North Carolina

North Carolina

DPIC RESOURCES: New State Pages Now Available

DPIC is pleased to announce the completion of our State Information Pages for all 50 states and the District of Columbia.  These state profiles provide historical and current information on the death penalty for each state, including famous cases, past legislative actions, and links to key organizations and state officials.  For frequently updated information, such as execution totals, the size of death row, or the number of exonerations, see our State-by-State Database.  Readers are encouraged to send additional information, pictures, and links to organizations in their state.  You can reach the State Information Pages through the "State by State" button at the top of every page on our website or under the "Resources" tab in our main menu.

INNOCENCE: North Carolina Exonerates Two Men Who Faced Possible Death Sentences

On September 22, Kenneth Kagonyera and Robert Wilcoxson (pictured l. to r.) were exonerated of murder and freed from prison in North Carolina after a special commission ruled they were innocent.  The two men spent a decade in prison after pleading guilty to second-degree murder.  They have consistently maintained their innocence, claiming that they only pled guilty because they were threatened with the death penalty and feared execution.  The exonerations came after a 3-judge panel of the North Carolina Innocence Inquiry Commission found sufficient evidence pointing to the men's innocence, including a confession from another man and DNA testing that implicated other suspects.  Ken Rose, an attorney with the Durham-based Center for Death Penalty Litigation, said, "Along with executing an innocent person, coercing a guilty plea with the threat of lethal injection underscores the terrific risk associated with having a death penalty.... This case highlights the substantial threat that the use of the death penalty poses to innocent persons.  In North Carolina in just the last several years, three innocent men - Edward Chapman, Levon Jones and Jonathon Hoffman - were exonerated from death row."

MENTAL ILLNESS: North Carolina Man Guilty of Shooting Spree at Nursing Home Avoids Death Penalty

Despite being found guilty of eight murders of mostly elderly people and the prosecution seeking the death penalty, a North Carolina jury recently convicted Robert Stewart of second degree murder, thereby avoiding the possibility of a death sentence.  On September 5, he was sentenced to prison for over 100 years.  Stewart had gone on a shooting spree at a Carthage nursing home in 2009, apparently under the influence of alcohol and prescription drugs.  Although none of the jurors disclosed their rationale for opting for second-degree instead of first-degree murder, both diminished mental capacity and voluntary intoxication were offered as rationales by the Stewart's defense team.  The prosecutor, Peter Strickland, said the families are “getting solace in the fact that he was sentenced to more than 131 years."

NEW RESOURCES: Five New States Added to State Information Pages

DPIC is pleased to announce the addition of five more states to one of our latest resources, the State Information Pages.  Adding to the original 15 state pages made available earlier, pages for Alaska, Kansas, North Carolina, South Carolina, and Wisconsin may now be accessed as well. These pages provide historical and current information on the death penalty for each state (regardless of whether it currently has the death penalty), including famous cases, past legislative actions, and important links to key organizations.  For frequently-updated information, such as execution totals, the size of death row, and murder rates, see our state-by-state database. More pages will be made available soon.  You can reach the State Information Pages through the "State by State" button at the top of every page on our website or under the "Resources" tab in our main menu.

North Carolina Court to Hear First Challenge under State's Racial Justice Act

Marcus Robinson will be the first North Carolina death row inmate to have a sentencing challenge heard in court based on the state's 2009 Racial Justice Act.  According to the act, a death row inmate who can establish through statistical studies that his sentence was racially discriminatory can seek to have it commuted to life in prison.  Robinson's lawyers plan to argue that he received a death sentence partly because he is black and his victim was white  They plan to cite several North Carolina studies, including one that found that a defendant who killed a white victim was 2.6 times more likely to be sentenced to death than if there were no white victims in the crime.  His lawyers will also cite statistics showing that prosecutors in the state reject minorities for capital juries at twice the rate they reject whites.  In Robinson's case, the prosecutors rejected half the potential jurors who were black but only 15 percent of potential jurors who were other races.  His sentencing jury was comprised of nine whites, one American Indian and two blacks, plus two white alternates. The Racial Justice Act was challenged in the state's prior legislative session, but it was upheld.

Two Cases of Probable Innocence Illustrate Need for Better System of Review

Attorneys for a murder defendant who may be innocent have called for reforms in the system of federal review, and particularly to the "accumulated barriers to habeas corpus review of claims of factual innocence."  Barry Scheck of the Innocence Project, along with attorneys for Dr. Jeffrey R. MacDonald in North Carolina, pointed to the mounting evidence of MacDonald's possible innocence that was dismissed by the federal courts until DNA evidence finally became available:  "MacDonald's various legal teams filed successive habeas petitions over the decades. All of these petitions were denied by the federal district court in North Carolina and by the 4th Circuit, in large measure because each new discovery was viewed, and analyzed, in isolation.... When the DNA test results were finally available, the 4th Circuit, in an abrupt turnaround, derided the piecemeal approach previously taken to one evidentiary discovery after another and instructed the district court this time to review 'the evidence as a whole' and apply 'a fresh analysis.'"

NEW VOICES: Law Enforcement Officials Say Death Penalty Does Not Make Them Safer

A recent article by Terrence P. Dwyer (pictured), retired New York State Police Investigator, and George F. Kain, a police commissioner in Ridgefield, Connecticut, dismissed the notion that the death penalty is needed to protect law enforcement officers. Dwyer and Kain wrote that a majority of police chiefs believe that the death penalty does not deter violent crime and rank the death penalty last in a list of effective tools for fighting crime. "In states like New York, which abolished its death penalty in 2004, or North Carolina, where there has been a de facto moratorium since 2006, the numbers indicate no statistical increase in police officer homicides after the death penalty was repealed or rendered moot through moratorium," the authors wrote.  They also encouraged lawmakers to weigh the substantial costs of the death penalty in their decision-making. They stated, "The Connecticut death penalty costs $4 million annually, according to a 2009 estimate by the General Assembly's non-partisan Office of Fiscal Analysis. While capital cases in Connecticut account for just .06 % of cases in the Public Defender's office, the cost to defend these cases was nearly $3.5 million, over 7 % of the office's entire budget."

STUDIES: New Report Cites Multiple Problems with North Carolina's Death Penalty

According to a comprehensive review of studies on the death penalty by Matthew Robinson, Professor of Government and Justice Studies at Appalachian State University, the death penalty in North Carolina is expensive, racially biased and ineffective.  Prof. Robinson analyzed data from more than 20 death penalty studies and found them to be remarkably consistent in their conclusions.  He said, "In the past six years, three states have abolished the death penalty: Illinois, New Mexico and New Jersey.  They did it for the same reason. They found racial bias, they found it to be costly, they found it to be ineffective and a threat to innocent people."  According to Robinson's review, use of the death penalty in North Carolina has been in decline since 2000.  The state has not had an execution since 2006.  He found no evidence that the death penalty deters crime, noting that the state's murder rate has declined since executions stopped in 2006.  He also found evidence of racial bias in the state's death penalty system.  Nearly 80% of death sentences imposed in North Carolina have been in cases where the victim was white, far higher than the percentage of whites who are generally victims of murder.

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