QUOTE OF THE DAY: "Also testifying at Sharpe’s hearing Thursday was a nationally known criminal defense lawyer, Joe Cheshire. He said as he read the transcripts from the case, after the family asked him to, it was like reliving a nightmare. “It [1994] was a time before open file discovery. It was a time before police officers kept notes. It was a time before police officers were held accountable for any of their actions. It was a time of trial by ambush,” he said. Cheshire believes that had the jury heard Gilliland give her opinion that Frazier’s testimony was medically and scientifically impossible, there would have likely been a different outcome. Later, Cheshire said he came to he came to the trial because he has trouble with innocent people being in prison."
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PUBLISHER'S NOTE: This case is a horror story. How a prosecutor could have even laid the charge on the basis of this then-14-year old (the state's only witness) just baffles me - as does the fact that the former medical examiner appears to have based her original opinion on this witness's original testimony - as opposed to scientific evidence. But most of all, the thought that the police officer may have pressured the 14-year-old to make a false identification takes this prosecution far over the line - especially when you think that 44-year-old Dontae Sharpe spent 24-years in prison before being freed. Kudos to criminal defence lawyer Joe Cheshire, and to lawyers Spencer Parris and Theresa Newman for their pro bono work on the case.
Harold Levy: Publisher: The Charles Smith Blog.
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PASSAGE ONE OF THE DAY: "Charlene Johnson Frazier, the state’s only witness, was just 14 when she told police she saw Sharpe shoot Radcliffe, 33, in a vacant lot at the corner of Sheppard and West Sixth Street, an area in Greenville known for drug activity at the time Two years later, Frazier recanted her testimony. She testified again on Thursday that then-Greenville Police Department Detective Ricky Best pushed her into identifying Sharpe. Frazier admitted she had been a troubled teen at the time the murder took place and realized later she was seeking attention. She told the courtroom she repeatedly ran away from home, was twice hospitalized in the adolescent psychiatry unit at what was then Pitt County Hospital and was sent to Cherry Hospital, the state hospital for those with psychiatric illnesses. “I was a kid out of control,” she said. She said in the years since she testified against Sharpe, she has since been able to turn her life around. She was there Thursday, because “the truth has to come out,” she said. “I refuse to go any further without telling the truth. Today I am doing what I should have done years ago — have a voice and stand up for myself.”
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PASSAGE TWO OF THE DAY: "Previous attempts to free Sharpe based on Frazier’s recanted testimony have failed, including a motion for appropriate relief that Judge W. Russell “Rusty” Duke rejected in 2016, Newman said. In May however, former state medical examiner M.G.F. Gilliland offered testimony that raised more questions about the state’s case against Sharpe. Based on the original testimony of Frazier, prosecutors at the time argued that Radcliffe was facing Sharpe when a shot was fired. Gilliland’s autopsy determined Radcliffe was shot in the side. Gilliland said she was not aware during Sharpe’s 1995 trial that the state was arguing he and Radcliffe were facing each other. Given the side-to-side path of the bullet in Radcliffe’s body, a face-to-face shooting could not have happened."
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PASSAGE THREE OF THE DAY: "Also testifying at Sharpe’s hearing Thursday was a nationally known criminal defense lawyer, Joe Cheshire. He said as he read the transcripts from the case, after the family asked him to, it was like reliving a nightmare. “It [1994] was a time before open file discovery. It was a time before police officers kept notes. It was a time before police officers were held accountable for any of their actions. It was a time of trial by ambush,” he said. Cheshire believes that had the jury heard Gilliland give her opinion that Frazier’s testimony was medically and scientifically impossible, there would have likely been a different outcome. Later, Cheshire said he came to he came to the trial because he has trouble with innocent people being in prison."
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STORY: "Dontae Sharpe set free," published by The Daily Reflector on August 22, 2019.
GIST: "A man convicted in a 1994 Greenville murder was freed after
24 years in prison Thursday when evidence that he did not commit the
crime convinced a judge to order a new trial. Because of the
recanted testimony of a key witness, along with autopsy evidence showing
her original testimony could not be true, Judge Bryan Collins of Wake
County ruled Dontae Sharpe, 44, should have a new trial in the shooting
death of George Radcliffe, a crime Sharpe never admitted to. Pitt
County Assistant District Attorney Valerie Pearce said she would not
pursue a new trial because of the age of the case and credibility of
testimony. Pearce said she had anticipated the judge’s ruling. “We
are having to dismiss it because there is not sufficient evidence to
prove the case at this point. We have a recanting witness and she was
the main evidence,” Pearce said. “The other witnesses are either dead or
have major credibility issues. We just don’t have the evidence to
prosecute it at this point.” Pearce said she could not
conclusively prove Sharpe didn’t kill Radcliffe, “but I also can’t say
conclusively that he did do it.” As Judge Collins set a $100,000
unsecured bond for Sharpe, which allowed him to walk free a short time
after the ruling, family, friends and supporters in the courtroom
erupted in jubilation. When asked in a phone interview how he
maintained his determination to reject offers of a lighter sentence in
exchange for a guilty plea, Sharpe told The Associated Press: “My faith,
knowing I was innocent and the way I was raised. My momma always told
me if you didn’t do something, don’t own up to it. Don’t say you did
it.” He said his faith provided the “positivity to help me when I was
around all that negativity.” Sharpe was convicted of the murder in
1995 and sentenced to life in prison. He could have been released on
parole but refused because it would have required him to admit guilt. “It
was a too-long journey for Dontae Sharpe,” said attorney Therese
Newman, co-director of Duke University’s Wrongful Convictions Clinic.
