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NC Coalition for Alternatives to the Death Penalty

Committed to ending the death penalty and creating a new vision of justice

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Russell Tucker

Learn more: The death penalty is racist

Russell Tucker is an African American man who was sentenced to death in 1996 by an all-white Forsyth County jury. During jury selection, there were five potential African American jurors in the pool, and the prosecutor used discretionary strikes to remove all five. In the 1986 case Batson v. Kentucky, the Supreme Court ruled that removal of jurors on the basis of race violates the Constitution. Russell’s lawyers objected under Batson. The judge found no discrimination.

But the judge did not know the whole story. Years after the trial, as part of the Racial Justice Act, Russell’s lawyers obtained the complete prosecutorial files in his case. They found a copy of a handout from “Top Gun II,” a training course for North Carolina prosecutors. The handout is a cheat sheet designed to help prosecutors violate Batson. During a trial, when the defense objects to the removal of a juror based on Batson, the judge then gives the prosecutor an opportunity to give non-racial reasons for the strike, if they can. By providing a prefabricated list of justifications for strikes, the cheat sheet ensured that prosecutors would always have a reason at the ready, even if their true reason was race.

The handout encourages prosecutors to cite African American jurors’ “rebelliousness,” “air of defiance,” “lack of respect,” “resistance of authority,” and “antagonism,” as reasons they would not make good jurors.

It is clear from Russell’s trial transcript that his prosecutor read from the cheat sheet in court. The prosecutor explained his strike of African American juror Thomas Smalls this way:

This exact language can be found in the handout.

National experts have condemned this cheat sheet. A group of former prosecutors has called it an example of how “some district attorney offices train their prosecutors to deceive judges” as to their race-based motives for striking jurors of color.

Forsyth County has a longstanding problem with racial discrimination in jury selection. Mr. Tucker is one of four Forsyth defendants on death row who was sentenced to death by all-white juries. A recent Wake Forest University study found that Forsyth prosecutors were three times more likely to strike African Americans than white jurors, the highest strike disparity in the state. The statistical study conducted for the Racial Justice Act concluded that in capital cases from 1990 to 2010, Forsyth prosecutors were more than twice as likely to strike African Americans.

Mr. Tucker’s jury discrimination claim is pending in the North Carolina Supreme Court, which will probably decide the case in 2022.

Read more about Mr. Tucker’s case in this Indy Week story. Or read Emancipate NC’s 2022 law review article about his case.

Filed Under: Racial Bias

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NCCADP
3326 Durham-Chapel Hill Blvd.
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Durham, NC 27707
noel@nccadp.org
919-404-7409

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You're invited! We hope you'll join us on June 23 You're invited! We hope you'll join us on June 23 for a webinar featuring some of the top experts who have helped shape North Carolina's death penalty landscape over the past 2 decades.

For nearly 20 years, North Carolina has paused executions while courts, impacted families, and communities across the state have continued grappling with the realities of the death penalty system. What have these two decades revealed?

Featured speakers:
• Henderson Hill, Co-Director of RedressNC, civil rights and capital defense attorney
• Rep. Vernetta Alston, North Carolina Representative and former capital defense attorney
•  Alfred Rivera, North Carolina death row exoneree and activist
•  Dr. Seth Kotch, Associate Professor of American Studies at UNC-Chapel Hill, author of Lethal State: A History of the Death Penalty in North Carolina

Moderated by NCCADP Executive Director Noel Nickle.

💻 20 Years With No Executions: What Have We Learned? (Webinar)
📆 Tuesday, June 23, 12–1:15 PM
📍 Zoom
🔗 Register at bit.ly/nccadpwebinar or at the link in our bio

#NoMoreDeathRow #EndTheDeathPenalty #NorthCarolina #20YearsWithoutExecutions #20thAnniversary #FYP
We're delighted to share that Melissa Boughton (@m We're delighted to share that Melissa Boughton (@melbough) has stepped into a new role as Board Co-Chair of NCCADP, serving alongside Erica Washington (@erica_webber_).

Melissa brings a wealth of experience in communications and advocacy to this role. She currently serves as Communications Director at Southern Coalition for Social Justice and previously led communications at the Wilson Center for Science and Justice at Duke Law School. Before that, she spent more than a decade as a journalist covering courts, criminal legal issues, and some of the most consequential justice stories of our time.

Melissa has long been a valued leader within NCCADP. We're excited for this next chapter of her leadership and grateful for all she contributes to our movement.

We're equally thankful for Erica Washington's longstanding service as board Co-Chair!

As we welcome Melissa into this role, we also extend our deepest thanks to Jennifer Marsh for her years of service as Board Co-Chair. Jennifer's leadership has helped strengthen NCCADP and our movement in countless ways. We are grateful that she will continue serving on the board as Secretary through the end of the year.

Please join us in congratulating Melissa and thanking Jennifer for her leadership!

Photo 1: Melissa Boughton
Photo 2: Erica Washington
Photo 3: Jennifer Marsh

Learn more about our board members at https://nccadp.org/leadership/
📢 NEW COALITION PARTNERS 📢 Please join us in warm 📢 NEW COALITION PARTNERS 📢

Please join us in warmly welcoming NC NAACP (@ncnaacp1) and Deep Time (@deeptimeavl) to NCCADP!

During our spring coalition call, members unanimously voted both new partners into our movement. We're delighted to share that our coalition has now grown to 27 organizations.

The North Carolina State Conference of the NAACP works to “achieve equity, political rights, and social inclusion by advancing policies and practices that expand human and civil rights, eliminate discrimination, and accelerate the well-being, education, and economic security of Black people and all persons of color.” Their longstanding leadership in civil rights advocacy strengthens our shared work to challenge systems of injustice and build a more equitable future.

Deep Time is an Asheville-based coffee roaster and community space “celebrating, employing, and creating spiritual community with people impacted by incarceration.” Their work reflects the transformative possibilities of community-rooted reentry support.

Give these amazing organizations a follow if you haven't already!
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