Saturday, April 30, 2011

Why failure of court redress causes irreparable harm to careers

Released, Wednesday, April 27, 2011, TOTT, 919 610-5255

If citizens have "respect for the work of the courts, their respect for law will survive the shortcomings of every other branch of the great detriment of society." (The Judicial Process, Henry J. Abraham, 1962)

One either believes in the rule of law, and the Constitution to govern the American society, or you do not.

It has been over 150 years since the ending of the Civil War, it’s worthy of note that "...Before the Civil War, few individual rights had received national protection. Founding fathers observed that State Governors and State legislatures were most likely offenders of individual and natural rights. However, equal protection of individual rights are found every day discussed and debated in our courts by the media.

In N.C. General Statute Section 7A-376, Art. 30. entitled Judicial Standards Commission: "...Disposition of cases for reasons other than an honest appraisal of facts and law as disclosed by the evidence presented, will amount to conduct prejudicial to the proper administration of justice... Inexperience or lack of training is No excuse."

Section 1 of the 14th Amendment of the U.S. Constitution reads in part: "No State shall make or enforce any law which shall abridge the privileges or immunities of citizens...nor deny any person ...the equal protection of the laws"

The Nichols v. Chacon Court ruled (2000) arresting officer not entitled to qualified immunity: [since] "...arrestee-plaintiff’s [finger] gesture was clearly established as protected free speech..."

Yet,  Eastern District of North Carolina, Chief, U.S. District Court Judge, Terrence W. Boyle: Feb 25, 2004, Case: 5:04-MC-06: "...[I]t appears the Plaintiff was charged with "disorderly conduct, breach of peace, public disturbance for finger gesture." The Plaintiff...was not appointed counsel in the State proceeding...", he further states: "This filing is utterly meritless.]"

Thus, he acknowledges charges, and the failure to appoint counsel, which is a sworn duty of the Courts, but does nothing.

Article 30, Judicial Standards Commission: "Willful Misconduct is improper and wrongful conduct of a judge acting in his official capacity, done intentionally, knowingly and in bad faith. It involves more than an error of judgment or a mere lack of deligence."

c TOTT 2011, 919 610-5255

Friday, April 15, 2011

Investigation of the N.C. Innocence Inquiry Commission and NC. ACLU sought

Released, Friday, April 15, 2011, TOTT:

The NCIIC created in 2006 by the former Chief Judge, now retired, I Beverly Lake, Jr., of the N.C. Supreme Court purports to "...investigate and evaluate claims of factual innocence..." yet in 1992 he, as an associate Justice of the N.C. Supreme Court, denied a writ of certiorari of my claim of Civil Rights violation of the First Amendment--Free Speech, that was docketed in the U.S. Supreme Court as 92-6940, and published by West Publishing in the N.C. Reporter, 419 S.E. 2d. 578, as a Memorandum Decision.

Because of pressure from Blogs and Facebook, Justice Lake now hopes-- it appears-- to obfuscate his injustice and seeks changes to the Commision he proposed, which is  to: "...change, who investigates "factual innocence," to protect his legacy by "turning over the screening process" of cases  to a non-profit student law group, whose minions can be influenced  and directed by law Professors, who can influence internships; rather than professionals, who have oversight power to enforce punishment for bringing the judiciary into disrepute, as his conduct, and that of Terrence E. Boyle has done.  See 5:MC-6, March 25th. 2004, Chief, United States District Court Judge.

Further, the National Chapter of the ACLU, forwarded my claim to the N.C. ACLU, formerly the North Carolina Civil Liberties Union, Inc., Article III (3a), [see articles of Amendment filed, March 03, 1993], * which claims to have been created "To advance the causes of civil liberties in the State of North Carolina, including the rights of free assemblage, and equality before the law." They have refused to act on my behalf as well.

The N.C. Supreme Court has upheld as free speech the act of "Mooning."  The National  ACLU takes credit for protecting the rights of Neo-Nazi Groups, Westboro Baptist Church, Polygamist, Guantanamo Terrorists. 

In North Carolina,  they have through their prior Executive/Legal Director, Deborah Ross, now a member of the N.C. General Assembly, denied my right to "wait in my car" on the former Mall, or "to protest "police" misconduct," a government agent, by silently, gesturing with one finger my discontent, anger, embarrassment of the officer, who then followed my wife [who is white] and I to issue the ticket.  While the Arkansas District Court in re: Nichols v. Chacon, 110 F Supp 2d. 1099. [2000], decrees that Symbolic Speech is well-established, and protected as Free Speech under the Constitution.

While my  latest N.C.Division of Motor Vehicle Driving Record shows the 02-14-92 conviction for Running Red Light, this event occured the date of the gesture, [now removed from the report] was followed my making a left-turn-on-red at the Intersection of [then] two intersecting one-way streets, clearing the intersection--required by law-- for approaching bluelight and siren, or emergency vehicles. MVLNC 20-157.

I have received no notice from the State of any change in the record, or consideration of my request submitted in writing to members of the General Assembly, the N.C. Supreme Court, and the Governor for an apology, and some modest compensation for this 19 years of abuse--two years longer than Gregory Taylor's claim of innocence and exoneration, though the State has pardoned Taylor, and an 1871 former Governor Holden, who was the first Governor to be impeached.

Does it make a difference that Taylor and Holden were White to do the right thing?

That’s my perspective! What’s yours?

* See CAR5 Corp ID-0103817, Annual Report, Agent o/o Deborah K. Ross.

c Talk of the Town, 919 610-5255

Thursday, April 7, 2011

What's in a name? Depends on who you ask.

