UNC academic-athletic probe doesn’t make sense

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It’s been a while since Orange County District Attorney Jim Woodall set his prosecutorial sights on former UNC-Chapel Hill Professor Julius Nyang’oro, head of the school’s African and Afro-American Studies Department in what has become to be known as an “academic” scandal enabling academically challenged athletes to remain academically eligible to play inter-collegiate sports.  The biased media, with emphasis on The News & Observer, has placed Nyang’oro at the center of this brouhaha and painted him as the mastermind behind the unscrupulous practice of enrolling scholastically under-performing African American students in “no-show” classes and having tutor engage in ghost-writing reports and other class assignments.

With sickening relish in destroying the life and reputation of an African American professional, the N & O, as recently as Sunday, June 22, 2014, heralded the upcoming court appearance by Nyang’oro in a felony criminal case brought by the Orange County D.A. Woodall.  It seems that Nyang’oro accepted $12,000.00 for teaching a class which did not meet and which was heavily enrolled by black student-athletes.  After the media pounced on this apparent misstep by the professor, Nyang’oro stepped down as department chair, was forced into early retirement, and UNC-CH recouped its $12 grand salary by deducting it from Nyang’oro.   

D.A. Woodall was all set to prosecute the head of the African American studies program when things happened which took the air out from under his wings… namely, the light of truth started to shine.  The truth, which is plainly obvious to most Tar Heelians, is that Nyang’oro was in reality a very small cog in a very large academic turbo-engine which was designed to make UNC-CH competitive in football and basketball by making sure that the athletes remained academically eligible.  To begin with, many of these athletes, as exposed by UNC whistleblower Mary Willingham, were not academically of college caliber… some close to being illiterate.  Although they represented UNC on the gridiron and basketball court, these students were not recruited by Nyang’oro, and he did not advise them to enroll in his classes.  Nyang’oro was nothing more than acting as a good soldier… following orders handed down to him by his superiors.  Nyang’oro did not devise or implement the academic-fraud system… he merely executed it as demanded by those in high places.  As a result of the athletic successes and championships, millions of dollars were brought to the school.  It’s a fact that winning college sports teams bring in big bucks to the institutions they represent.

It is evident, especially with recent revelations by former UNC roundballer Rashad McCants that the 2005 NCAA national championship Tar Heel team owes its success in great measure to Nyang’oro whose classes allowed McCants and other star players on that team to remain eligible.  UNC-CH should have given Nyang’oro an award for his fidelity to the school instead of forcing him out and using him as a scapegoat… fodder for a district attorney who has no scruples about criminalizing an innocent African American man.  Truth be told, Julius Nyang’oro should be repaid his $12,000.00 salary because he conducted his class courses as demanded by those high up in the university’s chain of command… he enabled the athletes who struggled in the classroom to remain eligible.  In no way did he defraud the school or the student-athletes.  McCants, and other student athletes in his position were aware of how the academic-eligibility game was played and that their diploma would not be worth more than the sheepskin upon which it was printed.

        In the June 21, 2014 issue of The News & Observer, Dan Kane begins the article “Wainstein probe reaches back” by stating “UNC-Chapel Hill wants to move forward, so Kenneth Wainstein first has to look back.  In this case, way back.”  I disagree with this premise totally.  I have no problem with the university moving forward, but to hire an expensive legal firm to investigate the past is nothing more than a waste of money.  According to the article, Wainstein has been conducting his investigation for at   least four months with Wainstein personally being paid $990.00 an hour and three of his associates being paid anywhere between $440.00 and $775.00 an hour.  How do they get away with demanding such outrageously high compensation?  UNC system President Tom Ross tries to give assurances that the money going to pay these overpriced avaricious attorneys is not coming from taxpayer funds.  I don’t believe that; and if that is the case, where is the money to pay them coming from?  Undoubtedly the legal tab has risen far beyond the million dollar mark and the UNC system will logically recoup the amount spent on this ridiculous investigation by raising tuition.  Although there may be no specific taxpayer fund footing the bill, the state institution can’t help but bilk Tar Heelian taxpayers out of millions of dollars.  Well, at least, $12,000.00 of Nyang’oro’s pay will go towards paying for the investigation.  Comforting to know, isn’t it? 

