has had the opportunity to clean up the criminal injustice slate involving the three, but it looks as though she will let it pass. I am not surprised as she as proven to me that she lacks the Nifongian courage to do the right thing. The governor can make all the flowery and political correct speeches she wants to about past and present racial injustices, however, when it comes down to it, it’s nothing more than meaningless talk… as racial injustice continues to run rampant and she, with the opportunity to do something about it, has taken no action. The least she could have done is deliver pardons of innocence for Daniels, Massey, and Chapman.

As far as I am concerned, the governor’s failure to grant pardons of innocence to all thirteen mentioned above represents a disappointing end to a disappointing four year gubernatorial tenure… and leaves her with a disappointing legacy.

Restatement of purpose

Every now and again it seems as though the readers and commenters of this blog site get derailed about the purpose of the Committee on Justice for Mike Nifong and its members. Once again, let me put the train back on track to avoid the discourse of distractions and the obstacles of obfuscation… so we can locomotion along the rails to enlightenment.

As we near our four anniversary this coming June, our mission statement and resolve has been steady, uncompromising, and one which follows the light of truth. The fundamental beliefs upon which this organization was founded have been and remain based upon the following principles: (1) former Durham District Attorney Mike Nifong was selectively and unjustly persecuted and disbarred by the North Carolina State Bar because of his handing of the Duke Lacrosse case; (2) Mr. Nifong handled the Duke Lacrosse case well within the acceptable standards of a state prosecutor; (3) that Mr. Nifong is the only prosecutor to be disbarred due to professional misconduct is an outrage, especially when considering prosecutors Tom Ford (Gregory Taylor and Carletta Alston cases), Bill Wolfe (James Arthur Johnson case), Michael D. Parker (Floyd Brown case), and David Hoke (Alan Gell case), just to name a few. Our group’s focus remains committed to encouraging the NC State Bar to unilaterally and unconditionally reinstate Mr. Nifong’s license to practice law in the state without restrictions. Although Mr. Nifong has expressed that he never intends to practice law again, it is the contention that his license to practice law was unjustly taken by the Bar, and that it needs to man up and do the right thing by reinstating it.

Members of the Committee on Justice for Mike Nifong, I believe, are some of the most courageous people in the state, because they lend their names and their faces to a righteous cause that is widely unpopular with the public because of contamination of the news that is broadcast and published by biased media-types… the big wigs in the upper echelons who determine what stories to follow, which stories to ignore, and what spin to give. Instead of remaining silent in the face of blatant anti-Nifong injustice, like most politicians, media outlets, and many civil rights organizations, members of the Committee speak loudly by their demonstration of courage. There are many ways to put it, but I like the saying attributed to President Abraham Lincoln who stated: “To sin by silence makes cowards of men.” One thing is certain… the members of our group, currently one shy of two dozen, are not cowards.

The Committee is, and always has been an inclusive organization, welcoming brave individuals who coalesce around the principles recited above with respect to former Durham District Attorney Mike Nifong. No one has been turned down for membership, and dues and/or investment of time or money is not required. All that is required is the heart to seek justice for Mike Nifong, which at its most primal form would be the reinstatement of his law license. Potential members are not vetted or required to provide personal information about themselves, their political leanings, or their ideologies on other topics. Likewise, our group is extremely tolerant of others and we do not discriminate with respect to granting membership.

It is not expected, or even desired that everyone who joins the group hold the same beliefs or opinions on issues other than Mike Nifong’s mistreatment by the state and the media. Gay and lesbians, people of all races and colors, worshippers of all religions as well as atheists, Democrats and even Republicans are all invited to join.

Some commenters are quick to cast some Committee members as homophobes or racists, but I find that these labels are often made without substance. There are people who might not agree with same-sex relationships or who might have a problem with gay and lesbians getting married, but that, at least to my way of thinking, does not categorize them as being homophobes. Personally, I have no problem whatever with gay and lesbian relationships. I have no problem with civil union between couples of the same sex and I do not object to the term “marriage” being used to define such relationships. To my mind marriage is an institution in which two individuals are fully and lovingly committed to one another regardless of their sexes. Not only that, but I believe that the liberal tolerance towards gays and lesbians is growing and gaining greater acceptance.

Hopefully this blog will put issues about homophobia and racism to rest, and the future blogs can be devoted to issues of criminal justice… such as the vendetta prosecutions of Crystal Mangum, the racist pardon policy that the governor’s office has used to deny pardons to Erick Daniels and Shawn Massey, the anti-Nifong discrimination by Duke University against me, and other important issues facing Tar Heelians who believe in the principle of “equal justice for all” instead of those who follow the tenet of “selective justice based on Class and Color.” 

