Fitzsimon File: The unapologetic Department of Justice

10/08/2009 Fitzsimon File The unapologetic Department of Justice By Chris Fitzsimon A widely respected Raleigh lawyer and former judge was discussing the Alan Gell case recently and his startling comments were a reminder of one of the most troubling aspects of the criminal justice system, the unwillingness of prosecutors to admit they made a mistake, to halt a trial when they discover that they might be trying to convict, even execute the wrong person.   Gell spent nine years behind bars for a murder he did not commit, four of them on death row awaiting his execution. A judge threw out Gell's conviction n 2001 after his lawyers discovered that prosecutors had withheld statements  from 17 witnesses who said they had seen the victim alive after the time that Gell could have killed him.   The News & Observer reported this week that the state agreed to pay Gell $3.9 million to settle a lawsuit he filed against the State Bureau of Investigation. Another N&O story profiled the SBI agent who investigated the case and ignored the eyewitness accounts that cleared Gell of the murder and neglected to tell prosecutors about other evidence that pointed to Gell's innocence. He still works for the SBI.   The prominent Raleigh attorney was considering this week's news and said first that he wasn't so sure Gell was innocent and then defended the lawyers in the Attorney General's office who prosecuted the case, blaming the SBI agent and the state medical examiner for any problems.   The medical examiner later testified that she too had been misled by the prosecutors.  The N&O reports that the SBI agent is unrepentant, refusing in a deposition to even express regret about how he conducted his investigation.   But none of that is the most disturbing part of Alan Gell's wrongful conviction and imprisonment. After lawyers discovered the eyewitness accounts that proved Gell could not have committed the murder and asked a judge to throw out his conviction, the Attorney General's office argued that Gell should still be executed.   They admitted that defense lawyers had been denied evidence that pointed to Gell's innocence, but no matter, kill him anyway.  Good thing the judge didn't listen.  Instead he vacated Gell's conviction, leaving the case in the hands of Attorney General Roy Cooper, who unbelievably decided to try Gell again, but not seek the death penalty.   Jurors heard all the evidence at that second trial and found Gell not guilty after a short deliberation. Some of the jurors told interviewers later that they didn't understand why the state had tried again to convict Gell.   Nobody has explained that decision yet or more importantly, why the state tried to execute him even after admitting that previously hidden evidence indicated that he couldn't have committed the crime. That's a long way past reasonable doubt.   The N&O's reporting also found that the two original prosecutors in the case said in depositions that they still believed Gell was guilty of the murder despite the overwhelming evidence that he was innocent and that a jury confirmed it.   The prosecutors were reprimanded by the State Bar for their conduct in the case, but none it seems to matter to much of the criminal justice establishment.  Maybe they can't let themselves admit that the state was trying to kill an innocent man.    And that's the most disconcerting problem, that it is so hard for them to acknowledge it when they make mistakes.   The criminal justice system is not perfect. No system administered by humans can ever be. But we have a right to expect that folks who for the department named Justice seek it tirelessly, even when it means admitting they are wrong.   Progressive Pulse Blog NC Slips in Health Rankings from 30th to 41st - Adam Searing Stabbed in the Back - Adam Searing Potter Family: We need a public option! - Adam Searing Dell plant closing despite $280m in potential subsidies: We told you so. - Elaine Mejia Top of the morning - Chris Fitzsimon   Daily News   Alcoa responds to Perdue's proposal Charlotte Observer Alcoa Inc. is fighting back against the state of North Carolina in a battle over control of Alcoa's hydroelectric dams on the Yadkin River. Gov. Bev Perdue's administration has argued that federal regulators should not renew Alcoa's long-term license to operate the dams. 'Neighborhood schools' issue tapped anger Raleigh News & Observer Winning candidates in Tuesday's Wake County school board elections achieved their victories by tapping into widespread resentment about the schools and offering up the rallying cry "neighborhood schools." But those who favored current policies staked the election on promoting the unpopular cause of busing for diversity, analysts said Wednesday. Some Dix patients can move to Butner Raleigh News & Observer A judge lifted a yearlong restraining order Wednesday, allowing state mental health officials to move ahead with plans to transfer patients from Raleigh's Dorothea Dix Hospital to a new facility in Butner.Dix will remain open. At least 100 mental patients will be housed in units at the 153-year-old mental hospital for the foreseeable future as the state struggles to cope with a serious shortage of psychiatric hospital beds. N.C. rating on bonds still strong Winston-Salem Journal North Carolina has preserved for now its top-level credit rating -- news that keeps borrowing expenses down and gives Democratic leaders a pat on the back for managing the state's difficult financial picture this year.   The Fitzsimon File is available on your smart phone. Visit www.ncpolicywatch.com for the latest news, commentaries and special features. Join the policy debate at The Progressive Pulse blog.

