Michael Hewlett
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Reporter for The Assembly NC, covering criminal justice issues, movie enthusiast, music obsessor, pop culture consumer and poetry lover.
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Articles by Michael Hewlett
Senate District 18: Brad Hessel
Name: Brad Hessel Age: 73 Party affiliation: Libertarian Campaign website: electbradhessel.org Occupation & employer: Knowledge Management Consultant/Intelledgement, LLC Years lived in the area: 34 1. What in your background qualifies you to represent the people of your North Carolina district effectively? What would you cite as your three biggest career accomplishments?
Superior Court Upholds Judge’s Decision to Jail Attorney
On Monday, a superior court judge upheld a lower court’s decision to convict an assistant public defender of criminal contempt and send him to jail. Superior Court Judge Jason Ramey’s ruling came after a rare day-long hearing in which Juan Zuluaga found himself, for the first time in his 16 years as an assistant public defender in High Point, as the defendant. Monday’s hearing capped events that began on August 24, when Zuluaga came to Courtroom 3C at the High Point courthouse.
Lawsuit: ICE Action in N.C. Hasn’t Cooled
Since the Trump administration’s heightened immigration enforcement in Charlotte last November, federal agents have escalated efforts to stop and arrest Latino residents without probable cause, according to an amended federal lawsuit filed late last week. The suit claims the activity resulted in a major “checkpoint” operation targeting Latinos this summer in a national forest area.
N.C. Supreme Court Candidate's Campaign Stays Quiet
If you didn’t know former Republican state Rep. Sarah Stevens is running to unseat N.C. Supreme Court Justice Anita Earls, you probably aren’t alone. Ten days away from the start of in-person early voting in October, Stevens’ campaign hadn’t run any television ads, agreed to any public debates, or posted much on social media. Stevens has also raised very little money in one of the state’s most important races this year. Public opinion polls show Earls with a narrow lead.
The eCourts Legal Saga May Be Over
Tyler Technologies, the company behind North Carolina’s $100 million eCourts digital records system, has settled a federal lawsuit alleging that its platform led to wrongful arrests and delays in getting out of jail, according to an entry in the U.S. District Court docket. The final settlement agreement must be filed by October 16 and approved by a judge.
The Rare Jailing of an Attorney
Before he retired in 2023, John Nieman spent more than 30 years as a criminal defense attorney in Guilford County, including four years as the county’s chief public defender. In all that time, he had never seen an attorney jailed for criminal contempt—until now. On August 24, Guilford District Court Judge Ashley Watlington-Simms sentenced Assistant Public Defender Juan Felipe Zuluaga, 54, to five days in jail for repeatedly disrupting court proceedings.
The Politics of Dissent
Over the past three years, Justice Anita Earls has issued one fiery dissent after another. One of the most scathing was in April, when the state’s highest court dismissed the latest installment of the long-running Leandro case, which challenged the state to provide sufficient funding for poor school districts. In deciding Hoke County Board of Education v.
The Politics of Dissent
Over the past three years, Justice Anita Earls has issued one fiery dissent after another. One of the most scathing was in April, when the state’s highest court dismissed the latest installment of the long-running Leandro case, which challenged the state to provide sufficient funding for poor school districts. In deciding Hoke County Board of Education v.
A Contested Exoneration
A three-judge panel of the North Carolina Court of Appeals heard arguments Tuesday about why the exoneration of four men convicted of killing retired NBA star Chris Paul’s grandfather should be thrown out. The hearing comes almost exactly a year after Superior Court Judge Robert Broadie dismissed murder charges against the four men—Christopher Bryant, Jermal Tolliver, Nathaniel Cauthen, and Rayshawn Banner—in the 2002 death of Nathaniel Jones, who was 61.
Attorney Seeks Help From Higher Court in Getting Reporter’s Notes Back
More than three years ago, a Guilford County district court judge seized a former Greensboro News & Record reporter’s notes from a family court hearing and issued an order prohibiting her from writing about it, which legal experts say violated state law and the U.S. Constitution. Despite several attempts, the paper hasn’t yet gotten those notes back or succeeded in overturning the judge’s order.
Charlotte Man’s Lawsuit Claims He Was Arrested Over Legal Hemp
A Charlotte man filed a federal lawsuit Monday alleging that two police officers wrongfully arrested him and his former girlfriend for smoking marijuana, even after he repeatedly told them it was legal hemp. Attorneys for Southern Coalition for Social Equality filed the suit on behalf of Anthony Lee. The filing also claims a third officer assaulted the former girlfriend, Christine Pierre.
