Wednesday, January 11, 2012

North Carolina to Pay Eugenics victims, but selective about other government abuses

On Friday, November 26, 2010, the National Enquirer,  was informed about Mike Easley, the Two Term N.C. Governor, and former prosecutor fined $1,000.00, and who has evaded jail time through N.C. Politics because of the judges he appointed, and other abuse of
North Carolina government officials.

I also sought to get the National Enquirer interested in a Free Speech, First Amendment right's case in the Wake County Courts that had been ongoing since 1992, in a letter I sent also to Patrick Leahy, Orin Hatch, and Joe Biden in 2001, before the Anthrax scare.  What the scare did was give government a chance to intercept my mail.

Easley was the Attorney General then, and became Governor of the State, and has since had his law license suspended, so he is unable to practice law, and as a convicted felon, I wonder if he will still be able to hunt with his son, Michael Easley, Jr.

Judges who were on the Bench then, and who have since retired, resigned and/or have created such illustrative organizations to protect their legacy are:  I Beverly Lake, Jr., [Actual Innocence]; Robert Orr, [N.C. Institute for Constitutional Law]; Burley Mitchell, Jr., [] projects they could have created, endorsed or founded, when they were either in the General Assembly, or on the Bench.

Raleigh, N.C. often touted as one of the best places to live, because of the PR Firm of Capstrat, formerly Capital Strategy, which was it's name when it held the first "Driving while black" sysposium in Raleigh, following the conviction and fine of a black male for my "finger gesture" to a white Raleigh Police Officer. A.C. Brannon, February 14, 1992.  A case prosecuted a pro se because the court negligently did not appoint an attorney, though the litigant docketed the case in the U.S. Supreme Court 92-6940, having been a former courtroom clerk to a Chief Judge himself.

At that time Capstrat was a one man, Ken Eudy's show, the firm has it's own building, and has now gotten a lot of attention for its crises management.

Little is known about the corruptive political abuse of State and Municipal Government that make it so.

Take Easley, a former District Attorney--known for his prosecutorial acumen who is alleged to have slept with a gun under his pillow--a former State Attorney General, and two-term Governor Easley, pled guilty in N.C. court and has been fined $1,000.00 for failure to report "In Kind" private plane transportation as campaign contributions that would give him an advantage over his campaigning rivals--trivilizing election abuse.

Though the prosecutor is a Republican, who is due to retire in December 2010, the entire proceeding appears to have been a shame, since James Leake, Chairman of the Election Board should have vetted Mr. Kenerly and determine that he was due to retire in a few years and assigned Kenerly’s Assistant, Karen S. Biernacki to prosecute the case.

Further, Leake had the responsibility to know and determine before hand [as he says]
the "one sentence law was vague." The prosecutor should have put the question to the
jury rather than accept a plea agreement of $1,000.00.

Not only should he have appointed a different prosecutor, the law under which the case was brought could well have been adjusted, or amended to established the obvious charges warranted to be prosecuted.

That's my observation and Perspective.  What's yours?

Easley an Attorney, knew why he was being prosecuted, he acknowledged accepting "In Kind" campaign assistance that violate election laws, and there was tangible evidence that he also sent "e-mails [that] show the governor pushed [i.e., coercion, threats, intimidation] to get NC State University to create a job for his wife which eventually resulted in the Chancellor James Oblinger to resign. See: People v Waters, 268 N.Y.S. 2d 203, 49 Misc. 2d 566.State Government official coherencing a State agency--receiving federal funding--to violate the law, is, I would hope, a federal offense also warranting prosecution, a fine and jail time.

More recently a want-to-be-Judge:  Bryan Collins, who was the Public Defender for Wake County, in 1992 saw no need to represent a black defendant who was charged with disorderly conduct, and breach of the peace by finger gesture while sitting in his car; though he and the ACLU Executive Director, Deborah Ross participated in the symposium and now he was to be a Superior Court Judge, ACLU Ross remains in the General Assembly of North Carolina.

Friday, January 6, 2012

Understanding Racial Justice Act is Not about Racial Justice

Racial Justice Act is not about racial justice; it's about the use of statistics to demonstrate racial or judicial bias, which is easily illustrated. 

