Attorney questions possible drug charge, timing, in Durham man’s civil rights trial
Darryl Howard was about to resume testifying against a former Durham police detective late last week when he learned he might be facing a criminal charge related to a car crash last year.
His lawyer wanted to know more about it.
Friday marked the ninth day of testimony in the federal courtroom in Winston-Salem, where Howard contends in a civil rights lawsuit that Darrell Dowdy made up and withheld evidence in an investigation that led to Howard spending more than 23 years incarcerated on murder and arson charges. Howard’s convictions were vacated in 2016, and Gov. Roy Cooper pardoned him in April.
Howard, who started testifying late Friday morning, grew up in Durham, dropped out of the ninth grade and sold marijuana and later cocaine, while also becoming addicted to cocaine and heroin, he testified.
A psychiatrist testified Howard had symptoms of post-traumatic stress disorder after spending years in prison for a crime he says he didn’t commit.
Before jurors returned from lunch Friday, attorneys again debated what topics could be brought before the jury.
Duke lacrosse prosecutor
Chief U.S. District Judge Thomas Schroeder’s rulings have kept the attorneys focused on the central questions in the case.
For example, during testimony from former district attorney Mike Nifong, who prosecuted Howard’s case, attorneys avoided asking the Duke lacrosse prosecutor’s opinion of Dowdy because they didn’t want the jury to have to weigh his credibility.
Nifong was disbarred in 2007 for prosecutorial misconduct in the case, in which three lacrosse players were ultimately cleared of rape and other charges.
“I don’t want to get into Duke lacrosse,” the judge said. “That’s a sideshow.”
Sexual relationship
Dowdy’s attorney Nick Ellis sought to introduce two new pieces of evidence.
After a witness indicated Howard’s only form of communication while in prison was via telephone, Ellis argued the jury should be told Howard had a sexual relationship with a co-worker while on work release in 2008 at Honey’s, a 24-hour Durham diner which was leveled years ago.
The judge let the attorneys share information about the work release and the intimate relationship.
Alleged drug possession
Ellis also sought to introduce information about Howard’s current drug use after a psychiatrist testified Howard had completed a treatment program in prison.
Ellis said he has evidence that Howard was in possession of illegal drugs in 2020.
Howard was in a single-vehicle crash in which emergency officials found marijuana and cocaine, according to statements in court.
Howard’s attorney Nick Brustin said Howard wasn’t charged.
Ellis said it was his understanding the arrest warrant just hadn’t been executed yet.
“He’s been charged,” Ellis said. “He hasn’t been served.”
Schroeder ruled the information couldn’t be presented to the jury because drug addiction isn’t related to Howard’s claims.
Afterward, Brustin promised to follow up on who is responsible for the charges.
“I am going to want to know where any of the people, including those in the audience, had anything to do with him being charged,” he told the courtroom.
A handful of people sat in the rows of wooden benches, including two attorneys for the city of Durham.
Howard’s team declined to comment.
According to court documents, Howard was charged with simple possession of a schedule 2 drug, a misdemeanor, and felony possession of a schedule 2 drug, in May 2020.
The charges were dismissed Monday morning by the District Attorney’s Office, according to court records.
“In the interest of justice,” was the reason listed.
Testimony will continue Monday.
This story was originally published November 22, 2021 at 10:12 AM.
