July 14
NORTH CAROLINA: NC African-American Leaders Push for Moratorium Vote 9 prominent African-American leaders in North Carolina, led by internationally acclaimed historian John Hope Franklin, called on Governor Mike Easley and House Speakers Jim Black and Richard Morgan to do all in their power to ensure that the State House of Representatives debate and vote on legislation to suspend executions for 2 years. "The recent highly-publicized exonerations demonstrate North Carolina's system of capital punishment is flawed and in need of careful study and reform," Franklin said in a July 13 letter to Easley, Black, and Morgan. The State Senate passed a moratorium bill last year and it has been in the House Rules Committee since then, despite having the support of a majority of members of the House and widespread public support across the state. The letter does not ask Easley, Black, and Morgan to personally support the moratorium. It urges them to make sure that the democratic process is allowed to work and that the issue receives the fair hearing it deserves. "These extraordinary people have spent their entire lives fighting for civil rights, justice and fairness for all of North Carolina's citizens," said David Neal, spokesperson for the NC Coalition for a Moratorium. "Our elected officials need to listen to these powerful voices and allow the people's representatives to vote on a moratorium this session." The letter comes on the heels of pleas from 8 former North Carolina Supreme Court Justices; The NC Black Leadership Caucus, The Legislative Black Caucus, the NAACP of NC, and the Triangle Urban League; 34 state religious leaders; and 21 murder victims' family members for the House leadership to allow the moratorium bill to come to a vote this session. The letter follows. July 13, 2004 The Hon. Mike Easley Governor, State of North Carolina The Hon. James B. Black Co-Speaker, House of Representatives The Hon. Richard Morgan Co-Speaker, House of Representatives Dear Governor Easley, Speaker Black and Speaker Morgan, Strongly and respectfully, we are writing to urge you to use your influence and positions of leadership to bring SB 972 up for a vote this session before the full House of Representatives. The highly-publicized exonerations of death row inmates demonstrate that North Carolina's system of capital punishment is flawed and in need of careful study and reform. These cases do not reflect a system that is working properly. Quite the contrary, they show the urgent need for a suspension of executions while we examine ways to prevent more miscarriages of justice that could result in the execution of an innocent person. All we are asking in this letter is that you support the 2-year suspension of executions. We are simply pleading with you to make sure this vitally important legislation is thoroughly debated and considered by the full House before this session adjourns. We share with you pride in this state. We also share a deep appreciation for its rich history, and an abiding desire to provide a legacy of justice and fairness for all of our citizens. Allowing SB 972 to come for a vote this session will illustrate that desire. Respectfully yours, John Hope Franklin Maya Angelou Daniel T. Blue Jr. Julius Chambers Eva Clayton Henry E. Frye Sr. Harvey Gantt Maceo K. Sloan Richard "Stick" Williams (source: People of Faith Against the Death Penalty) GEORGIA: Attorneys want lie detector admitted in death penalty trial Lawyers for a Laurens County man accused in the murder of an elderly Dudley man argued Tuesday before the state Supreme Court that the results of a lie-detector test should be used if the trial reaches the sentencing phase. Marvin Height is accused in the January 2001 slaying of 78-year-old Lorange Wood, who was found dead at his store in Dudley. Height, who faces the death penalty if convicted, is being held at the Laurens County jail while he awaits trial. A trial date has not been set. Height's attorneys want the results of a lie-detector test, which Height passed, to be used as evidence in the penalty phase of the trial. The state of Georgia does not allow results from lie-detector tests to be used as evidence in trials, but defense attorneys said a trial judge has the authority to determine whether to allow a polygraph test's results when it comes to sentencing. "Whether a polygraph is reliable is still debatable," said Michael Garrett, an attorney for Height. "But the Eighth Amendment gives a defendant the right to present mitigating evidence." But Peter Fred Larsen, chief assistant district attorney for Laurens County, said a trial judge cannot decide whether to admit a lie-detector test. Additionally, the polygraph expert who administered Height's test said its results were some of the most inaccurate she had ever produced. The results of a lie-detector test could only be admitted as evidence if they point to a defendant's character, his criminal record or the circumstances of the case, and Height's results do none of those 3, Larsen said. According to testimony in a Superior Court hearing in August, Height claimed he found Wood dead in his store but had nothing to do with the slaying. He said he did not report it, and attempted to hide evidence because he feared he would be blamed. Height lived within 100 yards of Wood's store and often worked odd jobs for him. Prosecuting and defense attorneys were granted a request Tuesday to file supplemental briefs to the Supreme Court. After the briefs are filed, the court will release a timeline of when it will issue a ruling. (source: Macon Telegraph)
