Archive for the 'Judiciary - Criminal Justice' Category

Mar 11 2010

The Good ‘Ole Boy South Lives on in N.C.

The North Carolina we all fell in love with on The Andy Griffith Show lives on in Person and Caswell Counties.

The former district attorney for Person and Caswell counties stopped drivers by flashing a gold badge and tried to use dismissed cases to win re-election, according to a search warrant filed Tuesday.

The State Bureau of Investigation has been investigating Joel Brewer since last fall, officials said, but the reason for the probe hadn’t previously been disclosed. Brewer, who retired last month, has said he is cooperating fully with the investigation.

SBI agents searched Brewer’s office at the Person County Courthouse two weeks ago, seizing two folders containing pink copies of citations, notes, phone messages and letters, according to the search warrant. One file was for male defendants, and the other was for female defendants, the warrant states.

Two people told investigators that Brewer would keep the pink copies in his office after dismissing charges and would call the defendants up during a campaign to remind them of the cases. He wanted the defendants to vote for him and to work at the polls for him on Election Day, the people told investigators.

WRAL.com

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Mar 04 2010

Enquirer: Grand Jury Will Indict John Edwards

The National Enquirer, the publication that broke the John Edwards / Rielle Hunter affair, is claiming today that a grand jury may indict the disgraced presidential candidate and former North Carolina Senator.  According to the source, Edwards has been under investigation for the misuse of campaign funds related to paying his mistress.

Edwards may get to live in two Americas after all.  The one he is in today and the one that exists behind bars.

One response so far

Feb 19 2010

Mercelessly Flogging a Deceased Equine

I know I’ve said this a few times, but I’m against the death penalty. And some news out of Durham this past week is exhibit A through Z about why I oppose it.

For his first full day of freedom in more than 16 years, Greg Taylor woke up and hit the gym for the same upper-body workout he did every Thursday in his cell. Then he shook off the one thing he believes publicly branded him as a former prisoner: his eyewear.

After breakfast and a shower, he went to an eyeglass store in Durham to replace the thick, tortoise-shell frames given to prisoners with a pair of oval-shaped, chocolate-colored wire frames that more suit his long, narrow face.

It wasn’t just that the glasses were unfashionable, he said. It’s what they said about him and his conviction in the beating death of a prostitute in Raleigh in 1991. Three judges decided Wednesday he was innocent of that crime and released him from his life sentence.

The News-Record

Sure beats standing over an innocent man’s grave and saying, “Oops!”, don’t it?

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Feb 08 2010

Who Gave the King Police Chief Martial Law Authority?

Authorities lifted curfew and alcohol restrictions in King on Sunday, but said a state of emergency declaration remained in effect until Monday.

Authorities said the state of emergency declaration would continue until Monday 9 a.m., barring any unforeseen circumstances or severe changes.

Effective Sunday afternoon, alcohol restrictions and a curfew were lifted. All other remaining restrictions would continue until Monday, said Paula May, King police chief.

Other restrictions included a ban on the sale or purchase of any type of firearm, ammunition, explosive or any possession of such items off a person’s own premises.

WXII

Oh really?  I’d like to see “Chief Eichmann” hold her little martial law display up in a court of law.  The Chief of Police of King, North Carolina has no right to violate the Constitutional rights of the residents of that community just because a damn storm passed through, or really any reason for that matter.  Her actions were nothing less than tyrannical and AG Roy Cooper needs to do an investigation into this.

Update: It sounds like these orders may have originated from higher up.

7 responses so far

Feb 05 2010

The Edwards Sex Tape

So by now everyone knows about the John Edwards sex tape with Rielle Hunter that is in the possession of Andrew Young, author of “The Politician.”  At this point Young has refused to return the tape despite the fact that everyone now knows about it and his book is set to come out this month.  I am trying to figure out what this guy’s motivation is to want to keep the sex tape.  What purpose does it serve at this point to actually hire lawyers to defend him from having to return it?  What could he possibly even need it for and are we sure we even want to know?

