http://www.nnpa.org/news/lead/anti-black-attitudes-increased-over-past-4-years-by-george-e-curry/
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ELECTION DAY 2012 IS HERE
One
Stop Early Voting/Same Day Registration ends in North Carolina this Saturday,
Nov. 3rd. That means unless you plan to cast your ballots on Election Day,
Tuesday, Nov. 6th, you’ll have only today, Friday and Saturday to
cast your early vote ballot.
Contact
your county Board of Elections to determine times of early voting operation. On
Election Day, polls open at 6:30 a.m., and close at 7:30 p.m.
If
someone tries to challenge or intimidate you while you peacefully attempt to
carry out our Constitutional privilege, just quietly, without anger, go inside
the polling place with the person, ask for the chief polling judge, and a
hearing will be held immediately to determine your voting status.
DO
NOT allow anyone to get you upset at the polls.
As
always, this newspaper is making our considered recommendations about the
candidates we endorse for public office. Of course, we hope that our readers
and community are closely following all of the candidates on the ballot, and make
their ultimate choices based on competence and record, not party.
Our
entire list of candidates follows this week’s final roster of hopefuls.
This
is a pivotal election in so many ways, not just for the state, but also for our
nation, and ultimately our children. Our community made history in 2008 with
the election of the first African-American president.
Now,
in 2012, we must secure our future.
Thus
far our community is doing well at the polls in early voter, but that’s no
reason to let up. There’s no such thing as having “enough” votes or having too
many.
Make
sure that you, your friends and family vote. It means that much.
JONATHAN BARFIELD AND ROB ZAPPLE - NHC COMMISSION BOARD
As
vice chair of the New Hanover County Board of Commissioners, Jonathan Barfield
has displayed an impressive commitment to improving the quality of life for all
residents. During his first term, the young Democrat has worked hard on the
issues of economic development; waste disposal; and of course, finding ways to
attract more businesses and industry to the county that would employ more
citizens.
Rob
Zapple, a Democrat, is a local developer who believes if the puzzle of economic
growth can be solved for New Hanover County, then the other problems will be
well on their way to being more easily solved. Zapple wants to bring his
experience and perspective to the Commission Board to help make that happen. He
believes that engaging large NHC corporations more about expanding their
operations in the county would go a long way towards creating jobs immediately.
Jonathan
Barfield has brought energy, clarity and commitment to the Commission Board,
and Rob Zapple will bring new ideas and a business perspective that could
benefit all of us.
We
endorse Barfield for a second term, and Zapple for his first. They’re right for
New Hanover County.
KAREN CLAY BEATTY FOR
NHC BOARD OF EDUCATION
As we said last May
during the primaries, Karen Clay Beatty has stepped up to the plate, and
offered the community her experience, service, and deep commitment to improving
education for all of our county’s children, and we’re glad she has.
A product of the school
system that she wants to serve, Beatty retired from NHC Public Schools earlier
this year after 30 years. Twenty-one of
those years have been as a Licensed School Social Worker, where she served a
couple of years as a lead social worker for secondary schools. Prior to that,
she was an Educational Diagnostician for the system. She holds a B.A. degree
from Shaw University, a BSW from Pembroke State University, and a MSW from East
Carolina University.
If elected, Beatty vows
to work to increase the graduation rate; develop more mentoring programs; and
create a stronger bond between the schools and the community.
We need her experience, her
vision and her leadership. Vote for Karen Clay Beatty for the NHC Board of
Education.
ELIZABETH REDENBAUGH
FOR NHC BOARD OF EDUCATION
When she was a
Republican, NHC School Board member Elizabeth Redenbaugh, while excepting the
national JFK Courage Award, called her Board of Education, “…the bottom of the
political food chain.” Given the courage she displayed fighting the racial bias
of her GOP colleagues on the board, we knew there would always be a place in
our hearts for this principled leader. It wasn’t long before Redenbaugh kissed
the GOP goodbye, and joined the Democrats, hoping to continue to shape policy
that honestly spoke to the needs of all children, instead of the racially
resegregating redistricting parlor tricks her Republican board colleagues felt
perfectly justified in engaging in. She fought to stop the closing of D.C.
Virgo. She’s determined to close the racial achievement gap. This is one
courageous leader who we must re-elect to the NHC Board of Education. Elizabeth
Redenbaugh is a fighter for all children. Let’s keep strong leadership on the
job.
EMMA
SAUNDERS FOR NHC BOARD OF EDUCATION
Here’s another retired
NHC educator with over 30 years elementary school experience, in addition to
being an administrator. Emma Saunders brings a wealth of learning experience
with her, in addition to a Bachelor’s Degree in Early Childhood Education and
Elementary Education from Florida A&M University, and a Masters Degree in
Elementary Education from Fayetteville State University. The biggest
challenges, beside budget, facing NHC Public Schools, Saunders says, is raising
all student achievement, reducing the dropout rate, and raising the graduation
rate across the board. Emma Saunders knows what NHC Public Schools need, and that’s
why she deserves to be elected to the NHC Board of Education.