NC Policy Watch is a project of the North Carolina Justice Center with major support provided by the AJ Fletcher Foundation. © 2007 NC Policy Watch | 224 S. Dawson Street, Raleigh, NC 27601

 

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DHHS to ask that Dix restraining order be lifted

DHHS to ask that Dix restraining order be lifted

Raleigh, N.C. ��� The North Carolina Department of Health and Human Services will ask a judge Wednesday afternoon to lift a temporary restraining order that prohibits the state from moving patients to the state's newest mental hospital.

Secretary Lanier Cansler said last month that he would like to begin moving 100 patients from Dorothea Dix Hospital in Raleigh to Central Regional Hospital in Butner.

If Superior Court Judge Allen Baddour lifts the order, Cansler said, it would take about 30 to 45 days to begin moving patients. The move would take several months to complete. About 120 patients would remain at Dix.

The $130 million Central Regional Hospital opened last July, yet nearly half the beds remain empty.

Advocacy group Disability Rights North Carolina filed a complaint last September, citing more than a dozen safety concerns and conditions the state failed to meet for the move, as outlined under state law.

Since then, DHHS and Disability Rights have been working together about the concerns.

In August, Vicki Smith, the group's executive director, said she believes the hospital is significantly safer now than when it opened last year.

Once the move is complete, it will save the state an estimated $800,000 a month, Cansler has said.

Eventually, Central Regional will replace both Dorothea Dix and John Umstead Hospital, which is also in Butner.

Dorothea Dix, now a subsidiary campus of Central Regional, will stay open for at least three more years as an overflow unit and to house children and adolescents in need of long-term care.

[Jack Register] this article is from a community psychiatry listserv

Foreclosure Training 9/24, Durham

 

