Federal Prosecutors said in a recent court filing that Rauscher (Royce Mitchell's Attorney) had been informed Adrian Powell's status as a 2nd Murder Suspect had no bearing on whether Mitchell (36), had sex with Tiffany (15).
Royce Mitchell (36), turned himself in to Police the day of Tiffany's killing and was arrested on Statutory Rape charges. Those were dropped when a paternity test showed he wasn't the baby's father.
Later a previously taped testimony recorded prior to Tiffany's death, was played in court of Tiffany (15) telling Charlotte-Mecklenburg Police Detectives she had sex with Mitchell, convincing the Federal Judge there was reason to believe Royce Mitchell (36), committed Statutory Rape which violated his Federal Probation and sent him back to prison for 30 months.
The video below shows Tiffany Wright's Grandmother Shirley Boston, speaking to New York Reporters about how her granddaughter's death could have been avoided.
Federal Judge Denies A Motion To Re-open Royce Mitchell Case
Royce Mitchell, sentenced last month to 2 1/2 years in prison after a judge ruled that he'd likely had sex with his 15-year-old adopted sister, lost a chance Tuesday to prove his innocence and win his freedom.
U.S. District Judge Bob Conrad denied a motion to re-open the case so Mitchell and his defense lawyers could present additional evidence.
Defense attorney Claire Rauscher had informed the judge that police considered 17-year-old Adrian Powell a suspect in the Sept. 14 murder of Tiffany Wright and that the former West Meck football player could be the father of her baby.
The defense lawyer argued that prosecutors had not disclosed that information to the defense, and that Mitchell's supervised release hearing should be reopened because of the newly discovered evidence.
But Conrad, in denying the defense request, said the additional information about police suspicion surrounding Powell is not material.
"Powell's potential paternity has no bearing on whether the defendant violated his supervised release terms by also having sex with Wright...," the judge wrote in his 8-page ruling. "Police suspicion of Powell's potential paternity or status as a murder suspect also fails to establish a reason to reopen the hearing."
Federal prosecutors had urged the judge not to reopen Mitchell's hearing. The purpose of last month's hearing was to determine whether or not Mitchell had sex with Tiffany, they argued, and the investigation of another suspect in Tiffany's murder, who may be the father of her baby, has no bearing on whether Mitchell had sex with the teenager.
Rauscher told the Observer that Mitchell would appeal the judge's Tuesday ruling and last month's sentencing.
Mitchell, 36, was charged with statutory rape and taking indecent liberties with Tiffany. He was arrested after the pregnant teenager was shot to death waiting for her school bus.
But prosecutors dismissed the charges in October after a DNA test showed that Mitchell was not the father of Tiffany's baby.
Even so, federal prosecutors moved to send Mitchell back to prison after he was accused of violating the terms of his 2007 release from federal prison. Mitchell had been sentenced in 2002 to five years and 10 months in prison after pleading guilty to his role in a drug trafficking conspiracy. He was placed on four years of supervision when he got out of prison.
During last month's two-day hearing, Conrad heard Tiffany's voice on a tape recording telling a Police Investigator that she'd had sex twice with Mitchell.
She said Mitchell had not forced or threatened her to have sex but had later pressured her to have an Abortion.
Powell testified that he'd had sex with Tiffany but couldn't be the baby's father because he wore a condom.
Mitchell vehemently denied the sex allegations. "I did not have sex with Tiffany ...," he told the judge before being sentenced. "This is definitely a nightmare for me and my family."
Police had called Mitchell a "person of interest" in Tiffany's slaying.
But last month, a state homicide prosecutor obtained a judge's order for Powell to provide a DNA sample to determine if he's the father of Tiffany's baby. The order says there are reasonable grounds to suspect that Powell committed the murder.
Powell had a sexual relationship with Tiffany and had deleted all telephone calls and text messages with the victim after being advised to do so by a Charlotte-Mecklenburg schoolteacher, a court document said.
Powell said that on the day of Tiffany's murder he was in class at 7:15 a.m., but CMS records and teacher interviews revealed that he was late to class, according to the court document. "The suspect withdrew from school and moved to Buffalo, N.Y., after initial contact with police," the document said.
