Where Do NC Candidates Stand on the Death Penalty?

(This post is an expanded and modified version of last week’s post. Thanks to everyone at BlueNC for their help. Further additions are welcome.)

With an important primary just a week away, here’s a look at how the contenders feel about capital punishment.

In the Democratic NC gubernatorial debate, both candidates said that they support the death penalty if it is applied fairly. Beverly Perdue, unlike Richard Moore, supports a moratorium and further study of the issue. Moore has stated that he “believe[s] that there is Biblical evil that lives among us, and for some crimes you give up the right to be here on Earth with the rest of us.” (source) Perdue has said that she “support[s] capital punishment as an option, but…also favor[s] the current moratorium [then] in place while constitutional issues are being studied.” (source)

According to a questionnaire by the Progressive Democrats, all three Democratic candidates for Lieutenant Governor support a moratorium. Dan Besse advocates a moratorium due to concerns about racial bias and the risk of executing an innocent person. He supports a study into how to make sure that the death penalty is applied fairly and consistently. Hampton Dellinger is concerned that there are effectively two death rows in North Carolina – one containing inmates sentenced before reforms, and one containing those sentenced after. (These reforms include the guarantee of qualified counsel and the assistance of experts in capital cases.) Dellinger believes that no one from the ‘old’ death row should be executed until it has been determined that they would have received the same sentence under the ‘new’ rules. Pat Smathers supports a moratorium due to concern about inmates who were represented by unqualified counsel and affected by racial bias. He believes that the question of abolition should be decided by referendum.

In the Iredell and Alexander County district attorney race, all three candidates have made clear that they plan to aggressively seek the death penalty.

Meanwhile, Durham County district attorney candidate Mitch Garrell has declared his opposition to capital punishment.

Marshall Adame, running for Congress in N.C. District 3, opposes the death penalty in all cases. Over at BlueNC, he posted:

1. Keeping a human being caged until natural death is far greater punishment than killing that person.

2. It cannot be undone in the event of a prosecutional mistake, or misdeed (HAS HAPPENED).

3. The death penalty, as it has been applied in the United States, has been open to far too many mistakes, unequally executed, cruel and unusual, and has almost no sense of Justice to it.

If, in our deepest conscience, we believed, as a country, that the Death penalty was Good and Just, we would not carry it out in such discreet privacy. We would be executing people in public forums.

Killing another human being is a dark deed, even when sacntioned by the State.

I would like to think we had grown beyond our darkest instincts. Collective, or institutional revenge is still revenge….and that has nothering to do with justice.

Robin Anderson, who is running for Commissioner of Labor and would serve on the Council of State (which is charged with approving any death penalty protocol), supports abolishing the death penalty, but believes it is the job of the legislature to do so. She previously represented a death row inmate on appeal. (her website)

Finally, Presidential candidate Barack Obama supports the death penalty only in cases “so heinous, so beyond the pale, that the community is justified in expressing the full measure of its outrage by meting out the ultimate punishment.” He was also instrumental in pushing for criminal justice reforms in Illinois, including the mandatory taping of interrogations and confessions (which just became law in North Carolina this year).

Life Sentence for Neil Sargeant

News Update 04.25.08

North Carolina

In Watauga County, Neil Sargeant has been sentenced to life without parole for the 2005 murder of Appalachian State student Stephen William Harrington. Harrington was bound, suffocated, and set on fire as part of what may have been a drug-related assault. After Sargeant was found guilty of first-degree murder earlier this week, Harrington’s family approached the DA, told him that nothing would bring their son back, and asked him not to proceed with the portion of the trial that could have resulted in a death sentence.

Elsewhere

In Alabama, Daniel Lee Siebert has died on death row of natural causes. (c/o How Appealing)

From Murder Victims’ Families for Human Rights, the story of a former prosecutor and defense attorney whose brother was murdered, and how that experience affected her views on the death penalty.

The New York Times on the cruel and unusual history of the death penalty. The article discusses a number of botched executions, most interestingly the executions of men on whose cases the Supreme Court relied in its recent Baze decision.

The Importance of Being Nerdy

A friend sent me this link, with a note, “Arrr! It be cruel and unusual punishment!”

