FORMER DEATH ROW INMATES FREED IN NORTH CAROLINA
On September 2, 2014, Leon Brown (left) and Henry McCollum (right) were exonerated and released from prison in North Carolina.
The two men, who are half brothers, had been convicted of the rape and murder of an 11-year-old girl and sentenced to death in 1984. Brown was 15 at the time of the crime and McCollum was 19. Both men have intellectual disabilities and were interrogated under duress until they confessed to the crime. In 2010, Brown turned to the North Carolina Innocence Inquiry Commission for help. The Commission tested DNA evidence from the crime scene, which implicated a man who was convicted of a similar crime. Robeson County Judge Douglas Sasser vacated the men's convictions and said the evidence indicated their innocence. District Attorney Johnson Britt supported their release and said no further charges will be brought against them.
“It’s terrifying that our justice system allowed two intellectually disabled children to go to prison for a crime they had nothing to do with, and then to suffer there for 30 years,” said Ken Rose, a senior staff attorney at the Center for Death Penalty Litigation in Durham, who has represented McCollum for 20 years. “Henry watched dozens of people be hauled away for execution. He would become so distraught he had to be put in isolation. It’s impossible to put into words what these men have been through and how much they have lost.”
Brown's sentence had previously been reduced to life in prison, but McCollum remained on death row for more than 30 years. Before his release, he was the longest-serving inmate on North Carolina's death row.
(All photos by Jenny Warburg)
(Left) Observers applaud as Henry McCollum is exonerated. Behind Mr. McCollum is I. Beverly Lake, former Chief Justice of the North Carolina Supreme Court and founder of the North Carolina Innocence Inquiry Commission. (Right) Henry McCollum is embraced as he leaves Central Prison after spending 30 years on death row.
|Leon Brown smiles with his attorneys as he is exonerated.|
J. Katz, "North Carolina Men Are Released After Convictions Are Overturned," New York Times, September 3, 2014.
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North Carolina Innocence Commission Frees Another Inmate, 38 Years Late
The same Commission that freed former death row inmates Henry McCollum and Leon Brown in September exonerated another man who had been convicted of murder, Willie Womble (l.). The North Carolina Innocence Inquiry Commission freed Womble on October 17, dismissing his 1976 first-degree murder conviction and life sentence. Womble had been convicted of acting as a lookout while another man, Joseph Perry, robbed a convenience store and killed the cashier. Both Perry and Womble received life sentences. Though Womble had always said he was innocent, he never filed a motion to challenge his conviction, perhaps because of his diminished mental capacity (a disability also present in McCollum and Brown). In 2013, Perry wrote a letter to the Innocence Commission stating that Womble was innocent. When Perry learned that his actual accomplice had died, he decided he could reveal Womble's innocence without putting the other man in prison. The Commission investigated Womble's case and found that his confession had been possibly coerced and written by a detective working on the case. Christine Mumma, executive director of the N.C. Center on Actual Innocence, said, “In 2008, the legislature passed a law requiring the recording of interrogations. This is another case showing how important that is.” Granville County District Attorney Sam Currin supported Womble's exoneration, saying, “I apologized to Mr. Womble and to the family of Mr. Roy Bullock, who was the victim. I just felt it was right. The system and the state of North Carolina failed them for 39 years.” Although not sentenced to death, Womble's case shows the risks of capital punishment and the difficulty in discovering innocence.
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ARTICLES: Excluding Blacks from Death Penalty Juries Violates Rights As Citizens
An article in the most recent issue of the Virginia Quarterly Review examines the practice of excluding African-Americans from jury service, particularly in death penalty cases in North Carolina. In Bias in the Box, Dax-Devlon Ross notes, "Alongside the right to vote, the right to serve on a jury is an enduring pillar of our democracy....Nevertheless, there is perhaps no arena of public life where racial bias has been as broadly overlooked or casually tolerated as jury exclusion." Ross traces the history of civil rights litigation that secured blacks the right to participate in juries, but he also shows the continued use of strategies to remove them from service. In particular, the repeal of North Carolina's Racial Justice Act in 2013 removed an important protection of equality in jury service. Before the act was rescinded, a special court reduced the sentences of four death row inmates because of patterns of racial bias in jury selection. In one case, a prosecutor's notes described potential jurors as "blk wino - drugs" and as living in a "blk, high drug" neighborhood. Ross quotes a number of potential black jurors who wanted to serve in North Carolina but felt they were excluded because of their race.
