Durham County detention officer Alexander Pettiway Jr., 55, died last week and his death certificate is very clear about the cause of death: “COVID-19 / acute hypoxic respiratory failure.”
But several days after his death, the Durham County Sheriff’s office won’t acknowledge why he died or give any details on where he worked or if he could have exposed inmates or other staff at the county jail. Spokesman David Bowser said the office can’t discuss the cause of death or details about Pettiway because it is a “personnel” issue and his privacy is protected under the Health Insurance Portability and Accountability Act (HIPPA).
Bowser could only offer assurances that no inmates had tested positive for the coronavirus. He did not say if there had been any changes in procedures following Pettiway’s death. The sheriff’s office and the death certificate conflict on the day of his death: the office says Saturday, and the certificate says Friday.
Last week, the Sheriff’s Office had announced that six Durham County Detention Center staff tested positive for COVID-19, but also declined to say where they worked or how much the workers interacted with others.
The office’s lack of details doesn’t sit well with Durham defense attorney Daniel Meier.
“It’s a huge frustration there is not more transparency,” Meier told The 9th Street Journal. “I get the reluctance to name specific names, but it is important to know as much as we can.”
Along with others, Meier has to go into the jail frequently to visit clients via video kiosks, so he said it would be helpful to know if he had come into contact with any staff that had tested positive. He said he also is frustrated that the sheriff’s office didn’t directly tell local attorneys that staff had tested positive for the highly infectious virus.
Meier said he and other lawyers are criticized for filings asking for relief for clients due to the dangers of COVID-19 in jail, but there isn’t enough information to know that the jail is safe.
“They say it’s not [dangerous], but won’t provide the information for us to know that,” Meier said.
Meier noted that Durham County Sheriff Clarence Birkhead did tell CBS17 last week that one of the six that tested positive worked with inmates and that “a majority of the six employees worked on the first floor of the detention center where intake and booking occurs.”
But official statements from the communications office have lacked those details. The release about Pettiway’s death offered condolences and, without drawing a direct connection, pointed out the steps the sheriff implemented more than a month ago to slow the spread of the virus.
The jail took steps to fight the spread of coronavirus on March 16, including banning all in-person and video visitation, using video kiosks for client meetings and having all first appearance hearings via video conference. The medical staff has been conducting COVID-19 screenings and making masks available to inmates.
Amid coronavirus outbreaks plaguing jails and prisons nationwide, Durham County District Attorney Satana Deberry has worked to reduce the jail population. The jail is well below capacity with only 259 inmates out of a possible 736. Deberry also has worked to cut the state prison population by green-lighting modified sentences for some prisoners.
“The Durham DA’s Office extends its deepest condolences for the loss of Senior Detention Officer Pettiway, a dedicated public servant. Our thoughts are with his family and the entire Durham County Sheriff’s Office,” Deberry told The 9th Street Journal via a spokesperson. “We will continue to review cases individually and make recommendations regarding release conditions based on public health and public safety.”
Two months after prosecutors dropped charges in the death of Durham real estate developer Bill Bishop, his former girlfriend is asking authorities to give the case another look.
Julie Seel says the Durham District Attorney’s Officewas wrong to drop murder charges against Bill’s teenage son Alexander and has written a letter to a host of government officials, including Gov. Roy Cooper and Attorney General Josh Stein, calling for a new homicide investigation.
“Bill deserves better than the horrible injustice of his death, the poor investigation of his death, the poor defense of his death, the poor decisions in his case to throw out evidence, and the poor choice to dismiss charges,” Seel wrote in the letter, which she posted on a Facebook page she called “2 Year Anniversary: The Unresolved Homicide of William “Bill” Bishop.”
Alexander told first responders on April 18, 2018 that he found his father unconscious in an armchair, his dog’s leash wrapped around his neck, with the dog still attached. Bill died a few days later.
Almost a year later, in February 2019, Alexander was charged with killing his father. By October 2019, the judge tossed much of the evidence against him due to sloppy police work, but the case was seemingly proceeding as normal as recently as February, when prosecutors suddenly dropped the charges, citing insufficient evidence.
Seel called for the dismissed evidence to be returned, saying it was “arguably wrongfully dismissed,” and said it should be taken to a grand jury outside of Durham.
“The City of Durham deserves better than the many horrible injustices of their justice system, which is well known and ignored by many of the elected officials and people who have sworn to serve and protect, and yet do nothing,” Seel’s letter reads. “Do something, Attorney General Josh Stein, namely your job.”
The Facebook page has a photo of Martin Luther King Jr. with the quotation, “Injustice anywhere is a threat to justice everywhere”) as well as links to news coverage of the case.
The Durham DA’s Office had appealed the tossing of evidence before it dropped the charges.
In the letter, Seel also called for an investigation into why prosecutors dropped the charges.
In December, Alexander’s attorney, Allyn Sharp, asked the judge to hold Durham County District Attorney Satana Deberry, Huelsman and Assistant District Attorney Beth Hopkins Thomas in contempt for failing to turn over evidence. Sharp also asked for the case against Alexander to be dropped. The charges left all of them facing the prospect of up to six months in jail.
In a Feb. 3 letter, Sharp noted no hearing on the motion was on the calendar, so Sharp accused Deberry of dawdling in scheduling a hearing in which she would need to defend herself. Three days later, prosecutors dropped the charges.
Could prosecutors have dropped the charges to avoid the hearing?
“The timing certainly raises questions,” Daniel Meier, a criminal defense attorney who ran against Deberry in 2018, told the 9th Street Journal in February.
In February, Deberry and Hopkins Thomas declined to comment on the timing of dropping the charges. Sarah Willets, a spokesperson for their office, declined to explain why the charges were dropped beyond that there was insufficient evidence in February and declined to comment further on Friday.
