∆ ESSE QUAM VIDERI! ∆

Dear Ms. Moses:

My name is Daniel Andre Green. A few months ago, WRAL aired a comment from you about motions I filed, which Amanda Lamb says that you hadn’t read before publicly commenting on.

In the press release, I specifically referenced Jessica Smiths publication, Elements of Crimes in N.C. because one of the claims I filed is premised on the fact that (A) Because the state waived the acting in concert instruction and (B) because the state presented no evidence that anyone but me committed the actus reus of killing James Jordan, (C) the Court was required, and did, instruct the jury that to convict me of felony murder or premeditated murder they had to unanimously find, beyond a reasonable doubt, that I killed James Jordan. (D) the jury convicted me of felony murder, and didn’t convict me premeditated murder.( E) Yet, during the sentencing stage, the Court (against my counsel’s objection but with the states expressed approval) created a form requiring the jury to reveal and specify their exact findings of facts, including, inter alia, whether they unanimously found that I killed the victim. The Court elicited this verdict after new evidence was introduced before the judgment was entered.

To understand the legal significance of the foregoing I would suggest you review the NC COA opinion in State v Jermail Blake. Does one have to be a gang member doing the dirty genocidal work of agent provocateurs funded by racist Libernaughty foundations and their hypocritical lackeys to get due process?

Further, because both trial and appellate counsel didn’t raise this claim I amended my Pending Motion for a new trial to include Ineffective assistance of counsel to preserve this claim and other claims, which post conviction counsel didn’t do in a way that wasn’t procedurally deficient.

As you know, there is no constitutional right to post conviction counsel which means that post conviction counsel can, and often do, file dead end motions, knowing that since they are viewed as our “agents” we are held responsible and have to suffer the consequences when they betray our best interest.

As for the motion I filed to raise the claim based on my trial attorneys presenting inconsistent, mutually exclusive, dichotomous defense theories that (a) I had an alibi for the time James Jordan was killed on July 23rd, but that (b) his wife and others saw and talked to him as late as August, the deficiency and prejudice of such a strategy is so obvious that you, as an ex prosecutor who prosecutes fraud cases should feel comfortable publicly commenting on the fraudulent post conviction process I have been in for 27 years although these events took place in a highly scrutinized public trial.

I attempted to call you to get your side of the decision to comment on my case without the benefit of the facts. Please let me know if you are interested in straightening this out. The motion is on DanielGreenWebsite.com. Read it and decide if your comments were precipitous.

Forgive the poor handwriting but I Am working with what I have to work with.

Quite frankly, many have benefitted from covering up the way myself, the Jordans reputations, my peers affected by the 1994 Crime Bill, and justice itself were placed on the altar. What is done in the dark will come to light eventually.

One Love Universal,

Daniel Andre Green

TO: North Carolina Central University Professor Moses,Tmoses13@NCCU.edu

FROM: Equal Protection Under Law and Due Process Actionist, Daniel Andre Green, danielgreenwebsite.com

AN OPEN LETTER TO NORTH CAROLINA CENTRAL UNIVERSITY LAW PROFESSOR, TAMIKA GRIFFIN MOSES

“MOSES, WHO MADE YOU RULER AND JUDGE OVER US?” ~ Exodus 2:14

Dear Professor Moses:

In June, WRAL asked you to weigh in on the recent amendment and supplements to the motion for appropriate relief I filed in June 2023 in Robeson County Superior Court.

According to WRAL reporter Amanda Lamb, who I spoke to after your comments, you had not yet read the motion when she interviewed you, yet, you publicly stated: “When you look at the substance of this filing, one, a lot of this has already been covered by counsel’s prior motion, and, two, some of the other arguments are just not going to satisfy the requirement for a new trial.”

In N.C. new trials are won by the defendant presenting a preponderance of evidence to prove claims.

I presented a preponderance of evidence and law on the claims I filed. I requested the court to judicially notice facts to avoid dilatory disputes about facts that are indisputable.

The court is required by law to find these facts.

As you well know, the ability to use professional positions and titles to legitimize a certain point of view for propaganda purposes is an abusive form of power that is often used to detract from material issues.

Maybe WRAL quoted you out of context. I have unsuccessfully attempted to contact you by phone to ask that you clarify your comments. Before publicizing this, I will email it to you.

Obviously, if Ms. Lamb is being truthful, that would mean that the conclusion that you chose to publicly express is ill advised and, quite frankly, in violation of the Revised Rules of Professional Conduct North Carolina State Bar, Rule 8.4 (a), (c),& (d) which prohibits misrepresentations prejudicial to the administration of justice.

It would be ill advised because no attorney who has constitutional integrity, who cares about justice, would reach, nor express, a conclusion without researching the question posed to them.

