Frank Chambers and attorney Gretchen Engel after his resentencing.
Picture courtesy of the Center for Death Penalty Litigation
On August 11, 2026, former North Carolina death-sentenced prisoner Frank Chambers, a Black man, was resentenced to two consecutive life sentences in connection with the 1992 shooting deaths of an elderly white couple in Rowan County. Evidence of significant misconduct emerged in Mr. Chambers’ case, and prosecutors ultimately conceded that this evidence tainted the fairness of Mr. Chambers’ death sentence and led to his resentencing. According to his counsel, Mr. Chambers’ trial was also infected with racism. During jury selection, prosecutors excluded several potential Black jurors from the jury, and their voir dire notes indicate that race was considered in these removals — a direct violation of U.S. Supreme Court precedent established in Batson v. Kentucky (1986).
It was discovered by appellate counsel that one of Mr. Chambers’ jurors, during trial, discussed the case with her pastor and relied on his advice to convince other jurors to vote to sentence Mr. Chambers to death. Jurors are not permitted to consider any evidence outside of the trial record. Counsel for Mr. Chambers also notes other concerns: suppressed evidence and junk science including misleading DNA evidence, fingerprint, and shoeprint evidence that they believe would not be admissible in court today, as well as concerns with whether Mr. Chambers is a person with intellectual disability and thus should be ineligible for a death sentence under the U.S. Supreme Court’s decision in Atkins v. Virginia (2002). Mr. Chambers’ resentencing comes short of a new trial; his counsel has indicated they will continue to federally litigate his Batson claims in efforts to secure a new and fair trial for him.
As outlined in a filing with the North Carolina Supreme Court, prosecutors relied on race-based questions during voir dire questioning, asking a prospective Black juror if she would be criticized by her “Black friends” if she voted to convict and sentence to death a person of the same race. Potential juror Melody Hall replied that while she would be criticized, it would not be an issue in her determination of a sentence. Prosecutors asked white jurors if the “racial situation,” i.e., a Black defendant on trial for killing white people, would be an issue if they did not find Mr. Chambers guilty. These jurors answered similarly, yet prosecutors excluded only Ms. Hall, not the white jurors. The trial court denied defense counsel’s Batson objections and allowed the prosecution to exclude half a dozen potential Black jurors. As a result, the jury ultimately seated to decide Mr. Chambers guilt and sentence was nearly all white.
The Death Penalty Information Center has identified nearly 70 capital cases in 16 states in which a court vacated a conviction or death sentences based on race discrimination in jury selection. DPI’s database illustrates geographical disparities in Batson relief. Alabama alone accounts for 23 race discrimination reversals (35%). Philadelphia County, where District Attorney Jack McMahon trained prosecutors how to illegally exclude potential jurors of color, has the second-highest rate of Batson reversals, at five. Texas and Florida, the two states with the highest number of death sentences in the modern era, have collectively had fewer than five Batson reversals, despite similar evidence of systemic race discrimination. Many states — including North Carolina — have not seen a single death-sentenced person win Batson relief based on race discrimination.
In a 2020 report from the Center for Death Penalty Litigation (CDPL), the organization notes that “North Carolina’s modern death penalty is the fruit of a racist past.” Looking at the state’s capital punishment system, Racist Roots: Origins of North Carolina’s Death Penalty, found that “the death penalty continues to achieve exactly what it was intended to do when it began: Punish the powerless and cement the supremacy of the powerful. It remains the ultimate symbol of state control.” The report supports this statement by going in-depth into an array of facts surrounding the racial-breakdown of the state’s use of the death penalty. Racist Roots found that nearly half of death row prisoners at the time, like Mr. Chambers, had been tried by an all-white jury or a jury with just one person of color. People of color make up less than 30% of North Carolina’s population but 60% of its death row. The report emphasizes that the state’s death penalty system “makes Black men the face of violence, while obscuring the fact that throughout American history, white people carried out a sustained campaign of racial terror.”
Kristin Collins, Another CDPL client leaves death row, The Center for Death Penalty Litigation, August 17, 2026; Robinson Bradshaw Secures Removal of Client from Death Row, Robinson Bradshaw, August 13, 2026; Jacob Biba, Were Black jurors in North Carolina struck because of their race?, Garrison Project, July 8, 2024; Center for Death Penalty Litigation, Racist Roots: Origins of North Carolina’s Death Penalty, October 5, 2020; Frank Chambers, North Carolina Coalition for Alternatives to the Death Penalty.