In North Carolina, prosecutors are given wide leeway when it comes to how to proceed with a case. Without exception, the defendant’s class and color takes overriding consideration when the prosecutors determine the degree of lengths to take prosecuting. Naturally, the powerful, well-heeled, and privileged defendants will be treated with the most leniency, often with the prosecution not even seeking jail time. The poor, disenfranchised, and people of color, on the other hand, will usually be subjected to the harshest terms available (most always including jail time), and then some. There are numerous examples I could cite, but I will mention but a couple below.
Former North Carolina Governor Mike Easley.
Bill Kenerly, a Rowan County district attorney for twenty years, was appointed to be the special prosecutor in the felony case against Mr. Easley which included charges that he violated campaign disclosure laws and other campaign laws. As The News & Observer pointed out, Easley received may questionable gifts, but prosecutor Kenerly did not charge him with any. The gifts, for which Easley did not face charges, included:
(1) Discount of $137,000 on a waterfront lot in a posh coastal development (after Easley granted environmental permits to the developer of the subdivision);
(2) Waiver of $50,000 in monthly dues at an exclusive golf country club over an eight year period (after the governor got a state official to drop objections to the club siphoning millions of gallons of water from a nearby creek during the 2002 drought);
(3) 88% pay increase to an annual salary of $170,000 in 2008 for Governor Easley’s wife for a job created for her at North Carolina State University;
(4) Free use of an SUV by Governor Easley’s son for six years.
Of the numerous free personal flights worth close to $88,000 which the governor failed to disclose, special prosecutor Kenerly decided to focus on only one October 2006 helicopter flight valued at $1,600. In fact, this was the sole felony charge to which Easley pled guilty in the negotiations Kenerly made with Easley’s attorney Joseph B. Cheshire V. The prosecutor also worked to see that the Alford plea agreement involved no jail time for the former governor, that all other state and federal charges and investigations would be dropped, and that Easley would pay only $153 in court costs and a $1,000 fine… less than the value of the 2006 helicopter flight.
Although, according to Katherine Jean, General Counsel for the North Carolina State Bar, attorneys convicted of a felony are typically disbarred, it appears that the Bar is not rushing forward to do so. The unregulated State Bar has unbridled discretion and as has been its history, it will bend over backwards to protect its prosecutors… except for the one who did not follow the state’s tenet of selective justice based on Class and Color (former Durham District Attorney Mike Nifong).
So, it appears that Mike Easley has gotten off easy… and he did. He won’t even be deprived of his voting rights as he was never physically incarcerated for the felony crime with which he was convicted… yet another loophole for society’s upper echelon who happen to run afoul of the law. There was public outrage at the leniency of Easley’s plea deal which was worked out with prosecutor Kenerly (much of it tamped down by the media). Kenerly was aware that he let Easley off the hook, and he acknowledged it. But he also defended his actions by stating, “I didn’t want to make a Mike Nifong mistake.” In other words, he did not want to prosecute a powerful and privileged defendant against the wishes of the Powers-That-Be. Therefore, he pulled all of his punches with respect to the prosecution of Easley.
As was so accurately pointed out by Mr. Kenerly, Mike Nifong’s professional mistake was to prosecute the Duke Lacrosse defendants according to the principle of “equal justice for all.” In other words, to prosecute them as he would anyone else under the circumstances without regard to their societal class, financial status, or skin color. Bill Kenerly learned his lesson well as the example set by the unmerciful and demonic persecution of Mr. Nifong dissuaded him from prosecuting Mr. Easley in the same manner as defendants from the lower rungs of society’s totem pole. The “Mike Nifong mistake” is an act which requires the courage to do the right thing in the face of unforeseen and potentially devastating consequences. Archbishop of Canterbury Thomas Becket made the Mike Nifong mistake, in going against the wishes of England’s King Henry II, and he paid the ultimate price.
Larry Phillips and John June.
The News & Observer article of January 7, 2011 failed to name the prosecutors who reached a plea agreement with Larry Phillips and John June. Both men were convicted on two counts of obtaining property by false pretense. The men were accused of falsifying sales records and invoices to evade paying taxes on cigarettes and tobacco products that they sold in 2005. Defense attorneys stated that the defendants were acting on bad legal advice and were under the assumption that what they were doing (falsifying records in order to gain unfair windfall profits) was within the bounds of the law. Under the Alford plea agreement the defendants reached with the prosecutors, both men agreed to pay a total of $6.5 million in restitution and fines. In exchange they would avoid prison time and be placed on unsupervised probation for 18 months.
Perspective.
As the two aforementioned cases clearly show, prosecutorial discretion is the big gun in the state’s arsenal of dispensing disparate justice. NC prosecutors approach high echelon criminals with kid gloves seeking an Alford plea and a fine. Rarely is anyone from this criminal class sentenced to jail time. When it comes to the poor, disenfranchised and people of color, NC prosecutors come down hard with an iron fist. For example, the alleged fraud committed by Heather Holley pales in comparison with the large-scale multi-million dollar tax-fraud scheme cooked up by Phillips and June… yet it is Ms. Holley who is jailed on $5 million bail.
Any perceived connection to be on the wrong end of the Duke Lacrosse case will guarantee the harshest of treatment by the prosecutor. Crystal Mangum, the victim in the Duke Lacrosse case, was targeted by police and prosecutors, who with the cooperation of the Durham Fire Department and judges tossed Crystal Mangum in jail on trumped up charges. The February 2010 criminal charges against Mangum resulted when her children, concerned for her safety after an ex-boyfriend initiated a physical confrontation by repeatedly punching her in the face, called 9-1-1. When police recognized the connection Ms. Mangum had to the Duke Lacrosse case, they dismissed their domestic violence investigation involving Mangum’s ex, and set about literally cooking up an arson charge and concocting an attempted first degree murder charge because she allegedly “lunged” in the direction of the man who had just used his fist to bash in her face. Mangum was initially placed under a $1 million bail, and it was the Durham prosecution’s intent to allow her to languish in jail for two or three years before forcing her to accept a plea deal for time served (a tactic effectively used by Bill Wolfe against defendant James Arthur Johnson). This plan was undermined when a bail bondsman, compelled by his conscience to act against this overwhelming injustice, bonded her out when bail was reduced to $100,000.
Bottom line.
Prosecutors will treat the caviar-class criminals lightly, and seek a minimal fine and possibly some restitution in lieu of a jail sentence regardless of the amount of the money stolen or defrauded. When it comes to defendants considered to be disposable by society, prosecutors invariably go to extremes with prosecution seeking the harshest of jail sentences. There is no way on earth that a North Carolina prosecutor will make a “Mike Nifong mistake.” Just ask Bill Kenerly.
Provided below is a link to the latest installment of “The MisAdventures of Super-Duper Cooper”… Part 2 of 17. Be sure to follow the commentary at the end.
LINK: http://justice4nifong.com/direc/sdcDirec/sdcEpv/sdc103.htm
Sunday, January 9, 2011
Tuesday, January 4, 2011
The judge’s hand in the capital convictions of Shan Carter
The Donald Brunson kidnap/murder.
On December 6, 1996, at approximately 3:00 am, a home invasion took place at the Wilmington, NC house that 27 year-old Donald Brunson shared with his girlfriend Ana Santiago and her children. According to initial reports by Ms. Santiago, three masked invaders beat and kidnapped Brunson in an attempt to find his stash of drug and gambling money. Brunson’s beaten body with a fatal bullet wound was later found near Santiago’s car which was used in the kidnapping. The car contained two masks and a toboggan cap which were used to shield the identities of the intruders. DNA evidence from these articles linked Kwada Temoney to the crime, but excluded Shan Carter. Mr. Carter has always maintained his innocence in this crime, stating that he was at home with his wife during the early morning hours when the crime was committed.
The deaths of Tyrone Baker/Demetrius Green.
In November 1996, the month prior to Brunson’s death, Shan Carter, along with Kwada Temoney and Damont White, burglarized the apartment of Tyrone Baker, a drug-dealer from New York. They had taken a coat, boots, and a few other items before coming across a cache of $40,000 which they evenly split. Baker had taken White into his confidence somewhat, and suspected he (White) had a part in the theft. Baker kidnapped White in broad daylight, held him for approximately six hours and pistol whipped him to get information about the burglary. Word was soon on the street that Baker intended to kill those who stole his money, and according to his reputation, Baker was one to follow through on his threats. On February 16, 1997, a couple of months after the burglary of Baker, Shan Carter parked his car on the corner of Ten and Dawson Street. Kwada Temoney was his passenger, and they exited the car with Carter heading for the corner store. In the periphery of his vision, he saw Temoney being forcefully sucker punched in the face by Tyrone Baker. (Temoney later told Carter that the blow knocked him unconscious.) Baker with a heavy field Army draped over his arm, concealing his hand and a possible weapon, menacingly advanced toward Carter at which time Carter withdrew his .357 magnum from his shoulder holster and fired low at Baker, with the intent of wounding, not killing him. The first bullet struck Baker in the thigh, but the recoil of the powerful weapon which was held in one hand forced the barrel of the gun higher… and when he squeezed off the second shot it caught Baker below the left rib cage as he had turned to his right in order to flee. As Baker ran from Carter, Carter followed at an angle in order to prevent Baker from using the corner of the building as a shield from which to return fire. As Baker ran across Tenth Street, Carter fired approximately three more rounds as motivation to keep Baker on the defensive. It was during this series that a bullet unintentionally struck 8 year-old Demetrius Green in the head killing him. As Baker collapsed Carter returned to his car, along with Temoney who had regained consciousness, and they left the scene. Before police arrived at the crime scene, Renee Barnes, a woman who sold drugs for Baker, went to his side and took his coat, and whatever it possibly concealed, along with his car keys. She then drove Baker’s car to his girlfriend’s house. The coat eventually ended up in New York. It was later that day that Carter learned that Baker had died from his wounds and surprisingly and remorsefully that an innocent bystander (Demetrius Green) had been killed.
February 18, 1997, two days after the Tenth and Dawson Street shooting, Carter and Temoney were arrested when leaving a Wilmington motel. They have both been in custody since that day. Temoney later entered a plea deal, confessing to killing Donald Brunson and implicating Carter as an accomplice in that crime. He did so in order to escape a possible death sentence. What subsequently happened to Carter is a total miscarriage of justice… sentenced to two death penalties and serving a life sentence.
The state of North Carolina, in securing death penalty convictions, was successful in its objective of seeking to put Shan Carter to death even though he did not commit a capital crime. Whether the state’s motive was due to one victim of the violence being an 8-year old boy, or if the defendant’s class and color was sufficient, is anyone’s guess. But the state is proceeding with its efforts to put to death a man who they very well know is not deserving of it. The judges, prosecutors, and the media-types are not dumb, but they believe the public in general is, and that is why they feel they can get away with it. Below I will set forth the scheme which I strongly believe led to the unjust capital convictions against Shan Carter.
That Shan Carter was responsible for the February 16, 1997 deaths of Tyrone Baker and Demetrius Green is not in dispute. Carter’s contention was that he shot Baker in self-defense, and he directed his gunfire with the intent to wound and not kill Baker. The tragic and unfortunate death of the 8 year-old boy was a horrific accident that Carter was not aware of until hours later when the story was carried on the news. The state’s prosecutors, however, argued to the jury that Carter’s actions in killing Tyrone Baker were deliberate and premeditated. And, using a little known and arbitrarily utilized legal statute, extended the capital charge in Baker’s case to apply to that in the case involving the boy’s death.