To which I naturally replied, “Shiver me timbers! Yer evolving standards of decency has been cast in Davy Jones’ locker!”

It’s possible that we both need a hobby.

Fund for Glen Edward Chapman

As regular readers will know, Glen Edward Chapman was released from North Carolina’s death row recently after having served over a decade in prison for two murders he did not commit. People of Faith Against the Death Penalty have set up a fund to help Edward adjust to life in the free world. He was released from prison with little more than the clothes on his back and some pocket change, and needs help with basic things like renting an apartment. 100% of donations will go to help Mr. Chapman, and they are tax-deductible.

Send a check or money order to:

People of Faith Against the Death Penalty
110 W. Main St., Ste. 2G
Carrboro, NC 27510

Be sure to note “For Edward Chapman” on your donation.

(While it is possible that Mr. Chapman might receive compensation from the State for his wrongful conviction, he would first have to receive a full pardon from the Governor. Such pardons are extremely rare, particularly in cases like Mr. Chapman’s that do not involve DNA.)

North Carolina Reaction to Baze

News Update 04.21.08

North Carolina

The US Supreme Court’s decision last week in Baze v. Rees does not mean that executions will resume immediately here in North Carolina. There are two state-based cases that must be resolved – first, a suit by five inmates who allege that the Council of State acted improperly in approving a new lethal injection protocol, and second, a suit by the Department of Correction against the North Carolina Medical Board, which sought to sanction doctors who participated in executions.

To be sure, courts will be asked to consider whether the differences between the Kentucky and North Carolina protocols are constitutionally significant. The majority opinion spent a good bit of energy applauding Kentucky safeguards that are absent here in the Tarheel State, for example that someone is present in the execution chamber to directly monitor the inmate and his IVs. The BIS monitor briefly reared its ugly head in the majority opinion, only to be quickly dismissed as lacking in scientific and medical support as a means of determining unconsciousness. Wonder what the Council of State will have to say about that. Perhaps Justice Alito’s concurring opinion with regard to forcing doctor participation in lethal injection will have some role to play in the Medical Board case.

The Charlotte Observer urges the State not to rush back to the death chamber until reforms to prevent wrongful convictions and the execution of innocents have been implemented. The News and Observer takes things a step further.

Elsewhere

Blog coverage of the Court’s ruling in Baze v. Rees:

• Amnesty International (overall summary)
• Capital Defense Weekly (initial reaction and additional thoughts)
• SCOTUSBlog (analysis for the legal-minded)
• Sentencing Law and Policy (a more pro-DP view)
• StandDown Texas (initial reaction)
• Various sources as complied by CDW and StandDown

I also note SCOTUSBlog’s follow-up series, which includes a conservative perspective and a liberal perspective on the Baze opinion, and this New York Times piece on Justice Stevens’ conversion to death penalty opponent.

Now that Baze has been decided, executions are sure to begin again in some states. Virginia has the earliest scheduled execution at the moment – Kevin Green on May 27th. New litigation has been filed in Mississippi, arguing that the safeguards applauded by the Court in Kentucky are absent from the Mississippi protocol, and therefore the execution of Earl Wesley Berry cannot proceed under Baze. Meanwhile, Florida has filed a motion to vacate the stay of execution granted to Mark Dean Schwab because it believes its protocol “more than satisf[ies]” the requirements of Baze. This morning, the Supreme Court lifted a number of stays and denied cert in several other cases.

On the same day it announced its ruling in Baze, the Supreme Court heard oral arguments in Kennedy v. Louisiana, which challenges the implementation of the death penalty for crimes other than murder, in this case, child rape. Reporting from Amnesty International (re: whether executing their attackers is in the best interests of children) and SCOTUSBlog (re: summary of the arguments and insight into the Justices’ likely opinions). Compilation of media coverage by StandDown. You can read the transcript of the argument here.

Christy Crittenton Sentenced to 20 Years

News Update 04.16.08

North Carolina

In Durham, Christy Crittenton was sentenced to 20 to 25 years for the 2006 murder of Edwin Knowles. Crittenton once faced the death penalty for the crime. In court, Knowles’ daughter gave Crittenton a Bible – and her forgiveness.

