Our lives begin to end the day we become silent about things that matter.” - Martin Luther King, Jr.

Friday, May 2, 2008

The Report spanks Alan Martin, candidate for DA

I’ve never seen Alan Martin in action in court. But I’ve heard that he often uses the courtroom to hone many of the “skills” that he has learned as an actor in the local theatre community.

Just imagine it: Alan Martin, assistant DA, parading around a courtroom, expressively presenting the state’s case to the men and women on the jury … when all of a sudden he immediately stops in the midst of his argument to ask a tough, pointed question of a suspect on the stand.

I bet Alan Martin can really dish it out. But, unfortunately, it appears he can’t take it. Of the three Republican candidates vying for the DA position for Iredell and Alexander counties, Martin was the only one who did not respond to a single question that the Report recently submitted to the candidates.

It is unfortunate for all of us when a public official chooses to hide from the people. But the person who pays the highest political price – regardless of the election’s outcome – is actually the person who chooses to hide.

Why? Because that person’s non-responsiveness does not make the question go away. And when a question exists to which I want an answer, I don’t typically stop when someone simply ignores me. Instead, I go out and search for the answers myself.

Did I find the actual answers to the questions we asked of Martin? No. But I did accidentally stumble upon some other interesting information.

For instance, Alan Martin has apparently changed his party affiliation eight times in 10 years. According to information provided to the Report, Martin was a Democrat in November 1996. But in November 1998, he was a Republican. In September 2002, he was a Democrat again. But two months later, he was “unaffiliated.” In July 2004, Martin was a Republican again. Four months later – in November 2004 – he was once again “unaffiliated,” which he remained until May 2006, when he turned Republican again. But six months later, he was “unaffiliated” again. In November 2007 – just six months ago – he turned Republican again. He was still a Republican when he registered with the Iredell County Elections Office, from Mecklenburg County, in January 2008.

Martin’s voter registration in Iredell and Mecklenburg counties raises another question: why does the DA-hopeful’s website, www.alanmartinforda.org, claim that “Alan moved to Mooresville, NC in 1996”? If he has lived in Mooresville since 1996, why was he registered to vote in Mecklenburg County from 2002 through 2007? And why, if he has lived in Mooresville since 1996, did he register to vote in Iredell County just four months ago?

The answer is simple: contrary to the information provided on his website, Martin has not lived in Mooresville since 1996. He lived in Davidson. In fact, according to the Register of Deeds, he just bought a home in Mooresville five months ago.

Why is that important? Because his “residency” in Mooresville resonates with Mooresville citizens – many people who “vote their zip code” might be inclined to vote for Martin simply because he’s supposedly “one of us.”

Republicans should also know that on April 12, 2005, an “unaffiliated” Martin authored a letter to the editor of the Charlotte Observer in which he revealed: “I once had a professor, a former N.C. Supreme Court justice, who jokingly said he ‘strongly believed in the two-party system – a great big Democrat Party and an itty-bitty Republican Party.’ Sadly, there is no humor in House Majority Leader Tom DeLay’s support for a free and independent judiciary – as long as all federal judges agree with his radical agenda.”


And interestingly, back to the issue of residency, note that Martin listed Davidson as his town of residence in that 2005 letter to the editor.

But even more telling is this recent mailer that Martin and his camp have mailed to Republican voters:



Negative campaign ads are just a part of the game, and they typically don’t affect me one way or the other. But Martin’s did. Why? Because Sarah Kirkman is Martin’s colleague, his partner. Their job, together, is to protect and defend the people of our community and beyond.

Typically, two candidates are going toe-to-toe when they employ a negative direct-mail campaign. And that means that only one of those two people is eventually elected. But in the DA race, that’s not the case. If Alan Martin is elected our district attorney, Sarah Kirkman would still be an assistant DA in the Iredell County district attorney’s office, but she would be reporting to Martin. Surely Martin, when he approved that sleazy mailer, considered that it could also swing the other way…

Perhaps in no other political race should opponents reject the muck of dirty politics, and instead choose the high road, as much as in the race for district attorney. After all, these are our public defenders. They call investigations. They prosecute criminals. Their integrity, principles and character must be impeccable and must remain securely intact even through political campaigning. The greater good should always trump any egotistical need for “a win.”

Regardless of the outcome of Tuesday’s primary election – which, since a Democrat is not running in the DA race, will decide our next district attorney – Martin and Kirkman will still have to work together in the Iredell County district attorney’s office. And one must wonder to what degree Martin’s mailer will affect that working relationship post-election – and at what cost to the community.