In order to turn the obvious self-defense death of Baker into one worthy of the consideration of capital punishment, the prosecution had to paint Carter into the monster that he was not. Up to this point, Shan Carter did sell crack cocaine, and he did burglarize residences thought to be unoccupied. He used his gun only for self-defense and never in the commission of a crime. Carter never robbed a bank, or an individual at gunpoint. He fired his weapon only on two occasions… both times in self-defense. The first time was on February 5, 1997 when another burglary victim of Carter’s, Keith Richardson confronted Carter and drew a pistol on Carter first (this has been documented by an affidavit by Julius Jones). The other time Carter fired his gun was on February 16, 1997 at Tenth and Dawson when he was threatened by Tyrone Baker, as described previously. A small-time petty thief, burglar, and drug dealer, yes… but Shan Carter was no cold-hearted trigger happy killer, as the prosecutors made him at to be in his trials in 2000 and 2001.
Kwada Temoney, on the other hand, more aptly fit the role of a criminal monster. He did use a gun to rob banks and individuals. Temoney had no compunction about shooting at the unarmed who posed him no threat. He shot Louis Tyson, a robbery victim in both legs, and allegedly fired shots at customers during a bank robbery. And it is Temoney who was tied to the murder/kidnapping of Donald Brunson. Carter will be the first to admit that he was involved with the monster Temoney in a couple of burglaries, but that is about it. And Carter had absolutely no prior knowledge or involvement in the crimes against Donald Brunson on December 6, 1996.
New Hanover prosecutors invested their efforts up until October 1998 trying to forensically link Shan Carter to the Brunson kidnap/murder, for they knew that if they were to prevail with serious charges against Carter in the Baker/Green deaths that they would need him convicted on more serious charges beforehand. The police and prosecutors then began using unethical and illegal practices to obtain hearsay testimony for which to charge and later try Carter for Brunson’s death.
Prosecutors wanted to convict Carter in the Brunson murder case before putting him on trial for the deaths of Baker and Green… charges which were in place long before prosecutors brought charges of murder against Carter for the Brunson murder. Therefore, prosecutors had to fast-track the Brunson case against Carter so that it’s probable guilty verdict could be used to elicit a serious conviction against him in the Baker/Green cases.
Part Two will be added to this blog tomorrow.
On December 6, 1996, at approximately 3:00 am, a home invasion took place at the Wilmington, NC house that 27 year-old Donald Brunson shared with his girlfriend Ana Santiago and her children. According to initial reports by Ms. Santiago, three masked invaders beat and kidnapped Brunson in an attempt to find his stash of drug and gambling money. Brunson’s beaten body with a fatal bullet wound was later found near Santiago’s car which was used in the kidnapping. The car contained two masks and a toboggan cap which were used to shield the identities of the intruders. DNA evidence from these articles linked Kwada Temoney to the crime, but excluded Shan Carter. Mr. Carter has always maintained his innocence in this crime, stating that he was at home with his wife during the early morning hours when the crime was committed.
The deaths of Tyrone Baker/Demetrius Green.
In November 1996, the month prior to Brunson’s death, Shan Carter, along with Kwada Temoney and Damont White, burglarized the apartment of Tyrone Baker, a drug-dealer from New York. They had taken a coat, boots, and a few other items before coming across a cache of $40,000 which they evenly split. Baker had taken White into his confidence somewhat, and suspected he (White) had a part in the theft. Baker kidnapped White in broad daylight, held him for approximately six hours and pistol whipped him to get information about the burglary. Word was soon on the street that Baker intended to kill those who stole his money, and according to his reputation, Baker was one to follow through on his threats. On February 16, 1997, a couple of months after the burglary of Baker, Shan Carter parked his car on the corner of Ten and Dawson Street. Kwada Temoney was his passenger, and they exited the car with Carter heading for the corner store. In the periphery of his vision, he saw Temoney being forcefully sucker punched in the face by Tyrone Baker. (Temoney later told Carter that the blow knocked him unconscious.) Baker with a heavy field Army draped over his arm, concealing his hand and a possible weapon, menacingly advanced toward Carter at which time Carter withdrew his .357 magnum from his shoulder holster and fired low at Baker, with the intent of wounding, not killing him. The first bullet struck Baker in the thigh, but the recoil of the powerful weapon which was held in one hand forced the barrel of the gun higher… and when he squeezed off the second shot it caught Baker below the left rib cage as he had turned to his right in order to flee. As Baker ran from Carter, Carter followed at an angle in order to prevent Baker from using the corner of the building as a shield from which to return fire. As Baker ran across Tenth Street, Carter fired approximately three more rounds as motivation to keep Baker on the defensive. It was during this series that a bullet unintentionally struck 8 year-old Demetrius Green in the head killing him. As Baker collapsed Carter returned to his car, along with Temoney who had regained consciousness, and they left the scene. Before police arrived at the crime scene, Renee Barnes, a woman who sold drugs for Baker, went to his side and took his coat, and whatever it possibly concealed, along with his car keys. She then drove Baker’s car to his girlfriend’s house. The coat eventually ended up in New York. It was later that day that Carter learned that Baker had died from his wounds and surprisingly and remorsefully that an innocent bystander (Demetrius Green) had been killed.
February 18, 1997, two days after the Tenth and Dawson Street shooting, Carter and Temoney were arrested when leaving a Wilmington motel. They have both been in custody since that day. Temoney later entered a plea deal, confessing to killing Donald Brunson and implicating Carter as an accomplice in that crime. He did so in order to escape a possible death sentence. What subsequently happened to Carter is a total miscarriage of justice… sentenced to two death penalties and serving a life sentence.
The state of North Carolina, in securing death penalty convictions, was successful in its objective of seeking to put Shan Carter to death even though he did not commit a capital crime. Whether the state’s motive was due to one victim of the violence being an 8-year old boy, or if the defendant’s class and color was sufficient, is anyone’s guess. But the state is proceeding with its efforts to put to death a man who they very well know is not deserving of it. The judges, prosecutors, and the media-types are not dumb, but they believe the public in general is, and that is why they feel they can get away with it. Below I will set forth the scheme which I strongly believe led to the unjust capital convictions against Shan Carter.
That Shan Carter was responsible for the February 16, 1997 deaths of Tyrone Baker and Demetrius Green is not in dispute. Carter’s contention was that he shot Baker in self-defense, and he directed his gunfire with the intent to wound and not kill Baker. The tragic and unfortunate death of the 8 year-old boy was a horrific accident that Carter was not aware of until hours later when the story was carried on the news. The state’s prosecutors, however, argued to the jury that Carter’s actions in killing Tyrone Baker were deliberate and premeditated. And, using a little known and arbitrarily utilized legal statute, extended the capital charge in Baker’s case to apply to that in the case involving the boy’s death.
In order to turn the obvious self-defense death of Baker into one worthy of the consideration of capital punishment, the prosecution had to paint Carter into the monster that he was not. Up to this point, Shan Carter did sell crack cocaine, and he did burglarize residences thought to be unoccupied. He used his gun only for self-defense and never in the commission of a crime. Carter never robbed a bank, or an individual at gunpoint. He fired his weapon only on two occasions… both times in self-defense. The first time was on February 5, 1997 when another burglary victim of Carter’s, Keith Richardson confronted Carter and drew a pistol on Carter first (this has been documented by an affidavit by Julius Jones). The other time Carter fired his gun was on February 16, 1997 at Tenth and Dawson when he was threatened by Tyrone Baker, as described previously. A small-time petty thief, burglar, and drug dealer, yes… but Shan Carter was no cold-hearted trigger happy killer, as the prosecutors made him at to be in his trials in 2000 and 2001.
Kwada Temoney, on the other hand, more aptly fit the role of a criminal monster. He did use a gun to rob banks and individuals. Temoney had no compunction about shooting at the unarmed who posed him no threat. He shot Louis Tyson, a robbery victim in both legs, and allegedly fired shots at customers during a bank robbery. And it is Temoney who was tied to the murder/kidnapping of Donald Brunson. Carter will be the first to admit that he was involved with the monster Temoney in a couple of burglaries, but that is about it. And Carter had absolutely no prior knowledge or involvement in the crimes against Donald Brunson on December 6, 1996.
New Hanover prosecutors invested their efforts up until October 1998 trying to forensically link Shan Carter to the Brunson kidnap/murder, for they knew that if they were to prevail with serious charges against Carter in the Baker/Green deaths that they would need him convicted on more serious charges beforehand. The police and prosecutors then began using unethical and illegal practices to obtain hearsay testimony for which to charge and later try Carter for Brunson’s death.
Prosecutors wanted to convict Carter in the Brunson murder case before putting him on trial for the deaths of Baker and Green… charges which were in place long before prosecutors brought charges of murder against Carter for the Brunson murder. Therefore, prosecutors had to fast-track the Brunson case against Carter so that it’s probable guilty verdict could be used to elicit a serious conviction against him in the Baker/Green cases.
Part Two will be added to this blog tomorrow.
Sunday, January 2, 2011
Comic strip gets year off to great start
The big day has arrived at last… the unveiling of Episode V of “The MisAdventures of Super-Duper Cooper.” The title of this episode, “Super-Heroes Smackdown – Initial Encounter,” promises to be the most hilarious, action-packed, and educational comic strip ever produced anywhere by anyone. And, I’m not just boasting… it’s the truth, as you will see.
This episode contains seventeen parts, one more than the four previous episodes combined. And unlike the previous episodes, this episode will feature an extra bonus. After the episode is complete, you will have the option of continuing on (if a part has already been posted), or linking up to an audio-visual document in which I will discuss the part that you had just read. Comments and analysis may address cases, legal point, individuals and items within the strip, conceptual origins, facts and tidbits about the strip… any number of things may be addressed.
The commentary for the first part runs a little over five minutes, but I will try to keep this exciting new feature at five minutes or less.
Special features in this episode includes the incorporation of one of the regular blog commenters, guiowen, and I will pay homage to as many of the commenters to the site that I can.
So, sit back, relax, and prepare to roll in the aisles, while at the same time learning about the state’s criminal justice system, in the upcoming seventeen Sundays.
As usual, I welcome any comments about the strip.
A link to the strip is provided here.
LINK: http://justice4nifong.com/direc/sdcDirec/sdcEpv/sdc097.htm
This episode contains seventeen parts, one more than the four previous episodes combined. And unlike the previous episodes, this episode will feature an extra bonus. After the episode is complete, you will have the option of continuing on (if a part has already been posted), or linking up to an audio-visual document in which I will discuss the part that you had just read. Comments and analysis may address cases, legal point, individuals and items within the strip, conceptual origins, facts and tidbits about the strip… any number of things may be addressed.
The commentary for the first part runs a little over five minutes, but I will try to keep this exciting new feature at five minutes or less.
Special features in this episode includes the incorporation of one of the regular blog commenters, guiowen, and I will pay homage to as many of the commenters to the site that I can.
So, sit back, relax, and prepare to roll in the aisles, while at the same time learning about the state’s criminal justice system, in the upcoming seventeen Sundays.
As usual, I welcome any comments about the strip.
A link to the strip is provided here.
LINK: http://justice4nifong.com/direc/sdcDirec/sdcEpv/sdc097.htm
Thursday, December 23, 2010
2010 year end reflections and season’s greetings
2010 was a mixed bag, with anti-Nifong fervor as strong as ever, thanks in large measure to the biased media which cherry picks stories in determining which ones to report on based in large measure on how they adhere to the Carpetbagger Jihad agenda. For example, it jumped on the story about Crystal Mangum (the Duke Lacrosse victim) when she was battered in mid-February by an ex-boyfriend. After police conspired to turn the domestic call into the criminalizing of Ms. Mangum with ludicrous, trumped up and excessive charges, the media saturated the airwaves and newsprint with stories about her arrest. When it became apparent to the media (people in the media are very intelligent) that the charges against Ms. Mangum were bogus and nothing more than a vendetta against her for her role in the Duke Lacrosse case, the coverage output was lowered to a whisper, as media-types were too embarrassed to continue with the charade. When the jury deadlocked on the most serious charge against Mangum in early December, media-types barely touched on the story.
