BEASLEY LOSES, GOP TAKES
MAJORITY ON HIGH COURT;
COLUMBUS COUNTY SHERIFF
REELECTED
By Cash Michaels
Contributing writer
She ran a close race for most of midterm Election night, but by 11:18 p.m. EST, Democrat Cheri Beasley fell short in her effort to become the first African-American elected to the U.S. Senate from North Carolina, unofficially losing to Republican Trump-backed Congressman Ted Budd, 51% to 47%.
Beasley was actually leading Budd substantially after statewide polls closed, at one point as much as four percentage points thanks to early voting and mail-in absentee ballots. But once the Election Day voting began to be counted, Budd was able to slowly by surely eat away at Beasley’s substantial lead, and ultimately unofficially win the race.
Once his victory is confirmed, Budd will take the seat being vacated by outgoing Republican Sen. Richard Burr.
During her concession speech, Beasley told an Election Night crowd in Raleigh, “ I’m so proud of the race we have run. I’m proud that all along we stayed true to our mission - that this would be a race about the people, not politics. Even when others didn’t, we believed in North Carolina - and I do still.”
She continued, “This isn’t the outcome we wanted, but we have made history in North Carolina. Tonight, I’m thinking of all those before me who blazed their own trails so that I could reach the end of this one.”
Beasley may go back to the Raleigh law firm she joined after she previously lost her race for NC Supreme Court justice. Many political observers have said if the national Democratic Party had given the Beasley campaign more resources, she could have pulled out a victory in this contest.
The other high profile North Carolina Democrat losses from midterm Election Night were for two seats on NC Supreme Court.
Republican Richard Dietz defeated Democrat Lucy Inman for an open sear 53% to 47%, while GOP’er Trey Allen was able to oust incumbent Associate justice Sam Ervin III 52% to 48% in unofficial results. The two Republican victories mean Republicans will now hold 5 - 2 majority.
In a major irony, former Columbus County Sheriff Jody Greene, with all precincts reporting, was unofficially re-elected to the very office he was forced to resign just a few weeks ago after audio of him calling Black Sheriff Dept. employees “Black bastards” was made public.
Tuesday night, Republican Greene was leading his Democrat opponent Jason Soles unofficially 10,034 to 8, 458.
Columbus County District Attorney Jon David had earlier threatened file a petition to have Greene removed from office by a judge. He promised that is Greene were to win reelection, he would return to court to file a new petition.
In the races for the NC General Assembly, Republicans in the state Senate won a 30-seat supermajority in the 50-member body in unofficial returns, allowing them to override any veto from Gov. Roy Cooper. But the GOP fell one member shy of a supermajority in the state House, meaning they will need to convince a Democrat to join them if they was to override the governor there.
In Democratic congressional races, Democrat incumbents Alma Adams (12th) and Deborah Ross (2) both their races unofficially. They will be joined by newcomers Don Davis, who will take the 12th District seat now occupied by the outgoing G.K. Butterfield, Valerie Foushee, who replaces the outgoing David Price in the fourth District, and Wiley Nickel, who was victorious in the 13th.
That will make five Democrats on North Carolina’s Congressional delegation.
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GREENSBORO NAACP PRES.
DEFIES NATIONAL NAACP
“CEASE & DESIST” LETTER
By Cash Michaels
Contributing writer
The president of the Greensboro chapter of the NAACP is demanding “a full, fair, and impartial hearing” by the National NAACP after it sent him a “cease and desist” letter accusing him of disparaging the NAACP and being involved with the Justice Coalition USA, a group of disgruntled NAACP members that have challenged the legitimacy of NAACP Pres./CEO Derrick Johnson’s leadership.
Rev. C. Bradley Hunt II, president of the Greensboro NAACP, was responding to an October 28th missive from NAACP Pres./CEO Derrick Johnson, warning him to “cease and desist from making defamatory and disparaging statements against the National NAACP and the North Carolina State Conference [of the NAACP] and that you will cease and desist from supporting Justice Coalition USA. Failure to comply with this cease-and-desist letter may result in suspension, expulsion or other disciplinary action.”
Rev. Hunt had until Friday, November 4th at 5 p.m. EST to comply in writing to NAACP General Counsel Janette McCarthy Wallace.
In his response, Rev. Hunt stated that “the allegations in this letter are categorically false and misleading.”
“Per Article X Section 2 of the Bylaws for Units of the NAACP presented in the introduction of your letter, it is now appropriate for me to address these accusations in an official hearing,” Rev. Hunt continued. “I cannot agree to fulfill your request to "cease and desist" until I receive a full, fair, and impartial hearing.”
