DURHAM -- As a Wilson man continues to wait for a special prosecutor to decide whether he will stand trial for murder, members of the NAACP speak out against the independent investigation process.

Just over three months ago, the Administrative Office of the Courts appointed a special prosecutor to investigate the murder case against James Johnson. He's charged with the 2004 rape and murder of Brittany Willis.

Members of the NAACP are worried the court system is not offering blind justice in Johnson’s case.

“It scares me because I know that there are people that operate these systems that don't play by the rules,” said the Rev. Dr. William Barber, president of the N.C. Chapter of the NAACP.

In September, Johnson was released from jail on reduced bond after spending more than three years behind bars waiting for trial. Another man, Kenneth Meeks, confessed to the crime.

He originally told investigators Johnson was involved, but he has since maintained he acted alone and that Johnson is innocent. That led the courts to turn the case over to a special prosecutor.

But members of the NAACP say the independent investigation isn't being done fairly. The group complains the courts were supposed to appoint two prosecutors, but only appointed one: Forsyth County Assistant District Attorney Belinda Foster.

The NAACP also worries Foster's boss, Tom Keith, the district attorney in Forsyth County, is assisting with the investigation. Keith also played a key role in the wrongful prosecution and conviction of Darryl Hunt, a Winston-Salem man who spent nearly 20 years in jail before DNA evidence cleared him.

Another complaint from the NAACP is that the detective who originally investigated the case is also involved in the special investigation.

“Would you want your child, if they were going through this, to be re-interrogated by persons who made the mistakes in the first place,” asked Barber.

No one from the Administrative Office of the Courts would talk on camera, but a spokesman said by phone they have full confidence in Foster to make a well educated decision about whether or not to take this case to court.

The spokesman said the court system never promised two prosecutors and that it is OK for Foster's boss to assist with the investigation. They also say it was a smart decision to have the original investigator, who's already familiar with the case, help re-interview witnesses.

The spokesman added that the special investigation does not have to be done in a way Johnson or his supporters believes is fair. Johnson will have a chance to present his side of the case if or when it goes to court.