Katy's Conservative Corner

A Prayer Request For Heidi

 Your blogger and her young son just returned from a nice dog walk, in this beautiful weather today.  On that walk, she met a nice woman named Heidi who was with her grandson, just a little older than our Bobby.  

She got into a car that I'd noticed around a lot lately, most specifically because it had a sticker noting that she'd lost a loved one to a drunk driver.  Things like that hit your blogger hard, and she prays that nothing like that will ever happen in her family.

After Heidi got into her car, KCC told her "I'm so sorry for your loss."  Heidi started to cry, as it had not even been one year since her son was killed while leaving a hockey game.  

On April 27, 2009,  he was on his way home and a drunk driver killed him and left him for dead.  

Heidi said  authorities didn't find her son's body for  three days.  Just his smashed up car, she told this blogger, through her tears.

 Your blogger often wonders why people STILL drink and drive, after all these years.  The data is clear.  Drinking and driving kills.  Mothers Against Drunk Driving  (MADD) has been around seemingly "forever" telling these same sad stories.  Yet people continue to commit these offenses.

Heidi's son's killer only received 23 months in prison and will probably serve 1/2 of it. These days, you get 1 day off for every day you serve with "good behavior" due to prison overcrowding.  Therefore, this idiot can get out again and do the same thing.

(Personally, KCC has a zero tolerance policy.  It's not worth it for this writer to have even one single drink and then drive.  The costs could be too great.)  

 KCC told Heidi that she would be in our prayers tonight.  But we have another request.  

Please keep Heidi in your prayers, too.  She's lost a huge part of herself and her world.   Please pray that Heidi will be comforted in her loss, especially with the month of April and that horrible anniversary coming up.

Please remember all those who have been victims of this horrible tragedy and be safe on the roads this weekend.

Readers, thank you for allowing KCC to step off the political plank just for a moment today.

Jackson for NC Supreme Court

 

At Saturday evening's NC GOP Hall of Fame dinner, your blogger was pleased to see that Judge Barbara Jackson is throwing her hat into the ring for North Carolina Supreme Court.  

Judge Jackson hopes to become Justice Jackson by continuing her trend of fair and impartial rulings that she brought to the North Carolina Court of Appeals six years ago.  She's well liked among her colleagues, on both the right and left, and  she'll make an excellent justice.

She is running for one of the open seats on North Carolina's highest  court, vacated when President Obama made appointments to the Federal bench.  Your blogger will bring you more soon.  Meanwhile, keep Judge Jackson in mind when you plan your fund-raising in 2010.

Like your blogger, Judge Jackson is a fellow of the North Carolina Institute of Political Leadership and KCC proudly endorses her for this high office.

Phil Berger Renews Call for Special Prosecutor for Easley

Senate Republican Leader Phil Berger (R-Rockingham) renewed his call, Wednesday, for the appointment of a special prosecutor to investigate possible criminal violations involving former Democratic Governor Mike Easley, former first lady Mary Easley, and others.  These investigations involve not only the appointment of Mary Easley to her position at N.C. State University but also flights taken by the Easleys and paid for by campaign donors in violation of campaign finance laws, the “lost” travel records of former Governor Easley from his tenure, and the Cannonsgate land deal.  Former Governor Easley served in the position from 2001-2009 and served as Attorney General from 1993 to 2001.  

 

Under North Carolina law, there is no statute of limitations on felonies related to public corruption.  However, federal law sets the statute of limitations at five years on these felonies.

 

“The Attorney General’s failure to carry out his duties and appoint a special prosecutor is a cause for concern for all North Carolina citizens,” Berger said. 

 “With our state’s recent history of political corruption, with the close political connection among state Democratic elected officials, and with the public interest and concern about these issues, Attorney General Roy Cooper must act immediately to ensure that no instances of public corruption go uninvestigated or unprosecuted.  Public officials must be held accountable when they break the law – the federal statute of limitations should not be a get out of jail free card.  A special prosecutor can work with the F.B.I. and the U.S. Attorney’s office to ensure that violations of state law will not escape review. The failure of the Attorney General to appoint a special prosecutor makes it likely that violations of state law will go unpunished.”

Editor's Notes: Your blogger refers to Sen. Phil Berger as the "Good Berger", as opposed to Sen. Doug Berger (D-Franklin) who is the "Bad Berger".  

NC Senator Phil Berger represents the 26th Senatorial District.  He can be reached at:

Phone Number: (919) 733-5708 

Address: 

1026 Legislative Building

NC Senate

Raleigh NC 27601

Stam: Stop Playing Games with Criminals

Tuesday Morning, House Minority Leader Paul Stam (R-Wake, left, photo by John Edwards-Franklin Co GOP) discussed his legislation regarding the Exclusionary Rule and what it means to you. 