“Please advise on the date, time and location of the requested hearing. I look forward to a response regarding this matter,” Rev. Hunt concluded.
There had been no response to Rev. Hunt’s reply by Monday, November 7th.
In that Oct. 28th NAACP “cease-and-desist” letter to Hunt, Pres. Johnson indicated that “Article X, Section 2 of the Bylaws for Units of the NAACP states that “[t]he Board of Directors, upon satisfactory evidence that an officer or member of the Association...is guilty of conduct not in accord with the principles, aims and purposes of the National Association for the Advancement of Colored People...or guilty of conduct inimical to the best interests of...the Association may order suspension, expulsion or other disciplinary action against such officer or member, after a full hearing if requested by the respondent in accord with the provisions of this Constitution.”
The Johnson letter continued, “You have engaged in inimical conduct that is not in accord with the principles of the Association. More specifically, you are a vocal member for the Justice Coalition USA, an organization that is undermining and discrediting the National NAACP and the North Carolina State Conference NAACP. In that capacity, you have engaged in conduct that is detrimental to the Association.”
Johnson then accuses Rev. Hunt of making false accusations and “libelous statements.”
“Moreover, the Justice Coalition has been soliciting donations in support of litigation against the National NAACP,” Pres. Johnson continued. “On the coalition’s website, it states “[d]ue to the upcoming litigation against the National Leaders that have slandered the good name and reputation of the current State Leaders we are asking for donations to help with the fight for Justice within the NAACP.” https://justicecoalitionusa.org/donate/ Article X, Section 2 of the Bylaws for Units of the NAACP states that “[a]ny member who files litigation against the National NAACP or against any of its units without having pursued the remedies within the framework of the Association, shall be deemed as exhibiting behavior not in accord with the principles, aims and purposes of the National Association for the Advancement of Colored People, meriting suspension, expulsion, or other disciplinary action.” By soliciting donations for a lawsuit against the National NAACP, you are engaged in behavior not in accord with the principles of the NAACP.
Finally, Johnson wrote, “The Justice Coalition USA continues to promote the false narrative of disenfranchise- ment. On September 12, 2022, the Justice Coalition USA sent a letter to the President and CEO stating the National NAACP’s Election Buddy system “disenfranchised many of our senior members who are not computer literate.” The coalition described the system as a “flawed method” and requested a meeting with the President and CEO.”
On Sunday, this reporter sent a request “request for comment” to General Counsel Wallace, asking to explain how elderly members of the NAACP were suppose to vote in upcoming branch elections if they could not afford a computer, be able to maintain the cost of wifi service, or lived in rural areas where there is no broadband service.
Atty Wallace had not responded by press time Monday afternoon.
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NC APPELLATE COURT
UPHOLDS PUNISHMENT
FOR ATTORNEY ACCUSED
OF SWINDLING INNOCENT
BLACK MEN
By Cash Michaels
Contributing writer
On November 1st, the NC Court of Appeals upheld a decision by the State Bar to suspend the law license of an attorney accused of swindling two Black mentally impaired half-brothers who had served more than 30 years in prison for a rape and murder of an 11-year-old Red Springs teenager they did not commit.
The attorney, Patrick Michael Megaro, reportedly took hundreds of thousands in restitution money from Henry McCollum and Leon Brown.
Both men were once sentenced to death in 1983 for the crime. Upon appeal, they were both found to be intellectually deficient, and re-sentenced to life in prison until they were exonerated in 2014 when DNA evidence proved their innocence.
Upon McCollum and Brown’s release, they were represented by attorneys for free in filing civil lawsuits against the Red Springs Police Dept. for alleged misconduct. Those lawyers also filed pardon petitions for restitution by the state for their wrongful convictions and 30 years incarceration.
Reportedly, two consultants contacted the sister of the men, promising to put them in touch with an attorney who they said was better equipped to help Brown and McCollum manage all of money that would be coming in from the lawsuits and restitution for $10,000 each.
Enter Attorney Patrick Michael Megaro in 2015.
Megaro worked out a deal with Brown, McCollum and their sister for 33% of any proceeds awarded from the Red Springs Police Dept. lawsuit, as well as the $750,000 each in restitution from the state. Megaro also got them to agree to taking out $100,000 loans at 19% each compounded every six months.