Sheriff Clarence Birkhead announced Mar. 16 that due to concerns about COVID-19, all in-person and video visitation to the Durham County Detention Center is suspended. Advocates from the ACLU, Duke Law, and the Safe and Human Jails Project, among others, are pushing for more changes to protect inmates’ health.
Recent arrivals to the jail will undergo an additional screening for symptoms of COVID-19, and attorneys will only be able to communicate with clients through video kiosks. All first appearance hearings will be conducted by video conference.
These changes will affect all 369 inmates currently housed at the jail.
AnnMarie Breen, public information officer at the sheriff’s office, said the medical staff at the detention facility spoke to detainees about COVID-19, including how the virus is spread and proper hand washing techniques. Detainees are responsible for cleaning their cells, she said, and the jail has an adequate supply of hand sanitizer, disinfectant, and other cleaning products.
“We feel like we’re doing the most that we can to make sure that those CDC guidelines are being complied with,” Breen said.
District Attorney Satana Deberry released a statement Mar. 20 emphasizing that her office has taken steps to reduce the detained population. In February last year, the DA’s office implemented a pretrial release policy that recommends releasing non-violent offenders without monetary conditions.
“As a result of these policies and efforts by judicial officials, law enforcement officers and defense attorneys, the population of the Durham County Detention Facility is already well below capacity,” she wrote.
Last week, her staff began stepping up reviews of the jail population and working to safely release individuals, particularly those who do not pose a public safety risk, are over 60 years old, or have pre-existing health conditions that increase their risk of contracting COVID-19.
Attorney Daniel Meier said attorneys are still allowed unlimited visitation with their clients in jail, and he’s able to meet with his clients 24/7. Instead of meeting in the attorney booths, where attorneys can slide paperwork to their clients, they are now communicating through secure video booths.
The jail has 12 attorney booths but only two video booths. Now that video booths are in high demand for attorneys to meet with their clients, there can be delays, Meier said.
Breen said that remote visitation might even be slightly more popular recently. Usually, she said, because of the costs involved with setting up remote visitation, there was a small fee associated with the service. Right now, the service is free, so many people are taking advantage of remote visitation.
To reduce county jail populations, the signatories of the letter have suggested releasing all individuals over 65 years old, those who have medical conditions that the CDC considers vulnerabilities in this outbreak, pregnant individuals, and others, unless there would be a serious safety risk to the community. They suggested stopping arrests for low-level offenses and issuing citations instead of arrests.
Within the jails, signatories have suggested eliminating medical co-pays, ensuring adequate access to cleaning supplies, and avoiding the use of lockdowns or solitary confinement as a way to contain a potential COVID-19 outbreak.
The signatories have emphasized maintaining confidential access to counsel, which Durham has implemented through the video kiosks available to attorneys and bonding agents, according to Sheriff Birkhead’s announcement.
“I’m not worried because, fortunately, we’ve got a very proactive defense bar. The DA’s office has stepped up and is working with us — so are the judges, the sheriff’s department,” Meier said. “I don’t know how other counties are doing it, but Durham is working together.”
In December, Alexander Bishop’s defense attorney Allyn Sharp made a highly unusual move: she asked the judge to hold prosecutors in contempt of the court, which could put them behind bars.
Much of the evidence against Alexander, a Durham teenager charged with killing his wealthy father Bill Bishop, had been tossed in October after a judge said the lead investigator “invent[ed] facts.”
After that, Sharp filed the December motion to hold the investigator, Tony Huelsman, and prosecutors in contempt for failing to turn over evidence. Sharp also asked that the case be dismissed.
Until then, the case against Alexander seemed to be proceeding as expected, pending an appeal regarding the tossed evidence. Prosecutors had given no indication they were throwing in the towel on the case.
By Feb. 3, no hearing on the contempt motion had been scheduled. In a letter to Judge Orlando F. Hudson Jr., Sharp suggested that District Attorney Satana Deberry was dragging her feet in scheduling a hearing in which she would have to defend herself. If found guilty of contempt, Deberry, Huelsman, and Assistant District Attorney Beth Hopkins Thomas each could face up to six months in jail.
Three days later, prosecutors dropped the charges against Alexander, citing insufficient evidence. They haven’t explained why. Could the charges have been dropped to avoid the hearing?
“The timing certainly raises questions,” said Daniel Meier, a criminal defense attorney who ran against Deberry for the district attorney seat in 2018.
Deberry and Hopkins Thomas declined to comment when asked about the timing. Sarah Willets, a spokeswoman for the district attorney’s office, also declined to expand on why the charges were dropped, saying the office doesn’t comment on cases after they are dismissed.
Unusual moves and delays seeing evidence
Motions to hold a prosecutor in contempt are “exceedingly rare,” according to Durham criminal defense attorney Alex Charns. Meier agreed.
Usually, if prosecutors aren’t turning over evidence, a hearing will be held to discuss why the information isn’t being provided, Meier said.
“If it’s legitimate, everyone moves on,” Meier said. “If there is no good reason, (the evidence) is ordered turned over.”
But in the Bishop case, the typical process seemed to fall apart.
During the initial discovery phase, Sharp noticed many items that prosecutors were supposed to hand over were missing. At a homicide status conference in April, a judge told her to list all 33 of the missing items, which Sharp emailed to prosecutors, according to her contempt motion.
But nearly a month later, she hadn’t received any of the evidence, according to her motion. And when some of it arrived, it was incomplete. In mid-May, when she got police body camera footage, four of 19 body camera footage files she requested were missing.
Sharp asked for the missing files. She got back duplicates of ones she had already received, not the missing ones. She asked again. Those missing videos turned out to be crucial to the case.
Huelsman misrepresented what Alexander said to first responders in the videos in search warrants in three of the four missing videos, Judge Hudson found when he tossed swaths of evidence due to Huelsman’s misconduct.