NPR listeners should tune in to today’s The State of Things on WUNC to hear about UNC-Chapel Hill’s year-long program, “Criminal Justice: The Death Penalty Examined.” Among those appearing on the show, law school dean Jack Boger and the producer/director of Love Lived on Death Row, Linda Booker.

Capital X’s “Walk 4 Life” tour has reached North Carolina. Donations received through his MySpace page will go to victims’ families and abolitionist groups.

“The Trials of Darryl Hunt,” the story of a man convicted and nearly sentenced to death for a rape and murder he did not commit, will be shown Monday at Elon University. Hunt, his attorney Mark Rabil, and Chris Mumma from the North Carolina Center on Actual Innocence will be in attendance.

Elsewhere

SCOTUS is hearing arguments in Kennedy v. Louisiana right now.

Breaking – Baze v. Rees Decided

Opinion here.

Says SCOTUSBlog:

In a widely splintered decision, the Supreme Court on Wednesday cleared the way for death-row executions to resume across the country, concluding that the most common method of lethal injection does not violate the Constitution. The final vote was 7-2 in Baze v. Rees (07-5439), although there was no opinion that spoke for five or more Justices.  The Court’s plurality adopted as a standard for assessing the validity of an execution method whether it poses a “substantial risk of serious harm.” It rejected the death row inmate’s proposal that the standard be “unnecessary risk.”

While the opinion appeared to leave open a chance that some further challenges could be made to the use of lethal drugs under a specific procedure in another state, it rejected a challenge to the method as used in Kentucky which is fairly close to the protocol used in 36 states and by the federal government.

Chief Justice John G. Roberts, Jr.’s plurality opinion said that a death-row inmate cannot win a challenge to an execution protocol “merely by showing a slightly or marginally safe alternative.”  Instead, there must be proof that the options available must prevent a “substantial risk of serious harm.”  A state is free to choose a procedure, Roberts wrote, if it is shown to be “feasible, readily implemented, and in fact significantly reduce[s] a substantial risk of severe pain.”  The opinion then added: “If a state refuses to adopt such an alternative in the face of these documented advantages, without a legitimate penological justification for adhering to its current method of execution, then a state’s refusal to change its method can be viewed as ‘cruel and unusual punishment’ under the Eighth Amendment.”

Death Row Families Come Together

News Update 04.15.08

North Carolina

Over the weekend, People of Faith Against the Death Penalty held an interfaith service and provided dinner for the friends and family of death row inmates. The event provided a rare opportunity for death row families to come together in an environment free of judgment. “As a pastor, I have worked with families on both sides of this terrible issue,” said keynote speaker Rev. William Barber. “Love and compassion cannot be one-sided, we must offer it to everyone who is in pain and needs support.”

Along with North Carolina death row exoneree Glen Chapman, Maryland exoneree Kirk Bloodsworth spoke this week to a high school class outside of Asheville. Bloodsworth told the boys of the nine years he spent in prison for a child rape/murder he did not commit, and offered advice to Chapman on the difficulties of adjusting to life in the free world. Chapman was released from death row this month with little more than the clothes on his back.

Robert Charles Haulcy, charged in a 2004 murder outside of a Fayetteville Waffle House as well as the 1997 killing of a Ft. Bragg soldier, has entered a plea in both slayings that will spare him the death penalty.

Elsewhere

China, Iran, Saudi Arabia, Pakistan…the United States? According to a new report from Amnesty International, we round out the top five most-executing nations in the world for 2007, even with the moratorium that has been in place since September. Globally, capital punishment has been abolished by law or in practice in 135 countries.

The US Supreme Court will hear arguments tomorrow in Kennedy v. Louisiana, the child rape death penalty case. How Appealing provides these links for more information (one, two, three, four), while StandDown Texas offers these (one, two, three).

Judge Removed from Kyle Berry Case

News Update 04.11.08

North Carolina

Judge Ronald Spivey has been recused from presiding over the appeal of Kyle Berry, who is on death row for a 1998 New Hanover County murder. Another judge removed Spivey from the case after his hostile courtroom comments to Berry’s counsel were found to indicate prejudice.