One response so far

Jan 26 2010

It’s Past Time Lindemann Resign

York County Councilman Paul Lindemann (R) just can’t stay out of the news.  He’s now a party of yet a third lawsuit that is brewing by a former employee of his now defunct investment company.  After all this time, the York County Republican Party is finally unofficially officially asking Lindemann to resign.  Took long enough.  Between this new lawsuit, this other lawsuit, and the recently finished lawsuit, among his rap list of other improprieties, he shouldn’t even need to be asked to step down, but I suppose expecting Lindemann to take responsibility and do the right thing would require a bit of integrity.  I doubt there is an ounce of that drifting anywhere within the depths of his ego.

Lindemann is not alone in the current suit.  His cohort Greg Rogers has also been named.  We wrote about Rogers last year, opposing his run for the State House when he entered the race to replace Carl Gullick in House District 48.  He eventually withdrew his candidacy once current State Rep Ralph Norman decided to enter the race, however Rogers has not completely exited the political realm.  He is an appointed member of the York County Economic Development Board.

The county GOP’s request for Lindemann to step down were unsurprisingly rebuffed.

Lindemann blames the economy for being unable to pay back investors on the Tega Cay property. He also said that he is now considering either running for reelection to the York County Council or for the S.C. House District 45 seat in November.

He will not resign from his current office, he added.

“You can tell the Republican party that the press I’ve gotten in the last few weeks have more than bolstered my decision to run again,” Lindemann said. “I’ve had more e-mails, more phone calls, and more pledges for money towards my next election, and I’m not going to listen to any party anywhere that is going to call for my resignation on the basis of the economy.”

The Herald

In usual form, Paul blames everyone but himself.

Whether or not he eventually succumbs to the pressure remains to be seen, but one thing is for sure.  There is already one Richard Daly in this country and Chicago can keep him.  Perhaps his York County protege should relocate.

6 responses so far

Jan 23 2010

Susan Smith Wants a New Trial

susan-smith

Susan Smith wants a new trial because she said her rights were violated.  I want to know why Susan Smith isn’t pushing up daisies somewhere already?  Don’t remember Susan Smith?  Oh, I bet you do.  She was the crazy bitch 15 years ago who locked her two children in her car then drowned them by rolling it into the lake.  And she says her rights were violated.  Only in America.

If there was any true justice in this country, Susan Smith would be strapped into a car herself and rolled into the nearest lake where she could rot for all eternity.

2 responses so far

Jan 21 2010

Easley ‘go to guy’ Ruffin Poole indicted on 51 counts of corruption

Wow, I think the title says it all. This is being reported in the News and Observer today. Nothing I can say changed anything. I wonder if he will cut a deal or how many charges he could get convicted on?

The 64-page indictment alleges that Poole, 37, of Raleigh, extorted money from key Easley supporters and took corresponding action on environmental permits. It charges him with bribery, use of the mail in aid of racketeering, and says his actions deprived North Carolina citizens of his “honest services.”

I wonder if he would rather clean out the bunkers or just cut the greens?

One response so far

Jan 17 2010

Lindemann Getting Sued…….. Again

A local Rock Hill woman is the next person in a long line of disgruntled associates of Mr. Lindemann to file a lawsuit against him.  According to Ms Diane O’Brien, York County Councilman and State House 45 candidate Paul Lindemann (R-Fort Mill) has swindled her out of $10,000 she gave him towards an investment for a home in Tega Cay.  The home has ended up on the Sheriff’s sales docket for unpaid property taxes in excess of $17,000.

The pages of Councilman Lindemann’s life are almost like a Cracker Jacks box.  Every time you open a new one you find a cheap surprise inside.  Of course, when you really think about it, Lindermann would fit right in with the culture of Columbia.  He’s already gotten the crooked and corrupt part of politics down pat.

No responses yet

Jan 11 2010

Jury Rules Lindemann Stiffed Contractor

A six panel jury ruled today in favor of a one Mr. John Long who had the unfortunate chance of becoming another in a long line of victims burned by York County Councilman Paul Lindemann (R-Fort Mill) .  Long performed more than $2600 worth of work on Lindemann’s Tega Cay home two years ago and never received payment for his services.  Unfortunately, the decision doesn’t force Lindemann to pay.  According to The Herald, it’s a judgment against him and will go on his credit report for the next ten years should he not pay Mr. Long what he is due.  Don’t you love how the justice system protects the frauds and the criminals?

