October/November 2020 Newsletter
The Durham County District Attorney’s Office newsletter highlights the work staff do in and out of the courthouse.
In The Community
DA Deberry Discusses Research Collaborations at NC-CRED Panel
DA Deberry spoke during a panel on research and data as part of a virtual conference held by the North Carolina Commission on Racial and Ethnic Disparities (NC-CRED) and the National Consortium on Racial and Ethnic Fairness in the Courts. She was joined by Brandon Garrett, director of Duke Law School’s Wilson Center for Science and Justice, which partners with the DA’s Office on several research projects. DA Deberry and Garrett discussed work by the Wilson Center to analyze the impact of pretrial release policies implemented by the DA’s Office and Durham judges in 2019. In addition, they discussed a collaboration to examine plea negotiations in the DA’s Office through court documents and interviews with staff. This initiative looks at whether plea offers made to defendants are fair and equitable across the office.
NC Justice Center Honors DA Deberry as ‘Defender of Justice’
During an October ceremony, DA Deberry was among four leaders honored with Defender of Justice awards from the North Carolina Justice Center. She received the Litigation award in recognition of her work as district attorney, including efforts to reduce incarceration for lower-level offenses, expand the use of restorative justice practices, and help residents restore their drivers licenses. In her remarks, DA Deberry spoke about the work and values of the DA’s Office:
“We are committed to making sure we do not prosecute people for being poor, or sick or unlucky, and that in situations in which serious or violent crime has been committed, that we hold we are ministers of justice and not arbitrary enforcers of punishment.” — DA Deberry
Staff Present on DA’s Office Reforms
DA Deberry discussed reforms implemented in the DA’s Office, such as diverting cases involving young people, mental illness or substance use, during a virtual discussion hosted by North Carolina Advocates for Justice, a nonpartisan association of legal professionals. Special Victims Unit Lead ADA Kendra Montgomery-Blinn and Communication Specialist Sarah Willets spoke to Duke University public policy students in October about the Durham DA’s Office and the broader movement for prosecutorial reform. Among other initiatives, they discussed how the DA’s Office uses restorative justice to promote healing and accountability in a range of cases.
Attorney General Stein Recognizes Sexual Assault Case Progress
Attorney General Josh Stein presented DA Deberry with a Dogwood Award for prioritizing cases involving sexual assault. She was one of 28 leaders across the state to receive a Dogwood Award this year. DA Deberry dedicated the award to the Durham DA’s Office Special Victims Unit, the Durham Police Department and the Durham Crisis Response Center, which have worked together since early 2019 to review cases as sexual assault kits are tested and use a trauma-informed approach to determine whether to file charges.
Event Highlights Program to Prevent Domestic Violence Homicides
DA Deberry, ADA Montgomery-Blinn and ADA Joshua Sotomayor joined the Durham Crisis Response Center on October 22 for a virtual discussion on the Lethality Assessment Program. LAP is an evidence-based tool used to identify escalating domestic abuse, connect survivors to resources, and prevent domestic violence homicides. The LAP screening, which is administered by police at the scene of domestic violence incidents, includes questions informed by research on factors associated with future lethality — such as prior abuse and the availability of weapons. Prosecutors in the DA’s Office use this information in considering what release conditions are necessary to ensure the safety of the victim and what resolution is most appropriate for the case.
ADA Johnson Shares Court Information for Domestic Violence Awareness Month
Special Victims Unit ADA Erika Johnson shared information about what survivors of domestic abuse can expect from the court process. The DA’s Office published the Q&A as part of Domestic Violence Awareness Month, which was October. ADA Johnson discusses how domestic violence cases get to the DA’s Office, the potential outcomes, and how DA’s Office staff work alongside service providers to ensure a survivors’ well-being is central to their case. ADA Johnson underscored that the DA’s Office understands victims may not be ready to proceed with prosecution, and staff will support them when they are. Read more here.
“We have been trained to understand the cycle of domestic violence and know that everyone is at a different place when charges are filed. We will meet the victim where he/she/they is, not where we expect or want him/her/them to be.” — ADA Johnson
In The Office
New District Court Team Created
In October, DA Deberry created a new District Court Team within the DA’s Office and named ADA Monica Burnette as the lead prosecutor. After taking office in 2019, DA Deberry divided the Office into specialized teams: Administration, Homicide & Violent Crimes, Drug & Property Crimes, Juvenile, and Traffic. She added the District Court Team to ensures operations in these fast-paced courtrooms are as efficient as possible, particularly during the COVID-19 pandemic.
In addition to Burnette, the District Court Team includes ADAs Ahmed Adam, Andrew House and Michael Wilcox and Legal Assistants John Brown and Tamika Broadway. Adam and Brown are assigned to Courtroom 4D, where nontraffic misdemeanors are addressed and some proceedings in felony matters are held. House and Broadway are assigned to criminal domestic violence court. Wilcox is assigned to in-custody first appearances. Prosecutors will be cross-trained to be able to rotate between courtrooms as needed.
Throughout the pandemic, ADA Burnette has coordinated with clerks and judges to adapt operations in Courtroom 4D. As Team Lead, she will manage the District Court staff and oversee the team’s operations.