The Politics of a Prison-Release Settlement
On January 29, 2022, Tyrell Brace shot into a Charlotte home and killed Elante Thompson, a computer science student with a young daughter. Republicans have argued that Thompson would still be alive had it not been for a February 2021 settlement then-Gov. Roy Cooper reached with the ACLU of North Carolina and other advocacy groups to lower the prison population by at least 3,500 inmates to stop the spread of COVID-19 in crowded state facilities.
Detention Officers Denied Immunity in Orange County Jail Death Original
Two Orange County detention officers cannot avoid liability in a federal lawsuit alleging that their neglect led to a man’s death in 2020, a federal appellate court ruled last week. On July 2, a three-judge panel of the U.S. Court of Appeals for the Fourth Circuit concluded that there was sufficient evidence that the officers waited 22 minutes to check on inmate Maurice King, even though they suspected he had been assaulted and had heard him groaning, because they wanted to avoid extra paperwork.
The Innocence Commission Lives On in State Budget. The Name Does Not.
The country’s only state-funded agency devoted to investigating post-conviction innocence claims has survived an attempt by state Senate Republicans to abolish it last year. And it has a new name. Once known as the N.C. Innocence Inquiry Commission, it is now the N.C. Post-Conviction Review Commission, a name its executive director, Laura Pierro, says more accurately reflects the agency’s purpose. The commission not only frees innocent people but also helps law enforcement confirm people’s guilt.
Smells Like 4th Amendment
An attorney is asking the North Carolina Supreme Court to withdraw a recent ruling justifying a search based partly on what police believed to be the smell of marijuana. Last month, the court upheld two cases—State v. Rowdy and State v. Dobson—that questioned whether odor can still be considered probable cause in a state where hemp is legal and smells exactly the same as marijuana, which remains illegal.
Crowded N.C. Jails Grapple with Iryna’s Law
The Robeson County jail, built in the early 1990s, is supposed to hold up to 410 people. As of May, it had a population of 501. Overcrowding has plagued the jail for months, according to records from the state Department of Health and Human Services. Sheriff Burnis Wilkins said he has had to buy cots and extra blankets because there aren’t enough beds. State inspectors have ordered the jail to reduce its numbers.
Crowded N.C. Jails Grapple with Iryna’s Law
The Robeson County jail, built in the early 1990s, is supposed to hold up to 410 people. As of May, it had a population of 501. Overcrowding has plagued the jail for months, according to records from the state Department of Health and Human Services. Sheriff Burnis Wilkins said he has had to buy cots and extra blankets because there aren’t enough beds. State inspectors have ordered the jail to reduce its numbers.
Possible Settlement in eCourts Lawsuit
Litigation over the state’s $100 million digital records system could soon be settled, according to new court documents. Two people who said they were wrongfully detained due to problems with eCourts initially filed a class-action lawsuit three years ago against Tyler Technologies, the company behind the new digital court record system. The number of plaintiffs eventually grew to 13 and is currently nine.
Prosecutors Say a N.C. Woman Poisoned Her Daughter at Thanksgiving. Even Before That, Her Life Was Hardly Ordinary.
As Thanksgiving approached last fall, there was little question where Leela Livis would spend it. While she’d lived in Cullowhee most of her adult life, the 32-year-old often returned to her hometown of Hendersonville to see her mother, Gudrun Casper-Leinenkugel, and help look after her two youngest siblings. In Cullowhee, Livis’ life was simple and structured. She lived alone in a small cabin surrounded by books, plants, and art, and she worked full-time as a payroll specialist.
Did the N.C. Supreme Court Rulings on Hemp Clear the Air?
The North Carolina Supreme Court upheld two separate cases centered on the question of whether odor can be considered probable cause for a search. The cases—State v. Rowdy and State v. Dobson—have been closely watched. Legal challenges involving searches based on what police believe to be the smell of marijuana have been stacking up ever since state legislators legalized growing hemp in 2019 to fall in line with federal law.
How Growing Up in Smithfield Shaped Harmeet Dhillon
In 1975, when Harmeet Dhillon was around 6 years old, her family moved to Smithfield, a small town in rural Johnston County. A billboard touting the Ku Klux Klan greeted them. The white supremacist group was active in the area, which had a long history of racial violence and discrimination that continued through the 1970s and ‘80s. The dark-skinned Dhillons were from India and practiced Sikhism, a religion and philosophy founded in the Punjab region.
