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Commentary, Justice Denied for McCollum and Brown
Henry McCollum listening to evidence of his innocence. Photo by Jenny Warburg / Courtesy of North Carolina Coalition for Alternatives to the Death Penalty.

Henry McCollum listening to evidence of his innocence. Photo by Jenny Warburg / Courtesy of North Carolina Coalition for Alternatives to the Death Penalty.

Another day, another decision by Gov. Pat McCrory to deny justice to Henry McCollum and Leon Brown, two Robeson County men who both spent 31 years behind bars for a rape and murder they did not commit.

Brown and McCollum were freed last September after the N.C. Innocence Inquiry Commission found DNA evidence that proved another man had committed the crimes.

McCrory promised then he was ready to receive their applications for pardons of innocence that they need to receive financial compensation from the state for the years they were wrongly incarcerated.

McCrory received the pardon applications 223 days ago and Brown and McCollum are still waiting for an answer.

Instead of reviewing the pardon applications, McCrory spent this morning at a “golf day proclamation” in the old Senate chambers in the Capitol, an event that was closed to the media.

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Commentary

The following post appeared earlier today on the N.C. Coalition for Alternatives to the Death Penalty blog.

Reasonable doubt: N.C. says 900 convictions based on bad evidence

By Kristin Collins

This week, buried in a Charlotte Observer editorial, was a surprising admission: The N.C. Commission on Actual Innocence is reexamining 900 convictions in which the State Bureau of Investigation may have used unreliable forensic evidence.

In all these cases, the SBI used hair analysis to prove the defendant’s guilt. In most cases, that means analysts used a microscope to compare hairs found at the crime scene with the defendant’s hair, and said they matched up. This technique was used in North Carolina until DNA testing of hair became available, around 2003. We don’t know how many of the 900 are death penalty cases.

We now know that this kind of forensic “science” is junk. Subjective forensic evidence, such as hair comparisons and bite mark comparisons, have been a contributing factor in more than a quarter of the 329 DNA-exoneration cases in the U.S. since 1989.

Last week, the FBI admitted that it has overstated the reliability of hair analysis in virtually every case where hair evidence was presented, including 36 cases where defendants were sentenced to death.

Only three of the cases the FBI identified were in North Carolina, but that doesn’t mean we don’t have a big problem.

Guess where North Carolina’s SBI learned its hair analysis techniques? From the FBI.

We already know bad hair analysis has contributed to one wrongful conviction in North Carolina: that of Joseph Sledge, who was recently exonerated after 36 years in prison. Read More

Commentary, Justice Denied for McCollum and Brown
Henry McCollum listening to evidence of his innocence. Photo by Jenny Warburg / Courtesy of North Carolina Coalition for Alternatives to the Death Penalty.

Henry McCollum listening to evidence of his innocence. Photo by Jenny Warburg / Courtesy of North Carolina Coalition for Alternatives to the Death Penalty.

It has now been 222 days since  since Governor Pat McCrory received a formal request for a pardon from Henry McCollum and Leon Brown, two Robeson County men who both spent 31 years in prison for a rape and murder they did not commit.

Brown and McCollum, both struggling to make ends meet, need the pardon so they can receive the financial compensation from the state for their wrongful incarceration for more than three decades.

McCrory applauded the exoneration of the two men last September and said he was ready to receive their application for a pardon. It was filed September 11th of last year, 222 days ago.

No word from McCrory about why he continues to deny the two men the justice they deserve but he has been busy with things he apparently thinks are more important.

Today he attended the North Carolina Fit Family Press Conference.

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Commentary, Justice Denied for McCollum and Brown
Henry McCollum listening to evidence of his innocence. Photo by Jenny Warburg / Courtesy of North Carolina Coalition for Alternatives to the Death Penalty.

Henry McCollum listening to evidence of his innocence. Photo by Jenny Warburg / Courtesy of North Carolina Coalition for Alternatives to the Death Penalty.

It has now been 221 days since Governor Pat McCrory received a formal request for a pardon from Henry McCollum and Leon Brown, two Robeson County men who both spent 31 years in prison for a rape and murder they did not commit.

McCollum and Brown, both mentally disabled, were freed September 4 of last year after the N.C. Innocence Inquiry Commission found DNA evidence that proved another man had committed the crimes.

Governor Pat McCrory issued a press release the same day, saying he was “heartened to see the convictions of Henry McCollum and Leon Brown vacated by the court” and that he would begin reviewing their applications for pardons of innocence as soon as they were received.

McCrory’s office received the applications 221 days ago and nothing has happened. The News & Observer reported two months ago that McCollum and Brown were unable to pay their bills and were relying on donations from friends and supporters to survive. At one point their water was turned off because they couldn’t afford to pay for it.

They are entitled under state law to $50,000 for every year they were wrongly incarcerated up to a maximum of $750,000 but they can’t get it until they receive a formal pardon of innocence from McCrory, who has yet to grant it or say anything publicly about the case.

The state of North Carolina robbed McCollum and Brown of 31 years of their lives. Now the governor is denying them justice again, preventing them from receiving the restitution to which they are entitled.

It is simply a disgrace.

NC Policy Watch plans to remind Gov. McCrory of this gross miscarriage of justice every day until he does the right thing and grants the pardon the two men deserved 221 days ago.

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Commentary

McCollum BrownIf you’re like most people, you probably missed Governor McCrory’s announcement yesterday touting a new state plan to help a peanut operation create 78 jobs over three years in Chowan County. Though all well and good as far as these announcements go, what really stands out about this one was its inclusion of the Governor’s statement that he was especially happy to have pardoned one of the company’s leaders in 2013 for crimes he committed several decades ago.

To which all a caring and thinking person can say in response is: a) Bravo! Thousands of good North Carolinians undoubtedly deserve such second chances, and b) Speaking of which, Governor, what in the heck is going on with the pardon applications of Henry McCollum and Leon Brown?!

McCollum and Brown, you’ll recall, are the half brothers who were found innocent last year of crimes for which they were imprisoned more than 30 years. In other words, they didn’t commit a terrible crime and then later get their lives together; they were wrongfully and horrifically railroaded into prison and served decades for crimes they didn’t commit. McCollum was sentenced to death!

Meanwhile, tomorrow marks the six-month anniversary of the pardon requests the men submitted — a period during which the men have received no compensation for the terrible injustice inflicted upon them by the state of North Carolina. As Raleigh’s News & Observer reported last month:

“The men, who are half-brothers and who are intellectually disabled, were each given $45 in cash when they left prison in September – the sum total of help they have received from the state. They live in Fayetteville with their sister, who struggles to pay the rent and keep the light and water bills paid. They have depended on the kindness of supporters for all their money.

A Superior Court judge declared them innocent in September. North Carolina law authorizes payment of $50,000 a year, up to a maximum of $750,000, to incarcerated individuals later proven innocent. But the brothers first need to obtain a pardon of innocence from the governor.”

Earth to Governor McCrory: The time for action is long past due. Do the right thing and help these men and their families — now. And if you want to learn more about the subject, all you have to do is walk a couple blocks down the street from the mansion and attend a panel discussion that Campbell Law School will be holding Thursday evening. Here are the details: Read More