        Ross has given Wainstein and his firm free rein in the conduct of the investigation… and no wonder it is stretching back so far.  The investigation is so encompassing because those doing the investigation are being compensated on an hourly basis.  Nothing is to be gained by the Wainstein investigation.  Everyone knows what happened… UNC-CH steered academically at risk athletes to “no- show” classes to assure their academic eligibility.  By doing so, it made UNC-CH competitive in the high revenue generating NCAA basketball and football programs.  What difference does it make who was responsible for putting together this academic-athletic fraud?  Instead the UNC system should move forward and put in place measures to assure their athletes are qualified to do college level work, remove no-show classes, and see that athletes, and not tutors, read their assignments and write their reports.  By doing so, however, UNC-CH will more likely than not become permanent cellar dwellers in the basketball and football standings… that is, unless all other universities in the ACC adopt the same standards.

        Orange County D.A. Woodall, has likewise wasted taxpayer money by instigating the worthless felony prosecution of Nyang’oro.  Facing the prospect of drawing in other high-ranking officials into the criminal prosecution of the black professor is the major impetus for Woodall to fall back from his prior aggressive stance in this case.  Evidently, from the Wainstein investigation thus far, Woodall has learned what most Tar Heelians already knew… that Nyang’oro was merely acting in concert with a system which was already well established to insure the university fielded talented football and basketball teams.  For Wainstein to proceed with the Nyang’oro prosecution would only reveal the true folly of the action taken by him against the dedicated and loyal university professor. 

        In order to save face, Woodall is claiming that he’s considering dropping charges because Nyang’oro is being cooperative in Wainstein’s investigation.  Woodall would’ve found Nyang’oro cooperative had he conducted an investigation instead of prematurely jumping forward to indict Nyang’oro as a felon for accepting $12,000.00 in compensation for heading up “no-show” classes for the benefit of UNC-CH.  In The News & Observer article of June 24, 2014, titled “Nyang’oro charge may be dropped,” Woodall actually seems to be shocked by Nyang’oro’s interaction with the Wainstein investigation saying, “It appears that Nyang’oro has cooperated fully with them and actually, I think, maybe gone over and above what was expected from him.”

        UNC-CH history professor Jay Smith, who for some reason has been pressing for an in-depth investigation into the scandal, admitted that it struck him as odd that Nyang’oro is the only person facing a penalty for the scandal.  It’s not so surprising when one considers that Nyang’oro is black.  Unfortunately in this state in this post-civil rights era, race does matter.  Of course, that is clearly evident in the Crystal Mangum case.

        D.A. Woodall had absolutely no compunction about investigating then Deputy Chief Medical Examiner Dr. Clay Nichols for mishandling evidence in a Cumberland County murder case.  But he has refused to investigate Nichols for proven allegations of perjury in Mangum’s trial (testifying that Reginald Daye’s spleen was removed at surgery eleven days prior to autopsy and therefore wasn’t available at autopsy, and yet describing the organ in detail in his autopsy report on Daye) and production of a false and fraudulent autopsy report.  However, Woodall is in league with others, including Durham D.A. Leon Stanback, and the NC Attorney General’s Office in refusing to investigate the work product of Nichols in the Mangum case.  That’s because it is too political and the Powers-That-Be who have hijacked the state’s justice system are sworn to see Mangum suffer retribution for her claims of being sexually assaulted at a March 2006 party hosted by Duke lacrosse players.

