A SLEEPING JUROR AND AN UNFAIR MURDER TRIAL

My son Keenan Daryl Harte was given a first degree murder, life without parole
conviction in March 2012 by presiding Judge Hugh B. Lewis. This conviction was
handed down after Keenan spent three years in Mecklenburg County Jail for an incident
that occurred in May 2009. My son should have been tried on a manslaughter charge.
Sadly, a life was lost in an unfortunate incident involving my son. The deceased, Mr.
Brandon Blakeney, played a role in his death. A friend of Mr. Blakeney testified in court
that my son did not touch the deceased, but instead it was Mr. Blakeney who instigated
and pursued my son.

There are two important things to note: (1) Even though there had to be a unanimous
verdict in my son’s case, Juror # 2 slept through most of the trial. She may have been
sick or on medication; it remains unclear. But a sleeping juror during a murder trial is
cause for dismissal or retrial. My son kept bringing the sleeping juror to the attention of
his then attorney, Noell Tin, who ignored my son’s multiple pleas. I also brought the
sleeping juror to Mr. Tin’s attention several times over the week-long trial. The judge
also noticed the sleeping Juror #2 and eventually had the bailiff wake her. This juror
missed key portions of the trial and could not feasibly decide on any verdict, yet my son
was convicted and sentenced to life imprisonment without the chance of parole.
“A SLEEPING OFFICER IS NO BETTER THAN NO OFFICER AT ALL.”
David Fathi, director of the ACLU’s National Prison Project

It appears that Judge Hugh B. Lewis had not presided over many murder cases prior to
my son’s case. Judge Lewis was unsure of some of his responses during the trial and
shared on several occasions that he would review overnight and provide additional
information as needed the following day. This happened often enough that the court
transcript should support this statement.
It is not news that men of color are treated unfairly by the North Carolina justice system
and judicial systems across our country. Life sentences and unjust sentences are being
given out with impunity to men and women of color disproportionately and we must
advocate for change and parity. In the incident where my son and Mr. Blakeney were
involved, two lives were lost that night. Mr. Blakeney was accidentally killed and my son
is serving a life sentence behind prison bars, without a chance of parole. Two lives lost.
Keenan Daryl Harte should have received a manslaughter charge for defending himself.
He feared for his life as a drunken group circled and blocked his exit as he tried to leave
the parking lot of a local North Carolina night club in May 2009. My son has served
more than 13 years in prison. Keenan and our family are pleading for his case to be
reviewed, all the facts shared and clemency granted for time served. My son’s trial was
unfair. He was not given the opportunity to take the stand in his own defense. Both his
attorney Mr. Tin, and the presiding Judge Lewis failed to council him on this option.

There are many social ills confronting Black and Brown communities across our
country, especially in the South, but there is real strength in unifying around unjust
causes. I believe there was a gross miscarriage of justice in my son’s case.
Regardless of skin color, ethnicity, sexual orientation, gender identity, religious beliefs,
we must come together and value each other's lives. We must pray with our mouths and
march with our feet, advocate with our pens and our vote, support with our dollars
programs and organizations bringing change to our communities. The time is now! This
is a pivotal moment for vulnerable men, women and children of color, profoundly more
impacted by violence, drugs, poverty, inadequate housing, higher unemployment,
improper health care and failing schools. The Mecklenburg County Courts must be held
accountable for failing to deliver fairness and parity in all of its criminal cases. We must
insist that justice be meted out honestly and fairly.
Keenan went out to a nightclub to celebrate his successful completion of the course
“Lifeworks Employment Readiness Program at The Center for Community Transition.
He was promised a job and Keenan in his excitement decided to go out and “chill by
himself”.
He arrived in the parking lot of a local night club and encountered Mr. Blakeney after
parking. Mr. Blakeney came over to a group of young women Keenan encountered
shortly after parking. Keenan, being alone, felt uncomfortable, thinking this encounter
may have been a setup, because the young women knew Mr. Blakeney. Keenan left the
group and went into the club. Several hours later when Keenan was preparing to leave
the parking lot, he encountered Mr. Blakeney for the second time. As Keenan passed by
the group, Mr. Blakeney accused my son of bumping into him. My son apologized and
thought that would be the end of it, but Mr. Blakeney followed him, shouting in a loud,
aggressive, threatening manner. (This was testified to during trial by one of Mr.
Blakeney’s friends.) Mr. Blakeney, with his friends in tow, got into a vehicle and blocked
my son from leaving in his car. Fearing for his life, my son retrieved a gun from his car,
wanting to scare off the man he felt threatened by and afraid of. (Keenan was by
himself). Panicked, my son was hoping to scare Mr. Blakeney enough, so the latter
would stop blocking his vehicle and my son would exit the parking lot.

Unfortunately, the gun mis-fired and Mr. Blakeney was accidentally shot and killed.
There was no pre-meditation. My son did not know Mr. Blakeney before that night, nor
did he know anyone else in that group of people denied entry to the club that night. The
group, including Mr. Blakeney, had stayed in the parking lot, drinking for several hours
and surrounded my son as he attempted to leave. This was 13 years ago.
Keenan had a hearing in February 2021 (Motion for Appropriate Relief; MAR)) for not
being given instructions on testifying on his own behalf. Originally, this petition was
denied without a hearing by Judge W. Robert Bell. Attorney Clark Fischer appealed this
decision and the Appeals Court overturned the judge’s decision. There was a
subsequent hearing, but the presiding judge was the same Judge W. Robert Bell who
denied the motion initially, so this went nowhere fast. This was a clear conflict of interest
and not surprisingly, Judge Bell denied the motion a second time.
I will never tire of advocating for a fair and just trial for my son who has done his best to
equip himself with new skills while incarcerated. He completed several certifications in
recent years. Some of which include Southeastern Community College’s certificate of
completion for Commercial Cleaning, Martin Community College’s 235 completed hours
of Office Practices, and several phases of the Rehabilitative Diversion Unit (RDU)
trainings on cognitive behavior changes that focus on making choices for a positive and
healthier lifestyle. My son is working hard to become a diligent and contributing member
of society upon his release, if given that opportunity. My grandson, Keenan’s only son,
has served four years in the Marine Corps and he also advocates for his father’s
release from prison.
The time is now for us to peacefully stand up and speak out against unfair practices
determining outcomes of life-altering court trials. I support the movement, Mothers of
Murdered Offspring. I also am an advocate for Mothers of Children Convicted and
Sentenced to Life. I do not condone murder or violence, but we must take all presenting
facts into consideration. What happened over several hours that 2009 evening in
question? Who and what triggered and escalated the situation? We need to know each
other’s stories and dole out justice that is fair and equitable. The world has become a
sad place, but we must support one another.
My petition is mainly about the sleeping Juror #2 in my son's case and his sentence of
first degree murder, life without parole when manslaughter should have been on the
table, because he feared for his life the night Mr. Blakeney was accidentally killed. My
son received inadequate attorney representation resulting in a very poor, even
confusing defense.
Friends, please support my family as we advocate for my only son, Keenan Daryl Harte
who deserves his freedom. He deserves to be retried on the lesser charge of
manslaughter, granted clemency and released for time served. This is our fervent hope.
Respectfully Shared, 10.7.2022
Gweneth Blair, Mother, Grandmother and Advocate