Further, Martin’s approval of the smear campaign against his colleague begs the question: if he stoops to that level in an effort to win an election, to what level will he stoop to win a case as DA?

Just as telling as the mailer – if not more so – is the fact that Martin did not respond to recent and pointed Report questions sent to his campaign e-mail address (See DA hopefuls respond to Report questions, April 30), including some about his past decisions and actions – and inactions – in Mooresville.

We asked Martin why the DAs office did not denounce our police department’s role in nearly botching the notorious Witherspoon murder case and why the DAs office, behind closed doors, offered Misty Witherspoon (who shot and killed her police-officer husband in 2005) a 7-year plea deal. Martin did not respond. (Interestingly, Martin's very own campaign website has a link to the newspaper article I wrote in July 2007, pointing out some of the police department's mistakes. Here's the link: http://www.alanmartinforda.org/news/mooresville/despite_conviction.html .)

We asked Martin why he exonerated our current Interim Town Manager Erskine Smith during the library scandal in 2002, when many people in the community believed that Smith committed obstruction of justice. But at the time, Martin absolved Smith and attempted to justify his actions by telling a local newspaper source that he was in “Lunch Rotary” with Smith, basically suggesting that his relationship with Smith trumped his duties as a public prosecutor. We asked Martin if he believed that he had treated Smith preferentially, and we gave him a platform to calm local citizens’ fear that he would not investigate and fully prosecute white-collar crime. Martin did not respond.

Ironically, current 22nd Prosecutorial District Attorney Garry Frank (Martin’s boss) wrote in a recent endorsement letter for Martin: “The public is not well served if a district attorney yields his or her judgment to political correctness or the influence of powerful individuals.”

I wholeheartedly agree. And that is precisely why, in clear conscience, at least I will not be voting on Tuesday for Alan Martin for DA – and come what may.

31 comments:

Anonymous said...

It's disturbing that someone of Martin's stature would not be able to determine where he drove his car home to each night. (Davidson?? Mooresville?? Where am I??)
I also can't come up with a legitimate reason for changing parties 8 times in 10 years.

And..........he didn't answer the questions of the "Keyboard Crusader"......strike 3...g'night Alan.

6:26

anne said...

Remember Mike Nifong in Durham?

Good job on your research.....

Is Alan too pompous of an ass to think that none of this would come out?? Man, this reminds me of Mike Nifong in Durham.

Is his only trump that he must smear his opponent...uh, co-worker, uh fellow da? Can he offer no more than that as a reason to get your vote?

KABOOM, Alan....it just blew up in your face!

He has not only compromised the integrity of one of the finest families and candidates in the area but also the office of the District Attorney and the entire Bar. shame, shame, shame.....

Jamie:
I hope you get your research out
(maybe in the R & L) for John Q. Public to read before hitting the polls.

Anonymous said...

Alan Martin has consistently misrepresented his record and his committment to the Republican Party in his campaign materials. He is not 100% in the murder trials he has tried. He is not the "chief" prosecutor as he claims. This is a self proclaimed title that is hollow at best. His most recent attack mailing also is inaccurate. Sarah Kirkman has been the lead prosecutor on several murder cases. Alan's is consistent with his misrepresentations but he is like a leaf blowing in the wind when it comes to his party affiliation and his judgment. He is not grounded in his committment to the GOP. The "itty-bitty" letter is representative of his true political position. His judgment is cloudy and, as a result, he offers no vision for the Office of District Attorney. How quickly he forgets how he stood before the members of the Bar supporting Sarah Kirkman for judge a few years ago. How does he now attack her values and integrity? Political expediency is now his nature much like the former District Attorney in Durham; he will say anything for political gain. I have heard that he might be "remorseful" about his most recent attack ad and the fallout (including a State Bar Complaint challenging the ethics of his actions), yet he continues to run the same inaccurate message on radio ads. Sarah Kirkman is supported by all categories of those associated with the criminal justice system (judges, clerks, law enforcement, attorneys, probation officers, fellow assistant district attorneys). She is not "blowing in the wind" like Alan Martin. Her vision is clear and so is her conscience.

Anonymous said...

I almost felt sorry for Alan Martin when I read this article. But then I remembered he was the only one arrogant enough to not answer his questions. What was he thinking?
Of course nobody likes answering tough questions but judging from this blog, a whole lot of public officials are willing to get on the record except Alan Martin. So yeah I felt a little sorry for him but it passed.

Anonymous said...

Maybe he didn't want to get on the record because then he'd either have to admit he'll go soft on white-collar crime and public official corruption OR he would have to one day actually prosecute such crimes and displease his "friends". Either way it doesn't look good for Alan Martin.

