Henley on DA's conclusions: 'Someone missed the boat'

Gardenia Henley, a former NC House candidate and retired State Department auditor who has investigated voter fraud in Forsyth County, offers a formal response to a reported finding by the State Bureau of Investigation that there was no widespread fraud in an incident in which a woman was caught voting twice:

Who determined the scope of this investigation? I would like to review the SBI's findings and recommendations. Someone missed the boat on this one.

In this case, it did not matter if this was "an isolated incident or a wider case of voter fraud," it was an illegal act either way. This particular case should be dealt with and investigated properly. Candidates accompanied this individual while voting several times. This part of the voter fraud issue and investigation must be dealt with.

The individuals who voted more than once could very well plead ignorant to the law, but the 3 individuals (Jimmie Bonham, Everette Witherspoon and Susan Frye) who accompanied and assisted this voter to vote more than once cannot by any stretch of the imagination. We need to set an example for the rest of the counties in the state of North Carolina.

In this case, the consequences of committing a federal offense should be dealt with, whether it was one person or a thousand people violating the law. I believe that state officials know that if they prosecute this individual, she will sing like a hummingbird and will verify what I have been saying all along.

To conclude that "this was not a widespread case of voter fraud" indirectly confirms that there was, in fact, a finding of voter fraud, that must be properly dealt with.

Jim O'Neill is another person who should not be investigating [Forsyth County Board of Elections]. I have identified him as another person who is in conflict with the elected officials who helped this woman vote more than once. He as well as others, including Frank Dickerson, have helped to finance the alliance members' campaign who were helping this woman vote and other vote more than once. I can prove it.


Details of the allegations of voter fraud can be found in Henley's report, available on her blog.

YES! Weekly takes 2nd place for general excellence in press awards

Cutline: Art Director Devender Sellars (center) and News Editor Jordan Green (right) accept the NC Press Association's 2nd place award for general excellence for weekly publications with a circulation of more than 10,000 on behalf of YES! Weekly.

YES! Weekly is proud to have received the NC Press Association’s second-place award for general excellence in community newspapers Division C, for weekly publications with a circulation of more than 10,000.

The judge wrote that it was a difficult choice between for first place in the category, but ultimately conferred first place to the Brunswick Beacon in Shallotte. The judge said of YES! Weekly: “Catchier and with a super-attractive design, I liked YES! Weekly’s layout and typography. There’s a lot of meat to this tabloid and a lot of hard work goes into it. There’s something for everyone in its pages.”

News Editor Jordan Green took home first place for online breaking news for a story last year about Guilford County Commission Chair Skip Alston warning members of the Greensboro City Council of the potential consequences of bringing a hotel bond matter back up for a vote.

Devender Sellars, Loren Bailey and Erica Katz, members of the design staff, won second place for appearance and design. Based on an Aug. 18, 2010 built around a cover story about the Wyndham Championship, the judge wrote, “Very close second.” The Independent Weekly of Durham, which swept the awards in Division C, took first place in appearance and design.

Congratulations also to the News & Record for second place for general excellence in daily newspapers Division F for publications with a circulation of more than 35,000. News & Record staff also won in the following categories: first place by staff for general excellence for websites; first place by staff for editorial page; first place by Tim Rickard for graphics; first place by Rob Brown for sports photography; first place by first place by Joseph Rodriguez in feature photography; second and third place by Jerry Wolford in sports feature photo and third place for best video; second place to Allen Johnson for editorials; second place by Charles Wheeler for headline writing; second place by Mike Fuchs, Faun Finley and Michael McQueen for use of an interactive feature; second place by Morgan Josey Glover for education reporting; second place by Gerald Witt, Jonnelle Davis and Ed Hardin for sports news reporting; third place by Robert Lopez for feature writing; third place by Dawn DeCwikiel-Kane for arts and entertainment reporting; and second place for graphics and third place for illustration/photo illustration to Margaret Baxter; third place to Jeri Rowe for serious columns.