DA’s Office Welcomes New Attorneys
Michael Wilcox was sworn in as an assistant district attorney in November. ADA Wilcox previously worked as an intern in the DA’s Office, assisting the Traffic Team and the Drug & Property Crimes Team. He joins the District Court Team and will represent the State during in-custody first appearances. ADA Wilcox is a graduate of North Carolina Central University School of Law.
Margaret Perry, the Office’s Bridge to Practice Fellow, was sworn in to practice law in October. Perry has worked in the DA’s Office since August, conducting legal research and working with prosecutors on the Drug & Property Crimes Team and the Special Victims Unit. She is a graduate of the UNC School of Law.
Special Victims Unit Learns About Strangulation, Sexual Assault Exams
The Special Victims Unit receives frequent training about domestic and sexual violence in order to best support survivors through the court process. They began Domestic Violence Awareness Month (October) with a training on how the physical effects of nonfatal strangulation, which may be used as a dangerous tool of control in abusive relationships. They also learned about the strong association between strangulation and future lethality. Staff also received training in November on the steps of the sexual assault exam process, their second training on the subject this year. This helps staff to understand what happens before a case reaches the court, the evidence and information collected during the exam, and how to proceed with the case in way that is trauma-informed. Both trainings were coordinated by Duke University Health System’s SANE Program manager.
Staff Trained on Evidence Disclosure Obligations
Prosecutors are obligated to turn over evidence that is material and favorable to the accused, including evidence that negates the defendant’s guilt and evidence that calls into question the credibility of a witness for the State, such as a police officer. In November, staff across the DA’s Office received training on these legal obligations as well as ethical obligations to disclose exculpatory evidence. Since 2019, the Durham DA’s Office has had a policy and process in place to ensure these requirements are met.
Harvard Research Survey Looks at How Prosecutors Make Decisions
Durham DA’s Office attorneys are participating in a Harvard University research project to understand how prosecutors in North Carolina make decisions about charging and sentencing. In November, ADAs answered questions about what they would do in hypothetical cases. Staff will have follow-up interviews with researchers, who hope to analyze survey results from across the state alongside court records.
In The Courts
Durham Sexual Assault Kit Initiative Leads to Arrests in 15 Cold Cases
DA Deberry and ADA Norman joined Durham police to announce arrests in 15 sexual assault cases going back to 1984, including arrests of several alleged serial offenders. The arrests are the result of a collaborative Sexual Assault Kit Initiative that began in 2019 between the Durham Police Department, the Durham DA’s Office and Durham Crisis Response Center. This initiative takes a trauma-informed approach to reviewing, charging, and prosecuting sexual assault cases in which evidence kits had not previously been submitted for testing. As the Office’s designated SAKI prosecutor, ADA Norman consults with police on charging and prosecute cases that arise from the testing and review process.
License Restoration Program Helps Over 11,000 With Court Debt Relief
On October 26, the Durham Expunction and Restoration (DEAR) Program wrapped up an initiative to waive court debt preventing more than 11,000 people from restoring their drivers’ licenses after they were suspended because of inability to pay traffic fines and fees.
Over the past two years, the Durham County District Attorney’s Office — a partner in the DEAR Program — has successfully motioned the court to waive a total of $2.7 million in fines and fees. This debt was tied to 14,629 traffic cases going back as far as thirty years, and each of these individuals has had a suspended license for at least two years. People with license suspensions stemming from traffic charges in Durham County can find out if they have received relief from the DEAR Program by visiting SecondChanceDriving.org. Read more about the initiative here.
“Having a driver’s license can transform a life. Through DEAR, thousands of people in Durham now have better access to employment, education, and other opportunities. At the Durham DA’s Office, our focus is community safety — and that includes the ability for all of us to fully participate in our economy and society.” — DA Deberry
ADA Norman Secures Plea in 2019 Robbery
ADA Blake Norman secured a plea in a 2019 case in which a man robbed a woman he met on a dating site. Armed with a gun, the defendant drove the woman to a bank to withdraw money, where police were alerted. The defendant entered an Alford plea and was convicted of two counts of possessing a firearm as a felon, breaking and entering in a separate case, and interfering with electronic monitoring by removing a device. All firearms seized from the defendant were ordered to be forfeited.
In The News
CBS17 and The Herald-Sun wrote about recent arrests resulting from Durham’s Sexual Assault Kit Initiative, a collaboration between the Durham Police Department, the Durham DA’s Office and Durham Crisis Response Center. At an October press conference, DPD announced 11 people had been arrested in connection with 15 assaults through the work of the Cold Cause Sexual Assault Unit, which includes a prosecutor in the DA’s Office. From The Herald-Sun:
“I hope this gives survivors in our community hope and confidence that they will see accountability and justice. We have the resources and demonstrated dedication to prosecute these cases.” — DA Deberry
ABC11 featured the DEAR Program’s work waive traffic fines and fees preventing more then 11,000 residents from restoring suspended drivers’ licenses. DA Deberry spoke about the importance of the program, in which the DA’s Office is a partner.