Released: Sunday, September 28, 2008, What’s in a name? Not much.

c Talk of the Town 919 610-5255

To the NC Bar, it’s a matter of seeming, rather than being!

Some time ago, according to the Triangle Business Journal, the North Carolina Academy of Trial Lawyers has decided to change their name. I’m not quite sure whether this idea of change is in keeping with Obama’s demand for change in politics, policy or personnel?

What’s in a name anyway? The NC Academy of Trial Lawyers thinks plenty.

Their new name will be "NC Advocates for Justice," and they expect their name now to be more reflective of their mission.

Years ago, in a monologue I did while shuttling the USA Air Flight crew, at RDU,  I spooffed the airlines kidingly by saying:  "Without "US," USAIR is just "Air." They changed their name too.

"Capstrat, " formerly, Capital Strategy, and headed by Ken Eudy, a Public Relations firm do what their name implies teaches how to handle a "High Profile" case should it come to the Capital, or Raleigh.

The former North Carolina Academy of Trial Lawyers, Inc. now dba as an Advocates for Justice are "A nonprofit, nonpartisan association dedicated to Protecting People’s Rights through professional and community legal education; champion[ing] individual rights; and protecting the safety of North Carolina’s families--in the workplace, in the home and in the environment."

What about in the Courts?

Joseph B. Cheshire V, a civil rights advocates, is a member of the Bar, so is Janet Ward Black, Past President of the Bar, and so are approximately 4,000 other members of the North Carolina Bar Association, which uses the mantra, and displays on their letterhead, the blurb: "Seeking Liberty and Justice." Lofty goals to be sure.

May I offer this heads-up to those learned members of the bar from the lay populace: It’s my understanding, the First and the Basic Rule of Law, the most Fundamental Right that people have is the right to Free Speech, whether it be a silent, symbolic gesture of protest, flag burning, arm bands, cross burning, etc. and even finger gesture--yes, even finger gesture. Nichols v. Chacon [2000]; but, however, and more importantly, it should be enforceable.

Members of the North Carolina Bar, you have it slightly backwards. It is the lay-public, or an abused individual that comes and seeks your services and goes before the courts "Seeking Liberty and Justice."  Not the other way around.

It is the province of the Bar Associations to advocate, to help, and to enforce the publics' rights in the courts to obtain that elusive "Liberty and Justice."

c Talk of the Town: 919 610-5255

Thursday, March 31, 2011

Released, Tuesday, March 15, 2011, Why is North Carolina Considering a 140-year old  Pardon for W.W. Holden, against his wishes?

It's the Talk of the Town: 919 610-5255

There does appear to be "Mischief afoot" in the Geneal Assembly, and North Carolina’s General Assembly in particular.

Even against the wishes of a former 1871, N.C. Governor, W.W. Holden himself , reportedly a co-founder of the "Tar Heel Republican Party," who, according to Rob Christensen, reporting in the N & O, Tuesday, March 15, 2011, said: when others [General Assembly] had sought his pardon for having wrongly impeached him, the former Governor is quoted as saying: "...I think I did nothing in 1870 which deserved impeachment...[and]...feel that I was unjustly convicted, and to ‘ask pardon would be to confess my guilt.’ "

Personally, I’ve not asked for a pardon, I’ve asked for a letter of apology, and compensation, since the General Assembly has also sought reparation for slavery, involuntary sterilization, Actual Innocence, whistleblowing, etc.; and the News & Observer, a Daily Rag, has consummed gallons and gallons of ink in covering such stories, while ignoring particular others for political reasons.

You see, I have acknowledged my conduct, and behavior protected by the U.S. Supreme Court, and the Constitution of ‘symbolically protesting’ government misconduct. In this instance a white Raleigh Police Officer, who, without probable cause, would not permit me to exercise my constitutional right to be left alone to wait on the Fayetteville Street Mall, in my car for my passenger, getting off from work on the Mall, before the mall was demolished, to obfuscate the venue where it occured to save face, and maintain federal funding for its projects.

Ironically,  Dan Blue,  and Doug Berger, liberal Democrats, are said to be "enthusiastic[ly]" backing  a measure to pardon W.W. Holden, a Republican Governor then, after 140 years; while Blue also, as the First Black Speaker of the House, supported my request to make Left-turn-on-Red legal in North Carolina writing: "...legislation permitting left turns on red in North Carolina has merit and deserves consideration..." as I made left turn on red in 1992, responding to a police officer’s blue light and siren.

Blue’s letter continued:

"I hope you will work with Representative Fussell and other members of the Wake delegation to seek introduction of such a bill in the 1993 Session."

For Dan Blue to have been the first Black Speaker of the House in the N.C. General Assembly, something's got his tongue.  He certainly has been silent to my request; Doug Berger's letter I sent came back "unable to be found, and insufficient address" though sent Certified Mail and properly addressed to him.

That's my perspective.  What's yours?

c Talk of the Town, 2011
Released, Wednesday, March 30, 2011 TOTT: North Carolina Giving Responsibility a New Name

Talk of The Town: 919 610-5255

For some time now, I’ve been awe-struck by the lack of honesty, truthfulness, greed, arrogance, and often what passes as supremacy in North Carolina, when less than stellar residents are called upon to help support the passing of North Carolina’s legislation: Greg Taylor, and Alan Gell, who had been wrongly convicted, and now exonorated.