Anonymous said...

Mike Nifong? hardly. Nifong went after the WRONG GUYS. A whole different story from Misty Witherspoon who shot her husband in the head while he slept. Now, Alan Martin is still on the hook though. The only reason this murderer isn't going to be up and around walking in Mooresville in 7 years is because she was stupid enough to turn down the deal Alan Martin offered her on a silver platter! That's called dumb luck not good prosecutorial skills. Sorry.

Anonymous said...

Outstanding and very enlightening information!! Thank you, greatly, for your due diligence!!

I was asked to host a yard sign for Martin by a friend, and I did so. It will disapear before nightfall.

Anonymous said...

The citizens of Alexander and Iredell counties deserve better representation than someone who will twist perfectly legitimate people into "fat cats" and "representatives of murderers and rapists." Last time I checked, all people are constitutionally guaranteed the right to counsel if charged with a jailable offense.

The attorneys who work as public defenders are only ensuring that the justice system remains balanced. While it's easy for us in the public and media to automatically damn an accused rapist or sex offender, they are still guaranteed the right to due process.

Sarah Kirkman is well liked across the board by both law enforcement and attorneys because she is fair, willing to speak with everyone, and above all, ensures that the best interests of justice are done.

I guarantee you that she is unafraid to fight for jail time for violent offenders and those that prey on the weak and/or the young.

The fact that Sarah has the support of both the Fraternal Order of Police, numerous members of the law enforcement community and attorneys from all types of practice is symbolic of her ability to do her job without favoritism or bias.

Tomorrow, on May 6, vote for integrity. Vote for Sarah Kirkman.

Anonymous said...

I noticed on my mailing that a "John Lynch" had created this campaign advertisement for Alan Martin. With friends like that who needs enemies? What a windfall for Kirkman (who by the way will be getting my vote!!!)

Anonymous said...

I'd like to hear more about his connection to the library and obstruction of justice.

Anonymous said...

and justice prevails

Jaime Gatton said...

To the May 6 @ 12:54 p.m. poster:

Hope this helps (this is the largest majority of the question I sent to Martin about the "obstruction of justice" issue):

Mr. Martin: Many people in Mooresville believe that you mishandled the investigation of Interim Town Manager Erskine Smith in 2002. As you will recall, a Mooresville citizen blew the whistle on our library director, who – thanks to the efforts of that citizen – was later indicted on embezzlement charges.

The day that the library director, Karen Khan, was dismissed from her employment with the town (on a Friday), it had been made clear to Erskine Smith (the assistant town manager at that time) that a criminal investigation by the Mooresville Police Department was underway. Yet bright and early on Monday, Smith (who has never been known to frequent our public library) showed up at the library and disappeared into Khan’s office. According to eyewitness accounts, he reappeared some time later, carrying full trash bags. What’s more, this happened before the investigative officer, Carl Robbins, went through Khan’s office for investigative purposes. Smith was fully aware that Carl Robbins was the investigative officer in the case, and Smith could have – and SHOULD have – called Robbins to go through that office first.

As I understood it from my predecessor at the Tribune, who extensively covered the library scandal, one source told him that eyewitnesses told you that Erskine Smith was in the library office for several hours and left with full trash bags. But when you asked Smith about it, apparently Smith – Khan’s boss – said he was merely “cleaning old magazines” out of Khan’s office. Smith also admitted to you that he was aware that a criminal investigation was underway at the time and that he knew he was going through her office even before the criminal investigator had.

To this day, no one – arguably, except for you – knows exactly what Smith carried out of that office and why he was allowed to do it. Yet you absolved Smith by saying that there wasn’t enough evidence to pursue it. And later, you apparently attempted to justify your actions to a Tribune source, saying that you “attended Lunch Rotary with Smith,” basically suggesting that your relationship with him trumped your duties as a public prosecutor.

Many people in the Mooresville community feel like Erskine Smith committed obstruction of justice and that you treated him preferentially. They believe that had you handled that situation correctly and more courageously, this town would have been saved a great deal of money and heartache. You had the power at that point to make sure Erskine Smith was properly held accountable, but you did not exercise that power because reportedly, you were in “Lunch Rotary” with Erskine Smith. And now, our town is stuck with him as an interim town manager making more than $100,000 a year while he is wasting our tax dollars by throwing business, to the tune of a-quarter-of-a-million dollars, to his undeserving friends.

Many people conclude that we’re in such a situation with Smith because of your single failure and inaction.

(I followed this with specific questions, but Martin never responded.)

Jaime Gatton said...