“It is evident that the District Attorney and/or Investigator Huelsman are deliberately withholding evidence which they know undermines the State’s case, providing items only after they are specifically identified as missing by undersigned counsel, and even then refusing to provide items which clearly contradict Investigator Huelsman’s sworn statements,” Sharp wrote in the motion.
In September, Hudson ordered prosecutors to turn over the complete file.
That still hadn’t happened by December, Sharp claimed in the Dec. 17 motion. Some of the missing evidence included financial documents from Bill’s computer.
After unsuccessfully trying to get a hearing date in January, Sharp wrote a letter to Judge Hudson on Feb. 3 asking him to schedule a hearing on the contempt motion. Three days later, prosecutors filed a motion to drop the charges against Alexander.
Although Meier said the timing raises questions, Charns said he didn’t want to speculate on why the charges were dropped.
Alexander was already free on a $250,000 unsecured bond before the charges were dropped.
“Alexander is grateful to finally be able to move on with his life after the tragic loss of his father and an unwarranted criminal prosecution,” Sharp said in a statement.
Prosecutors had appealed Hudson’s move to toss evidence, but that appeal has become “moot” due to the dropped charges, Willets told the 9th Street Journal.
But charges against him could be refiled later, Willets said, although she declined to comment when asked if prosecutors would continue to pursue charges against him.
Meier said, “The charges could be refiled pretty much whenever the prosecutor wanted to do so. However, it’s very rarely done unless there is some new evidence that comes to light.”
At a hearing in September 2019, Allyn Sharp took down Tony Huelsman with ease.
Huelsman, the lead investigator in the case against Alexander Bishop, a Durham teenager accused of killing his father, Bill Bishop, couldn’t help but stutter when Sharp grilled him about his search warrants. Prosecutors had suggested Alexander plotted to kill his wealthy father, a real estate developer with a $5.5 million estate to which Alexander was one of two heirs, after Alexander said he found him in a chair with a dog leash wrapped around his neck.
His face often flushed red, matching his American flag tie. Sharp, with a smile and piercing blue eyes, just kept grilling him, breaking Huelsman down bit by bit.
Huelsman had sworn in search warrants based on a purchase order that he believed $462,773 of gold bars were missing from Bill’s safe, suggesting Alexander may have had a financial motive for killing his father. But the gold was never actually missing. The purchase order shows Bill had sold the gold, not purchased it, in August 2016.
Sharp didn’t let Huelsman’s sloppy investigating go unpunished in cross-examination at the Sept. 16 hearing.
“It’s your testimony that you didn’t remember noticing the date?” Sharp asked.
“That’s correct,” Huelsman said.
“And that you didn’t find the date relevant at the time?” Sharp asked.
“I did not,” Huelsman said.
Sharp’s interrogation worked. Judge Orlando F. Hudson Jr. tossed swaths of evidence, ruling Huelsman was either “untruthful or showed a reckless disregard for the truth” in his search warrants.
That’s just how the case against Alexander fell apart. Allyn Sharp broke it down. Prosecutors acknowledged as much when they dropped murder charges against Alexander earlier this month, citing insufficient evidence.
Durham County District Attorney Satana Deberry, Huelsman, and another prosecutor had been facing the prospect of a hearing when Sharp charged them with failing to share evidence in the case. Sharp accused Deberry of destroying evidence and Huelsman and/or Deberry of “deliberately withholding evidence which they know undermines” the case against Alexander.
She also accused prosecutor Beth Hopkins Thomas of failing to alert the court that Huelsman allegedly perjured himself.
Three days before prosecutors dropped the charges, Sharp had demanded a hearing on the contempt charges in a Feb. 3 letter after filing the motion in December.
Sharp wasn’t eager to take credit for her victory, though.
“All I did was my job, which was to protect a young innocent man from being wrongly convicted, which was made easy here by the fact the State’s case was based on falsities,” Sharp told the 9th Street Journal.
Through the District Attorney’s office spokesperson Sarah Willets, Deberry and prosecutor Beth Hopkins Thomas declined to elaborate on why the charges were dropped, saying the office doesn’t comment on specific cases after they are dismissed.
Sharp’s nontraditional path to law
Sharp didn’t exactly take a traditional path to becoming a criminal defense attorney.
She received her undergraduate degree from the University of California San Diego in 1998 but didn’t know what she wanted to do with her life. So she went to South Africa, moved in with a Zulu family, and volunteered at a hospice facility for patients with AIDS.
“I wasn’t saving lives there, but I was helping people die peacefully, which was more rewarding than I could have ever imagined,” she wrote on her website. “It was through that experience that I realized I wanted to work in a helping profession.”
She wound up in law school at the University of North Carolina at Chapel Hill, graduating in 2011 and became a public defender in Greensboro, where she worked for two years.
Wayne Baucino, who has been a public defender for more than two decades, immediately spotted her talent in Greensboro. She noticed the little details other attorneys might miss and was dedicated to her clients, Baucino told The 9th Street Journal.
Just six months after becoming an attorney, she delivered the closing argument in a capital murder case. Her client won.
Her experience in South Africa may have made her the attorney she is today.
“If I could use two words to describe her it would be tenacious and compassionate,” Baucino said. “I’ve probably learned more from her about really caring about my clients than I had learned in all my previous years in practice.”
After two years in Greensboro, she became a public defender for felony cases in Durham for three-and-a-half years. She didn’t lose any trials as a public defender from 2011 to 2017 before moving into private practice.
‘She will find things that I suspect other lawyers don’t find’
Sharp’s compassion for clients can be seen in her tenacity. Baucino described how she dives into a case headfirst and looks at every detail with a fine-toothed comb.
“She will find things that I suspect other lawyers don’t find,” Baucino said.
That’s what happened when Sharp defended Alexander, who had been charged in February 2019 with killing his father.
But Sharp was quick to point out what she — and eventually Judge Orlando F. Hudson — saw as misconduct from Huelsman in investigating the case.