Announcing Surfing the Foreclosure Tsunami: A Training on Foreclosure Prevention and REO Disposition About the Tracks ·         Track One for Housing Counselors ·         Track Two for Governments and Non-Profit Housing Developers   Sept. 24th, 2009 Durham Marriott Registration, $45 Register Here Registration Closes Sept. 18th, 2009 Surfing the Foreclosure Tsunami:   Dear Susan,   You are invited to an important training, focusing on Foreclosure Prevention and REO Disposition, on Sept. 24th, 2009. Please see the agenda below.  Register here. Foreclosure Tsunami: Causes and Contexts   Morning Plenary 9:00 to 9:45 Morning Plenary 9:00 to 9:45 We will look at the forces that led to the foreclosure crisis, and to state policies that protected North Carolina.   Some solutions can be effected with individuals or in neighborhoods. Other reforms will require systemic remedies at the state and federal level.   Track One -  Housing Counselors   Housing counselors can receive general continuing education credit for the Training 10:00 to 11:00 Solution-Focused Counseling The CCCS of Forsyth County will share methods to help counselors and their clients.   11:00 to 12:00 State Tools for Foreclosure Prevention NCHFA - Home Protection Program NCCOB - Home Foreclosure Prevention Project NC Attorney General - New consumer protections 1:30 to 3:00 Federal Tools for Foreclosure Prevention HUD will present guidance for several federal loan modification programs: The Home Affordable Modification Program HUD/FHA/VA Fannie Mae and Freddie Mac 3:00 to 4:00 The Perspectives of Servicers Staff from BB&T, SunTrust, Wells Fargo, and Self-Help will review their loan modification programs and how they work with clients.    Moving Forward: Policy and Practice   Lunch Plenary Time: 12:00 to 1:15 Lunch Plenary 12:00 to 1:15 Allan Mallach is a senior fellow in the Metropolitan Policy Program at the Brookings Institution.  Mallach is a national expert on the pathways to revitalize distressed neighborhoods with equity and social inclusion.  He will speak on the neighborhood impacts of the foreclosure crisis, as well as strategies for recovery. Mallach is an advocate, a practitioner, researcher and a planner.   Track Two - Local Government and Non-Profit Developers Guidance and advice for rebuilding communities. 10:00 to 12:00 Neighborhood Stabilization Program I  NSP Update by NCDCA - and - Using CDBG and HOME Funds by HUD - and - NSP Funding from NCHFA, Self-Help & the Initiative 1:30 to 2:00 Research Foreclosure Trends and Buys Community Reinvestment Association of North Carolina 2:00 to 3:00 REO Disposition Programs Lenders will explain their REO disposition programs and how non-profits can work with them. 3:00 to 4:00 Strategies for Redevelopment Homeownership, Rental and Land Banking: Practitioners will discuss different models for redevelopment. CRA-NC P.O. Box 1929 Durham, NC 27702 See this Event on Facebook Join the Cause for CRA Modernization   Join Our Mailing List! We look forward to seeing you for a productive and informative day. Advance registration closes Sept. 18th.   The Community Reinvestment Association of North Carolina 919.667.1557 x30   Organized by the Community Reinvestment Association of North Carolina with the North Carolina Community Development Initiative

 

Forward this email to your friends This email was sent to susan.lupton@responsiblelending.org by adam@cra-nc.org. Update Profile/Email Address | Instant removal with SafeUnsubscribe™ | Privacy Policy. Email Marketing by CRA-NC | P.O. Box 1929 | Durham | NC | 27702

State Plan for Independent Living

This is from the NC Disability Action Network which NASW-NC is a member.

Announcement

The North Carolina Statewide Independent Living Council

Would like to announce our State Plan for Independent Living (SPIL) come together meeting

With our guest speakers:

Kelly Buckland

The Executive Director of the National Council on Independent Living (NCIL)

September 16^th and 17^th

The Location will be at the

Holiday Inn Brownstone Hotel & Conference Center

1707 Hillsborough Street- Raleigh, NC 27605

Toll Free 800-331-7919

Tel: (919) 828-0811 – Fax (919) 834-090

The meeting to start at 10 Am and ends at 4 Pm each day

Contact: The NCSILC office with any requested accommodation needs.

Please RSVP if you plan to attend.

For more information Phone (919) 835-3636 or E-mail redohanlon@yahoo.com

NCSILC office 401 Oberlin Road Raleigh NC 27605

September is Recovery Month

Tomorrow is the first day of Recovery Month to honor and celebrate the lives of everyone both in recovery and those whose lives have been touched by the disease of addiction. We invite you to join us.  Recovery NC will be highlighting your stories and events all month long.  Want to be a part of the biggest month long celebration in North Carolina?  Here are some things you can do to make this the best recovery month celebration ever:

 

1.       Sign Up – our numbers are over 6000 but we still want to grow our list.  Signing up takes less time than checking your email and can be done by going to http://www.recoverync.org/sign-up/ and entering your name and county.  Want to sign up more?  On that same page you can download our sign up sheet to get your friends, colleagues, neighbors and family to participate.  We would love to show a huge number before the end of September and we need your help to do it.

