From the Charlotte Observer this morning:
What Anson County District Attorney Michael Parker is trying to do to Floyd Brown goes beyond unreasonable. It's unconscionable.
A
judge on Monday dismissed charges against Mr. Brown, who had spent 14
years locked up in a mental hospital for a murder charge he was never
tried on, based on a confession experts say he couldn't have made. But
now he has no suitable place to go. After a visit from the Anson County
DA, a group home reneged on an agreement made months ago to take Mr.
Brown when he was released.
Betsy Muse at BlueNC dug up an article from the Denver Post, of all papers, detailing just how ridiculous and corrupt the continued incarceration of Brown is. And now, the DA is trying to keep him from being accepted into a group home. Of course, given the events around here of the past week, another case jumps to mind. Apparently, that's not just because we're in Durham here; the Observer noticed it too:
DA Parker reminds us of disgraced and disbarred Durham prosecutor Mike
Nifong in this regard: Like Mr. Nifong, Mr. Parker has doggedly pursued
a case where evidence and fairness clearly say he should not.
Well, some might say, at least the cops weren't in on the act too, right? Well, according to the Post, the murder weapon, a large wooden stick with bloody palm prints on it that didn't match Brown's, has now disappeared from the evidence locker. More from the Post:
Sheriff Allen was asked in court what he did when he learned the evidence in the case had been lost.
"I didn't do anything," he testified.
Prosecutors
surmised that the evidence may have been lost while being returned from
North Carolina's crime lab via United Parcel Service within three weeks
of Lynch's murder. But court records show a lab report sent attached to
the evidence arrived safely at sheriff's headquarters.
Hmmm... Let's ask the lead investigator. Bud Hutchinson:
Asked three times whether he destroyed it, Hutchinson answers, "I don't know."
"If
I did, I wouldn't say," he continues. "It's not your business what
happened to that evidence. It's nobody's business what happened to that
evidence."
"The evidence? I'll be honest with you. It disappeared
into thin air. Into thin air, I tell you. Only the Lord knows where it
went," adds Hutchinson's partner, Robert Poplin, a former Anson County
sheriff's deputy who sells cookware now that he, like Hutchinson, has
lost his badge.
In an unrelated case, both detectives pleaded guilty in
1998 to federal racketeering charges for at least four years of shaking
down money from people in exchange for not pressing charges in criminal
cases. Hutchinson also pleaded guilty to conspiracy to racketeer.
"I've been in law enforcement for 30 years, and they
were the worst I've ever seen," the SBI's Ramsey says. "I mean, that's
just straight up. I've never seen more crooked officers than these.
They were just as corrupt as they can be. I wouldn't put anything past
them. Nothing would surprise me in dealing with those two guys."
Well, clearly the judge should have done something!
They cited Poplin's and Hutchinson's
records of criminal corruption. They noted the detectives failed to
investigate what happened to evidence they were responsible for
keeping. And they argued the sheriff's deputies acted in bad faith by
mishandling evidence that early tests found didn't match Brown and
therefore were persuasive of his innocence.
A judge denied their bad-faith claim, saying it's
"merely speculative" the missing evidence would have proved Brown
didn't kill Lynch.
So, again, someone tell me about how this kind of thing happens "only in Durham?"
I don't mean to be flippant about either the lacrosse case or Brown's case; both were dangerous miscarriages of justice. But I frankly don't see much good in putting complete control of the Durham police in the hands of a federal judge, or suing the pants off of Anson County, while simultaneously ignoring the conditions in North Carolina's judicial system which made it possible. This isn't just Durham's problem, or Wadesboro's problem -- it's North Carolina's problem. I honestly have no idea what the technical details of any kind of redress would look like, but I think providing some formal statewide oversight and review of local district attorneys and law enforcement offices would be a start.
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