So the big question is will Councilman Lindemann have the testicular fortitude to man up and pay Mr. Long for his labor?  I’m sure swindling the little guy will make a great addition to Lindemann’s “accomplishments” throughout his political career as he is campaigning for the State House.

One response so far

Jan 10 2010

Judge Threatens to Jail County Commission

A judge who ordered Yadkin County commissioners to appear in court Friday to explain why the county hasn’t built a new jail canceled the hearing Tuesday, a day after the commissioners agreed to move forward with plans to build the jail.

The resolution, approved 3-1 on Monday, said the county plans to contract with a Charlotte firm to build the jail “without delay on the board’s part.”

Superior Court Judge John Craig III declined to comment to Carolina Journal. He had told county commissioners in November that he could fine them, remove them from office, or jail them until they agreed “to properly carry out the duties of their office and get the jail project underway without further delay” on a site about four miles from the county courthouse.

The Carolina Journal

What the hell is it with these N.C. judges? Last year, a judge in Wake County ordered a mother to stop home-schooling her children and undergo a psychiatric evaluation because he thought her church was weird.

Now we have a man who thinks his gavel is a crown and his bench is a throne. How else could he threaten the duly-elected legislature of a county with jail time if they don’t so what he says?

But Celtic, you say, that jail neeeeeded to be built. He was only making the commission do what it had to do.

Bullshit. It sounded like that jail needed to be built. But a judge cannot threaten a sitting elected body with deprivement of liberty in order to get his way. What if, instead of  a jail, he decided that taxes needed to be raised and threatened the commission with jail unless they complied? Would that be OK?

Voters elect the county commission to make these decisions- NOT judges. A judge bullying and threatening an elected body to get his way is a threat to freedom and to the republic.

Yadkin County resident Larry Long said he has filed a complaint with the state Judicial Standards Commission about Craig. The commission wouldn’t confirm that a complaint had been filed.

“He does not have this authority the way I look at it,” Long said. “If he has this authority, every county in this state is in trouble. I think he stepped way out of line with what he can do.”

Bob Orr, the executive director of the North Carolina Institute for Constitutional Law, said such actions by a judge usually would be prompted by a lawsuit filed by someone challenging the conditions of a jail.

“It’s pretty unusual where the judge unilaterally starts driving the commission,” said Orr, who is also a former state Supreme Court justice. “[This] may be OK, but I don’t know.”

Mr. Long is right. If what this mini-tyrant of a judge did is OK, we are all in trouble.

No responses yet

Jan 04 2010

North Charleston Man Dies Ten Years After Beating

Troy Knapp’s killing was 10 years in the making, a gradual death by inches and degrees.

His brutal beating at the hands of an angry mob sparked outrage and spurred marches a decade ago. But long after the headlines faded, Knapp soldiered on in a battered and broken body that no longer responded to his commands.

Bedridden, in chronic pain and saddled with seizures, Knapp hung on until Nov. 6, when his body finally gave out for good. At age 43, he became North Charleston’s 11th homicide of 2009, the victim of a slow-motion killing too old to carry the possibility of a murder charge.

Knapp died as a result of severe injuries he suffered in his October 1999 beating,

Charleston County Coroner Rae Wooten said. But there is nothing more police can do. South Carolina law won’t allow a murder prosecution in a case where the victim lives more than three years after his injuries were inflicted.

Six men were convicted of lynching in the attack on Knapp. Just two remain in prison, though they are expected to be released within the year.

The Post and Courier

This is another unfortunate example of how weak and useless our justice system is in this country.  Why do we have so much violent crime here in the U.S. compared to other nations?  In my opinion, it’s quite simple.  Our laws protect the criminals more than the victims.

Only two of this man’s attackers still remain in prison over this incident and they are supposed to be released within a year.  They will go on with their lives after crippling this man for ten years before he eventually died.  If there was real justice in this country all of this man’s attackers would get a needle in the arm and be executed.  These animals have demonstrated that they have no respect for human life and therefore they cannot be trusted to function in society.  Like a malignant tumor they need to be excised and at the very least spend life in prison, but that won’t happen because we’re a nation of wimps.  I guarantee more than one of them will end up back in jail at some point.  We need more vigilante justice in this country if the proper authorities refuse to dispense it themselves.