Because your blogger is not an attorney, but merely plays one on TV, she posts the text of Stam's speech.  He explains it better than she ever could.

Stam wrote:  The Exclusionary Rule requires that some relevant and material evidence against murderers and drug dealers be suppressed. In 1914 Federal Courts started hiding evidence from juries. In the 1960s they forced this rule on the states.

In 1984 the U.S. Supreme Court decided that if the police in good faith obtained evidence that for some technical reason was acquired illegally the jury should still hear and see it.   On January 14, 2009 the U.S. Supreme Court reaffirmed the “Good Faith Exception” in Herring v. United States. 

Chief Justice (John) Roberts said:

“Petitioner’s claim that police negligence automatically triggers suppression cannot be squared with the principles underlying the exclusionary rule…  In light of our repeated holdings that the deterrent effect of suppression must be substantial and outweigh any harm to the justice system…we conclude that when police mistakes are the result of negligence such as that described here, rather than systemic error or reckless disregard of constitutional requirements, any marginal deterrence does not “pay its way.”  In such a case, the criminal should not “go free because the constable has blundered.” 

In 1988 our North Carolina State Supreme Court rejected this common sense exception for evidence obtained in good faith. 

In dissent Justice (later Chief) Burley Mitchell (left) said:

"By refusing to permit the introduction of evidence seized by officers acting in the honest belief that a court order authorizing its seizure was lawful, this Court gives much greater protection to criminal defendants than they have been given by the Supreme Court of the United States."  (State v. Carter)

What does the Exclusionary Rule mean to you?

As in Carter, if your 78 year old grandmother were raped and kidnapped but the criminal's blood to identify him was drawn with the wrong piece of paper in hand (a non-testimonial identification order instead of a search warrant), your grandmother might have to endure two trials instead of one in order to convict this vicious criminal.

It means that your neighborhood drug dealer stays on the streets. 

This issue impacts your life.   It is time to stop playing games with criminals.

In 2003 and 2005 I introduced bills to revise the Exclusionary Rule (2003 House Bill 564, 2005 House Bill 1439).  Each time the House Democratic leadership blocked them. This year we require action.
 
I have now introduced HB 4 entitled “Good Faith Exception/Exclusionary Rule” limiting exclusion to that required by the Constitution. It invites the Supreme Court of North Carolina to join the rest of the country in adopting this common sense good faith exception. 

Editor's Note:  The bolding and underlining are added by your blogger and were not originally part of Rep. Stam's press release. 

Additionally, even if you do not understand every part of this bill, your blogger encourages you to contact you state House member and ask him or her to support HB 4.  Calls and letters (rather than e-mails) work best. 

Even Democratic liberals listen.  They value their seats in the NC House and they wish to stay there.  If they feel enough "heat" coming from their constituents, they could change their vote to support Rep. Stam's bill.  Naturally, please be polite and respectful.

You may like to take advantage of these resources, all in PDF. (You'll need Adobe Acrobat Reader to view them.  If you do not have it installed on your computer, download it here.)

Download 2003 House Bill 564pdf

Download 2005 House Bill 1439

Download 2009 House Bill 4

Download Exclusionary Rule Memo

Download State v. Carter

Download Syllabus - Herring case

NC Sex Offender/Illegal Immigrant Receives Get Out of Jail Free Card

A high-risk, 18-year-old sex offender in North Carolina may soon be a free man — because he is an illegal immigrant and the state has determined it cannot pay to put him in a treatment facility.

Read the entire, sickening story, here, on the Fox News website.

Hat Tip: Dalton Stanley @NCConservative on Twitter

The Conservative Bob Hunter's New TV spot

The Conservative Bob Hunter has a new TV spot.  He's running for North Carolina Court of Appeals against John Arrowood, who is being backed by homosexual groups nationwide.  Arrowood was appointed quietly by lame ducky, Gov. Mike Easley. 

Check it out below and remember to go all the way to the bottom of the ballot and vote Bob Hunter, NC Court of Appeals for the "Arrowood Seat".

Editor's Note: There is another "Robert Hunter" serving on this court.  Thus we refer to the Arrowood challenger as "The Conservative Bob Hunter" .

