FORUM Mr. Cooper, end your obstruction of justice Virginia Parnell Guest Columnist We, the Silk Plant Forest Truth Committee and Concerned Students, call on North Carolina Attorney General Roy Cooper to end his consis tent, knee-jerk reactions that prevent every effort made for a court to learn the true facts of the wrong ful 1997 conviction of Kalvin Michael Smith. Not only should Cooper not oppose Kalvin's recent ly-filed petition, Cooper should join in it. Background: On Friday, March 11, attorneys for Kalvin Michael Smith petitioned the North Carolina Supreme Court to instruct the Forsyth superi or court in its review of a particularly ugly episode in the long-running Silk Plant Forest case. At issue is the creation of a false affidavit by local prosecutors and its subsequent use by state and local prosecutors in 2008 and 2009. Tfiough he tries to hide in this matter, Attorney General Roy Cooper is at the center of this now. According to the peti tion's attached transcrip tion of a November 7,2014 conference in a Forsyth superior court judge's chambers, the judge was about to order a hearing on the matter until Cooper's prosecutors told the judge, "Depending on which wit nesses (Kalvin's lawyers) are going to call, we may need to get out of the J Jet ? Hollander . Guest \Columnist case."l In other words, Cooper's prosecutors admitted to the judge that they would likely be called to testify on what they knew about how the false affidavit was used against Kalvin. When the judge heard that, he abruptly shut down further review. Kalvin's petition asks the N.C. Supreme Court to order the hearing. Cooper's prosecutors must not continue to oppose (as they have to date) holding an evidentiary heating in which they admit they are likely to be called as fact witnesses. Neither Cooper's lawyers nor anyone else has denied the affidavit was materially false, or that prosecutors used it against Kalvin in various ways. Indeed, it is public record that the false affidavit was used to influence WSPD detectives reviewing the case, a city council empan eled review committee, and Christopher Swecker, the former Assistant FBI Director independently reviewing the case. Though Cooper's lawyers repeatedly argue the false affidavit itself was not used in court, they have never denied that it was used to prepare witnesses who tes tified in court or used with members of the court. Cooper's lawyers admitted to a conflict of interest on November 7, 2014, and those same attorneys have i been actively working on 1 the case, under Cooper, j against Kalvin Michael i Smith, possibly protecting | themselves from exposure i of their misconduct. , The issue now: If Cooper s prosecutors engaged in no misconduct, the evidentiary hearing will lift the cloud over his office. But if Cooper's prosecutors or local prose cutors unlawfully used the false affidavit, let the full truth be known and justice result. Cooper should also repudiate and discipline local prosecutors for procuring and filing the false affidavit in the first place. Mr. Cooper must stop hiding behind his staff attorneys and his press spokesperson, who has argued, "(O)ur office has a duty to represent the state in this particular matter. 2 'Actually, in opposing a court's review of how pros ecutors procured and used the false affidavit, Mr. Cooper is expending tax payers' resources to shield his prosecutors. Cooper's spokesperson further disingenuously argues, "(N)o court has found cause to overturn the conviction despite numer ous appeals."3 Cooper's spokesperson conveniently omits that since taking the case in 2008, due to allega tions of misconduct against local prosecutors, Cooper's office has vigorously opposed Kalvin's every appeal, arguing procedural technicalities to avoid a court s honest and open review of the facts. Cooper portrays himself as an ? innocent bystander as he champions injustice and protects impropriety in this case - thus far succeed ing. We note that no fewer than forty four judges denied the late Darryl Hunt's ( appeals - an innocent man to whom, like Kalvin, no physical evi dence of the crime was ever linked. Cooper's cynical abuse of the state resources and the courts must stop now! If he once again reflex tveiy oppos- ? es Kalvin's latest North Carolina Supreme Court motion, it will tell the courts and the public all they need to know about Cooper's moti vations. Attorney General Cooper, join in Kalvin's petition; do not oppose it. Let the courts and the pub lic know the facts of Kalvin's wrongful convic tion. For more information: Jet Hollander, Co-chair, Silk Plant Forest Truth Committee jet@pre-eminence ?om Tel: 336-760-3369 or Virginia Parnell Concerned Students '7' " . ...... Virginia parnell @fede * m .edu910-876-5520;., ?.. >, , j >f Addendum: "Only a court of law? not the attorney general? can release Kalvin Smith from prison. Attorney General Roy Cooper met with local ministers con cerned about the case this afternoon, and our office has previously reviewed the independent report and discussed it with Mr. Swecker. While we agree that there are systemic issues in the criminal jus tice system that must be addressed, our office has a duty to represent the state in this particular matter and no court has found cause to overturn the con viction despite numerous appeals. Noelle Talley ?s iPahltc*?' ' Tftformatjon Offieefc- >*>?!.?Iff-'SI, . . .?