The attorneys for Glen Chapman weigh in on how the Attorney General’s office should have handled the case. Had the AG intervened when evidence of Chapman’s innocence first emerged, as it did in the Duke lacrosse case, Chapman would have been saved nearly four years in prison, and the people of North Carolina would have been saved the cost of needless litigation.

Cesar Laurean, suspected in the killing of fellow Marine Maria Lauterbach, has been captured in Mexico. The Onslow County District Attorney has agreed not to seek the death penalty in order to facilitate Laurean’s extradition.

Mark Kleinschmidt asks why Orange-Chatham DA Jim Woodall has recently become so eager to pursue the death penalty.  Woodall’s office has announced its intention to seek death against Barbara Clark and Bobby Lee Person.  There are indications that Woodall will also pursue capital punishment for Demario Atwater, who is accused of killing UNC-Chapel Hill student body president, Eve Carson.  It has been sixty years since someone from Orange or Chatham County was executed.

Elsewhere

Reporting from AI and CDW on this week’s congressional hearings on the poor quality of counsel in capital cases. Among those offering testimony, Bryan Stevenson from Alabama’s Equal Justice Initiative. You can read his comments about the travesties of representation he has witnessed here. From Senator Leahy (D-Vt.):

If we sanction the use of a penalty as final as capital punishment, we must be sure that the system is working properly. The catastrophe of executing an innocent person is not one that we can ever tolerate. Unfortunately, the number of innocent people freed from death row to date illustrates that this is not an idle concern.

The best way to ensure that justice is done is to have exceptional counsel on both sides of these cases. As a prosecutor, I always knew that it was better to have good opposing counsel. With properly trained attorneys and appropriate resources on all sides, we can have much more confidence in our system of justice. Unfortunately, our track record on representation of capital defendants has not been good.

In Ohio, the death sentence of Clifton White III has been commuted to life. The State Supreme Court ruled 7-0 that White, who has an IQ of 52 and functions at the level of a second-grader, is mentally retarded. You can read the Court’s decision here.

In Colorado, some are questioning whether a local prosecutor’s aggressive stance on the death penalty is an attempt to distract attention from her own troubles.

State to Seek Death Against Barbara Clark

News Update 04.08.08

North Carolina

Orange and Chatham County district attorneys have been given the green light to seek death against Barbara Clark, the woman accused of killing two elderly women at an assisted living center last year. Clark’s attorney has raised concerns about her mental fitness to proceed – Clark was too paralyzed by anxiety and depression to attend yesterday’s hearing – but thus far she has been denied treatment.

More on the exoneration of Glen Edward Chapman from NC Policy Watch, the Charlotte Observer, the Robesonian, the Greensboro News-Record, and WCNC. Click here to watch an interview with Chapman’s attorney, Frank Goldsmith. From the Hickory Daily Record, a letter from a friend of Betty Ramseur, one of the women Chapman was alleged to have killed.

Over at BlueNC, gubernatorial candidate Bev Perdue responded to a question about her position on the death penalty:

I support capital punishment as an option, but I also favor the current moratorium now in place while constitutional issues are being studied.

I certainly would review every death penalty case. It is one of the gravest responsibilities entrusted to a governor. I am also a big supporter of the North Carolina Actual Innocence Commission. We must do EVERYTHING in our power not to execute an innocent person. To see the danger we only need to look as far as the recent news about Glen Edward Chapman.

(In fairness, Perdue’s opponent Richard Moore also responded to the queries of BlueNC readers, but he was not asked about capital punishment.)

Elsewhere

Abolish! tells us of Capital X, a rapper/activist who is walking from New Jersey to Texas (and through NC!) to rally support for an end to the death penalty. You can follow his progress here.

In Tennessee, death row inmate Paul House will be released from custody while the courts decide whether he should be retried or freed permanently. Paul Gregory House was convicted and sentenced to death for the 1985 murder of Carolyn Muncey. Witnesses and forensic evidence point to Muncey’s violent, alcoholic husband as the actual killer. Learn more about House’s case here.