ROBIN WICKS
ROBINSON - NC DISTRICT COURT JUDGE DISTRICT 5
Last year, attorney Robin Wicks Robin son was appointed to
serve as District Court Judge for New Hanover and Pender counties, and now
she’s running to serve a full term. Judge Robinson has had 25 years of legal
experience in family law, criminal law, juvenile law and civil law. There is no
question that Judge Robinson has the experience, and since 2011, she has proven
to have the judicial temperament.
Judge Robinson has
impressed us with her integrity on the bench. We endorse her candidacy.
NO
NC HOUSE DISTRICT 18 ENDORSEMENT
It’s rare when there are
two candidates in a race, and both are so bad that we can’t find any redeeming
value in either of them.
Such is the case with the
House District 18 race between the Democratic incumbent Suzi Hamilton, and her
Republican challenger Louis Harmati.
Hamilton has already
proven that she can’t be trusted. The stunt she pulled last year voting with
the Republicans, and against Gov. Perdue, on the fracking bill, finally proved
that you trust this woman at your own risk.
Endorsing her is like
having blood on your hands.
Sorry, Suzi, but we kind
of like having clean hands when we recommend public servants to our community.
As for her Republican
opponent, Louis Harmati of Leland, we trust him even less than Suzi, if that’s
possible. He says our greatest threat is socialism. That means if elected to
join his Republican brethren in the NC General Assembly, he will vote to cut
everything short of lunch money.
No thanks, Louis.
So thus, we endorse no
one in this race. That doesn’t mean you shouldn’t vote for someone, however.
But if you do, you better hold them to the strictest standards.
Whomever you choose must
fight fir jobs, jobs and more jobs for our mostly black state House District
18. Suzi Hamilton likes to tout her connections with the movie industry, and
that getting more tax credits for the moviemakers translates into more jobs.
Maybe, but not for us, and that’s been proven by research.
Whoever ultimately wins
this contest should be willing to vote to compensate the sterilization victims
of the state’s longtime eugenics program.
Whoever is elected must
be for safe methods of increasing our energy supply via our own resources. We
are energy dependent on the Middle East, and that has to stop. We must
cultivate our own energy resources, but not at the risk of hurting our
environment or not exploring alternative energy sources like solar and wind.
Whoever is elected from
House District 18 must advocate for expanding and improving our port.
Wilmington lost 3,000 potential jobs recently because our port did not have the
capacity needed, forcing Caterpillar and a major tire plant not to locate in
Brunswick County.
With our newspaper, it’s
not about the color of your skin or your party affiliation, but whether you are
ready, willing and able to fight to improve the quality of life for all of the
people in District 18.
We urge our readers, and
the voters of state House District 18 to do their homework on Rep. Hamilton and
Mr. Harmati. Who is paying their bills and wanting them to vote a certain way?
Have either of these unacceptable candidates proven that they will work hard
for poor people in our district.
This is why we caution
our readers about voting a straight Democratic ticket. Not all Democratic
candidates are for us, so putting them in office is just as bad as putting
someone who has no regard at all for our community. Black people are smarter
than that if given the choice and the proper instruction on how to discern
which candidates, regardless of party, might prove worthy of our support.
Take the time to study
all of the candidates, as we have. Don’t vote the straight Democratic ticket,
not with Rep. Suzi Hamilton on it for sure.
DAVID DOWDY - SOIL
& WATER CONSERVATION SUPERVISOR
In case you didn’t know,
the nonpartisan New Hanover Soil
and Water Conservation District Board of Supervisors ensures that the quality
of our water is maintained at the highest standard through strong conservation
and storm water management efforts.
There are four candidates
for seats on that board, but the best, in our opinion, is David Dowdy, a hard
worker and grassroots community servant we can trust. Dowdy says protecting our
water and environment will be his top priorities if elected.
So let’s do it. Let’s
elect David Dowdy to the NHC Soil and Water Conservation Board.
OUR COMPLETE
LIST OF ENDORSEMENTS
Barack
Obama - president
Walter
Dalton - governor
Linda
Coleman - lt. governor
Cherie
Berry - labor commissioner
Roy
Cooper - state attorney general
Beth
Wood - state auditor
June
Atkinson - state schools supt.
