Friday, August 23, 2013

Sworn Affidavit Filed to Remove Durham District Attorney From Office

Reflected below is the Sworn Affidavit to Remove Durham District Attorney Leon Stanback From Office Under North Carolina General Statute § 7A – 66.

This affidavit was electronically filed on August 20, 2013, and followed up with the mailing of a notarized original on August 22, 2013.



This request to remove this dangerously corrupt criminal (i.e., Stanback) from office was simply dismissed by another long-time friend and colleague of Mr. Stanback -- to wit, Orlando Hudson, who was ALSO DIRECTLY involved in this dastardly scheme of FALSE ARREST, UNLAWFUL INCARCERATION and FRAUDULENT EXTRADITION of an innocent American citizen (Spencer C. Young) on entirely FABRICATED CHARGES that were DISMISSED AS MERITLESS.  

In fact, it was Orlando Hudson who personally signed off on the documents to what was a patently FRAUDULENT and UNLAWFUL extradition of Mr. Young from Florida to North Carolina.

* * * * * 


COUNTY OF DURHAM FILE NO. ________________ [ To be Assigned ]

IN THE MATTER OF                         ) AFFIDAVIT OF
LEON A. STANBACK                         ) N.C.G.S. 7A-66

Now comes the undersigned, SPENCER C YOUNG (“Complainant”), being first duly sworn, and deposes and says:

1.       I am a resident of Pinellas County, Florida, and formerly resident of Orange County, North Carolina and Nassau County, New York until my family and I were victimized in “the worst bank foreclosure fraud in U.S. history”, a distinction readily corroborated by internet search.  I am also the victim of extensive felonies and numerous civil rights violations perpetrated by Durham District Attorney Leon A. Stanback.  I allege the facts contained herein are true and to which I have personal knowledge.  Instances where allegations are predicated on information and belief are corroborated by overwhelming evidence.

2.       Under the provisions set forth in N.C.G.S. § 7A-66, Removal of District Attorneys, I am requesting the removal of Leon A. Stanback from the office of Durham County District Attorney on the grounds stated herein.

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).
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;
h.       Ignored the criminal indictment filed against LaBarre, despite there being overwhelming evidence of Grand Larceny, Fraudulent Conversion & AutoTheft, as well as abuse of judicial authority;
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
b.       Property stolen by LaBarre and his girlfriend, which District Attorney Stanback has failed in his duties to return to Complainant, its rightful owner
c.       Summary of the criminal cover-up and related corruption in this matter, including extensive unlawful tampering with the public defender process –
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 –
e.       Particularization of the 17 Constitutional rights violations which District Attorney Stanback was instrumental in causing 
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 –
g.       District Attorney Stanback’s disgraceful behavior put into historical context –

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.

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