Examples of Prosecutorial Misconduct in NC

NC Legislative Black Caucus Backs Resolution on James Johnson

The North Carolina Legislative Black Caucus of 27 legislators of African American heritage passed the attached resolution protesting the continuing persecution of a young Wilson man, James Johnson, by the State of North Carolina.

“James Johnson, his family, the NAACP, and the social justice family in North Carolina, all join the Legislative Black Caucus in sending our deepest sympathies to the family of Brittany Willis,” said Rev. William J. Barber, President of the N.C. State Conference of the NAACP.

“We also stand for truth. James Johnson is innocent of any involvement in the kidnapping and murder. His courageous act of identifying the murderer to the police is what all parents would want their sons to do. We thank the Legislative Black Caucus and its leader, Dr. Alma Adams of Greensboro, for taking the unusual step of speaking out about a case while it is still pending,” Rev. Barber said. “These veteran political leaders know the legal/political dynamics that develop in these racially-charged cases and have helped enlighten us all with their resolution, particularly this statement.”

The mishandling of this case by the State is self-evident to those who know the facts; the jailing of Mr. Johnson for 39 months is inexcusable; and the last-minute accessory charge against him for taking three days to turn in the murderer seems an effort to pacify some forces who had much invested in showing the public they had some reason for holding Mr. Johnson.

“The State and National NAACP, many important and knowledgeable people throughout North Carolina who have learned the facts of this case, and now 27 North Carolina legislators have all come to the same conclusion,” Rev. Barber said. “Drop the last-minute charges against James and let him get on with his life.”

Text of the resolution follows:

Continue reading "NC Legislative Black Caucus Backs Resolution on James Johnson" »

When Will We Say 'Enough' to Racial Injustice?

Rev. Dr. William Barber, President of the NC NAACP: "Another Black man has barely escaped execution by our State Government because of gross mistakes and prejudice in our criminal 'justice' system.  That makes three North Carolina Black men in the past five months who, but for the grace of God, would have been wrongly executed in our name. How long will we let these injustices in our name continue?  When will we say Enough?" Read the whole thing.  

Congressman G.K. Butterfield Demands Federal Investigation of Prosecutorial Misconduct in James Johnson Case, Due to 'Failure of Government'

Statement of Rev. Dr. William Barber:

I bring to your attention a remarkable letter from a true public servant—Cong. G. K. Butterfield.  We welcome his call for a federal investigation of the Wilson prosecutors who held an innocent young man, James Johnson, in jail for 39 months with no basis, other than an angry young man who was mad because James had broken the no-snitch rule. The federal investigation should be coordinated with the N.C. State Bar investigation that is determining whether prosecutors violated their professional duty to act as Ministers of Justice.

Butterfield We also welcome Cong. Butterfield’s humanity—his reaching out to the two families who have been wronged by State’s sloppy handling of this case.  He is the first public official we are aware of who has publicly expressed his regrets and condolences to the Willis and Johnson families. Having served as a Judge in the Wilson County Courthouse for several years before representing it in Congress, he is uniquely qualified to speak to this issue. The admission of wrong-doing is always the first step toward redemption and reconciliation.

Continue reading "Congressman G.K. Butterfield Demands Federal Investigation of Prosecutorial Misconduct in James Johnson Case, Due to 'Failure of Government'" »

NAACP Demands Dismissal of Last Ditch Effort to Smear Johnson's Name and Future

By the Rev. Dr. William J. Barber, II, President, NC NAACP

and Al McSurely, NC NAACP Legal Redress Chair

We have always and still do express concern, sympathy, and pray for the loss of Brittany Willis and the grief of her family.  Our fight from day one has been against the system that would mislead the community, the family, and wrongly incarcerate an innocent young man. The State has dismissed all the charges on which it held James Johnson in jail for 39 months until September 2, 2007.   The State has filed a new charge, however, of Accessory After the Fact. 

Continue reading "NAACP Demands Dismissal of Last Ditch Effort to Smear Johnson's Name and Future" »

Letter to State Officials on Behalf of James Johnson

On December 31, 2007, NC NAACP President William Barber wrote a letter to state officials on behalf of James Johnson:

Continue reading "Letter to State Officials on Behalf of James Johnson" »

James Johnson Re-indicted as Accessory After the Fact; Rally in Wilson for Full Exoneration; Why We Must Continue to Advocate On Johnson's Behalf

UPDATE: "Johnson Indicted As Accessory After the Fact," Channel 11 WTVD. "James Johnson Indicted on Accessory Murder Charge," WRAL.com. "Johnson Indicted on New Charge in Death," News and Observer.com.

The NC NAACP organized a rally and march in Wilson, N.C. on Sunday, January 13 for the full exoneration of James Johnson, a young man who has already served more than three years in jail without trial for a crime he did not commit. The charges were dropped just before Christmas, but young Johnson has been re-charged with the crime of accessory to murder AFTER THE FACT.