Two months after Alexander was charged, Sharp filed a meticulous 20-page motion to suppress swaths of key evidence. Huelsman made false or misleading statements to get search warrants and failed to show probable cause, Sharp argued in the April 2019 motion.
One example of alleged misconduct was Huelsman’s claim in a search warrant that Alexander made “suspicious” online searches in light of his father’s death. Those included searches for the “price of gold per ounce,” “how to transfer bank accounts after death,” and “how to calculate the value of an estate.
Not a great look for the defendant, right?
But Sharp pointed out a crucial detail Huelsman deleted in subsequent warrants. Those searches came after Bill’s death, not before as Huelsman had implied.
“This investigation has been nothing more than a fishing expedition based on Investigator Huelsman’s unsupported suspicions,” Sharp wrote.
Huelsman had claimed Alexander wanted to speak to the EMS supervisor after his father’s death “alone and away from the police” and that Alexander told the supervisor that he “wasn’t going to be upset about his father dying.” That wasn’t what body cameras said.
Alexander Bishop only said that he wanted to speak with the EMS supervisor “in private” — not away from law enforcement — and that he “feels bad that he doesn’t necessarily want [his father] to live,” according to Hudson.
Huelsman did not respond to a request for comment in time for publication.
Sharp pointed out all of these things in the motion and in cross-examination, an area where she shines, according to Baucino.
Her argument landed in court, with Hudson throwing out most of the evidence against Alexander, pending an appeal.
In October, Hudson tossed evidence regarding the “suspicious” searches and the “missing” gold that wasn’t actually missing. Based on Sharps’ motion, the Superior Court Judge tossed Alexander’s supposedly contradictory statements about where he found Bill, along with what Alexander told first responders about how he felt about his father’s death.
By February, prosecutors dropped murder charges against Alexander due to lack of evidence in a stunning admission of their shaky case. Without the tossed evidence, it seems the case was no longer viable.
Sharp told the 9th Street Journal that she can’t take credit for the dismissal.
“This case is and has always been about evidence which was falsified by the lead investigator, who was the only witness to testify before a grand jury in an unrecorded proceeding which led the grand jury to return an indictment,” Sharp said. “Alexander is innocent and should never have been charged or prosecuted.”
In photo at top, Sharp sits with Alexander Bishop at a September hearing on the case. Photo by Cameron Beach – The 9th Street Journal
Allen Jones’ grandson was murdered last year in Burlington. The person charged with killing the 18-year-old and two others had multiple prior violent convictions, including homicide, but was released on probation.
“When he committed armed robbery, it was like this murder didn’t exist,” Jones told the 9th Street Journal. “He got a smack on the hand and probation.”
Now, Jones says he is fighting against policies that he considers to be too lenient on violent offenders. He’s particularly concerned about plea deals for people who have been previously convicted of a violent crime.
District Attorney Satana Deberry’s annual report shows that she relied heavily on pleas for murder convictions — just three of 25 convictions were decided by a jury trial, doubling the previous year’s total number of plea convictions.
Jones took the microphone at a town hall event Thursday to ask about her office’s role in keeping the community safe when releasing violent offenders.
“How can that be of any good to the community?” Jones asked. “How do you all play a part in being responsible for turning that murderer loose back into the community?”
“This is not a science,” Deberry responded. “We cannot predict down the road what’s going to happen. I’m sorry about what happened with your grandson … What I can say is we don’t take any homicide plea lightly.”
During the event held at St. Joseph’s African Methodist Episcopal Church near North Carolina Central University and attended by hundreds, community members, like Jones, questioned Deberry’s progressive stance on prosecution.
In her first year in office, Deberry has discouraged cash bail for lower-level crimes and welcomed less traditional methods such as restorative justice. But she has weathered her fair share of criticism. Half of her staff has changed since she took over in January 2019, with some quitting over disagreements about her approach.
Deberry used Thursday’s town hall to tout her accomplishments from her first year in office, which include:
Prioritizing more serious crimes
Deberry reported a 12 percent drop in the jail population since enacting a policy to no longer seek cash bail for most non-violent misdemeanors and minor felonies. The goal: to not punish people who can’t afford to pay with jail time.
“We don’t want to send people to prison. We don’t think that’s our job,” Deberry said. “We want to reserve the criminal justice system for those people who we don’t really have tools to deal with. Those are the people who commit the most serious crimes.”
Instead of spending more time on lower-level offenses, Deberry said her office has prioritized more serious crimes. Her office got 25 homicide convictions in her first year in office, 10 more than the previous year.
Deberry has prioritized cutting down Durham’s backlog of homicide cases. In one year, she has closed one-third of them.
Calling for cooperation to curb gun violence
Nearly 200 people were shot in Durham last year. At the recent town hall event, Deberry moderated a panel discussing how her office was responding to gun violence.
Officials in Deberry’s office said they have focused on collaborating with law enforcement and prosecuting people who are involved in gangs or “in close proximity to violence.” But they can’t keep the community safer on their own, they said.
Deberry urged witnesses to come forward to help combat gun violence, explaining that her office works to protect witnesses.
“On television … you see people put a bullet into a machine and the machine spits out a mugshot. We don’t have that technology,” Deberry said. “The absolute best evidence in any case is you.”
Implementing alternative practices
Deberry has expanded the use of restorative justice, a practice that voluntarily brings the victim and the accused together to promote healing.
Her office has also expanded referrals to a cognitive behavioral intervention program. This course, which helps people who may have committed crimes improve decision-making, used to be available only after conviction, but now people can be referred before trial.
“Our goal is not just to punish crime, it is to reduce crime. We want people to not come back to the system,” Deberry said.
Deberry’s office also helped wipe $1.5 million in traffic debt that had barred thousands of people from reinstating their driver’s licenses.
At top: Assistant District Attorney Kendra Montgomery-Blinn speaks at a town hall event for the District Attorney’s office on Thursday, Jan. 30. Photo by Corey Pilson
CORRECTION: This story has been updated. An earlier version misstated where Allen Jones’ grandson was murdered.
