3.
District Attorney Stanback has committed willful misconduct in
office, which is grounds for removal from office under N.C.G.S. § 7A-66(2).
4.
District Attorney Stanback has willfully and persistently failed
to perform the duties of his office, which is grounds for removal from office
under N.C.G.S. § 7A-66(3).
5.
District Attorney Stanback has extensively engaged in crimes
involving moral turpitude, contrary to community standards of justice, honesty
and generally accepted moral standards, which are so extensive and egregious,
his conviction is a fait accompli, and therefore grounds for removal from
office under N.C.G.S. § 7A-66(5).
6.
District Attorney Stanback has engaged in conduct prejudicial to
the administration of justice which brings the office into disrepute, which is
grounds for removal from office under N.C.G.S. § 7A-66(6).
7.
District Attorney Stanback has knowingly authorized an assistant
district attorney to participate in the commission of acts constituting grounds
for removal from office from office under N.C.G.S. § 7A-66(7).
SUPPORTING FACTS
8.
District Attorney Stanback failed to carry out the fundamental
responsibilities of his office, namely: protecting citizens and their rights,
victim advocacy (e.g., recovering stolen property) and prosecuting those who
break the law, and he has profoundly failed in the discharge such duties, as detailed
herein.
9.
In addition to failing to carry out the core duties of his office,
District Attorney Stanback knowingly fulfilled an instrumental role in a
nefarious effort to cover-up the criminal activities of fellow
"retired" Superior Court Judge, David Q. LaBarre, a long-time friend and colleague of Mr.
Stanback's. He did so by prosecuting charges
he knew to be false in a disturbing abuse of authority intended to cover up the
felonies of Mr. LaBarre and his girlfriend. Leah R. Krier (pictured below).
10.
Judge David Q. LaBarre and his
girlfriend perpetrated a series of felonies over a six month period (March 2011 to September 2011) which was
detailed in a 30 page indictment/complaint electronically filed with the Durham
Police Dept. on July 2, 2012, which in turn included hyperlinks to overwhelming
evidence of their felonies – this document is incorporated by reference and can
be accessed by CLICKING HERE.
11.
Ms. Krier confessed to the theft of over
$200,000 fair value of Complainant’s home furnishings that were involuntarily
placed into storage from the aforesaid foreclosure fraud, and directly participated
in the fraudulent conversion and eventual theft of Complainant’s Mercedes Benz
S320 (pictured below), which was masterminded by Judge LaBarre. This grand larceny resulted in a fraudulent
transfer of title into the name of one of Ms. Krier’s friends (William Douglas
Johnson), who in turn has allowed Ms. Krier to drive this car, as if she owned it. This admission of guilt was made by Ms. Krier
to Assistant DA, Kelly Gauger, who upon information and belief took no action,
pursuant the directives of DA Stanback;
12.
In lieu of prosecuting the felonies perpetrated
by Mr. LaBarre and his girlfriend (captured on security video), Mr. Stanback
colluded in the prosecution of false charges against the victim of their thefts
(i.e., Complainant) and in an egregious abuse of authority, arrested Complainant
at his residence in Florida via heavily armed SWAT team of U.S. Marshals. Complainant was then extradited, tortured, incarcerated
in maximum security jail, unlawfully denied bail for 127 days, and denied
competent legal representation.
13.
During Complainant’s wrongful incarceration, District Attorney
Stanback arranged the unlawful seizure of
Complainant’s computers from his Florida residence (see below) with the intent
to suppress the damning evidence against LaBarre and his girlfriend, which as
of this filing have still not been returned.
14.
All told, seventeen of Complainant’s Constitutional rights were violated from the reckless and unlawful actions
of District Attorney
Stanback. The below handwritten excerpts
were compiled while he was unlawfully incarcerated in maximum security jail on
false charges that were later dismissed as meritless.
15.
