Established January 18. 1973. Published Each Thursday
| ]m<?B&s8&m QpftOB^
c | )ke, N.C. "Building Communicative Bridges In A Tri-Racial Setting" Robeson County I
I "3 | 1 NUMBER 8 THURSDAY. FEBRJJARY J2. 1990 25? PER COPY
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I ce Locklear's
Lase Begins Monday
EDITOR'S NOTE: While many people do not believe
Judge Sam Cmrin will allow anything to come out ta the
trial of Horace Locklear, attorney charged with
obstruction of justice and obtaining property by falee
pretence, hie attorney! have filed the following motion
entitled "Defendant't proposed showing supporting
reqveft for homing on motions to dismiss and gnash
indictments due to selective prosecution, based on
outrageone government conduct." This document
reveols much of what , apparently, goes on in the
Robeson County Judicial System. We print it here in its
entirety because we believe people need to know.
IacUear's case is to begin m Lnmberton Superior Court
on Monday, February 96 at 9:90 a.m.
"Now comae the Defendant, by and through his
attorneys, and in support of die request for s hearing on
the Motion to Dismiss indictment Doe to Selective
Prosecution and Motion to Quash Indictment Based on
Outrageous Government Conduct shows to the Court that
at the hearing die Defendant's evidence will show aa
follows:
1.That the Defendant Horace Locklear is an Indian
? attorney practicing law in Robeson County, North
? Carolina.
2. That the Defendant is indicted in 2 indictments
alleging he attempted to obtain property by false pretense
and 1 indictment he attempted to obstruct justice;
3. That the basis for the indictment alleges the
Defendant communicated privately (ex parte) with a
Superior Court Judge; Hubert Stone, the Sheriff of
Robeson County; and Mike Stogner, a Deputy Sheriff
concerning matters relating to the sentencing of Lsroy
Locklear, a convicted drug trafficker, in an alleged
attempt to wrongfully "obtain a fee for his services;
4. That attorneys who practice law in Robeson County
will testify as follows:
a. That at the time the alleged offenses were committed
the policy of the District Attorney's Office in Robeson
County wss to not enter into or accept recorded pies
agreements in criminal eases;
b. That in lieu of the foregoing the policy in Robeson
County was for the District Attorney's Office to have the
defsnewiawjmr consult ("feel out") the judge regarding
pnnfelisHBtenring of i ill iifm into who were to
' plead guilty as charged;
e. That these commnnirationt between attorneys and
judges often occurred without the presence of a member
of the District Attorney's staff, but with the knowledge
and assent thereto;
d. That having aaindication of the judge's inclination of
the sentence the attorney would, unless the proposed
sentence was rejected by non-lawyer Martin MeCall aa
Administrative Assistant to the District Attorney's Office
and causing the ease to be continued until another judge
was assigned, relay the inhumation to the cheat and the
olient agreed to plead guilty as eharged. then in open
court the piaa transcript was entered into the record
indicating there was no plea agreement and the defendant
i]ad not been promised anything for his plea;
J e. That this was a regular course of conduct in the
criminal courts of Robeson County by the District
Attorney's Office, defense attorneys and most judges.
f. That the District Attorney's Office communicated
privately (esparto) with judges regarding, but not limited
to, motions to continue criminal cases, exclusion of time
m to speedy trials all without notice to knowledge by, or
the presence of defendant's attorneys;
g. That defense attorneys regularly engage in private
communication outside of court with law enforcement
officers about their possible testimony in criminal cases;
h. That none of tire testifying attorneys, and to their
knowledge no attorney in Robeson County, has been
criminally indicted for such actions nor have complaints
been filed with the State Bar.