In fact, the basis of one of the claims that I filed is that my trial lawyer, Angus Thompson, told the jury in my trial that James Jordan’s wife, Deloris Jordan, talked to his wife several weeks after he was murdered even though he never spoke to her to confirm that she did tell the officers this lie.

She did not.

Just like you, Mr. Thompson spoke before he investigated the facts. He bit off more than he could chew and, in doing so, he choked out his credibility and my chance of a fair trial.

My trial attorney’s inconsistent defense strategy ruined my chance of being acquitted of a horrible crime I AM innocent of years ago.

Mr. Thompson graduated from North Carolina Central University, the HBCU you now have the privilege of teaching the next generation of lawyers at.

As you are aware, one of the factors our courts consider when determining whether a lawyer was ineffective is the “prevailing professional standards” of legal practice in the state at the time.

Since I am not a lawyer, may I quote one of your colleagues to establish the standard in 1996?

In 1996, the year my trial began, Carol B. Anderson, the then Clinical Professor and Director of Trial Practice at Wake Forest University School of Law, published the book I will quote from, North Carolina Trial Practice, ISBN 1-55834-312-1.

On page 56 Carol B. Anderson wrote that, ” Once In A millennium, an Advocate can successfully present Inconsistent Theories Of The Case to a jury and prevail, but the outcome is usually CATASTROPHIC. Offering Conflicting Theories to the trier of fact undermines your credibility. If you tell juries one thing, then ask them to believe something entirely different, they won’t trust you anymore. You suddenly become just another slick, deceptive, manipulative lawyer to them, and they tune you out because you’ve destroyed any confidence they might have had In you.”

Just so.

Do you like being manipulated?

Angus Thompson, an African-American, was Robeson County’s first public defender, a position he was appointed to due to affirmative action policies.

According to Luther Johnson Britt, the District Attorney who prosecuted me, Mr. Britt’s daddy, who was a senator and a defense lawyer, handpicked Angus to be Public Defender.

At a hearing that led to a former wrongful conviction being tossed out, Angus testified that his office was systemically underfunded and lacked resources but by then, the conviction had already been used as black propaganda by ill-informed Congressman to pass the 1994 Crime Bill.

I have no doubt that that is one of the main reasons Angus had to rely on shoddy investigative work by the private investigator his office employed, Joel Garth Locklear.

The cousin of Larry Demery, the man who testified against me, Garth was an ex-cop who was viewed locally as Sheriff Hubert Stone’s “Tonto”, a racist term that is equivalent to calling an African-American “Uncle Tom”.

Many believed Garth to be a racist, drug dealing, plant in Angus office that sabotaged cases for the sheriff and their house gangstas who sold drugs and set up competition and ops to get locked up.

All I know for certain is that Joel Garth Locklear was the same cop who intimidated and coerced Henry McCollum and Leon Brown into falsely confessing to raping and murdering eleven year old Sabrina Buie in 1983.

Luther Johnson Britt, who testified for the exonerated Robeson County natives who spent a combined FORTY years on death row testified that Joel Garth Locklear used interrogation techniques that involved yelling, cussing, swearing and threats to get the teenagers to falsely confess- the exact same way Larry Demery was threatened with the death penalty with a “needle up [his] ass” until he signed a false confession that implicated me.

In the same way Henry McCollum was coerced with compliance techniques into implicating his brother and himself in the worst murder that happened in his community in his lifetime. His testimony was against his interest, his brother’s, and his family’s interest.

By law, the Courts view testimony that is against one’s interest as inherently more credible. Yet, fear & misplaced hope, incentivize people to lie against their own interests all the time.

I’ve certainly done it by necessity as a pia fraus to preserve the ability to Marshall untainted evidence, the trial judge in my case, Gregory Weeks, chastised my lawyers for suggesting that police shouldn’t lie to suspects as an interrogation technique although its against law enforcements interest because it legitimizes mistrust of them.

This was the culture of Robeson County Sheriff’s Dept. as with most patriarchal institutions run by people with absolute power, weapons, and a sanctioned belief that they are special and more valuable than citizens. In a democracy, civic servants are the elect. A deeper understanding of how to exercise civic duties and the willingness to do so FOR THE COMMON GOOD entitles one to govern themselves and their area of influence. This is what separates citizens from subjects.

But woe to those who abuse the warrant of authority that society gives them.

As I testified at a suppression hearing, the Robeson County authorities had a rep for shooting people in the back, of shooting first and asking questions later, of playing dirty Harry, of using their badges like time travel talismans that allowed them to bring the good ole days into the present.

I am grateful that my trial lawyers have acknowledged, on record, the facts that prove their ineffectiveness and which prove the claims I filed in a manner that isn’t procedurally deficient.

