Radical Racial Justice Act

North Carolina Will Parole Death Row Inmates

August 4, 2009

NC NEWS -- Thomas J Keith, District Attorney for the 21st Prosecutorial District writes on the eligibility for death row inmates to receive parole if the Racial Justice Act converts all death sentences to life sentences. Additionally, most of these convicted murders will be released having already spent 20 years in prison due to Fair Sentencing.

District Attorney Thomas J Keith states:

"It appears that about half of the 163 murderers on NC death row who received a capital sentence for murder committed before October 1, 1994, will be eligible for release in only 20 years, not "life imprisonment without the possibility of parole," if the Racial Justice Act converts all death sentences to life sentences.

"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. That means 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. (Caveat: it is unknown how many multiple murders there are on the attached list or how the Parole Board will treat subsequent death sentences).

"More disturbing than that are approximately 10 people on death row who committed their murders before October 1, 1994, and who have already spent their 20 years in prison for their Fair Sentencing murders. Some of these men (women) could be turned out of prison the first time a judge finds that race becomes a "statistical factor" in seeking the death penalty according to the Racial Justice Act.

"The ultimate goal of the Racial Justice Act is to ensure an extra measure of protection for convicted murderers. Unfortunately, its real world application would result in almost half the murderers on death row being eligible for parole after only 20 years (or less, if gain time is available) and of that, half, 10, could be immediately eligible for parole today.

"This was never mentioned in the public debate in the NC House, nor in the media. The NC Senate needs to carefully weigh this consideration before they vote on the Racial Justice Act next week. Hopefully, a legal answer to the early release problem can be found that will not allow these 77 to escape the full life sentence contemplated by the Racial Justice Act.

"Attached is a list of all death row inmates by county whose sentence, if commuted to life by the Racial Justice Act, committed their crimes under Fair Sentencing, making them eligible for a 20 year (or less) parole."

So, there you have it, North Carolina. If the Racial Justice Act is ratified, convicted killers, such as Marcus Reymond Robinson who has committed 94 prison infractions in the twelve years awaiting execution, will eventually return to the streets.

Robinson is not only a threat to the general public, but other prison inmates as well. Additionally, Robinson shows no remorse for brutally forcing Eric Tornblom to the ground and shooting him execution style in the face with a shot gun. North Carolina does not need racial quotas in it justice system and it certainly does not need to parole death row inmates. What it needs is capital punishment as promised those families of these murdered victims.