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Jan 01 2010

Nebraska Senator Tells McMaster to Call Off the Dogs

If you have followed the saga of the Patient Protection and Affordable Care Act, the Democrats’ health care disaster being rammed through the Congress, you probably heard that the bill’s passage through the U.S. Senate was finally secured through a bribe to Nebraska Senator Ben Nelson (D) promising his state free Medicaid funds in exchange for his vote. This is not a privilege that any other state will be the lucky recipient of.  Like many other parts of this legislation that fail to live up to constitutional muster, this specific provision has not set well with several state attorneys general around the country, including our own Henry McMaster here in South Carolina.

McMaster is the ring leader of a group of 13 attorneys general who have threatened a legal challenge to the Nebraska deal citing that it violates equal protection as laid out in the U.S. Constitution.  McMaster and the others sent a letter this past Wednesday to Senate Majority Leader Harry Reid (D-NV) and U.S. House Speaker Nancy Pelosi (D-CA) demanding that they remove the promised Medicaid funds from the legislation that will be funneled to Nebraska at the expense of the other 49 states or face a legal battle in the Supreme Court.  This has sent Senator Nelson, who has already plummeted 31 points in the polls after making this deal, into a bit of a panic.

Sen. Ben Nelson (D-Neb.) reached out Thursday evening to South Carolina GOP Attorney General Henry McMaster, the leader of a group of 13 Republican state attorneys general who are threatening to file suit against the Senate health care bill, and urged him to forgo any legal action, POLITICO has learned.

According to a copy of a memo sent by McMaster’s chief of staff to other GOP state attorneys general detailing the call, Nelson asked McMaster to “call off the dogs,” a reference to recent threats by the state AGs to file a lawsuit challenging the constitutionality of a Medicaid provision in the bill that benefits Nebraska at the expense of other states.

Under the terms of a deal Nelson cut with Senate leaders to secure his crucial vote for the health care package, Nebraska would be exempted from having to pay for the coverage of its new Medicaid enrollees—leaving the federal government to pick up the tab. The deal is expected to cost the federal government $100 million over the next 10 years.

Read more: Politico

If this bill eventually gets reconciled between the House and Senate and is signed by President Obama, which I have little doubt it won’t, this will be the first of many other legal challenges this bill is going to face.  This health care bill is the most corrupt and intrusive power grab by the Federal government that in my opinion has ever been attempted in my lifetime.  I am happy to see that my state’s elected representatives are on the front line of the fight to stop this abomination of our freedom from taking place.

No responses yet

Dec 24 2009

Tompkins a Superb Choice for U.S. Attorney

Even a broken clock gets it right twice a day.  President Obama has made a superb choice in his nomination of Charlotte prosecutor Anne Tompkins (D).  Tompkins has a long record of being tough on crime, something you don’t see from a lot of prosecutors and district attorneys whether in Mecklenburg County or throughout the state of North Carolina.

Tompkins’ credentials are impeccable, having worked as part of the tribunal in Baghdad that prosecuted Saddam Hussein and successfully winning a death sentence for serial killer Henry Louis Wallace.  Ironically, Tompkins worked under the weak and incompetent Mecklenburg DA Peter Gilchrist and appears to be the night to his day, which gives her an A+ in my book.

Hopefully, she will continue the same judicial philosophy in her capacity as U.S. Attorney for the western North Carolina.

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Dec 21 2009

Maybe Mike Easley WILL get back to the Governor’s Mansion someday!

Gov. Bev Perdue is taking flak over an annual holiday party for the inmates who work at the Executive Mansion.

WTVD-TV first reported that Perdue appeared at a holiday party at the mansion in which a group of 18-20 inmates, some convicted of murder, were in attendance.

“The trustees who work with the mansion are heavily supervised. They go through a rigorous selection process before they even get there,” Pearson said. “Their presence at the mansion is a part of their rehab. They are learning important skills.”