2nd Murder Suspect A former W. Meck High School Student, But Has No Bearing On Royce Mitchell's Statutory Rape Crime
Charlotte-Mecklenburg County Court documents name a former West Meck football player as a new suspect in the killing of pregnant teen Tiffany Wright, an accusation his family vigorously denies.
Tiffany Wright, 15, was eight months' pregnant when she was shot and killed in September while waiting for her school bus. Her baby died soon after.
Investigators have said they were focused on Royce Mitchell, 36, Tiffany's adoptive brother. A judge ruled in November that he had sex with Tiffany, violating conditions of his 2007 release from prison and sending him back for 30 months.
But Mitchell's attorney Claire Rauscher now argues that Adrian Powell, 17, was also a suspect in the killing and that she wasn't told until after Mitchell's hearing.
Rauscher is requesting a new hearing for Mitchell, on the grounds that Powell's status in the investigation casts doubt on testimony from the first hearing.
Adrian Powell has not been arrested or charged with any crime.
Federal Prosecutors said in a court filing that Rauscher had been informed, and that Powell's status as a suspect has no bearing on whether Mitchell had sex with Tiffany.
Mitchell turned himself in to police the day of Tiffany's killing and was arrested on statutory rape charges. Those were dropped when a paternity test showed he wasn't the baby's father.
A tape of Tiffany telling a Charlotte-Mecklenburg police detective she had sex with Mitchell convinced the judge there was reason to believe Mitchell committed statutory rape and send him back to prison for 30 months.
At Mitchell's hearing, Powell testified that he had sex with Tiffany but that he couldn't be the baby's father because he wore a condom.
Powell's mother, Kathryn Powell, vehemently denied he had anything to do with the killing.
"He's an innocent kid who just happened to be in a relationship with her," Kathryn Powell said. "The next person (Tiffany) was with, will they pin it on him, too?"
Another teenager also testified at Mitchell's hearing that he had sex with Tiffany.
Tiffany had told some of her friends at Hawthorne High that her baby's father was a football player at West Meck. Powell is listed as a football player on a Web site for the squad.
A court order mandating that Powell give police a DNA sample sheds light on why investigators are looking at him.
The document, signed by a CMPD homicide detective, says Powell was late to school the morning Tiffany died. Investigators learned that he and Tiffany had slept together, and Powell consented to a DNA swab to see if he was the baby's father.
But he soon changed his mind. On the advice of one of his teachers, Powell deleted all of his text messages and phone records from Tiffany, according to the court order.
Police say he had changed her name in his phone to "Don't Answer." The document also says he had told Tiffany he wanted nothing to do with the baby or her.
Powell swiftly withdrew from West Meck and moved to Buffalo, N.Y., after the killing.
Kathryn Powell said Powell's father lives in Buffalo and he had planned to move there before Tiffany was killed.
When detectives found out he would be back to testify as a witness at Mitchell's parole hearing, they got the court order for his DNA.
Results from the paternity test haven't been released.
How Charlotte-Mecklenburg DSS System failed 15-year-old girl (Tiffany Wright) gunned down at a Charlotte, NC School bus stop
Tiffany Wright stood alone in the dark, waiting for her school bus.
It was just before 6 a.m., and her foster grandmother had walked back home to get Tiffany's water bottle.
Tiffany, 15, was eight months pregnant but determined to stay on track in school. She wanted to be a lawyer. And after just a few weeks at Hawthorne High, she had impressed teachers as smart and ambitious, despite a difficult childhood.
At 5:51, Tiffany sent a text.
"Wheres the bus?"
One stop away, replied her friend, already on the bus.
At 5:55, as the bus lumbered toward Tiffany's stop, people began calling police to report gunshots.
A school bus dispatcher radioed Tiffany's bus driver: Change course - something's happening ahead.
Tiffany lay dead in the road, shot in the head, that morning, Monday, Sept. 14. Her baby girl was delivered at the hospital and lived a week, but died Sunday.
Nobody's charged in the killings, but police call Tiffany's adoptive brother, Royce Mitchell, a "person of interest."
