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May. 28 2009
RALEIGH, N.C. — The National Association for the Advancement of
Colored People (NAACP) is taking a stand against changes by the state
Senate to a bill designed to prevent racial bias in the death penalty.
Death-penalty amendment draws criticism
The Racial Justice Act would allow a death row inmate to appeal his
conviction if race played a role during trial. Two weeks ago, the
bill cleared the chamber but with an amendment that would restart
executions by allowing doctors and nurses to be present. The change
would remove a legal obstacle that has halted executions for two years.
The NAACP and other religious groups oppose this addition to the bill.
“I am opposed to the racial justice act," said Senate Minority Leader
Phil Berger said.
Berger, who added the amendment to the bill, said he did so because
the act places "another potential hurdle from carrying out death
sentences and gives defendants a second bite at the apple.”
Rev. William Barber, with the state chapter of the NAACP, disagrees
with Berger. He and others began pushing for the Racial Justice Act
after three African-American inmates, who sat on death row for a
combined total of 40 years, were exonerated.
They say the intention of the act is to give defendants in capital
murder cases the right to challenge their prosecution on racial bias
grounds. However, Barber says state legislators have now changed the
original purpose of the bill.
"Ultra conservatives and others used it as a pretext for restarting
the death penalty, rather than staying focused on the real issue,
which is racial justice," Barber said.
Supporters of the death penalty say, even with the changes, the bill
will create another loophole for defendants to slow cases.
"It's intended to halt the system. It will make capital punishment
unenforceable,” said Wayne Uber, a death penalty supporter.
Uber, a Chapel Hill resident, has personal reasons for supporting the
death penalty. His twin brother Jeffrey was murdered in Florida.
"I do something everyday to honor my brother's memory,” he said.
Uber said he believes cases with racial bias should be appealed. But
he also thinks current legal wrangling on the issue hurts victims'
families.
"The main thing behind a lot of that frustration is just fear,” Uber
said.
Barber said he plans to keep fighting for the bill to be passed
without the amendment, and insists race is a factor.
"In North Carolina and throughout the south, we have killed innocent
black men and have placed black men on death row because of their
race, or because of the race of the victim,” Barber said.
The bill will go before another committee of state legislators
Wednesday.
Reporter: Dan Bowens
Copyright 2009 by Capitol Broadcasting Company
http://www.wral.com/news/local/story/5236628/