Fax to NC State Bar Lunsford re: Wake Court Fraud & his reply
August 12, 2012
Mr. L. Thomas Lunsford II
North Carolina State Bar
By Email and FAX: 4 pages
Dear Mr. Lunsford:
RE: Wake County Court District Attorney Colon Willoughby
Wake County Court District Attorney is not performing his prosecutorial duties prescribed by law and as a result, the massive fraud occurring inside the Wake County Court described below continues.
I write to ask you to lead an investigation of this matter because it obstructs justice for potentially everyone who ever was, is or will be a misdemeanor defendant in the Wake County Court, and because it has been going on for years and continues to harm victims unlawfully, personally, professionally and financially.
As you know from prosecuting DA Michael Nifong in 2007, Rules 8.4 (c) and (d) prohibit conduct that involves dishonesty, fraud, deceit or misrepresentation as well as conduct that is prejudicial to the administration of justice. Therefore, it is the duty of the N.C. State Bar to investigate Wake District Attorney Colon Willoughby.
1. The Wake Court is not enforcing or allowing probable cause hearings to occur before jury trials and convictions. Per NCGS 15A-606, probable cause hearings are required (demand or waive) and should occur 21 business days after the defendant’s first appearance in district court. Without probable cause hearing, defendants are trapped in the Wake Court for a year and longer and then many are convicted without probable cause. Per State v. Hudson, 295 N.C. 427, 430 (1978), probable cause hearing is supposed to ensure that defendant will not be unjustifiably put to the trouble and expense of trial if there is no probable cause.
2. No court form even exists to allow defendants to demand or waive probable cause hearings, or to plead NOT GUILTY in that state district courts.
3. The ACIS court computer system records all court dates as jury trials; and defendants and their attorneys aren’t notified of either. Since the DA is responsible for calendaring court dates, Willoughby should have noticed this computer defect during the 20 plus years he has served as District Attorney.
4. Two fake court documents are in use in the Wake County Court, which keep people trapped in court for years and then convict them of misdemeanor DWI’s unlawfully.
5. DA Willoughby continues to deny justice and financial relief to victims. Willoughby has been notified formally in 2010 and 2011 about this fraud via Motions for Relief, and informally via numerous faxes and emails in 2012 and he still has not responded. Additionally, he continues to allow his staff of Assistant to DAs to continue this process, and he is thus responsible for negligent training and retention of his staff.
Following this page is a copy of Defense Attorney William Fay’s blog, which addresses the economic harm suffered by defendants who have been victims of the Wake County Court fraud.
I look forward to your reply.
Enclosure: Attorney William Fay Wake County Court Blog link - http://www.williamfay.com/blog/?p=116