Comic book roles for Governor Perdue and Speaker Tillis

I have an idea for a fantastic super villain for the Batman franchise… North Carolina Speaker Thom Tillis who would be known as “The Trickster.” The antics and shenanigans that he could foment would put the Joker and the Riddler, combined, to shame. Mr. Tillis has been caught with his hand in the hypocritical cookie jar in the past by his shameful bonuses and pay raises to some of the cronies and sycophants on his staff while preaching from the Bible of Conservative Financial ideology. So the reasonable person with at least a scintilla of intelligence has some idea of what to expect from this wily politician. However, last night, he actually outdid himself with his late-night vote… and even though I denounce his vindictively inspired actions against the North Carolina Association of Educators in his early morning overriding veto to weaken the teachers’ labor union, I can’t help but hold a bit of admiration for his “in-your-face villainy.” One thing about Thom Tillis, the man has no shame, as he has proven in the past with his raises to his staff favorites in a time of austerity when state jobs are being eliminated, workloads increased, and salaries slashed.

Mr. Tillis doesn’t pretend to be fair… he doesn’t pretend to believe in the principle of transparent government… he doesn’t pretend to have an ounce of compassion for those in need or tolerance for those of different beliefs and/or opinions. He has shown the ability to boldly act, without any apparent concern for the consequences of his actions which have generated a slew of lawsuits and indignant outrage. That Speaker Tillis makes waves would be an understatement, as he is a veritable one-man tsunami.

A consummate Tea Party conservative, Tillis orchestrated the late-night override of the Perdue veto under a shroud of secrecy. Even his fellow Republicans were unaware of his nefarious plans until the eleventh hour. Then, after stirring up things with his questionable clandestine activities, Tillis has the audacity to proclaim his actions to be legal… and dares the Democrats to challenge them.

I have yet another villain for Batman to confront… Governor Bev Perdue as “Lady Two Face.” She puts on airs to the public that she’s a paragon when it comes to governing under transparency and stakes a claim on being a champion of racial equality and justice. Governor Perdue prides herself, with a big pat on the back, for vetoing the ethically challenged Republicans’ attempt to gut the provisions of the recently enacted Racial Justice Act. However, when it comes to her actions closer scrutiny shows they do not even come close to reflecting her lofty rhetoric about equal justice.

One need look no further than her treatment of petitions for pardons submitted by Erick Daniels and Shawn Massey, two African American men who were unjustly convicted for crimes they did not commit and who served, respectively, more than seven and twelve years of wrongful incarceration. They need a pardon from the governor in order to be eligible for compensation for their years of wrongful imprisonment. But… KAPOW!! No pardon. Both of their petitions were denied by Lady Two Face and her hench-people. And why were they denied, need you ask? For one reason, and one reason only… because of the color of their skin. Make no mistake about it.

If there is a legitimate reason other than racial prejudice for Governor Perdue denying a pardon to Erick Daniels and Shawn Massey, then she and her staff are keeping it top secret… as opaque as a lead-lined vault. When I specifically requested to know from the governor why Daniels’ request for a pardon was denied, her general counsel lied by telling me that the Governor’s office conducted its own investigation which did not clear Daniels of the crime for which he was convicted and served time… but due to “confidentiality concerns” they could not tell me what they were or divulge any information about their investigation. The governor’s office provided me with nothing more than a pathetic excuse which was really intended to keep its racist bias confidential.

Late in 2011, Wake County Democratic Party President Mack Paul authorized a three member panel to find out why the Governor denied a pardon to Erick Daniels. I spoke to two of the three, and they both told me that their efforts to obtain information were rebuffed by the governor’s office… there were no justifications given as to why his pardon request was turned down. In other words, the governor who proclaims to be a proponent of transparent government will even keep results of a criminal investigation hidden from members of the Wake County Democratic Party.

If DC Comics does not take me up on my generous suggestions for these two diabolical additions to their varied stable of villains, then take heart, readers. I can always find a place for them in my strip, “The MisAdventures of Super-Duper Cooper.” 

Governor's racist pardon policy denies compensation to wrongly incarcerated African Americans

Click the link below to view interactive flog:

http://justice4nifong.com/direc/flog/flog8.html

Wake County prosecutor Tom Ford prosecuted Gregory Taylor for the 1991 murder of Jacquetta Thomas. Although he lacked evidence against Taylor in the death of the black woman, Ford maliciously pursued the case against Taylor because he would not implicate African American Johnny Beck, who Taylor knew to be innocent.

Ford used perjured testimony from compromised individuals, who faced their own criminal charges and jail time, along with hocus-pocus SBI lab work, to win a conviction against Taylor which carried a life sentence.

