The disciplinary arm of the N.C. State Bar dropped charges of felonious misconduct against two former Union County prosecutors Friday because of a 1999 clerical error at the state Supreme Court.

The State Bar had charged Kenneth Honeycutt and Scott Brewer with lying, cheating and withholding evidence in a 1996 death penalty case.

The ruling Friday marks the second time that Honeycutt and Brewer won on procedural grounds before the bar's Disciplinary Hearing Commission, which sits as judge and jury in disciplinary cases.

Earlier this month, the panel dismissed the charges, saying defense lawyers in the murder case had missed the deadline for filing a grievance against Honeycutt and Brewer.

The State Bar's lead prosecutor challenged that ruling, arguing that no deadline existed because Honeycutt and Brewer had committed obstruction of justice and subornation of perjury, both felonies. Under the bar's rules, there is no deadline to bring charges of felonious misconduct against lawyers.

But that rule was never published in the Supreme Court minutes because of an oversight and is therefore not valid, according to the panel's chairman, Lane Williamson of Charlotte.

"The procedures have got to be followed," Williamson said.

The ruling brought cries of outrage from defense attorneys and the N.C. Academy of Trial Lawyers.

"We have technicality after technicality being raised to avoid the rule of law," said Mary Ann Tally, a Fayetteville lawyer who attended the bar hearings. "The public is outraged that this type of misconduct goes unregulated and unpunished."

Honeycutt, the former district attorney in Union County, is now in private practice. Brewer is a district court judge in Rockingham. They and their attorneys declined to comment Friday.

Prosecutors around the state are concerned that the case is damaging their reputation and the public image of the justice system.

"In any case alleging felonious misconduct, we want to get to the truth of it," said Peg Dorer, director of the N.C. Conference of District Attorneys. "These allegations hurt the profession. I think they should have an investigation."

On Friday, an aide to Attorney General Roy Cooper asked the State Bar to forward their evidence of felonies to Union County District Attorney Michael Parker for investigation. The aide, J.B. Kelly, said the attorney general does not have the power to start an investigation on his own.

Parker was Honeycutt's chief assistant. Gov. Mike Easley appointed Parker to succeed Honeycutt at Honeycutt's request. Parker did not return phone calls Friday.

The case stems from the trial of Jonathan Hoffman, who was sentenced to death for the robbery and murder of Danny Cook, a jewelry store owner in Marshville, southeast of Charlotte. Hoffman's case was the subject of a November 2003 article in The News & Observer.

In April 2004, Hoffman won a new trial after 7 1/2 years on death row. The key evidence against Hoffman was provided by a cousin, Johnell Porter, who was facing long prison terms in South Carolina and in federal prison.

Hidden deal at issue

The bar said that Honeycutt agreed to reward Porter for his testimony at trial with immunity from state and federal prosecutions, money and a reduction in his federal sentence. Porter said in a recent interview that he made up the testimony about Hoffman to get the deal.

Porter's prison sentences were reduced by at least 15 years. He was not prosecuted for at least a dozen serious crimes in Charlotte. And he pocketed several thousand dollars in reward money.

The bar charged that Honeycutt and Brewer hid the deal from the jury, the trial judge and Hoffman's lawyers, lied to Judge William Helms and concealed the deal by altering documents they gave to the judge.

One of Hoffman's lawyers said he couldn't believe Friday's dismissal.

"They are skating, all because this rule wasn't published in an old law book?" asked Mike Howell of Durham. "I wish I could find one of those technicalities and get one of my clients off in a murder case."

The bar can appeal to the N.C. Court of Appeals once the panel enters a final order.

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