I am grateful that Luther Johnson Britt has admitted the facts in a multimillion dollar lawsuit that I testified to as a twenty year old facing the death penalty. Testimony that Robeson County officers handcuffed me and beat me in the head with handcuffs for ventilating (I still have the scar to prove it) and for unilaterally getting the jail to let us vote.

I say that not to arrogantly toot my own horn but to toot my horn so that those who are obstructing my access to the courts by ad hominem attacks, propaganda, and selling out the principles they claim to advance will know that I am worthy of basic human rights will stay out of my lane.

Those who won’t help shouldn’t hinder.

Curtis Scott Holmes, another former attorney of mine, also teaches at North Carolina Central University. When I first met Scott I told him about previous lawyers being side tracked from my case by being awarded patronage jobs.

A couple of years after Scott was appointed to my case, he was recruited to Central University by members of the NAACP.

When Scott told me about his new job, he told me that he didn’t know why they picked him to be a Civil Clinic professor since he had no experience in that area of law. (The same way you have no experience in NC post conviction law that would qualify you as an expert entitled to publicly speak against motions you have not read and researched the applicable laws on). Scott wasn’t just being humble. A review of the cases he litigated before appearing in my case and being drafted by NCCU revealed dozens of criminal appeals but no civil cases in general, nor none for the NAACP.

Whether these appointments stem from affirmative action, legacy entitlements, or by obtaining and leveraging secrets they often deprive us all of the best person for the job and leaves us with people who are obligated to the will of their benefactors; not to the demands of the job itself.

The last conversation I had with Scott he unequivocally informed me that some people at NCCU did not want him working on my case and that this could get him fired. I believe NCCU is fortunate to have Scott just as they are fortunate to have you, an ex prosecutor.

I recognize that The Dream was not to create a new class of Black oppressors united by a boozhy monolithic ideology invented by those pulling purse strings to dictate our political point of view.

The Dream is to be able to bask in our Becoming, to Be fully human, fully empowered, fully in control of all the tools used to craft our destiny, from politics to religion, from economics to art and entertainment.

As Lauryn Hill sang, it’s Freedom Time.

Not just for those championed by the talented tenth, not just for those who genuflect and reflect limited ideas about what social contribution looks like.

I’ve had my Black ass beat, maced, isolated, dissected and analyzed by pseudo experts and professionals whose ethos is no better than the criminals I grew up with. Not because I’m unruly, difficult or disrespectful but because I persist in using the law, even when it’s ignored, even when I’m ridiculed by so-called masters of the law who sell their souls daily and condemn all of us to suffering. I was promised freedom in 2016 when Joshua Stein won the Attorney General race.

Specifically, in December 2016 Ian Mance, who used my case to get a job at SCSJ, came into the holding cell at Robeson County Courthouse and told me to stop insisting that he put into evidence all the secret recordings of all the interviews he conducted of people connected to my case : lawyers, officers, directors of state agencies, jurors, judges, etc.

I insisted that he put the actual recordings into the record because the recordings revealed the corruption and crimes committed to convict me and most of all, because his decision to submit affidavits about the conversations he had with these people resulted in the state characterizing his affidavits as inadmissible hearsay. Without the recordings being submitted he would have to withdraw to get the content of the interviews in.

That would cost more delays in my release for no other purpose than to preserve his ability to use the recordings to exert leverage in other cases or to preserve his relationships with these people he called corrupted criminals.

He and Curtis Scott Holmes, your NCCU colleague, both promised me I would be released in time to take care of my elderly mother who almost died from the stress of this case. To help the lady I was involved with, who was the most constant source of support in my life, pay the mortgage on the home she purchased in anticipation of my release. To help my sister who has been traumatized by this case more than me.

Do their Black lives not matter because they don’t have millions to donate to nonprofits often funded by benign racist foundations that blackmail and shame the wealthy into underwriting causes that often is squandered, as Dr. T Anthony Spearman pointed out before his assassination, in banquets while those who speak up for the BLM NOT, like Dr. Spearman, are forsaken for putting people before pimps in politics.

The truth is that this case has never been about justice for James Jordan and my trial was never about justice for me nor the community. Some of the court actors may have desired justice in moments but when has justice for people that look like us outweighed the business of justice?

In business the bottom line is always money.

When the new media found out the victim was the father of Michael Jordan, many tried to sensationalize this tragedy by hurling allegations at father and son because it was profitable to do so.

When Congress realized that this case could be politicized to expand the prison industrial complex for astronomical profit, they did so on the false premise that James Jordan was murdered by a super predator who wore sagging pants to hide weapons, according to Joe Biden, and his peers, without regard for the truth.