When members of the Clergy are accused of impropriety with children and demented persons; when Local Colleges in order to preserve the legacy of North Carolina’s movers and shakers prepare oral histories by [Dan Blue] nieces and relatives of some of those movers and shakers.

And although your reputation is ordinarily established by your name, local businesses change their names as often as you might change your socks: Capital Strategy, a public relations firm once called upon to limit fallout, and damages for a potential civil rights damage claim, changed its name to Capstrat. North Carolina’s Academy of Trial Lawyers was once called upon to act and protect a citizen’s U.S. Civil, and Constutitonal Rights, change their name to Advocates for Justice, but did nothing.

USAir the Airline Carrier, changed its name to USAirways, when spoofed that without "US," USAIR is just:  "AIR."

North Carolina’s motto is: "To Be, Rather than to Seem i.e., Esse Quam Vederi."

However, my letter to 7th District, member Doug Berger, whose opinion letter, Tuesday, March 29, 2011 acknowledges he sponsored, and supported 150-year ago pardon for former Governor William Holden, yet my letter, sent certified mail to him, for his help and relief was returned unclaimed, "...unable to forward..." by Henderson, N.C. Postal Service.

Neither were certified letters to former House Speaker, Joe Hackney, or Attorney General, Roy Cooper, sent to North Carolina Legislative Building, and N.C. Department of Justice respectively delivered, but claimed to have had "insufficient address, and unable to be delivered."  What will five day delivery be like?

Yet, the North Carolina’s Office of Professional Responsibility, which reports directly to the Attorney General which is responsibile for investigations of their Attorneys might expand their jurisdiction to other areas, with help of legislators, and the Attorney General, if they could only be found.

That's my perspective.  What's yours?

c TOTT, 919 610-5255

Friday, March 25, 2011

Released, Friday, March 25, 2011, Saving money when necessary is City’s obligation

Talk of the Town: 919 610-5255

A lot of city officials have money and budgets on their minds.

Henderson, N.C., besides trying to explain its latest notoriety, is still looking for the Tax Office Bank Bag that never got deposited, and no one has been held accountable, not to mention the numerous fires that get reported, but go uninvestigated, or at least no cause is reported as having been determined.

Oxford is contending with the embarrassment of having to pay continued health benefits for its former Mayor Ellington, who is waiting to be sentenced for having child pornography on his computer.

Though Charles Meeker’s, Raleigh’s Mayor’s missteps are not quite that servere. Meekers, faux pas, and that of the City Attorney’s is the ignoring of a Civil Rights violation, and the City Manager, Russell’s $10,000 pay raise, and the proposed City Budget, efforts to appease the memory of Clarence E. Lightner, for Lightner's son, Bruce.

While embarrassment surrounds the effort to erect the Clarence E. Lightner Public Safety Center, in which the city has spent $25 Million in just its design cost alone; a concern surrounds substantial monetary consequences if the city would have to reimburse a former citizen for Civil Rights violation for conduct of a Raleigh Police officer some years ago.

A former N.C. Supreme Court judge, Harry C. Martin, who wrote, in a 6-1 decision by the North Carolina Supreme Court that "citizens have a right to sue on free-speech violations by ‘A direct action against the state for its violations of free speech [which] is essential to the preservation of free speech.’ "

Former Governor, Easley, now a convicted felon, had the luxury of giving pay raises to his minions as he left the Attorney General’s Office for the Governor’s Mansion, Meeker doesn’t have the option to increase salaries of Department of Justice employees thereby putting minions in place to preserve his legacy, or that of the City Manager.

c Talk of the Town  919-610-5255

Thursday, March 10, 2011

Not politics as usual here in North Carolina

Released, Friday, March 11, 2011: “Birds of a Feather Flock Together”

Talk of the Town, 919-610-5255

It was a mantra I heard from my grandmother when admonishing me about who my friends were. I'm glad I listened.

I believe there's a reason that politicians, and even some members of the N.C. General Assembly, are leaving their lairs, like pesky rodents leaving a sinking ocean liner. Water is getting into their nest.

For example, with the ongoing investigation of former N. C. governor Mike Easley--the big cheese--and his close ally, former N.C. senator Tony Rand, a board member of LEA, an organization that had been under investigation for “an insider-trading scheme” and that is a spin-off of the Sirchie Corporation, founded by John H. Carrington, a former N.C. Senator, who was indicted for selling law enforcement equipment to China in violation of U.S. export laws.

While it’s true, N. C. Attorney General Roy Cooper needs to get involved [N & O, 12/08-09]. He can’t!

Cooper was a former member, and Chairman of the Judiciary I in the same N. C. General Assembly [1995] that bred the likes of John Carrington. Both were members of the Finance Committee, where Cooper held the title of Vice-Chairman in 1995; N. C. Senator Marc Basnight, President Pro Tempore, and Sen. R.C. Soles, Jr., indicted as well, was Deputy President, Pro Tempore.

In early 2010, not much has been heard from Marc Basnight, (who apparently took my suggestion) after the 2010 election and has resigned--he had been an Ex-Officio member of all Standing Committees.

A restaurant owner, who’s restaurant burned down, (theorist know fires are a way of saving cost on demolition) though cause of the fire was never reported--to my knowledge, and the restaurant was rebuilt before the ashes cooled.

That’s right, Basnight has resigned from the N.C. General Assembly. No one would have imagined!

This is the same General Assembly in 1995 whose members included Frank Balance, Virginia Fox, (also on the Finance Committee), along with other finance members Charles W. Albertson, Austin M. Allran, and David W. Hoyle, who claims: “The Senate has always been a safe harbor for business. The Senate is no longer the safe harbor.”

