DANIEL ANDRE GREEN, THE MAN CONVICTED OF KILLING JAMES JORDAN, THE FATHER OF MICHAEL JORDAN, FILES PRO SE MOTION FOR NEW TRIAL ALLEGING THAT THE ROBESON COUNTY PUBLIC DEFENDER’S OFFICE AND THE NORTH CAROLINA APPELLATE DEFENDERS OFFICE WERE INEFFECTIVE IN REPRESENTING HIM BY:
1. PROMISING THE JURY THAT MICHAEL JORDAN’S MOM, DELORIS JORDAN, WOULD TESTIFY THAT SHE SPOKE TO HER HUSBAND WEEKS AFTER HIS MUR DER WHEN MRS. JORDAN NEVER CONFIRMED LAW ENFORCEMENTS ALLEGATIONS THAT SHE DID;
2. FOR NOT FILING A MOTION TO SET ASIDE THE VERDICT AFTER THE JUDGE ELICITED THE JURY’S REVELATION THAT THEY DID NOT UNANIMOUSLY FIND THAT GREEN KILLED JAMES JORDAN;
3. AND, FOR ALLOWING THE MURDER OF JAMES JORDAN AND MICHAEL JORDAN’S CELEBRITY STATUS TO BE POLITICIZED AND MONETIZED TO PASS THE VIOLENT CRIME CONTROL LAW ENFORCEMENT ACT OF 1994.
DANIEL GREEN, THE MAN WRONGFULLY CONVICTED OF MURDERING MICHAEL JORDAN’S FATHER, ARGUES THAT HIS LAWYERS DECISION TO PROMISE THE JURY THAT, ” THE EVIDENCE WILL SHOW THAT [ DELORIS JORDAN] INFORMED DONALD CHIAFOLO THAT SHE SPOKE WITH HER HUSBAND ON AUGUST 5TH….WHEN THE STATE CLAIMS THAT JAMES JORDAN WAS DEAD TWO WEEKS EARLIER” DESTROYED THE CREDIBILITY OF HIS DEFENSE AND CAST UNFOUNDED ASPERSIONS AT THE VICTIM AND HIS FAMILY.
In a nutshell, I am certain that my lawyers were ineffective for promising the jury that the evidence would show that Michael Jordan’s mom told her husband’s business associate that she talked to him weeks after he died and that others ” almost amazingly” saw Mr. Jordan in a Fayetteville, NC library after he died.
Why? Because, if Mrs. Delores Jordan had spoken to Mr. Jordan in August, that would mean that my alibi defense is irrelevant.
My alibi is that I was at the home of an extended family member with a girl I barely knew during the time the murder occurred on July 23rd between 1:30 AM and 3:30 AM.
For my attorneys to promise to produce evidence that falsely attributed a lie to Michael Jordan’s mom, of all people, was poor judgment. It was a tactical error that appears to have been based on my lawyers taking the word of the authorities without doing their own due diligence.
I know how I am when it comes to my mom being disrespected, or falsely accused, or hurt in any way by any one: I’m not trying to hear any explanations. One of the main reasons I filed this latest motion myself is because my mother has been through cancer, and other health issues since 2018 when she and my loved ones were manipulated into thinking I would be free within months.
Anyone who thinks I am dragging this case out to get a wrongful conviction for a multimillion dollar pot of gold at the end of this rainbow is misled, or projecting their own greedy values upon me.
Nothing is as precious as time and health. I’m sure that plenty of our wealthy elders would agree with me. I wouldn’t sacrifice time with my mother for money. I wouldn’t put anyone’s life on the altar for money, and I definitely didn’t get pulled into this nightmare for my material gain.
WHAT IS AN “INCONSISTENT MUTUALLY EXCLUSIVE DEFENSE”?
James Jordan being alive in August would’ve excluded the possibility that I had an alibi for the time of his death in July, and vice versa.
Both of these accounts can’t be true. To promise a jury that the evidence would prove mutually exclusive accounts was unnecessary, incredulous, and inexplicable. It automatically ruined the lawyer’s credibility with the jury. Once my lawyers did that there was no longer any need for the state to prove anything beyond a reasonable doubt; they had to prove everything to jurors by overwhelming evidence for it to be accepted.