Congratulations to the following staff at the Winston-Salem Journal, also in Division F: Lauren Carroll for second place in general news photography and third place in sports photography; Richard Craver for third place in business writing; Nicholas Weir for third place in use of an interactive feature; Laura Giovanelli for criticism.

Congratulations to the High Point Enterprise in daily newspapers Division E, publications with a circulation of between 10,000 and 35,000, for awards won by staff in the special section category, by Jimmy Tomlin for first place in feature writing and by Paul Johnson for third place in business writing.

Congratulations to the staff of the Rhinoceros Times for first place in headline writing for community newspapers Division C.

'Undocumented and unafraid': Ginocchio-Silva addresses immigrant issues during HK on J rally


Loida Ginocchio-Silva (right), an undocumented North Carolinian, is embraced by the NC NAACP president Rev. William Barber during the fifth annual Historic Thousands on Jones Street rally Saturday in Raleigh. Ginocchio-Silva delivered an impassioned address to the hundreds in attendance about the 'unjust' nature of the state's immigration laws. (photo by Keith T. Barber)

Loida Ginnocchio-Silva, an undocumented North Carolinian and activist for immigration reform, openly criticized state law which requires undocumented students to pay out-of-state tuition rates at community colleges and state-supported universities during the fifth annual Historic Thousands on Jones Street march and rally in Raleigh on Feb. 12.

For the complete article in this week's edition of YES! Weekly, visit: http://www.yesweekly.com/triad/article-11534-hundreds-march-on-jones-street-for-economic-and-social-justice.html

The following is a transcript of Ginocchio-Silva's remarks:

“My name is Loida Ginocchio-Silva and I’m an undocumented North Carolinian. Some of you may know me as an illegal alien.

“I moved to Kernersville, NC, 10 years ago because my family was barely able to put food in the refrigerator. It’s 2011 now, and I have embraced this state as my home. I eat, speak, and think in two languages. I love North Carolina barbeque.

“I graduated with honors from East Forsyth High School and attended Alamance Community College while working full-time. Now, at UNC-Asheville, I can barely pay for the one single class I am taking. I have yet to pay the tuition for that one three-credit class for this semester while trying to save whatever I can on minimum wage.

“Changing diapers and cleaning tables is not enough for the out-of-state tuition I am required to pay because I lack a Social Security number. The federal government issues me a number to pay my income taxes yet I’m not afforded the same rights as any other citizen. That’s right! I pay my taxes! Most importantly, I’m a human being. Like many of you, every day I wake up and it seems like I have to prove it again and again to North Carolina. I am a human being and no human can be illegal.

“Our elected officials tell you that simply by my existence on this ground, on this stage that I am breaking the law. But I say, an unjust law is no law at all!
“We know that the [slavery] laws and Jim Crow laws were also [unjust] laws in this country. An unjust law is no law at all!

“I’m here to represent the hundreds of thousands of undocumented immigrants in North Carolina whose humanity is currently being criminalized. I’m here to say, ‘No more,’ to living under the shadows; ‘no’ to taxing our labor on one hand and deporting our loved ones with the other; ‘no’ to denying us access to higher education resources and equal protection under the law.

“No to House Bill 11, a bill that would deny equal access to higher education. So here we are, immigrants and non-immigrants alike, hand in hand, shoulder to shoulder fighting together for justice. And I’m here to say, I’m tired of being treated like a second-class citizen!

“We’re all North Carolinians and we’re here to stay! My name is Loida Ginocchio-Silva; I’m undocumented and unafraid, undocumented and unashamed.”

Forsyth DA: No charges in alleged voter fraud case

The Forsyth County District Attorney’s office announced today that it will not press charges against an individual who was alleged to have voted twice in the 2010 primary election.

The statement from the office of District Attorney Jim O’Neill does not name the individual, but Forsyth County Elections Director Rob Coffman has confirmed that Virginia Robertson Lee, in fact, did vote twice in the primary. Her second vote was withdrawn after a seasonal worker recognized her, and Coffman said a state computer network flagged the duplicate vote at the end of the day.

