LEE COUNTY, NC (WECT) - The fight to get a new trial continues for the man in prison for killing Michael Jordan’s father.
Daniel Green, 43, went in front of a judge Wednesday with his attorneys from the North Carolina Center on Actual Innocence.
Judge C. Winston Gilchrist presided over the hearing. He will determine if an evidentiary hearing will happen next.
Chris Mumma, Green’s attorney, argued Green did not pull the trigger in the murder of James Jordan, who was killed in Robeson County on July 23, 1993. His body was found in a swamp in South Carolina several days later.
She said his constitutional rights were violated and his previous legal team failed him in his first trial, his post-conviction and his appellate case.
Green admits he helped his close friend, Larry Demery, cover up the killing. They drove around in Jordan’s red Lexus for days after the crime. The Cumberland County Sheriff’s Department found it a wooded area two weeks after the killing.
Calls made from the car phone in the Lexus ultimately led authorities to Demery and Green.
Demery agreed to testify against Green and was the star witness against him at his trial.
Green, who has been in prison for 22 years, now has a goatee that is graying. He walked into the courtroom in shackles. Mumma asked for his writing hand to be freed so he could take notes during the hearing.
“I would love nothing more than to raise money to put him through law school,” Mumma said of her client.
One of Mumma’s arguments was that the state withheld evidence from Green’s attorneys including an SBI interview with a drug dealer Demery called from Jordan’s phone shortly after the murder. That drug dealer, Hubert Larry Deese, was the son of then Robeson County Sheriff Hubert Stone. Mumma says that information was never shared with Green’s attorneys, which she argued was a violation of Green’s rights.
Mumma lays out more of the reasons why she believes Green didn’t get a fair shake here.
“He didn’t do it,” Mumma said after the hearing. “He wasn’t there. He doesn’t know what happened. He is completely innocent of the charges he was convicted of. He has admitted and taken responsibility for the things he did do and if he served time for those things he would have been out 15 years ago.”
Green's sister, Eboni Lewis, and her three children were in the courtroom to support him.
“He’s an excellent uncle and I love him,” she said. “I am proud of him for him standing up for himself. I do realize a lot of people do not feel the same but I know that he is innocent.”
She named one of her children after his uncle. Her son held a bible with their shared name on it as he was in the courtroom watching the arguments in the case.
“(Green) stays encouraged and motivated that the right thing will be done,” Lewis said. “My sincere regret is that it has taken so long. This is a fight that has been going on so long. I pray Daniel will come home soon where he belongs.”
Attorneys Jonathan Babb and Danielle Elder argued on behalf of the Office of the Attorney General.
Elder said in court there is “no probability of a different outcome” for Green because evidence presented is not new and not relevant.
Both attorneys left the courthouse without conducting interviews with the media.
The judge did not indicate when he will make a ruling on today’s arguments.