The prosecutorial actions of the
District Attorney Stanback in this matter paralleled those of disgraced former
Durham District Attorney Mike Nifong in the infamous Duke Lacrosse Case and
ensuing scandal, as if it were an instance of déjà vu, in that:
a.
It is now a well-known fact that the
Durham District Attorney (Mr. Nifong) had recklessly and overzealously prosecuted
false charges made by a misguided young woman, Crystal Mangum, and incited a
scandal of epic proportion and brought shame to Durham; nevertheless . . .
b.
Six years later, Durham District
Attorney Leon Stanback recklessly prosecuted charges he knew to be false,
which were similarly made by a misguided young woman, Leah R. Krier (who was
also romantically involved with Mr. Stanback’s friend and colleague, Durham
“Emergency” Judge David Q. LaBarre), in an effort to cover-up the felonies she and Mr. LaBarre perpetrated;
c.
Complainant’s eldest son (Michael Young)
was victimized by Mr. Nifong's recklessness as a member of the 2006 Duke Men's
Lacrosse team – for the entire team of innocent student-athletes were vilified
in the media and subjected to frequent death threats, while their coach was
wrongfully fired and their season was cancelled – and Mr. Nifong aggressively
pursued indictments against three student-athletes whom he knew to be innocent,
one of whom was my son’s best friend (Collin Finnerty), and yet . . .
d.
Six years after the Duke Lacrosse team’s
victimization from the disgraceful acts of Durham’s District Attorney, the Complainant
was similarly indicted on entirely fabricated charges comprised of bold-faced
lies, which were again recklessly pursued by Durham’s District Attorney, albeit
this time it was Leon Stanback, who has again brought shame to Durham.
16.
After the fraudulent nature of the
charges against Complainant became obvious and the substantial damages had been
done, District Attorney Stanback failed to carry out three simple objectives to
ameliorate this horrible situation. In
reckless disregard of his duties and in violation of the U.S. Constitution and
operative law, he failed to: (1) dismiss ALL false charges against Complainant;
(2) return ALL property stolen by Mr. LaBarre and his girlfriend, including all
computers wrongfully seized; and (3) prosecute the thieves and liars responsible
for this reprehensible criminal fraud.
17.
District Attorney Stanback's abuse of
prosecutorial authority and reckless behavior in the “LaBarre Larceny Scandal”
has been far worse than that demonstrated by Mike Nifong in the “Duke Lacrosse
Scandal” because Mr. Stanback . . .
a.
Prosecuted charges against Complainant,
which he knew to be false, with the intent to aid and abet the felonies
perpetrated by LaBarre, Krier and others;
b.
Arrested Complainant via SWAT team on
false charges and unlawfully jailed him without bail;
c.
Prepared perjured extradition documents
for signature by then Gov. Bev Perdue;
d.
Pursued Complainant's extradition to NC,
which he knew to be fatally defective;
e.
Executed the wrongful seizure of Complainant's
computers in a malicious and unlawful effort to suppress evidence against his
friend, Mr. LaBarre and his girlfriend;
f.
Failed to drop the charges against Complainant
after Ms. Krier had confessed to the thefts and to having possession of his
stolen property;
g.
Failed to recover and return Complainant's
stolen property;
i.
Undertook other illicit actions with the
express intent to cover-up the felonies of his friend unsavory complicit
others; and
j.
Deliberately wasted hundreds of
thousands in taxpayer dollars in an elaborate and vicious assault on American
civil liberties, as outlined below.
18.
In the Duke Lacrosse Scandal, three
student-athletes were wrongfully indicted and arrested on false charges. For purposes of this comparative analysis, it
is important to keep in mind they spent no time in jail, as they were
comfortably availed advanced notice, and were allowed to voluntarily surrender and
immediately post bail, all of which were coordinated with their respective
criminal defense attorneys. By
comparison, Complainant (who has no criminal record) was:
a.
Violently arrested without warning by a
US Marshal SWAT team
b.
Stripped searched and detained in a
holding cell with violent felons
c.
Not provided any details of the charges
against him for 3 months
d.
