Commentary, News

A day after conservatives delivered a letter calling on Gov. McCrory to veto legislation that would jump start executions in North Carolina and shroud them in secrecy, a coalition of human rights groups has spoken up as well.

RALEIGH – A coalition of human rights groups is urging Gov. Pat McCrory to veto a bill that would hide the source of lethal injection drugs used to execute prisoners on death row and remove the requirement that a qualified physician be present at all executions.

The groups, including the American Civil Liberties Union of North Carolina, the Carolina Justice Policy Center, the N.C. Coalition for Alternatives to the Death Penalty, People of Faith Against the Death Penalty, Murder Victims’ Families for Reconciliation, and the Center for Death Penalty Litigation, argue that HB 774 is a dangerous proposal that would make executions more secretive, increase the risk of botched executions, and ensure continued legal challenges to the death penalty in North Carolina.

“Less than a year after other states have botched executions as a result of using experimental drugs obtained in secret, it would be foolhardy for North Carolina to go down the same road,” said Sarah Preston, acting executive director of the ACLU of North Carolina. “This bill would increase the likelihood of a botched execution in North Carolina, hide basic information about executions from public access, and needlessly waste taxpayer dollars on the inevitable lawsuits that will follow. Governor McCrory should take a stand for transparency and accountability and veto this bill without delay.” Read More


The following statement was released this afternoon by the group NC Conservatives Concerned About the Death Penalty:

NC Conservatives Concerned Urges Governor McCrory to Veto Bill Eliminating Transparency in Executions

For Immediate Release
August 4, 2015

Contact: Ballard Everett
(919) 272-0297

North Carolina Conservatives Concerned About the Death Penalty (NC CCADP) urges Governor Pat McCrory to veto House Bill 774 “Restoring Proper Justice Act,” legislation aimed at taking transparency out of the way in which our state executes individuals.

“This legislation is bad policy for North Carolina. Conducting executions is the most extreme expression of the state’s power and should be done in an open and transparent process,” said Ballard Everett, coordinator for NC CCADP. “Making secret the way in which our state obtains the drugs needed and conducts executions practically guarantees that NC will join states around the country that have seen horribly botched executions.”

“Even the bill’s sponsors have admitted passage of H774 would invite more costly litigation,” said Everett. “Why then are they committed to wasting more tax payer dollars by creating more issues that have to be litigated in courts?”

Should executions resume, Governor Pat McCrory will be the final reviewer of death row cases slated for execution. If the Governor signs H774, he will be facing what will likely be a problematic execution process that will inevitably lead to horribly botched executions. Everett said, “Gov. McCrory should not be placed in this position by the General Assembly. The process should be open and transparent to ensure that any execution is carried out correctly and with dignity for all of those involved.”

“We urge the Governor to veto this legislation. If our state is going to engage in capital punishment, we cannot do so by cloaking the execution process in secrecy.” Everett said



In case you missed it, the Fayetteville Observer had this to say this morning about the dreadful proposal to expedite executions and keep the drugs used to do the dirty deed a secret:

“The legislative urgency to get North Carolina back into executing murderers has reached a fever pitch that looks a lot like bloodlust. It’s an ugly spectacle.

A bill approved by the state Senate late Monday would cast a shroud of secrecy over executions and could end physician participation in them….

This attempt to obscure the execution process comes at a time when serious questions are being raised about the death penalty, including two justices of the U.S. Supreme Court wondering in an opinion this year whether the death penalty is constitutional.

That debate will surely continue, and it should. We need thoughtful discussion of the issue and whether we’re imposing a fair sentence or simply seeking revenge for a terrible crime.

What we don’t need is a General Assembly slicing away at reasonable public understanding of the state’s execution protocols, instead choosing to wrap it all in secrecy.

We’d like to believe it’s still our government, not the personal property of a privileged few in the halls of state government.”

Meanwhile, Raleigh’s N&O put it this way yesterday:

“When the government is putting someone to death in the name of the people, the people have a right to know how it is being done.

But in a macabre and all-too-quick march toward resumption of the death penalty in North Carolina, Republican lawmakers are doing all they can to restart executions stalled since 2006 with a measure now in negotiation between the House and Senate that would drop a requirement that doctors be present at executions. The legislation also would keep confidential the drugs to be used in lethal injection executions.

This is a horribly misguided idea….

The death penalty is the one penalty that can’t be corrected. And DNA testing has revealed that some inmates convicted of crimes that could have brought the death penalty have been innocent. Rather than put executions on a fast track, North Carolina should abandon them altogether.”

Sadly, the bill passed the House today and will be sent to Governor McCrory shortly.


The North Carolina Senate is scheduled to take up legislation this evening that would, among other worrisome things, strike a large and troubling blow for the cause of government secrecy. The subject is the death penalty and the legislation in question would specifically amend the state public records law to make clear that citizens will be prohibited from finding out information about the drugs that will be used kill people in their name — including who makes them. This is from an Associated Press story from last Thursday:

“The state Senate could vote as soon as next week on legislation clarifying executions are exempt from state requirements for the public rule-making process. That would allow officials to find new drugs for lethal injection more quickly and with less public review. The bill also eases restrictions on the types of drugs used and prohibits disclosing where they are manufactured.”

As bad is all of this is, however, listen to the explanation for this provision advanced by the bill’s main sponsor:

“When asked by a Democratic member of the Senate Judiciary Committee whether his bill decreased transparency, Rep. Leo Daughtry, R-Johnston, said he agreed it did. But he argued that a certain level of secrecy was required to protect drug manufacturers.

‘If you tell them where the drug comes from, there will be 300 people outside the building,’ Daughtry said.”

In other words, lawmakers want to keep the drugs secret so that, well, so that no one will find out what they are or where they come from and then, perish the thought, use the information to communicate with the pharmaceutical companies that make them.

What an outrageous concept! Citizens using public information to find out the identities of the companies to whom their government is giving public funds to buy drugs to kill people in the public’s name and then, perhaps, exercising their First Amendment rights to target protests against those companies.

This from lawmakers who came to power championing “transparency” and an “open” and “small” government.

Perhaps the stunning hypocrisy of all this (not to mention the very troubling precedent that would be established) explains why the North Carolina Press Association (of which — full disclosure — NC Policy Watch is a member) opposes the legislation.

Let’s hope that, regardless of their views on the death penalty, lawmakers wake up to the real world dangers of this new provision and the symbolic, Big Brother-like message it sends.


It’s tragically absurd that people have been forced to resort to this, but the family, friends and advocates helping Texas death row inmate Scott Panetti have launched a petition drive to help promote his effort to gain clemency.

The following description of Mr. Panetti’s situation comes from the good folks at the Texas Defender Service:

Scott Panetti was honorably discharged from the Navy at the age of 18. Eighteen months later, he was diagnosed with “early schizophrenia.”

Scott Panetti has suffered from severe mental illness for over 30 years. It first manifested itself at least a decade Scott Panettibefore the crime for which he was convicted and sentenced to death in Texas. His severe mental illness has infected every stage of his capital case and although Mr. Panetti continues to be severely mentally ill, Texas now plans to execute Mr. Panetti on December 3, 2014.

This is the enduring image of Mr. Panetti’s case: a paranoid schizophrenic wearing a TV-Western cowboy costume; on trial for his life, insisting on defending himself without counsel; attempting to subpoena the Pope, John F. Kennedy, and Jesus Christ; and raising an insanity defense. Mr. Panetti’s pro se performance was an abomination and his trial was a mockery of the criminal justice system. Read More