North Carolina Attorney General Roy Cooper is call­ing on pros­e­cu­tors to open their files to defense attor­neys in first-degree mur­der cas­es to avoid wrong­ful con­vic­tions like that of for­mer death row inmate Alan Gell, who was exon­er­at­ed and freed in February. Cooper called Gell’s first tri­al a trav­es­ty” and stat­ed that the pros­e­cu­tors com­mit­ted inex­cus­able neglect” in their han­dling of the tri­al. The orig­i­nal pros­e­cu­tors in this case owe every­one an apol­o­gy: the defen­dant, the vic­tim’s fam­i­ly, the com­mu­ni­ty, and every­body in the state. An unfair tri­al occurred,” Cooper said. Since Gell’s first tri­al, the pros­e­cu­tors, who are under inves­ti­ga­tion by the State Bar, have gone on to oth­er jobs in the court sys­tem. (News & Observer, March 2, 2004) Gell’s exon­er­a­tion and Cooper’s call for reform of the way first-degree mur­der tri­als are con­duct­ed comes as mem­bers of the North Carolina House of Representatives are con­sid­er­ing an his­toric vote that could halt exe­cu­tions in this close­ly-watched Southern state. See New Voices and Innocence.

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