![]() Defendant testified that he helped fill out and serve the subpoenas and that the poster existed at the time the initial subpoenas were served. A hearing was held on the motion on 18 January 2007. Proceeding pro se, on 28 November 2006, defendant filed a Motion to Dismiss for Prosecutorial Misconduct and Brady Violation, in accordance with N.C.G.S. At a pretrial hearing in Stanly County on 11 July 2005 concerning charges in that jurisdiction, Assistant District Attorney Stephen Higdon (ADA Higdon) admitted to the existence of the poster, its removal and destruction, and the impossibility of producing it or the original photographs that appeared on the poster.Īfter defendant was indicted for having attained habitual felon status, the Union County Grand Jury returned a superseding true bill of indictment on 30 October 2006, charging defendant with felony assault on a government officer or employee. However, defendant never received any of the requested items. The first depicted defendant without any injuries as he appeared when processed into the Stanly County Detention Center on 17 November 2003, with a caption stating: "Before he sued the D.A.'s office." The second photograph depicted the injured defendant as he appeared when processed back into the Stanly County Detention Center on 20 April 2004, with a caption stating: "After he sued the D.A.'s office." Defendant testified that after viewing the poster, his attorney began making requests and serving subpoenas to obtain the poster and the photographs used to create the poster. The poster contained two photographs of defendant. The photographs showed the bruises and wounds defendant sustained at the Union County Jail.ĭefendant further testified that after the events of 20 April 2004 and while he was being held in Stanly County, two individuals, one of whom was defendant's attorney, informed defendant of a poster they had seen on a wall in the offices of the District Attorney for the Twentieth Prosecutorial District, which included Stanly and Union Counties at the time. Defendant testified he was then transferred back to the Stanly County *293 Detention Center midday on 20 April 2004, and photographs were taken of him at that time for reprocessing purposes. Defendant denied the allegation and testified that in the early morning hours of 20 April 2004, he was maced and beaten by multiple officers at the Union County Jail, where he sustained severe injuries, including a broken arm. The State alleged that defendant punched Union County Sheriff's Deputy Brad Moseley when Deputy Moseley attempted to remove defendant from a holding cell. ![]() Less than twenty-four hours after his arrival at the Union County Jail, defendant was charged with misdemeanor assault on a government official at that facility. Even though defendant made numerous requests, he received neither the paperwork authorizing nor an explanation for his transfer. During February and March 2004 and while in custody in Stanly County, defendant initiated actions in various courts naming an assistant district attorney for Stanly County, the Stanly County Sheriff, and the Stanly County Commissioners for alleged civil rights violations.Īfter filing these actions, defendant was transferred to the Union County Jail on 19 April 2004. Theodore Jerry Williams (defendant) was arrested and placed in the Stanly County Detention Center on 17 November 2003 on charges unrelated to the present matter. § 15A-954(a)(4) satisfied and affirm the Court of Appeals. Accordingly, we find the requirements of N.C.G.S. Based on these circumstances, we conclude that the State flagrantly violated defendant's constitutional rights and irreparably prejudiced the preparation of his defense. In a pretrial hearing, the State admitted to the existence, possession, and destruction of material evidence favorable to defendant and acknowledged that it was impossible to produce the evidence at that time or, by implication, at any future trial. ![]() This case requires us to decide whether dismissal of a criminal charge against defendant was appropriate under N.C.G.S. Jester, Loouisburg, for defendant-appellee. Mertz, Assistant Attorney General, for the State-appellant. *292 Roy Cooper, Attorney General, by Derrick C.
0 Comments
Leave a Reply. |
AuthorWrite something about yourself. No need to be fancy, just an overview. ArchivesCategories |