The Racial Justice Act is only two years old and it may be in its final days. The state Senate “rewrote” the law this week and it is now in the hands of Governor Bev Perdue who has released no indication of whether or not she will sign it. Perdue signed the act into law in 2009, but then so did the Senate.

The law sought to ensure there was no racial bias in determining who would be sentenced to death in the state. It allows for appeals of a death sentence when there was racial bias present, this after research showed a murderer was far more likely to get the death penalty if the victim was white.

Since its passage, 154 out of 157 death row inmates in the state have sought hearings under the new law. While no one can realistically believe all 154 of these cases were based in racial bias, it would seem an injustice to allow even one biased sentence to be carried out.

The details on the rewrite aren’t clear and it seems that some are downplaying the changes. “This is not a repeal of the Racial Justice Act,” says Senator Thom Goolsby (R-Wilmington).  “It’s a reform, a modification.”

Senator Josh Stein (D-Raleigh), on the other hand, says, “This is an utter and total repeal.”

Opponents of the law believe that it does nothing to ensure fair application of the death sentence and is instead a backdoor attempt at an eventual repeal of the death penalty. Goolsby said the act had “very little to do with race or justice.” Calling it instead a “Trojan horse” used by people opposed to the death penalty.

Before the Senate voted on the changes, they heard from victims’ families, prosecutors, and people who had been wrongly accused of crimes. One man, an African American, spoke about being one of 7 death row inmates exonerated in North Carolina. “I was one vote away from the death penalty,” he said. “I had 11 whites and one black on my jury. If you think that race did not play a factor in my case, then you’re not living here in North Carolina.”

Because research has shown racial disparities in the administration of the death penalty, it seems only just that there be safeguards in place to ensure people aren’t treated unfairly because of their race, even when they are convicted of murder. On the other hand, it’s understandable that there may have been some loopholes in the original legislation if nearly all inmates on death row are filing for hearings.

It seems as if we won’t know the true scope of the changes until they are signed into law. If Perdue passes on the changes, the first case under the Racial Justice Act will be heard in January in Cumberland County.

Fair treatment in the criminal courts is a serious matter. It is the job of your defense attorney to do everything possible to ensure your rights are protected throughout the process. If you are accused of a criminal offense, contact our offices today to discuss your case.

Charlotte will play host to the Democratic National Convention next year. And with the promise of thousands of extra people in the city, the police are getting a refresher course on crowd control and the use of pepper spray.

According to the Charlotte Observer, Charlotte police policy is that pepper spray (also known as OC or oleoresin capsicum), should only be used when there is an “imminent threat” to the safety of the officer or another. In other words, it can’t be used solely to control an otherwise nonviolent crowd.

The issue of pepper spray policy is particularly worthy of interest given the controversial use of it in the Occupy movement across the country. The photo of a University of California, Davis police officer showering a group of seated and definitely not-resisting protestors with the spray has been cemented into history—with many alternate (and humorous) versions making the rounds too.

Police in New York, Oakland, Seattle, and Denver have all been criticized of their use of pepper spray on protestors, but none so much as the UC-Davis officer, who is now on leave during an investigation.

Charlotte Police Captain Jeff Estes says that the city’s policy would prohibit similar action here, even if protestors refused to disperse in a nonviolent manner. “Their refusal would have to include ‘violence or riotous behavior.”

More than likely, the Democratic National Convention will result in some arrests, as they are notorious for drawing crowds of protestors who feel very strongly about their causes. But because the DNC will also draw a crowd of about 15,000 members of the media, the local police will want to be sure that they act with professionalism and the law on their side or risk worldwide attention for any questionable arrests and treatment.

In 2008, pepper spray was used both at the DNC in Denver and the GOP convention in St. Paul. St. Paul saw 283 people arrested after the police used projectiles, pepper spray, and tear gas to disperse a crowd.

The police have a difficult task to keep the peace and enforce criminal law violations without infringing on the constitutional rights of the people. As Americans, we have the right to peacefully assemble and the DNC and GOP gatherings provide a perfect venue. But with this right to protest comes the risk of arrest when things go awry.

In North Carolina, if you are asked to disperse by a police officer and you fail to do so, you can be arrested and charged with a Class 2 misdemeanor. If you are facing charges of failure to disperse or even disorderly conduct, contact us today to discuss the details of your case and how we might be able to help.