In the months before she died, local agencies took steps aimed at stabilizing her home life and keeping her safe. But her story exposes failures in the system that was supposed to protect her.
Among the missteps:
•In February, a Mecklenburg court clerk appointed Mitchell as Tiffany's temporary guardian — even though he was a felon who served time in federal prison. He was also tried in 2006 for murder, but found not guilty. And last year, he was accused of domestic violence, though the case was dismissed.
•In July, social workers told police that Mitchell, 36, might have committed statutory rape with Tiffany, but police didn't question him about it for seven weeks, and didn't charge him with the rape until after Tiffany was killed.
•This month, Mecklenburg social services failed to cut off communication between Tiffany, who was in foster care, and Mitchell, said a source close to the investigation.
On the day of Tiffany's killing, Charlotte-Mecklenburg police jailed Mitchell for statutory rape and indecent liberties with a child, naming Tiffany as the victim.
Police defend their work, saying they followed the industry's best practices - which takes time. Police didn't feel a need to rush, they say, because they believed Tiffany was secure, hidden in a foster home with no threat to her safety.
Police say it's hard to prove statutory rape: Of the 262 reports of statutory rape police received over three years, only 16 percent - 42 cases - were accepted by prosecutors.
Experts say statutory rape cases are complicated because they involve victims ages 13, 14 or 15 who often consider themselves voluntary participants in sex with someone at least six years older. So victims can be reluctant to help police.
But child advocates say in cases like Tiffany's, police should act more aggressively. An immediate arrest sends a signal to a suspect and can persuade them to stay away from victims.
"The cases may be difficult to win, but they're not difficult to charge," says Brett Loftis of Charlotte's Council for Children's Rights.
UNCC criminologist Paul Friday says: "Often, nothing is done in these kinds of cases because they're based on improper assumptions about the rationality of someone that age. But the minors are often unaware of disease, birth control and they can be exploited by someone."
Adopted by foster mother
Tiffany first entered the child welfare system as a toddler in Buffalo, N.Y., when her mother lost custody.
She was adopted at 4 by her foster mother, Alma Wright, an older woman with eight grown children, who was excited about raising another child.
One of Wright's grown sons was Royce Mitchell, a star quarterback in high school who'd gone on to play for a semi-pro team in Buffalo. But Mitchell also was indicted in 1999 as part of a drug trafficking ring and went to federal prison.
While he was in prison, authorities also charged Mitchell with an earlier murder, but a jury found him not guilty.
In 2004, Alma and Tiffany left Buffalo for North Carolina, settling near Kings Mountain. Tiffany made friends easily at school and church. She ran track at Bessemer City High School.
In 2007, Mitchell was released from prison and followed his mother to North Carolina.
But last fall, Alma Wright got sick. Friends at church helped out with Tiffany, inviting her for dinners and weekends. Tiffany spent time with Mitchell and his wife, too.
Alma Wright died Jan. 25, and Tiffany moved in with the Mitchells in Charlotte.
On Jan. 30, Royce Mitchell asked a Mecklenburg court to appoint him and his wife as Tiffany's guardians.
On his application, he wrote: "We are seeking guardianship because we were requested to do so by Mrs. Alma Wright before she died."
He wanted to transfer Tiffany to West Mecklenburg High School.
The court set a hearing for Feb. 5 and appointed a child advocate to study the situation and look after Tiffany's best interests in court.
There's no transcript of what happened in court, and the clerk who handled Tiffany's case declined to discuss his decision.
Frederick Benson, a Mecklenburg assistant clerk of superior court, appointed Mitchell the temporary guardian of Tiffany's welfare.
It's unclear if Benson, a lawyer, knew about Mitchell's criminal background. Court clerks are not required to perform background checks in guardianship cases, says Clerk of Superior Court Martha Curran. It's up to each clerk to decide what checks are necessary, and they often rely on court-appointed child advocates to advise them in such cases.
Tiffany's advocate, lawyer Martha Efird, declined to discuss her actions in the case.
It was in the weeks surrounding the Feb. 5 court hearing that Tiffany got pregnant, if hospital estimates are accurate.