A defense attorney has leveled a new allegation that prosecutors made serious missteps in the case against Alexander Bishop, a Durham teenager accused of killing his wealthy father, Bill Bishop.
This time, Bishop’s attorney Allyn Sharp accused Durham County District Attorney Satana Deberry of destroying evidence, making misrepresentations to the court, violating a discovery order, and intentionally withholding evidence that would damage the case against Alexander.
Sharp filed a motion in December asking that Deberry, Assistant District Attorney Elizabeth Hopkins Thomas, and lead police investigator Tony Huelsman be held in contempt for failing to comply with their discovery order.
“The District Attorney’s repeated misrepresentations to this Court make clear that the District Attorney’s violations of her obligations and abuses of her authority have been willful and in bad faith,” Sharp wrote in the filing. Being held in contempt could mean up to six months in prison, censure, and fines up to $500, according to North Carolina law.
Sharp prevailed the last time she filed a motion with accusations of misconduct. In October, Judge Orlando F. Hudson Jr. tossed swaths of key evidence after he found that Huelsman made false statements or ones in “reckless disregard of the truth,” and even accused him of “invent[ing] facts.”
Asked about Sharp’s new motion, Durham District Attorney spokesperson Sarah Willets said the office is “committed” to meeting its obligation to turn over evidence in the case and has “made no declaration that discovery in this case is complete,” she told the 9th Street Journal.
Willets declined to comment further on the motion. No date for a hearing on the motion has been set, she said.
Bill Bishop, a real estate developer, was found in his Hope Valley home with a dog leash wrapped around his neck in April 2018, his son claimed. Police quickly focused on Alexander, and the teenager was charged with killing Bill in February 2019. Alexander’s attorneys then filed a routine request for discovery, a process in which the defense receives evidence from the prosecution.
But the teenager’s attorneys contend there were many things missing when they received the evidence. So in April 2019, the Superior Court directed Sharp to provide prosecutors with a list of the 33 “missing or incomplete” items, the filing says. But nearly a month later, Alexander’s attorneys said they had received none of the items.
Among the missing evidence: footage from police body cameras. And when the defense received footage on May 9, 2019, they say they received 15 of the 19 recordings it had requested.
Sharp asked for the missing videos. Instead, she got four copies of videos she had already received. It took another email to get the correct missing videos.
They ended up being important in the case. They showed a conversation between Alexander and a Durham firefighter that Hudson later ruled Huelsman had misrepresented in his search warrants.
Sharp wrote in the new filing that “it is evident that the District Attorney and/or Investigator Huelsman are deliberately withholding evidence which they know undermines the State’s case, providing items only after they are specifically identified as missing by undersigned counsel, and even then refusing to provide items which clearly contradict Investigator Huelsman’s sworn statements.”
Some of the missing evidence from discovery was correspondence between Bill’s ex-girlfriend, Julie Seel, and Huelsman.
Another missing item: information from Bill’s laptop, which Sharp complained about in a May motion for discovery sanctions.
Sharp also alleged that Deberry “destroyed” evidence in the discovery process by changing Huelsman’s titles of documents to new ones that were “often false or misleading.”
Sharp accused Huelsman of perjury after testifying in September that he turned over a complete file when he had in fact not. Hopkins-Thomas, an assistant district attorney, knew he was not telling the truth and had an “ethical obligation” to tell the court and did not, Sharp argued.
Hudson ordered Deberry to produce “complete discovery files” within two weeks in September. They have not yet been provided, Sharp wrote in the Dec. 17 motion.
Other ‘misrepresentations’ and ‘abuses of authority’
Another complaint centers on the “missing gold” in the case. When Alexander was indicted for murder, a judge deemed him to be a flight risk and sealed the indictment based on Huelsman’s claims of missing gold from Bill that seemed to be a possible motive. But the gold was not, in fact, missing.
Sharp also seemingly called into question the sincerity of Huelsman’s belief that Alexander was a flight risk. She said Huelsman waited several days to arrest Alexander after the court sealed the indictment and then arrested him on a Friday so he had to spend the weekend in jail before his first appearance.
Sharp also accused Deberry of using her powers as prosecutor to shop for an inexperienced judge and waiting to tell Alexander’s defense team. She said Deberry failed to put Alexander’s first appearance on the calendar and then sent it to a “visiting, newly-elected judge.” A courthouse deputy had told Sharp that Hopkins-Thomas informed them to bring Alexander’s case to the courtroom where the new judge was, not to Hudson, a veteran judge.
In that courtroom, several media cameras were already put up, indicating that Deberry had told the media — and not Sharp — where Alexander’s court appearance would be. But Hudson switched courtrooms to take the hearing.
Overall, Sharp argued Deberry did all of these things to slow down the case and damage Alexander’s defense.
“The District Attorney has made material misrepresentations to this Court; filed frivolous motions; delayed service of filed noticed and motions and committed repeated frauds upon this Court by certifying otherwise; and abused her calendaring authority with regard to the scheduling of motions in this Court, all in her continuous efforts to delay this case and to prejudice Alexander’s defense.”
(Photo at top of Allyn Sharp, Alexander Bishop’s attorney. Photo by Cameron Beach | The 9th Street Journal)
When you walk into the square gray box that is the Durham County courthouse, you find yourself in a sterile administrative wasteland of brownish stone walls and cold hard floors. You can feel like you’re in trouble even if you’re just there to visit.
But on the eighth floor, in an office nestled in the back, there is a speck of color on Satana Deberry’s feet – bright red Chuck Taylor high-tops. Before she goes to work as Durham County’s district attorney, she laces up those sneakers to complement her pantsuit and her silver hoop earrings.