Media stories about Ms. Mangum’s so-called criminal charges were heavily weighted with rehash of the Duke Lacrosse case. Typically, Ms. Mangum was referred to as the “false Duke Lacrosse accuser” and almost all stories misled their audience by proclaiming that the boys were declared innocent. It was a pitiful example of journalism that not only tainted Ms. Mangum’s ability to receive a fair trial, but which was highly propagandistic.
Another abominable anti-Nifong story from the year has to do with the blatant, malicious, and premeditated discrimination against Sidney Harr, the Lay Advocate for the Committee on Justice for Mike Nifong. Harr was nearly arrested on the Duke campus after attending an event open to the public… an interview with Supreme Court Justice Stephen Breyer. What was obviously discrimination based on Harr’s stance with respect to the Duke Lacrosse case and his support for former Durham District Attorney Mike Nifong, the university came up with a cockamamie excuse that security escorted him off campus because he handed out some business cards and asked people to visit his website. This incident was brought to the attention of the media, but they elected not to cover it as it contradicted their jihadist’s goals.
Media-types and politicians eagerly jumped into the fray when a lesbian was booted from the ROTC program for violating the “don’t ask, don’t tell” policy in the military, and when two lesbians were asked to leave Cameron Village mall because they had publicly expressed some affection. The latter case got national media attention and even the ACLU got involved. It seems, and is unfortunately a reality, that discrimination directed at Mike Nifong supporters is legally acceptable and condoned by the media.
In other social justice issues, the wrongful and lengthy incarcerations of Gregory Flint Taylor and Derrick Allen came to light. Their convictions were in part won through SBI lab misconduct, of which their prosecutors were well aware and in which they possibly had a hand. Although the SBI lab and SBI agents have taken the brunt of the media focused attention, the prosecutors have been given a free pass, in accordance with the PAPEN (Protect All Prosecutors Except Nifong) policy. And, the one prosecutor, Gregory Butler, who acted with the integrity of a Mike Nifong, was taken before the North Carolina State Bar. This was a deliberate waste of time, as the unregulated State Bar filed bogus charges against Butler due to media stories critical of him. Butler provided defense with discovery as soon as he became aware that attorneys for the defendant did not possess it, and it was nonsensical of the Bar to pounce on him for that, especially when it had no outcome on the fairness of the proceedings or the judgment meted out. Like Nifong, the Bar’s charges against Butler were laughably without merit, but unlike Nifong, Butler received no disciplinary action from the Bar whereas Nifong received the severest punishment at their disposal…disbarment. Another year in the books, and Mike Nifong remains the only prosecutor to be disbarred since the NC State Bar’s inception.
Finally, an attempt by the state to execute an innocent man was recently revealed. Wilmington’s Shan Edward Carter was wrongfully convicted in 2000 for in the 1996 kidnapping and murder of drug-dealer Donald Brunson. Although prosecutors sought the death penalty, Carter received a life sentence in that case. Prosecutors used this false conviction (which relied on hearsay testimony from unreliable witnesses and which was totally lacking in physical evidence, DNA, eyewitnesses, etc.) to win two death penalty convictions in the self-defense death of drug-dealer Tyrone Baker and the accidental death of Demetrius Green, an 8 year-old boy tragically caught in the line of fire. The cases against Carter are fraught with inappropriate actions and misconduct on the part of the prosecution, SBI lab, judges, investigators, and even Carter’s own defense and appeals lawyers.
Because the media, like the state’s justice system, follows its own tenet of reporting based on Class and Color, it is questionable whether this case will garner the attention in the mainstream media which it deserves. But these cases, along with documents supporting the contention that Shan Carter had nothing to do with the Brunson murder, and that the sentences reached in the Baker/Green case are unfair, will be put before the public in this venue during 2011 and the upcoming years until Carter receives justice.
Finally, I would like to thank all commenters throughout 2010 for taking the time to get involved and voicing their opinions. Because of your involvement I have learned a lot, and I hope that you have benefited by the process also. In appreciation to the commenters I will be paying homage to them in Episode V of “The MisAdventures of Super-Duper Cooper.” More is to come on that later.
For all readers, my fondest wishes for the holidays, a following link will take you to my e-Christmas card. (Unfortunately, I did not know how to control the audio, so before linking up to it, set the volume low and adjust upward.) Enjoy.
LINK: http://justice4nifong.com/direc/xCardBtn.htm
Media stories about Ms. Mangum’s so-called criminal charges were heavily weighted with rehash of the Duke Lacrosse case. Typically, Ms. Mangum was referred to as the “false Duke Lacrosse accuser” and almost all stories misled their audience by proclaiming that the boys were declared innocent. It was a pitiful example of journalism that not only tainted Ms. Mangum’s ability to receive a fair trial, but which was highly propagandistic.
Another abominable anti-Nifong story from the year has to do with the blatant, malicious, and premeditated discrimination against Sidney Harr, the Lay Advocate for the Committee on Justice for Mike Nifong. Harr was nearly arrested on the Duke campus after attending an event open to the public… an interview with Supreme Court Justice Stephen Breyer. What was obviously discrimination based on Harr’s stance with respect to the Duke Lacrosse case and his support for former Durham District Attorney Mike Nifong, the university came up with a cockamamie excuse that security escorted him off campus because he handed out some business cards and asked people to visit his website. This incident was brought to the attention of the media, but they elected not to cover it as it contradicted their jihadist’s goals.
Media-types and politicians eagerly jumped into the fray when a lesbian was booted from the ROTC program for violating the “don’t ask, don’t tell” policy in the military, and when two lesbians were asked to leave Cameron Village mall because they had publicly expressed some affection. The latter case got national media attention and even the ACLU got involved. It seems, and is unfortunately a reality, that discrimination directed at Mike Nifong supporters is legally acceptable and condoned by the media.
In other social justice issues, the wrongful and lengthy incarcerations of Gregory Flint Taylor and Derrick Allen came to light. Their convictions were in part won through SBI lab misconduct, of which their prosecutors were well aware and in which they possibly had a hand. Although the SBI lab and SBI agents have taken the brunt of the media focused attention, the prosecutors have been given a free pass, in accordance with the PAPEN (Protect All Prosecutors Except Nifong) policy. And, the one prosecutor, Gregory Butler, who acted with the integrity of a Mike Nifong, was taken before the North Carolina State Bar. This was a deliberate waste of time, as the unregulated State Bar filed bogus charges against Butler due to media stories critical of him. Butler provided defense with discovery as soon as he became aware that attorneys for the defendant did not possess it, and it was nonsensical of the Bar to pounce on him for that, especially when it had no outcome on the fairness of the proceedings or the judgment meted out. Like Nifong, the Bar’s charges against Butler were laughably without merit, but unlike Nifong, Butler received no disciplinary action from the Bar whereas Nifong received the severest punishment at their disposal…disbarment. Another year in the books, and Mike Nifong remains the only prosecutor to be disbarred since the NC State Bar’s inception.
Finally, an attempt by the state to execute an innocent man was recently revealed. Wilmington’s Shan Edward Carter was wrongfully convicted in 2000 for in the 1996 kidnapping and murder of drug-dealer Donald Brunson. Although prosecutors sought the death penalty, Carter received a life sentence in that case. Prosecutors used this false conviction (which relied on hearsay testimony from unreliable witnesses and which was totally lacking in physical evidence, DNA, eyewitnesses, etc.) to win two death penalty convictions in the self-defense death of drug-dealer Tyrone Baker and the accidental death of Demetrius Green, an 8 year-old boy tragically caught in the line of fire. The cases against Carter are fraught with inappropriate actions and misconduct on the part of the prosecution, SBI lab, judges, investigators, and even Carter’s own defense and appeals lawyers.
Because the media, like the state’s justice system, follows its own tenet of reporting based on Class and Color, it is questionable whether this case will garner the attention in the mainstream media which it deserves. But these cases, along with documents supporting the contention that Shan Carter had nothing to do with the Brunson murder, and that the sentences reached in the Baker/Green case are unfair, will be put before the public in this venue during 2011 and the upcoming years until Carter receives justice.
Finally, I would like to thank all commenters throughout 2010 for taking the time to get involved and voicing their opinions. Because of your involvement I have learned a lot, and I hope that you have benefited by the process also. In appreciation to the commenters I will be paying homage to them in Episode V of “The MisAdventures of Super-Duper Cooper.” More is to come on that later.
For all readers, my fondest wishes for the holidays, a following link will take you to my e-Christmas card. (Unfortunately, I did not know how to control the audio, so before linking up to it, set the volume low and adjust upward.) Enjoy.
LINK: http://justice4nifong.com/direc/xCardBtn.htm
Sunday, December 19, 2010
Comments in conclusion about the shameful “so-called” arson case against Crystal Mangum
On Friday, December 17, 2010, a twelve member jury in a Durham criminal courtroom mercifully put an end to yet another legal fiasco hosted by the State of North Carolina. The trial against Crystal Mangum for felony arson and a spate of misdemeanors, culminated a ten month legal process which began amid much fanfare in the media. As is often the case, the media gave little in the way of attention with regards to the conclusion. And this is not to say that the prosecution lost, for they were actually big winners in the verdict delivered on Friday. Because Ms. Mangum was not convicted of the most serious charge, she escaped the probability of more time behind bars, but she was the big loser in this shameful episode of Tar Heel juris prudence.
Make no mistake about it… the case against Crystal Mangum is unlike any other case involving domestic violence in the state’s history. Actions by the first responders to the 911 call made by Crystal’s children, rulings by the magistrate and judges involved in the case, the prosecution’s charges, and the featherweight defense put forth on Ms. Mangum’s behalf were all part of a grand scheme of retribution against individuals who had any part in prosecuting the case against the Duke Lacrosse defendants. Anyone with a scintilla of common sense knows that Crystal Mangum’s case was not handled like similar such cases, and they also know why… Crystal Mangum was the accuser in the Duke Lacrosse case (or as labeled by the media, “false accuser”).
The power that the Carpetbagger families of the Duke Lacrosse defendants hold within the state is embarrassingly immense. Nationally, these families of wealth, status, and privilege have always exerted tremendous sway on the media (the main conduit being through former CBS News executive Rae Forker Evans – mother of Duke Lacrosse defendant Dave Evans), and they used it effectively against Ms. Mangum.
There is no doubt about the vindictive nature of the Carpetbagger families against anyone they perceived to have had a hand in the prosecution which stemmed from an incident in which their sons attended a beer-guzzling, stripper ogling party held in a Buchanan Street house on Duke property in March 2006. The Carpetbagger Jihad against former prosecutor Mike Nifong et al. was officially unleashed during a “60 Minutes” interview in which Ms. Evans promised that “he (Mike Nifong) would pay every day for the rest of his life” (for essentially having the audacity to do his job which happened to include charging their party-going boys with a sexual assault). The city of Durham, the state of North Carolina, and the media enthusiastically embraced this call for vengeance, and pursued, with relish, the destruction of Crystal Mangum, Mike Nifong, and others. And with regards to Ms. Mangum, they were successful, but not quite to the degree in which they had hoped or envisioned.
