FILE- In this Friday, Aug. 20, 2010, file photo, Daniel Green, who is serving a life sentence for the July 1993 death of former NBA basketball star Michael Jordan’s father James Jordan, listens to questions during an interview at the Harnett County Correctional Institute in Lillington, N.C. (AP Photo/Sara D. Davis, File)

Man convicted of killing Michael Jordan’s dad says trial was unfair

A North Carolina judge is scheduled to hear arguments Dec. 5, the judge will decide whether the arguments warrant an evidentiary hearing that could lead to a new trial for Green.

One of the men convicted of murdering Michael Jordan’s father in 1993 argued Wednesday that alibi witnesses and evidence of his innocence weren’t given a close enough look during his trial, violating his constitutional rights.

A defence attorney for Daniel Green urged a North Carolina judge during oral arguments to allow a wider-ranging evidentiary hearing that could lead to a new trial. Green admits that he helped dump James Jordan’s body but maintains he wasn’t present when Jordan was fatally shot in the chest. Green’s conviction for first-degree murder has previously been upheld by two state courts.

Superior Court Judge Winston Gilchrist said he would rule at a later date on whether to allow Green’s latest effort to proceed or deny it.

Defence attorney Chris Mumma argued Green’s right to a fair trial was violated by ineffective counsel who failed to adequately explore ballistics evidence that cast doubt on Green’s role or to call testimony by several witnesses who say Green was at a house party when Jordan was killed. She also questioned testimony by a state agent who tested for blood on Jordan’s car seats, and she pointed to discrepancies in descriptions of a bullet hole in Jordan’s shirt.

“Daniel Green is innocent in the killing of James Jordan. He was not there,” she told the judge.

The violent death shocked fans of James Jordan’s world-famous son Michael, who at that point had led the Chicago Bulls to the first three of his six NBA titles. Michael Jordan now owns the NBA’s Charlotte Hornets. A representative for Jordan didn’t immediately respond to an email seeking comment.

Mumma also argued Wednesday that the case against Green hinged on testimony from the other man convicted of the killing, Green’s childhood friend Larry Demery, who is also currently serving a life sentence. Mumma said Demery changed his story multiple times and had incentive to lie in hopes of co-operating with prosecutors and avoiding the death penalty.

“The truth has never been heard in this case, and there can be no justice without truth,” said Mumma, who leads the non-profit North Carolina Center on Actual Innocence and became involved in the case in recent years.

But prosecutors from the state attorney general’s office countered that Green, now 44, also changed his story during the investigation and that his trial attorneys did call several alibi witnesses. They disagreed with the ineffective counsel claim, noting that Green’s then-defence attorneys also consulted with a firearms expert. They said evidence supported Demery’s testimony and Green’s trial attorneys had ample chance to cross-examine him about his motives.

Prosecutor Danielle Elder said there was “overwhelming evidence” that Green killed Jordan as part of a series of crimes that included two other armed robberies, to which Green later pleaded no contest.

Green, who wore a brown buttoned shirt and white pants in court, listened quietly and said nothing other than an occasional whispered comment to defence attorneys.

The judge said he would reread the hundreds of pages of motions and supporting documents before issuing a ruling.

“I have a large stack of paper from both sides,” Gilchrist said.

During trial, prosecutors used testimony from Demery to identify Green as the triggerman in a deadly robbery of James Jordan early on the morning of July 23, 1993. Jordan’s body was found 11 days later in a South Carolina swamp and identified with dental records.

Green, who was 18 when Jordan was killed, has said he and Demery were both at a cookout when his friend left to meet someone for a drug deal. Green says he stayed at the party because he was flirting with a woman there. Demery returned hours later, Green said, appearing shaken and asking him to help dispose of Jordan’s body in the swamp. Green has said Demery told him he mistook James Jordan for a drug connection and shot him after an altercation.

Attorney Hugh Rogers, who represented Demery, told the AP recently that the case pits the men’s accounts against each other but ultimately more evidence corroborated his client’s version.

Prosecutors have maintained that James Jordan was killed as he slept in his parked Lexus along a highway after being targeted for robbery. At Wednesday’s hearing, they once again pointed to a video in which Green rapped while wearing an NBA All-Star ring and gold watch that Michael Jordan gave his father. Green says he got the jewelry from the car console days after the killing.

Read more: LA-Bron: James agrees to 4-year contract with Lakers

Read more: Nike’s Kaepernick campaign signals change in shoe politics

___

Jonathan Drew, The Associated Press

Like us on Facebook and follow us on Twitter.

Just Posted

SidFest 7 ready to rock the Mary Winspear Centre

The Bankes Brothers and Madrona Drive headlining May 24 concert

Mad Hatter’s Ball offers laughs in support of Boys and Girls Club

Annual fundraising event features improv performances at McPherson Playhouse May 24

Penelakut filmmaker Steve Sxwithul’txw finds success in film and TV

Cop-turned-storyteller reaches back to his past for Tribal Police Files

Choir offers a capella take on Beatles hits

Soundings will perform concerts in Oak Bay and Sidney May 24 and 25

VIDEO: Horseshoe pitching association appeals to Greater Victora youngsters

Youth horseshoe pitching club offers fun for all ages, says GVHPA

Update: Mother dead, child in critical condition after carbon monoxide poisoning at Shuswap campground

The woman was found unresponsive insider her tent and the youth was taken via air ambulance to hospital

Canada’s parole officers say correctional system has reached breaking point

About half of Canada’s federal parole officers work inside penitentiaries and correctional institutions

Montreal researchers create audible hockey puck for visually impaired players

Three years ago, Gilles Ouellet came up with the idea for a puck that makes a continuous sound

Vancouver Island MusicFest: ‘House bands’ from the golden age of rock and R&B

Some of America’s greatest session musicians are coming to the Comox Valley this summer

Former B.C. Greyhound bus drivers head to Penticton for goodbye party

Big bash runs until Sunday, funded by drink cans left behind on busses over the years

Boy, 12, arrested after allegedly pulling a knife on another child at a Surrey park

The child was later released into his parents’ custody as Surrey RCMP continue their investigation

Full-scale search underway for missing kayaker on Okanagan Lake

Kelowna Paddle Centre member Zygmunt Janiewicz, 71, failed to return from his ‘daily kayak’ on the lake

Bucks hammer Raptors 125-103 to take 2-0 playoff series lead

Toronto heads home in a hole after second loss to Milwaukee

Most Read