The N&O

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Dec 14 2009

Bloomberg Features DeMint’s Back to Basics Plans

Senator Jim DeMint has taken the lead in the Senate over the past couple of years to promote responsible government spending and sound the warning siren on the waste and excess in the Federal government that is slowly bankrupting our nation.  It is for that reason that I am supporting his reelection next year to the U.S.  Senate.  There are only a handful of representatives in Congress that are taking up this cause and we need to hang on to each and every one of them.

Bloomberg has a featured article on DeMint today that goes over his plan on actions he thinks the government should take in order to save our nation.  Here is a piece of that:

Against Bailouts

Thus, he believes that the bailouts of New York-based American International Group Inc. and probably Citigroup Inc. were a mistake, and that former Treasury Secretary Henry Paulson’s plan to purchase toxic assets was a fraud.

He doesn’t spare Federal Reserve Chairman Ben S. Bernanke. “If you look at his mission, which is to protect the value of the dollar and to protect employment, the grades aren’t good,” DeMint says. He plans to vote against extending the Fed chief’s term for another four years.

Fiscally, he wants to balance the budget and cut taxes, while acknowledging that defense spending will have to increase. “You’ve got the Air Force flying around in 50-year-old airplanes right now,” he says, “and we don’t have anything scheduled to replace the antiquated things.”

Flat Tax

On taxes, DeMint advocates a flat rate of 10 percent on the first $100,000 of income for a couple, and 25 percent on income above that. He would eliminate all taxes on interest income, capital gains, dividends and estates and end the alternative minimum tax.

For businesses, DeMint would kill the corporate income tax and substitute an across-the-board 8.5 percent consumption tax.

He would balance the federal budget in 10 years and then constitutionally require it to stay balanced.

This would call for draconian changes in the big entitlements.

DeMint would allow those currently 55 and older to receive Medicare benefits at 65. The program would be discontinued for younger Americans, who would get a $9,500 yearly stipend when they turn 65 to pay for private health insurance. The federal- state Medicaid program, which covers health-care costs for poor people, is “financially unsustainable,” he says.

‘Socialist Solutions’

DeMint considers Social Security a “socialistic” measure and blasts the American Association of Retired Persons for promulgating “socialist solutions.”

“What’s the harm of your grandma getting a Social Security check every month from the government?” he asks in his book. “It seems harmless enough, but that check changes the relationship between your grandma and the government.”

In the interview, he talks of reviving President George W. Bush’s failed plan to partially privatize Social Security by having workers put a small percentage of the current levy in a personal savings account.

Now this is an agenda I could get behind wholeheartedly.  Medicare and Social Security expenditures are consuming more and more of our Federal budget each year.  Today they eat up 44% of it.  By 2050, they are projected to account for 18.6% of GDP.  Federal revenues as of 2007 were 18.8% of GDP.  As you can see, that path will be completely unsustainable.  We’ll have to kill the programs or gut them to a fraction of what they provide today, cheating the people (which will include me) who will have paid into it our entire lives or raise taxes so astronomically that we will wipe out the middle class and create an elite aristocracy of the few that have money while the rest of us are serfs on the manor.

I think his Medicare idea has a lot of merit.  I also agree with the main principles behind the Bush Social Security plan, however, the main flaw with that is that it would have created a trillion dollar budget deficit off the bat and that is not acceptable so something would need to be done to address that issue.  As for his tax plan, I would prefer a national consumption tax to replace the income tax, but a two-tier income tax, much like Reagan had implemented, would be a substantial improvement over the mess we have today.

Rumors have been brewing that DeMint could be a possible presidential candidate in 2012.  So far, all the potential nominees being thrown around have not enamored me.  He could be an interesting option.

5 responses so far

Dec 13 2009

Constitutional Challenge Threatened Against Asheville Councilman Over Atheist Belief

cecil-bothwell

There was a bit of suspense in Asheville, N.C., Tuesday morning about whether newly-elected city council member Cecil Bothwell should or would be sworn into office. Bothwell, who was elected last month, is an atheist. The North Carolina constitution still bars atheists from holding elected office.

“I’m not saying that Cecil Bothwell is not a good man, but if he’s an atheist, he’s not eligible to serve in public office, according to the state constitution,” said H.K. Edgerton, a former Asheville NAACP president told the Asheville Citizen-Times.