The State Board of Elections initially investigated a complaint about the incident, and Gardenia Henley, an unsuccessful candidate for NC House, conducted an independent investigation. Henley obtained signed statements from Lee indicating that Susan Speaks Frye, a candidate for Forsyth County Clerk of Superior Court; Everette Witherspoon, a candidate for Forsyth County Commission; and Jimmie Bonham, a candidate for Winston-Salem/Forsyth County School Board, paid her for her vote, and in the case of Frye and Bonham, enlisted her to vote twice.

The three candidates have denied the allegations. Frye and Witherspoon, both Democrats, won their election contests. Bonham, who ran for a nonpartisan position, did not prevail.

Marshall Tutor, the State Board of Elections’ sole investigator said that despite his efforts he was unable to obtain from Lee any information about individuals attempting to buy votes. And yet Gary Bartlett, executive director of the State Board of Elections, told YES! Weekly last month that his agency was already aware of all the information Henley had gathered in the case.

According to today’s announcement, O’Neill requested that the NC State Bureau of Investigation, or SBI “conduct an additional examination to determine if the charge of voter misconduct was an isolated incident or a wider case of voter fraud conspiracy.” The announcement said the SBI completed its investigation and notified the Forsyth County District Attorney’s office this week in writing of its findings and recommendations.

Noelle Talley, a spokeswoman for the NC Department of Justice, said the agency would decline to release the findings and recommendations. Under state law, records of criminal investigations are not considered public records subject to disclosure.

The District Attorney’s announcement states that “it was determined that this was not a widespread case of voter fraud and that no charges would be forthcoming,” and that the case is now closed.

A call to O'Neill has not been returned at this time.

UPDATE: Bonham gives this reaction: "We knew that anyway. I don’t have any reaction to that. We knew it was garbage anyway."

Hunt addresses equal protection issues during HK on J rally


Darryl Hunt, who was exonerated of the rape and murder of Winston-Salem newspaper editor Deborah Sykes in 2003 after spending 19 years in prison, addresses hundreds of marchers during the fifth annual Historic Thousands on Jones Street march and rally in downtown Raleigh on Saturday. (photo by Keith T. Barber)

Darryl Hunt, founder of the Darryl Hunt Project for Freedom and Justice, encouraged the hundreds of marchers who participated in the fifth annual Historic Thousands on Jones Street to fight for equal protection under the law. Hunt, whose nonprofit provides assistance to individuals who have been wrongfully imprisoned, said the Racial Justice Act has recently come under attack. The law, passed by the NC General Assembly in 2009, was upheld as constitutional by Superior Court Judge William Z. Wood in a Forsyth County courtroom last week.

For the complete story, visit: http://www.yesweekly.com/triad/article-11534-hundreds-march-on-jones-street-for-economic-and-social-justice.html

A transcription of Hunt's remarks:

“My name is Darryl Hunt; 19 years I spent in prison for a crime I didn’t commit. I was one vote away from the death penalty. If one person had voted for death penalty, I wouldn’t be standing here today so there is a God.

“We have to continue to fight. In 2009, the [NC] General Assembly enacted the Racial Justice Act as a step to bring integrity back to our system. When the racist tea party forces took over the Republican 2010 campaign strategy, they sent out mailers that lied about the Racial Justice Act, playing on people’s racial prejudices and fears. The mailers pictured death row inmates convicted of rape and murder, told voters that the Racial Justice Act would help them get out of prison, move in next door to a white suburban family and break into their houses. This is an out and out lie.

"Now having tricked their way into the office, the same tea party forces want to repeal the Racial Justice Act. They lied to get elected. Now they are trying to lie to attack the Racial Justice Act. We won’t let them get away with it.

"In my hometown, Winston-Salem, NC, just this past week, the Racial Justice Act’s first hearing was in Forsyth County. And to the surprise of some but not to me, because I believe in God, we had a racist courtroom atmosphere that wanted to turn it back on constitutional grounds. But we had a conservative judge, a very conservative judge to rule the Racial Justice Act was constitutional. So we won that victory but the fight continues on.

