Court to hear case on death penalty process – Source: News & Observer

RALEIGH — An administrative law judge was right to order North Carolina’s statewide elected officials to revise the protocol for the execution of prisoners on death row, according to lawyers who are preparing to make that case to the state Supreme Court on Monday. (Read more)

See related:

Death Penalty

Illinois Abolishes Death Penalty; 16th State to End Executions

In a ceremony behind closed doors today Democratic Gov. Pat Quinn signed a bill that will make Illinois the 16th state to abolish the death penalty. (Read more)

 

Texas man wrongly put away for 18 years denied compensation after legal glitch–Source: The Look Out

A courtroom technicality has cost a wrongly convicted Texas man the compensation that would otherwise be due him for the 18 years he’d served in Texas prison–14 of which he spent on Death Row.

Anthony Graves would have received $1.4 million in compensation if only the words "actual innocence" had been included in the judge’s order that secured Graves’s release from prison. (Read more)

Summary: Six Tasks Required by Revelations in The Swecker Report

Immediate Release

9 September 2010

Contact: Rev. Dr. William J. Barber, II, President, 919-394-8137

Mrs. Amina J. Turner, Executive Director, 919-682-4700

Atty. Al McSurely, Communications Chair, lawyers@mcsurely.com

OPEN LETTER TO THE GOVERNOR & OTHER NC LEADERS

Summary

Six Tasks Required by Revelations in The Swecker Report

A letter was released by the state NAACP and other religious leaders from across the state containing the following six points as a result of the release of the controversial and disturbing findings in The Swecker Report regarding the lab procedures and practices of State Bureau of Investigation (SBI):

1. Massive Public Education Campaign about the Findings of The Swecker Report

2. Comprehensive Independent Audit of All SBI Labs From 1976 to Now

3. Establish an Accredited, Independent Lab Staffed by Well-Trained Scientists

4. Public Records Request for Race and Socio-Economic Class Data of 269 Defendants

5. Commission of Restorative Justice for Exonerated Defendants

6. Repeal the Death Penalty in 2011 Legislature

The letter in its entirety follows.

NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE

NORTH CAROLINA STATE CONFERENCE

114 W. Parrish Street, Second Floor, Durham, North Carolina 27701

866-626-2227 919-682-4700 FAX 919-682-4711

www.naacpnc.org www.ncprosecutorialmisconduct.com www.hkonj.com

Rev. Dr. William J. Barber, II Amina J. Turner

President Executive Director

5 September 2010

Hon. Beverly Perdue, Governor of North Carolina

Hon. Roy Cooper, Attorney General of North Carolina

Hon. Sarah Parker, Chief Justice, N. C. Supreme Court

Hon. Marc Basnight, President Pro Tem, N.C. Senate

Hon. Joe Hackney, Speaker, N.C. House

Hon. Alma Adams, Chair, Black Legislative Caucus

RE: Six Tasks Required by Revelations in The Swecker Report

Dear Governor Perdue and Other Distinguished Leaders of North Carolina:

Two weeks ago Attorney General Cooper courageously published The Swecker Report, which detailed the policies and practices of perjury, deception and gross negligence in one of six labs in the State Bureau of Investigation. We invite each of you to join with us in immediately undertaking the first five tasks outlined here, to begin the process of healing the body politic which has been seriously injured by these revelations. And to help us plow the ground for a legislative end to the death penalty next year.

1. Massive Public Education Campaign about the Findings of The Swecker Report

http://media2.newsobserver.com/smedia/2010/08/18/13/SBIreview.source.prod_affiliate.156.pdf

The Swecker Report is already assigned reading in a law school course. We are distributing a summary of it as a study guide for over 100 Adult and College Branches, our 95 HKonJ Coalition Partners, and to our hundreds of clergy and people of faith that take seriously the scriptures of all faiths to do justice to and minister to the needs of the poor. The NAACP is dedicating a large section of its Annual Convention in Concord, October 7-9, 2010 to the Report, and what it requires of all good North Carolinians. Please join us.