The arrest and slew of serious charges against Ms. Mangum were made for the purpose of justifying a high bail. Believing that the likelihood of Mangum bonding out was nil, it was the intent of the prosecution to drag out its case over several years while Ms. Mangum languished in jail awaiting trial. (This was the same successful strategy employed by prosecutor Bill Wolfe against defendant James Arthur Johnson who was incarcerated for 39 months before the case against him came to trial.) As in the Johnson case, after Mangum had served a couple of years in jail the prosecutors planned to offer her a plea deal to confess to a felony in exchange for “time served,” the threat being that she could face many more years in jail if convicted. After serving 88 days in the Durham Detention Center a benevolent and generous bail bondsman placed bond which resulted in Ms. Mangum being transferred to house arrest. With Mangum no longer incarcerated, and with prosecutors losing their major bargaining chip to reach a plea deal, they decided to move ahead with the flimsy case against her. Although the prosecutor would have liked to have kept Mangum locked up for two or three years, they realized that they would have to settle for three months. Their goal was now to seek a resolution that would place them and their agents in he best possible light and free of any subsequent civil legal entanglements.
With the three month incarceration following her February 17, 2010 arrest, severe personal damage was sustained by Ms. Mangum. Prior to her arrest Ms. Mangum worked full time, she had custody of her three children, she was enrolled as a graduate student at North Carolina Central University in the Masters program, she rented an apartment for her family, she had amassed personal property for herself and her children, she was able to help take care of her parents, and she was a financially independent individual in society, attempting to put her past Duke Lacrosse history behind her. The aforementioned she lost due to her arrest and three month incarceration, although Judge Abraham Jones did reinstate for Ms. Mangum the custody of her children.
I am of the opinion that the police, most likely Officer Tyler, started the fire in the bathtub, not Crystal or her ex-boyfriend. Police, prosecutors, lab technicians, investigators have often gone afoul of the law in order to win a conviction. In the James Arthur Johnson case, for example, the prosecutor planned to introduce two eyewitnesses to the crime after his main witness retracted his initial statement implicating Johnson. The two “so-called eyewitnesses” both had connections with the police department, and prosecutors discarded this strategy once the NAACP brought media attention to the case. In the Floyd Brown case, prosecutors came up with an alleged verbatim confession from a man who mental health experts testified was too retarded to have made. In the Gregory Taylor case prosecutor Tom Ford used perjured testimony procured through plea deals to convict an innocent man of murder. For the police to set blaze to clothes in a bathtub in a controlled setting in order to concoct a serious felony charge is not much of a stretch.
Why do I believe that police set the fire? The following reasons are but a few:
(1) Police made no attempt to put out the fire. All that was required was to turn on water in the bathtub. That is what you, me, or anyone possessing a modicum of commons sense and sanity would naturally do.
(2) Police had the opportunity to stage the fire after Officer Tyler ordered everyone out of the house because he “smelled smoke.” That is most likely when the fire was set.
(3) With the large number of police on scene, no one saw the bathtub fire actually being set, and police cannot provide a sensible narrative about what transpired from the time they arrived to when the fire was allegedly discovered.
(4) Police and prosecutors sought the most serious charge, first degree arson, when conditions did not merit it... the structure suffered on flame damage.
(5) Police, firemen, and prosecutors did not provide a list of clothing articles which allegedly filled the bathtub or the number of articles damaged by the fire. Are we to presume that a boyfriend who occasionally spends the night at the apartment has a bathtub full amount of clothing there?
(6) The fire report contains no documentation that there was any structural flame damage, only smoke damage to the building (i.e. the box for flame damage to the structure was not checked). I was told that some fire reports which I requested were confidential and I was denied access to them. Those fire reports which were delivered to me were vague. One fire report also exaggerated by stating that the fire department responded to what police described as a “structure fire with a subject trapped.” I believe that the firemen were misled by Officer Tyler.
(7) Although I was not present at the trial, it is my understanding that Judge Jones declared at the beginning of the trial that he would not allow the Durham Police Department to be put on trial. Why even make such a statement unless he had reason to believe the likelihood that the police had a hand in the fire and/or other misconduct?
(8) Police, especially Officer Tyler, realized when they arrived on a call to the residence of Crystal Mangum that they had an opportunity to somehow ensnare her into the criminal justice system. They seized upon the opportunity to the extent that they completely ignored the domestic complaint which triggered the 911 call. In other words, they ignored the fact that Crystal Mangum was repeatedly struck in the face by her ex-boyfriend and that her ex-boyfriend initiated the physical contact (he was never charged.) The media, as well as agencies and groups against domestic violence, kept silent regarding this.
The above are but a few of the glaring reasons why I believe police set the fire and why I have serious doubts as to Ms. Mangum’s involvement in it. And I am not alone in my beliefs. Media-types are aware that the charges against Ms. Mangum were bogus and directly related to a stealth vendetta strategy spawned by the Carpetbagger Jihad. That is why after the initial charges were made and subsequent stories about the case (especially the trial) were muted. For example, if you go to wral.com, the online site of CBS affiliate WRAL – TV 5, you will find a plethora of articles about Mangum’s arrest and events leading up to the trial, but no coverage about the trial itself, or the outcome. I understand that the shameful case made by prosecutors against Mangum was such an embarrassment that the media did all it could to shield it from the public. Coverage by the media was purposely sparse to keep from affording the public a chance to glimpse the cockamamie case against Mangum. And what coverage there was about the trial focused in large part on defining Ms. Mangum as the “False Duke Lacrosse Accuser” (what a way to assure that Ms. Mangum receives a fair trial). Many of the stories, including those by Associated Press, continue to mislead the readers by stating that the Duke Lacrosse defendants were declared innocent. (As I have written for some time, this is misleading because the defendants were not found legally innocent. Roy Cooper, the Attorney General had no authority and was overreaching when he declared the boys innocent. Cooper did so at the urging of defense attorney Joe Cheshire’s underling Brad Bannon… and of course the media has latched onto it for the purpose of repeatedly stating that the boys were “declared to be innocent.”) What the media (including the Associated Press) consistently uses when it drags Mike Nifong into any conversation about the Duke Lacrosse case, is that the North Carolina State Bar convicted him of twenty ethical charges. What charges?… the media doesn’t even name one. Furthermore the average person on the street can not only name one so-called ethical charge against Mike Nifong, they can not even give a reason for Mr. Nifong’s disbarment. And remember that although the media persistently talks about Mike Nifong’s disbarment, they never inform the public that Mike Nifong is the only prosecutor to be disbarred by the State Bar since its inception in 1933. Keep in mind that the people in the media are extremely intelligent. When it comes to Mike Nifong and the Duke Lacrosse case the media aim is to keep the people ignorant… and they have been able to mislead those in the public who are not savvy to their ways of bending, molding, fabricating, spinning and distorting the truth.
Regarding the defense of Ms. Mangum, there is no doubt in my mind that the public defender initially assigned to the case was working more to achieve an outcome that was most favorable to the prosecution. After all, they are both state employees. I believe that the goal of Mangum’s public defender was to have her plead guilty to a felony arson charge in exchange for a sentence of “time served.” At least, by going to trial represented by a private defense attorney, Mani Dexter, Ms. Mangum now has only misdemeanor charges on her record. The major problem that I have with the defense was that (to my knowledge) there was no attempt to obtain a change of venue. As I blogged earlier, this is one case that screamed for it… just like the case against James Arthur Johnson should have had a change of venue from the media inspired racially divided city of Wilson. The judge in the Johnson case denied the motion for venue change, and I am apt to believe that the same would have happened had Mani Dexter, Mangum’s attorney, sought one. I believe that Ms. Dexter’s defense was hampered significantly by rulings from the bench… rulings which may have thwarted an aggressive defense. But I feel that she could have more effectively challenged the misdemeanor charges. Instead of calling one witness, I believe that she should have called several, including Mangum’s ex-boyfriend, and Mangum’s older children. She should have thoroughly investigated and brought before the court the alleged “injured property” (clothing and alleged damage to the car). The defense of Ms. Mangum was featherweight, but the prosecution’s case against her had the weight of straw. A dedicated, determined, competent defense held in a court out of Duke University’s sphere of influence would have trounced the prosecution’s case and resulted in an acquittal on all charges, I strongly believe.
The Durham based jury did its duty by convicting Ms. Mangum on all of the misdemeanor charges against her, even though the charges of contributing to the delinquency of a minor convolutedly relied on a guilty finding in the arson charge… a charge with which Mangum was not convicted. In other words, what is the jury’s basis for finding Crystal Mangum guilty of contributing to the delinquency of her children? Even Judge Jones did not find the charge credible as he reinstated custody to Ms. Mangum of her children. Although the jury deadlocked on the most serious arson charge, it delivered for the prosecution by convicting her on the misdemeanor charges. With those convictions, the police, firemen, prosecutors, and the state are absolved from any future civil prosecution for wrongful incarceration or civil rights violations.
Now Durham County prosecutor Mark McCullough, whose passionate courtroom oratory about his concerns for Ms. Mangum’s children’s safety when the fire was allegedly started, coyly stated to the press that he will take a month to consider re-trying Crystal Mangum in the future. I fail to see McCullough’s concern for Ms. Mangum’s children by a continued attempt to put the mother of the children they love in jail for years based on trumped up charges. Alas, the Carpetbagger Jihad has no consideration for children other than their own and those of the higher social class. Take this to the bank. McCullough’s bravado about considering to re-try Crystal Mangum is empty. There are a number of reasons why. First and foremost, doing so would risk exposing wrongdoing and misconduct by the Durham Police Department. Secondly, even in a Duke University dominated city, a conviction against the “false Duke Lacrosse accuser” could not be reach… in fact, the jurors polled nine to three in favor of acquittal on the charge. And third, the media is not supportive of the prospect of lingering coverage of a bogus charge which they know is based solely on Mangum’s role in the Duke Lacrosse case. A factor which I would not expect to entertain McCullough’s consideration is the tremendous expense and waste of taxpayer money in re-trying Ms. Mangum. If he thought he had a reasonable chance of prevailing at a second trial, expense would not be an obstacle, and the public, which would be unaware of the waste of their taxpayer dollars in doing so, would not object. But, this is all moot, as there will be no re-trial.
Finally, with regards to Jackie Wagstaff, I believe that her utterance of “this is ridiculous” was not intended to travel any further than to the individual seated next to her and to whom she was addressing. However, her emotional investment in the case inadvertently and unintentionally resulted in her blurting out the comment at a decibel level higher than intended. I believe the judge’s ten day sentence was extreme, especially with it lasting over the holidays, and I am hopeful that he will take the initiative to drastically reduce it. 24 hours housed in the jail is more than enough to make a point. (And was what I perceive to be the severity of her sentence due to Wagstaff’s position with regards to the Duke Lacrosse case?)
My final major conclusions:
(1) Ms. Mangum is fortunate to be freed at the conclusion of this trial;
(2) the charges and prosecution against Ms. Mangum were due to her role in the Duke Lacrosse case;
(3) the arson case against Ms. Mangum was bogus, and the fire most likely was started by Officer Tyler;
(4) the defense should have filed a motion for a change of venue, which would have most likely resulted in a trial held on a more level playing field;
(5) the media’s coverage was typically biased for anything related to Mike Nifong and Duke Lacrosse case; and
(6) the prosecution is satisfied with the trial’s outcome and will not risk a re-trial.
The one important thing to take away from this trial is that discrimination from all quarters exist against individuals who are supporters of Mike Nifong and/or whose opinions are not favorable and sympathetic towards the Duke Lacrosse defendants. It behooves people who fall into this category to be aware of this when they encounter a situation which might attract attention or authorities. Examples are Crystal Mangum’s treatment at the February 17, 2010 incident, and Ms. Wagstaff’s severe contempt of court punishment. From my own experience, I can attest to the discrimination and my near-arrest on the Duke University campus which was appalling. The Carpetbagger Jihad influence weighs heavily in North Carolina and throughout the United States, and that is truly shameful.