UPDATE: Watch coverage of the rally and march on NBC17.com. Watch coverage of the rally and march on News14. "

Spread the Word; download the attached flyer and dissimate to all who might be interested at churches or community organizations.

Download 08_flier_chapel.pdf

Instead of judging the case on "feelings" and speculation, citizens interested in the James Johnson case would do well to read the actual court documents in which the confessed murderer, his attorney, and a psychologist exonerate Johnson in the murder of Brittany Willis. Click to read court documents posted on WRAL.com. 

Just before Christmas, Rev. Dr. William Barber released the following statement on the need to continue to advocate for justice for James Johnson. The statement follows:

On December 19, this marvelous young man, James Johnson, was exonerated of murder, rape, and kidnapping charges for which he should  never have been charged. Never should he have served more than 42 months -- more than three and a half years -- in jail without a trail for something he did not do.

Continue reading "James Johnson Re-indicted as Accessory After the Fact; Rally in Wilson for Full Exoneration; Why We Must Continue to Advocate On Johnson's Behalf" »

Major Victory in the James Johnson Case

Statement from the Rev. Dr.  William Barber, President of the North Carolina NAACP:

"The light of Christmas has shown on the dark nightmare that James Johnson has suffered for 42 months in a false incarceration on murder, rape, and kidnapping charges without a trial. Tonight the special prosecutor dismissed all murder, rape and kidnaping charges against him. It is a major victory for truth and justice.

"James is an innocent young man who was falsely accused. It is not yet a total victory because one count of accessory remains, but we will celebrate tonight, and pick up the fight tomorrow for James' full exoneration tomorrow."

Drill Deeper:

Rally Sunday in Raleigh for James Johnson Attracts Hundreds

A rally on behalf of James Johnson was held Sunday, December 2 at the 6 p.m., First Baptist Church, downtown Raleigh. Community activists, legal experts, supporters and Johnson were on hand for the event aimed at raising funds for his legal defense and scholarship funds, which raised more than $2,000 for his legal defense and scholarship funds. Media coverage:

"Redemption Rally for James Johnson," WTVD ABC11.com. 

"NCAAP Rally Protets Charges Against Man Accused in Killing," News and Observer, December 3, 2007.

"Breaking News," WRAL.

Were you there? What did you think? Post your comments below.

National NAACP Embraces James Johnson Case

The national NAACP has embraced the James Johnson case. On the front page of the national website is the headline, "NAACP Demands Justice for James Johnson," urging that all charges against him be dismissed. The national site includes a fact sheet, a press release and a national petition to North Carolina Governor Mike Easley. Check out the links.

North Carolina Cases Spark National Trend in Exposing Misconduct in Criminal Justice System

"Silent Injustice" is a joint investigation by The Washington Post and CBS News "60 Minutes" on how flawed evidence has led courts to falsely convict hundreds if not thousands of defendants. The flawed forensic tool was discredited years ago, but somehow FBI headquarters never seemed to get the message out. And not surprisingly, a large number of the wrongly convicted are African American.

The media investigation identifies eight cases in North Carolina. One report focuses on the case of Lee Wayne Hunt of Smithfield, NC, who has been in prison for two decades for a murder the evidence indicates he did not commit. Read "The End of a Failed Technique, But Not of a Prison Sentence" in The Washington Post. Former Supreme Court Justice I. Beverly Lake Jr. told the Post on November 27 he has decided to take Hunt's case after learning about the problems with the FBI technique from the media.

"Exonerated, Freed and What Happened Then" is a special report published November 25, 2007 in The New York Times about 137 men who were released from prison after DNA evidence proved they didn't commit the crimes they were charged with. The series reveals how difficult it is for wrongly convicted defendants to rebuild their lives. The Times worked with the Innocence Project, which keeps track of exonerated men on a state-by-state basis, including six in North Carolina.  The Innocence Project has identified seven policy areas where targeted reforms can help prevent future wrongful convictions.

In 2006, the Washington Post published a comprehensive series, "On Being a Black Man: At the Corner of Progress and Peril." Perhaps the most powerful piece in the series is "The Wrong Man: Mistaken for a Fugitive, An Innocent Hairdresser Landed in Jail", about a Maryland black man who was incarcerated for a month before bureaucrats bothered to check that his fingerprints did not match those of the culprit.

More recently, the News and Observer of Raleigh has focused on the case of Alan Gell, which columnist Ruth Sheehan calls "poster boy for the wrongly imprisoned and nearly executed."

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Reverend Doctor William Barber II

  • President of the NC NAACP



    'We' Is the most important word in the social justice vocabulary. The issue is not what we can't do, but what we CAN do when we stand together. With an upsurge in racism/hate crimes, criminalization of young black males, insensitivity to the poor, educational genocide, and the moral/economic cost of a war, we must STAND together now like never before.'

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