Criminal law experts have called into question the circumstances surrounding the case of former UNC professor Julius Nyang’oro and the charges against him, which Orange-Chatham District Attorney Jim Woodall said might be dropped.
Woodall said he is seriously considering dropping Nyang’oro’s felony charge of obtaining property under false pretenses because Nyang’oro has been cooperative with the investigation of the formerly-named Department of African and Afro-American Studies.
“I hope to have a decision in the next couple of weeks,” Woodall said June 24.
Nyang’oro, former chairman of the department, was indicted by a grand jury in December after accepting $12,000 from the University as special payment for a summer class that never met and only enrolled UNC athletes.
Kenneth Wainstein, a former federal prosecutor, was retained by the University in February and is leading the investigation of the department.
If charges are dropped, UNC officials will not be required to testify in a criminal trial about what they knew of the department’s activities.
Chapel Hill-based attorney Kellie Mannette said it would be uncommon for charges to be dropped solely based on Nyang’oro’s cooperation.
“It’s never just one thing,” she said. “A prosecutor's decision on how to proceed is going to combine a lot of different factors, from amount of evidence to amount of cooperation, as well as information about the defendant that may be compelling as to why he did this.”
Mannette said a defendant’s prior criminal record and history of good works could also play a role.