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(This post has been updated — see below).

There’s good news and bad news from the North Carolina Senate today.

The good news is that this is the last day for Senate committees to meet during the 2015 session. Senators will undoubtedly bend this rule in the days to come, but as a general matter, the official end of committees is a good sign that a) the flood of dreadful new laws should slow down at least a little and b) lawmakers are beginning to kinda sorta think about ending this nightmare of a session.

Unfortunately, the bad news is that senators will almost certainly be ramming a bevy of bills through committee today with scarcely any review or public input.

In this troubling vein, check out the agenda for today’s Judiciary II Committee where members are scheduled to review ten — count ’em ten — bills in one meeting that will convene just two hours before the Senate floor session. And to make matters worse, included in this list are two especially problematic proposals that are all about death:

And, of course, to make matters even more worrisome, the Senate has a penchant for adding everything but the kitchen sink to such bills in last minute “committee substitutes.” Thus, for instance, while the Schaffer’s gun bill was significantly watered down prior to passage in the House, it seems entirely plaussible that senators will pull a new version of the bill out of their hats this morning.

(UPDATE: After an absurdly fast-paced and at times, borderline chaotic meeting in which many members of the public were not admitted due to the tiny committee room that was used, both bills were passed by voice votes and now move to the Senate floor.)

News

If you weren’t able to attend NC Policy Watch’s Crucial Conversation with the nationally recognized Center for Death Penalty Litigation, that full program is now available online.

Last week’s event featured CDPL Executive Director retchen Engel, Senior Staff Attorney Ken Rose and Associate Director of Public Information Kristin Collins.

Please watch and then share this special presentation as they discuss their new research: On Trial for their Lives: The Hidden Costs of Wrongful Capital Prosecutions.
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Commentary

In case you missed it, the lead editorial in this morning’s edition of Raleigh’s News & Observer does a fine job of summarizing the new and disturbing report from the good people at the Center for Death Penalty Litigation: “On Trial for Their Lives: The Hidden Costs of Wrongful Capital prosecutions in North Carolina.”

As the editorial notes:

“District attorneys who choose to bring capital charges often do so as an expression of the public’s outrage over a heinous crime. But a new report suggests that putting a defendant on trial for his life also can involve another sort of outrage – the pursuit of flimsy cases at high cost to taxpayers and great damage to the accused.

The report from the Center for Death Penalty Litigation in North Carolina looked at problems with death penalty cases from an unusual perspective. Instead of focusing on defendants who were wrongly convicted, the center studied 56 North Carolina capital cases brought between 1989 and 2015 that ended with an acquittal or dismissal of all charges

The finding of 56 cases is a remarkably high number over the past quarter-century given that the state’s death row population is 148. Presumably, prosecutors would not pursue costly, extended death penalty cases unless there was a high probability of a conviction. But the report found shoddy cases derailed by serious errors or misconduct, including witness coercion, evidence not properly disclosed and bungled investigations.”

The editorial concludes this way:

“In North Carolina, there have been no executions since 2006 because of concerns about the drugs used and the refusal of doctors to participate in a process that by law requires a doctor’s presence. Some in the North Carolina General Assembly are trying to streamline the path to execution by proposing a change that would allow medical personnel other than doctors to fulfill the required medical role.

This report adds another chapter to the evidence that the death penalty and the pursuit of it can border on being crimes in themselves. The record demands that the wrongs wrought by this pursuit of vengeance be ended by the pursuit of justice.”

NC Policy Watch will host a Crucial Conversation luncheon today at noon with the authors of the report. We’ll post the video of the event in the very near future.

Commentary

Some seats still remain for tomorrow’s Crucial Conversation luncheon:

Is the death penalty broken beyond repair in North Carolina?

Click here to register

NCPW-CC-2015-6-25-gretchen-engelNCPW-CC-2015-6-25-ken-roseNCPW-CC-2015-6-25-kristin-collins

Featuring Gretchen Engel, Ken Rose and Kristin Collins of the North Carolina Center for Death Penalty Litigation

The recent pardons belatedly granted by Governor Pat McCrory to Henry McCollum (who sat unjustly on North Carolina’s death row for 30 years) and his half-brother Leon Brown (who had been sentenced to life in prison) have served to draw attention once more to North Carolina’s flawed criminal justice system and, in particular, the question of whether the death penalty can ever be fairly applied.

Today, in fact, two-thirds of North Carolina’s 149 death row inmates were sentenced more than 15 years ago, before key reforms vastly reduced the number of death sentences imposed in North Carolina. Many, like McCollum and Brown, were tried before DNA testing was widely used, and before laws requiring confessions to be videotaped and allowing defendants access to all of the state’s evidence in their cases.

Now, a soon-to-be-released report from experts at North Carolina’s nationally recognized Center for Death Penalty Litigation (CDPL) promises to raise even more questions about wrongful capital prosecutions, their financial and human costs and the very legitimacy of our criminal justice system.

Please join us for this very special NC Policy Watch Crucial Conversation with the report authors – CDPL Executive Director Gretchen Engel, Senior Staff Attorney Ken Rose and Associate Director of Public Information Kristin Collins.

When: Thursday, June 25, at noon — Box lunches will be available at 11:45 a.m.

Where: Center for Community Leadership Training Room at the Junior League of Raleigh Building, 711 Hillsborough St. (At the corner of Hillsborough and St. Mary’s streets)

Click here for parking info.

Space is limited – preregistration required.

Cost: $10, admission includes a box lunch.

Click here to register

Questions?? Contact Rob Schofield at 919-861-2065 or rob@ncpolicywatch.com

Commentary

From the good people at the Center for Death Penalty Litigation

“Death penalty advocates say executions are needed to puni:sh a small handful of the “worst of the worst” criminals. However, a new report from the Center for Death Penalty Litigation finds that the death penalty in North Carolina is being used broadly and indiscriminately, with little regard for the strength of the evidence against defendants — and putting innocent people at risk of being sentenced to die.

On Trial for Their Lives: The Hidden Costs of Wrongful Capital Prosecutions in North Carolina is the first study in the United States of cases in which people were charged or prosecuted capitally but never convicted. The study finds that 56 people since 1989 — about two a year — have been capitally prosecuted in North Carolina despite evidence too weak to prove their guilt. The wrongful prosecutions happened in 31 counties in every region of the state.

The report comes on the heels of the exoneration of Henry McCollum, North Carolina’s longest serving death row inmate. It exposes another facet of a capital punishment system that targets innocent people with the death penalty. Considering that only 40 people have been executed in North Carolina in the time period the report covers, more people have faced the death penalty and not been convicted of a crime than have been executed in North Carolina.”