The House debates Senate Bill 461, “North Carolina Racial Justice Act,” which would provide that a death penalty conviction could be changed to life in prison without parole if the convicted could prove by statistical evidence that race was a factor in the conviction. Proponents say this is about fairness; opponents say it is a way around the death penalty.
Bill sponsor Rep. Larry Wonble, D-Forsyth, speaks in favor and cites 800 pastors and numerous groups in favor of this bill.
Rep. Skip Stam, R-Wake, talks about studies that show the death penalty deters murder. He says this bill creates another three-year moratorium on the death penalty. He claims that 120 people have died as a result of the death penalty moratorium. He suggests the logic is flawed to apply racial justice but not gender or geographic justice. He says the heart of the bill is in an irrational inference because it asks statistics to prove discrimination, perhaps that occurred many years ago. Stam has concerns about this clogging up the system. Everyone sentenced to death will file an appeal under this act. He says “it’s the most foolish bill we’ve heard all year.”
Rep. Bill Faison, D-Orange, Rep. Deborah Ross, D-Wake, and Rep. Rick Glazier, D-Cumberland, speak passionately in favor of the bill.
Rep. George Cleveland, R-Onslow, asks about district attorneys’ concerns. Does it offer any avenue to get back into the judicial system after being convicted to get off death row? Womble says the prosecutor can present any evidence they want to.
Rep. David Guice, R-Translyvania, a former law enforcement officer, speaks against the bill and says the N.C. Conference of District Attorneys and N.C. Association of Sheriffs are opposed to the bill.
Rep. Frank Iler, R-Brunswick, says his district attorney is against the bill, and he’ll vote against it.
Rep. Alma Adams, D-Guilford, says the bill protects those who would not otherwise have a chance. Whether we like it or not, race matters, she says. The Legislative Black Caucus fully supports the bill. Michael Jackson reminds her to look at the man in the mirror. Our state has killed innocent black men, she says, and this bill will protect them.
Rep. Susan Fisher, D-Buncombe, cites research from Ohio State that says more African-Americans are on death row. She says we decided last year that the White House was a racism free zone, and we should ensure that the courthouse is a racism free zone.
Rep. Tim Moore, R-Cleveland, says the injustice in the criminal system is for poor people, not because of race. He makes a motion to send the bill to the Appropriations Committee so the bill could be amended. (The way it is written, the title is so long and tight, it can’t be amended on the floor.). Appropriations chair Mickey Michaux, D-Durham, opposes the motion.
The motion fails on a vote of 58-58.
Rep. Dale Folwell, R-Forsyth, says he doesn’t know how many of the people on death row are innocent. He has to trust the judicial system. He does know that 100 percent of the victims are innocent, and that’s who he represents. He holds up a pair of shoes of a murder victim. A vote for this bill is a vote against the death penalty. This is about victims of the most horrific crimes in the state. They are the invisible losers. His duty is to protect the victims of crimes ? the people who wore the shoes.
Rep. Earline Parmon, D-Forsyth, talks about discrimination and being sent back from a hospital because she was black. The bill is about being fair.
Rep. Kelly Alexander, D-Mecklenburg, speaks in favor.
Rep. Thom Tillis, R-Mecklenburg, says the people on death row are guilty of over 1,200 felonies, The worst is a man from Mecklenburg County who raped 13 people and murdered 9. These are criminals that belong on death row, regardless of their race. Dozens will apply for repeal of their death penalty conviction under this. There are already protections in place before they are convicted. How will we pay for this? Money will be diverted from crime prevention in order to provide funds for this.
Very heated and emotional comments made by Rep. Jennifer Weiss, D-Wake, in response to comments made about the Holocaust and in defense of her caring about crime victims. Folwell responds to her comments and defends his advocacy remarks for crime victims.
Majority Leader Rep. Hugh Holliman, D-Davidson, speaks about ensuring fairness in the criminal justice system. Minority Leader Stam says the statistical parameters in the bill are flawed. He says the correct way to look at it is a preponderance of the evidence and claims this is a three-year moratorium on the death penalty.
After more than 2 1/2 hours of emotional and compelling debate with talk of Supreme Court decisions, due process, statistics, fairness, wrongful convictions, criminal justice, law enforcement and application of the death penalty, the bill passes 61-55.
The bill will remain on the calendar for a final (third reading) vote tomorrow.