Denied access to an attorney
e.
Denied the opportunity to post bail for
127 days
f.
Prevented from making phone calls to
family members or friends
g.
Placed in solitary confinement for
mentally disturbed inmates
h.
Later transferred into "maximum
security" with the most violent felons
i.
Regularly subjected to physical threats
by severely deranged inmates
j.
Psychologically tortured (e.g. denied
privileges for pretended offenses)
k.
Physically tortured (e.g. denied medical
treatment for a broken bone)
l.
Subjected to ongoing emotional trauma
via intentional sleep deprivation
m.
Extradited over two days in an
over-crowded van with hands & legs shackled
n.
Often denied personal hygiene
privileges; and
o.
Administered drugs to dangerously elevate
his blood pressure
19.
District Attorney Stanback knowingly
intended to cover up the crimes of Mr. LaBarre and others:
20. As a result of District
Attorney Stanback’s reckless actions, he has committed the following crimes:
21.
In further support of the aforesaid
allegations, the following web-links are hereby incorporated by reference and provide
additional overwhelming corroborative evidence, and note that each of these
website links have links to additional supporting information:
a.
Criminal charges filed against LaBarre
and his girlfriend which District Attorney Stanback failed to act on and sought to cover up
– http://tinyurl.com/msd2q49
b.
Property stolen by LaBarre and his girlfriend,
which District Attorney
Stanback has failed in his duties to return to Complainant, its rightful owner – http://tinyurl.com/mdz68jz
c.
Summary of the criminal cover-up and
related corruption in this matter, including extensive unlawful tampering with
the public defender process – http://tinyurl.com/khf6g7n
d.
Details of the “worst bank foreclosure
fraud in U.S. history”, the prefacing unlawful event which District Attorney
Stanback’s illicit acts are also intended to cover up – http://tinyurl.com/6n5rndp
e.
Particularization of the 17
Constitutional rights violations which District Attorney Stanback was
instrumental in causing – http://tinyurl.com/jwqchyt
f.
Parallels with the Duke Lacrosse Scandal
and District Attorney Stanback being put on notice to his criminal acts, for
which he must be held accountable – http://tinyurl.com/n3rq9sk
CONCLUSIONS
District Attorney Stanback recklessly abused his prosecutorial authority with the express intent to
cover-up the felonies of Durham Judge David Q. LaBarre and his girlfriend, Leah
R. Krier through the deliberate execution of an unlawful arrest of an
innocent U.S. citizen (i.e., Complainant), who was in turn the felony victim of
Mr. LaBarre and his girlfriend and thereby fulfilled an instrumental role in a vicious
assault on American civil liberties and is therefore complicit in those
felonies.
Mr. Stanback’s actions constitute: (i) willful
misconduct in office; (ii) willful and persistent failure to perform his
duties; (iii) crimes involving moral turpitude; (iv) conduct prejudicial to the
administration of justice which brings the office into disrepute; and (v) knowingly
authorizing an assistant district attorney to assist in committing such acts – and
each such action is grounds for removal.
This is my sworn affidavit to remove Durham
District Attorney Leon Stanback
from office pursuant to North Carolina General Statute § 7A – 66, and I further
request that that he and others culpable in the unlawful acts described herein be
prosecuted to the fullest extent of the law.
I further request that Durham Superior Court Judge Orlando Hudson
recuse himself or otherwise be precluded from adjudicating this matter, as he authorized and
signed off on extradition documents that were proven to be fraudulent, and he is
therefore implicated in the unlawful activities described herein. Moreover, as extensive instances of
corruption in Durham have been personally observed, request is additionally
made to have these proceedings overseen by North Carolina Attorney General Roy
Cooper and the U.S. Department of Justice.
Respectfully submitted,
Spencer C. Young
I, the undersigned Notary Public, do hereby affirm that Spencer C. Young personally
appeared before me on the 22nd day of AUGUST 2013, and signed the above
Affidavit as his free and voluntary act and deed.