Article 6, section 8 of the North Carolina constitution states: “The following persons shall be disqualified for office: First, any person who shall deny the being of Almighty God.”

The Washington Post

These threats against Bothwell are completely unacceptable.  This is precisely what the Establishment Clause was placed in the Constitution to prevent.  Neither the Federal nor any state government has the legal authority to apply a religious litmus test to any public office holder.  In a free society we do not bully other people based on their religious beliefs or lack thereof.

Article VI Clause 3 of the U.S. Constitution reads: ” The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution; but no religious Test shall ever be required as a Qualification to any Office or public Trust under the United States.”

That’s pretty cut and dry and trumps whatever language still survives in the North Carolina State Constitution.  Mr. Edgerton certainly has the right to be upset about Councilman Bothwell’s beliefs, but he does not have the right to have him expelled from office based on those beliefs.  That’s an issue to be settled in the future between Bothwell and God.

2 responses so far

Dec 10 2009

Probable cause to indict Soles

R.C. Soles Jr., a N.C. State Senator from Tabor City will be indicted by a grand jury. This was reported in the News and Observer today.

The grand jury wrote in its presentment that it had reason to believe that Soles had committed a crime:

Twelve or more grand jurors concur in finding probable cause to believe that R.C. Soles, Jr. committed the offense of Assault With a Deadly Weapon Inflicting Serious Injury against Thomas Kyle Blackburn in Columbus County on or about August 23, 2009 by unlawfully, willfully and feloniously shooting Thomas Kyle Blackburn and inflicting serious injury.

Looks like we have another Democratic being taken to the woodshed. I wonder if Democrats will call for his resignation like they did the drunk Republican? Will they treat him the same as Rep. Wright?

One response so far

Dec 09 2009

I Will Gladly Pay You Tuesday for a Hamburger Today

wimpy

A Charleston woman was charged with shoplifting after she made a hot dog at a Myrtle Beach store, offered to pay for it tomorrow and then threw it away because she said it didn’t taste good, according to a police report.

Shelia Diane Anderson, 60, was charged with shoplifting after police were called to the Circle K at 1101 N. Kings Highway, police said.

The Sun News

No responses yet

Dec 09 2009

Plyer Family Gets Settlement at Expense of Charlotte Taxpayers

The city of Charlotte has agreed to settle a lawsuit by the family of a Weddington woman killed when a tree fell and crushed her SUV on East Boulevard in the spring of 2008.

Kay Plyler, an assistant town manager of Matthews, was driving with her 14-year-old daughter, Taylor Yeaton, when the tree fell on their vehicle at East Boulevard and Asheville Place. Plyler was killed. Taylor suffered minor injuries.

The lawsuit contends that the tree’s roots were 80 percent to 90 percent decayed, and that the city should have cut it down. It was on city-owned land.

Charlotte Observer

I admit that I don’t know all the facts about this case.  Perhaps people have complained about this tree, perhaps not.  Perhaps the city was derelict in their responsibility, perhaps not.  Despite all of that, I can’t help to smell the stench of bull shit in this lawsuit.  People deal with the loss of family members around the world every single day because of accidents.  That doesn’t mean that they’re entitled to a seven figure settlement, which I imagine is what they’re going to get, just because of it.  Is the City of Charlotte realistically expected to monitor every single tree on city property and be able to accurately predict when one might just fall over some day?

Two years ago I was in Oregon.  I was driving U.S. 30 to Astoria on the coast.  A storm had occurred the night before and on my way there I had to stop twice and wait while maintenance workers chopped apart a tree that had fallen across the highway in two different locations.  If one of those trees, one of the probably millions that are across the State of Oregon,  had fallen on a car would the state have been liable to pay a settlement to the surviving family since the tree was on state lands?

I’m not going to trash this family or their parasitic lawyer like I normally would do because I also find the city’s response to this a little suspicious.  The fact that they settled this out of court instead of fighting it and the city arborist not returning media calls do make me wonder if the city does bear some reasonable guilt here, but anytime a lawsuit like this springs up I view its legitimacy through a very skeptical lens.  Unfortunately, we have too many people across this country engaging in lawsuit abuse.

No responses yet

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