But friends say Tiffany, who started at West Mecklenburg High in February, wouldn't realize for four or five months that she was pregnant.
On Feb. 27, clerk of court Benson ordered DSS to conduct a "home study" of the Mitchell household. Officials won't release their findings.
But Mitchell didn't keep custody long, according to several of Tiffany's friends in King's Mountain.
In late March, Mitchell left Tiffany at a group home called With Friends in Gastonia, according to Marlene Jefferies and Cruceta Jeffeirs, two adult family friends who watched Tiffany grow up.
The group home wouldn't confirm that. But the friends say the home reported to social services that Tiffany was abandoned. And she was soon back in foster care.
On March 31, Jeffeirs, a Shelby pastor, wrote a letter to Benson seeking custody of Tiffany: "My desire is to see Tiffany accomplish all the goals that she has set for herself and I believe she can do that in a stable environment with lots of guidance and love."
DSS officials in Gaston and Mecklenburg won't discuss Tiffany's case or answer questions about what steps they took to protect her.
But friends and family say Tiffany was eventually placed in the care of foster parent Susan Barber, in a townhome off Mallard Creek Road in Derita.
By July, it was clear Tiffany was pregnant, friends say.
Barber tried to shield Tiffany from talking to those she believed might be bad influences, according to Tiffany's cousin Brittany Page. But a source close to the investigation said Tiffany and Mitchell continued communicating.
Despite repeated attempts, Barber could not be reached.
As the school year approached, Tiffany prepared to change schools again, this time to Hawthorne High in Charlotte, which offers a special program for pregnant students.
Delayed Investigation
On July 27, social workers reported to police that Royce Mitchell might have committed statutory rape with Tiffany.
It took eight days for a detective to look at the case, and three days more for it to be officially assigned to Teresa Johnson, a detective with CMPD's youth crime and domestic violence unit.
Another 12 days passed before Johnson interviewed Tiffany.
It's unclear when detective Johnson discovered Mitchell's background, but it wasn't enough to ramp up the investigation. Investigators say they believed Tiffany was safe in a foster home and faced no threats from Mitchell.
Police say their performance in the case followed procedure and met standards.
Police interview alleged victims immediately if the crime has occurred within the previous 72 hours, so they can gather evidence that may remain. But in cases like Tiffany's - where months had elapsed since the alleged offense - police try to arrange just one interview when children and teen victims of abuse are involved.
Police acknowledge that strategy takes time but minimizes trauma and reduces the chances that young victims might be led into inaccurate testimony by repeated questioning.
Police also let such victims decide when they want to be interviewed at the county's child-victim center called Pat's Place. There, specially trained interviewers talk to victims, while social workers, psychologists, police and others watch from another room.
Tiffany chose an Aug. 19 interview. She didn't say much during the formal interview. But later that day, Johnson won her trust and obtained enough information to move forward with the investigation.
No response from Royce Mitchell
The next day, Aug. 20, the detective made her first call to Mitchell to ask him about the charge, she says. Johnson left a message and gave him a few days to call back.
When Mitchell didn't respond, she made calls over the next two weeks to social workers and a federal probation officer to ask Mitchell to come talk to police.
Police say they didn't immediately arrest him because they believed they could get better information if he talked voluntarily.
On Sept. 9, a federal probation official told Johnson that Mitchell was not coming in.
On Sept. 10, a team of social workers, police and other agencies held a standard follow-up meeting to discuss how to proceed in Tiffany's case.
On Friday, Sept. 11, detective Johnson phoned Mitchell's wife and left a message. She asked her to call back to discuss Tiffany, Johnson says, but didn't give details of the rape allegation.
That Monday, Tiffany was shot and killed.
As emergency vehicles rolled to the scene, Tiffany's school bus was diverted from its normal route. But the students could see flashing lights. Tiffany's friends on the bus, Cimone Black and Tamia Corpening, began to worry.
"I kept texting her phone...," Cimone said. Then she started calling, but all she got was voice mail.
The bus continued on to Hawthorne. For Tamia, the hourlong ride was excruciating.
Nobody said a word.
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Sources: WIVB, McClatchy Newspapers, Charlotte Observer, Google Maps
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