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