Satana Deberry does not resemble the district attorneys you see on crime shows or in most cities. She can be stern and serious when the occasion demands it, but she laughs a lot – so much that her staff tracks her location by the volume of her laugh echoing through the halls. (She’s been a stand-up comedian.)
In addition to being a woman of color in a field where 95 percent of elected prosecutors are white and 76 percent are men, Deberry has a unique way of looking at justice. She is the antithesis of the Harvey Dent-style white knight of Gotham City, intent on locking up all the bad guys. She is part of a national movement of new district attorneys working to address mass incarceration and disparities in the justice system by being more deliberate about prosecutions.
With her policies, persona, and personnel changes – she says there’s been a 50 percent turnover in her office since she arrived – Deberry is challenging the status quo. That makes some people uncomfortable, but she is accustomed to that.
She is a queer single mother of three whose birth certificate categorizes her as “negro” and whose great-great-grandmother was enslaved just two hours southeast of Durham in Anson County. She graduated from Princeton and then from Duke Law School. She has never fit neatly into the box of others’ expectations.
The end game is not convictions, the end game is justice
Prosecutors – the real ones as well as the fictional ones like Harvey Dent – often see their work as good versus evil. But Deberry says it’s more complex and she sees people carrying the weight of their experiences when they walk into the courthouse.
That’s a shift in the script for district attorneys, who often vilify criminals in their campaign ads and boast about high conviction rates.
The “tough on crime” era, beginning in the 1980s with policies such as mandatory minimum sentences and truth in sentencing laws, packed the nation’s prisons. The number of people incarcerated has quintupled in the past 40 years, giving the United States the highest rate in the world, with black people incarcerated at more than five-times the rate of white people.
Prosecutors have tremendous power – not just about which cases to pursue, but what the outcome should be. Through plea bargains and sentencing, they have immense control over people’s futures. Deberry looks at her job holistically. “I’m not the police, and there are not many prosecutors offices who will say that,” she said. “My job is to get to the truth.”
She emphasizes that the prosecutor represents the commonwealth. That includes the victim, but it also includes the community and the defendant.
Deberry said she will focus her office’s resources on prosecuting homicide and violent felonies instead of low-level crimes like marijuana possession for personal use. She also implemented a pretrial release policy that enables people to get out of jail on a written promise to appear in court – limiting the use of cash bail – which has led to a 12 percent decrease in the jail population.
“There are a couple of ways you can do this job,” Deberry said, noting that her approach is more difficult. “It’s a lot easier to be tough on crime because you don’t have to think about your impact on people’s lives or on the community. That makes it easier to do the work and it leaves it on your desk… it’s harder to look at each individual case and look at each defendant as a human being.”
Occasionally you can see glimpses of how she has challenged courthouse norms.
During homicide status day – which occurs four times a year to give the judge an update on all of the pending homicide cases – Deberry asked a court deputy to retrieve a defendant from jail so he could hear an update on his case. The deputy refused, arguing that it would cause too much chaos in the courtroom. He said they never brought defendants under the former district attorney. Deberry tensed up, frustrated that he would challenge her authority in open court.
After a lot of back and forth, she eventually got her way. But Deberry was not happy.
“Corporal!” She shouted as he was stepping onto the elevator. When he turned around, she looked him in the eye and said,“When I request a defendant, the defendant comes.”
“It is important that a defendant be present for a hearing pertaining to his rights,” she added.
He replied that he was only doing his job to avoid a disruption and that he reports to the sheriff, not her.
“I absolutely respect what you do in there in terms of safety and security,” Deberry said. “But we need to come to an understanding about who is in charge of that courtroom. When I am standing outside on the steps of the courthouse, I defer to the sheriff. But inside the courtroom, I have the final say as the elected district attorney.”
Back in her office, she told her prosecutors about the incident. “I am slow to offend,” she said while leaning on the door frame, but this had irked her.
Kendra Montgomery-Blinn, an assistant district attorney, agreed with her boss and said that she thinks all defendants should be present for homicide status day. “Otherwise they won’t see the light of a courtroom for like two years,” she said.
Deberry said policies have been easier to change than attitudes. “The interaction with the bailiff today shows that the culture in the courtroom hasn’t changed as much as it should have.”
The 50% turnover in her legal team gave Deberry an opportunity to shift the focus in her office. Most of her hires had been defense attorneys or worked in academia, which Deberry says has brought fresh perspectives.
Not everyone believes her new hires have what it takes.
“Frankly, almost everyone with experience has left,” said Daniel Meier, a criminal defense attorney who ran against Deberry for district attorney in the 2018 primary. “You need people who actually know the system.”
But Deberry says their experience outside the role of prosecutor is precisely what equips them to implement her reforms.
For example, she hired Beth Hopkins Thomas, former juvenile defense attorney and school teacher, to handle all juvenile cases, from low-level nonviolent crimes to homicide.
Together she and Deberry made the decision to stop taking court referrals for school based-incidents because they believe that students’ behavioral challenges are better handled by educators. Kids who are exposed to the criminal justice system often grow into adults who stay in the criminal justice system.
“I was a teacher before I went to law school and I watched that pipeline stem from my school,” Hopkins Thomas said. “Having the ability to say we are not going to be participating in this pipeline is very empowering.”
Meier said that Deberry’s hires, many of whom come from social justice backgrounds, don’t have the right stomach for prosecuting criminals. He pointed to Alyson Grine — a prosecutor for homicide and violent crimes — as an example. “She went from a liberal position – reform the system, fight racial bias – to having to send people to prison for the rest of their lives.”
Deberry said the heavy caseload can quickly tempt her new hires to be more prosecutorial than they expected, so they are constantly having conversations to ask themselves “not only can we prosecute this, but should we?”
“We see horrible things. It is natural as a human being to respond to those.” She said even if the crime is nonviolent, the desire for retribution is often a natural reflex. “And so we really just want to always be double checking ourselves and saying, is our response getting to the truth? Is it fair? Is it just?”
