The North Carolina State Bar has charged two for­mer Union County pros­e­cu­tors with lying, cheat­ing, and with­hold­ing evi­dence in a 1996 mur­der case that end­ed in a death sen­tence. The charges state that for­mer Union County District Attorney Kenneth Honeycutt and his assis­tant, Scott Brewer, each com­mit­ted 23 vio­la­tions of the rules that gov­ern lawyers dur­ing their 1996 pros­e­cu­tion of Jonathan Hoffman, who was sen­tenced to death for rob­bery and mur­der. The State Bar says that Honeycutt and Brewer lied to the tri­al judge, the jury and the defense lawyers and know­ing­ly used false evi­dence dur­ing Hoffman’s cap­i­tal tri­al. Evidence indi­cates that the two pros­e­cu­tors hid a deal to reward the state’s key wit­ness — Hoffman’s cousin who was fac­ing prison sen­tences in South Carolina and in fed­er­al prison — with immu­ni­ty from state and fed­er­al pros­e­cu­tions, mon­ey, and a reduc­tion in his fed­er­al sen­tence. Under stan­dards estab­lished by the U.S. Supreme Court, pros­e­cu­tors must dis­close any con­ces­sions or immu­ni­ty they give to wit­ness­es. Last year, Hoffman won a new tri­al after more than sev­en years on death row. He remains in jail await­ing his new tri­al.

State Bar charges of pros­e­cu­to­r­i­al mis­con­duct are rare in North Carolina, and only four pros­e­cu­tors have been dis­ci­plined in the past 10 years. If they are found guilty in a hear­ing before the bar, Honeycutt and Brewer’s pun­ish­ment could range from a writ­ten rep­ri­mand to the loss of their law licens­es. After an unsuc­cess­ful run for the state House of Representatives, Honeycutt retired from his job as Union County’s District Attorney. Brewer is now a District Court judge in Rockingham, North Carolina.

(News & Observer, September 7, 2005). See DPIC’s report, ​“Killing Justice.” See also Prosecutorial Misconduct.

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