Make no mistake about it… the case against Crystal Mangum is unlike any other case involving domestic violence in the state’s history. Actions by the first responders to the 911 call made by Crystal’s children, rulings by the magistrate and judges involved in the case, the prosecution’s charges, and the featherweight defense put forth on Ms. Mangum’s behalf were all part of a grand scheme of retribution against individuals who had any part in prosecuting the case against the Duke Lacrosse defendants. Anyone with a scintilla of common sense knows that Crystal Mangum’s case was not handled like similar such cases, and they also know why… Crystal Mangum was the accuser in the Duke Lacrosse case (or as labeled by the media, “false accuser”).
The power that the Carpetbagger families of the Duke Lacrosse defendants hold within the state is embarrassingly immense. Nationally, these families of wealth, status, and privilege have always exerted tremendous sway on the media (the main conduit being through former CBS News executive Rae Forker Evans – mother of Duke Lacrosse defendant Dave Evans), and they used it effectively against Ms. Mangum.
There is no doubt about the vindictive nature of the Carpetbagger families against anyone they perceived to have had a hand in the prosecution which stemmed from an incident in which their sons attended a beer-guzzling, stripper ogling party held in a Buchanan Street house on Duke property in March 2006. The Carpetbagger Jihad against former prosecutor Mike Nifong et al. was officially unleashed during a “60 Minutes” interview in which Ms. Evans promised that “he (Mike Nifong) would pay every day for the rest of his life” (for essentially having the audacity to do his job which happened to include charging their party-going boys with a sexual assault). The city of Durham, the state of North Carolina, and the media enthusiastically embraced this call for vengeance, and pursued, with relish, the destruction of Crystal Mangum, Mike Nifong, and others. And with regards to Ms. Mangum, they were successful, but not quite to the degree in which they had hoped or envisioned.
The arrest and slew of serious charges against Ms. Mangum were made for the purpose of justifying a high bail. Believing that the likelihood of Mangum bonding out was nil, it was the intent of the prosecution to drag out its case over several years while Ms. Mangum languished in jail awaiting trial. (This was the same successful strategy employed by prosecutor Bill Wolfe against defendant James Arthur Johnson who was incarcerated for 39 months before the case against him came to trial.) As in the Johnson case, after Mangum had served a couple of years in jail the prosecutors planned to offer her a plea deal to confess to a felony in exchange for “time served,” the threat being that she could face many more years in jail if convicted. After serving 88 days in the Durham Detention Center a benevolent and generous bail bondsman placed bond which resulted in Ms. Mangum being transferred to house arrest. With Mangum no longer incarcerated, and with prosecutors losing their major bargaining chip to reach a plea deal, they decided to move ahead with the flimsy case against her. Although the prosecutor would have liked to have kept Mangum locked up for two or three years, they realized that they would have to settle for three months. Their goal was now to seek a resolution that would place them and their agents in he best possible light and free of any subsequent civil legal entanglements.
With the three month incarceration following her February 17, 2010 arrest, severe personal damage was sustained by Ms. Mangum. Prior to her arrest Ms. Mangum worked full time, she had custody of her three children, she was enrolled as a graduate student at North Carolina Central University in the Masters program, she rented an apartment for her family, she had amassed personal property for herself and her children, she was able to help take care of her parents, and she was a financially independent individual in society, attempting to put her past Duke Lacrosse history behind her. The aforementioned she lost due to her arrest and three month incarceration, although Judge Abraham Jones did reinstate for Ms. Mangum the custody of her children.
I am of the opinion that the police, most likely Officer Tyler, started the fire in the bathtub, not Crystal or her ex-boyfriend. Police, prosecutors, lab technicians, investigators have often gone afoul of the law in order to win a conviction. In the James Arthur Johnson case, for example, the prosecutor planned to introduce two eyewitnesses to the crime after his main witness retracted his initial statement implicating Johnson. The two “so-called eyewitnesses” both had connections with the police department, and prosecutors discarded this strategy once the NAACP brought media attention to the case. In the Floyd Brown case, prosecutors came up with an alleged verbatim confession from a man who mental health experts testified was too retarded to have made. In the Gregory Taylor case prosecutor Tom Ford used perjured testimony procured through plea deals to convict an innocent man of murder. For the police to set blaze to clothes in a bathtub in a controlled setting in order to concoct a serious felony charge is not much of a stretch.
Why do I believe that police set the fire? The following reasons are but a few:
(1) Police made no attempt to put out the fire. All that was required was to turn on water in the bathtub. That is what you, me, or anyone possessing a modicum of commons sense and sanity would naturally do.
(2) Police had the opportunity to stage the fire after Officer Tyler ordered everyone out of the house because he “smelled smoke.” That is most likely when the fire was set.
(3) With the large number of police on scene, no one saw the bathtub fire actually being set, and police cannot provide a sensible narrative about what transpired from the time they arrived to when the fire was allegedly discovered.
(4) Police and prosecutors sought the most serious charge, first degree arson, when conditions did not merit it... the structure suffered on flame damage.
(5) Police, firemen, and prosecutors did not provide a list of clothing articles which allegedly filled the bathtub or the number of articles damaged by the fire. Are we to presume that a boyfriend who occasionally spends the night at the apartment has a bathtub full amount of clothing there?
(6) The fire report contains no documentation that there was any structural flame damage, only smoke damage to the building (i.e. the box for flame damage to the structure was not checked). I was told that some fire reports which I requested were confidential and I was denied access to them. Those fire reports which were delivered to me were vague. One fire report also exaggerated by stating that the fire department responded to what police described as a “structure fire with a subject trapped.” I believe that the firemen were misled by Officer Tyler.
(7) Although I was not present at the trial, it is my understanding that Judge Jones declared at the beginning of the trial that he would not allow the Durham Police Department to be put on trial. Why even make such a statement unless he had reason to believe the likelihood that the police had a hand in the fire and/or other misconduct?
(8) Police, especially Officer Tyler, realized when they arrived on a call to the residence of Crystal Mangum that they had an opportunity to somehow ensnare her into the criminal justice system. They seized upon the opportunity to the extent that they completely ignored the domestic complaint which triggered the 911 call. In other words, they ignored the fact that Crystal Mangum was repeatedly struck in the face by her ex-boyfriend and that her ex-boyfriend initiated the physical contact (he was never charged.) The media, as well as agencies and groups against domestic violence, kept silent regarding this.
The above are but a few of the glaring reasons why I believe police set the fire and why I have serious doubts as to Ms. Mangum’s involvement in it. And I am not alone in my beliefs. Media-types are aware that the charges against Ms. Mangum were bogus and directly related to a stealth vendetta strategy spawned by the Carpetbagger Jihad. That is why after the initial charges were made and subsequent stories about the case (especially the trial) were muted. For example, if you go to wral.com, the online site of CBS affiliate WRAL – TV 5, you will find a plethora of articles about Mangum’s arrest and events leading up to the trial, but no coverage about the trial itself, or the outcome. I understand that the shameful case made by prosecutors against Mangum was such an embarrassment that the media did all it could to shield it from the public. Coverage by the media was purposely sparse to keep from affording the public a chance to glimpse the cockamamie case against Mangum. And what coverage there was about the trial focused in large part on defining Ms. Mangum as the “False Duke Lacrosse Accuser” (what a way to assure that Ms. Mangum receives a fair trial). Many of the stories, including those by Associated Press, continue to mislead the readers by stating that the Duke Lacrosse defendants were declared innocent. (As I have written for some time, this is misleading because the defendants were not found legally innocent. Roy Cooper, the Attorney General had no authority and was overreaching when he declared the boys innocent. Cooper did so at the urging of defense attorney Joe Cheshire’s underling Brad Bannon… and of course the media has latched onto it for the purpose of repeatedly stating that the boys were “declared to be innocent.”) What the media (including the Associated Press) consistently uses when it drags Mike Nifong into any conversation about the Duke Lacrosse case, is that the North Carolina State Bar convicted him of twenty ethical charges. What charges?… the media doesn’t even name one. Furthermore the average person on the street can not only name one so-called ethical charge against Mike Nifong, they can not even give a reason for Mr. Nifong’s disbarment. And remember that although the media persistently talks about Mike Nifong’s disbarment, they never inform the public that Mike Nifong is the only prosecutor to be disbarred by the State Bar since its inception in 1933. Keep in mind that the people in the media are extremely intelligent. When it comes to Mike Nifong and the Duke Lacrosse case the media aim is to keep the people ignorant… and they have been able to mislead those in the public who are not savvy to their ways of bending, molding, fabricating, spinning and distorting the truth.
Regarding the defense of Ms. Mangum, there is no doubt in my mind that the public defender initially assigned to the case was working more to achieve an outcome that was most favorable to the prosecution. After all, they are both state employees. I believe that the goal of Mangum’s public defender was to have her plead guilty to a felony arson charge in exchange for a sentence of “time served.” At least, by going to trial represented by a private defense attorney, Mani Dexter, Ms. Mangum now has only misdemeanor charges on her record. The major problem that I have with the defense was that (to my knowledge) there was no attempt to obtain a change of venue. As I blogged earlier, this is one case that screamed for it… just like the case against James Arthur Johnson should have had a change of venue from the media inspired racially divided city of Wilson. The judge in the Johnson case denied the motion for venue change, and I am apt to believe that the same would have happened had Mani Dexter, Mangum’s attorney, sought one. I believe that Ms. Dexter’s defense was hampered significantly by rulings from the bench… rulings which may have thwarted an aggressive defense. But I feel that she could have more effectively challenged the misdemeanor charges. Instead of calling one witness, I believe that she should have called several, including Mangum’s ex-boyfriend, and Mangum’s older children. She should have thoroughly investigated and brought before the court the alleged “injured property” (clothing and alleged damage to the car). The defense of Ms. Mangum was featherweight, but the prosecution’s case against her had the weight of straw. A dedicated, determined, competent defense held in a court out of Duke University’s sphere of influence would have trounced the prosecution’s case and resulted in an acquittal on all charges, I strongly believe.
The Durham based jury did its duty by convicting Ms. Mangum on all of the misdemeanor charges against her, even though the charges of contributing to the delinquency of a minor convolutedly relied on a guilty finding in the arson charge… a charge with which Mangum was not convicted. In other words, what is the jury’s basis for finding Crystal Mangum guilty of contributing to the delinquency of her children? Even Judge Jones did not find the charge credible as he reinstated custody to Ms. Mangum of her children. Although the jury deadlocked on the most serious arson charge, it delivered for the prosecution by convicting her on the misdemeanor charges. With those convictions, the police, firemen, prosecutors, and the state are absolved from any future civil prosecution for wrongful incarceration or civil rights violations.
Now Durham County prosecutor Mark McCullough, whose passionate courtroom oratory about his concerns for Ms. Mangum’s children’s safety when the fire was allegedly started, coyly stated to the press that he will take a month to consider re-trying Crystal Mangum in the future. I fail to see McCullough’s concern for Ms. Mangum’s children by a continued attempt to put the mother of the children they love in jail for years based on trumped up charges. Alas, the Carpetbagger Jihad has no consideration for children other than their own and those of the higher social class. Take this to the bank. McCullough’s bravado about considering to re-try Crystal Mangum is empty. There are a number of reasons why. First and foremost, doing so would risk exposing wrongdoing and misconduct by the Durham Police Department. Secondly, even in a Duke University dominated city, a conviction against the “false Duke Lacrosse accuser” could not be reach… in fact, the jurors polled nine to three in favor of acquittal on the charge. And third, the media is not supportive of the prospect of lingering coverage of a bogus charge which they know is based solely on Mangum’s role in the Duke Lacrosse case. A factor which I would not expect to entertain McCullough’s consideration is the tremendous expense and waste of taxpayer money in re-trying Ms. Mangum. If he thought he had a reasonable chance of prevailing at a second trial, expense would not be an obstacle, and the public, which would be unaware of the waste of their taxpayer dollars in doing so, would not object. But, this is all moot, as there will be no re-trial.