DeCarlos Brown Again Found Mentally Incompetent to Stand Trial
Federal evaluators have found that DeCarlos Brown, the man accused of fatally stabbing a Ukrainian refugee last year on a Charlotte light rail train, is mentally incompetent to stand trial, according to new court documents filed Thursday. This is the second time that a forensic psychiatrist has found Brown mentally incompetent to stand trial. Brown, 35, faces charges in state and federal courts for the death of Iryna Zarutska, 23, in August 2025.
A Tangled Legal Hell
A Guilford County district court judge who seized a former News & Record reporter’s notes and issued a gag order is still obstructing efforts to challenge her rulings, according to a petition filed with the N.C. Court of Appeals. Mike Tadych, who represents reporter Kenwyn Caranna and the newspaper, filed the petition on April 23. This is the second time he has asked the Court of Appeals to intervene in the case.
Charles McNeair Spent His Adult Life in Prison. At 63, He’ll Go Home.
After 46 years in prison, Charles Anthony McNeair is finally coming home to Lexington. On April 23, McNeair, now 63, learned that the N.C. Post Release Supervision and Parole Commission had granted him parole. He is set to be released on Sunday. It was a long time coming. In January, McNeair had his 30th parole hearing. All 29 previous requests had been denied, even as questions about his original conviction mounted.
New Documentary Features Joan Little’s Fight for Justice
Joan Little never planned to make history. She just wanted justice. But in 1975, she became the first woman in the country acquitted for using deadly force to resist sexual assault. Her chances at victory had been slim. The 21-year-old Black woman had been accused of killing Clarence Alligood, a white guard in the Beaufort County Jail, the previous year. She’d been jailed as she appealed convictions for felony theft that had netted her a minimum 14-year prison sentence.
Charlotte Man Found Incapable of Proceeding to Trial in Iryna Zarutska Case
DeCarlos Brown, the man accused of fatally stabbing a Ukrainian refugee last year in a Charlotte light rail train, has been deemed mentally incapable of proceeding to trial, according to a court document. On Tuesday, Brown’s attorneys filed a motion in Mecklenburg Superior Court seeking to continue what is known as a Rule 24 hearing, in which a judge determines whether prosecutors can pursue the death penalty.
The Life and Tragic Death of Eleanor Rush
More than 70 years ago, Eleanor Rush wouldn’t stop screaming. Officials at the Women’s Prison, where she was serving a six-month sentence, put her in a restraining belt, using painful mechanical cuffs known as “iron claws” on her wrists and gagging her with towels. She was later found dead from a crushed spine caused by a dislocated neck. Her death sparked a nearly four-hour rebellion among 350 Black and white inmates, the first major protest at the all-women’s prison established in the 1930s.
Michael Hewlett
Posted inCourts & Justice Newly released federal records shed light on Eleanor Rush’s 1954 death in a North Carolina prison—and the uprising and reforms that followed. Posted inNews For years, law-enforcement officers could use the smell of marijuana as probable cause to search someone’s vehicle. Now hemp is legal, and the smells are the same. Posted inNews Deberry became Durham’s DA on promises to bring reform to the county’s criminal justice system.
N.C. Supreme Court Denies Prosecutors' Petition in Nathaniel Jones Murder Case
The North Carolina Supreme Court told state prosecutors last week that they couldn’t take a shortcut in appealing a judge’s decision to exonerate four men in the murder of NBA star Chris Paul’s grandfather. The court denied a petition the state Attorney General’s Office filed asking it to review Superior Court Judge Robert Broadie’s August ruling, which overturned the four men’s murder convictions and dismissed the charges with prejudice.
The Life and Tragic Death of Eleanor Rush
More than 70 years ago, Eleanor Rush wouldn’t stop screaming. Officials at the Women’s Prison, where she was serving a six-month sentence, put her in a restraining belt, using painful mechanical cuffs known as “iron claws” on her wrists and gagging her with towels. She was later found dead from a crushed spine caused by a dislocated neck. Her death sparked a nearly four-hour rebellion among 350 Black and white inmates, the first major protest at the all-women’s prison established in the 1930s.