“We have to do this in every courtroom, in every county, in every part of the state to let them know that we will not let the Racial Justice Act be repealed. We will not turn back the clock because if you’re against racial justice, you’re against justice for everybody. If you’re against racial justice, you’re against justice.

"When I left prison in 2003, I promised that I would continue to fight for those who can’t fight for themselves. We have to continue to fight; we have a fight on our hands but I believe in looking at the crowd today, I believe and I know that we will win. We have to keep fighting.

"I spent 19 years of my life waiting to prove my innocence, and finally when it came, they wouldn’t even give me an apology. But they couldn’t give me back the 19 years of my life I spent in prison for something I didn’t do.”

“There’s almost 300 DNA exonerees in this country right now that’s been released. We have to continue to fight for justice. We can’t leave these brothers and sisters locked up in prison.”

This week in YES! Weekly


feature: All Aces Media/Beat Down Boogie—Aces of their trade & masters of their craft
be there: Lunch at the Piccadilly, kickball, green drinks, Eating Raoul, and more...
10 best: Ways for men to keep the flames of love burning year-round
dirt: Hundreds march on Jones Street for economic and social justice
voices: Kinship care, a state subsidy everyone can get behind
editorial: Privatization gets tricky
tunes: Budos, Orgone push the East Coast-West Coast debate
flicks: Sanctum is a slow-moving descent into disaster, and The Rite goes wrong
visions: Trading the hammer for the lens—photographer Hal Spencer
chow: High marks for Palmettos Low Country cuisine
crash: The talk

A special visit from Julie Wilson

Hot Rawks co-inventor Julie Wilson


I always seem to find myself at a figurative intersection. Going one way is narrow road of sheer opportunity, a road neither easily found nor easily traversed. The other is timing. The juncture can only be approached when the two meet and even then it takes either a skilled individual or a oblivious goof to tightrope right into the middle of it and watch as a once-in-a-lifetime opportunity unfolds. I was the latter but still a participant, nonetheless, of this special occurrence.

Wednesdays are relatively chilled in the YES! Weekly office. The paper is printed and distributed as the staff either takes a moment to breathe or dive right into their next assignment. I stumbled into work today only to be left alone as everyone else took to their respective errands and such.

About 10 minutes after Brian Clarey implores me to "hold down the fort" and exits stage left, I hear someone coming in the front door. I pause for a moment thinking that it may be one of the staff members dropping in because they left some important item on their desk. I continue typing away and the footsteps stop.

A very soft and feminine "Hello?" triggers me to jump out of my seat to see if I can give the stranger some assistance. I turn the corner of my work station to catch eyes with a gorgeous brunette. She's short, compared to my 6'3'' frame, and fit. A royal blue sun dress is hugging her body in all of the right places without being salacious. A good portion of her legs are exposed while the rest are covered in brown leather cowgirl boots, the kind that say "diva" rather than "rodeo assistant." Her fragrance sucked the air out of the office as my lungs filled with not perfume, but bottled lust.

The young woman is none other than last week's cover girl, Julie Wilson. She stopped by to drop off a box of her libido-enhancing Hot Rawks. I couldn't think of her name right away but I knew exactly who she was. In a move made for a Three Stooges sketch, I quickly picked up last week's issue and exclaimed, "This is you!"

"Uh, right," Wilson said.

We entertained a brief conversation before she departed. Because of my upbringing and chivalrous demeanor, I watched her walk all the way to her vehicle. It just seemed like the right thing to do.

Needless to say, I have a newfound love for my internship.

Julie, if you're reading this, feel free to stop by the YES! Weekly office at any time. You are always welcome here.

Triumvirate of entrepreneurs behind Palmetto Low Country Cuisine



There is absolutely no question as to who runs the show at Palmetto Low Country Cuisine. As detailed in the Chow section of today’s paper, it isn’t rare to see head chef and owner Carlos Brown balancing several different tasks like circus talent on any given night. His incessant pacing through the main walkway of the restaurant allows him to observe every nuance and act on them accordingly. He prepares food. He delivers dishes (sometimes). He inquires about the dining experience of his guests. He cleans the floor. He directs his employees (often). He buses tables. He literally does it all.