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Sen. Leahy Cites North Carolina Exonerations in Calling for Legislaton
In a recent speech in the U.S. Senate calling for the reauthorization of the Justice for All Act, Senator Patrick Leahy (D-VT) spoke about the recent exonerations of two men in North Carolina, citing the importance of DNA testing in their release from prison after 30 years: "The dozens of exonerations made possible by the Justice for All Act are testament enough to its value," Leahy said, "Henry Lee McCollum and Leon Brown are just the latest examples. The injustice they survived – and the fact that North Carolina nearly executed an innocent man–should dispel any doubt that this legislation is urgently needed." The Act was first passed in 2004 and has provided important assistance to states and local governments in using DNA evidence to convict the guilty and exonerate the innocent. The reauthorization is sponsored by Leahy and Senator John Cornyn (R-TX). The testing in the North Carolina case was funded by the Kirk Bloodsworth Post-Conviction DNA Testing Grant program, a portion of the Justice for All Act named for the first man exonerated from death row by DNA evidence. Read Leahy's statement below.
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INNOCENCE: Attorney for Freed Death Row Prisoner Calls Case a "Tragedy"
In an op-ed for the Washington Post, Kenneth Rose, an attorney for the recently freed Henry McCollum, expressed his frustrations with the death-penalty system that allowed such mistakes to happen in the first place: "I am angry that we live in a world where two disabled boys can have their lives stolen from them, where cops can lie and intimidate with impunity, where innocent people can be condemned to die and where injustice is so difficult to bring to light. As I lie awake at night, mulling over the maddening details of this case, I wonder: How many more Henry McCollums are still imprisoned, waiting for help that will never come?" He described the hardships McCollum experienced on death row, including seeing other inmates being executed. "He became so distraught during executions that he had to be put in isolation so he wouldn’t hurt himself," Rose said. McCollum only saw his family on rare occasions when they could make the long drive from New Jersey to North Carolina, and both his mother and grandmother died while he was imprisoned. Read the op-ed below.
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POSSIBLE INNOCENCE: Originally Sentenced to Death, Brothers May Now Be Cleared in North Carolina
UPDATE: Both defendants freed after judge overturns convictions. EARLIER: Henry McCollum (l.) and Leon Brown (r.), two brothers who were convicted of murder and sentenced to death in 1984, may soon be freed because of evidence uncovered by the North Carolina Innocence Inquiry Commission. McCollum was 19 and Brown was 15 when they confessed to the rape and murder of 11-year-old Sabrina Buie. Both men are intellectually disabled - McCollum has an IQ in the 60s and Brown has scored as low as 49 on IQ tests. McCollum and Brown have maintained their innocence since their trial, saying they were unaware they were signing a confession. “I’d never been under such pressure, people yelling and screaming at me,” McCollum said of his interrogation. “I was scared, and was just trying to get out of that police station and go home.” In 2010, Brown, who is now serving a life sentence for rape after his murder conviction was thrown out, contacted the Innocence Commission about his case. The Commission found DNA evidence near the crime scene belonging to another man, Roscoe Artis, who was sentenced to death for a crime similar to the one for which McCollum and Brown were sentenced to death. (Artis' sentence was later reduced to life.) On September 2, defense attorneys for Brown and McCollum will present the evidence and ask a Robeson County judge to free both men. Robeson County District Attorney Johnson Britt, who is not opposing the request, said, “The whole case rests on the confessions, and the DNA evidence threw those confessions under the bus.”