Finally, with regards to Jackie Wagstaff, I believe that her utterance of “this is ridiculous” was not intended to travel any further than to the individual seated next to her and to whom she was addressing. However, her emotional investment in the case inadvertently and unintentionally resulted in her blurting out the comment at a decibel level higher than intended. I believe the judge’s ten day sentence was extreme, especially with it lasting over the holidays, and I am hopeful that he will take the initiative to drastically reduce it. 24 hours housed in the jail is more than enough to make a point. (And was what I perceive to be the severity of her sentence due to Wagstaff’s position with regards to the Duke Lacrosse case?)
My final major conclusions:
(1) Ms. Mangum is fortunate to be freed at the conclusion of this trial;
(2) the charges and prosecution against Ms. Mangum were due to her role in the Duke Lacrosse case;
(3) the arson case against Ms. Mangum was bogus, and the fire most likely was started by Officer Tyler;
(4) the defense should have filed a motion for a change of venue, which would have most likely resulted in a trial held on a more level playing field;
(5) the media’s coverage was typically biased for anything related to Mike Nifong and Duke Lacrosse case; and
(6) the prosecution is satisfied with the trial’s outcome and will not risk a re-trial.
The one important thing to take away from this trial is that discrimination from all quarters exist against individuals who are supporters of Mike Nifong and/or whose opinions are not favorable and sympathetic towards the Duke Lacrosse defendants. It behooves people who fall into this category to be aware of this when they encounter a situation which might attract attention or authorities. Examples are Crystal Mangum’s treatment at the February 17, 2010 incident, and Ms. Wagstaff’s severe contempt of court punishment. From my own experience, I can attest to the discrimination and my near-arrest on the Duke University campus which was appalling. The Carpetbagger Jihad influence weighs heavily in North Carolina and throughout the United States, and that is truly shameful.
Friday, December 17, 2010
In depth corrections about errors in previous blog posted on December 15, 2010
Unlike MSNBC, Duke University, and most media types, when I err, I move quickly to apply principles of “restorative justice” in response… which means accepting responsibility, apologizing, correcting the mistake and doing whatever possible to see that it doesn’t recur.
Regarding the previous blog, on February 10, 1997, Keith Richardson picked Shan Carter out of a photo lineup, and not a physical lineup as I had assumed. The police were aware at that time that Shan Carter had been arrested for breaking and entering Richardson’s residence earlier that month, and that Richardson carried around a photo of Carter and was seeking information about him. Police most likely and sensibly concluded that Richardson was the aggressor in the February 5, 1997 incident, as no charges were brought against Carter for that shooting.
Just to clarify, it was Louis Tyson and not Shan Carter who suspected that Kwada Temoney and Julius Jones had broken into Tyson’s home and wounded him in the leg with a gun.
Finally, and most importantly, Attorney Richard G. Miller, who was the capital defender for Shan Carter in the Brunson murder trial, was not asked by Shan to obtain, copy or secure records of pay phones which Demetria Green used prior to leading Lakeisha Carter to an interview with detectives. Carter first learned at trial about use of the pay phone by Demetria while on the way with Lakeisha's grandfather to meet with authorities for the interview with Lakeisha. Attorney Miller never even brought up the possibility of the significance of the use of the pay phone as being a vital link to establish the collaboration between the detectives, prosecution and FBI agent and Demetria Green, who was obviously charged with the task of bringing Lakeisha Carter into town for the videotaped interview. Carter began to seek records of the pay phones in 2000 from his appeals attorney Edwin L. West III, who made no attempt to retrieve them, despite their importance. Carter's subsequent attorney Sharon Smith, hired in 2003, investigated the pay phone records in 2008 (at which time she was told that they had been destroyed.)
With the above errors explained in full, I suggest you re-read the blog posted previously (on December 15, 2010) to get a fuller and more accurate understanding of this case… with all of its twists and turns.
Regarding the previous blog, on February 10, 1997, Keith Richardson picked Shan Carter out of a photo lineup, and not a physical lineup as I had assumed. The police were aware at that time that Shan Carter had been arrested for breaking and entering Richardson’s residence earlier that month, and that Richardson carried around a photo of Carter and was seeking information about him. Police most likely and sensibly concluded that Richardson was the aggressor in the February 5, 1997 incident, as no charges were brought against Carter for that shooting.
Just to clarify, it was Louis Tyson and not Shan Carter who suspected that Kwada Temoney and Julius Jones had broken into Tyson’s home and wounded him in the leg with a gun.
Finally, and most importantly, Attorney Richard G. Miller, who was the capital defender for Shan Carter in the Brunson murder trial, was not asked by Shan to obtain, copy or secure records of pay phones which Demetria Green used prior to leading Lakeisha Carter to an interview with detectives. Carter first learned at trial about use of the pay phone by Demetria while on the way with Lakeisha's grandfather to meet with authorities for the interview with Lakeisha. Attorney Miller never even brought up the possibility of the significance of the use of the pay phone as being a vital link to establish the collaboration between the detectives, prosecution and FBI agent and Demetria Green, who was obviously charged with the task of bringing Lakeisha Carter into town for the videotaped interview. Carter began to seek records of the pay phones in 2000 from his appeals attorney Edwin L. West III, who made no attempt to retrieve them, despite their importance. Carter's subsequent attorney Sharon Smith, hired in 2003, investigated the pay phone records in 2008 (at which time she was told that they had been destroyed.)
With the above errors explained in full, I suggest you re-read the blog posted previously (on December 15, 2010) to get a fuller and more accurate understanding of this case… with all of its twists and turns.
Wednesday, December 15, 2010
Shaky witnesses with hearsay evidence, witness intimidation, and suppression of exculpatory evidence used to win murder conviction against Shan Carter
Notice of errors: Please be aware of the errors in the blog which follows. Shan Carter notified me of the mistakes just hours ago. I accept responsibility for them, apologize for them, will post another blog to address the errors in depth, and will take measures to try and prevent mistakes in the future. Specifically the mistakes are as follows:
1) on February 10, 1997, Keith Richardson picked Shan Carter out of a photo lineup as the person who had shot him – however, Carter was neither charged or arrested for that incident;
2) Louis Tyson, not Shan Carter, named Kwada Temoney and Julius Jones as the two masked suspects who he believed had robbed him and shot him in the leg; and
3) Carter never asked his attorney Richard G. Miller to obtain copies of pay phone records.
posted - December 17, 2010
The December 6, 1996 kidnap and murder of drug-dealer Donald Brunson in Wilmington, NC was committed by Kwada Temoney and two accomplices. However the wheels of justice falsely ensnared a man innocent of any involvement in that crime… Shan Edward Carter. Although no forensic or physical evidence existed and there were no eyewitnesses tying Carter to the crime, he was nonetheless convicted of participating in Brunson’s murder as prosecutors sought the death penalty. In fact, evidence consisting of hair fibers and saliva on two masks and a toboggan cap, were exculpatory with respect to Carter. Yet, the state of North Carolina fought mightily to win a conviction and a life sentence (prosecutors had sought a death penalty). Jurors felt that if the one man linked to the crime (Temoney) was given a plea deal which spared his life in exchange for a life sentence, then it would be unfair for others involved in Brunson’s murder to be given the death sentence… hence, Carter’s life sentence.
Prosecutor John Sherrill, who led the state’s prosecution against Carter, had invaluable help from the judge on the case, the SBI lab (of course), and even Carter’s defense attorney Richard G. Miller, in his successful bid to win a conviction. In addition to witness intimidation by the prosecutor, the existence of vital evidence (involving pay phone records) which was made known by the defendant Carter was ignored by all, including Carter’s attorneys, until it was allegedly destroyed many years later.
In an affidavit of January 18, 2005, Attorney Sharon L. Smith makes the claim that Shan Carter’s claim of innocence is credible (just as this blog has maintained). Specifically, her statements include the following: “I find Shan’s claims of innocence to be credible, in part because t here is no physical, eyewitness or DNA evidence linking him to the crimes. In addition, the prosecution’s evidence at trial was inconsistent with eyewitness statements given immediately after the crimes and with the time frame in which the crimes occurred. Because of the lack of any direct evidence, Shan’s convictions in the Brunson case were procured by the use of hearsay evidence that is inadmissible under the U.S. Supreme Court’s holding in Crawford v. Washington, 541 U.S. 36 (2004).” (Link below will lead to Sharon Smith’s affidavit.)
According to Donald Brunson’s girlfriend, Ana Santiago, the home invasion occurred early in the morning of December 6, 1996 in the following manner. Brunson and Ms. Santiago were in bed when the door to their apartment and bedroom were kicked in. Three armed and masked men entered, tied her up and severely beat Brunson in an attempt to procure the location of his stash of money. Then using Santiago’s car, Brunson was taken and deposited in the trunk and was driven to a desolate location, accompanied by another vehicle of the assailants. It is believed that Brunson was fatally shot a short distance from Santiago’s car and that an attempt was made by the perpetrators to burn the stolen vehicle used to kidnap Brunson in a bid to destroy evidence. The two ski masks and a toboggan cap used to conceal the identities of the three men were placed in the car, but remained intact when the vehicle failed to be consumed in flames. SBI and FBI labs later analyzed hair fibers and saliva found on the masks to compare with suspects in the case.
In less than a month after Brunson’s death, on January 1, 1997, Shan Carter and Kwada Temoney attempted to burglarize the residence of drug-dealer Keith Richardson. A silent alarm triggered a police response that led to the capture of Carter, and eventually Temoney. Shortly thereafter, Shan bonded out from jail. On February 5, 1997, Richardson, who had been showing Carter’s mug-shot and asking questions about him, came across Carter who was walking with Julius Jones to visit Temoney. After confronting them and establishing the true identity of Carter, Richardson took from his back pocket a gun (believed by Carter to be a .22 or .25 caliber gun). Shan Carter withdrew from his shoulder holster a .357 magnum gun and started firing at Richardson. One bullet struck Richardson in the forearm as he took flight and ran. Carter briskly walked away in the opposite direction. (Link below will also lead to Julius Jones’s 2005 affidavit in which he stated that he saw the gun drawn by Richardson on February 5, 1997, and that Shan acted in self-defense against the aggressor Richardson. Jones was never called to the stand to refute Richardson’s claim that he was unarmed in the altercation.)
Shan Carter was later arrested, and on February 10, 1997, was picked out of a lineup by Richardson as the man who had shot him. Again, Carter obtained bond and was temporarily free on the streets of Wilmington.