Apparently, and in anticipation of just such a probe, the N.C. State Ethics Commission passed a law in 2006 that forbids disclosing information about enforcement action of those "stumbling and falling like a house of cards."

"Being silent when we should protest makes cowards of us all.” Abe Lincoln
Next comes Easley, now a convicted felon…….stay tuned.  It could get better or worst!

That's my perspective. What's yours?

c Talk of the Town, 919 610-5255

N.C. Rights ignored without impunity

Released, Thursday, March 10, 2011: How N.C. SECU views some of its members

Talk of the Town: 919 610-5255

Notwithstanding a N.C. Judge did determine, in open court, from a black member of the N.C. State Employees Credit Union depositor, he was asked: "What is the purpose of the check;" and another teller asked: "What is the check for," and confirmed by Affidavits of Defendants, the judge removed the case from Superior Court to District Court at Defendant’s request because of the Constitutional question of privacy, and self-incrimination.

Yet, the court dismissed [without trial] the case alleging Civil Rights violation, and contempt of a court’s order and [stipulated agreement, and settlement [$4,500] for false debt collection], which was required to be signed by a judge, and was stipulated to by a credit card company that the amount would remain undisclose, and its purpose: "legal settlement, would remain confidential," the judge refused to remand the case back to the judge to consider a contempt citation.

Another N.C. Judge further refused to enter a Summary Judgment on behalf of Plaintiff, whose Interrogatories went unanswered; whose opposing counsel sought a continuance to prepare answers to interrogatories; but who used the continuance--obtained exparte from the Clerk of Court--to obtain affidavits to support his [defendant’s] own summary judgment, which the court granted, while ignoring without explanation, the Plaintiff’s demand for answers to his interrogatories, and sanctions for rules violations.

Since the former President of the SECU, after appearing before Congress, is quoted to have said that the SECU Moto is "Do the Right Thing," Plaintiff sought to inform the CEO of the treatment received at the Henderson Branch of the SECU, by tellers.

A letter June 14, 2010, on SECU letter head, and allegedly from the Administrative Office of the President James C. Blaine responded:

Dear Mr. Young "Your foolishness needs to cease, Mr. Young. Hope that statement is very clear.
You may choose to continue to make false charges and to defame the Credit Union if you wish; but the judicial system of the State has verified it’s not the truth.

I assume everyone’s wrong on this but you. your unfairness is the true injustice." [sic]

That's my perspective on N.C. Rights.  What's yours?  What would you do?

c Talk of the Town, 919 610-5255

Thursday, March 3, 2011

Court Got It Wrong, and is the Talk of The Town

Released, Thursday, March 03, 2011, U.S. Supreme Court Got it wrong

It's the Talk of the Town: 919 610-5255

I’m appalled that the U.S. Supreme Court could hold First Amendment Protection of the Westboro Baptist Church against the respect, and dignity deserved by veterans groups that permits the U.S. Supreme Court to exist under our Constitution.

This highlights the need to reconsider what constitutes "Good behavior" on the part of the judiciary. According to the Preamble to the U.S. Constitution: "We the people, in Order to form a more perfect union, establish Justice, insure domestic Tranquility...," Stop!

It says domestic tranquility. The majority of Americans object to the conduct of protesting at funerals of any sort, and most, would--and do--object to the ruling of the U.S. Supreme Courts 8-1 ruling on this issue.

First, the Constitution authorizes Legislation approved by both chambers and approved or disapproved by the President. It also permits justices to retain their seats for "good behavior" [what authorizes life tenure] and Article 19 reads: The right of citizens of the United States to vote shall not be denied or abridged by the United States [its Courts] or by any State on account of [Protesters] sex..." Therefore Congress is authorized to act.

The Bible, The Song of Solomon says: "...To everything there is a season, and a time to every purpose under the Heaven...A time to weep, and a time to laugh, and a time to mourn...a time to keep silent and a time to speak."

Though members were sworn into the service to the Supreme Court using the Bible, they have forgotten the "Golden Rule" [Do unto others, as you would have them do unto you] for which our military families sacrificed, and service members fought, and continue to fight, to permit the U.S. Surpreme Court to remain relevant in America.

For the Court to now pander to any group under the guise of free speech, flies in the face of an earlier Ruling of this eclectic body that "Hate speech" or "Yelling fire in a crowded theatre is unprotected speech,’ both fuel the fire of chaos, death and destruction."
TOTT Perspective: 919 610-5255

Wednesday, March 2, 2011

Bridging North Carolina's Budget Gap

Released, Wednesday, March 02, 2011, Bridging the Budget Gap

Talk of the Town, 919 610-5255

My View, "Why deep cuts won’t imperil the courts"  What's yours?

Your Host: Former Assistant Assignment Commissioner, Deputy Clerk, former Courtroom Clerk to the late Chief Judge Harold H. Greene, Washington, D.C.

I am now a bit over 60 years of age, and I’ve been in Raleigh 21 years, and though I’ve had relatively minor infractions with the law in several states where I have resided over those years in Temple Hills, Md., Kingwood, W. VA, Washington, D.C., and San Diego, California, as well as Aviano, Italy for minor equipment repair, warning for bald tires, turning left-on-red, I have had the most unfortunate and most uncivil treatment in N.C., and West Virginia Courts, both in the 4th U.S. Circuit Court of Appeals.
I must therefor take exception to Esquire, Martin Brinkley and president-elect of the 16,000 member N.C. Bar Association.  As president-elect Mr. Brinkley, a lawyer with an undisclosed firm, Mr. Brinkley’s rhetoric seems to be self-serving, and more of a P.R. piece.