Along the same line, at least one of my trial lawyers tried to prove that James Jordan had reason to fake his death and that the body South Carolina authorities found was not James Jordan but was a Robeson County man who authorities claimed was missing but, in fact, wasn’t. There was no admissible evidence of any of these conspiracy theories that I’ve ever seen.
MY TRIAL LAWYERS AFFIDAVIT
In fact, on 26 March 2015 my trial attorney signed a notarized affidavit bravely admitting that he and co- counsel “argued that Jordan was seen alive after the State said he was dead. We named witnesses who would testify to swing or talking to James Jordan after the State said he was dead, including his wife Delores Jordan who had said she talked to him by phone in August 1993. We failed to determine that this information lacked credibility until after we forecasted it to the jury. I did not personally interview those witnesses prior to trial, and did not produce that evidence at trial as forecasted. The defense went over our theory with Mr. Green prior to trial, and informed him nothing could be more damaging than if we forecast to the jury a certain body of evidence, then change our minds.'”
DID THIS HURT MY CASE?
Of course it did. In his closing arguments the prosecutor ridiculed my lawyers for daring to insult the jury’s intelligence. He also accused them of attacking the victim.
Demery was the only person who testified that I was involved in James Jordan’s murder. He never would’ve told that lie if the police hadn’t lied to him and convinced him that I lied and said I witnessed him killing James Jordan. Using the dialectical method of good cop/bad cop Cumberland County Sheriff’s Dept., Don Smith, threatened him with the death penalty by a “needle up your ass son!” They begged him to not let me blame him and to “help yourself son!” They told him what to say. SBI agent, Barry Lea, wrote a “confession” for him to sign.
SBI agent, Kim Heffney, Robeson County Sheriff’s Dept. Investigator, Anthony Thompson, Mark Locklear, and Cumberland County Sheriff’s Dept. Jimmy Henley also played significant roles in interrogating Larry Demery for hours until he signed the statement saying what they needed him to say to show probable cause for the magistrate to charge the both of us with James Jordan’s murder.
He was an eighteen year old kid who didn’t know that by him telling them what they wanted him to say (that he and I robbed James Jordan and that I killed him) he had just confessed to felony murder.
Like most people he didn’t know that you are guilty of murder if you rob someone and they are killed by another. By the time he found out he couldn’t back out, they already had his false confession recorded. Case closed.
Over the next two years the officers, his lawyer, Hugh Rogers, and then Robeson County District Attorney, Luther Johnson Britt, lll met with Larry, modified their narrative to fit the real and manufactured evidence, and used the decentralized relevancy feed they surrounded him with to possess him with their will, their version, their brainwash.
What is a decentralized relevancy feed (DSF)?
A DSF is a brain washing technique used to lead a person into the desired behavior by surrounding them with people who FEED and supply information to them in a way that seems unplanned and random and therefore more believable and RELEVANT.
It’s DECENTRALIZED because it’s not apparent that the variety of people influencing your decisions are working together.
You may think that you just happened to meet them or that it was God that brought them to you but the whole time they are working for, and manipulating you for the adversary.
In Larry’s case they transferred him across the street to the newly built Lumberton Correctional prison for “safekeeping” in solitary confinement where the only company he had was his radio, which he admitted talking to to keep from killing himself, and older, wiser inmates with more experience with the court system that provided guidance he relied on to make decisions.
For instance, a man facing capital punishment, named Mulehead, who had no business being housed in a medium custody facility, provided Larry with psychotropic drugs and companionship.
Mulehead, and according to Larry, the D.A. convinced him that because, back then, sentences were automatically cut in half and people serving life become eligible for parole after serving twenty years, Larry would do only ten years if he earned his plea deal by cooperating with his lawyers, the District Attorney, and police by complying with their directives and what he thought they wanted to hear. A life sentence couldn’t be cut in half like most other sentences could. But desperation and a lack of knowledge are powerful tools of behavior modification.
Other inmates were used in similar ways to work him. Larry, who never displayed a trace of racism in the seven years I knew him, was documented saying racist remarks with them to justify lying on me because he thought I “snitched” on him.