Oops. That comment (above) was for the 12:54 A.M. poster. I wrote p.m.

Anonymous said...

Ms. Gatton...
Our were thorough in your examinations, explainations, and writing. You "spanked" well.
However, it was the voters of Iredell and Alexander counties...
who spanked the best.
Thank You!

Anonymous said...

The sad part, now that the election is over, is that while Iredell and Alexander counties win, Davidson and Davie will be the losers. Alan Martin probably won't have a job in Sarah Kirkman's office, which is as it should be after he allowed that sleazy mailer to go out to voters. But fear not for the intrepid, often unaffiliated Martin - just one day after the election in which Kirkman metaphorically handed him his ass with both hands, Martin was spotted at the Davidson County courthouse and was rumored to be meeting with Davidson DA Garry Frank about accepting a job under Frank in Davidson and Davie. The question every voter and citizen of Davidson and Davie counties should be asking themselves is, "Why would Mr. Frank entrust such a person with such an important job? How can somebody who doesn't even respect the rights of a co-worker and colleague (never mind the mailer's smear against criminal defense attorneys in general) be expected to respect and uphold the rights of ordinary citizens?" For somebody who prides himself as a great administrator, Mr. Frank has really fallen down on the job when it comes to keeping Alan Martin around.

Anonymous said...

Glad I'm not a resident of Davidson or Davie....not sure what Mr. Frank is thinking if he rewards Martin's actions with a "fat-cat" position in his district. Imagine being an ADA in Frank's district and having to work alongside Martin after all he did in his attempts to discredit Kirkman and the entire court system. What a team player!

The citizens of NC and specifically those counties should not stand to be represented by the likes of Martin -OR- Frank. They have both shown poor judgement in and out of the courtroom.

If Martin thinks he's leaving the "politics" of the election behind, he may be surprised .....

Anonymous said...

Alan Martin has demonstrated over 14 years of service that he is fine prosecutor and would have made a great DA in Iredell County.

Instead of focusing on what is important in this role, the opposition was able to focus on lies about his voter registration, lies about his place of residence, and his "failure" to respond to this blog. All of this has nothing to do with his abilities regarding the office he sought. He had never been on this site until I showed it to him Sunday morning, after my first visit on Saturday and far too late to respond to his character assasination already in print.

There are, however, no sour grapes on this side. In fact I know I join Alan in wishing the new DA great success in the execution of her office.

Alan served Iredell County well for 14 years dedicating himself toward the safety of all its citizens. He has never compromised his values. I am proud of Alan and his 14 years of service to this community and feel wherever he serves, the community will have a skilled attorney with uncompromising values on their side.

As for me, it was an honor to assist my good friend as treasurer of his campain. I have learned a lot about the good and bad parts of this process. I have a heightened admiration for those that endore this process to serve the people. Plus I learned of a new website that I hope continues to keep those that serve accountable, albeit with a little more effort on ensuring fairness.

John Lynch
Mooresville

Anonymous said...

Mr. Lynch:

You have missed the boat on all accounts.

Anonymous said...

The term "missed the boat" typically refers to missing out on an opportunity that has "left the dock". I have missed no such opportunity and have only served to "keep the books" for a good friend in a worthy cause.

Anonymous said...

John, John, John. It is perfectly natural for you to want to defend your friend. I don't have a problem with that. We all like our friends and are usually more tolerant of them than we are of other people. But when you start throwing the word "lies" around, that's a different story. Come on. If indeed this blog has told lies on your friend, then tell us exactly what those lies are and back up what you say. Of course, when and if you do that, please also be prepared for others to examine your contentions, too.
Don't treat us like we're dummies and just cry "lies, lies" and expect us to believe you. That tactic used to work in this community, but those days are over now.

Anonymous said...

Anonymous, Anonymous, Anonymous.... Interesting that your call for my proof comes from behind the mask of anonimity. What benefit to anyone is there in my response now that we have dismissed one of our most skilled prosecutors?

Despite your mask, I will address the three issues I spoke of in my earlier email as I agree we should not use strong words without proof.

Regarding party registration-

Alan has been a Republican since 1998. He has not registered as a democrat since before that time. He did register unaffiliated for a periods to vote in certain elections in which he had a specific personal or professional interest. He remains a republican. How many republicans registered as independent's this primary season to attempt to sway the presidential election?

Residence-

Alan has worked in the same district for 14 years. It is redicuous to judge him negatively for the location of his residence and it has no bearing on his ability to prosecute criminals.

