Skip to comments.Invalid Rule Spares Former Prosecutors from Discipline
Posted on 01/21/2006 4:46:19 AM PST by hdrabon
The disciplinary arm of the N.C. State Bar dropped charges of felonious misconduct against two former Union County prosecutors Friday because of a 1999 clerical error at the state Supreme Court. The State Bar had charged Kenneth Honeycutt and Scott Brewer with lying, cheating and withholding evidence in a 1996 death penalty case.
The ruling Friday marks the second time that Honeycutt and Brewer won on procedural grounds before the bar's Disciplinary Hearing Commission, which sits as judge and jury in disciplinary cases. . . .
Prosecutors around the state are concerned that the case is damaging their reputation and the public image of the justice system.
"In any case alleging felonious misconduct, we want to get to the truth of it," said Peg Dorer, director of the N.C. Conference of District Attorneys. "These allegations hurt the profession. I think they should have an investigation. . . "
On Friday, an aide to Attorney General Roy Cooper asked the State Bar to forward their evidence of felonies to Union County District Attorney Michael Parker for investigation. The aide, J.B. Kelly, said the attorney general does not have the power to start an investigation on his own.
Parker was Honeycutt's chief assistant. Gov. Mike Easley appointed Parker to succeed Honeycutt at Honeycutt's request. Parker did not return phone calls Friday.
(Excerpt) Read more at newsobserver.com ...
District Attorney, Michael Parker, groomed by Honeycutt (and on staff during the Hoffman murder trial) and hand-picked by Honeycutt when he "retired" (just after the original charges against him and "Judge" Scott Brewer were raised), and Coronated by former NC State Attorney General, NC Governor, Mike Easley, and current NC State Attorney General, Roy Cooper, both personal friends and political allies of Honeycutt, will not likely bring charges against his mentor, Honeycutt.
The people, and justice, take it up the *** again. he legal industry is responsible for the mess our country is in. . . .
My "final" paragraph SHOULD HAVE read --
The people, and justice, take it up the *** again. The legal industry is responsible for the mess our country is in. . . . If all politics is local, and local legal politics is like this, our country is in a hopeless situation, many fear.
I've thought Union County was pretty hopeless for years now, myself.
The valiant NC Bar prosecutor, Ms. Carolin Bakewell, can only succeed, probably, if she turns this over to federal officials. The NC legal industry is hopelessly incestuous and deeply mired in Caligulation. HDR
This makes me sick.
I'm not sure about what "this rule" that was not printed in the law books is. Can you enlighten me?
Check the link to the article at the News & Observer. On the right side of the page is an "outline" of the rule.
Thank you for asking.
Hubert D. Rabon
My wife and I were victims of Brewer & Honeycutt's courtroom activities in separate, but related matters. We were hoping for SOME consolation from the charges being brought against them. Imagine how sick WE, and the "victims" in the murder case at hand feel. (The NC Bar has our materials. . . .)
If we are loud enough in our protests to the right people, then perhaps Carolin Bakewell at the NC Bar (the "good" prosecutor against them that brought it THIS far) can eventually get this to the US Supreme Court.
The Raleigh News & Observer ^
Thanks for those directions. I read all that was available on 2 convictions and the aftermaths....many more to read later...and I am appalled that these prosecutors are not in prison. Even a non-lawyer like myself can see that their felonious actions have left a wake of ruined lives. Please ping me for any other details about their future. I want them disbarred AND prosecuted.
"I want them disbarred AND prosecuted."
They probably will be since others in their profession are gettin', a might embarrassed.
What? Procedural grounds? What a "loophole", as an understatement.
Another great excuse for liberal bureaucrats to be even more lazy, reckless and outright evil.
Interesting ... we seem to be headed towards mini-Auschwitz via "procedural grounds", without the need for Nuremberg style trial which would be embarassing and hard work... because, you guessed it, of "procedural grounds".
The guys did not do their jobs when they could have, they should go to the slammer, period. WE NEED JURIES! Not this crap pat me on the back system.
corrupt goverment officials who would have thought that was possible?
The following is from a Raleigh News & Observer article by Joseph Neff, originally published Nov 02, 2003 and revised Jan 12, 2006.
It SHOULD not only start to answer your questions about the Alan Gell issue, who was the defendant, but also the prosecutorial question -- David Hoke, the prosecutor, is very high in the NC State court system
Any wonder about the clerical error with the NC State Supreme Court?
The price and the pain:
For the wrongfully convicted, prosecutorial misconduct means years in prison. For the victims' families and the public, there is the pain and cost of a second trial. For the prosecutors, there are rarely any consequences.
An example: David Hoke, who prosecuted Alan Gell, is now the No. 2 administrator in the state court system. Debra Graves, his co-counsel, is a federal public defender. Both declined to talk about the case.
If you REALLY want a good, LONG read on the problems with the NC prosecutorial system (i.e., the NC Legal Industry and NC Bar), check-out the articles at the following link:
Remember, Mike Easley was the former Attorney General for the state. . . . He, the current A.G., Roy Cooper, and their cronies, run the NC Bar and the NC Court System.
Read post # 19 about just how convienient the clerical error was in actuality. . . .