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| North Carolina judge reduces three death sentences over racial bias | North Carolina judge reduces three death sentences over racial bias |
| (21 days later) | |
| A judge in North Carolina has commuted the death sentences of three convicted killers having heard evidence that prosecutors in their original trials had consciously prevented black people from sitting on the juries. | A judge in North Carolina has commuted the death sentences of three convicted killers having heard evidence that prosecutors in their original trials had consciously prevented black people from sitting on the juries. |
| Judge Gregory Weeks, who sits on the superior court of Cumberland County around Fayetteville, delivered a withering ruling in which he was scathing of a prosecutorial system that he said displayed "racial consciousness and race-based decision making". | Judge Gregory Weeks, who sits on the superior court of Cumberland County around Fayetteville, delivered a withering ruling in which he was scathing of a prosecutorial system that he said displayed "racial consciousness and race-based decision making". |
| The judge commuted the three prisoners' sentences to life imprisonment without parole, having been convinced by "powerful and persuasive evidence" that the state had distorted the composition of juries to render them overwhelmingly white. | The judge commuted the three prisoners' sentences to life imprisonment without parole, having been convinced by "powerful and persuasive evidence" that the state had distorted the composition of juries to render them overwhelmingly white. |
| "The court finds no joy in these conclusions. Indeed, the court cannot overstate the gravity and somber nature of its findings. Nor can the court overstate the harm to African American citizens and to the integrity of the justice system that results from racially discriminatory jury selection practices," Weeks said. | "The court finds no joy in these conclusions. Indeed, the court cannot overstate the gravity and somber nature of its findings. Nor can the court overstate the harm to African American citizens and to the integrity of the justice system that results from racially discriminatory jury selection practices," Weeks said. |
| His ruling to commute the sentences of Christina Walters, Tilmon Golphin and Quintel Augustine was issued on Thursday amid dramatic court scenes. The courtroom was packed with relatives of the prisoners' victims, who included a police officer killed by Augustine in 2001, and a highway patrol trooper and sheriff's deputy killed by Golphin in 1997. | His ruling to commute the sentences of Christina Walters, Tilmon Golphin and Quintel Augustine was issued on Thursday amid dramatic court scenes. The courtroom was packed with relatives of the prisoners' victims, who included a police officer killed by Augustine in 2001, and a highway patrol trooper and sheriff's deputy killed by Golphin in 1997. |
| As Weeks read out his judgment, Al Lowry, brother of the killed highway patrol officer Ed Lowry, shouted out: "Judge, you had your mind made up the first day." | As Weeks read out his judgment, Al Lowry, brother of the killed highway patrol officer Ed Lowry, shouted out: "Judge, you had your mind made up the first day." |
| The court was also full of police officers who staged a walkout as Weeks was handing down his ruling. | The court was also full of police officers who staged a walkout as Weeks was handing down his ruling. |
| The commutations were made under the Racial Justice Act, a law introduced by the then Democrat-controlled North Carolina state legislature in 2009. It allows death row inmates to challenge their death sentences if they can prove that racial bias played an influential factor on them being put on death row. | The commutations were made under the Racial Justice Act, a law introduced by the then Democrat-controlled North Carolina state legislature in 2009. It allows death row inmates to challenge their death sentences if they can prove that racial bias played an influential factor on them being put on death row. |
| This year the now Republican-controlled assembly whittled down the law, but it remains on the books in a more limited form. | This year the now Republican-controlled assembly whittled down the law, but it remains on the books in a more limited form. |
| The introduction of the law has opened a window onto previously hidden evidence of widespread, almost systemic abuse of the jury-selection process to prevent black people sitting in judgment on their peers. A study by Michigan state university into North Carolina's jury selection process found that discrimination was rampant right across the state, with twice as many black people excluded from service in death penalty cases as other groups. | The introduction of the law has opened a window onto previously hidden evidence of widespread, almost systemic abuse of the jury-selection process to prevent black people sitting in judgment on their peers. A study by Michigan state university into North Carolina's jury selection process found that discrimination was rampant right across the state, with twice as many black people excluded from service in death penalty cases as other groups. |
| The first death row inmate to have his sentence commuted under the Racial Justice Act was Marcus Robinson in April. The MSU study found that in Robinson's case the discrimination was even more blatant, with some 50% of potential black jurors being rejected from jury service compared with just 14% of other ethnic groups. | The first death row inmate to have his sentence commuted under the Racial Justice Act was Marcus Robinson in April. The MSU study found that in Robinson's case the discrimination was even more blatant, with some 50% of potential black jurors being rejected from jury service compared with just 14% of other ethnic groups. |
| The court heard that African Americans had been struck from the jury in the Robinson trial because they belonged to the civil rights group NAACP, or because they had studied at an historically black university. One potential juror was turned away because he had served in the US army, another because he answered a question with the reply: "Yeah". | The court heard that African Americans had been struck from the jury in the Robinson trial because they belonged to the civil rights group NAACP, or because they had studied at an historically black university. One potential juror was turned away because he had served in the US army, another because he answered a question with the reply: "Yeah". |
| Weeks, who also presided over the commutation of Robinson's sentence, said on that occasion that "discrimination in jury selection frustrates the commitment of African Americans to full participation in civil life. One of the stereotypes particularly offensive to African American citizens is that they are not interested in seeing criminals brought to justice." | Weeks, who also presided over the commutation of Robinson's sentence, said on that occasion that "discrimination in jury selection frustrates the commitment of African Americans to full participation in civil life. One of the stereotypes particularly offensive to African American citizens is that they are not interested in seeing criminals brought to justice." |
| Under the restrictions to the Racial Justice Act introduced by the now Republican-held legislature, death row inmates must now provide more than mere statistical evidence that discrimination took place. In the three new cases, the court was presented with the hand-written notes of prosecutors at the time of the original trials that suggested a conscious intention to make the juries as white as possible. | Under the restrictions to the Racial Justice Act introduced by the now Republican-held legislature, death row inmates must now provide more than mere statistical evidence that discrimination took place. In the three new cases, the court was presented with the hand-written notes of prosecutors at the time of the original trials that suggested a conscious intention to make the juries as white as possible. |
| The court heard that a body of North Carolina district attorneys had even held training sessions for prosecutors in capital cases on how to exclude black people from juries without falling foul of the law. | The court heard that a body of North Carolina district attorneys had even held training sessions for prosecutors in capital cases on how to exclude black people from juries without falling foul of the law. |
| Cassandra Stubbs, a senior lawyer with the American Civil Liberties Union, said the latest rulings had sent a clear message that racial bias had no place in death penalty cases. "Whether we look at the big picture of the statistical evidence or the close up evidence from the prosecutors' notes, there was overwhelming proof of discrimination," she said. | Cassandra Stubbs, a senior lawyer with the American Civil Liberties Union, said the latest rulings had sent a clear message that racial bias had no place in death penalty cases. "Whether we look at the big picture of the statistical evidence or the close up evidence from the prosecutors' notes, there was overwhelming proof of discrimination," she said. |
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