This is the same person who became my best friend and brother in third grade when he stood up and gave an anti-racist speech with me at a program celebrating Black History month when even some of the other Black kids wouldn’t. Whose house I slept in, whose church I worshiped in, whose uncle took me to the beach and camping for the first time. Whose family, besides his racist and abusive father, I would have risked my life to save if required.
But, that is what DRF does. It alters your values, your perception, your character and even your soul. It is the perversion of culture, the legion of demons that possessed the man that Christ exorcised, the cult of personality, the street nigga code. It is what people see when they blindly blame the Illuminati. It is the basis of every scam that manipulates us against one another, even those who use it, as we all have, by gossiping, passing bad seeds, fueling implicit bias and believing the worst about one another without demanding infallible proof. So, I’m not blaming Larry for falling victim to it, nor those who, under intense pressure to resolve this case, worked as if the ends justifies the means. This shit is tragic to me because not only did I lose my life for something I didn’t do but I lost it because someone I loved like a brother lied on me and now my standard of trust is so high that very few dare or care to meet it.
According to documents from an internal investigation at the Robeson County Detention Center that Luther Johnson Britt provided to my former attorney, Scott Holmes, in 2015, officers at the county jail regularly gave Larry drugs.
These drugs could’ve been spiked with anything, used, in conjunction with the psychotropic drugs he was prescribed, and the DRF behavior modification program, to brainwash him.
You have to wonder how it is that Eric Von Hackney, Britt’s investigator, knew an officer was bringing Larry drugs but never charged him.
The fact is that it is very common for people awaiting trial to be drugged by the state. While I was in the county jail, I too was drugged with Ativan and Valium by Dr. Strawcutter, thinking that it was acme medication. A fellow detainee, Darryl Locklear, realized what they were doing to me and sent one of the pills to my lawyer and told him that I was being drugged silly. To be honest, some lawyers don’t mind their clients being drugged. It keeps the clients out of their hair, and keeps the clients from being aware that their best interest isn’t being served. Teachers, foster parents and parents are sometimes the same way. The ultimate perversion of paternalism.
Fortunately my drugging didn’t last that long because after Darryl exposed what they were doing to me two officers jumped on me while I was handcuffed and beat me in the head while drowning me with mace. I went on a hunger strike for weeks until I started having visions of the future. No, not delusions, visions. That’s another story for another day….
My lawyer, Woodberry Bowen, documented the injuries after they threw me into the hole to cover up what happened. He told me that he threatened to sue them for drugging me under false pretenses but never did. Not only did they continue to drug Larry after they moved him but they also allowed him to go home to eat with his family.
It was only after taking dog training classes and studying the psychology behind training a dog to be obedient that I truly grasped how they coerced him to cooperate in their efforts to send me to death row. Understanding engenders compassion, compassion engenders understanding which pierces to the truth.
As the prosecutor, Luther Johnson Britt admitted to a WRAL reporter, Amanda Lamb, if not for his “cooperation” Larry Demery would have likely received the death penalty by that needle up his ass.
What would you or your kid do in the same predicament if you had killed someone who turned out to be Michael Jordan as Larry did, if they drugged you up, and gave you special privileges that only come from being their puppet?
PAWNS IN THE GAME
The States strategy of validating Demery’s credibility to legitimize his perjury as the truth, the whole truth and nothing but the truth was necessary to gain a conviction.
It was the strategy of a chess master playing a game where truth, justice, and the lives of all the people negatively affected by the politicization and monetization of Michael Jordan’s celebrity and his fathers murder were, and still are, treated as nothing more than expendable pawns.
I have lost loved ones and decades in prison with this scarlet letter on my back. The whole nation has suffered as a consequence of the law this case was used to pass – the Violent Crime Control and Law Enforcement Act of 1994. The same crime bill that President Clinton, President Biden, Senator Jim Clyburn and Senator Bernie Sanders have all apologized for.
Yet, there were multiple flaws in the States strategy. One of these flaws is that the State assumed a heavier burden of proof by binding themselves to the narrative that they, Demery, and his attorneys crafted.
By law, the jury couldn’t convict me of felony murder unless all twelve jurors found me guilty of robbing James Jordan AND shooting him myself. The judge was constrained by the States strategic choices and by the applicable State and Federal Constitutional law and by North Carolina’s statutory law. He had to instruct the jury that to find me guilty of murder they had to find that I killed James Jordan and robbed him.