        Make no mistake about it… Woodall is the type of district attorney the Powers-That-Be want at the reins of the important criminal/legal position.  A district attorney who is malleable to the every whim of those in control, and a district attorney who is not moved by issues of morality and fairness.  Former District Attorney Mike Nifong would never have indicted Professor Nyang’oro, and dollars to donunts he most definitely would have investigated Medical Examiner Nichols for his actions in the Crystal Mangum case.  The reasons I believe Nifong would act thusly is because he has proven himself to be a man of integrity who is guided by precepts of ethics, fairness, and justice… a man possessing the independence and courage to fully commit to his conscience in doing the right thing.

        These qualities with which Mike Nifong has been endowed marked him as a major obstacle in the takeover of the justice system, and that is the reason that he was forced from his elected position in the powerful district attorney position.  To dissuade others from following in his footsteps, the State methodically persecuted Nifong while the biased mainstream media crucified him.  The State and media collaborated in a demonization enterprise against Nifong that is not dissimilar to that used against Crystal Mangum.

        To Orange County District Attorney Jim Woodall I say: “I have the privilege of knowing Mike Nifong, and you, Mr. Woodall, are no Mike Nifong.”  And that is the reason medical examiners will selectively not be prosecuted for producing fraudulent autopsy reports and committing perjury at trial.  That is the reason why innocent African American professionals will be preyed upon solely for the purpose of ruining their lives and reputations.  That is why all Tar Heelians are currently living under a legal system in which justice has been corrupted and hijacked.  

Wheel of conspiracy in the conviction of Crystal Mangum

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UNC bounced from ACC Championship tourney due to self-inflicted wound

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The UNC Tar Heel basketball team has no one to blame but themselves for their first game elimination from the ACC Championship... a precursor to the NCAA March Madness Tournament. A Roy Williams coached team with so much promise after last season began this year's round ball schedule under a shroud of mystery surrounding its leading scorer P. J. Hairston. How long would his suspension last... when would his sneakers again run up and down the hardwood when it really counted? Well, as everyone found out several games into the season, Hairston would be kept out of action for the entire season by the NCAA.

That phony, hypocritical parasitical organization which exploits student athletes while destroying athletic careers of some student-athletes in order to make itself seem relevant, did not disqualify Hairston for drug or alcohol violations... not for sexual assault or harassment... not for unauthorized possession or use of a firearm... not for talking to a sports agent... and not for any academic failures (being one of the UNC student athletes who can read at a college level). Nope, the reason the NCAA kept Hairston from joining his team this year had something to do with his foot... evidently it is made of lead.

It seems that in July 2013, Hairston was driving 75 mph on a freeway with a 65 mph limit... horrors!! Although he was initially charged with reckless driving, he later pled guilty to a reduced charge of speeding and unsafe movement. As the September 4, 2013 article in The News & Observer titled, "Hairston pleads guilty to reduced charge," noted, Hairston was suspended indefinitely hours after being cited for the traffic transgression. And the article went on to say that this was the third "off-court misstep" for the star Tar Heel basketballer who was previously cited twice for driving a rental vehicle linked to a felon. First of all, I am unaware that it is a crime to drive a rental vehicle linked to a felon. I am unaware that it is a crime to drive a vehicle owned by a felon. If that is the case, it behooves everyone to be knowledgeable of the criminal record of anyone of who he/she might think of asking to borrow a car. If there is such a ridiculous rule on the books... I would appreciate enlightenment about it.

Of course, it is possible that such a rule has been inspired by the NCAA and is applicable only to student-athletes. The point is that Hairston should never have been banned for the entire basketball season just because he might have had a need for speed. He certainly didn't violate any of the many ludicrous NCAA rules, regulations, and laws. The NCAA didn't disqualify Johnny "Football" Manziel for signing his sports memorabilia at a convention and profiting to the tune of $7,500. He was only suspended the first half of the season opening Texas A and M football game. Part of the reason for the avaricious organization's leniency was that it was profiting off Manziel's name as well by selling his jersey online. Anyway, when comparing the two discretions above, ask yourself which one is the more severe and deserves the harshest punishment. In my opinion, both are trivial with the NCAA's involvement in them being the most egregious action of all.

