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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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3326 Durham-Chapel Hill Blvd.
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On April 25, NCCADP gathered with impacted communi On April 25, NCCADP gathered with impacted community members in Winston-Salem for Returning to the Circle, a restorative gathering for collective healing. Unlike many of our public-facing programs, this day was not centered on advocacy or education for others. Instead, it was centered on the people who so often carry that work themselves.

Throughout the day, participants ate and sang together, created art, joined restorative Circles, and spent time with one another. 

This work matters because movements cannot survive on urgency alone. Restorative justice reminds us that taking care of our community is intrinsic to the work of ending the death penalty. It is how we build a different future.

Special thanks to so many people who helped to make this gathering possible – Lynda Simmons, Leah Wilson-Hartgrove, Jodi McLaren, Shannon Gigliotti, Brenda Hooks, the Hartgrove family, each and every volunteer who made the event happen, Rev. Nathan Parrish and Peace Haven Baptist Church, and of course, everyone who joined us for this special day.
You can't separate the death penalty from racism. You can't separate the death penalty from racism. Alfred Rivera, an NC death row exoneree, explains why.

#EndTheDeathPenalty #NoMoreDeathRow #NorthCarolina #Abolition #SocialJustice #AlfredRivera #Exoneration #WrongfulConviction #DeathPenalty
You're invited! Please join us for a virtual info You're invited! Please join us for a virtual info session to learn about the state of the death penalty in North Carolina, the work of NCCADP, and how you can get involved. This hour-long conversation is a chance to connect with others across the state and find your place in the movement to end capital punishment.

📆  Monday, May 11, 7 PM
📍 Zoom
🔗  Register at bit.ly/NCCADPMay2026

The movement needs you. Start here.
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