Complaint to the NC Bar, 2012, Unanswered, 2 years later

Complaint to the North Carolina Bar, 2012, continued explanation of prosecutorial misconduct of Maury Hubbard, III
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Concealment of Material Facts. – Intentionally encouraging the concealment of material facts relevant to the identity of the driver in a driving under the influence prosecution is prejudicial to the administration of justice. Such conduct raises serious doubts as to the attorney’s desire to bring about a just result in such a prosecution and adversely reflects on the attorney’s fitness to practice law. North Carolina State Bar v. Graves , 50 N.C. App. 450, 274 S.E.2d 396 (1981).

1. One example of how Mr. Hubbard violated the Rules of Conduct through leading the witnesses. The extent to which he does this not only involves dishonesty, but also serious interference with the administration of justice. As the Prosecution only had one witness upon which they based their entire presentation, it was crucial that the jury believe the credibility of the investigators to determine my guilt or innocence, as well as to corroborate with Veronica’s allegations. However, when it came time to testify, the official investigators of the case, Detective Short and CPS investigator Marcel Edwards, could not even remember key elements of the case.

Ms. Edward’s testimony begins on p.378 of the third set of transcripts, (see enclosed). By the time the transcriptionist gets to the second page (379)of the testimony, (document 15)Mr. Hubbard is leading the witness. See lines 4,5, she doesn’t even remember the year in which the case was opened. The farther Ms. Edwards gets into her testimony, the more difficulty she has. (See p.387). Document 16 Lines 5 – 13. In an attempt to save face if the assistant DA is going to salvage Ms. Edward’s credibility, he asks the Court, “may she retrieve her bag?” She then goes down, comes back up with some notes. Then, on line 16 he asks to approach the witness. At this point, he sits down on Ms. Edward’s arm rest, and begins pointing at the places he wants her to read. We never hear real testimony by the witness. Hubbard is leading the investigator the entire time. He obviously does not trust the witness to speak for herself, which keeps the juror from hearing from the real witness.
The jurors then are not able to be allowed an unbiased chance to evaluate her testimony. He even comments on and admits to her having complete access to her notes, lines 19-23:
Referring to your-your notes of your interview with Veronica, does that refresh your recollection as to any details that Veronica provided about what happened to her during the course of – of the interview? Yes, very much.

On the next page, he clearly has created “a pattern of Asking improperly Leading Questions,”(State vs. Collins, Forrest Scott, S. 058537) See p. 387, Line 25, p. 388 lines 1-25
And did she provide more information than what you just told the jury? Yes. Would you relate to the jury having refreshed your recollection what – what she actually told you? Veronica stated that approximately three years ago when she lived in Pennsylvania….She stated that it took place six or seven months after I think she had arrived in North Carolina. (Lines 11-13) Ms. Bailey: I’m going to object to her reading her notes to refresh – The Court: Sustained.
Clearly one can see the impropriety of Mr. Hubbard’s line of questioning. It is a point of fact that Ms. Edwards goes to her bag to retrieve her notes. There is no way this information was part of the submitted evidence. Stating precedent in (People vs. Parks (1971) 4 Cal.3d 955, 960-961), “Statements which have no independent basis of admissibility may not be introduced under the guise of refreshing a witness’ memory.” If it is necessary to refresh the memory of a witness through the use of a prior recorded statement, that statement should not be read aloud before the jury,(State vs. Collins, p.13)
We can see that the witness’ credibility is going downhill, and she continues to read from her notes, and the Court on line 18 of the same page directs her to “Summarize”. This continues on p. 389, as Mr. Hubbard asks a second time to approach the witness, line 9. At this point, he leans over Ms. Edwards and points to where he wants her to read, Line 11, Referring you to your- to this portion of your report…

It is quite unlikely that Mr. Hubbard could have gotten the same information from Ms. Edwards had he not been leading and directing. It was if he were testifying for Ms. Edwards, as she mainly recited what he pointed to her to read, instead of allowing her to exhaust her own personal memory. This goes beyond harmless error because Mr. Hubbard’s intention was to simply repeat earlier testimony that would inflame or incite the jury, rather than furthering the cause of justice. Mr. Hubbard’s persistence in having Ms. Edward’s simple recitation of what was already stated previously deprives me of my 5th Amendment Right to due process, which equates to “fundamental fairness”. That includes the right of having a person or panel making the final decision over the proceedings be impartial in regards to the matter before them.