UNC, which did nothing to support or defend Hairston, should have "Debbie Yow'd" the NCAA. Bold and brazen as that organization is, it knows better than to mess with North Carolina State because Debbie Yow would go them like hogs in a sty at feedin' time. As the saying goes, "You don't mess with Texas or Debbie Yow." Yow not only protects Wolfpack sports programs and teams, but its fans, too. Everyone knows that those two rowdy NC State fans were out of control and that the referee was justified in having them removed from the State home game... but Yow was quick to counter-attack, with the bleeding and battered referee barely able to hold onto his job while the two State fan-agitators were greeted and treated as conquering heroes in a subsequent home basketball game.

The problem with UNC and its sports-related timidity is that it is gun-shy. After years of media-provoked meddling into the athletics and academic programs at the Chapel Hill university (which is aimed at destroying Julius Nyang'oro), it is bending over backwards to try and satiate the endless appetite for power sought by the NCAA. Face it, Nyang'oro was only doing what he could to help UNC field high caliber and competitive sports teams. That means recruiting and enrolling high school students with stellar athletic prowess, but being somewhat deficient in the academic arena. Nyang'oro was charged with seeing that the scholarly challenged athletes were able to pass GPA threshold to enable them to compete. That is exactly what he did, and as a result, Orange County District Attorney Jim Woodall, is smelling blood and is going in for the kill... a waste taxpayer money, court time, and state resources to sully what reputation is left for Nyang'oro after going through the media shredder... Woodall totally bent on destroying the former educator's life and legacy.

Durhamian David Williamson wrote a common-sense comment in the People's Forum of the March 9, 2014 News & Observer... naturally, it agrees with what I'm saying and can be accessed below. The question remains, how will North Carolina fare in the NCAA Tournament? It is certainly hard to tell considering that it fielded a team lacking last year's leading scorer, but one thing is certain. By allowing P. J. Hairston to be disqualified from playing this season, the team has dug itself a pretty deep hole long before opening tip-off of March Madness begins. 

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N&O SpinMeister Joseph Neff is at it again

News & Observer staff writer Joseph Neff’s December 22, 2009 front page article titled “Agency raps DA’s office” is a prime example of the double standards used by the North Carolina State Bar and by the media. Mr. Neff is quite accurate when he describes the State Bar’s disciplinary actions against the prosecutors of Alan Gell as being “tepid.” Actually, tepid is an understatement. Gell’s prosecutors actually withheld evidence that resulted in a death penalty conviction of an innocent man who was wrongfully incarcerated for nine years due to prosecutorial misconduct. Mr. Neff goes on to describe the State Bar’s disciplinary action against former Durham District Attorney Mike Nifong as “vigorous,” again, an understatement. The reason for the discrepancy in the degree with which the State Bar goes after its prosecutors, I believe, has to do in large measure to the autonomy of the attorney. Mike Nifong, in pursuing the principle of “equal justice for all,” went against the attorney general, and the Duke University fixer when he would not drop charges in the Duke Lacrosse case. That made Mr. Nifong a target, not unlike Archbishop of Canterbury Thomas Beckett who defied England’s King Henry II. Like Beckett, Mr. Nifong was made to pay a steep price for not kowtowing to the wishes of the powers that be.

What is troubling is that the North Carolina State Bar, as stated by Mr. Neff, would selectively discipline some prosecutors tepidly, while vigorously disciplining others. It is the inconsistency and selective nature of the Bar’s actions that brings its fairness into question. There is no question that Mr. Nifong was given the end-stage disciplinary punishment for trumped up, merit-less accusations of trivial minutiae, and that the prosecutors of Alan Gell were given the mildest sanction possible (a reprimand) for falsely putting a man on death row, and having him spend nearly a decade wrongly in prison. It is not surprising that the prosecutors of Gell, unlike Mr. Nifong, went along with the state’s playbook of “selective justice based on Class and Color.”

