NC Governor Beverly Perdue signs the North Carolina Racial Justice Act

Racial equality is not achieved by allowing convicted murders sentenced to capital punishment live, setting quotas, nor creating laws limiting convictions for crimes due to race.

August 12, 2009

NC NEWS -- Governor Beverly Perdue has signed Senate Bill 461, the North Carolina Racial Justice Act, which permit defendants and inmates to challenge death sentences by presenting statistical evidence of racial bias. Governor Perdue yesterday announced:

"I have always been a supporter of death penalty, but I have always believed it must be carried out fairly. The Racial Justice Act ensures that when North Carolina hands down our state's harshest punishment to our most heinous criminals - the decision is based on the facts and the law, not racial prejudice."

The Racial Justice Act will allow inmates on Death Row and persons charged with a capital crime to present a judge with evidence that shows race was a significant factor that led to the imposition of the death sentence. If the judge agrees with the evidence, the death sentence can be overturned to life in prison without possibility of parole.

However, according to Thomas J Keith, District Attorney for the 21st Prosecutorial District (Forsyth County) many of these death row inmates were convicted prior to October 1, 1994, and were punished by Fair Sentencing, which means it could be argued that these death row inmates should be eligible for parole.

Structured Sentencing began October 1, 1994. Prior to that, murders committed were punished by Fair Sentencing. The Parole Board has always treated a life sentence under Fair Sentencing as being eligible for parole after 20 years. Therefore, District Attorney Keith concludes up to 77 murderers on Death Row could be paroled in 20 years. If they have gain time, it might even be 1 year or less since they were originally sentenced under Fair Sentencing.

Senate Bill 461, the North Carolina Racial Justice Act was sponsored in the Senate by the following Legislators:

• Sen. Floyd McKissick (Dem - Durham County)
• Rep. Larry Womble (Dem - Forsyth County)
• Rep. Earline Parmon (Dem - Forsyth County)
• Rep. Paul Luebke (Dem - Durham County)
• Rep Pricey Harrison (Dem - Guilford County)

Sen. McKissick said, "This is extremely significant legislation that will help to assure us that when the death penalty is used as an ultimate punishment that the decision is free of racial biases and prejudices."

Rep. Womble said, "This is a very auspicious and also historic occasion for the state of North Carolina. This is about justice for our state, and North Carolina is leading the nation in this particular area. I want to thank all of the sponsors, supporters and the people of North Carolina."

Therefore, understanding the reasoning for this statue, Senate Bill 461, the North Carolina Racial Justice Act, the Governor and legislative supporters of this bill believe our justice system is predominately racially bias? Obviously, if necessity requires a law to protect minorities from racial bias within our court system. However, many of the judges and prosecutors belong to the same political party as the Governor and legislative supporters of the Racial Justice Act, so are they admitting members of key positions in their party are racially bias?

North Carolina has 163 murderers awaiting execution on Death Row. Some of these convicted killers are not only a threat to the general public, but also other inmates as well. For example, Marcus Robinson who was convicted of the first degree murder of Eric Tornblom has accumulated 97 prison infractions that include fighting, weapon possession, lock tampering, gang involvement, and rioting since 1991. The Tornblom family trusted in our justice system to punish this man for his crime, and honorably our courts sentenced Robinson to death after hearing overwhelming evidence to support that sentence. However, now once again, Robinson has a chance to escape justice. The Tornblom family and other victims' families are being betrayed by the Governor Perdue and the legislative supporters of the Racial Justice Act. Our state promised victim families justice, yet now these families are being told that their loved ones killers will be given a chance to live, if they can provide questionable evidence that during their trial race was the basis for the decision to seek or impose the death sentence. This evidence also includes the measurement of minorities prosecuted in the county of conviction.

Racial equality is not achieved by allowing convicted murders sentenced to capital punishment live, setting quotas, nor creating laws limiting convictions for crimes due to race. Racial equality can be only achieved by treating everyone the same, regardless of skin color. Racial equality is only achieved when we stop looking at people superficially. The Racial Justice Act views our justice system and alleged criminals in a superficial manner, and therefore, is an injustice to all people.