According to the Disciplinary Hearing Commission of the North Carolina State Bar, and upheld by a three-judge panel of the North Carolina Court of Appeals, the state paid $1.5 million ($750,000 each) to McCollum and Brown in Sept. 2015, but it did so through Attorney Megaro. He, in turn $500,000 off the top as his contingency fee, then took other monies for various other expenses, effectively cleaning Brown and McCollum out financially.
It wouldn’t be long before other attorneys for the half-brothers hauled Megaro into court, claiming that he filed false papers on their behalf just to have access to their money, and also alleging that they did not suffer from mental deficiencies and could manage their finances.
But several mental specialists testified the Brown and McCollum did not have the capacity need to manage large sums of money, and could not have fathomed what Megaro was doing with their money.
The court agreed, and soon a complaint against Megaro was filed with the NC State Bar. Megaro appealed their decision to the NC Court of appeals, and lost.
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DEMOCRATS DECLARE VICTORY
WITH NC HIGH COURT LEANDRO
DECISION
By Cash Michaels
Contributing writer
NC Democrats may not be thrilled with all of the November midterm election results, but the state Supreme Court’s pre-election 4-3 ruling in the 25-year-long Leandro case upholding a lower court’s order to the Republican-led NC General Assembly to begin funding public education according to the court-approved Comprehensive Remedial Plan ,overwhelmed state Democrats.
“It’s our constitutional duty to ensure every child has access to a sound basic education,” said Gov. Roy Cooper in a statement. “As the NC Supreme Court has affirmed….we must do more for our students all across North Carolina."
The chair of the NC Democratic Party, Dr. Bobbie Richardson, was also ecstatic.
“This ruling is a massive victory for public education in North Carolina, for our students, and for the future of our state. Access to a quality public education should be a right for every child. Today, we are grateful that the court has agreed. Now, after years of Republican failure to adequately fund public schools, the North Carolina Supreme Court issued a ruling mandating that our General Assembly fully fund the Leandro Education Plan — providing our public schools with over $5.6 billion in education spending through 2028.
What are Democrats crowing about?
Finally, after 2 years of litigation, North Carolina’s public schools, from the richest counties to the poorest, will be funded by the state at the same levels, affording each and every student no matter where he or she lives, the same resources for learning, Democrats say.
It all harkens back to 25 years ago when five of the state’s poorest counties - Hoke, Halifax, Robeson, Vance and Cumberland - along with several low-wealth families, sued the state, alleging that their children were not getting the same level of educational instruction or resources as richer counties.
In 1997, the NC Supreme Court agreed, ruling that according to the state Constitution, each and every child is guaranteed “a sound, basic education,” and the legislature to make it happen.
In the subsequent years, Democrats led the legislature, but failed o follow the High Court’s order. In 2011, Republicans took leadership in the NC General Assembly, but still failed to provide adequate public school funding.
Before he retired, Superior Court Judge Howard Manning held several hearings, and determined that the state was indeed delinquent in its responsibility to publicly schools.
In 2016, having taken over the Leandro case from the retired Judge Manning, State Superior Court Judge David Lee later issued a January 2020 court order charging that North Carolina is, in fact, further behind in providing educational equity than before. Judge Lee ordered that the state move “expeditiously” and “without delay” to transfer funding to meet the Leandro obligation.
Gov. Cooper would later propose in his 2021 budget that that funding would occur. A Democratic House Bill 946 would also propose a plan, but both were ignored by the republican-led NC General Assembly. That June, Judge Lee approved a seven-year plan that the State Board of Education, Cooper and the Leandro all signed off on - $5.6 billion in new education funding through 2028.
Saying that Judge Lee has no say in education funding, state Republican lawmakers again ignored his order. A resolute Judge Lee gave GOP legislative leaders a deadline in September 2021.
Ultimately, the state Supreme Court stepped in to decide whether Judge Lee (who has since deceased), had the proper authority to order the state to increase public school funding.
According to Publicschoolsfirstnc.org, the state Supreme Court’s recent order “…sends the case back to a trial court to determine how much money should be transferred. The Comprehensive Remedial Plan (Leandro Plan) provides specific guidance on what is needed to make sure schools are adequately resourced. It calls for more than $5.6 billion to be spent over eight years, but the order applies only to years two and three, which called for $1.75 billion.
“Although this ruling addresses only years two and three of the eight-year Comprehensive Remedial Plan, it provides clear direction that years four through eight should also be fully funded.”
And how are Republicans reacting to the High Court ruling? At press time prior to Election Day, the GOP was quiet, waiting to see how the midterm election results would pan out.
But for now, the legislature is under judicial order to provide more and equal funding to all of the state’s pubic schools.
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