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The State of Innocence in North Carolina
Topic Started: Jun 23 2015, 04:49 PM (1,044 Views)
Sydney Carton

Thanks to abb

http://bigstory.ap.org/article/14e96684f3b7488ba26a0458eedb2fce/disbarred-prosecutor-could-be-called-double-murder-case


DURHAM, N.C. (AP) — Evidence of prosecutorial misconduct that could exonerate a man who has spent 21 years in prison for a double murder will be at center stage during a hearing in a North Carolina courtroom this week.

A judge two years ago threw out Darryl Howard's 1995 conviction but the North Carolina Court of Appeals ruled a new hearing was needed. He remains imprisoned.

The hearing starting Monday could highlight whether evidence that could have proved Howard's innocence was withheld by prosecutors and police.

Superior Court Judge Orlando Hudson said in 2014 he remembered observing Howard's murder trial as it was under way. He called it "a horrendous prosecution" that ignored that "there was extremely credible, strong evidence that Mr. Howard did not commit" the crime.

Howard was on the verge of being released on bail pending a retrial until Attorney General Roy Cooper's office stepped in. As the chief attorney for the state, Cooper is responsible for defending criminal prosecutions when they are challenged. Howard, 54, is being held in medium security at a Warren County prison.

Expected to testify at the hearing is former Durham County district attorney Mike Nifong, whom Hudson said in his 2014 ruling failed to share with defense attorneys a police memo and other evidence that pointed to suspects other than Howard.
snip
SC:Will there be more acts to follow in the Durham Follies?
Edited by Sydney Carton, Aug 28 2016, 04:12 PM.
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Sydney Carton

http://abcnews.go.com/US/man-claims-wrongfully-convicted-unc-charlotte-students-murder/story?id=44063103

snip
Carver’s current attorney, Chris Mumma, the executive director of the North Carolina Center on Actual Innocence, has spent the past three-and-a-half years trying to convince the world that he is innocent.

Every year Mumma’s organization receives requests from nearly 600 inmates but accepts only 2 percent of the cases.
snip
SC:Yet, judging by our going run of averages these last ten years, many more than 2 per cent should prove to be innocent.If there is any one to defend their cases.
Edited by Sydney Carton, Dec 16 2016, 01:20 AM.
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Sydney Carton

And now an oldie will be back in the headlines:
http://www.wral.com/mike-peterson-gets-new-attorney-for-second-murder-trial/14109012/
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A Superior Court judge ordered a new trial IN DECEMBER 2011 after determining that a key prosecution witness gave false and misleading testimony during the trial.

Since then, Peterson has been out of prison waiting for a resolution to his case. Durham prosecutors say a new trial could happen AS EARLY AS NEXT YEAR.

Sources close to the case said Peterson rejected an offer made by prosecutors that would guarantee he wouldn't serve any more time behind bars if he pleaded guilty to second-degree murder in the case.

SC:It appears that Durham systematically attempted to break Peterson down both psychologically and financially.
Edited by Sydney Carton, Jan 16 2017, 03:29 PM.
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Quasimodo

Quote:
 
SC:It appears that Durham systematically attempted to break Peterson down both psychologically and financially.


Isn't that the standard way of Durham justice?

(I seem to recall the same thing happening to some innocent out-of-state Duke students a few years
ago, but the details elude me at the moment...)

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Sydney Carton

http://www.wral.com/sources-mike-peterson-to-take-manslaughter-plea-in-wife-s-death/16511861/
Although Rudolf wouldn't elaborate on the deal, sources told WRAL News that Peterson has agreed to enter an Alford plea to a charge of voluntary manslaughter, receive a sentence less than the time he's already served in prison and effectively walk out of the courthouse a free man later this month
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According to another source.he is taking an Alford plea.No admission of guilt but apparently bearing the total loss of the last fifteen years of his life.Guilty or innocent,this is not a satisfactory resolution.
Edited by Sydney Carton, Feb 9 2017, 01:18 AM.
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