“We can lament that at some point, but right now, it’s a time of great
joy to restore him to his family and his community.” Sharpe’s
mother, Sarah Blakely, kept his case in the spotlight with the help of
the NAACP. Blakely said she was feeling joy and she was “relieved it’s
all over. Justice was served.” Sharpe’s family fought for his freedom over two decades. Also
attending the trial were representatives from the Pitt County Chapter
of the NAACP and the North Carolina NAACP, including state President T.
Anthony Spearman, in a show of solidarity for Sharpe’s release. Charlene
Johnson Frazier, the state’s only witness, was just 14 when she told
police she saw Sharpe shoot Radcliffe, 33, in a vacant lot at the corner
of Sheppard and West Sixth Street, an area in Greenville known for drug
activity at the time Two years later, Frazier recanted her
testimony. She testified again on Thursday that then-Greenville Police
Department Detective Ricky Best pushed her into identifying Sharpe. Frazier admitted she had been a troubled teen at the time the murder took place and realized later she was seeking attention. She
told the courtroom she repeatedly ran away from home, was twice
hospitalized in the adolescent psychiatry unit at what was then Pitt
County Hospital and was sent to Cherry Hospital, the state hospital for
those with psychiatric illnesses. “I was a kid out of control,” she said. She said in the years since she testified against Sharpe, she has since been able to turn her life around. She
was there Thursday, because “the truth has to come out,” she said. “I
refuse to go any further without telling the truth. Today I am doing
what I should have done years ago — have a voice and stand up for
myself.” Previous attempts to free Sharpe based on Frazier’s
recanted testimony have failed, including a motion for appropriate
relief that Judge W. Russell “Rusty” Duke rejected in 2016, Newman said. In
May however, former state medical examiner M.G.F. Gilliland offered
testimony that raised more questions about the state’s case against
Sharpe. Based on the original testimony of Frazier, prosecutors at
the time argued that Radcliffe was facing Sharpe when a shot was fired. Gilliland’s autopsy determined Radcliffe was shot in the side. Gilliland
said she was not aware during Sharpe’s 1995 trial that the state was
arguing he and Radcliffe were facing each other. Given the side-to-side
path of the bullet in Radcliffe’s body, a face-to-face shooting could
not have happened. The testimony in May helped convince Collins to set Thursday's hearing for a new trial. Also
testifying at Sharpe’s hearing Thursday was a nationally known criminal
defense lawyer, Joe Cheshire. He said as he read the transcripts from
the case, after the family asked him to, it was like reliving a
nightmare. “It [1994] was a time before open file discovery. It
was a time before police officers kept notes. It was a time before
police officers were held accountable for any of their actions. It was a
time of trial by ambush,” he said. Cheshire believes that had the
jury heard Gilliland give her opinion that Frazier’s testimony was
medically and scientifically impossible, there would have likely been a
different outcome. Later, Cheshire said he came to he came to the trial because he has trouble with innocent people being in prison. Spencer Parris, a lawyer from Wrightsville Beach was representing Sharpe, along with lawyer Theresa Newman. Parris
said he was representing Sharpe “pro-bono” because, “I believe it is
our duty to give our time to correct the failures of our justice
system.” Both lawyers were elated at the final outcome. According
to a press release from Forward Justice, a center on law, policy and
strategy, Dontae’s case has been featured in the national media,
including Final Appeal, an in-depth documentary series produced by
Oxygen Network. According to the release, 70,000 people across the
nation have signed a petition to the District Attorney’s office, the
Attorney General and N.C. Governor Roy Cooper in support of Sharpe. Friends,
family and supporters will gather to celebrate from 4 p.m. to 7 p.m.
today at Philippi Church of Christ, 3760 Philippi Circle in Greenville."
The entire story can be read at:
The entire story can be read at:
PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com. Harold Levy: Publisher: The Charles Smith Blog;
