Charmaine Lawson Writes Letter to the Editor, Urges Filing a Complaint About DA Maggie Fleming

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A photo of David Josiah Lawson at his memorial service held at HSU in 2017. [Image provided by Humboldt State University]

District Attorney Maggie Fleming,

David Josiah Lawson affectionately known as DJ was my first-born son who had a bright future ahead of him. From the moment I felt him move in my belly, I loved him. My sweet baby boy came into the world on May 20th, 1997, he was perfect. I was happy beyond measure, God had blessed me with the most handsome and perfect little boy. Being DJ’s mom was the most important job in my life. As a baby, I loved laying him on my chest and feeling the rhythm of our heartbeats, it was soothing and comforting.

DJ was a joyful boy, filled with happiness and love. He loved the outdoors, riding his bike, snowboarding, surfing and his absolute favorite, skateboarding. DJ would spend hours at our local skate park with his friends. He was also very talented; he taught himself how to play the keyboard and guitar.

DJ excelled in school, he was responsible and exhibited leadership skills at an early age. He helped with his siblings; he would pick them up from school and assist them with their homework while I was at work. He would cook dinner, his favorite dish to make was hamburger helper, sometimes it was a little salty, but it was still very delicious and I would say to him “it was the thought and effort sweetheart”.

I valued education, I expressed to my three children that education is the future and that no one can take it away from you. So all three of my children studied hard and graduated from high school with a 3.5 GPA or greater and all three attend a university.

In the spring of 2015, DJ and I attended a local college fair where we met a recruiter from HSU. Although there were countless other colleges in attendance, DJ fell in love with HSU. The brochure of Humboldt County with the beautiful redwoods, ocean and green hillsides captivated his imagination. He looked at me with his big brown eyes and that infectious smile and said “Mom I want to attend HSU”.

DJ was accepted to other colleges, but he happily chose HSU. Our family was excited that he would be the first in our family to attend college. He wanted to become a lawyer and to help his community. DJ spoke at his high school graduation party so passionately and eloquently on how giving back comforts his soul. He was compassionate, giving, loyal, smart and loving. He’s missed every day.

DJ’s murderer destroyed our family and community. He took from us a beautiful soul and as a result, I hurt every day. Not seeing my son, hearing his voice, not getting that big cuddly hug he gives… I miss my son Maggie. Five years no justice, five years no birthdays, five years no holidays, five years no closure and five years of asking why? I will never see DJ get married, have children or raise his family. I understand we can’t bring him back, but truth be told, I have not completely accepted him being gone. There are times that I think he’s just on a long vacation and that he will come home soon.

Maggie, when you and I first met in April of 2017, you personally told me that there was an eyewitness to the case and that you would be the lead prosecutor, but later you pawned my son’s case off to an incompetent unprepared prosecutor. Why?

After FBI Special Agent Tom Parker called you and your Chief Investigator Wayne Cox out for your lack of experience and incompetence, you stopped fighting for my son. Your job is to fight for victims and their families regardless of your personal views and feelings. Instead, you demonized my son. DJ has never been in trouble with the law in his 19 years on earth, unlike the suspect Kyle Zoellner.

I sat in Federal Court last month for several days and heard Zoellner himself testify to being arrested for assaulting his sister on two separate occasions and how he was also arrested for being under the influence of methamphetamine. But you kept Zoellner and his criminal records from the Grand Jury.

We met with former Deputy District Attorney Buckingham earlier this year, and he told us “that he had requested to have Zoellner testify before the Grand Jury; however the authorization form was not signed”. Why didn’t you sign the form so that Zoellner could take the stand and testify Maggie? He was the suspect arrested for my son’s murder!

The last time that you and I spoke was the day that the Grand Jurors returned with a No Indictment in the vicious murder of my son. I remember anxiously awaiting your call, knowing that this time we had DNA evidence that put the knife in Zoellner’s hand, knowing that DNA evidence confirmed that the clothes that Zoellner was wearing was saturated with the blood of my son DJ. I was confident that we were going to get an indictment and my son would get the justice he deserved and a murderer would be taken off the streets.