Now the double standard use by the media is the blatant act of withholding the identity of the prosecutors of Alan Gell from the public. Those prosecutors, David Hoke and Debra Graves, did not have their names mentioned anywhere in the article. That is because of the conscientious effort by the newspaper to shield them from bad press. This is a tact that is commonly used by the media, especially the News & Observer and Mr. Neff. In many articles on issues of social injustice wherein prosecutors have not acted as “ministers of justice,” the media will refer to their “bad deeds” but not publish their names. It is the absolute contrary when it comes to Mr. Nifong. As in this article, Mr. Nifong’s name is mentioned twice whereas the names of Hoke and Graves are never mentioned, period.

The media further goes out of its way to minimize the egregious actions of prosecutor David Hoke by writing that he “failed to hand over favorable evidence to Alan Gell…”

“Failed to hand over” sounds much more innocuous and more accidental that “withholding” (term used in the article to describe Mr. Nifong’s alleged misconduct). Furthermore, the Meister of Spin describes evidence that Mr. Hoke withheld from the defense as being “favorable.” This is, itself, a joke, because the evidence was prima-facie example of “exculpatory evidence.” Hoke withheld evidence that proved beyond doubt that Mr. Gell could not have committed the murder for which he was eventually convicted. At re-trial when the exculpatory evidence was introduced in the proceedings, the jury, when handed the case, immediately found defendant Gell not guilty.

Mr. Neff states that the Bar prosecuted Mr. Nifong for withholding evidence. The media, in general, has consistently disseminated and perpetuated this lie. Mr. Nifong did not withhold evidence. Like Gregory C. Butler, the Johnston County prosecutor in the Tiffany Bassett case, Mr. Nifong turned over all evidence to the defend attorneys, and he did so well before a trial date was even set. The defense team had plenty of time to work with all the DNA evidence in preparing a defense for their clients. Defendants in the Duke Lacrosse case were not prejudiced in the least by DNA evidence being presented to them in October 2006, instead of May 2006.

The fact is that Mr. Nifong has always utilized an open file discovery policy as a practicing prosecutor, doing so 25 years prior to it being mandated into law. On May 17, 2006, the Duke Lacrosse attorneys asked the courts for a discovery motion. On May 18, 2006, the following day, Mr. Nifong’s office had provided each of the three defense attorney teams with 1,267 pages of documents, a cassette, and a CD. The gathering of these items was not supervised by Mr. Nifong, and was undertaken by staff members who had no inkling of the relevance or value of the items that they were copying in compliance with the discovery motion. In essence, Mr. Nifong would provide the defense with all evidence at his disposal as soon as he became aware of it (not unlike prosecutor Butler).

Mr. Neff also wrongly claims that the Mr. Nifong withheld evidence that the Duke Lacrosse defendants were falsely charged with rape. Although the rape charge was later dismissed by Mr. Nifong, there was no evidence in the possession of the prosecutor or defense that was exculpatory in ruling out the possibility of a sexual assault.

To his credit, Mr. Neff does include the following paragraph: “This failure to produce evidence happens in virtually all complicated cases, said Jim Woodall, district attorney for Orange and Chatham counties, and president of the N.C. Conference of District Attorneys.” However, it begs the question that if it happens all the time in complicated cases, then why is it that Mr. Nifong is the only prosecutor to be disbarred? The answer has to do with the nature of the “selective and unjust system of justice based on Class and Color.”

The article by Joseph Neff has many problems as referenced to above, but despite the spin, the newspaper does deserve kudos for bringing this matter to the attention of the people. Like all media covering legal issues and referring to the Duke Lacrosse case, it needs to be more objective in its reporting (such as being consistent in mentioning/or not mentioning the names of all prosecutors), not biased in gratuitously singling out Mr. Nifong in a negative way, and reporting more accurately and honestly (cease and desist from referring to the Duke Lacrosse defendants as “innocent” and/or “falsely accused”).

The media needs to stop misleading people who believe everything it publishes and airs, and stop insulting the intelligence of those of us who know better.