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August 16, 2021 Today, it’s easy for most North Carolinians to forget that our state has a death penalty. It’s been fifteen years since the early morning of August 18, 2006, when the state strapped Samuel Flippen to a gurney and injected poison into his veins. He was the last person to die in Central […]

In September 2014, I was sitting with Henry McCollum at the moment a judge ordered his release from death row for a crime he did not commit. Many folks in the courtroom clapped in celebration. Others embraced out of relief. It had been 30 years since Henry and his brother Leon Brown – two innocent and intellectually disabled children – had been convicted and sentenced to death in Robeson County, North Carolina. A case that had captured the country’s attention had come to an end for the two men, who had unflinchingly claimed their innocence for all those years. But Henry, the innocent man at the center of it all, remained solemn.

This month, the Center for Death Penalty Litigation launched an ambitious new online project, Racist Roots: Origins of North Carolina’s Death Penalty. 

The project includes essays, poetry, artwork, commentary, and historical documents that place the state’s death penalty in the context of 400 years of history and expose its deep entanglement with slavery, lynching, Jim Crow, and modern systemic racism. The death penalty, the project contends, is another Confederate monument that North Carolina must tear down. Read the introduction here and then explore the rest of the project at RacistRoots.org

Last week, three Wilmington police officers were fired after being caught on tape making some of the most vile and racist statements imaginable. Unbelievably, their desire to gun down Black people in a race war was just one entry in a litany of shocking and despicable comments. Firing them was a good first step, but we must admit that the problem is far broader. It’s time to unearth the real-life consequences of such racist attitudes.

There have not yet been any reported cases of Coronavirus on North Carolina’s death row, but prisons have emerged as some of the worst hot spots for Covid-19. More than 25,000 cases have so far been diagnosed among U.S. prisoners and the numbers are increasing exponentially. Rayford Burke is 62 years old and has lived on North Carolina’s death row since 1993. In prison, Rayford has taken up writing and become a keen observer of the world. Here we share his most recent work, a poem in honor of Covid-19 first responders.

Last week, the state announced that an unnamed prisoner had become the first person to die from a Covid-19 outbreak at North Carolina Women’s Prison. The person was Faye Brown, and her death is the end of a 45-year story that demonstrates the cruelty and excess of our punishment system. In a humane system, this 67-year-old woman who reformed herself in every way possible would have gotten a second chance at life in the free world. In that world, she would have had at least the possibility of protecting herself from a deadly virus. But in our system, which prides itself on unending punishment at any cost, a life sentence turned into a death sentence.

COVID-19 is teaching society many lessons. One of them is that public safety doesn’t always mean locking people up for as much time as possible. Right now, public safety means letting people go home. With the number of infected prisoners and guards growing quickly, reducing incarcerated populations protects us all — because once the virus spreads inside a prison, it doesn’t stay there. Prisons are like small cities. Many people go in and out every day: staff, defense lawyers, law enforcement, doctors, and many more. If a virus is in a prison, it threatens the free world too. 

Last week, I went to visit a man who has lived on North Carolina’s death row for 19 years. We talked about books and writing and art. He told me about the two plants he dug up from the prison yard and now keeps in his cell. Each morning, he moves them into a patch of light near the window. He plays classical music, because he read that it helps plants grow. As he tends to them, he thinks of his grandmother. He used to tell her she was crazy to talk to her plants. Now, he’s past 50, about the age his grandmother was in his memory, talking to his own plants on death row. He reminded me that our work to end the death penalty isn’t just theoretical. It’s about believing in the possibility of every human life.

The state Supreme Court recently agreed with two separate death row prisoners that questionable evidence was used at their trials. Both will get new chances to present evidence that could exonerate them. These cases highlight the fact that many of North Carolina’s more than 140 death sentences are based on weak and even false evidence.

The failures of our broken criminal legal system don’t just affect the people we incarcerate and condemn to death. The injustice of our system ripples out into the world, affecting countless lives. This weekend, advocates and loved ones of incarcerated people shared their stories at the Carolina Justice Policy Center’s Poetic Justice event. Then, spoken word artists created responsive poems. Here, please read the story shared by attorney Erica Washington, who represents people on death row at the Center for Death Penalty Litigation.

On April 20, 2012, Cumberland County Judge Gregory Weeks issued the first decision under North Carolina’s Racial Justice Act, ruling that racial bias had played a role in Marcus Robinson’s 1991 trial and commuting Mr. Robinson’s death sentence to life imprisonment without parole. Marcus Robinson, an African American man who was eighteen at the time of the crime, was sentenced to death in Cumberland County for the murder of a white person. North Carolina’s Racial Justice Act (RJA), which was narrowly adopted in 2009, authorized relief for death row defendants who could prove that race was a “significant factor” in jury selection, prosecutorial charging decisions, or the imposition of the death penalty.