When you called, I remember your voice sounding so excited as if we had won, but I guess the excitement was because you had won. Zoellner was going to continue to remain free. You couldn’t wait to share this great news with me. All along you wanted my son’s murderer to remain free with no accountability or consequences.

Zoellner has maintained that he doesn’t remember stabbing anyone. Not that he didn’t do it and not that it was in self-defense. He says I don’t remember stabbing anyone. However, your office presented a case of self-defense for Zoellner as if you were his Defense Attorney even though he has never claimed self-defense and it is your job to prosecute suspects not defend them.

The facts and the evidence in this case only lead to one person and that is Kyle Christopher Zoellner. Officer Nielsen arrived on the scene one minute after the 911 call. His dashboard camera clearly shows several party goers screaming and pointing at Zoellner and shouting “he did it!” Why didn’t you play that video at the Preliminary and Grand Jury Hearings?

You completely ignore evidence; you called witnesses that bear no relevance to the case and you hold the position that you want an eyewitness even though there were several witnesses screaming “he did it”, you have the bloody knife, his bloody clothes and my son’s DNA under Zoellner’s fingernails. Kristin Smart’s murderer was convicted with no body, no eyewitness and no DNA. We have all three and more. My God in Heaven why are you protecting a murderer?

I have read some of the responses from you to community members who expressed their disappointment with your handling of DJ’s case. You have taken no accountability for your actions in regard to allowing suspect Zoellner to remain free.

A Federal Judge ruled that Arcata Police Department had probable cause to arrest Zoellner the night that he killed my son. Yet you allow him to walk free among women, children, the elderly and a community that you took an oath to protect. You are a disgrace to the Humboldt County District Attorney’s Office and a disappointment to the people of California. The best decision you’ve made in your career was stepping down. Humboldt County would have never re-elected you. Humboldt County deserves a DA who is competent, compassionate and will bring justice to victims and their families.

I will never stop fighting for my son. I will never go away until justice is served for him. I know his life doesn’t matter to you, but it does to me. My son had more integrity and compassion in his 19 years of life than you will ever have…

Zoellner’s girlfriend Lila Ortega misplaced her cell phone and contacted Zoellner to come to her aid. Witness accounts state that Ortega’s friends bear sprayed my son before Zoellner stabbed him to death and as he lay bleeding profusely, Ortega said “I hope that Nigga dies”. Ortega later found her phone that my son had nothing to do with. But those are the people that you are protecting Maggie. Why? Why doesn’t my son’s life matter Maggie?

Martin Luther King said justice delayed is justice denied. You have delayed and denied my son and our family the justice that we deserve, but now that you are leaving, we will be Victorious!

To the residents of Humboldt County and the people of the State of California,

If you believe that DA Maggie Fleming has participated in prosecutorial misconduct, please file a complaint with the California Bar Association, it’s not too late even though she is leaving office. NO ONE IS ABOVE THE LAW.

The State Bar of California

180 Howard St.

San Francisco, CA 94105

415 538-2000

800 843-9053 – To File a Complaint

http://www.calbar.ca.gov/Contact-Us

 

Charmaine Lawson, 

Love never dies. Justice for Josiah. 

Earlier Stories about David Josiah Lawson:

• 19-Year-Old HSU Student Dies After Stabbing in Arcata Early This Morning
• 23-Year-Old McKinleyville Resident Arrested in Connection with HSU Student’s Stabbing Death
• HSU Offers Students Who Witnessed Stabbing Death Amnesty for Breaking School Rules; Asks Cooperation With Police
• Arcata Police Not Releasing Photo of Suspect in Stabbing Death for Now
• APD Received Anonymous Email About Fatal Stabbing; Pleads With Writer to Come Forward
• Celebration of the Life of Stabbing Victim Will be Held at Humboldt State University Today; Racial Bias Alleged to Have Led to Death
• Hundreds Mourn Slain HSU Student at Thursday Vigil
• Uncle of Fatal Stabbing Suspect Writes Letter to the Editor Urging Community Re-examine Public Statements Made in the Case
• Family of Arcata Stabbing Suspect Claims the Real Killer Has Not Been Caught (Includes Timeline of Events as Presented in Public Statements by Those at the Party)
• HSU and Arcata Police Issue Statements Following Release of Kyle Zoellner in the Stabbing Death of David Josiah Lawson
• District Attorney’s Office Issues Statement as Defendant in Racially Charged Case Released
• Family of Kyle Zoellner Who Was Released Today in Stabbing Death Issues Statement to Family and Friends of Victim
• Justice for Josiah Gathering Keeps Arcata Lively Tonight; Another Protest Called for Tomorrow
• Letter to the Community of Arcata from Kyle Zoellner’s Uncle
• Chanting “‘Justice for Josiah,’ Protesters Gather at the Courthouse
• Family Announces $10,000 Reward for Information Leading to Conviction of Killer of David Josiah Lawson
• APD Chief and Victim’s Mother Offer Updates on the Stabbing Death of David Josiah Lawson
• Letter From Family Member Questions Testimony of Witnesses in Hearing About Kyle Zoellner’s Possible Role in the Death of David Josiah Lawson
• ‘Reckless Statements’ Were Made by Tom Parker, and Lawson Attorney, Shelley Mack, Writes Uncle of Kyle Zoellner in Letter to the Editor
• Protestors Take Over Arcata City Council Meeting Demanding Justice for Josiah
• A Deeper Look at Last Thursday’s Disruption of the Arcata City Council by Protesters Demanding That Tom Parker Be Asked Back to Help in the Josiah Lawson Case
• Mother of Josiah Lawson Claims DNA on Knife Identifies her Son’s ‘Murderer’, Calls for Justice
• Grand Jury ‘Declines’ to Indict Anyone for Stabbing Death of David Josiah Lawson
• Arcata Police Say They Will ‘Work to Identify the Suspect who Murdered David Josiah Lawson’ After Grand Jury Declines to Indict Anyone
• APD Requests Public’s Help Identifying Potential Witnesses in Stabbing Death of David Josiah Lawson
• Zoellner’s DNA on Knife Used to Kill Her Son, Says Mother of David Josiah Lawson in Open Letter
• DA’s Office Responds to Letter From Mother of Slain HSU Student
• Charmaine Lawson, the Mother of Slain HSU Student, Gathers With Supporters on the Two Year Anniversary of His Death
• Who Killed Josiah? A Documentary About Humboldt County and Racism
• California Attorney General’s Office Declines to Take Up Case of David Josiah Lawson
• National Police Foundation Released its Independent Review of Josiah Lawson Case
• Three Years Ago Today–The Killing of David Josiah Lawson Changed This County
• David Josiah Lawson Oration Festival
• On 4th Anniversary of Fatal Stabbing, Arcata Police and Mother of David Josiah Lawson Release PSA Asking for Witnesses to Come Forward
• The City of Arcata and David Josiah Lawson’s Family Announce a Settlement
• Protestors Gather for the 51st Month Since the Stabbing Death of David Josiah Lawson
• A New Website and Billboard on 101: Mother Seeks Justice in Humboldt for the Fatal Stabbing of her Son, David Josiah Lawson
• Five Years After Unsolved Homicide Of David Josiah Lawson, A Family’s Continued Fight For Justice Faces Election Of A New Humboldt County District Attorney
• Lawson Homicide Cliffhanger: $750,000 Awarded Late Yesterday to Kyle Zoellner Could be Reversed
• Judge Finds Arcata Police Officer Had Reasonable Cause to Arrest Zoellner, Throws out Jury’s $776,300 Award
• Zoellner’s Motion for Sanctions Against City Of Arcata Denied in Josiah Lawson Homicide Case