Since November 1996, in the month prior to the Brunson murder, Tyrone Baker, a drug-dealer from New York, had made public threats of his intention of killing those responsible for the theft of $40,000 in cash from his apartment, along with a few other personal items. The three he believed responsible, and rightfully so, were Damont White, Kwada Temoney, and Shan Carter. On or about February 16, 1997, Baker found Temoney and Carter on the corner of Tenth and Dawson. Without warning, Baker punched Temoney in the face, and according to Temoney, knocking him out cold. Baker then menacingly approached Carter with a heavy army field coat draped over his arm and hand, which Carter believed concealed a firearm. Carter took out his .357 magnum in one hand and fired low at Baker in an attempt to wound him. The first bullet struck Baker in the front of his thigh, and the recoil of the gun brought the barrel higher as he squeezed off the second shot which struck Baker in the left side below his ribcage as he turned to his right to flee. To prevent Baker from using the corner of the store as cover from which to possibly return fire, Carter followed Baker to the corner. He fired three more shots from his revolver in Baker’s direction to entice him to keep running and allow Carter to get to his car parked near the corner so he could drive away. Tragically, one of the bullets struck an 8 year-old boy, Demetrius Green, in the head as he sat in a parked car and he died. (Carter never saw the boy, and only learned hours later that Baker and Demetrius Green had both died.) When Carter reached his car, Temoney had recovered and got in the car, and they drove away. Renee Barnes, an acquaintance and dealer for Baker, witnessed the event and ran to Baker’s side. She took Baker’s army field coat, and probably a weapon hidden beneath it, along with his car keys, and left the crime scene before police arrived. (Ms. Barnes drove to Baker’s girlfriend’s house in Baker’s car. The coat eventually ended up in New York, and was sent to Wilmington authorities in 1998, still containing some dried blood.)
On February 18, 1997, Kwada Temoney and Julius Jones wearing masks, broke into Louis Tyson’s home seeking money. Temoney shot Tyson in the legs during the home invasion, with some of Tyson’s blood getting on Temoney’s navy blue coat. Afterwards, Temoney went to the motel where Carter was staying. Authorities had closed in on the motel when a taxi cab arrived for Carter and Temoney. Carter, wearing his black coat with orange lining, grabbed Temoney’s blue coat to facilitate their egress from the hotel, as Temoney exited without wearing a coat. The police then surrounded the two and made their arrest.
Although Shan had no involvement with the home invasion of Lou Tyson which had taken place earlier, prosecutors and police tried to link the blood-stained navy blue coat as belonging to Carter. Eventually, no charges were taken out against Carter for the armed robbery/home invasion of Louis Tyson.
After Carter’s arrest in February 18, 1997, Carter remained in custody. Over the ensuing two and a half year period police tried to link Carter to the Brunson murder through forensics tests. Meanwhile, Carter relationship with his wife, Lakeisha had been strained to the point that by the beginning of 1998, they were no longer communicating. Lakeisha had mental health issues, including involuntary commitment, and she had some justifiable hostility towards Carter for his womanizing ways prior to his most recent incarceration.
By October 1999, authorities had exhausted all forensic avenues and were unsuccessful in their attempts to link Carter to the Donald Brunson kidnapping and murder, however charges still loomed for Carter with respect to the deaths of Tyrone Baker and 8 year-old Demetrius Green. There is no doubt in my mind that prosecutors wanted a conviction against Carter in the Brunson case to take into trial against Carter in the deaths of Baker and Green. To proceed against Carter in the Baker/Green cases without a prior serious conviction would make prevailing in what was obviously a self-defense and accidental shooting situation all the more daunting. So, as Assistant District Attorney John Sherrill told the staff writer Amy E. Turnbull of the Wilmington Morning Star, they “made a case (against Shan Carter in the Brunson murder) that did not exist.” Making a case against Carter was achieved basically through conjured up hearsay testimony from witnesses who were unreliable, intimidated, and coaxed with financial gain. It was achieved by suppressing evidence which would expose the conspiracy against Carter. And, it was achieved with the help of judges, the SBI lab, and Carter’s own attorney Richard G. Miller and Carter’s appeals attorney Edwin L. West III.
The campaign against Carter in the Brunson murder began in earnest in October 1999, and at trial two years later consisted mainly of hearsay testimony by Shonte Bowen and Lakeisha Carter, Shan’s estranged wife. Shonte’s testimony was used to try and tie Carter in the presence of Kwada Temoney at the time of the home invasion where Brunson was residing with his girlfriend. Shonte Bowen was a drug user and drug-dealer whose testimony about the Brunson murder was known by the New Hanover Sheriff’s Department to be suspect. A polygraph test re: the Brunson crime was given to Nakiha “Shonte” Bowen on April 28, 1998. The test was conducted to determine if Ms. Bowen was being truthful regarding information she had provided about the Donald Brunson homicide investigation. The conclusion was “Deception Indicated.” A follow-up polygraph exam was performed on Ms. Bowen the following day, April 29, 1998, with the same focus. The same conclusion, “Deception Indicated,” was reached. (The link situated below will lead to the polygraph test results of April 28 and 29, 1998.)
Shonte Bowen received money from the North Carolina Banker’s Association as a result of her knowledge about a bank robbery, and was granted money for information about other crimes. (Link below will lead to a transaction in which she received payment for information given about a bank robbery.)
The other person whose statements were instrumental in Shan Carter’s conviction in the Donald Brunson murder was Shan’s estranged wife, Lakeisha Carter. In order to obtain statements from Lakeisha, authorities went through Demetria Green, a close relative of 8 year-old Demetrius Green, the boy accidentally shot by Carter in his defensive actions against Tyrone Baker. Demetria had no affection for Lakeisha as the two had a past history in which they both dated the same boy. She certainly despised Carter for his role in Demetrius Green’s death.
On October 11, 1999, Detective Tom Witkowski, FBI Agent Paul Cox, and New Hanover Assistant District Attorney John Sherrill went to Lakeisha Carter’s home. Sherrill was introduced to Lakeisha as the assistant district attorney, but remained silent while the others spoke with her about the Brunson case.
The following day, October 12, 1999, Detective Witkowski and Agent Cox returned to Lakeisha’s house and continued to ask her questions about Brunson.
Then, in the morning of October 14, 1999, Demetria Green went to the school where Lakeisha’s aunt worked in an attempt to contact Lakeisha. The aunt referred her to Lakeisha’s grandfather Rudolf Maulete, who had essentially raised Lakeisha because her mother was heavily involved with drugs. Demetria called Maulete and told him about the urgency of contacting Lakeisha, whereupon Maulete picked her up and they proceeded to Lakeisha’s house. Demetria told Lakeisha that if she did not go with her to make a statement to the authorities, that she would be arrested and charged as an accessory in the Donald Brunson murder. Believing Demetria’s warning to be credible after the recent previous visits from authorities, Lakeisha went with Demetria to Maulete’s car, and they all headed towards town.
On the way downtown, Demetria demanded that Mr. Maulete pull off the road so that she could make a call from a pay phone. (It has always been Shan’s belief that the call made from that pay phone by Demetria was to Cox, Witkowski, or someone in the Sheriff’s or District Attorney’s Office… most likely to let them know they were on the way or to get instructions as to where they would meet.) Demetria led them to the District Attorney’s Office where FBI Agent Paul Cox, Detective Tom Witkowski, Detective Blake Boaz, and prosecutors Ben David and John Sherrill just happened to be. It was Detectives Boaz and Witkowski, along with Agent Cox who then videotaped an interview with Lakeisha Carter, who had no attorney or legal representation. (That part of the transcript of the interview which exists will be posted later. In an affidavit Lakeisha stated that she had no idea that the interview was being recorded. Also, the prosecution claims that major portions of the interview were lost due to mechanical malfunctions with the recording devices.)
Despite the fact that only a selected portion of the videotaped interview was intact, the judge allowed its admission into evidence in the trial against Carter for the Brunson murder.
Knowing that the pay phone records would provide a link from Demetria Green to the prosecution’s team, Shan Carter tried feverishly to have his attorney Richard Miller obtain records from the telephone company. Miller stalled, and never did follow up on obtaining the pay phone records.
As early as January 26, 2001, Shan Carter asked his appeals attorney, Edwin L. West III to obtain the pay phone records. (Link below leads to letter to confirm such a request.) However, like Carter’s attorney before him, West dillydallied and did nothing to obtain such records, undoubtedly with the intent of protecting the prosecution team at the very expense of his client Shan Carter.
Shan’s next appeals attorney Sharon L. Smith mentions the pay phone in correspondence with Carter in letters dated March 19, 2008 through April 29, 2008, with the last letter explaining that the phone company had destroyed the pay phone records several years earlier. (Link below will lead to those letters.)
It is of interest to note in an affidavit by Sharon Smith that she was retained or appointed as Shan Carter’s appeals attorney no later than January 18, 2005. Yet, she apparently did not begin to investigate the pay phone records until March 19, 2008, more than three years later. According to the phone company, the pay phone records had been destroyed several years earlier. In other words, had Attorney Smith acted in a timely manner with regards to the pay phone records, there is a good likelihood that she would have been able to obtain them for Shan’s defense. Another example of inexplicable negligence on behalf of Carter’s attorneys which has been responsible for his failure to receive justice in the Brunson case… but then, maybe the delayed action by Shan’s defense attorneys over a decade (to simply obtain vitally important records about a pay phone) was intentional. Because of the inept representation Carter has received from the beginning, I am strongly inclined to believe the latter.
This is more than enough to digest at one sitting. More astounding revelations about the travesty of justice Shan Edward Carter has been subjected to by the North Carolina’s system of selective justice based on Class and Color will be forthcoming.
LINK: http://justice4nifong.com/direc/irepoDirec/irepoC/irC2direc.htm
1) on February 10, 1997, Keith Richardson picked Shan Carter out of a photo lineup as the person who had shot him – however, Carter was neither charged or arrested for that incident;
2) Louis Tyson, not Shan Carter, named Kwada Temoney and Julius Jones as the two masked suspects who he believed had robbed him and shot him in the leg; and
3) Carter never asked his attorney Richard G. Miller to obtain copies of pay phone records.
posted - December 17, 2010
The December 6, 1996 kidnap and murder of drug-dealer Donald Brunson in Wilmington, NC was committed by Kwada Temoney and two accomplices. However the wheels of justice falsely ensnared a man innocent of any involvement in that crime… Shan Edward Carter. Although no forensic or physical evidence existed and there were no eyewitnesses tying Carter to the crime, he was nonetheless convicted of participating in Brunson’s murder as prosecutors sought the death penalty. In fact, evidence consisting of hair fibers and saliva on two masks and a toboggan cap, were exculpatory with respect to Carter. Yet, the state of North Carolina fought mightily to win a conviction and a life sentence (prosecutors had sought a death penalty). Jurors felt that if the one man linked to the crime (Temoney) was given a plea deal which spared his life in exchange for a life sentence, then it would be unfair for others involved in Brunson’s murder to be given the death sentence… hence, Carter’s life sentence.
Prosecutor John Sherrill, who led the state’s prosecution against Carter, had invaluable help from the judge on the case, the SBI lab (of course), and even Carter’s defense attorney Richard G. Miller, in his successful bid to win a conviction. In addition to witness intimidation by the prosecutor, the existence of vital evidence (involving pay phone records) which was made known by the defendant Carter was ignored by all, including Carter’s attorneys, until it was allegedly destroyed many years later.
In an affidavit of January 18, 2005, Attorney Sharon L. Smith makes the claim that Shan Carter’s claim of innocence is credible (just as this blog has maintained). Specifically, her statements include the following: “I find Shan’s claims of innocence to be credible, in part because t here is no physical, eyewitness or DNA evidence linking him to the crimes. In addition, the prosecution’s evidence at trial was inconsistent with eyewitness statements given immediately after the crimes and with the time frame in which the crimes occurred. Because of the lack of any direct evidence, Shan’s convictions in the Brunson case were procured by the use of hearsay evidence that is inadmissible under the U.S. Supreme Court’s holding in Crawford v. Washington, 541 U.S. 36 (2004).” (Link below will lead to Sharon Smith’s affidavit.)