This Report details only the tip of the iceberg. We believe that large, equally rotten revelations lurk beneath the surface that are capable of sinking the ship of state. The unwritten social contract that binds citizens and their government together has been stretched and nearly breached. Cynicism and distrust is loose in the land. Rumors based on misinformation spread daily. The facts – as painful as they are to face — must be publicized. The NAACP and its steadfast allies, African American churches and other people of faith who believe in justice, have a common purpose: to speak truth to those in power. The facts in this Report will shatter the blind faith so many people have in the justice system, however, so we cannot do this alone. We need your help. All government employees are sworn to uphold the North Carolina Constitution and they must be mobilized to join in this mass public education campaign.

2. Comprehensive Independent Audit of All SBI Labs From 1976 to Now

We were impressed with Attorney General Cooper’s initial act of contracting with an independent, competent investigating team and maintaining an arm’s length from it last March. Now, this independent and competent audit should be replicated by team charged with examining all six SBI labs for both policy and practice violations of any defendant’s rights from 1976 to present. Every person who served time in prison or on death row, whether they accepted a plea after being threatened with the use of problematic SBI lab evidence or whether they took a chance at a trial and listened to SBI sworn testimony that was not the "whole truth," has the right to know the truth about the evidence and testimony in his case. This independent audit should go a step further than the Swecker team’s initial sampling. Since it has already shown probable cause of many constitutional violations, the six-lab investigation should include a finding about the scope and nature of injuries to each individual’s rights caused by the "conviction at all costs" policies and practices of the SBI labs. All of our people, including our elected officials, judges, and prosecutors have a stake in a thorough, transparent and comprehensive study.

3. Establish an Accredited, Independent Lab Staffed by Well-Trained Scientists

We also have a stake in immediately severing the forensic laboratories from its current prosecutorial environs and mind-set. Forensic labs serve justice. They should be led and staffed by well-trained scientists who seek only the truth and maintain high ethical standards. The model of the Office of the Chief Medical Examiner in a university setting with a scientific, truth-seeking mind-set and atmosphere is worth examining.

4. Public Records Request for Race and Socio-Economic Class Data of 269 Defendants

The Swecker Report identified 230 cases with 269 defendants where gross negligence, misfeasance, and possibly malfeasance occurred. The constitutional rights to a fair trial of scores of defendants may have been violated. It appears there was a written and unwritten policy in the lab studied for state actors to intentionally mis-represent and withhold significant and exculpatory evidence both before and during the trials of these defendants. The percentages of African American, Latino, and other people of color who have been exonerated from death row (See Task 6) suggests that many, if not most, of the 269 people were African American and Latino, and that virtually all were poor. But there is no need to speculate. Facts are what are needed both for good governmental decisions and for countering unnecessary street paranoia. Therefore we respectfully request, pursuant to the Public Records Act, the Attorney General and the Department of Correction provide us with the racial identities of the 269 defendants involved in the 230 problematic cases listed in The Swecker Report. To determine the socio-economic status of the 269 defendants, please identify which defendants retained private defense counsel, and which qualified for public defender or court-appointed counsel.

5. Commission of Restorative Justice for Exonerated Defendants

Time and again when the North Carolina criminal justice system has been caught with its heavy hand tipping the scales of justice unfairly, and an African American defendant is freed from death row or prison, we watch with joy and despair as our brothers emerge into the larger society of rejection and discrimination. The Exonoree Roll is long and will now be longer. In the last few years we have watched James Johnson, Darryl Hunt, Terrance Garner, Floyd Brown, Bo Jones, Glen Chapman, Jon Hoffman, among others, trying to make this transition. They were all broke when they were released. They had spent an average of 10-15 years, usually during the prime earning period of their life, in prison. If they were on death row, they had no incentive to learn a trade! Most did not make it through high school. Most never received a dime for their time. None as far as we know ever received any kind of official apology or letter of reference from the State. Although a judge found them to have been wrongfully imprisoned and set them free, the elected leaders of North Carolina have never found it in their hearts to say, "I’m sorry." Have we lost all sense of mercy? Are we too afraid we will be sued if we admit to any errors?