The town of Coats, NC is facing another lawsuit concerning police misconduct. The last was settled out of court in 2006. This one concerns three plaintiffs who allege police wrongdoing over a period of 6 years. Among the allegations are police brutality, false arrests, and harassment.

Among the officers named in the suit is Kelly W. Fields, one who reportedly had a reputation for being particularly harsh. According to the Fayetteville Observer the suit states that Fields “’had a reputation for being a brutal police officer among many blacks in Harnett County,’ and that black residents ‘expected to get a beat-down if they were stopped by Fields at night.’”

There are three plaintiffs, Derek Ballentine, David Carlton Strickland, and his mother Connie Williams Strickland. The Stricklands are both white and Ballentine is black. Many would think in this day in age race wouldn’t matter, but in the rural south it often still does.

Ballentine claims in 2004 he was approached in a convenience store by Officer Fields. Fields asked if he could search Ballentine, to which Ballentine consented. During the patdown, Fields reached in Ballentine’s pocket and squeezed his genitals hard. This caused Ballentine to jump away and allegedly gave Fields cause to arrest him for resisting an officer. The charges were later dropped.

Again in 2009, Ballentine had a negative run-in with Fields, when he was pulled over while driving. Ballentine was allegedly cuffed and sprayed with pepper spray five times, with the majority of these sprays occurring while Ballentine was reportedly on the ground with his hands cuffed behind his back. On this date, Fields is also accused of beating Ballentine’s head into the ground and kicking him as he lay prone.

As for the Stricklands’ part of the suit, it alleges both false arrests and police brutality after the mother and son both had Tasers used on them.

Small police agencies present unique problems not seen in the cities. There seems to be less accountability in part because there is less of a public outcry. Smaller towns seem more likely to tolerate rogue officers simply because that’s the way it’s always been—a necessary evil.

This civil suit could bring some relief to the small town of Coats, though it’s questionable since many of the alleged incidents took place after the 2006 suit.

When you are accused of a criminal offense, no matter where you are, it helps to know someone is on your side. The police and the prosecutor definitely won’t be. And while you might not be a victim of police brutality, the conduct of the police during your arrest and search are crucial in determining the outcome of your case.

This week the city of Charlotte voted to spend nearly $2 million on 1,600 new Tasers for the police officers of the city. These Tasers are reported to have a safety mechanism built in that the police chief has said is “critical” in preventing any more deaths at the hands of officers.

The new Tasers will cost $1.83 million. Most of this money will come from the city’s general fund, though $400,000 will come from an “asset forfeiture” account.

According to the Taser International of Arizona, this newest model, the Taser X2, is safer because there is a 5 second limit on each trigger pull. They also have an audible warning system that alerts suspects they are about to be tased. This alone, they say, prevents the use of the actual shock in some cases.

The whole drive to purchasing new Tasers comes after the latest suspect was killed this summer. Lareko Williams was pronounced dead about an hour after an officer fired his Taser as Williams was in the process of assaulting a woman.

In 2008, another Charlotte resident was killed by a police officer’s Taser. This one was 17-year old Darryl Wayne Turner. In this particular case, the officer held the trigger down for 37 seconds as his Taser delivered the fatal shocks. Only when Turner fell to the ground did the officer take his hand off the trigger.

While the new Tasers will only send 5 second shocks, the officer can immediately pull the trigger again to initiate a new 5 second round. There is no limit to how many times the trigger can be pulled in a row.

Charlotte isn’t the only city dealing with Taser deaths. Fayetteville recently suspended their Taser use when a suspect was killed with the device. Other cities across the country are dealing with similar issues.

Taser International defends the devices and says they are completely safe

After Turner’s death in 2008, a federal jury awarded $10 million to his family from Taser International. The city of Charlotte denied any wrongdoing but paid the family $625,000. Taser International is appealing the ruling.

Supporters of Taser use say it gives law enforcement another tool to use, between physical engagement and deadly force. But it’s often used in place of physical engagement and it’s proving to be more dangerous.

Whether you were arrested and the police used a Taser or if you just have questions about the case and how it will be handled in court, contact us for help.

The position of the Durham County District Attorney is not one that’s new to the spotlight. After the Duke Lacrosse case involving former D.A. Mike Nifong, the office gained national notoriety. Now, the local News & Observer is bringing actions of the new D.A. to light. According to them, District Attorney Tracey Cline may be more concerned with winning than with doing what’s right.