For example: he states the leaders of our state court system are "team players," has he not heard of Balance, Nifong, Easley, Hill, all lawyers, and called Officers of the Court.

Remember John Kennedy, former Clerk of the Wake County Courts, who was appointed to the position Director of Administrative Office of the Courts only to be removed by none other than the Judge who put him there--I Beverly Lake, Jr.Lake also appointed Robert Hoobgood, who reluctantly accepted, but promised he would only stay five years but left within months.

Another former director of the Administrative Office of the Courts is quoted as saying "‘Overall, I don’t think state employees are fairly compensated.’" [N & O 6/10/2001] Story by Joe Neff, and Bill Krueger.

Most blacks have a tale or two about treatment by N.C. Law Enforcement officers, and its courts; I can relate several, probably because I have had some--though limited--training in Court Management Techniques, Paralegal Duties/legal profession, Fire [arm] Science, Evidence, Calendar Management, Appellate Procedures/Finality of Judgment, Case Intake, Case Flow, Judicial Adminstration, Juvenile Court and the Law, Probation and Parole, and having taken a case to the U.S. Supreme Court: 92-6940.
Mr. Brinkley writes: "...[t]he people who staff the 100 counties have worked tirelessly to maintain the rule of law as a living reality for our citizens. A matter of opinion.

Now, I would ask Mr. Brinkley what would his rule of law say about credit unions that ask depositors: "What is the Check for? What is the purpose of the check." when a black member sought to deposit a check--made part of a confidential settlement agreement-- signed by a Judge in North Carolina, and case was dismissed?
How would Mr. Brinkley advise a black N.C. resident, whose brother dies 28 eight days after two different WVA doctors prescribe and offer samples of medication that the Physicians Desk Reference, and Fact Sheet disclose that the medication has been tested " relatively few blacks, and may cause swelling of the tongue, and medication filled at two different pharmacies?"

How would Mr. Brinkley advise a black N.C. resident, who seeks legal assistance from the court for the appointment of counsel in a libel action when the resident seeking political office in the primary is libeled by written news piece that: candidate: "... is not a serious alternative. His preoccupation is proving that the $25 fine he paid a decade ago for giving a cop the finger was a miscarriage of justice."

Professor Nichols, UNC-Chapel Hill has suggested "Why not counsel in Civil cases too." [N & O 11/23/2009], and in 2011: "Legal Services down and nearly out." The North Carolina Administrative Office of the Courts are responsible for appointing and paying for indigent defense services.

My view is that North Carolina’s budget gap could be ameliorated in one of two ways: Deny pensions to court employees for their lack of "Honest Services, or misconduct."

Secondly, by adjusting pension and salaries already given, such as to John H. Connell, Clerk State Court of Appeals, who is quoted in the News & Observer, June 10, 2001, "I went from November making $45,000, to December I was making $94, salary doubled overnight. And Christie S. Cameron, a Supreme Court Clerk, who in 2001, her salary "equals that of a state Senior Resident Superior Court Judge.

Governor Easley, now a convicted felon, in 2001 the same year as Connell, and Cameron’s raises, and before stepping down as the Attorney General approved salary increases ranging from 3 percent to 10 percent for...28 employees."   That’s my perspective. What’s yours?

Talk of the Town 919 610-5255

Tuesday, March 1, 2011

Matching deeds to words

Released, Tuesday, March 01, 2011, Who needs law school?

Talk of theTown: 919 610-5255

 "Words that don’t match deeds are inconsequential."

The above quote, which I have paraphrased from Ernesto Che Guevera, comes to mind when I read letters to the editor with the by-line of Gene Nichols, a professor of law at UNC-Chapel Hill, and who is the director of the University’s Center on Proverty Work and Opportunity. The earlier acknowledgement given ink by the N & O to the professor was that there is a need for attorneys to help the underclass in civil actions as well as criminal actions. [N & O 11-23-2009]

Letters I’ve written to Mr. Nichols and the N & O, highlighting government abuse condoned by the Judiciary, were answered in invisible ink. The learned professor Nichol’s most recent writing, [N & O 2-28-11], recognizes that because of the slow economy, Legal Services to the poor is being cut, which he attributes to the new Republican Leadership in both Houses in North Carolina. Not much of a solution, but more politics and finger pointing.

Recently, and supposedly "highly educated" members and product of legal scholars at Duke, UNC-Chapel Hill, ECU, some God-fearing as well, have run afoul of the law. Do the name Balance, Nifong, Phipps, Clinton, Easley ring a bell?

Recouping some cost for benefit of the N.C. Budget expended by tax payers in the education of these and other individuals might be obtained by enforcement of the NCGS 7A-376 requring professional standards be applied to Judges, and their minions, with loss of pension benefits if they don’t, a requirement to ensure honest services.

