The town of Wendell, NC, recently purchased two drones and associated equipment for $20,000 to support the police department. Officials state the drones will help locate missing or endangered people, find criminal suspects, investigate traffic crashes, and support special operations. A sergeant noted the drones could be particularly helpful in locating children or adults with cognitive issues who go missing. The drones have heat-detecting cameras, live tracking, high-powered zoom, and distance-measuring tools. Proponents are optimistic that the technology will help officers by providing a perspective on chaotic scenes before officers go in blind. However, civil liberties groups have concerns that the technology may lead to intrusions on privacy. Law enforcement drone programs are proliferating throughout North Carolina in places such as Asheville, Burlington, Chapel Hill, Charlotte, and Winston-Salem.
Read on for more criminal law news.
Lawsuit for jail beating in Eastern NC settled. The Assembly has received newly released documents showing that a man who endured severe injuries after being beaten by fellow inmates at the Columbus County jail has reached a settlement with authorities for nearly one million dollars. The lawsuit alleged inadequate supervision under the leadership of the former sheriff and asserted that the government should be held liable for failing to prevent the assault. Advocates contend that too much time passed between supervisory rounds at the jail and that a pattern of negligence persisted over an extended period. Several deputies were disciplined in the aftermath of the incident, and a jail administrator states that improvements have been made in the supervision software and the camera system. However, advocates contend that additional resources are necessary to prevent such incidents in the future.
Netflix documentary tells story of North Carolina murder trial. Shea covered the case of Corbett & Martens in a News Roundup in June of last year. This past spring, a Netflix documentary was released telling the story of the trial of Molly Martens and her father Tom Martens, who were accused of murdering Molly’s husband, Jason Corbett, in Wallburg, NC, in 2015. Tom and Molly claimed self-defense, arguing that Jason had a history of abusive behavior and that the two beat Jason to death with a baseball bat and brick after Jason attacked Molly and choked her. The prosecution argued that the defendants’ injuries were inconsistent with self-defense and that Jason’s body was suspiciously cold when first responders arrived. A Davidson County jury convicted Molly and Tom of murder in 2017, but they received a new trial in 2021 at the North Carolina Supreme Court. The two ultimately pled guilty to reduced charges.
The case is an interesting one not only because of the conflicting stories of abuse, self-defense, and intentional homicide, but also because of the complex legal issues, one of which was whether the out-of-court statements of the married couple’s two children, who were in Ireland at the time of trial, were erroneously excluded [full disclosure: I am currently working on an update of the Benchbook chapter on Evidence in Criminal Cases involving Children]. The case was unusual in that it was the defense rather than the prosecution who attempted to introduce these out-of-court statements made at a child advocacy center to further the claim that the marriage was an abusive one. The Supreme Court decision shines a new light on the Rule 803(4) hearsay exception for statements made for purposes of medical diagnosis or treatment. Those interested in learning more can read the case, watch the documentary, or both.
Corpse abuse in Colorado. A Colorado woman pled guilty in federal court this week to fraud charges after making a practice of sending families fake ashes instead of the cremated remains of their loved ones. More than 200 decomposing bodies were left in a building lacking proper refrigeration, while the woman and her husband took $130,000 in payments for cremations without performing the promised services. The plea deal also incorporated charges for defrauding the federal government out of nearly one million dollars in Covid relief funds. The woman’s husband received a sentence of 20 years, and she is awaiting sentencing.
Upcoming webinar on social workers in public defender offices. On Friday, August 22, SOG will be hosting a free, 75-minute webinar exploring a client-centered, interdisciplinary model of public defense that integrates social work services. The session will highlight findings from a new report on social workers in North Carolina public defender offices. Panelists from offices across the state will share practical insights and recommendations for expanding social work capacity in public defense. Register here.
Voluntary custody. We’ve been experiencing cooler temperatures here in Chapel Hill (and buckets of rain), but the heat was extreme in July. A Reidsville police officer came upon a somewhat unwelcome companion hiding out in his patrol car to escape the heat on a 105-degree day in late July. He felt “pops” to the back of his head and turned around to find a juvenile American robin in his backseat. The officer snapped a selfie before releasing the bird with no charges.
Have a great weekend and we’ll see you on Monday.