6. That the defendant was discriminatorily selected for
prosecution and the defendant can show by testimony the
following:
a. That in another drug trafficking ease prosecuted by
this District Attorney's Office the defendant, while
indicted for trafficking in more than one (1) kilo of
cocaine, eras allowed to plead guilty to leaser charges and
pay alleged restitution in the amount of 124.500.00 to the
Scotland County Drug Fund;
b. That the defeodaat consulted with another Robeson
County attorney concerning what if any relief was
possible for Lsroy Loddesr snd the defendant eras
advised that "substantial assistance" waa the only
possible relief from a minimum mandatory sentence;
farther, the defendant waa advised to talk to the judge to
determine the meaning of "substantial resistance;"
6. That the motive for selecting the defendant for
prosecution wma u follows:
a. That the defendant was at one time the lawyer for
Eddie Hatcher and Tbnmy Jacobs, both Indians;
b. That the defendant was a political supporter of Julian
Pierce, a candidate for Superior Court Judge, an Indian;
e. That the defendant testified for a defendant in the
case of State v Terry Burnt, after which Mike Stogner,
Rybeeon County Deputy Sheriff, was heard by others to
say words to the effect that they would "get him for
that;"
d. That the defendant waa a political supporter for the
appointment of Superior Court Judge Dexter Brooks, an
Indian;
e. That the defendant as an attorney had represented a
defendant in a criminal case and after entry of the plea
Martin MeCall as Administrative Assistant for the District
Attorney's Office expressed anger about the piea and was
heard by others to say words to the effect that the
defendant "would pay for that;"
7. That the action of singling out the defendant for
prosecution for this representation of a cheat will be
shown by court documents and testimony as tantamount
to outrageous government conduct in light of the
following:
a. That Leroy Locklear, a political supporter of Sheriff
Hubert Stone, and his co-defendants, ail convicted drug
defendants, have not been sentenced since pleading
guilty in September, 1988, a period of over 18 months;
b. That Steve Barnhill. step-eon of Chad Gaeque, a
friend and business associate of Martin McCail the
Administrator for the District Attorney, was the only co
defendant in the first degree amrder of Jerry Richardson
who was placed on probation;
c. That while Leroy Locklear was awaiting sentencing
on his plea of trafficking in marijuana and consulting with
the defendant about his sentencing he delivered a load of
oats to Martin MeCall who was Administrative Assistant
to the District Attorney and discussed his case with
MeCall without the presence of an attorney, when MeCall
knew he waa represented by counsel;
d. That the District Attorney's Office has engaged in a
pattern of rewarding political supporters by awarding
founts ia feRBSai meUscs. as foBews:
1. hrState ufltejttn BmttktB the District Attorney did
not calendar the ease on the Superior Court calendars in a
timely faahtan at a time when the District Attorney's
concubine, Para Monroe, was being supervised as an
employee in the Robeson County Probation Office by
Thomas Hate bell, the defendant's father,
2. hi State v Hornet Bonus the District Attorney, J.
Richard TWnaeed, dismissed the case of failure to step
at a stop sign outside of court prior to the assigned court
date for the defendant who is the brother of Knox Barnes,
a political supporter.
3. Id State v. DamM Nmee, Jr the Dtatrict Attorney, J. 1
Richard Town tend, ordered that the defendant charted .
with epeedhif 88 MPH in a 55 MPH tone that be allowed I
to plea to 64 MPH in a 66 MPH Mae; <
4. hi State v. Andrea Ttoner Scott wherein the <
defendant waa charged with tpeeding 80 MPH in a 86 "<
MPH none the Dtatrict Attorney for the State sought no <
greater than 64 MPH in a 66 MPH sooe and the defendant
is the daughter of E.B. Turner, a political eupporter of the
Dtatrict Attorney.
6. In State e. Hone* Don**, 88 CR1888, wherein the
defendant waa charged with a traffic violation the caae
waa dtamtaeed by the DA and the defendant ta
the brother of Knox Barnes, a political eupporter,
6. That in nnmeroua cases wherein the defendant
Henry Daniel Cooper, Jr. was charged with varying traffic
violations and Henry Cooper was charged with a traffic
violation the charges were dtamtaeed or reduced because
the Dtatrict Attorney sought a lessor verdict and Henry
D. Cooper ta a political supporter at the District Attorney
and Mend of Martin McCall, Admhiletiative Assistant in
the Office of Dtatrict Attorney;
7. That actions like those enumerated above are
granted to certain attorneys who receive favored
treatment on their coses so long as they work with the
"teem" and de not tohe positions critical or uncompli
mentary toward the Office of Dtatrict Attorney.
That based on the foregoing, which can he pre tinted
upon hearing, the defendant alleges he has shown the
Court others similarly situated generally have not been
prosecuted for conduct similar to defendant's end that the
government's discriminatory selection was baaed on
impermissible grounds such as race, religion, or the
eaorctae of Constitutional rights.
Respectfuilly submitted this let day of February,
I960."
Bod*nk*tm*r, Down 41 ferdy
Attorneys for D*f*ndmt
I Pembroke Kiwanis Club Meets I
Program Chairman Jama* Harris
presented Mr. Bobby Griffin of the
LRDA Economic Development Divi
sion. 11m meeting was held \t
Linda's Restaurant because of the
untimely death of Mr. Hughes
Loddear of the Town and Country
Restaurant.