Since the courts have declared that every one is presumed to know the law, and I have pursued First Amendment Rights; endured allegations, and libeled that I was not a "serious candidate" for House Seat 35, because of pursuit of my First Amendment rights, I would propose legislation be enacted to once again which allow those individuals interested in the law and those who have studied the law, or students of the law, and can pass the bar--as the late N.C. justice David M. Britt, N.C. Judge and Abe Lincoln--be permitted to practice the law, and break the silent monopoly of the legal profession.
As Professor Nichols says without legal assistance: the "Poor and near poor Americans... [when treated inferior, or] are effectively priced...[are made voiceless and left] out of the civil justice system." Just ask Silent Thomas!

c: Talk of the Town, Henderson, NC 27536

Monday, February 28, 2011

Judicial selections and appointments are flaud

 Released, Monday, February 28, 2011, Letter to N.C. Senator Kay Hagan

Talk of the Town 919 610-5255

Friday, May 22, 2009
The Honorable U.S. Senator,
Ms. Kay Hagan, Esq.
521 Dirksen Senate Office Building
Washington, DC
Dear Madame Hagan:
Notwithstanding former Chief Judge Judge Burley Mitchell is helping you with the possible selection of a U.S. Supreme Court Nominee from North Carolina, I believe, like many, in the African-American Community, that his selection would be biased and unfair.
Not only did Judge Mitchell, support I Beverly Lake, Jr., a Republican, whose father was an avowed racist, over eventual Chief Judge, Henry Frye, the First African-American Chief Judge in North Carolina, Lake has not been a proctector of the Constitution.
A case of Young v. North Carolina, was presented to the Exum, Mitchell, Easley, Lake judicial system in North Carolina, and although a unique Free Speech, First Amendment Right case, it was denied on Mitchell’s Court-watch, and whose Clerk was Ripley Rand, son of Tony Rand, a North Carolina Senator.
A Writ of Certiorari to that N.C. Supreme Court was denied by I Beverly Lake, Jr., founder of the Actual Innocence Project, yet the case was docketed in U.S. Supreme Court 92-6940, but not heard, nor was an attorney appointed to protect a North Carolina’s black citizen’s individual, protected and civil rights, under the State or U.S. Constitutions.
A similar case on point: Nichols v. Chacon, 110 Fed 2d. 1099, became the law of the land [W.D. Ark, 2000] on the issue of "Finger Gesture" as protected symbolic speech, just like arm bands, and cross burning, and flying the flag upside down. Until the matter is corrected and a remedy provided, I remain a second class black citizen in North Carolina, and seek your assistance.

I believe your search for a judicial selection from North Carolina might start with Frank Whitney, or Allison Duncan.
Thank you for permitting our U.S. Attorney George Holding, [notwithstanding a Republican] and now heavily into prosecuting corruption in North Carolina to remain.
Yours truly,

cc: Mitchell, Lake, Rand, Frye

Saturday, February 26, 2011

Hypocrisy of the N.C. NAACP

Released, Thursday, January 13, 2011: NAACP concerns are misplaced

Talk of the Town: 919 610-5255

The day after President Obama addressed the Nation from Arizona in a Memorial Service for the attack on their local Congressman and other innocent members of the community, the Daily Dispatch of Henderson, N.C. screamed--not outrage for the attack, or the obvious politicking of the tragedy by President Obama--In my opinion--but instead--the following headline and story:  "Bank bag: NAACP wants answers. [The bank bag disappeared from the tax office December 17, 2009.], and yet to be found.

Now wait just a minute. The letters: N-A-A-C-P stands for National Association for the Advance of Colored People. They did represent N & O Dec. 3, 2007, James Johnson, a black, of accessory, who did admit guilt in a murder case in: "...failing to report the crime."

But, not until I read this story, 1-13-2011 Daily Dispatch, did I feel a concern in what warranted the interest of the NAACP of the missing bank bag.  I’m a former member of the NAACP. This case smacked more of State Crime, not a Federal Civil Rights Issue for which the NAACP was founded in 1909.

While the Sheriff, whose job it is to investigate, is black, there needs to be much more that should trigger a NAACP toe-hold regarding the missing "Bank Bag"?

Ironically, the NAACP was silent when given a sworn affidavit, a complaint which they ignored concerning a First Amendment, Free Speech, law enforcement abuse sent to members of the organization, including former Rep. John Lewis (D-Ga.), the Rev. Dr. William J. Barber, II, N.C.m President, a recipient of the Long Leaf Pine too, and in Vance County, Presidents Terry Morrison, Horace Bullock, former member of the U.S. Congress, Julian Bond as well as Benjamin Todd Jealous: NAACP CEO-Designate, were all asked to intercede. What gives?  Must be politics.

This Dispatch story about the Vance County Branch N.A.A.C.P’s was the front page in Daily Dispatch of Henderson, Aug. 27, 2009: "NAACP collecting complaints about police," which were to be sent to headquarters; and another article read:

"Have you experience or witnessed police misconduct or abuse? "...Police misconduct or abuse threatens the legitimacy fairness and effectiveness of our justice system..." Yes! Duh?

A February 2007 Historical copy of the Vance County Historical Society Newsletter publicized the ongoing "Jim Crow in Vance County History [1927-1941]: "...These crimes against black men were reported as front-page news, month after month, year in and year out...[the author of the VCHS News Letter wrote: "I wonder what it must have felt like to be a black man in those days..." Nothing’s changed.

Hey! and I’m a card carrying member. Well, I was.  I decided not to renew my membership.

Following my faxed written complaint to the NAACP, the most comforting thing received from Vance County Chapter, NAACP president Horace P. Bullock was his two sentence, November 9, 2009 letter: "...Mr. Young, you have done everything that I would have done..." signed "Horace P. Bullock, President.

c Talk of the Town 919 610-5255

Violence against Law Enforcement and possible solutions

Release Sunday, January 30, 2011, Violence against police officers, and possible solutions proposed

c Talk of the Town: 919 610-5255

For sometime now there has been a dearth of incidents involving police shootings, attacks on the police, and government officials. The shooting of Arizona Representative Gabriella Giffords has culminated in a review of security practice surrounding government officials and violence against police in general though out the United States.

