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)