The economic development of the
Hwnbrohe area depends vary much
on the Joint effort of the County
Commissioners. the Chamber oT
Commerce and the Town Council,
and the Utt)A Ecu ? omlc Divvlop
m?ni itojbcl
Industrial aaak assistance in ac
quiring land, water, transportation
labor, aewer utilities. There ii land in
Robaaon County but availability'la
the big problem. The tobacco
industry has bean the victim of
advene publicity. But land ie more
?
difficult to acquire in tfc# Pembroke
area than in tba Lum barton iru
People town to price themeelveo out
of the market. Tho commiooionora
hovo appropriated monojr to Rod
Springs to bolp acquiro industry.
Tboro an aomo alternatives to
tobacco Including turkey raiaing, toy
boons and corn. However, a Joint
effort is naadad to meruit industry.
PreaidingMitehci) Loony; bivoca
tion-Dorsoy Lowry; Program- Jim
Harris; Reporter Kan Johnson.
Linda Deese Oxendine Scholarship
Continues To Grow
Chute* M?>nw [left] pntents ?
S600 cluck to Chancellor Jotepk B.
OxnUkmc of Pembroke State Umvor
nty for tko Undo Dtese Oxendme
Scholarship Fond at PSU. This chock
bring s up current contributions to the
scholarship to ft, 100.
The memory of Linda Deese
Oxen dine of Pembroke, a long time
P8U employee who died unexpec
tedly laat May, was recently honored
with the presentation of a check
?
which will be applied toward a PSU
scholarship in her name. Clayton
Maynor presented a $600 check to i
PSU Chancellor Joseph B. Oxendine ]
on behalf of the Bear Swamp Baptist j
Church of Pembroke.
A member of Harpers Ferry
Baptist Church, she was a gospel
singer within the Burnt Swamp
Baptist Association.
This check, added to others
given in Mrs. Omodbto's honor,
increased the scholarship fund to
$2,100 in donations. To reach *
endowment status, the total amount
must reach $8,000, the interest from
which will be used for an annual FBU
scholarship in Mrs. Oxendine'a
memory.
Oxnndine was employed 20 yean
with P8U, much of it as a secretary in
the University's Physical 8denco
Department. She is survived by her
husband. Spencer, aon. Kale; and
three sisters and two brothers.
She is the daughter of Haynea and
Virgie Sander eon Deeae of Pembro
ke.
Maynor it phairman of the flaance
committee at the Bear Swamp
Baptist Church and was mstruaagntali
in raising the $600.
Those who would lihe to contribute
toward the Linda Omndiws Scholar
ship should mail a chock to: Linda
Oxen dine Scholarship Fund, Office
of Institutional Advancement. Pern
U.-nV. ? wv ? v* - s_ _ s
Drofce university, ivBoroKi
MC 28872.
Receives
Degree
From UNC-G
'
Mirim A. Chavit, daughter of
WmtgT. end Mary & Chavu of Route
10, Lumberton, hut graduated from
the Umivenity of North Carolina
Oreentboro with m MPA m Public
AJjHurt. 5*? it employed by ?*? II
Council for Children u ? rateeach (
coordinator in Charlotte
Chavit it a 1983 graduate of
Pembroke Senior High and a 1989
lliaifmif* of Pembroke State Umver
iky with a B.A. m tolitical Science.
15th Annual
Indian Unity
Conference
March 15-17
,
Dr. JotepJk B. Oxrmdktr
Dr. Joseph B. ftwdln>."Climil
lor of fan broke Stats University, will
be the keynote speaker for this year's
North Caroline Indian Unity Confe
rence March IS 17. 1990 at the
Sheraton Greensboro Hotel, Greene
boro NC '
The United Tribes of North
Carolina sponsors this annual event.
Some of the top Indian policy makers
in the country have spoken in this
yearly event.
The theme lor this year's confe
rence is" A Decode of hdiaa Unity tat
North Carotins: Together, We Make
A Difference."
The public is invited to attend the
conference. Registration for the
conference is 946.00 per person
(senior dttsens and youtk-990.00).
All pre-registration must be received
by March 9. 1990. Late legtotiaUua
for senior citisens and youth in
136.00. AS others k 960.00.
Dr. Onendine has been active in
Indian causes natioaaride. Prom
1977- 1989. he was President of the
Indian Rights Association, and shor
tly after the Indian saiga of Wounded
Knee. SD. he was naked by the
federal government to conduct s
workshop to help reduce tensions
there.
PLMBRojiMrwnr j
UUbti^iW7Mtlw|
Stat* Hotm School 1
for Mian*. StaotWtt |
?(Mpwaf Th*Unl*w I
kity af North CdMfeu*. I
jUmmm retmmmg to PSt/ (Mfo
o* SWiwhn Feb 10 fvr the mutual
Ahtmm Award* Bmtquet received a
? 1 ?
mM mJnm. Dm* norm cM*||
Aimg over tmiy blaowMf tr?*? mm- II
tA? PSUtntnme* 11
11