Lawsuit filed in Pitt County to stop illegal campaign practices by national political committee

COURT SET OCTOBER 10th HEARING

GREENVILLE, N.C.—The Pitt County Republican Party and an aggrieved voter have filed a lawsuit today in Pitt County Superior Court against the Democratic Legislative Campaign Committee ( a Washington, D.C. based “527” ) and the DLCC North Carolina PAC (a North Carolina “Campaign Committee.”) The lawsuit accuses the 527 D.C. based organization and the NC PAC of engaging in illegal campaign activities.

Specifically, the lawsuit alleges that the NC PAC is really the alter ego of the 527 D.C. organization. The 527 D.C. organization accepts and spends corporate contributions, which are unlawful for North Carolina political committees. The lawsuit also alleges improper reporting and failure to report by the organizations.

The lawsuit also alleges the unlawful activity of “giving in the name of another,” a crime which ultimately led to the incarceration of former Speaker Jim Black. It is noteworthy that Jim Black was at one time the Finance Chairman of the 527.  The lawsuit is asking a Pitt County Superior Court Judge to enter an injunction prohibiting the 527 and its alter ego from making expenditures in this year’s election.

Kieran J. Shanahan, (left) Principal of the Shanahan Law Group, who is serving as legal counsel to the Plaintiffs said: “The injunction sought in this lawsuit is essential to the voters in North Carolina if we are to have a fair and honest election conducted on a level playing field.” Shanahan further stated: “It is regrettable that the Board of Elections has ignored its own staff’s warnings about this situation and that it has failed to act to protect the integrity of the voting process in North Carolina.”

Some of the charges in the lawsuit include:

* That the Democratic Legislative Campaign Committee, which is based in Washington, D.C., accepted corporate contributions and illegally transferred them to the DLCC North Carolina PAC in an effort to influence legislative elections in North Carolina.

* That the Washington D.C. based Democratic Legislative Campaign Committee failed to properly file any disclosures with the N.C. State Board of Elections.

* That the Washington D.C. based Democratic Legislative Campaign Committee raised and accepted money in its name, then transferred the money to the DLCC North Carolina PAC as contributions purportedly under the original contributor’s name.

Kimberly (Kim) Hendrix, the Plaintiff suing as an aggrieved voter, said: “The people of North Carolina are tired of folks from outside of North Carolina trying to influence our elections. And, if you are going to get involved, you need to play by the rules.”

THE COURT HAS SCHEDULED A HEARING ON PLAINTIFF’S MOTION FOR PRELIMINARY INJUNCTION ON OCTOBER 10 IN THE PITT COUNTY COURTHOUSE, GREENVILLE, NORTH CAROLINA.

New Bern Man Pleads Guilty to Drug Conspiracy

United States Attorney George E.B. Holding announced that in federal court on September 11,,2008, THERON JERMAINE THOMPSON a/k/a “Freak”, 34, of New Bern, pled guilty before Chief United States District Judge Louise W. Flanagan.

THOMPSON pleaded guilty to a Criminal Indictment charging him with conspiracy to possess with intent to distribute more than fifty (50) grams of cocaine base (crack), possession with intent to distribute more than five grams of cocaine base (crack) on or around August 8, 2006, March 10, 2006, and September 3, 2006, and also distributing a quantity of cocaine base (crack) on March 10,
2006.

THOMPSON admitted in court to participating in the drug conspiracy from September 2005 to January 2008, the date of the Criminal Indictment returned against him. THOMPSON faces up to life imprisonment, a fine of up to $4,000,000, and 5 years of supervised release following his term of confinement. Sentencing is scheduled for the December 1, 2008 term of court.

In response to this case, Mr. Holding stated, “The dedication of our state and local law enforcement continues as they seek to identify and apprehend drug traffickers in our communities. Without their assistance, federal prosecution would not be possible. Our gratitude for their hard work and tireless efforts many times go unnoticed. This is an excellent opportunity to showcase their fine work and thank them for it.”  targeting multiple mid-level drug traffickers located in and around the New Bern area. Assistant United States Attorney Joshua Royster served as the prosecutor for the government.

Editor's Note:  KCC thanks the attorneys, police officers and staff, and all others involved in putting this scumbag away.  Your blogger always appreciates anyone named "Freak" being put away! 

The people who worked on this case do not get the press they deserve, nor the gratitute they have earned.  Please keep them in your prayers each night as they keep the streets safe for people like us.

NC Institute for Constitutional Law Fighting the Good Fight

Hail to the NC Institute for Constitutional Law  (NCICL) for its great work on challenging the illegal enactment of the North Carolina Education Lottery.   

Katy's Corner salutes Bob Orr, and Jeanette Doran for their superior courtroom battle skills.  Could this case affect future significant legislative procedures?

Thank you also to Art Pope, whose generous support continues to permit NCICL to fight the good fight.