 

2.       Share your story.   While many websites post stories of people who have achieved recovery, we are interested in hearing those other voices in addition to the voices of persons in recovery. So, we encourage anyone who desires to tell a story from their perspective (a loved one – spouse, child, mother, father, sister, brother, cousin, etc. - best friend, advocate, provider of any services that assist persons on their roads to recovery as well as those who are in recovery from addiction) to select the template that you feel most comfortable using, or create your own unique story. Not all stories have a happy ending, but more do end happily than the American public realizes.  You can download the story templates from http://www.recoverync.org/ - we will post them anonymously per your request but want to remember and celebrate the lives of everyone that has experienced addiction.

 

3.       Share your event.  Every page of www.recoverync.org has a banner where you can find the event in North Carolina closest to you.  We encourage you to find an event near you or if you are hosting an event  please post it on www.recoverymonth.gov or email donna.cotter@recoverync.org – we’d like to let everyone know about the diversity of the celebrations in North Carolina by posting as many as we can.  Do you have a unique event in the state?  Let us know about it.  We’re excited to learn about your celebrations!

 

We hope everyone has a great September and look forward to hearing from you.  We want you to know that we are celebrating lives this month and hope your participation with Recovery NC and www.recoverync.org makes your Recovery Month the best one yet!

 

Thanks and again – if you only do one thing this month to celebrate recovery Sign Up and get a friend to Sign Up – our strength is in our numbers,

 

Donna M. Cotter - RecoveryNC Coordinator

donna.cotter@recoverync.org

www.recoverync.org

 

Fetal Personhood - What Would It Mean

NASW-NC is a member of the NC Women United coalition.  Please direct questions to Gailya below.

 

 

   Please join us at our 'Fetal Personhood - What Would It Mean' event on Thursday, August 27, at 7pm at Temple Beth Or in Raleigh. 

   The fetal personhood legislation is a bold move, and it goes far beyond making abortion illegal. 

   Fetal Personhood involves establishing that fetuses, even fertilized eggs, are "persons" under the protection of the U.S. Constitution.  They define person as a human being at any stage of life, starting at fertilization!  Learn what such a bill would mean to women and families with regard to birth control, miscarriage, pregnancy, birth, abortion, illness, and end of life issues, among other things.   

 

   Fetal personhood legislation has been passed at some level in various states across the US.  See http://data.opi.mt.gov/bills/2009/billhtml/SB0406.htm for the bill that passed the Senate in Montana. 

 

   Event: 'Fetal Personhood - What Would It Mean'

   Date:   8/27/09, Thursday

   Time:  7 p.m.

   Location: Temple Beth Or, 5315 Creedmoor Road, Raleigh NC

   RSVP: president@raleighnow.org

 

-Gailya Paliga

 Raleigh NOW

 919-539-7702

 

Anti-flu drugs Tamiflu and Relenza are equally effective, Stanford analysis finds

From the Disaster Taskforce NASW-NC is a member of:

 

Anti-flu drugs Tamiflu and Relenza are equally effective, Stanford analysis finds

By Lisa M. Krieger

lkrieger@mercurynews.com

Posted: 08/03/2009 03:27:44 PM PDT

Updated: 08/04/2009 05:39:08 AM PDT

 

The two medicines that have been used to combat swine flu are equally effective in fending off the miserable symptoms of fever, nausea and muscle aches, according to an analysis by Stanford researchers.

 

Yet there is no good data on the effectiveness of the drugs among different racial groups, or in the two groups most at risk of death from swine flu: the very young and those with weakened immune systems.

 

The two prescription drugs, Tamiflu and Relenza, "prevent symptoms equally, so you don't get sick with the flu," said Stanford pulmonologist and critical care specialist Nayer Khazeni, who led the team. "But there are a lot of groups that have not been studied.

 

"We need to know more," she said. "Our study identified the gaps in data and helped show those groups who might benefit from further study."

 

The drugs are regularly used to combat many strains of flu, from seasonal to the recent outbreak of swine flu, also known as H1N1. More than 65 nations have stockpiled millions of doses of the drugs for use during a flu pandemic. Such drugs are important weapons in physicians' defensive arsenal, especially since vaccines are not always developed in time to prevent infection, as was the case with swine flu.

 

complete article: http://www.mercurynews.com/health/ci_12984421?nclick_check=1