Janet
Cowell - state treasurer
Wayne
Goodwin - state insurance commissioner
Steve
Troxler - state agriculture commissioner
Elaine
Marshall - secretary of state
Wanda
Bryant - NC Appellate court
Cressie
Thigpen - NC Appellate Court
Linda
McGee - NC Appellate Court
Sam
J. Ervin IV - NC Supreme Court
Mike
McIntyre - congressman Seventh District
Erik
Anderson - congressman, third District
Deb
Butler - NC Senate
NO
ENDORSEMENT IN HOUSE DISTRICT 18
Jonathan
Barfield - NHC Board of Commissioners
Rob
Zapple - NHC Board of Commissioners
Karen
Clay Beatty - NHC Board of Education
Elizabeth
Redenbaugh - NHC Board of Education
Emma
Sanders - NHC Board of Education
Robin
Wicks Robinson - NC District Court Judge
District 5
David
Dowdy - Soil and Water Conservation
District Supervisor
ALICIA KEYS AT CHAVIS - Superstar singer Alicia Keys wowed over 3500 fans at the Chavis Community Center baseball field in Southeast Raleigh last Friday on behalf of the Obama campaign. Black early voters in North Carolina are voting solidly for the president [Obama for America photo]
ELECTION 2012 - DOWN TO THE WIRE
By Cash Michaels
Editor
Will
President Obama win North Carolina, let alone re-election?
What
will happen if the state elects a Republican governor and re-elects a GOP-led
NC General Assembly?
And
will the NC Council of State remain in Democratic hands?
With
One Stop/Early Voting ending this Saturday, Nov. 3rd, and Election
Day, Nov. 6th next Tuesday, those questions will soon be answered as
tight, and some not-so-tight races come down to the wire.
In
early voting statewide, as Oct. 31st, 1,876,309 early ballots were
cast in North Carolina, according to the NC Board of Elections. Thus far based
on the ballots cast, 49 percent were Democrats; 32 percent Republican; and 20
percent unaffiliated.
Per
One Stop Early Voting, black female Democrats continue to lead all groups with
290,316 ballots cast. Black male Democrats to date have cast 171,848; while
female Democrats have logged 217,136, and white male Democrats 150,991.
On
the Republican side, black females have cast 3,376 ballots; black males 3,377;
white females 254,528 and white male GOP’ers 239,749.
Just
from these numbers alone, while it is clear that black Democrats are holding
their own and outpacing their 2008 presidential election year numbers, white
Democrats are being out paced by their Republican counterparts.
Assuming
that most white Democrats are not crossing over to vote for Republican
presidential challenger Mitt Romney, that deficit could spell an extremely
tight race for the president in North Carolina. The latest poll from Elon
University this week shows a both candidates in a 45-45 percent dead heat.
However,
a SurveyUSA poll conducted for WRAL-TV in Raleigh this week suggests Republican
Romney will win North Carolina on Election Day 50 to 45 percent, despite
Democratic early vote dominance. The poll says the number of pro-Romney voters
who will weigh-in on Nov. 6th are 2 to 1 to Obama voters.
Jim
Messina, campaign manager for the Obama campaign, says he has faith in the
tremendous field operation he has on the ground in North Carolina, which helped
the president win North Carolina by a slim 14,000 votes in 2008.
In
the gubernatorial race between Lt. Gov. Walter Dalton, a Democrat; and former
Charlotte Mayor Pat McCrory, the Republican; most polls show McCrory with a
double-digit lead of anywhere from 14 to 19 points. Published reports show
Dalton with just one-sixth the campaign war-chest of McCrory as he continues to
struggle to present himself to the voters of North Carolina.
McCrory
has made no secret that if he’s elected, he’ll be in lockstep with the
Republican-led state Legislature on voter ID, cutting public education, and
shrinking social services.
In
the race for lt. governor, Democrat Linda Coleman and Republican Dan Forrest
are neck-and-neck, which means whose campaign best turns out its supporters
will ultimately win the office.
For
the rest of the NC Council of State, Republicans are salivating at the prospect
of taking the majority for the first time.
Republican
Debra Goldman, who serves on the Wake County School Board, is hoping that a
recent alleged sex scandal involving her and fellow Republican Wake School
Board member Chris Malone, a candidate for the NC House, doesn’t hurt he
chances to unseat Democratic incumbent State Auditor Beth Wood. Wood is leading
that race while Republicans are turning against Goldman.
And
State Supt. June Atkinson charges that her Republican/Tea Party opponent, John
Tedesco - also a Wake School Board member - has a problem telling the truth,
has no real experience in education beyond his two years on the school board
(compared to her 35 in education) and create “chaos” with everything he says
and does.
Atkinson and the NCNAACP label allegations by Tedesco that
the Democratic state schools supt. has hired the NCNAACP to campaign for her as
absolutely false, and she points to that as an example of what she means. Tedesco,
who has made it clear he has no love for the NAACP, stands by his allegation.
In
the nonpartisan races for the state Appellate and Supreme Court, Appeals Court
judges Wanda Bryant, Linda McGee and Cressie Thigpen hope that voters will
return all of them to the bench. Running as the Keep Fair Judges’ team, the
three say if they go down, the appellate will lose most of its female and
African-American representation.
In
the race for State Supreme Court, Appeals Court Judge Sam J. Ervin IV hopes
that voters will cast their ballots for him over conservative opponent Paul
Newby.