It has been 12 years since the violent death of Davina Jones, which the state has been able to hush up. Jones was Baldhead Island's female police officer killed while investigating suspicious activity at the Baldhead Island Lighthouse in 1999. The Island is only accessible by ferry.  Wasn't Hunt still governor?

The medical examiner for the State of N.C. first ruled the death a suicide, but later it was determined to be a homicide. No arrest has been reportedly made in the death, though the State did pay some damages to the family after first refusing to do so.

William J. Bennett, former Education Secretary, and Al Roker the meteorologist, as well as a former Pittsburgh Stealers Football Coach are purported to have owned property on the Island.

As this blog is posted, police have defused a Greyhound Bus Hi-jacking safely and without incident so police encounters don't always have to end in violence.

This essay will hope to focus on likely causes of violence against the police and where blame might be assessed. It seems that history is replete with those who are bent on breaking the law, taking the law into their own hands as they deem it justified. Thus was the feud between the West Virginia families the Hatfields and the McCoys. This was apparently a private feud.

It was less than 200 years ago that voiced differences of opinion that brought discredit, dishonor or ridicule, or humiliation, was settled my dueling with swords or pistols. We have long since dropped the practice of dueling and Stock Block, used in medieval times as a form of physical punishment, and humanity is better off for it.

Today, in the United States, one is presumed innocent until proven guilty, but therein lies the catch. Many don’t get to trial, or proven guilty or innocent because they are often involved in a shootout with a police officer, or they are waving around a water pistol that a police officer took to be a weapon, and the officer is able to claim he shot in self-defense.

Likewise police chases have often led to the loss of innocent lives because the officer used less than better judgement, when seeking to apprehend a known suspect. However, often with the identification of the original owner of the automobile, the identity of the driver involved can often be determined, even if the car has been stolen.

In England and in New Zealand, a debate has been raging about arming their police officers. The British, Bobby, have long had a tradition of not carrying a weapon, while some European officers carry a weapon in a car that is locked in a case for emergency use as needed.

Even given today’s claimant of criminal activity, many in the UK feel the police should remain unarmed. Why would the British have such an attitude and confidence in their police? One reason is that their law enforcement personnel are better trained in public relations, and negotiations, as well as being able to safely fire a weapon when necessary.

In the United States, many who gravitate towards police work often come from the ranks of our military, which is not surprising. If not, then often young men, and women, whom life has given an ultimatum and they become residents, and often graduates of military academies because they may have been incorrigible as teenagers, and this was a way of starting over.

The branch of the service that has most often in the past accepted recruits of questionable backgrounds has usually been the Army or the Marines, both combat organizations.

One thing an individual learns early in the military--which police officers, who were formerly with the military know--is respect for authority, or superior.

Businesses that hire former police officers for security personnel are not looking for public relations personnel, but are instead looking for the protection of their employees, their business assets, and property. Many employment agencies require that the security personnel have firearms training, and this often becomes one of the reasons that a former military candidate will most likely get the job.

In the military you are taught to obey the command of your superior. Putting a combat veteran in the position of authority such as the police, or security guard without prior debriefing and psychological testing for mental disorders sets the stage for deadly confrontation with the public, or superiors who may, or may not have been military.
You might ask: "Why would that lead to violence against police?" My reasoning is as follows: Following our young nation’s previous wars, servicemen returned to their small hometowns as heroes. This has not been so with the returning veterans of Viet Nam, or the soldiers who were exposed to Agent Orange, in Iraq.

A lot of animosity was built up during the Viet Nam era, when the public became more aware of the counting of body bags containing the remains of a fallen soldier. Military-age young men would leave the country, or seek college deferment to avoid military service.

Those sons of military families who did go on to serve, and are now back in the United States, are seeing, and become aware of the change that is taking place politically, and socially in our society, and are witnessing unwarranted bitterness toward the military.

In my opinion, a select few of the former military personnel turned police officers may feel society owes them. These may well be those law enforcement personnel who abuse the authority of their position as some members of the N.C. State Highway Patrol have done, or feel they deserve special treatment if they are caught driving, while under the influence of alcohol, because of the brotherhood they share with other officers.

What’s the solution? Of course, there is no real solution. However, former military personnel seeking employment as a police officer should be well tested and screened. That screening should be born by the government. Consideration should also be given to law enforcement training in education beyond high school, with firearms training course at the college level.

Additionally, to assist the police in their arduous task, legislation should be passed requiring two license plate per vehicle, this would prevent those seeking to avoid detection from backing a car into a parking space so the license could not be discerned by an officer just driving by. As the D.C. Snipers: Lee Boyd Malvo, and John Allen Muhammad in 2002.

In the field, attempting an apprehension, after a certain amount of negotiation has proven unsuccessful, the predicable violent use of a swat team might be avoided with some form of tear gas or other chemical substance disabling the perpetrator. Nothing of use is learned from a dead suspect.

Additionally, during traffic stops it would be prudent if police cars could be equipped with the ability to conduct a surveillance of a vehicle it is following with a video camera that can magnify the license plate from a distance, which permits the officer to run a license check, and monitor the car’s activity before calling for backup and attempting a stop; by this time, the officer has an idea of the danger he and his fellow officers could be facing.
Finally, that [dreaded] flashing light of a cruiser behind you should also include a digital message readable by the suspect driver in their rear view mirror requesting that they please pull over. This might set a cooperative tone for the stop. I also believe 1) blacken windows should be outlawed, or their use registered; further, 2) Officers’ encounter with the driving public should be changed in the following manner.

