“Viewpoints” is a place on Chapelboro where local people are encouraged to share their unique perspectives on issues affecting our community. All thoughts, ideas, opinions and expressions in this series are those of the author, and do not reflect the work, reporting or approval of 97.9 The Hill and Chapelboro.com. If you’d like to contribute a column on an issue you’re concerned about, interesting happenings around town, reflections on local life — or anything else — send a submission to viewpoints@wchl.com.
Orange County Courts: The Illusion of Justice
A perspective from Dale Hodson
Those of us old enough to remember “Perry Mason” watched a TV courtroom drama unfold where a defense attorney had the side of his client, the prosecutor had the side of the victim, and the judge was a neutral party.
I grew up assuming this was always the case – but it’s not true in Orange County. In Orange County, all three sides end up advocating for the defendant, not for the victim.
Don’t believe me? Just attend a few hours of court in Hillsborough, and see for yourself. Here are the court calendars:
https://calendars.nccourts.org/results?county=Orange&type=Criminal
In September 2024, several political signs were stolen from me, by a Chapel Hill resident (“misdemeanor larceny”). All of the case information is public record:
- “The State of North Carolina VS. Douglas Whelan” at
- https://portal-nc.tylertech.cloud/Portal/ (search for record number 24CR422915-670).
On June 12, this case came before the court, and the defendant (Whelan) was given a “deferred prosecution.” In this case, the prosecutor (Assistant District Attorney Margaret McConnell) chose to NOT prosecute this thief, and instead gave him a very gentle “slap on the wrist.”
You may be saying to yourself: “Hey, get over it, it’s just a couple of signs!” If that’s your attitude, then I suggest you look at similar Class 1 misdemeanors: breaking and entering, communicating threats, worthless checks, secret peeping, and so forth. When you’re the victim of those, do you want the criminal to get just a slap on the wrist?
A “deferred prosecution” generally means that the defendant “admit the allegations in the charges,” but he isn’t actually prosecuted (or convicted) of the crime. Instead, the defendant simply lives his life normally for six months, pays restitution for the stolen property, and perhaps does several hours of “community service.” After the six month period, the District Attorney dismisses the criminal charges if the defendant has obeyed the rules of the deferral.
With charges dismissed, the thief has no conviction record, and he can also request to “expunge from all official records any entries relating to that person’s apprehension or trial.” So, a pretty sweet deal for the guy who stole my property: no record whatsoever.
My objection to this outcome is that, in Orange County, deferred prosecutions are used/misused for a HUGE percentage of misdemeanor cases. From my numerous first-hand courtroom observations over the past four years, I’d estimate that more than 90% of “first time offender” misdemeanors are NOT prosecuted and are instead either dismissed completely or set to a deferred prosecution.
The defendant in my theft case had a prior arrest in Wake County for another crime, but no prosecution – sound familiar? The defendant was 31 when he committed his theft from me, he had graduated from college, and was employed by UNC. This was not some naive youngster who had a momentary lack of good sense. From what the Chapel Hill Police investigator told me, the thief was motivated by his hatred of a particular political candidate, and my signs had infuriated him.
At no point in the eight months prior to the June 12 court date did A.D.A. McConnell tell me that she was declining to prosecute.
With only five minutes to go before my case came before the judge, A.D.A. McConnell ushered my wife and me into a stairwell outside the courtroom, where she told us she was not going to prosecute. I objected of course, and A.D.A. McConnell stated that deferred prosecutions were very “successful.” I asked what her definition of “success” was and she said that “success” meant the defendant abide by the terms of the deferred prosecution. A very low bar to meet.
The Illusion of Justice.
What I observed on my court date was what I’d seen dozens of times before in the Orange County courthouse: prosecutors, defense attorneys, and a judge huddled at the front of the courtroom, smiling, laughing, and behaving like they’re best of friends. Which they probably are.
While it must be nice for them to all be friends, I would rather have the prosecutor on MY side and not on the side of the defense.
The Illusion of Justice.
During my day in court, all that A.D.A. McConnell had to do was to say “No” to the defense attorney. In which case the defendant would have likely pled guilty, because I had filmed the thief stealing my stuff.
The argument that “we don’t have the resources to prosecute low-level crimes” is a red herring: a guilty plea from a defendant consumes less time and resources from prosecutors and the court than does a deferred prosecution.
A.D.A. McConnell and D.A. Nieman would likely argue that deferred prosecutions are in the “best interest” of the criminal and justice. I would argue that prosecutors should be on the side of the victim and NOT the criminal. As lenient prosecutors continue releasing criminals instead of prosecuting them, we in society suffer the consequences.
So, if you’re a victim of a misdemeanor crime in Orange County committed by a first time offender, don’t expect a prosecution of the criminal.
During last year’s election season, I heard people say that stealing political signs in Orange County is treated about the same as getting a fine for a parking ticket – I think they’re right.
“Viewpoints” on Chapelboro is a recurring series of community-submitted opinion columns. All thoughts, ideas, opinions and expressions in this series are those of the author, and do not reflect the work or reporting of 97.9 The Hill and Chapelboro.com.
Dale, what do you think would be a fair outcome in this case? Fine? Jail time?
A fair outcome would have been an actual prosecution of the case. With that, the judge would have heard evidence and made a judgment.
Instead, we have the whims of the current District Attorney preventing a judgment. One of the ironies of this case is that District Attorney (Jeff Nieman), who is an admitted believer in “Equity” and “Systemic Racism” and the “criminalization of poverty,” decided to let off the defendant in my case, who is a well-educated, employed, wealthy, “white guy.”
This sucks. In most cases with these stolen signs, there’s no evidence thus no way to prosecute someone. In your case, someone caught “red handed”, is a perfect chance to set an example, and further the illusion of justice being carried out. You do need that to happen occasionally.
Now that I know these cases are not being prosecuted, when the next election cycle comes around and I see a sign I don’t like, will I be more or less likely to do something to that sign?