We have been told that sometimes, as an exonoree walks out the prison gate, a guard will pat him on the back and say, "Take care, my brother. Good luck." Is this all the restorative justice the state can muster? What about the exonoree’s family, which has been torn apart by the headlines and trial that said their man was a murderer or a rapist or both? What about the victim’s family? What about helping him get a job? What about an explanation and letter of reference for prospective employers? Since there is no way to repay the years that have been stolen, there should be compensation for the personal and dignatory injuries inflicted by the state’s negligence. And where there is a clear case of prosecutorial misconduct, the perpetrator should be dealt with by the criminal justice system.

The NAACP and the people of faith who have signed this letter represent organizations and churches that have spent years trying to repair families and lives of people who have been imprisoned. We invite Governor Perdue to work with us in convening a comprehensive Commission on Restorative Justice for Exonerated Defendants (CORJED). The Commission can not only study the problems of re-entry and transition, and provide special support systems for the victim of the system, but it could also represent the leadership of the state that could promptly meet with the man emerging from prison to say, clearly and simply: "I am sorry." The Commission could interview all the exonorees, and find out how they have been making it on the outside. It will not be that difficult to know what restorative justice steps to take. The example set by members of the CORJED will help remind prosecutors and crime labs that, when you take a job with the state, you swear to uphold two constitutions that guarantee fair treatment in the criminal justice system. You become a "Minister of Justice" as the Ethics Rules for prosecutors so aptly states.

6. Repeal the Death Penalty in 2011 Legislature

In 1976, 34 years ago, states were allowed to re-institute the death penalty. In the 34 years since then, 138 men out of 1462 on our nation’s death rows have been exonerated or about one out of ten people. During these 34 years the 15 Southern States conducted executed 82.4% of the executions in the nation–1009 out of 1224. Over 62% of the exonerees (86) were from the South; over 60% (83) were either African American (71) or Latino (12).

North Carolina exonerated 7 and executed 43 people since 1977. The 7 exonerees included one White man, one Latino, and five African Americans. It is no accident, we believe, that 84% of the men who spent at least 10 years on death row each before they were freed when it was found they had been wrongly identified and other common errors of prosecution, were Black and Latino. In a recent six month period, our courts released three Black men off N.C.’s Death Row, with no apologies. Jonathon Hoffman served 12 years on death row before all charges against him were dismissed in December 2007; Glen Edward Chapman served 14 years on death row before being released in April 2008; and Levon "Bo" Jones, who served 15 years on death row, was released a month later in May 2008. The Swecker Report found three executed men had problematic SBI evidence used against them; five more who died in prison had problematic SBI evidence used against them; and a handful of men on death row today have problematic SBI evidence used in their cases.

We believe if a human being has the power to stop a killing, that person is morally obligated to do it. But the empirical evidence strengthens our moral resolve. In the Southern Culture, even in 2010, there are still a substantial number of White people who believe African Americans are less than human and that White lives are worth more than the lives of people of color. Study after study finds juries more likely to sentence a man to die when he is accused of killing a white person. Our culture, particularly in the south, has always placed a higher value on a white life than a black life. The NAACP, for 101 years, has fought against the "peculiar" form of southern justice for Black men when a white victim is involved. The U.S. Supreme Court said it well: "It remains an unfortunate fact in our society that violent crimes perpetrated against members of other racial or ethnic groups often raise a reasonable possibility that racial prejudice would influence the jury." Turner v. Murray, 476 U.S. 28 (1986)

Point Nine of the HKonJ People’s Agenda has never changed: Abolish Racially-Biased Death Penalty andre-allocate the millions the state spends trying to make the death penalty system "infallible." None of us are infallible-we are not God! Allocate the money to help victims and their families, to improve our mental health system; and to provide good jobs and education for our young people.