Charlotte Man Seeks $1.25 Million in Damages Over Immigration Stop
A Charlotte man has filed a $1.25 million federal damages claim over a November incident in which he says federal immigration agents smashed his car window and slammed him to the ground, even though he was a U.S. citizen.
Who Emerged Victorious in the State Appellate Court Primaries?
A high-stakes battle for power over the state appellate courts is now teed up following the results of Tuesday night’s primaries. Wake District Court Judge Christina Walczyk easily defeated James Whalen, an associate at Raleigh law firm Brooks Pierce. Sign up for our free newsletter. The two vied for the Democratic nomination to run for the open seat on North Carolina Court of Appeals. Incumbent Allegra Collins announced she would not run for re-election and had endorsed Walczyk.
Jerry Tillett Wins Republican State Senate Primary in Northeast N.C.
Former Superior Court Judge Jerry Tillett appeared to win Tuesday’s Republican primary in the 1st Senate District, which spans several northeastern counties, despite allegations that he’d made racist remarks in an audio recording. Tilletwas one of four Republicans campaigning for the solidly red seat held by Bobby Hanig, who vacated it to make a bid for Congress. Sign up for our free newsletter.
Durham Man Sues Over Alleged Wrongful Conviction
A Durham County man alleges in a new federal lawsuit that police detectives used a federal inmate and other witnesses to wrongfully convict him of a 1993 fatal shooting. Attorneys for Timothy Evans filed the lawsuit on February 20 in U.S. District Court in the Middle District of North Carolina. The lawsuit is against the city of Durham; former Durham police officers Jack Cates Jr. and Erwin Baker; and former probation officer James Edward Melvin II. Sign up for our free newsletter.
Fact Check: DeCarlos Brown Is Not an Undocumented Immigrant
Misinformation continues to swirl around the brutal death of Iryna Zarutska on a light-rail train in Charlotte last year. This time, it came from the country’s largest, loudest megaphone: President Donald Trump’s State of the Union delivered on Tuesday night.
Taking ICE to Court
A federal lawsuit filed Tuesday alleges that immigration agents disregarded their own policies in making warrantless arrests and violated the constitutional rights of five North Carolina residents. Several advocacy groups, including ACLU of North Carolina, Democracy Forward, and Southern Coalition for Social Justice, filed the complaint in U.S. District Court in the Western District of North Carolina, which includes Charlotte.
Court of Appeals Hears Junior Chandler Case
On Tuesday, prosecutors argued that a Madison County man’s conviction on child sexual abuse charges should be upheld, despite a judge finding that favorable evidence that could have helped his defense nearly 40 years ago was withheld. Junior Chandler, 68, is serving two life terms, plus 21 years, after a jury convicted him in 1987 of five counts of first-degree sex offense, six counts of taking indecent liberties with a child, and one count of crimes against nature.
Accused of Using Racial Slurs, State Senate Candidate Sues for Defamation, Wiretapping
Former Superior Court Judge Jerry Tillett his former daughter-in-law, her new husband, a website publisher, and a social media antagonist for defamation on Wednesday. The lawsuit, filed in Dare County, attempts to rebut accusations of racism that have threatened to derail his state Senate campaign. Tillett, 68, is one of four Republicans vying in the March 3 primary in the 1st District, which spans several northeastern counties. Early voting starts on February 12. Sign up for our free newsletter. R.
The Blame Game
As midterm campaigns heat up, Republicans are again saying former Democratic Gov. Roy Cooper released an inmate early, even though the man, DeCarlos Brown, served his full term. Brown has been charged with fatally stabbing Iryna Zarutska in August on a light-rail train in Charlotte. Cooper is running for the U.S. Senate. What’s fueling the attacks now is a recent Fox News report showing Brown on an early-release list linked to a 2021 settlement of a lawsuit.
State Senate Candidate Accused of Using Racial Slur in Recorded Conversation
On December 11, Dare County resident Richard Burrus posted a 23-second audio clip on social media that he claimed revealed former Superior Court Judge Jerry Tillett using the N-word and joking about shooting a Black man. Eleven days later, two State Bureau of Investigation (SBI) agents arrived at Burrus’ front door, inquiring about the source of the recording. Tillett, who is now running for state Senate in the March 3 Republican primary, had asked the district attorney to investigate.