A national movement
Deberry is part of a new movement of progressive prosecutors. They come together frequently through an organization called Fair and Just Prosecution that is trying to redefine the role of district attorneys.
Members have traveled to Germany and Portugal to compare other countries’ approaches to justice. “The number one thing I learned from both of those places — that I already knew but is driven home when you go somewhere else — is how punitive we are in the United States,” Deberry said. “We really like to punish people and we think of that almost as a virtue.”
Deberry is particularly close to Rachael Rollins, the district attorney from Suffolk County, Massachusetts, which includes Boston. Rollins took office the day before Deberry and the two have a lot in common.
“Particularly the black female DAs, we have a text chain we are all in. We like to remain in contact with each other. If somebody has a particularly terrible day, we are there for each other, which is really nice,” Rollins said.
As a woman of color from the rural South, Deberry faced countless obstacles to get where she is today. In high school when she interviewed for a prestigious scholarship at the University of Chapel Hill, she was accused of plagiarizing her essay by one of the committee members. “He just could not believe that a black kid from Hamlet could have written it.”
“I thought I was growing up in an America where I could do anything, but really there were other people making these decisions about what schools I got to go to, and what classes I got to take, even what schools I applied to.” When she decided to apply to Princeton, she got a lot of pushback from guidance counselors and teachers. “There was a lot of discouragement because they thought I was doing something that was ‘above my raisin’.’’’
Both Rollins and Deberry also have family members who have been involved with the justice system. After law school and some time practicing in D.C., Deberry returned to her hometown of Hamlet, North Carolina, and she was asked to defend her cousin who was charged with murder.
“I saw people who I had grown up with involved in the criminal justice system, many of whom had never left and did not finish high school,” Deberry said. “I also saw how, in a community that was not majority black, the criminal justice system is almost entirely black.”
Those experiences are why Deberry balks at comments from Meier, who says she “has a fundamental lack of understanding of the system,” and U.S. Attorney General Bill Barr, who says that the work of progressive prosecutors is “demoralizing to law enforcement and dangerous to public safety.”
“I would say in response to that, they are the ones who don’t understand the role of the prosecutor,” Deberry said.
“I think we understand fully what the discretion of prosecutors has wrought in this country. There was nothing wrong with the discretion of the prosecutor for the hundreds of years in which it was used to marginalize and criminalize people. Now all of a sudden, because people who look like me have that discretion, they want to paint it as illegitimate.”
She makes a similar point when she introduces herself in speeches:
“I am Satana Deberry,” she says. “I am the district attorney of the 16th prosecutorial district… I tell you my name, not because you don’t know it. I tell you my name because every day in this country and this community there are people who go nameless. People who have been failed by one system after another. People who often look like me.”
Update: This story has been corrected with details about Deberry’s office, her Chucks and the role of prosecutor Alyson Grine.
Adam Merritt caught a ride home from work and pulled up to find his house full of cops. Someone had tried to break into the house and shot Merritt’s roommate.
The police told Merritt that his roommate had just left in an ambulance. Merritt wanted to meet him at the hospital, but he couldn’t. His ride already left and his license was suspended.
“They wouldn’t let me in my house, and I didn’t have money for an Uber. I was just cold standing outside with nowhere to go,” Merritt said.
Over a year later, his roommate has made a full recovery. But Merritt still looks back on how frustrating it was to be stuck in front of his house that day. “That was probably the peak point of how not having a license was just awful,” he said.
Merritt’s license was suspended because he never paid a speeding ticket from 2014. He was 19 years old at the time and he got two tickets in the span of a couple months. After going to court once, he thought he had resolved both charges. Three years later, he was pulled over for driving without a seatbelt and found out that he still had an outstanding charge.
According to the Department of Motor Vehicles, roughly one in five adults in Durham County had a suspended or revoked driver’s license in 2018. Almost 80 percent were people of color.
Now Merritt is one of nearly 40,000 people eligible to get their licenses back. The Durham Expunction and Restoration Program was launched a year ago by the city’s Innovation Team, which collaborates with academia, community organizations, and the private sector to research and address social issues in Durham. The “R” of DEAR — license restoration — began under former District Attorney Roger Echols and continued after Satana Deberry unseated him in the 2018 election.
Each charge or conviction revisited must be at least two years old and cannot include high-risk traffic charges, such as DWI or speeding in a school zone. The average case is more than 16 years old.
“I feel like we owe Roger Echols a lot for initiating this, but DA Deberry has been an amazing champion,” said Ryan Smith, project manager of the Durham Innovation Team. “If anything, DA Deberry has leaned more into it.”
Deberry explained that not having a license in a place like Durham is a big deal, especially because the city lacks a reliable public transportation system. “If you can’t drive, you can’t go to work, you can’t take your kids to school,” she said.
After a Durham driver gets a traffic ticket, they receive a court date where they have the opportunity to dispute or ask to reduce their charge. But the fee for appearing in traffic court — not including the traffic fine itself — is up to $188.
“What happens when poor people get tickets they cannot pay? You either don’t show up because you can’t afford it, or you show up and you get hit with the fines and fees and you don’t pay it,” Deberry said. Either option would result in a suspended license.
Since the program started last December, Deberry has been celebrating what she calls the “Year of Jubilee,” meaning a time of forgiveness. In a speech she gave at Duke Law School, she said that DEAR is the most successful initiative that she has ever been a part of.
With the help of a local nonprofit called Code the Dream, DEAR created a website to let people know whether they have benefitted from the mass relief program. Anyone can type in their name and birthday to see if their traffic charges have been dropped or their fines and fees have been forgiven.
Smith, project manager of the Durham Innovation Team, said that his ultimate goal is to expand the program to other counties, especially because people often rack up traffic violations in multiple jurisdictions.