…to be continued…..

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Ready to take a stand against CPS in North Carolina

Hello, all.
Rochelle here.
I would like to give you an update on where I stand on this.
There is deep anger inside of me at being failed by a system sworn to protect its citizens, where people are supposed to be innocent until proven guilty, and where there is liberty and justice for all. That is far from the truth, and it is happening right under your noses.
Because of my strong faith in a loving God, and an understanding of the purpose of suffering in the lives of humans, I continue on.

After one year of extreme suffering over the loss of my family, my step-children, the trauma induced on my own two children, and the destruction of both my and my husband’s good name, Daniel and I discussed a divorce, for many reasons relating to his more or less life sentencing. After five months of further deliberations and much sadness, we wrote it up through the prison system. That did not change my love for him, it actually has strengthened it, as I have had to deal with so many struggles and pain from being abandoned as a single mom with no income or way to survive after what happened. I learned to rely on God, and had to go through the many stages of grief. As my sons come to terms with the abuse by their step-siblings, and the family’s destruction, they are also having to deal with their own loss of self, as my oldest step son abused him as he had been abused at his mother’s home, and we are not sure yet who all was involved in this sad atrocity.

We were not perfect, but we gave everything we had to raising these children, even with all of the trauma and abuse they came into my home with, and then perpetrated on my own children, as well as the manipulation and trauma and abuse I received from them. I understand suffering much better now, and can love these children who are now young adults, in a much more profound way, tempered by love of an unconditional God and through decades of work as a medicine woman, healer, and in working with the abused.

These past four years since the allegations started have been the most crucial, however. I must admit that the suffering, anguish, loss and poor treatment by professional men and women in many arenas, such as car repair, as landlords, teachers, mental hospital workers for my younger son, the prison officials and guards,  the lawyers both for the defense and the state has taught me a great deal. I have become more calm, patient, understanding, gentle and soft spoken.  I am MUCH more aware of the pain of others than I even thought I was capable of as an empath, and I have a much better understanding of how being an adult with autism, Asperger’s  – deeply affects how I view people and the world. I am much more compassionate towards my own boys with autism’s needs, and work harder than ever to be affectionate, aware and an active listener. When they destroy my things, hit me or cry out, “How can you tell me to love them after what they’ve done to us?” I cry and tell them they must understand that someone did these things to them, as well. Understanding a wrong does make it go away, just a little easier to carry through this life.

The biggest gift that I can share with the world is now being free from fear.

I no longer fear the lawyer with the $100k salary who threatened two already frightened and exhausted parents with the world against them. Nor do I fear the CPS director with the same salary, nor the two people below him who were angry, subjective women with a vendetta against men. I have talked to a few people about taking care of my boys, 12 and almost 14, should something ‘accidental’ happen to me. I’m doing my best to prepare whereas I was taken unawares and unprepared, trusting and naive before.

As a result, I am working to learn all I can about how to file a class action law suit, how to do legal research, and get to the truth of how to fight injustice, especially North Carolina, as that is my true home, and where I spent the majority of my life. I love the mountains of NC, and hope to have a permaculture based school there for special needs’ children. I had just started my Masters in Special Ed when this happened in 2009.

So, if you are someone who has truly been abused by CPS, especially men falsely accused in North Carolina, or you do pro-bono work, or know how to find someone who has knowledge of how to fight this system, please email me at chicanogets113years@gmail.com

If you are someone who feels ashamed, sad, hurt or abused by this system, and just want to talk, I am here.

In the meantime, I wrote a formal grievance to CPS in Guilford County two weeks ago, and I am going to start the research for legal retribution for the wrongs they’ve committed, even if I have to represent Daniel and I by myself. I will no longer rest while reading stories of how poor and middle class people’s families are being destroyed to line others’ pocket books. I will start posting segments of this grievance tonight.

Thank you for all who stop by, and for those who pray for all of us.

For those who are spying on me because you are guilty of destroying my family, I pray for you, as well. My God is the judge in the end, and offers a more lasting consequence than any you could lash upon this tired body.

Blessings and love,

Rochelle, Atsila Agisdii, Fire Eater – One who eats the pain of others