Brown is an experienced restaurateur from Charleston, S.C. who has made a name for himself by infusing the southern gullah/geechee and Creole foods into his repertoire of culinary masterpieces. Since August 2010, he has served the Piedmont Triad meticulously prepared low country cuisine, with a twist, but he hasn’t done it alone. Brown only makes up one third of a powerful triumvirate of entrepreneurs, making Palmetto one of Greensboro’s best kept secrets.

During the planning process of what was to become Palmetto, Brown was introduced to Ezekiel Jiles, who is known in hip-hop circles as Diplomats/Dipset member “Freekey Zekey.” Jiles is president of Diplomats Records and owner/CEO of 730 Dips Records.

“[When I met Jiles] I didn’t know about Dipset or anything like that,” Brown said.

There was no hesitation when Jiles approached Brown about a business partnership. After teaming up, conversations expanded until Palmetto came to fruition. Jiles, a New York native and internationally known hip-hop artist, recounts how he unexpectedly became part owner of a restaurant in Greensboro, NC.

“I guess it was fate,” Jiles said. “We didn’t plan any of this!”

In the late 1990s, Diplomats records found themselves $1.4 million in debt. Jiles, desperate to free Dipset of their financial burdens, took to illegal activities for extra money. This resulted in his 1999 arrest on charges regarding the possession of an illegal substance. In another stroke of back luck, Jiles was a victim of a 2003 shooting near Greenwich Village, NY. Following his recovery, he was sentenced to three years in prison for his drug charges.

While the arrest took place in Wilmington, NC, Jiles was sent to the Durham Correctional Center where he served out his sentence. He was released in 2006 and received aid in getting re-acclimated to life as a free man from his good friend and mentor, Rick Dalton. Dalton, a Greensboro native and independent owner and operator of Dalton Logistics, convinced Jiles to stay in NC and pursue other endeavors. Since the completion of his sentence, Jiles has started 730 Dips records and became a spokesperson for Preserve our Legacy, a bone marrow research and awareness organization.

“Maybe this is part of my calling,” Jiles said reflectively.

Dalton is the unspoken conduit that helped bring Jiles and Brown together. The three realized they had a shared vision for success and they now support each other’s individual businesses and projects while simultaneously contributing to the success of Palmetto.

Commenting on Jiles’ involvement with the restaurant, Dalton effectively summarizes the scope of that shared vision.

“This is bigger than rap. This is about creating opportunities.”

Greensboro City Council preview

Greensboro City Council meets tonight at 5:30 p.m.. We’ll have live coverage through Twitter. Previously, I’ve reported through my personal account. Tonight, I’ll be using the YES! Weekly account.

In the meantime, here’s a preview of some significant items on the agenda:

1.

Council will consider a rezoning request by developer Robert Yates at 1419 Alamance Church Road in southeast Greensboro. The rezoning from conditional district-residential multifamily to planned unit development would allow the developer the option of building single-family homes, along with town homes or twin homes. Marc Isaacson, the lawyer handling the case says that Yates has a contract to sell the property to Wade Jurney Homes contingent on the rezoning request going through. Wade Jurney Homes primarily builds single-family houses.

Staff supports the request, but Theodore Stevens, a former partner in the project, has appealed an affirmative decision by the zoning commission. Stevens, who lives in the area, told the zoning commission that he believes single-family homes do not fit with the existing neighborhood.

2.

Project Zebra is requesting an economic development incentive grant of up to $52,000 to expand its Regional Road facility. The company is considering expanding either in Greensboro or in Memphis, Tenn., according to staff documents. If it were to choose Greensboro, the company would reportedly retain 16 jobs and add 52 more. The expansion would entail $2.5 million in investment. The jobs would pay an average of $40,077, not counting benefits.

3.

Council will consider a new policy that would require city council approval before staff made budget adjustments of $50,000 or more. District 5 Councilwoman Trudy Wade requested the policy change. The resolution is expected to pass, but at-large Councilman Robbie Perkins and District 1 Councilwoman Dianne Bellamy-Small will almost certainly dissent.