Judge
Ervin says he offers fair, nonpartisan judgment of cases as he does now on the
appellate court. He is endorsed by Congressman G. K. Butterfield . The
Morganton native has been practicing law since 1981. He served on the NC Utilities
Commission since his appointment in 1999 by Gov. Jim Hunt. Judge Ervin was
elected to the NC Court of Appeals in 2008.
Editor’s
note - At the polls, there are reports of attempts at voter intimidation, some
of them even violent. If you have any problems while trying to lawfully cast
your ballot, call Election
Protection, the nation’s largest nonpartisan voter
protection coalition, at it’s toll-free hotline at 1-866-OUR-VOTE
(1-866-687-8683). For answers to
most questions about where, when and how to vote, go to the special website: www.NCElectionConnection.com.
Voters can preview their own ballot, find the nearest Early Voting site, and
check their registration status.
In
addition, because of the new redistricting plan adopted this year by the NC
General Assembly, your voting district lines may have changed. You may even get
a different ballot from your neighbor who lives down the street because of how
the new district lines zigzag through neighborhoods. About two million voters
live in precincts divided by district lines and you’re 50 percent more likely
to live in one of those split precincts if you’re black. So check with your
county board of elections, or call 1-866-OUR-VOTE to confirm what your voting
district is, and where you should vote.
-30-
UNC LAW PROFESSOR GENE NICHOL
EXCLUSIVE
UNC LEGAL EXPERT SAYS PARDONS
DESERVED IN WILMINGTON TEN CASE
By Cash Michaels
Saying
that revelations about Assistant New Hanover County
District Attorney James “Jay” Stroud Jr.’s racial jury gerrymandering,
and his plot to cause a mistrial to impanel a “KKK” type jury in the Wilmington
Ten case were “stunning and beyond outrage,” a UNC legal expert tells The
Carolinian that those facts alone justify
individual pardons of innocence from Gov. Beverly Perdue for the Wilmington
Ten.
Meanwhile,
the Libertarian candidate for NC governor, announced her support Wednesday for
pardons of innocence for the Wilmington Ten, citing the documented actions of
prosecutor Stroud in saying, “A pardon of innocence by [Gov.] Perdue would
grant some closure for the surviving members of the Ten, and must come before
Perdue’s term ends December 31st.”
In
another development, the North Carolina chapter of the Southern Christian
Leadership Conference announced in Greenville Sunday that it was formally
supporting the pardons of innocence effort for the Wilmington Ten.
Dr.
Benjamin Chavis, leader of the Ten, was on hand for the announcement.
“It
is stunning, and beyond outrage, to learn the level of prosecutorial abuse that
dominated, infected, and ultimately drove the outcome in the Wilmington Ten
trials,” says Gene R. Nichol, Boyd Tinsley Distinguished professor at the UNC
School of Law at UNC - Chapel Hill, after reviewing portions of what is now
known as “the Stroud file.”
“This intense abuse of governmental
authority, prosecutorial misconduct -- both professional and racial -- casts a
long shadow over the North Carolina system of justice, Prof. Nichol continued.
“It also, of course, worked massive and unforgivable constitutional injury on
the lives of ten North Carolinians.”
“The prosecutor made mockery of his high office by knowingly,
intentionally, and purposefully placing perjured testimony at the heart of the
trial. It is also clear now, in ways not demonstrated by documentary evidence
before, that he tainted the trial initiation process and vital jury selection
through patent, overt, and outcome-determinative racism.”
“It is crucial that North Carolina
act to admit and concede such a potent and defining abuse of power,” Prof.
Nichol maintains. “To allow public servants to behave in such a fashion,
without remedy, is literally intolerable.”
Prof.
Nichol’s legal analysis comes after the fortieth anniversary of the convictions
of the ten civil rights activists for crimes they did not commit. On Oct. 17th,
1972, nine young black males and one white female - all led by the Rev.
Benjamin Chavis of the United Church of Christ - were falsely convicted during
their second trial of conspiracy in connection with racial violence that
gripped Wilmington in February 1971.
The
Stroud files now cast a large shadow over those convictions.
“The
Ten,” as some call them, were all sentenced collectively to 282 years in
prison, some of which they all served before worldwide public pressure forced
early releases. In 1976, Amnesty International, a respected international
social justice agency, labeled the Wilmington Ten “political prisoners” because
they were targeted only after they protested racial discrimination in their
local public school system five years earlier.
In
1977, the three witnesses on whose testimony the Wilmington Ten were convicted
recanted their testimonies before a grand jury, saying that state prosecutor
Jay Stroud paid them to lie with gifts and privileges. The CBS News program “60
Minutes” broadcast an expose’ on the fabrication of evidence in the case,
strongly suggesting a false prosecution.
And
in 1980, the US Fourth Circuit Court of Appeals, citing prosecutorial
misconduct on Stroud’s part, among other issues, overturned all ten
convictions. But the state of North Carolina has upheld those convictions for
the past 32 years.