It was only after Taylor served seventeen years in prison that his case was brought before the Innocence Inquiry Commission by Attorney Christine Mumma and the NC Center on Actual Innocence, and he was unanimously declared innocent by a three judge panel. This ruling was enough to free Greg Taylor from confinement behind bars, but he required a pardon from the governor in order to receive the maximum compensation of $750,000 from the state for which he was entitled.

Governor Bev Perdue took her time, causing undo stress and anxiety for Taylor and his family, before finally issuing the pardon in May 2010.

Erick Daniels, an African American who spent more than seven years wrongfully incarcerated for an armed robbery he has adamantly and repeatedly said he did not commit, is equally deserving of a pardon so that he can receive compensation from the state as mandated by the General Assembly. In February 2011, the Office of Executive Clemency denied Erick Daniels’ request for a pardon. When I confronted the Governor’s Office about the denial, Mark A. Davis, the general counsel for the governor told me in a letter dated July 26, 2011, that they had conducted their own investigation. According to their findings, they did not definitively establish Mr. Daniels’ actual innocence, and due to “confidentiality concerns,” they could not share details of their investigation.

Mr. Davis lied in that letter, as the Governor’s Office conducted no investigation, and that is why he cannot share any details of it… and not because of “confidentiality concerns.” Furthermore, there was no forensic or scientific evidence to connect Daniels to the crime, he did not even fit the description of the armed masked perpetrator. The robbery victim fingered Erick Daniels based solely on the shape of his eyebrows in a middle school yearbook.

In addition, another man, Samuel Allen Strong, admitted to committing the crime for which Daniels served seven years. Strong not only fit the initial description of the robbery suspect, but had a past criminal record that included armed robbery, and at the time of his confession was in jail on a separate armed robbery incident.

Despite all of the above, and a declaration of innocence from Judge Orlando Hudson, Governor Bev Perdue expects the public to believe that Erick Daniels very likely was involved in the September 2000 crime.

A May 21, 2000 article in The News & Observer titled “Innocent Charlotte man spent 12 years in prison” tells of the wrongful conviction of Shawn Giovanni Massey on charges of a 1999 kidnapping and armed robbery. He served twelve years of a fourteen year sentence, convicted solely on eyewitness testimony. The only problem is that the victim went to the prosecutor with concerns that she had mistakenly identified Massey, because the perpetrator had cornrow braids and Massey did not.

A striking similarity between the cases of Massey and Daniels is that neither man fit the description of the armed robbery perpetrator, who in both instances was described as having cornrow braids. Erick Daniels and Shawn Massey each had closely cropped hair.

Mecklenburg County District Attorney Peter Gilchrist, in rare prosecutorial candor, admitted that his office botched the case by failing to disclose to the defense that the victim expressed doubt about her identification of the defendant… and eyewitness identification was all that the prosecution had with which to charge and convict Shawn Massey on the serious crimes of kidnapping and armed robbery. In other words, there was no forensic evidence tying Shawn Massey to the crime.

Gilchrist did not identify the prosecutor, and The Charlotte Observer writer Gary L. Wright, who was undoubtedly operating under the well-established media PAPEN (Protect All Prosecutors Except Nifong) policy, didn’t apparently make the effort to identify the prosecutor responsible for bringing an eyewitness case to trial and obtaining a conviction without disclosing exculpatory evidence to the defense about the victim’s own doubts about the accuracy of her identification. District Attorney Gilchrist also stated that he thought the prosecutor did not intend to withhold the information from the defense attorney, and that it was nothing more than a case of bad judgment.

It is interesting to note that The News & Observer glosses over such egregious missteps and malfeasances by prosecutors such as this that occur routinely throughout the state; yet use the least provocation to go after Tracey Cline, the African American Durham District Attorney, who worked under the former D.A., Mike Nifong, and has treated him with civility and respect. This has made her a target of Carpetbagger Jihadists… but that is another story.

On his release in May 2010, law professor James Coleman, a co-director of Duke’s Wrongful Convictions Clinic and Innocence Project, drove Massey from the state prison in Greenville to Charlotte where he was reunited with his family.

Although Professor Coleman and I are diametrically opposed in our positions regarding the Duke Lacrosse case and Mike Nifong, I consider him a good friend, and I credit him with preventing Duke University from arresting me on a trumped up charge for being a supporter of Mike Nifong… again, that is another story.

Since being freed, Massey has been unable to land a job, and earlier this year, the governor denied him a pardon. Upon learning that his pardon had been denied, Shawn spiraled downward into a deep depression.

Paul Stam, an Apex Republican, is unsympathetic to the plight of those whose lives have been destroyed by the state through wrongful incarceration, stating, “This is not a welfare issue. The last thing we need to do is to set up a new program just for people who’ve been exonerated.” I strongly disagree as money alone will not help the wrongfully imprisoned adjust once released and not help them emotionally heal from scars inflicted by the state.