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NEW VOICES: "Death Penalty Has Had Its Day in North Carolina"
Mark Edwards, chair of the Nash County (North Carolina) Republican Party, recently spoke about replacing the death penalty with a sentence of lfie without parole: "As a conservative seeking to find the best way to protect the residents of this great state from crime, I believe the death penalty has had its day in North Carolina. It is time to begin the debate on replacing the death penalty with life in prison without parole." He also said, "We are advocating that we replace the death penalty with life in prison without parole, which would will prevent debacles like the Oklahoma execution. It is a tough punishment, and inmates with no hope of release certainly do not live on 'easy street.'" Edwards is a member of North Carolina Conservatives Concerned About the Death Penalty, and he pointed to the toll executions take on correctional officers, especially when executions go wrong: "No matter how professionally the staff carries out its duties, a community is formed and relationships established with the prisoners, including those who sit and wait on death row. Then they have to participate in the inmate’s execution. That cannot be easy for these men and women," Edwards said. "It is not fair for us to impose these untested (and, as the events in Oklahoma remind us, possibly unreliable) drug protocols on the dedicated staff of the Department of Corrections." Read the full letter to the editor below.
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North Carolina Supreme Court to Hear Racial Justice Act Cases
On April 14, the North Carolina Supreme Court will hear appeals in the cases of the four inmates whose death sentences were reduced to life without parole under the state's Racial Justice Act. North Carolina passed the Act in 2009, allowing death row inmates to use statistical studies to show that racial bias affected their trials. The first four cases were heard in 2012. The evidence presented at hearings for defendants Marcus Robinson (l.), Tilmon Golphin, Quintel Augustine, and Christina Walters included testimony that prosecutors made racially charged notes during jury selection and participated in a training seminar where they were taught how to get around laws that banned striking jurors on the basis of race. Superior Court Judge Gregory Weeks reduced the sentences of all four inmates to life. In one ruling, Weeks said he found “a wealth of evidence showing the persistent, pervasive, and distorting role of race in jury selection throughout North Carolina.” The Racial Justice Act was repealed in 2013, but claims made prior to repeal are still pending. The state brought the current appeal before the state Supreme Court in an attempt to have the death sentences of all four inmates reinstated.
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Perspectives on Representing Death Row Inmates
Ken Rose has represented people condemned to death in the south for 30 years and recently described his experience with this "flawed system:" "The system reflects our biases and blind spots," he said. "Just like us, it is susceptible to error and prejudice and, sometimes, an indiscriminate desire for revenge. Like our country, it favors the privileged and takes the heaviest toll on the poor and mentally ill." As an example, Rose told the story of one of his clients, Leo Edwards, whose gas-chamber execution he witnessed in Mississippi in 1989. Edwards, who was black, was prosecuted by a district attorney who said he tried to "get rid of as many" black jurors as possible, and testified that he used that tactic in Edwards' trial, resulting in an all-white jury. The timing of Edwards' case prevented him from receiving a new trial: "This clear racial bias was never addressed because Leo’s case was too far along by 1987, when the U.S. Supreme Court set new standards for reviewing claims of race discrimination in jury selection," he said. Rose noted that some improvements have been made, but "Racial bias still taints trials. Defendants are still chosen for death arbitrarily. Those sentenced to die are still overwhelmingly poor and mentally ill. Judges and lawyers, including myself, still make mistakes. Innocent people are still imprisoned." Read the op-ed below.
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NEW VOICES: Retired Judges Support Finding of Racial Bias in North Carolina Death Penalty
Six retired judges in North Carolina urged the the state Supreme Court to uphold the rulings of a lower court that found racial bias in the use of the death peanlty. Former chief justices James Exum and Henry Frye, along with former judges Willis Whichard, Melzer Morgan, Wade Barber and Russell Walker filed a brief in support of inmates whose death sentences were reduced to life without parole in 2012 under the state's Racial Justice Act. The Act allowed death row inmates to present statistical evidence of racial bias in challenging their sentences, but it was repealed in 2013. The NAACP also filed a brief on behalf of the inmates. Irving Joyner, a North Carolina Central University law professor who signed the NAACP brief, said, "What the court has to decide is whether the state of North Carolina feels it's acceptable to execute people who have been tried by a racially biased system."
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