It
was not until 2011, when the National Newspaper Publishers Association (NNPA) -
an association of over 200 African-American newspapers across the nation -
voted to officially seek pardons of innocence for the Wilmington Ten, did the
effort to legally address the issue begin in earnest, and the Wilmington Ten
Pardons of Innocence Project was born.
On
May 17 of this year, a legal petition of pardons of actual innocence was
formally submitted to Gov. Beverly Perdue’s Office of Executive Clemency on
behalf of Dr. Benjamin Chavis; Wayne Moore; Marvin “Chili” Patrick; Reginald
Epps; James “Bun” McKoy; Willie Earl Vereen; William “Joe” Wright; Jerry
Jacobs; Ann Shepard and Connie Tindall.
Wright,
Jacobs, Shepard and Tindall are deceased. Tindall, 62, died in August.
During
the course of researching the case, the original files of Wilmington Ten state
prosecutor Jay Stroud were found, and evidence of extraordinary prosecutorial
misconduct uncovered. North Carolina Central University School of Law Professor
Irving Joyner, and James Ferguson, original lead defense attorney forty years
ago for the Wilmington Ten - both of whom filed the petition papers with the
state - spent last summer researching and authenticating handwritten jury
selection notes by prosecutor Stroud which indicated during the first trial in
June 1972 in Pender County how he sought to impanel a “KKK” type jury to
guarantee convictions.
Stroud’s
notes also document how he plotted to cause a
mistrial in the first June 1972 Wilmington Ten trial because there were ten
blacks and two whites on the jury, his star false witness against the Ten,
Allen Hall, was not cooperating, and it looked very unlikely that Stroud could
win the case given the lack of evidence.
History shows that prosecutor Stroud told the presiding judge in the first June
1972 trial that he had become “ill,” and could not continue.
A mistrial was ultimately
declared.
It was during the second trial in Pender County, which began Sept. 11, 1972,
that Stroud got a jury more to his liking - ten whites and two black domestic
workers - and a different judge who was arguably biased against the defense.
This
time, the Wilmington Ten were convicted, sentenced, and sent away to prison.
As
The Carolinian exclusively reported
in September, it was during a Sept. 5th forum at NCCU’s School of
Law, that defense attorney James Ferguson said his examination of the Stroud
files was revealing.
“There
was a fair amount of confirmation of things we suspected at the time that race
was the central strategy of the prosecution,” attorney Ferguson maintained,
singling out a legal pad that prosecutor Stroud used during jury selection of
the first trial to track Ferguson’s questioning of potential jurors in Pender
County, a neighboring county the case had been moved to in June 1972.
Pender had a larger African-American population than New Hanover County, where
the Wilmington Ten had been charged, thus, more black candidates for jury
service.
Ferguson detailed how Stroud wrote on the top of one page of his jury selection
legal pad,” Stay away from black men.” Next to that on the top of that same
sheet, Stroud wrote, “Leave off Rocky [Point], Maple Hill. Put on Burgaw, Long
Creek Atkinson Blacks.”
In
Stroud’s mind, Ferguson said, blacks from the more rural towns of Burgaw, Long
Creek and Atkinson, would probably be less likely to identify with “radical”
civil rights leaders like Ben Chavis, than African-Americans from the more
urbane towns of Rocky Point and Maple Hill.
Indeed, the 29th prospective juror on that same page named
“Randolph” has a capital “B” in front of his name in the margin, and in
parentheses the word “no,” and written afterwards, “on basis Maple Hill.”
In contrast, per another possible juror, number 9 with a “B” named “Murphy,”
Stroud has written in parentheses, “Worth chance because from Atkinson.”
There are several prospective jurors listed by name, and if not, certainly by
number, who have the capital letter “B” written in the margin. If there was any
doubt about the “B” indicating “black” - which was attached to many names the
words “leave off” were written next too, that is dispelled by what Stroud
writes in addition to some of them.
On prospective “B” juror number eleven named “Graham,” Stroud writes, “knows;
sensible; Uncle Tom type.”
On Number 27 named “Stringfield,” Stroud writes, “no named black on jury.”
On Number 19 named “James” Stroud writes, “stay away from,” apparently
indicating that the potential juror is a black male he doesn’t want.
And prosecutor Stroud had unmistakable codes for white jurors he felt he had to
have.
On that same legal pad sheet tracking juror interviews, when Stroud was
impressed with a white interviewee’s answers, he’d write down the three letters
of the alphabet most commonly associated with the most fear white supremacist
group in the South at the time - the Ku Klux Klan.
“KKK?...good” is what Stroud wrote for juror Number 1 known as “Pridgen.” For
Number 6 named “Heath,” the reverse, “O.K.” then “KKK?”. Number 75 on a
subsequent page was “Fine - probably KKK!!” and on Number 99 Stroud writes,
“does not have a record - KKK!!”
Stroud
apparently was also concerned if potential black jurors in the June trial read
about the case in The Wilmington Journal,
the local African-American newspaper. Stroud considered the Journal a
subversive publication that supported the Wilmington Ten.
