Letter To Gov. Corzine
United African Movement
____________________________________________________________________________________________
____________________________________________________________________________________________
Alton H. Maddox, jr. Tel: (718) 834-9034
Chairman Fax : (718) 834-1275
16 Court Street
Suite 1901
Brooklyn, NY 11241
June 18, 2007
Gov. Jon Corzine
Office of the Governor
P.O. Box 001
Trenton, NJ 08625
Re: New Jersey v. Darden in Bergen County
Superior Court
Dear Gov. Corzine:
The above-referenced case requires your immediate attention to avoid a miscarriage of justice. There are possible judicial and prosecutorial improprieties and ethical violations. They include conflicts-of-interest and appearances of improprieties which have given rise to punishment before trial because of the unconstitutional application of bail.
A criminal complaint, involving stale accusations, was filed against James Darden. He allegedly had a sexual relationship with a minor in 1999 when the complainant was 13 years old and Darden, an esteemed educator, was her teacher. He is the recipient of the Miliken Family Foundation National Educator Award and is being held in the Bergen County Jail in lieu of $350,000 bail without a cash alternative.
Relative to similar situations in New Jersey involving suspected liaisons between white educators and minors, no rational explanation has been offered to justify the bail conditions imposed on Darden who is a descendant of enslaved Africans. I have also been informed and verily believe that the complainant is not only white but she is also the daughter of a prominent judge in Bergen County.
If that is the case, a special prosecutor should have been appointed to initiate the criminal investigation and, if warranted, commence the criminal prosecution. The above-referenced prosecution is void ab initio. In addition, every judge in Bergen County should have declined to exercise any judicial authority.
This was the result in the Tawana Brawley case in Dutchess County, New York. Dutchess County Court Judge Judith Hillery informed Gov. Mario Cuomo that Assistant District Attorney Steven Pagones was a suspect in the kidnapping and rape of a minor, Tawana Brawley.
Gov. Cuomo immediately appointed a special prosecutor and every judge in Dutchess County eventually declined to participate in any judicial proceeding concerning the case. Pagones’ father was a judge. The prosecutor in Bergen County and judges in that venue should be fully aware of their ethical obligations.
I believe that the high bail, imposed on Darden, has arisen because of his race in addition to prosecutorial and judicial retaliation against Darden for his alleged involvement with a judge’s daughter. The case certainly has the appearances of judicial and prosecutorial improprieties and no reason can be offered why New Jersey should treat this case any differently than New York treated Brawley with respect to conflicts-of-interest. The ethical obligations of judges and prosecutors are uniform.
Substantial reasons exist to believe that New Jersey is operating a dual system of justice. The first source, for this belief, is newspaper articles involving bail decisions in New Jersey. Two cases of interest involve white educators, James Cunneely of Newton and Sylvester L. Jones of Morrisville. Neither New Jersey educator had to post more than $10,000.00 bail for allegedly having sex with a minor.
Very truly yours,
cc: Stuart Rabner, Esq.
Office of the Attorney General
____________________________________________________________________________________________
____________________________________________________________________________________________
Alton H. Maddox, jr. Tel: (718) 834-9034
Chairman Fax : (718) 834-1275
16 Court Street
Suite 1901
Brooklyn, NY 11241
June 18, 2007
Gov. Jon Corzine
Office of the Governor
P.O. Box 001
Trenton, NJ 08625
Re: New Jersey v. Darden in Bergen County
Superior Court
Dear Gov. Corzine:
The above-referenced case requires your immediate attention to avoid a miscarriage of justice. There are possible judicial and prosecutorial improprieties and ethical violations. They include conflicts-of-interest and appearances of improprieties which have given rise to punishment before trial because of the unconstitutional application of bail.
A criminal complaint, involving stale accusations, was filed against James Darden. He allegedly had a sexual relationship with a minor in 1999 when the complainant was 13 years old and Darden, an esteemed educator, was her teacher. He is the recipient of the Miliken Family Foundation National Educator Award and is being held in the Bergen County Jail in lieu of $350,000 bail without a cash alternative.
Relative to similar situations in New Jersey involving suspected liaisons between white educators and minors, no rational explanation has been offered to justify the bail conditions imposed on Darden who is a descendant of enslaved Africans. I have also been informed and verily believe that the complainant is not only white but she is also the daughter of a prominent judge in Bergen County.
If that is the case, a special prosecutor should have been appointed to initiate the criminal investigation and, if warranted, commence the criminal prosecution. The above-referenced prosecution is void ab initio. In addition, every judge in Bergen County should have declined to exercise any judicial authority.
This was the result in the Tawana Brawley case in Dutchess County, New York. Dutchess County Court Judge Judith Hillery informed Gov. Mario Cuomo that Assistant District Attorney Steven Pagones was a suspect in the kidnapping and rape of a minor, Tawana Brawley.
Gov. Cuomo immediately appointed a special prosecutor and every judge in Dutchess County eventually declined to participate in any judicial proceeding concerning the case. Pagones’ father was a judge. The prosecutor in Bergen County and judges in that venue should be fully aware of their ethical obligations.
I believe that the high bail, imposed on Darden, has arisen because of his race in addition to prosecutorial and judicial retaliation against Darden for his alleged involvement with a judge’s daughter. The case certainly has the appearances of judicial and prosecutorial improprieties and no reason can be offered why New Jersey should treat this case any differently than New York treated Brawley with respect to conflicts-of-interest. The ethical obligations of judges and prosecutors are uniform.
Substantial reasons exist to believe that New Jersey is operating a dual system of justice. The first source, for this belief, is newspaper articles involving bail decisions in New Jersey. Two cases of interest involve white educators, James Cunneely of Newton and Sylvester L. Jones of Morrisville. Neither New Jersey educator had to post more than $10,000.00 bail for allegedly having sex with a minor.
Very truly yours,
cc: Stuart Rabner, Esq.
Office of the Attorney General
posted by Attorney Alton Maddox at 11:57 AM
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