The program is viewed as a success not just within North Carolina but throughout the country. The NC Bar Foundation awarded DEAR the Pro Bono Project of the Year in 2019. What Works Cities — a Bloomberg Philanthropies initiative — also announced in November that it will partner with the Durham Innovation Team to help other cities develop similar programs and reform efforts.
But despite the accolades, DEAR doesn’t have data on how many people actually have gotten their licenses back.
According to Deberry, almost no one shows up to the mass relief hearings. People only know they have had their suspensions lifted through visiting the website or the DEAR office. But Smith said only 1,600 people have searched and found their names on the website so far.
Deberry attributed the disconnect to a publicity issue. “If I don’t read the Herald Sun, the News and Observer, or the Independent, if that’s not the kind of stuff that shows up in my social media feed, how would I know?” she asked.
Merritt also didn’t know that his costs had been dropped. He had no idea the license restoration program even existed until he was directed to the DEAR office by the judge in his most recent traffic court hearing.
Merritt’s drivers license suspension was lifted Oct. 24. “[DEAR] helped me a lot… I just had a baby a couple months ago, and they probably saved me around $800, almost $900,” he said.
But Merritt still has yet to get his license back.
“The DMV is another beast,” said Laura Holland, a DEAR attorney. There is a $65 license restoration fee and another $50 fee if the driver did not mail in their physical license before it was suspended. She said that oftentimes she will help people get all the way to the finish line, and then they’ll say, “Well, I can’t afford to pay that $115.”
Smith calls this the last mile problem.
Another barrier is that the DMV updates its records manually, so there is often a significant delay between when the suspension is dropped and when someone can pay to reclaim their license. “They tell me 48 hours, and I’m like, that’s malarkey. Complete malarkey,” Holland said. “We think it is more like eight months, to be honest with you.”
Merritt went to the DMV last week because he has an interview coming up for a job that requires him to have a license. He said he wants to get a better job so he can support his newborn son. But after waiting in line for several hours, prepared to pay the final fee, they told him his name was not in the system and he would have to come back another time.
While the DEAR program has helped lift thousands of Durham residents’ license suspensions, the city can’t track the number of people who have successfully gotten their licenses back. According to Holland, they plan to request that data from the DMV at the end of the year.
“Those same people who we know couldn’t pay the fines and fees also can’t pay $115 to get their license back, or any of the myriad other administrative hoops that the DMV has created,” Deberry said. “But we wouldn’t have known that if we hadn’t done this. This was a start, and now we’ve got to figure out the next step.”
In photo at top, DEAR attorney Laura Holland works on driver’s license restoration cases. Photo by Erin Williams | The 9th Street Journal
District Attorney Satana Deberry always wears a red beaded bracelet with a little white elephant. On its own, this might seem like an odd choice for a progressive Democrat. But Saturday, as a sea of red sweaters, Greek letters, and all forms of elephant decor filled the conference room in the Durham County Human Services Complex, the bracelet made a lot more sense.
The elephant is the unofficial symbol of the historically black Delta Sigma Theta Sorority, of which Deberry and Durham Police Chief C.J. Davis are both alumnae. The sorority’s Durham Alumnae Chapter hosted a panel discussion called “Sister to Sister: A Talk on Sexual Assault.” The discussion was moderated by fellow sorority sister Jasmine McGhee, who is special deputy attorney general and director of the Public Protection Section at the North Carolina Department of Justice.
Deberry lauded her sorority sisters and fellow panelists for their accomplishments, and emphasized the significance of them holding those positions as women of color.
“The chief and I are unicorns almost,” Deberry said. “It is rare that you are in a jurisdiction in which the chief of police and the district attorney are not just women, but black women.”
She said that this is particularly significant in a conversation about sexual assault in a southern state, where sexual politics have been deeply intertwined with racial discrimination. The history of the American South is rife with the sexual exploitation of black women – free and enslaved – and their inability to access the protections of the criminal justice system. Deberry emphasized that the South is also a place where false accusations of sexual assault have been used to justify the lynching of black men.
Davis said, “Being an African American female in this work I think is quite relevant. I think we are lucky when we have African-American women who don’t just know what they are doing, but they can also make their work personal.”
According to Deberry, black women today are typically those who pay bail, visit people in jail or prison– and are increasingly incarcerated themselves.
“To the extent that the criminal justice system has a customer, it’s black women,” she said.
“But the dirty little secret of the criminal justice system is that black and brown women are also the people most likely to be victimized,” Deberry said. “And we are the least likely, especially when we are children, to be believed.”
In 2017Youth Risk Behavior Survey of Durham Public School students, black high school students were nearly twice as likely as white students to report being raped; Latinx students were almost three times as likely.
The audience included educators, social workers, public health advocates, and survivors of sexual assault. Their questions ranged from what to do in situations when a child is sexually assaulted to how immigrants who are living in the country without legal permission should handle an assault.
Deberry responded that when survivors come through her office, she will not ask about their citizenship status. “It does not matter one bit to us,” she said.
Another audience member asked about the statute of limitations for criminal sexual assault in North Carolina. The panelists said that, unlike other states, there isn’t one.
Before ending the talk, the panelists emphasized this issue concerns men and boys, too.
“We talk about believing women and girls, but also talk to your sons,” Deberry said. While more than one in three women have experienced some form of contact sexual violence, almost one in four men have too, according to the National Intimate Partner and Sexual Violence Survey.
While the audience was mostly women, there were some men too — most notably Clarence Birkhead, the Durham County Sheriff. He was invited to say a few words to introduce the panel and he stayed until the end. “It is a really awesome team of law enforcement officials that you all have here in Durham, with me being right here with them working hand in hand,” he said.
As the panel concluded, Deberry emphasized that her office is working with the Sheriff’s Office and the Durham Police Department to address sexual assault. The Special Victims Unit of her office now works closely with Chief Davis’ Special Victims Unit.
“That has not generally been how it works,” Deberry said. “But that trust goes a long way in getting your cases dealt with.”