“Blacks
- you get Wilmington Journal or read
it - view sympathetic to letters from Chavis,” Stroud wrote in the column of
his legal pad, making note of question would ask of potential black jurors.
The
notation is chilling because the following year, The Journal was firebombed by a white supremacist on June 1973, and
historically, another black newspaper, The Daily Record, was burned to the ground by white supremacists during
the November 10, 1898 racial uprising, demonstrating a long held fear of the
Black Press in Wilmington.
“Race
infused the jury selection strategy in that June trial,” attorney Ferguson said
of Stroud’s jury selection notes.
As indicated earlier, the sheer number of prospective black jurors for the
first Wilmington Ten trial resulted in a panel of ten African-Americans, and
two whites.
“We were able to position ourselves in a way that we were headed towards
getting what appeared to be a jury that might be fair,” defense attorney
Ferguson said.
“But at that time, as they say, a funny thing happened on the way to the
forum.”
Ferguson and Prof. Irving Joyner note that on the cardboard back of that jury
selection legal pad Stroud used, the prosecutor literally drew a line down the
middle.
On the left he titled it, “Disadvantages of Mistrial.”
On the right, “Advantages of Mistrial.”
“Most people don’t list the pros and cons of getting sick,” quipped Ferguson.
Stroud then proceeded to list reasons for both, seemingly to devise some sort
of strategy as to what his next move should be.
For disadvantages, the prosecutor wrote, “1 - waste of a week; 2- could affect
Hall’s attitude and other witnesses (referring to star state’s witness Allen
Hall, who was being paid by the prosecution to deliver false testimony) 3 -
possibly waste of 2 weeks unless Allen can set up quick docket; 4 -
inconvenience to all concerned; 5 - possibly get Judges Chess, Godwin or
Copeland on new trial; and 6 - delaying getting cases over with.”
On the other side of Stroud’s list for “Advantages of Mistrial’ in the first
Wilmington Ten trial, the prosecutor listed, “1 - different judge; 2 - better
prepared to select jury and to handle motions/more organized; 3 - avoid longer
jury selection and hung jury in Pender because of their concern about
retaliation; 4- fresh start [with] new jury from another county; 5- avoid
reversible error [and] new trial on lack of [defense] witness interviews; 6 -
can enlist Dan Johnson’s help; 7 - opportunity to separate [white Wilmington
Ten member Ann] Shephard (sic) from others to keep out [Allen] Hall’s letter;
and 8 - time to have case well prepared and organized.”
Stroud apparently decided to cause the mistrial as a result of his
deliberations.
“The main prosecutor in the case (Stroud) suddenly became ill,” Ferguson
recalls. “For what reason I do not know. [Perhaps] sitting there looking at
that many black folks serving on the jury. But he became ill, sort of speak,
and decided that he could not proceed with the trial. So that trial was
aborted.”
After
reviewing the same materials, UNC law Professor Gene Nichol was deeply
concerned.
“The
Stroud memo reveals that the most cynical and stunning use of racial antagonism
and hostility drove the prosecutor's decisions in launching, and re-launching
the Wilmington Ten trials,” Prof. Nichol says. “No justification exists, or could exist, for such bald
constitutional transgression. It is vital that the state officially declare, as
it would through a pardon of innocence, the flat rejection of the use of racial
hatred in the exercise of criminal prosecution. Ignoring such outrageous
misbehavior, once revealed, would be a fundamental breach of duty.”
In
reaction to the Stroud Files, Barbara Howe, Libertarian candidate for governor,
said in a press release Wednesday, “This September, the files of the prosecutor
in the case, Jay Stroud, were released, providing further insight into the
depth of the misconduct. The notes from jury selection reveal an active pursuit
of jurors with possible KKK ties and attempts to have black jurors removed.”
Howe
continued, “The evidence that has been revealed over the years since the
convictions paints a very gloomy picture of the North Carolina judicial system.
The recanting of witness statements and the prosecutorial misconduct that has
come to light with the release of the Stroud files clearly demonstrate the need
for action [by Perdue]. A pardon of innocence for the Wilmington Ten would show
a renewed commitment by the State of North Carolina to the cause of justice.”
Ms.
Howe added that until those pardons of innocence are granted, the Wilmington Ten
remain convicted felons in the state of North Carolina.
Prof.
Nichol, who has also written a letter of support directly to Gov. Perdue for
the Wilmington Ten Pardons of Innocence, continued, “I am confident that the
prosecutor's rank, grotesque, abuse of authority merits a pardon of innocence.
There are surely no circumstances to seek a 'pardon of forgiveness'. It would
be stunning to say to a group of defendants subjected to such breathtaking
misconduct that we now 'forgive' you.”
“The
only acceptable response from the State of North Carolina,” Prof. Nichol
concluded, “…is to concede that its power was exercised in the Wilmington Ten
prosecutions in a tyrannical rejection of honesty and constitutionalism.”