According to Senators Jesse Helms, Currin, Dorgan and President Bill Clinton, my so-called early release from prison was the cause of James Jordan’s murder which, in turn, justified building prisons so fast that states are now closing prisons and recruiting prisoners into organized gangs to run the prisoners for them because they can’t keep them staffed.

In case, you didn’t know white supremacist gangs like Aryan Nation began in prisons the same way, organized and protected by prison administrators as “trustees”. As you do know, creating anti gang nonprofits and government programs to get federal funding is the new hustle. The mandate? Stop banging? No, as Congresswoman Eddie Bernice Johnson told the House of Representatives on May 11th, 2005, “gangs should stay together but do not do the crime stuff.”

As much as I wish her success, as much unconditional love and understanding as I have for some that are in gangs, Ms. Johnson, who I highly respect, is sadly mistaken to believe that “gang activity has been converted to something positive because [she] encouraged it”. You can’t put new wine into old skins. The nature of gangbanging will not allow it to be used for good unless you define good as profitable. Your prosecution of local gangstas that killed a kid lets me know you already know things.

My case was intentionally convoluted to turn it into a golden goose, to preserve the sacred credentials of court actors needed to win millions in lawsuits.

The characterization of me as “difficult” is because I will not be manipulated into being used as a pawn to be used to blackmail the Jordan’s with lies.

It’s because I expect lawyers to keep their word to me and if they can’t because they claim that the AG “isn’t who we thought he was” then I expect them to publicly say that the same way they tried to manage me into waiving meritable claims by promising me they had a deal in private.

I’m difficult because I value time with my loved ones as a free man more than I value million dollar donations to “the movement”, multi million dollar lawsuits for others, and because I value kids and their hearts and minds more than connections with those who neglect and endanger them?

“Difficult” essentially means hard to handle, “not facile”, right?

Why would those who, to paraphrase the inimitable living legend and leader of the NAACP Legal Defense and Education Fund, Sherrilyn Ifll, fight for the citizenship and dignity of ALL people want to handle me?

Professor Moses, surely you, as an ex-prosecutor, know the unfair advantages that our government has over the regular citizen in any controversy. How much more true is that when a human is convicted, confined and isolated in a cage without adequate resources to assert basic Fourteenth Amendment rights like due process and equal protection of the laws.

I have been privileged to study Ms. Ifill’s brief but profoundly elucidating Masterclass about why we should know about the Fourteenth Amendment to the U.S. Constitution. She passionately advocates the need to “make the words of the Fourteenth Amendment mean what they say they mean and challenge the legal infrastructure that weakens and hollow out” its provisions without relying on ignored and ineffectual pleas to warped legal infrastructures feelings and conscience.

Quite simply, this is about law.

If a judge can tell a jury that to convict me they have to find that I killed the victim and then, after the judge elicits their verdictum, the jury, in writing, say they didn’t unanimously find that I killed anyone AND wasn’t permitted to find that I acted in concert with the actual murderer, where is the due process, the adherence to law?

The same way that Georgia prosecutor, Fani Willis, is using a pretextual prosecution strategy to go after Trump and to, ultimately, attempt to keep him from winning another presidency, I am justified in initiating criminal process against Larry Demery, the man who actually killed James Jordan and his lawyer for perjury and suborning perjury in this case. I will use every instrument of law to get justice.

The state made their crime material to the outcome of this case when they claimed that there was overwhelming evidence of me killing and robbing James Jordan based on Larry Demery’s word, as Luther Johnson Britt, the prosecutor, told the jury when he lied in court and said Demery word was the unchanging truth. I’m sure he wouldn’t say that under oath now because, like me, he too has evolved, as evidenced by his cooperation in helping Henry McCollum and Leon Brown win millions.

I understand the adoration for Michael Jordan, the way his influence has advanced our collective welfare in ways that I never could. I Am well aware of the infinite conflicts that this case has engendered but I am innocent of his dads murder, by law and in reality.

It is my hope and faith that soon, I will move forward in this case with an attorney who has as much love for the divine principles embodied in the laws of the land as I do. Attorneys who aren’t motivated by resentment of Michael Jordan’s success, by visions of golden eggs, nor by fear of their humanity being exposed.

I am no longer naive enough to believe that my life is as valuable as narratives that create economical engines out of thin air. Yet, I do believe that if I do my part to show the truth and falsehoods in myself and in this system I am still part of, my existence will have been worth my mother, a teenager attending an HBCU, choosing, against prudent advice, to give me life instead of flushing me down the toilet of a Fayetteville State University dorm room.

I invite you to read the motions, briefs and exhibits which your words were used against, and other evidence warranting an evidentiary hearing and a new trial on DanielGreenWebsite.com

One Love Universal,

Daniel Andre Green