WHAT’S NEXT?
The court must schedule an evidentiary hearing to determine (1) Whether Mr. Green’s attorney’s were deficient for not filing these claims years ago, (2) Whether this error was prejudicial, (3) Whether there is a reasonable possibility of a different trial outcome if the lawyers had raised these claims at trial or during appeal and (4) Whether the attorneys had a strategic reason not to litigate this issue and overturn the conviction when they represented Mr. Green.
WINNING THE GAME
Every case is a “game”. It has contestants (the lawyers). It has rules (Constitutional law, statutory law, and common law). It has a ref (the Judge). But, how will you know when a game is won in court?
What does the goal line look like in this case? If you can’t answer that question, how do you know if the ref is fair, if the game is rigged?
In this type of case the game isn’t won by convincing the judge to acknowledge a defendant’s innocence.
THE GOAL OF THIS GAME IS TO PROVE THAT THERE IS A REASONABLE POSSIBILITY THAT AT LEAST ONE JUROR WOULD HAVE NOT FOUND ME GUILTY OF KILLING THE VICTIM.
This has already been proven, as you can see, but the lawyers didn’t bring it to the judges attention when the jurors announced that they didn’t unanimously find that I killed James Jordan and because they didn’t, I, the only one in this game who has, and can, lose life, am forced to do so.
In 1999, Janine Fodor wrote that the law is on my side, the courts just have to apply it.
Janine Fodor wasn’t just my appellate attorney, she was also, along with current N.C. ACLU Executive Director, Henderson Hill, who also worked on my case, one of the original authors of the first edition of the “North Carolina Public Defenders Manual.”
Janine, along with Darnell Boyntin, who was in law school at the time & met with me after being inspired by his attendance to the Million Man March on Washington, DC, lit my desire to learn law.
Janine sent me Juan Brown’s biography on Supreme Court Justice Thurgood Marshall, and a book about the Nuremberg trials which sparked my ability to see crime & injustice as timeless problems that law could address if wielded fearlessly, expertly, compassionately, and transparently.
Darnell, because he was young and Black like me, made me believe that I could rise above my intellectual disabilities and eventually comprehend the law.
I had no idea of just how difficult a task that would be for me but he made me believe I could even as part of me was still so traumatized that I considered anyone who offered friendship as being a potential plant out to scapegoat me or spy on me.
That didn’t retard or restrict my love for Darnell but genuine trust takes time and effort to develop and my life taught me to only trust God.
Janine wrote to inform me that my lawyers had been ineffective but didn’t explain how.
Honestly, even if she had I wouldn’t have understood it. I didn’t even understand the words, much less the labyrinthine doctrine ineffective assistance of counsel encompasses.
Although a book worm in some ways, I was uneducated due to my previous wrongful conviction and imprisonment, and, I was miseducated by jail house and real lawyers who, with few exceptions, were only interested in conning convicts out of their money, or were earnest but ill informed, or who were agents sent to mislead me into digging for needles in haystacks.
The exceptional few who gave me light in the law craft will be acknowledged and compensated in due time, whether they are caged or free. I honor them by giving it out like they gave it to me: With goodwill and the hope that you will benefit from it and be a light to those who need it.
Like it or not, we are all lights on the path.
Even when we choose darkness the absence of light in our actions still reveals what way to avoid by the consequences thereof, but it’s always better to stay in the sunshine.
Speaking of light…
Thank you in advance to all journalists who dare to cover this with a fearless commitment to free speech and open courts. We’ve all heard that injustice anywhere is injustice everywhere. This is a chance to show how that is so.
UTMOST RESPECT to all the journalists who resist the low hanging fruit of fake news and are doing their due diligence even when it costs you your corporate diamond encrusted cuffs and muzzles.
I know that sometimes your hands are tied and you can’t speak the truth but know that for those of us who have been slandered with false accusations and charges, beat, and subjected to the Inquisition experience to silence us, we will continue to expect that you live by the ethics and integrity you claim that you do.
We won’t accept propaganda for news.
We will become more advanced in our use of critical thinking to separate truth from lies, no matter who it comes from, no matter what label or name they claim, no matter how real, famous, or holy they may appear.
Good fruit isn’t offended by being tasted and tested.
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