-30-
CASH IN THE APPLE -
11-1-12
By Cash Michaels
ELECTION
DAY - We hope, if you haven’t voted yet, that you will early vote by this
Saturday, Nov. 3rd. And if you can’t make it then, then your last
chance is Election Day, Nov. 6th. The polls open at 6:30 a.m., and
close at 7:30 p.m. A lot’s at stake here.
ELECTION
NIGHT - I’ve been invited to join my old NBC-17 “At Issue” partner, Donna
Martinez, on 680 WPTF-AM (folks in
Wilmington can listen also at www.WPTF.com)
to do election returns that night. Six years ago, Donna and I did election
night on NBC-17, so we work well together, though I’m certain there will be
other analysts on the show.
Given
how close the presidential race is, I have the funny feeling I better bring my
sleeping bag, because it’s going to be a long night!
SANDY - I hope by now you have
looked at your family, and thanked GOD that all of you are safe, and then said
a special prayer for all of those impacted on the mid-atlantic and east coast
by Superstorm Sandy this week. Over
twenty-nine dead, over eight million without power, and tens of billions of
dollars in damage.
My
hometown, New York City, hasn’t been hit this hard since 9/11. The city’s
subway system was flooded, as were many city streets below 40th
Street in Manhattan b y an unprecedented 13-foot storm surge. Several homes
were ablaze in Queens and Breezy Point, and the front of a four-story building
ripped off by powerful winds.
Oh,
and did I mention that a giant construction crane was blown off a 90-story
building, and at press time, was still dangling from the top of that building
in Manhattan?
But
do you know what part of all of this was the weirdest for me?
The
fact that all of this was happening in the North, when it normally happens here
in the South.
Normally,
it’s my family back in Brooklyn who is calling me when they see reports of
tornadoes or hurricanes reeking havoc here in North Carolina. So it weirded me out this week to be
telling my Aunt Millie, “Make sure you have enough water; protect your windows
against strong winds; prepare yourself for when the power goes out, because it
will go out.”
But
for the grace of GOD…
HEROES
- We conveniently forget the brave men and women of law enforcement, fire
fighting, emergency medical personnel, and yes, news media, who function at
their highest capacity during disasters - natural or otherwise. They all take
life-threatening risks the rest of us would never think of.
And
let’s face it - in tomes of real trouble, there’s no one else to turn to.
So
we owe all of our public safety personnel and news media, who function at the
highest standard in times of extreme need, the biggest thanks. Always being
there when we need you is something that should be deeply appreciated by all of
us.
OUT
IN THE WIND - I’ve been involved in a raging debate online about how far
television news should go to bring us the story when natural disasters strike.
Some folks see no reason to have some reporter standing in 60 mph winds and
rain, telling us what’s going on where they are.
The
argument is, we can see and hear what’s going on, so why do we need someone out
there risking their lives to tell us?
Simple,
because if they didn’t, they wouldn’t be doing their jobs.
A
real reporter just doesn’t tell me what I can see and hear, but what I can’t,
and is important for me to know. Don’t get me wrong, this can be abused, and
many viewers, and even other reporters say that it has. They feel that when a
reporter puts him or herself in danger unnecessarily, all they’re doing is
hyping the story.
I
don’t disagree that, at times, that happens, primarily because of TV
competition for ratings. But by and large, most journalists I know want to go
back home to their families after the hurricane is over.
They
are all very competitive. They want their coverage to be the best. They know
that exciting pictures, along with the good information, makes for the best
news coverage. Their job is to get exactly that.
Of
course risks must always be measured, and common sense always employed.
But
ultimately, when you get into the business, you signed up to always do you
best. Period!
Now
if you have a problem with that, then simply turn someplace else.
But
I admire the journalists who have real ink in their veins, and do whatever it takes
to get the story, and get it right. Because when you do that, only then are you
really doing your job!
MICKEY
TO BUY DARTH VADER - Great news this week that Disney studios has agreed to
purchase Lucasfilm Ltd. and the Star Wars and Indiana Jones franchises for
$4.05 billion. Even greater news that Disney is committed to make more Star
Wars movies every two or three years, starting in 2015. The last one, “Revenge of the Stith,”
was made in 2005, and was supposed to be the last ever by producer George
Lucas. Lucas will become a creative consultant under Disney’s helm.
Disney
isn’t kidding, is it? It purchased Marvel Studios, which makes “Iron Man” and
“The Avengers,” and Disney also owns Pixar Studios, maker of “Toy Story.”
So
expect to see more movies, and perhaps more Star Wars special programming on
Disney’s cable channels.
QUEEN
LATIFAH SHOW - Look for actress/rapper Queen Latifah’s new syndicated talk show
next fall. It’s executive produced by Latifah, Will Smith and Will’s wife, Jada
Pinkett Smith. Go to the show’s website to learn more at http://www.queenlatifah.com/. It even
has a countdown clock until the show begins.