Officers are greatly exposed by exiting their cars first to approach a suspect. I believe it would be proven safer to have the suspect open his car door, turning in his seat putting his feet out of the car first, then being asked to stand, and put his hands on the opened door framed in clear view.
Should the suspect attempt to run, the officer would be authorized to tase the suspect.

In conclusion, only those in law enforcement and through experience could determine if such procedures would work, but the fact that police work is a dangerous profession, the public should be taught though ongoing public relations to see the officer as a public servant, a friend, a family member, a husband, a father, a son, an uncle, grandfather, and a person in service to the public and the community--first of all--and needing the support of the community to do an effective job.

c Talk of the Town, 919-610-5255

Title 1983 Public Health and Welfare Statute exposes State's misconduct

Released: February 26, 2011, Talk of the Town

Symbolic Speech [ finger gesture--even 'mooning'] is protected speech under the First Amendment, and a case on point for finger gesture is Nichols v. Chacon,110 F.Supp.2d 1099 [2000] and mooning is the Mark Edward Fly case in 1997, prosecuted by former State Attorney General, and former Governor, and now convicted felon, the Honorable Mike Easley, who, along with former governor, Jim Hunt has awarded to several state citizens, the States Highest Honor, the Long Leaf Pine.   What's that worth now?

I would give it back.

According to the Judicial Standards Commission 7A-376.
Question: What conduct is deemed prejudicial to the Administration of Justice?

It's conduct that brings the judicial office into disrepute, and prejudicial to public esteem for the judicial office. In re: Edens, 290 N.C. 299.

Further, [the] disposition of a case for reasons other than an honest appraisal of facts and law as disclosed by the evidence presented. See in Crutchfield, 289 N.C. 597.

Finally, and according to Title 42 Section 1983: Civil action for deprivation of rights.

"Every person who, under color of any statute, ordinance, regulation, custom, or usage, or any State...or causes any citizen of the United States subjects any person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution shall be liable to the party injured [Daniel A. Young, Sr.]in an action at law, suit in equity, or other proper proceeding for redress.

That's my perspective.  What's yours?

Loss of Pension for Judicial Misconduct could help balance budget

Released: Wednesday, February 16, 2011, Talk of the Town

Honorable Sen. Peter Brunstetter
Chairman, Judiciary I Committee
N.C. Legislative Office Building
Raleigh, NC 27601
re: Loss of pension for judicial misconduct saves State Budget in North Carolina
Dear Senator Brunstetter:

This letter, and the other support documents available, follows "Under the Dome, N.C. Politics & Government’s," blurb by Rob Christensen, N & O Story, Wednesday, February 16, 2011, P. 3B. regarding N.C. Senate Bill 33, and quotes by two North Carolina Chief Judges, who are both entwined with this response, as well as a U.S. District Court Judge Terrence Boyle, who ruled my efforts for redress were "utterly meritless."

On behalf of other citizens who might be similarly situated, I write to express that a cap on "noneconomic damages," whether for medical malpractice, or judicial misconduct would not be in keeping with our Constitution or legal precedence.
Both former members of the N.C. Supreme Court, the records would show condoned, and were instrumental in egregious, malicious, misconduct which is the ‘cruelist tyranny’ regardless of political affiliation.

In 1992, this writer, was maliciously charged, without probable cause, paid $25.00 fine, and Court Fees being convicted by a Democratic, Judge Donald Overby, running to retain his seat on the N.C. Bench for a malicious charge of "disorderly conduct for finger gesture" and turning left on red at the intersection of two intersecting one-way streets in down town Raleigh in response to the officer’s Blue Light and Siren.

Dan Blue, once again a member of the N.C. General Assembly wrote and advised me in a response to my requested effort to have the General Assembly enact left-turn-on-red-legislation, yet to pass.
Judge I Beverly Lake, Jr., a Republican Judge, member of the Womble Carlyle firm, writing for the Court in this case, 92CR-07443, acknowledged the reviewing of my constitutional right, yet denied my writ of certiorari No. 183P92, July 16, 1992, under the Chief Judge, James Gooden Exum, Jr., who retired in 1994, replaced by Burley Mitchell, Jr., as the Chief Judge, since leaving the Bench has founded a 527, a not for profit organization, and claims to have stepped down to permit Henry E. Frye, to become North Carolina’s first black Chief Justice.
Justice Lake would propose the Actual Innocence Commission; Mitchell would found, a 527 Group; Judge Orr, who was appointed the Directorship of the Administrative Office of the Courts, when Lake became the Chief soon after his appointment, and would eventually found North Carolina’s Institute for Constitutional Law. All to buffer their legacy.
These justices are aware of Article 30 of the Judicial Standards Commission 7A-376, and its three remedies for Willful Misconduct one of which is "...loss of retirement benefits,"
for willful misconduct acting in his official capacity done intentionally, knowingly and in bad faith, and more than a mere error of judgment or an act of negligence. ‘...encompassing conduct involving moral turpitude, dishonesty or corruption, whatever the motive.
Now that the Republicans are in office I Beverly Lake, Jr. feels confident and claims capping damages would be Unconstitutional, while Justice Mitchell is a Democrat in an environment of Republican office holders and says capping damages would be Constitutional just in case he has to pay.
It is said: "There is no crueler tyranny than that which is exercised under cover of law, and with the colors of justice..." U.S. v. Jannotti, 673 F 2d. 578, 614 (3d Cir. 1982)