According to Donald Brunson’s girlfriend, Ana Santiago, the home invasion occurred early in the morning of December 6, 1996 in the following manner. Brunson and Ms. Santiago were in bed when the door to their apartment and bedroom were kicked in. Three armed and masked men entered, tied her up and severely beat Brunson in an attempt to procure the location of his stash of money. Then using Santiago’s car, Brunson was taken and deposited in the trunk and was driven to a desolate location, accompanied by another vehicle of the assailants. It is believed that Brunson was fatally shot a short distance from Santiago’s car and that an attempt was made by the perpetrators to burn the stolen vehicle used to kidnap Brunson in a bid to destroy evidence. The two ski masks and a toboggan cap used to conceal the identities of the three men were placed in the car, but remained intact when the vehicle failed to be consumed in flames. SBI and FBI labs later analyzed hair fibers and saliva found on the masks to compare with suspects in the case.
In less than a month after Brunson’s death, on January 1, 1997, Shan Carter and Kwada Temoney attempted to burglarize the residence of drug-dealer Keith Richardson. A silent alarm triggered a police response that led to the capture of Carter, and eventually Temoney. Shortly thereafter, Shan bonded out from jail. On February 5, 1997, Richardson, who had been showing Carter’s mug-shot and asking questions about him, came across Carter who was walking with Julius Jones to visit Temoney. After confronting them and establishing the true identity of Carter, Richardson took from his back pocket a gun (believed by Carter to be a .22 or .25 caliber gun). Shan Carter withdrew from his shoulder holster a .357 magnum gun and started firing at Richardson. One bullet struck Richardson in the forearm as he took flight and ran. Carter briskly walked away in the opposite direction. (Link below will also lead to Julius Jones’s 2005 affidavit in which he stated that he saw the gun drawn by Richardson on February 5, 1997, and that Shan acted in self-defense against the aggressor Richardson. Jones was never called to the stand to refute Richardson’s claim that he was unarmed in the altercation.)
Shan Carter was later arrested, and on February 10, 1997, was picked out of a lineup by Richardson as the man who had shot him. Again, Carter obtained bond and was temporarily free on the streets of Wilmington.
Since November 1996, in the month prior to the Brunson murder, Tyrone Baker, a drug-dealer from New York, had made public threats of his intention of killing those responsible for the theft of $40,000 in cash from his apartment, along with a few other personal items. The three he believed responsible, and rightfully so, were Damont White, Kwada Temoney, and Shan Carter. On or about February 16, 1997, Baker found Temoney and Carter on the corner of Tenth and Dawson. Without warning, Baker punched Temoney in the face, and according to Temoney, knocking him out cold. Baker then menacingly approached Carter with a heavy army field coat draped over his arm and hand, which Carter believed concealed a firearm. Carter took out his .357 magnum in one hand and fired low at Baker in an attempt to wound him. The first bullet struck Baker in the front of his thigh, and the recoil of the gun brought the barrel higher as he squeezed off the second shot which struck Baker in the left side below his ribcage as he turned to his right to flee. To prevent Baker from using the corner of the store as cover from which to possibly return fire, Carter followed Baker to the corner. He fired three more shots from his revolver in Baker’s direction to entice him to keep running and allow Carter to get to his car parked near the corner so he could drive away. Tragically, one of the bullets struck an 8 year-old boy, Demetrius Green, in the head as he sat in a parked car and he died. (Carter never saw the boy, and only learned hours later that Baker and Demetrius Green had both died.) When Carter reached his car, Temoney had recovered and got in the car, and they drove away. Renee Barnes, an acquaintance and dealer for Baker, witnessed the event and ran to Baker’s side. She took Baker’s army field coat, and probably a weapon hidden beneath it, along with his car keys, and left the crime scene before police arrived. (Ms. Barnes drove to Baker’s girlfriend’s house in Baker’s car. The coat eventually ended up in New York, and was sent to Wilmington authorities in 1998, still containing some dried blood.)
On February 18, 1997, Kwada Temoney and Julius Jones wearing masks, broke into Louis Tyson’s home seeking money. Temoney shot Tyson in the legs during the home invasion, with some of Tyson’s blood getting on Temoney’s navy blue coat. Afterwards, Temoney went to the motel where Carter was staying. Authorities had closed in on the motel when a taxi cab arrived for Carter and Temoney. Carter, wearing his black coat with orange lining, grabbed Temoney’s blue coat to facilitate their egress from the hotel, as Temoney exited without wearing a coat. The police then surrounded the two and made their arrest.
Although Shan had no involvement with the home invasion of Lou Tyson which had taken place earlier, prosecutors and police tried to link the blood-stained navy blue coat as belonging to Carter. Eventually, no charges were taken out against Carter for the armed robbery/home invasion of Louis Tyson.
After Carter’s arrest in February 18, 1997, Carter remained in custody. Over the ensuing two and a half year period police tried to link Carter to the Brunson murder through forensics tests. Meanwhile, Carter relationship with his wife, Lakeisha had been strained to the point that by the beginning of 1998, they were no longer communicating. Lakeisha had mental health issues, including involuntary commitment, and she had some justifiable hostility towards Carter for his womanizing ways prior to his most recent incarceration.
By October 1999, authorities had exhausted all forensic avenues and were unsuccessful in their attempts to link Carter to the Donald Brunson kidnapping and murder, however charges still loomed for Carter with respect to the deaths of Tyrone Baker and 8 year-old Demetrius Green. There is no doubt in my mind that prosecutors wanted a conviction against Carter in the Brunson case to take into trial against Carter in the deaths of Baker and Green. To proceed against Carter in the Baker/Green cases without a prior serious conviction would make prevailing in what was obviously a self-defense and accidental shooting situation all the more daunting. So, as Assistant District Attorney John Sherrill told the staff writer Amy E. Turnbull of the Wilmington Morning Star, they “made a case (against Shan Carter in the Brunson murder) that did not exist.” Making a case against Carter was achieved basically through conjured up hearsay testimony from witnesses who were unreliable, intimidated, and coaxed with financial gain. It was achieved by suppressing evidence which would expose the conspiracy against Carter. And, it was achieved with the help of judges, the SBI lab, and Carter’s own attorney Richard G. Miller and Carter’s appeals attorney Edwin L. West III.
The campaign against Carter in the Brunson murder began in earnest in October 1999, and at trial two years later consisted mainly of hearsay testimony by Shonte Bowen and Lakeisha Carter, Shan’s estranged wife. Shonte’s testimony was used to try and tie Carter in the presence of Kwada Temoney at the time of the home invasion where Brunson was residing with his girlfriend. Shonte Bowen was a drug user and drug-dealer whose testimony about the Brunson murder was known by the New Hanover Sheriff’s Department to be suspect. A polygraph test re: the Brunson crime was given to Nakiha “Shonte” Bowen on April 28, 1998. The test was conducted to determine if Ms. Bowen was being truthful regarding information she had provided about the Donald Brunson homicide investigation. The conclusion was “Deception Indicated.” A follow-up polygraph exam was performed on Ms. Bowen the following day, April 29, 1998, with the same focus. The same conclusion, “Deception Indicated,” was reached. (The link situated below will lead to the polygraph test results of April 28 and 29, 1998.)
Shonte Bowen received money from the North Carolina Banker’s Association as a result of her knowledge about a bank robbery, and was granted money for information about other crimes. (Link below will lead to a transaction in which she received payment for information given about a bank robbery.)
The other person whose statements were instrumental in Shan Carter’s conviction in the Donald Brunson murder was Shan’s estranged wife, Lakeisha Carter. In order to obtain statements from Lakeisha, authorities went through Demetria Green, a close relative of 8 year-old Demetrius Green, the boy accidentally shot by Carter in his defensive actions against Tyrone Baker. Demetria had no affection for Lakeisha as the two had a past history in which they both dated the same boy. She certainly despised Carter for his role in Demetrius Green’s death.
On October 11, 1999, Detective Tom Witkowski, FBI Agent Paul Cox, and New Hanover Assistant District Attorney John Sherrill went to Lakeisha Carter’s home. Sherrill was introduced to Lakeisha as the assistant district attorney, but remained silent while the others spoke with her about the Brunson case.
The following day, October 12, 1999, Detective Witkowski and Agent Cox returned to Lakeisha’s house and continued to ask her questions about Brunson.
Then, in the morning of October 14, 1999, Demetria Green went to the school where Lakeisha’s aunt worked in an attempt to contact Lakeisha. The aunt referred her to Lakeisha’s grandfather Rudolf Maulete, who had essentially raised Lakeisha because her mother was heavily involved with drugs. Demetria called Maulete and told him about the urgency of contacting Lakeisha, whereupon Maulete picked her up and they proceeded to Lakeisha’s house. Demetria told Lakeisha that if she did not go with her to make a statement to the authorities, that she would be arrested and charged as an accessory in the Donald Brunson murder. Believing Demetria’s warning to be credible after the recent previous visits from authorities, Lakeisha went with Demetria to Maulete’s car, and they all headed towards town.
On the way downtown, Demetria demanded that Mr. Maulete pull off the road so that she could make a call from a pay phone. (It has always been Shan’s belief that the call made from that pay phone by Demetria was to Cox, Witkowski, or someone in the Sheriff’s or District Attorney’s Office… most likely to let them know they were on the way or to get instructions as to where they would meet.) Demetria led them to the District Attorney’s Office where FBI Agent Paul Cox, Detective Tom Witkowski, Detective Blake Boaz, and prosecutors Ben David and John Sherrill just happened to be. It was Detectives Boaz and Witkowski, along with Agent Cox who then videotaped an interview with Lakeisha Carter, who had no attorney or legal representation. (That part of the transcript of the interview which exists will be posted later. In an affidavit Lakeisha stated that she had no idea that the interview was being recorded. Also, the prosecution claims that major portions of the interview were lost due to mechanical malfunctions with the recording devices.)
Despite the fact that only a selected portion of the videotaped interview was intact, the judge allowed its admission into evidence in the trial against Carter for the Brunson murder.
Knowing that the pay phone records would provide a link from Demetria Green to the prosecution’s team, Shan Carter tried feverishly to have his attorney Richard Miller obtain records from the telephone company. Miller stalled, and never did follow up on obtaining the pay phone records.
As early as January 26, 2001, Shan Carter asked his appeals attorney, Edwin L. West III to obtain the pay phone records. (Link below leads to letter to confirm such a request.) However, like Carter’s attorney before him, West dillydallied and did nothing to obtain such records, undoubtedly with the intent of protecting the prosecution team at the very expense of his client Shan Carter.
Shan’s next appeals attorney Sharon L. Smith mentions the pay phone in correspondence with Carter in letters dated March 19, 2008 through April 29, 2008, with the last letter explaining that the phone company had destroyed the pay phone records several years earlier. (Link below will lead to those letters.)
It is of interest to note in an affidavit by Sharon Smith that she was retained or appointed as Shan Carter’s appeals attorney no later than January 18, 2005. Yet, she apparently did not begin to investigate the pay phone records until March 19, 2008, more than three years later. According to the phone company, the pay phone records had been destroyed several years earlier. In other words, had Attorney Smith acted in a timely manner with regards to the pay phone records, there is a good likelihood that she would have been able to obtain them for Shan’s defense. Another example of inexplicable negligence on behalf of Carter’s attorneys which has been responsible for his failure to receive justice in the Brunson case… but then, maybe the delayed action by Shan’s defense attorneys over a decade (to simply obtain vitally important records about a pay phone) was intentional. Because of the inept representation Carter has received from the beginning, I am strongly inclined to believe the latter.
This is more than enough to digest at one sitting. More astounding revelations about the travesty of justice Shan Edward Carter has been subjected to by the North Carolina’s system of selective justice based on Class and Color will be forthcoming.
LINK: http://justice4nifong.com/direc/irepoDirec/irepoC/irC2direc.htm
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