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Dwayne,

Your story deserves notice and it’s getting attention (to the exclusion of other important cases or information?). For instance, the number of unsolved violent crimes and situations where violent criminals are actually released to society escapes mention at the N&O.

For instance, when was the last time the N&O reminded readers how many 1st and 2nd degree murderers are on probation or parole after serving time in North Carolina prisons? Did you know that there are more murderers on probation or parole in our state than there are on death row? Has the media said anything recently about the 7 murderers who’ve escaped our prison system and have not been seen or captured for years?

I think that we can both agree that the judicial system is slow (and imperfect). We can agree that many cases are delayed longer than is necessary and that these delays have an impact on the perceived accuracy and effectiveness of law enforcement. There are recent cases that prosecutors dropped because evidence and witnesses perished (the years took their toll, evidence deteriorated, witnesses died).

My observations has been that N&O reporters and columnists avoid considering the notion that reward monies are offered in some cases because witnesses might be threatened or suffer real losses when they come forward. At times they seem side with advocates of those accused, if only because prosecutors and families of victims have more to lose if they say anything outside the courtroom. N&O columnists often seem to side with or think like defense lawyers and advocate for persons who are accused.

I’ve reminded N&O staff on occasion (numerous times) that many of the offenders they write about demonstrate consistent and repetitively dangerous behaviors even when they are placed behind bars. Much of this information is available to the public but their policy has been not to include it in their articles or give “prison infraction histories” serious consideration in their columns.

I understand (first hand) what victims of crime go through and can tell you they don’t want innocent persons sent to prison because that means that a guilty person probably doesn’t serve time for their crimes. What I don’t understand is why the N&O chooses to use their forum in a manner that’s more likely to trigger public appraisals of good persons who happen to work for the state or law enforcement. They do more to inflame (or sensationalize) situations than to help sometimes… you have to admit that when they do this it sells more papers.

Personally, I don’t lose sleep at night wondering if there’s going to be another “Dwayne Dail case” tomorrow. Trial courts demand DNA evidence in rape cases like these and the testing can be done during the discovery phase. If a case occurred under identical circumstances today I doubt that charges would even be filed.

This doesn’t diminish the seriousness of what happened in your case one bit. State laws already require that evidence be made available for independent testing. The courts seem to have been slow to listen to (or require testing of) new evidence, evidence that implicated other persons and proved innocence of a person who was wrongfully being incarcerated.

http://www.ncleg.net/enactedlegislation/statutes/html/bysection/chapter_15a/gs_15a-269.html

One day we will meet. I look forward to it. We have much to discuss. Enjoy the holidays.