The state has a duty to make things right for these innocents. Many experience painful flashbacks and some struggle with relationships. Most all have had difficulty finding employment. As a wrongly incarcerated man for 18 years, Darryl Hunt summed it up when he said about the state, “They put you out with no help as to how to adjust.”

A September 4, 2011, article in The News & Observer by Mandy Locke titled, “Freedom is sweet, but new problems set in,” described the extraordinary challenges which face those exonerated and released after many years of incarceration… a sampling of which follows.

Darryl Hunt at 46 is battling health issues including a stroke after he spent 18 years on death row. He referred to a misconception when he stated, “Everyone assumes we are okay because we are free. There is so much more to it.”

Dwayne Dail, now 43, spent nearly two decades in jail and finds life after prison overwhelming. He suffers from panic attacks and flashbacks to abuses he sustained while incarcerated.

Leo Waters is 62 but feels decades older. He served 21 years in prison for robbery and rape. A disabling back injury sustained in prison forced him out of a job after being released because he frequently called in sick. Since his experience he now keeps to himself and feels uncomfortable around people.

Shawn Massey, now 38, said about his life and situation, “I’m just trying to keep my head above water.”

Even the compensation of $50,000 per year of a wrongful incarceration with a $750,000 maximum is inadequate. Duke University, in a shakedown, shelled out $20 million to each of the Duke Lacrosse defendants even though they never spent a day in jail. Surely the state can do better than it has.

To an objective, rational, and reasonable individual it is evident that Gregory Taylor, Erick Daniels, and Shawn Massey were all unjustly convicted and wrongly served lengthy prison sentences. Of the three, only Taylor has received a pardon and the compensation that he is entitled to as mandated by the General Assembly… which is a pittance when one considers that they were deprived of a human’s most valuable possession… freedom.

The reason for the denial of a pardon for Erick Daniels and Shawn Massey is obvious. It is because of the color of their skin… the fact that they are African Americans. Race is the determining factor in the governor’s decision regarding pardons of innocence. The onus is on the governor to prove otherwise, but to date Governor Perdue who publicly advocates for transparency in government is shielding a racist policy behind a claim of “confidentiality concerns.”

The reason Governor Bev Perdue feels at ease denying pardons to deserving African Americans who have been wrongly incarcerated is because the NAACP, black politicians, black community leaders, black religious leaders, black businesses, black organizations, and black media have remained silent about the blatant and egregious mistreatment of these people of color who are being victimized again by a Democratic governor blocking their access to the compensation to which they are entitled. The African Americans throughout the Tar Heel state are enabling the governor to proceed with carrying out her policies based on race by remaining silent.

State NAACP President William Barber, to my knowledge, has not commented on the denial of a pardon for Durham resident Erick Daniels. Neither has Durham politicians Senator Floyd McKissick, Representatives Larry Hall and Mickey Michaux, or Democratic Congressman David Price.

Prospects do not look good for another request for a Pardon of Innocence that is pending before Governor Perdue, as the petitioner is an African American named Glen Edward Chapman.

An article in the April 3, 2008 News & Observer titled “Another innocent inmate leaves state’s death row” is about Glen Chapman who spent fourteen years on death row for two slayings he did not commit. Again, information that a key witness identified someone other than Chapman was withheld from his attorneys. Furthermore, a forensic report showed that one victim most likely died from a drug overdose rather than due to foul play.

According to the article, defense attorneys stated that the only physical evidence tying Chapman to the one homicide victim was the result of consensual sex with the victim. In addition, it was never reported to defense lawyers that eyewitnesses had last seen the murder victim alive with someone with a history of violence against her in the days after prosecutors claimed she had died.

On August 15, 2011, I hand-delivered a letter to the Capitol Building for Governor Perdue requesting that she give Glen Chapman the pardon he deserves, so that he can receive compensation for the state’s injustices against him.

Later, I received a letter dated August 23, 2011, from Pat Hansen, the Governor’s Clemency Administrator who stated that my comments regarding a possible Chapman pardon would be taken into consideration. The Office of Executive Clemency’s response was appreciated; however, what I found to be extremely disturbing is that the office is apparently under the auspices of the North Carolina Department of Corrections. This seems to represent a grave conflict of interest and one that does not bode well for the interests of justice.

Odds for Glen Edward Chapman receiving a pardon of innocence from Governor Perdue are a long shot when one considers past history and the fact that Mr. Chapman is a man of color.

Equal justice for all demands that Erick Daniels, Shawn Massey, and Glen Chapman receive a pardon from Governor Perdue. That will enable them to receive compensation from the state for their wrongful incarcerations in accordance with law set forth by the state’s legislature. Tar Heelians of good conscience rooted in the principle of “equal justice for all” will accept nothing less. 