Family of convicted rapist, mother of his victim watch fiery court fight for new trial
DURHAM (WTVD) -- Family lines of loyalty are painfully obvious inside a Durham County courtroom.
Relatives of convicted rapist David Yearwood sat just a few rows behind him while the mother of his victim quietly observed his fight for a new trial on the opposite side.
Neither side has spoken since Yearwood was arrested in July 1999. Their distance and silence continues in the second day of testimony at a special hearing.
The original attorney for a Durham man convicted of child rape expressed shock and frustration Wednesday after learning about missing investigator notes that could've pointed to other suspects.
Lawrence Campbell, the Chief Public Defender, testified in the second day of a hearing that will determine whether his former client David Yearwood will get a new trial.
"That information would've been critical," said Campbell. "Our whole defense strategy was David Yearwood did not do this."
Yearwood, 46, has maintained his innocence. He is serving a 30 year prison term in the attack on the girl who lived near him. Yearwood said it wasn't uncommon for him to visit his neighbor's home to mow their lawn.
Court records show the child's mother was not at home at the time. The girl would later accuse Yearwood of rape.
MISSING EVIDENCE?
Defense attorneys say investigators spoke to a neighbor who remembered seeing two juveniles coming from the home around the time of the attack. It is information Campbell says he was not aware of at the time of trial.
Attorneys for Yearwood allege former Durham County District Attorney Tracey Cline withheld important evidence in the case when she was an assistant DA.
Wednesday, Campbell testified that Yearwood's new defense team showed him police notes with the words "not this" scribbled at the top. Campbell said he recognized it as Cline's handwriting.
"At that particular time, there were cases here in Durham where Ms. Cline had written on documents 'not this,' and that information was coming to light," testified Campbell.
Prosecutors contend Yearwood was rightfully convicted.
"The identity of the defendant was never an issue," declared Assistant District Attorney Cindy Kenney. "He was caught in the house!"
A contentious cross examination of Campbell forced the defense to concede one of its complaints. Yearwood's defense team withdrew its claim that Cline denied him access to some Department of Social Services records related to his young victim.
When asked by the judge what he knows now that he didn't know at trial, Campbell pointed out that he was also unaware of inconsistent statements made by the victim, DSS records showing allegations of prior abuse and videotaped interviews of the victim that were destroyed.
The victim's mother spoke briefly with ABC11 but declined to comment about the hearing.
Yearwood's family says he has developed some health issues while serving out his sentence, but regularly attends a prison chaplain program.
"It's been a hard time. Just heartbreaking," said Tom Yearwood, the defendant's father. "There are some hard feelings about Tracey Cline."
In its investigative series "Twisted Truth", the Raleigh News and Observer reported that Yearwood's attorneys allege Cline withheld SBI reports that show Yearwood's hairs were not found at the crime scene along with the full statements police got from the victim and her mother, a statement from a hospital nurse that said she found no vaginal tearing, and notes from an investigator who interviewed a neighbor who reported seeing two suspicious teen's leaving the victim's house before the alleged attack.
Cline was removed from her position as Durham County District Attorney in 2012 after publicly feuding with a judge and accusing him of corruption in court filing.
Superior Court Judge Orlando Hudson had dismissed two murder cases in which Cline was involved citing her behavior - including the alleged suppression of evidence.
The highly unusual decision to remove Cline from office came after a defense attorney filed a motion saying her ongoing dispute with Judge Hudson was bringing the county court system into disrepute.
Cline's removal was upheld by the North Carolina Court of Appeals in 2013. She has since appealed to the US Supreme Court.
CLINE AS SCAPEGOAT?
Cline is noticeably absent in the hearing. The judge asked why the defense chose not to subpoena Cline to make its case for a new trial.
"I am not calling her as a witness for reliability reasons," explained Defense Attorney Heather Rattelade, pointing out that court records show Cline has lied in the past.
Prosecutors suggest the defense is using Cline as a scapegoat for a new trial.
"It's trying to take advantage of her history here with no factual basis in this case," said Kenney, pointing out that a higher court reversed some of the rulings in cases where Cline was accused of prosecutorial misconduct.
HEARING CONTINUED
The hearing is expected to last up to three days as multiple witnesses testify about details in the case. The matter could continue into next week after a defense witness became ill and another is on vacation.
Longtime Durham attorney Diane Savage testified Wednesday about how discovery law, specifically bench notes related to lab tests conducted at the State Bureau of Investigation, has changed since 1999.
An SBI analyst testified Tuesday that while no semen was found on the child's underwear, there were chemical indicators of human saliva.
An officer who interviewed Yearwood's then-12 year old victim at the hospital told the judge all these years later he can't forgot her story.
"Very traumatizing for the victim, traumatizing for the mother," he said. "It made an imprint on the officers including myself that were involved."