When a white male is determined by a North Carolina Court of Appeals to be innocent of indecent exposure,  though charged and convicted in Superior Court of "Mooning," which the N.C. Court of Appeal overturns; but a black male--charged in a N.C. Superior Court with disorderly conduct [which record still stands] for intentionally causing a public disturbance by using finger gesture to a police officer, though symbolic speech has long been protected under the First Amendment--and he is convicted, fined, not appointed an attorney, and the prosecutor, who was asked to throw out the case is eventually made a Judge and no redress is extended, then Racial bias is evident.

So, why not just call a Spade a Spade? 

Craig Jarvis [N&O, Friday, January 6, 2012] refers to the law ensconced in the Racial Justice act as the Capital Case law on Page 10a of the Friday, January 6, 2012. 

Thus, it appears even he knows the Racial Justice Law has nothing to do with Racial Justice, for why else would Governor Perdue's former General Counsel, Edwin Speas, who was Senior Deputy Attorney General in the Special Litigation Division of the N.C. Department of Justice under Lacy H. Thornburg when the incident occurred--and former Spokesperson, Chrissy Pearson, and who both resigned before either would give a response to my letter sent certified to Governor Perdue and delivered by Process Server, seeking Racial Justice by amending N.C. Actual Innocence Law to apply also to those not incarcerated, who do not need DNA to prove their innocence, but who were wrongly convicted by the Courts [Not just by a jury], and to issue an apology, and compensate such a victim with a referral to the "Victim-Advocate Liaison" [who may still be Keith Sutton] in the N.C. Governor's Crime Commission.

It just may be that the newest state bar president Martin Brinkley, a Raleigh Attorney, a graduate of Harvard, now president of the State Bar, understands Rule 1.3 concerning Professional Conduct, which reads:

A lawyer having knowledge that another lawyer has committed a violation of the rules of Professional Conduct that raises question of honesty, trustworthyness, or fitness as a lawyer shall inform the N.C. State Bar.

Martin Brinkley who passed the bar in 1992  is listed in the Martin-Dale Hubbell law Directory of 2003 as having an AV Rating.  I believe few, if any, of Easley's or Perdue's appointees can make that assertion.

That's my perspective on the Racial Justice Act.  Let's hear yours!

Wednesday, January 4, 2012

Released, Wednesday, January 04, 2012, TOTT

Subject: Legal  Foxes Guarding the Judicial Hen House

Contact: 919 610-5255

"North Carolina lawyers rate state judges," thus was the headline of a story below the fold in the News & Observer, 1-4-11, by Rob Christensen, suggested to be a "Public barometer" for the re-election of judges in 2012.

Have I missed something? I thought, or was lead to believe that the evaluation of lawyers was the function of the Martindale-Hubbel Law Directory. And according to the N.C. Volume 12 of the Martindale-Hubbel Law Directory, [2003] some "...some lawyers and law firms are ommitted by request, and the information is provided by the firms and/or the lawyers themselves.

While the governor might--and I repeat--might ask the N.C. Bar for their recommendation, in the case of former Governor Hunt, who appointed Donald Overby back to the Bench, even after Overby was defeated; and Former Governor Easley, a convicted felon has made several appointments to the N.C. Bench.

Further, writes Christensen, "For the first time, voters will have information about who are the good judges and who are the mediocre ones--at least in the minds of the state’s lawyers."

Nothing could be further from the truth. Unless N.C. judges run for re-election, and are vetted by the public or the press, there is no way the public can determine the judicial acumen, veracity, integrity of any particular judge; unless of course, you’ve appeared before one, and though I’m a law abiding citizen, I’ve appeared, or had a case before: Overby, Lake, Rehnquist, Boyle, Stephens, Manning, Orr, Finch, Hobgood, Calabria, Hudson, Bridges, Pittman, and Bush, so I would know.

However, I must admit, having N.C. lawyers from the N.C. Bar rate judges while the Judges are sitting on the Bench, might just prevent the need for legal entities to change their name, and judges who create such organizations as the "Actual Innocence Commission," "N.C. Institute for Constitutional Law," or "," after they leave the bench, because their legacy will still be intact.

That's my Perspective.  What's yours?

 See also: Daily Dispatch, January 13, 2010, Letter to the Editor, Judging Justices