Tuesday October 20, 2009 | Mecklenburg County Public Defender

October 19, 2009 at 9:21 am | Posted in Coming Up | 8 Comments

We have recently done shows looking at the legalization of drugs, the war on drugs and on sentencing reform in our region and we generally examined the point of view of law enforcement. Today we invite the public defender of Mecklenburg County to the program to hear his point of view. Kevin Tully’s office defends drug users, dealers and many other citizens who may or may not be guilty. We’ll look at the other side of the court system.
Guests
Kevin Tully
– Public Defender, Mecklenburg County
Gregory Tosi – Assistant Public Defender, Mecklenburg County
Jason St. Aubin – Assistant Public Defender, Mecklenburg County

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  1. […] the article here: Tuesday October 20, 2009 | Mecklenburg County Public Defender … Share and […]

  2. Does the PD’s Office have an opinion of whether – compared to other big city criminal justice systems – Mecklenburg’s is run efficiently? What would be their single most important recommendation to improve it?

  3. Great show, very informative!

  4. You’ve covered everything about the criminal justice system but its affect on the victims. This is the element so often ignored.

  5. The year was 1995, the month was September. I was assaulted by three white police officers from the Huntersville Police Department (Huntersville, North Carolina is a small area just outside of Charlotte NC) to cover for this assault the officers while I was handcuffed planted evidence (drugs were planted by detective T.D Oakes to be exact) on me to wrongfully arrest me by alledging I was selling drugs which led to my being arrested( the officers names were Bennett, O’Cain, and T.D Oakes). I was also alleged to have assaulted all three armed police officers not once during this encounter, but twice. I was never maced, or fired upon by any of the three officers…totally unbelievable in reference to their accounts of the assaults I allegedly committed against them.

    This wasn’t just a case of wrongful arrest it also became a case of wrongful prosecution, perjury (on behalf of the officers), wrongful imprisonment, as well as not receiving a fair trial. It was during my trial testimony,that I wasn’t able to explain to the jury how I was assaulted, and how the officers planted false evidence upon me to cover for their assault. It was during my testimony the judge interrupted me, asked the jury to be dismissed from the courtroom. It was once the jury exited the courtroom the judge stated to me “You cannot insinuate the officers planted evidence upon you”, I stated to the judge “Your honor I’m not insinuating, I’m telling this courtroom the truth as to what really happened”…the judge responded “Did I make myself clear that you can’t insinuate officers planted evidence upon you”, I responded hesitantly feeling intimidated ‘I guess, yes”. I had no testimony to give to clear myself, to add insult to the wrongful arrest, wrongful prosecution, a person who had been excused from being on the jury during the process to pick jury members was allowed to go out to eat with the chosen jury members & discuss my case, in which she influenced the jury as to her feellings/belief I was guilty of the allegations against me. I personally believe she was picked by someone to help obtain a wrongful conviction; she never left the courtroom after she wasn’t selected to become a part of the jury. This matter was brought to the judges attention, my court appointed attorney asked for a mistrial based on this, the judge denied the request. The jury, without my testimony that would have brought attention to the truth as to what happened, found me guilty. I was wrongfully sentenced to 10-12 months in prison. Through my disappointment with my court appointed attorney, I was given another who wrongfully, & untruthfully filed my appeal not based on the unselected jury member’s actions, nor based on the judge’s refusal to grant a mistrial based on the unselected juror’s actions & possible motives, not even in reference of the judge refusing to allow me to give testimony as to what really happened on the day/night in question..he falsely filed an appeal on my behalf in which he stated I felt my conviction was wrongful because I admitted the alleged drugs found upon me were mine, however they were for my personal use not for sale. I’ve never used cocaine in any form or capacity ever….Due to this intentional false filing with false statements on my behalf, my appeal was denied…I was left to serve a wrongful conviction. I stated only to Mr. Tully when he contacted me while I was incarcerated (prison) @ The Goldsboro NC facility that he needed to schedule a visit with me so I could explain to him the wrong that happened to me that night as well as during my trail. Mr. Tully stated “I dont need to come visit you I will file the appeal”, I stated to Mr. Tully “How can you file an appeal on my behalf if you know nothing of the case nor on what grounds you should be filing this appeal”.. Mr. Tully’s response was “I’m the attorney I will handle this”..my response was “Mr Tully if you cant visit me to see how Ive been wronged, you need not file anything on my behalf & I request that you seek someone esle to properly respresent me, Im an innocent man serving time in prison”… Mr. Tully then hung up the phone. I called the Public Defender’s office several times after this incident to seek proper counsel, my calls were never returned or not accepted when I called collect. I never heard from Kevin Tully again until I recieved my appeal package while still in prison. You can only imagine my shock & horror upon reading what Kevin Tully had falsely stated I stated to him in regards to what grounds he filed my appeal. I called his office several times after recieving this package of lies, he never returned my calls. This at the time court appointed attorney Kevin Tully is now the Public Defender for Mecklenburg County. He shouldn’t be allowed to practice law any further for his false appeal statements he filed on my behalf, as well as should be arrested,due in part it is known he filed lies in reference to the amount of hours he spent on my case, cheaying the state out of money. I wrongfully, unlawfully spent the next 10 months of my life in a North Carolina prison as well as years of probation after my release from prison.