Make sure you tune in
every Thursday afternoon at 4 p.m. for my talk radio show, ''Make It Happen''
on Power 750 WAUG-AM, or online at www.myWAUG.com. And read more about my thoughts and opinions
exclusively at my new blog, ‘The Cash Roc” (http://thecashroc.blogspot.com/2011/01/cash-roc-begins.html). I promise it will be interesting.
Cash in the Apple -
honored as the Best Column Writing of 2006 by the National Newspaper Publishers
Association. Columnist Cash Michaels was also honored by the NNPA for Best
Feature Story Journalist of 2009, and was the recipient of the Raleigh-Apex
NAACP’s President’s Award for Media Excellence in Sept. 2011.
Until next week, keep
a smile on your face, GOD in your heart, and The Carolinian in your life. Bye,
bye.
-30-
STATE NEWS BRIEFS
BAD BEHAVIOR AT THE POLLS STATEWIDE, SAYS ELECTIONS CHIEF
[GREENSBORO] Over 1.2 million people across North
Carolina have taken advantage of One Stop Early Voting, election officials say.
But with the high numbers have also come schemes and bad behavior at the polls.
In a letter to county elections supervisors across the state, Gary Bartlett,
executive director of the NC Board of Elections, wrote, “"I have heard
more complaints, more misinformation and more what I call intimidation or suppression
than any time during my tenure.” Bartlett was referring to reports of people
electioneering inside the mandated 50-foot buffer zone, or literally just
changing it. Partisan supporters are cussing each other, and one person was
physically injured at a Wake County polling place. He also noted several
attempts to mislead or intimidate voters. “It seems like civility is not on the
forefront for some of these folks," Bartlett said. "We need to make
sure they do not do anything to the voter or the precinct official.”
NC NAACP BLASTS FRANKLIN GRAHAM FOR MORMON FLIP-FLOP
[CHARLOTTE]
Saying that Franklin Graham has been “seduced by the sirens of money and
power,” NCNAACP Pres. Rev. William Barber, joined by a group of black
ministers, blasted the conservative evangelist for his stated support of
Republican presidential candidate Mitt Romney. Rev. Barber was particularly
critical of the removal of Mormonism from a list of cults by Graham’s
organization. Romney is a Mormon. Rev. Dr. Gregory Moss, one of the black
ministers with Rev. Barber, said the issue was Romney’s faith, but that Graham
was being hypocritical. “To change your mind for political expediency lend you
hypocritical and morally bankrupt,” Rev. Moss said.
NC ALPHAMEN PRESENT MISS BLACK
AND GOLD PAGEANT NOV. 3RD
The
Association of North Carolina Alphamen will hold its annual Miss Black and Gold
Pageant Saturday, Nov. 3rd at the Embassy Suites Hotel in
Winston-Salem. Ten beautiful and talented women representing Alpha Phi Alpha
Chapters from HBCU’s across the state will compete for the title of Miss Black
and Gold 2012. The winner will
represent the association at the 2013 Southern Regional Pageant in Mobile
Alabama. The public is invited to attend.
-30-
TRIANGLE NEWS BRIEFS
“COATS CAUSE WE CARE” DRIVE
NOV. 10TH
Coats
Cause We Care” is a community service event where individuals, along with
private and public sector organizations, provide new or gently used/clean coats
for children in the Raleigh area. The goal is to collect 500 coats. Citizens
can drop off children’s coats at any City of Raleigh community center, or the
Raleigh Police Substation at 1601-30 Crosslink Road now through November 10th.
The coats will be distributed on Nov. 10th at the Sgt. Courtney T.
Johnson Community Center; 1801 Proctor Street; Raleigh, NC 27610 from 11 .m. to
2 p.m. For more information, contact Grady Bussey, director at the Sgt. Johnson
Center at 919-831-6719.
“SUPERSTORM” SANDY BRUSHES
TRIANGLE, AND NC
The
historic storm that killed over 50 people in New York, New Jersey and other
northeastern states, and caused billions in flooding, power outages and high
wind destruction earlier this week, was kind to North Carolina in comparison.
The North Carolina coast experienced heavy rain and strong winds. The Outer
Banks experienced some flooding and high winds. In Western NC, four to eight
inches of snow fell in the mountains. In areas like the Triangle, cold
temperatures, wind and rain dominated Sunday through Tuesday.
REJECTED PASSENGER ACCIDENTALLY BY BUS
A homeless man who was not allowed to
board a Raleigh CAT bus last Friday evening on New Bern Avenue, was
accidentally killed when he reportedly fell while getting off, and the bus
rolled over him. Raleigh police identify the victim as Wade Junior McCray, 65.
Police say McCray apparently fell against the bus after he got off. The driver
didn’t see him fall before pulling off. No charges have been filed. McCray was
not allowed to board the bus because the driver determined he may have been
drinking.
-30-
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