4.

Council will considering awarding a $1 million contract to Brooks Lumber Co. for Phase 1A of the Downtown Greenway. Phase 1A runs from West Lee Street and Freeman Mill Road north to Spring Garden Street. The section will include retaining walls, a railroad crossing, a restored railroad underpass and new storm drainage. Public art, lighting and landscaping are expected to be funded trough private donations under separate contracts, according to staff documents.

5.

Downtown Greensboro Inc. is requesting a transfer of $265,000 from a municipal service district fund controlled by the city of Greensboro. The downtown municipal services district, which was created in the middle of the last decade, levies additional taxes on property owners within its boundaries and provides enhanced services including litter pickup by Downtown Greensboro Inc.’s Clean and Green team Inc. and police bike patrol.

Staff documents indicate that Downtown Greensboro Inc. has already been allotted $510,000 for this budget year from taxes collected through the municipal services district. Downtown Greensboro Inc. President Ed Wolverton explains in a letter to staff that a windfall has resulted from the account collecting “more than anticipated.”

“As of June 30, 2010, the downtown MSD had accumulated an unencumbered balance of $506,000. The balance is attributed to two primary reasons: Assessments were collected for about nine months prior to incurring expenses for new programs; and collections and values growing at a higher rate than anticipated.”

Downtown Greensboro Inc. wants to spend $250,000 on its storefront stimulus program by renovating 10 storefronts at $25,000 a pop to create and retain 10 retail businesses, estimated to create 30 new jobs. The outfit wants to spend $15,000 to help direct homeless people to the Interactive Resource Center, a day center with a buffet of services that are geared towards helping people secure employment.

Wolverton expressed concern that people will see money in the municipal service district account as a source of revenue to help reduce the overall cost of local government.

“As you know, the MSD account is comprised exclusively of money paid by downtown businesses and property owners,” Wolverton wrote. “Unfortunately, some in the community may be confused about the origin of the money and seek to use the funds for other programs and initiatives. To avoid confusion, we will need to educate citizens about the differences between MSD money versus the general fund. As state law mandates that these monies can only fund enhanced services rather than replace existing money or services, we will need to be even more aggressive about explaining the appropriate use of the funds.”

6.

Council is requested to appoint a liaison to direct staff in the development of redistricting plans, following the new populations count from Census 2010. Greensboro is covered by Section 5 of the Voting Rights Act, requiring that any redistricting plan be pre-cleared by the US Justice Department.

District lines were last redrawn in 2008 based on a plan submitted by District 3 Councilman Zack Matheny. The recent plan modified the previous pie-slice division of the five districts, creating an elongated suburban territory for District 5, and enclosing District 4 in a central-west footprint.

Any plan would need to be approved by July 25, when filing opens for city council candidates.

7.

Council is being asked to adopt resolutions of intent to annex six area located on the eastern and northwestern fringes of the city. All six are city-initiated, or involuntary annexations. Although council voted to adopt resolutions of intent for the six areas on Jan. 24, the council will have to vote again because the city did not stick to a mandated timeframe.

The city has dropped a plan to annex a seventh area running west from Knox Road along the north side of Interstate 85/40 to Rock Creek Dairy Road. Of the seven areas originally proposed for annexation, this was the most populous, Senior Planner Steve Galanti says, adding that staff concluded that providing city services would have been inordinately expensive. The remaining areas have relatively minimal population counts.

If council votes to approve the remaining six areas, a report on the city’s ability to provide services would be scheduled for March 1, notices would be mailed to affected property owners by March 10, a public informational meeting would be held at Mt. Pleasant United Methodist Church on April 7, a public hearing would be held on May 3, council would vote on annexation on May 17, and the areas would be officially incorporated on July 31.

8.

The Greensboro Coliseum is requesting $200,000 for parking lot programs. Staff estimates that the coliseum could recover expenses in about four years.

UPDATE: Silly me, Project Zebra was a code name for the project, considering that the company wanted to remain secret until the deal was closed. The company is German-based Ziehl-Abegg.