  6. The year was 1995, the month was September. I was assaulted by three white police officers from the Huntersville Police Department (Huntersville, North Carolina is a small area just outside of Charlotte NC) to cover for this assault the officers while I was handcuffed planted evidence (drugs were planted by detective T.D Oakes to be exact) on me to wrongfully arrest me by alledging I was selling drugs which led to my being arrested( the officers names were Bennett, O’Cain, and T.D Oakes). I was also alleged to have assaulted all three armed police officers not once during this encounter, but twice. I was never maced, or fired upon by any of the three officers…totally unbelievable in reference to their accounts of the assaults I allegedly committed against them.

    This wasn’t just a case of wrongful arrest it also became a case of wrongful prosecution, perjury (on behalf of the officers), wrongful imprisonment, as well as not receiving a fair trial. It was during my trial testimony,that I wasn’t able to explain to the jury how I was assaulted, and how the officers planted false evidence upon me to cover for their assault. It was during my testimony the judge interrupted me, asked the jury to be dismissed from the courtroom. It was once the jury exited the courtroom the judge stated to me “You cannot insinuate the officers planted evidence upon you”, I stated to the judge “Your honor I’m not insinuating, I’m telling this courtroom the truth as to what really happened”…the judge responded “Did I make myself clear that you can’t insinuate officers planted evidence upon you”, I responded hesitantly feeling intimidated ‘I guess, yes”. I had no testimony to give to clear myself, to add insult to the wrongful arrest, wrongful prosecution, a person who had been excused from being on the jury during the process to pick jury members was allowed to go out to eat with the chosen jury members & discuss my case, in which she influenced the jury as to her feellings/belief I was guilty of the allegations against me. I personally believe she was picked by someone to help obtain a wrongful conviction; she never left the courtroom after she wasn’t selected to become a part of the jury. This matter was brought to the judges attention, my court appointed attorney asked for a mistrial based on this, the judge denied the request. The jury, without my testimony that would have brought attention to the truth as to what happened, found me guilty. I was wrongfully sentenced to 10-12 months in prison. Through my disappointment with my court appointed attorney, I was given another who wrongfully, & untruthfully filed my appeal not based on the unselected jury member’s actions, nor based on the judge’s refusal to grant a mistrial based on the unselected juror’s actions & possible motives, not even in reference of the judge refusing to allow me to give testimony as to what really happened on the day/night in question..he falsely filed an appeal on my behalf in which he stated I felt my conviction was wrongful because I admitted the alleged drugs found upon me were mine, however they were for my personal use not for sale. I’ve never used cocaine in any form or capacity ever….Due to this intentional false filing with false statements on my behalf, my appeal was denied…I was left to serve a wrongful conviction. I stated only to Mr. Tully when he contacted me while I was incarcerated (prison) @ The Goldsboro NC facility that he needed to schedule a visit with me so I could explain to him the wrong that happened to me that night as well as during my trail. Mr. Tully stated “I dont need to come visit you I will file the appeal”, I stated to Mr. Tully “How can you file an appeal on my behalf if you know nothing of the case nor on what grounds you should be filing this appeal”.. Mr. Tully’s response was “I’m the attorney I will handle this”..my response was “Mr Tully if you cant visit me to see how Ive been wronged, you need not file anything on my behalf & I request that you seek someone esle to properly respresent me, Im an innocent man serving time in prison”… Mr. Tully then hung up the phone. I called the Public Defender’s office several times after this incident to seek proper counsel, my calls were never returned or not accepted when I called collect. I never heard from Kevin Tully again until I recieved my appeal package while still in prison. You can only imagine my shock & horror upon reading that Kevin Tully had falsely stated I stated to him “I admitted having dugs, but I wasn’t selling them they were for my personal usage” I can testify under oath while attached to a polygraph machine that I have never ever used any type of drugs in my entire life, have never even smoked cigarettes, but Kevin Tully stated this blatant lie to the NC Court of Appeals on my appeal…… that I admitted to smoking crack cocaine & based of this “Blatant Lie” Kevin Tully filed my appeal was rejected. I called his office several times after recieving this package of lies, he never returned my calls & nearly los my mind alone for having been assaulted by the officers & having them plant evidence on me, but to have a court appointed attorney file these lies to a court & state this is what i told him nearly made me commit suicide. I had no rigtht being in that prison let alone having someone who was supposed to defending my innocence file a false appeal filled with lies I never said referencing drugs i’ve never used nor did I have in my possession for sale. This at the time court appointed attorney Kevin Tully is now the Head Public Defender for Mecklenburg County. He shouldn’t be allowed to practice law any further for his false appeal statements he filed on my behalf, as well as should be arrested,due in part it is known he filed lies in reference to the amount of hours he spent on my case, cheating the state out of money. I wrongfully, unlawfully spent the next 10 months of my life in a North Carolina prison as well as years of probation after my release from prison.

    We have sent this information as well as all facts to the Department of Justice on behalf of the client who this story pertain to….due to the possible ramifications this person may endure…….we at this time will wait until the Department of Justice brings these facts before a judicial proceeding, so Mr. Kevin Tully can then stand before the court & the man he wrongfully allowed to remain in a united States prison & almost caused this person to commit suicide due to this injustice.

    It shows a testiment to a man’s courage who can endure such a tragedy & not take his own life, yet it also shows the cowardly acts of all those involved to disallow a man proper Justice & due process & then act as if they have done nothing wrong.

    Comment by NAGDAAA Founder — October

    • I’m so sorry to hear that. I hope if what u say is true then I hope him and the 3 officers will stand in court before u one day for justice. It’s sad how ugly people can be.

  7. Fabulous. I agree.


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