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Text of Letter Confirming Prosecutor's Appointment

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ADMINISTRATIVE OFFICE OF THE COURTS
JUSTICE BUILDING
RALPH A. WALKER, DIRECTOR

DAVID F. HOKE ASSISTANT DIRECTOR

PO BOX 2448
RALEIGH, NC 27602

PHONE: (919) 733-7107 FAX: (919) 733-1845


PETER E. POWELL, DEPUTY DIRECTOR, LEGAL AND LEGISLATIVE SERVICES


October 12, 2007


Honorable Tom Keith
District Attorney
Forsyth County Hall of Justice
P.O. Box 20083
Winston-Salem, North Carolina 27120-0083


Dear Tom:

Pursuant to G. S. 7A-64 and due to a disqualifying conflict of interest,
District Attorney Howard Boney of the Seventh Prosecutorial District, has
requested assistance from out of district to review the evidence in a
controversial case involving charges of kidnapping, rape and non-capital
murder in Wilson, and to determine whether or not to prosecute or settle the
case, and, if so, upon what charges. The case is entitled:

State of NC vs. James Arthur Johnson, 04 CRS 53580-81

This will confirm and authorize arrangements in which you agreed to send
assistant district attorney Belinda Foster to handle the above-referenced
matters. We are aware of the heavy caseload in your office and the numerous
trial commitments facing Ms. Foster. Accordingly, this authorization is only
for the review process. It is understood by all parties that if a trial is
necessary, a new special out-of-district prosecutor will need to be appointed.
By copy of this letter, I am requesting that District Attorney Boney, and his
assistants, William Wolfe and Charles Thomas, provide you the necessary
information for you to proceed.

Thank you for your cooperation and assistance in this matter.

Very truly yours,



Peter E. Powell
Deputy Director for Legal Services & Programs

cc: Hon. Howard Boney, DA
Belinda Foster, ADA
William Wolfe, ADA
Charles Thomas, ADA
Hon. Ralph Walker, Director

David Hoke, Asst. Director

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