The News & Observer has a three part series on the office of the Durham District Attorney. Part 1 begins by looking at the case of Frankie Washington.

Washington was arrested one night in Durham as he walked home from getting high with his girlfriend. He was immediately implicated in a home invasion that had happened in the area, something he says he played absolutely no role in.

A man described as being 6 feet tall, black, in a blue shirt, hat, and with a possible receding hair line, broke into a home in West Durham on that night in 2002. While he was there, he took the wife into another room, began to assault her, took her money, and fled. Washington, 42 years old and measuring 5’6” would be charged with burglary, kidnapping, assault, robbery, and attempted sexual assault.

At trial, which didn’t happen until February 2007, Cline was put on the stand and questioned about the physical evidence, including DNA on a hat found near the crime scene and fingerprints on the victim’s purse. Cline repeatedly said it took more than 3 years to get the test results back because the crime lab was behind. In fact, the evidence wasn’t submitted to the lab until August 2005.

Despite the DNA and fingerprints not matching Washington, he was convicted, assumingly because the victim identified him. (Mistaken eyewitness identification plays a role in most cases of wrongful convictions in the United States.)

An appeals court would later overturn the conviction based on Washington’s absence of a speedy trial,  with the statement, “Assistant District Attorney Cline testified that it can take ‘years’ for the SBI to fully test an item. This assertion, however, is simply unsupported by the evidence of record.”

Interestingly, there is a man who spent time in the North Carolina Department of Corrections after having been found guilty of raping two Duke University students in the 1980s, Lawrence Hawes. He was released in 2001, right before a string of home invasions and sexual assaults occurred in the West Durham area. These break-ins, robberies, and sexual assaults continued while Washington was incarcerated.  When Hawes was arrested again in late 2002 the police found bandanas and caps like those used in the Washington invasion case.

Though a judge denied an official motion to have the fingerprints and DNA in the Washington case tested against Hawes, he did direct Cline to have them tested. That testing has still never happened. In the appeals court case file of Frankie Washington is a photo of Lawrence Hawes.

Though Cline says everyone makes mistakes, the carriage of justice depends on a prosecutor whose attention to detail and adherence to constitutional law minimizes these mistakes.

When you are accused of a crime, you want to know that you will be treated fairly within the courts. A criminal defense attorney is there to be your advocate and to ensure you get the best results possible.

A 56 year old Fayetteville man was killed when police used a Taser to subdue him prior to arrest. As a result, Police Chief Tom Bergamine announced this week that all police officers were to turn in their Tasers. All of the weapons will be examined to ensure they are working properly.

Fayetteville isn’t the first department in the state to take their Tasers off the streets. Charlotte-Mecklenburg Department did the same in July after a similar death, this one involving a 21 year old man. In another Charlotte case a 17 year old was killed in 2008 after police fired a Taser at him. The city later settled a claim with the teen’s family for $625,000.

Taser International is the maker of these weapons, most often used by police when deadly force is not warranted by physical force is. Across the country in recent years we’ve seen many people die soon after a Taser incident, though Taser International says the devices are safe.

A spokesperson for the company says “The vast numbers of these cases (deaths) tend to be caused by a drug overdose or delirium or some are simply unexplained.”

In Fayetteville, Michael Wade Evans was reportedly acting erratically in a public parking lot last week. He was said to have been trying to jump on vehicles as they passed. When the police couldn’t get control of him to make an arrest, they fired the Taser at him. He stopped breathing and was pronounced dead at Cape Fear Valley Medical Center.

“I feel it was the responsible and prudent response to issues with the use of Tasers in the law enforcement profession in general,” said Police Chief Tom Bergamine. He went on to say that he has no reason to believe an equipment malfunction was the cause of Evans’ death.

Cumberland County Commissioner Charles Evans is one of few officials that believe the Tasers should have been pulled long ago. “Actually, I don’t think Tasers should be used at all,” he told the Fayetteville Observer.

Tasers are controversial weapons, to say the least. Critics say they are far too dangerous to be considered “non-lethal” and question if the devices make it more convenient for police to use force, potentially increasing use-of-force incidents when they are unnecessary.

Taser International maintains that there products are not lethal and completely safe, though potentially painful, when used correctly.

Though used more often than firearms, Tasers are still infrequently used by North Carolina law enforcement. Instead, most arrests occur without incident and without a use of force.