Alan moved to Mooresville in 1996. I helped him carry some furniture. After meeting his wife who lived and worked in Charlotte he moved to Charlotte for a time and then to Davidson. Is it a a blemish to fall in love with a Charlottean? It is also a blemish to live where your's and your spouse's commutes are reasonable? He currently owns and lives in a home in Mooresville. How is it that any of this makes him a better or worse prosecutor or administrator?

Not responding to Gatton questions-

Alan had not been on this site until after I learned of it (also for the first time) Saturday May 3rd. The request for answers to Gatton's questions were received by email but were dismissed as we were unfamiliar with the site. When we learned of it, it was too late for us to respond.

All of this is of course moot. All of this, of course, has nothing to do with his ability to perform a service to the community by running the district attorney's office.

Alan doesn't have any trouble with the "tough questions" on here. There are no "tough questions" when you have sound values and have remained true to the people. He has endored this process and remains a man of decency and integrity. He remains my good friend.

I hope the newly elected District Attorney has great success in her office. I am certain she will get along well with each of the parties with which she will deal.

Anonymous said...

Hey John. Just read your latest comment and went back and read the article again. Maybe I'm missing something, but looks to me like you just rewrote the article and confirmed everything in it, except you rewrote it through the lense of a really "good friend". I still don't see all these "lies" you complained about in your first post. Show us the money man, or just admit you used the wrong word when you said "lies".

Anonymous said...

Hey Folks:

Alan Martin was a good assistant district attorney. He can really apply himself and try a case. I don't think that he would break the law by not prosecuting someone that needed it. However, he stepped across the line with his campaign. He worked with Sarah, he tried cases with Sarah, he supported her and spoke highly of her when her name was mentioned for district court judge a few years ago. In the words of a wise man, "you cannot throw bricks when you live in a glass house." The bricks he threw bounced back and hurt. The Mecklenburg Board of Elections did have him registered as Democrat in 2002. You have to check this by calling and have them look up all the prior registrations on the cards, not by just looking at the website. Alan should not hang his head, because he lost or because he is a "bad" assistant district attorney; He should hang his head because he crossed the line with a major false allegation against Sarah, a fine person with nothing but integrity. She had the "itty-bitty" letter and did not use it personally until the "mailer" came out. He did mislead the public with his comments abot her and his comments about his residencey, and his comments about her record as an assitant district attorney. I certainly don't fault him for marrying a Charlotte gal, but lets call it like we see it. He intentionally mislead all and he intentionally made absoultely false allegations against Sarah's integrity and mine for that matter, which I will not forget anytime soon. I supported his boss, a fine person, and never sought favor with him, because he is a person of deep integrity. The truly sad thing is that Alan knew what he was putting out was false, yet ran it anyway. Alan plainly and with great stupidity, crossed the line, which shows his lack of judgment, a trait which a District Attorney must have with such a powerful office. I hate that this race turned sour as a result of bad judgment and a desire to win at all cost, a dangerous concept. John Lynch, I don't know you and I don't doubt your commitment to Alan, nor do I fault your actions as treasurer, but you have to admit that Alan's attack against Sarah was in extremely poor taste and really across the line. His fellow attorneys will not forget this and he should apologize to Sarah for such outrageous actions.

Anonymous said...

John Lynch, noone likes having to move furniture. I was just wondering if you think sending that mailer out and ruining your friend's relationship with the entire legal community in Iredell and Alexander counties makes up for Alan making you help him move furniture in 1996. Talk about holding a grudge.

Anonymous said...

Furniture is heavy and helping move someone is arduous. On the other hand, the finances of all campaigns are filed publicly and easy to find.

Anonymous said...

...and what would public records reveal??? That Martin also received funds from defense attorneys??? I think so.

Mr. Lynch, do Martin a favor and stay off this blog and keep your advice to yourself. Like someone stated earlier, "with friends like you, who needs enemies".

Anonymous said...

Is it true that Alan has yet to congratulate Sarah on her victory?

Anonymous said...

I find it hard to take advise from someone that has not the courage to identify themselves. I have given no bad advise but I do tire of this blog.

Anonymous said...

John Lynch, is anybody holding a gun to your head making you pull up this blog and posting on it? If so, if you can wait about seven months, we will have a new DA who I'm sure will gladly and competently prosecute this person for you.

And, by the way, it's "advice," not "advise."

Hulya Garrett said...

Is there anybody like to hear about Sarah Kirkman? Since most of you so impressed by her I am very sure that you are going to be shocked to know how she operates right now. My story will be heard soon.

HG

Hulya Garrett said...

Robert Campbell Please tell me what are the allegations against Sarah Kirkman. It may not be false after all. Trust me I have very good reasons to say that... Integrity...???Hmmmmmmm