U.S. Supreme Court Passes on Jury Discrimination Case
The U.S. Supreme Court said Monday that it will not review a North Carolina death penalty case in which a prosecutor admitted years later that he’d removed a potential juror from the pool because she was a woman. Bryan Christopher Bell and Antwaun Kyral Sims were tried and convicted in the kidnapping, beating, and burning of the 89-year-old aunt of veteran state legislator Leo Daughtry in January 2000.
A High-Court Press
State prosecutors filed a petition this week asking the North Carolina Supreme Court to review a judge’s order exonerating four men convicted as teenagers of murdering NBA star Chris Paul’s grandfather. Prosecutors concede they are asking the state’s highest court to do something out of the ordinary in bypassing the North Carolina Court of Appeals, which initially hears the majority of criminal appeals. Death penalty cases are the only ones that are appealed directly to the state Supreme Court.
Lawmakers Raise More eCourts Questions
When eCourts went live in the final 13 counties this October, officials touted the conversion from paper to electronic filings as a “historic transformation.” Ryan Boyce, director of the Administrative Office of the Courts (AOC), said saving North Carolinians trips to the courthouse and expanding access to records “was the foremost priority, and proud legacy, of the eCourts conversion.” But the multi-year rollout of the system has been anything but smooth, plagued with delays, software...
Attorneys File State Bar Complaints Against Wake County Prosecutor
Two criminal defense attorneys say they have filed complaints with the North Carolina State Bar against a Wake County prosecutor who has been accused in three cases of withholding potentially exonerating evidence from criminal defendants. In one case, a judge declared a mistrial. Molly O’Neil and Jackie Willingham told The Assembly last week that they filed the complaints against Wake County Assistant District Attorney Robert Stewart.
Lawyer Asks NC Supreme Court to Release Men Exonerated in August
Four men convicted as teenagers of killing NBA star Chris Paul’s grandfather were willing to be retried after a judge exonerated them nearly four months ago if it meant that two of the men still imprisoned might be released. But state Attorney General Jeff Jackson’s office nixed the offer, one of the men’s attorneys said in a new court filing Wednesday. Brothers Nathaniel Cauthen and Rayshawn Banner are serving life sentences for the murder of Nathaniel Jones.
Can Jeff Jackson Fix the NC Justice Department’s Troubled Legal Unit?
By February 2023, U.S. Magistrate Judge Robert Numbers II was at his wits’ end with the North Carolina Department of Justice’s Public Safety Section. Numbers wasn’t alone in his frustration with the section, which defends the N.C. Department of Adult Correction, N.C. Department of Public Safety, State Bureau of Investigation, and State Highway Patrol against lawsuits. For years, federal judges across the state had criticized its attorneys for missing filing deadlines and failing to follow orders.
Judges Allow GOP-Drawn Congressional Map for 2026 Election
Update: A panel of judges on November 26 unanimously sided with Republicans and allowed the new congressional map to be used in 2026. In a Winston-Salem federal courtroom, arguments over North Carolina’s recently passed congressional map boiled down to whether it was retaliatory against predominantly Black voters or just legal partisan gerrymandering.
Sam Page Pressed On Prison Conditions After Deputy Arrested
Rockingham County Sheriff Sam Page wanted to keep politics out of a news conference he held Wednesday morning announcing the arrest of a former sheriff’s deputy accused of sexual assault. He bristled when he couldn’t. It might have been impossible. Page is, after all, running in a Republican primary to unseat one of the most powerful state legislators, Senate leader Phil Berger, in what has already become a high-profile, claws-bared political slugfest.
It’s Illegal to Use Gender in Jury Selection. That Hasn’t Stopped it From Happening.
Viola Morrow was summoned during the second week of jury selection. The murder trial was so high profile it had been moved from Sampson County, where the crime occurred, to Onslow County 60 miles southeast. Defendants Bryan Christopher Bell and Antwaun Kyral Sims faced possible death sentences if convicted on charges that they kidnapped, beat, and burned alive the 89-year-old aunt of a veteran state legislator in her car in 2000.
It’s Illegal to Use Gender in Jury Selection. That Hasn’t Stopped it From Happening.
Viola Morrow was summoned during the second week of jury selection. The murder trial was so high profile it had been moved from Sampson County, where the crime occurred, to Onslow County 60 miles southeast. Defendants Bryan Christopher Bell and Antwaun Kyral Sims faced possible death sentences if convicted on charges that they kidnapped, beat, and burned alive the 89-year-old aunt of a veteran state legislator in her car in 2000.
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