Sincerely,

Rev. Dr. William J. Barber, President, N.C. NAACP; Rev. Greg Moss, President, General Baptist Convention; The Right Rev. Michael B. Curry; Rev. George Reed, North Carolina Council of Churches; Bishop George W. C. Walker, Sr., Piedmont Episcopal District, The AME Zion Church; Rev. T. Anthony Spearman, Clinton Tabernacle AME Zion, Hickory, NC NAACP Religious Affairs Chair; Mr. Al McSurely, Esq., NC NAACP Communications Committee Chair, Mr. Irv Joyner, Esq., NC NAACP Legal Redress Committee Chair; Rev. Portia W. Rochelle, Word for Transformation Church, Raleigh, President, Raleigh-Apex NAACP Branch; Rev. Earl Johnson, Martin Street Baptist Church; Rev. Anthony J. Davis, AME Zion Church; Rev. Nelson Johnson, Beloved Community Church, Greensboro; Rev. John Mendez, Winston-Salem; and Rev. Thomas L. Walker, Ebenezer Baptist Church, former chair of NC MLK Commission, Rocky Mount.

Raleigh NC – Press conference to call on the North Carolina General Assembly to pass the NC Racial Justice Act without an amendment to restart executions.

FOR IMMEDIATE RELEASE
 
MEDIA ADVISORY
 
 
When: Thursday, May 21, 2009
            9:30am
 
Where: In front of the General Assembly, 16 W. Jones Street, Raleigh, NC
 
What:  The NC NAACP, The Historic Thousands on Jones Street Coalition (HKonJ) in conjunction with the North Carolina Coalition for a Moratorium (NCCM) will be holding a press conference to call on the North Carolina General Assembly to pass the NC Racial Justice Act without an amendment to restart executions.  
 
The Racial Justice Act would allow a defendant facing the death penalty to challenge his conviction or death sentence if he can show that it was based on inappropriate considerations of race. North Carolina courts are currently sorting out legal questions surrounding the resumption of executions.  An amendment to restart executions attached to a bill to reduce the risk of racial discrimination is highly inappropriate.

Who:  Historic Thousands on Jones Street Coalition (HKonJ) 
         North Carolina Coalition for a Moratorium (NCCM)
 
For further information contact:
 
Rev. Dr. William J. Barber II, President, NC National Association for the Advancement of Colored People, (919) 682-4700, naacpbarber@gmail.com
 
Jeremy Collins, Campaign Coordinator, North Carolina Coalition for a Moratorium, (919) 491-2917, jcollins@ncmoratorium.org
 
Charmaine Fuller, Executive Director, Carolina Justice Policy Center, (919) 943-5953, fuller@justicepolicycenter.org

Raleigh NC – State Senate takes up death penalty

So Sen. Swindell I do not think you should limit yourself to just your county since your vote will reflect what happens in other counties. You ought to be concerned about what is going on in all counties especially when you are aware of what has happened in the other counties. So Swindell what part of the following do you not understand? “The defendant could show racial disparities in that particular county, in that particular judicial district or in the state as a whole.”

I totally agree with Rep. Bryant that those who want to restart executions ought to sponsor their own bill and to do their own homework.

I understand Sen. Ed Jones Halifax County had voted in favor of this bill however he changed his vote. I also understand that Sen. Don Davis voted along with Swindell in favor of the bill. What a damn shame because obviously he is trying to play it safe. However I hope I will hear from him after he reads this because I will be forwarding this to him. C. Dancy II – DCN Publisher

A bill initially intended to protect racial minorities from discriminatory sentencing in capital cases also — to the disappointment of its original sponsors — might reactivate the death penalty in North Carolina.

In a major twist last week, the bill known as the Racial Justice Act was approved by the N.C. Senate, but not before Republican leaders added an amendment removing obstacles to carrying out executions. Because of pending litigation in the N.C. Supreme Court, a death-row prisoner hasn’t been executed in North Carolina since August 2006. (Rocky Mount Telegram)