| Perdue talks to victims' families (NC) |
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December 13, 2011 By Lynn Bonner The News & Observer (Raleigh) Gov. Bev Perdue heard from the families of murder victims Monday - both their emotional stories of lives lost to violence and their arguments for and against the state's Racial Justice Act. On Monday morning, Perdue met with families of victims who want to keep the law that allows death-row inmates to use statistical evidence of racial bias to challenge their sentences. Then, district attorneys and families who want the law overturned met with the governor Monday afternoon. Attention is on Perdue as she considers what to do about a bill that essentially repeals the Racial Justice Act, a law she approved with a flourish two years ago, when the then Democratic-controlled legislature passed it. But with a Senate vote two weeks ago, the current Republican-led legislature approved a bill that changes the substance of the law. Perdue's decision, coming as she prepares to run for re-election, could be politically volatile. The governor has until Dec. 29 to veto or sign the bill. She also has the option of letting the bill become law without her signature. The Racial Justice Act has the support of many stalwart Democrats, but Republicans used Democrats' votes for it to pummel them in last year's legislative contests. Rep. Bill Faison, a Democrat who has been critical of Perdue, sent out a statement urging her to turn back Republicans' attempts. At a news conference Monday, the parents and sisters of murder victims said justice is strengthened by assurances that trials and death sentences aren't tainted by racism. Andre Smith of Raleigh, whose son Daniel was killed in December 2007, said the law would not let murderers go free. Those with successful challenges would have their sentences commuted to life without parole. "It's important to understand that if you did the crime, you do the time," he said. Prosecutors' concerns The state's district attorneys, however, say that some inmates on death row could become eligible for parole. They pressed the Senate to approve overhauling the law, with Marcus Robinson, convicted of murder in Cumberland County, scheduled to have his Racial Justice Act claim heard in court. Robinson's mother, Shirley Burns, was in Raleigh on Monday. She also talked about another son, Curtis Lamar Green, who was murdered in 2006. The man who killed Green was sentenced for second-degree murder, she said. Robinson said she is certain that racism played a role in Robinson's sentence. Robinson is black and his victim was white. "We want true justice," she said. Nearly all of the state's death row inmates are seeking hearings under the new law. Prosecutors argue that this is evidence that the law is being misused. In the Monday afternoon session, Perdue heard from Bill Magness, who was shot and his 77-year-old wife, Anne, was killed in April 2008 as they tried to deliver a meal to a 64-year-old man in Forsyth County. Magness said race had nothing to do with the trial or sentence of the man convicted, Timothy Hartford. Hartford is white, as was Anne Magness. Magness said it is not fair that Hartford can use statistics from another county to try to overturn his death sentence. "I feel that each individual has the right to contest either the jury or the prosecution or what went on in their own individual trial, but not to be able to use data from a trial four counties away," Magness said. Racial Justice Act hearings will tie up the courts for decades, said Forsyth District Attorney Jim O'Neill. "It's just another kick in the stomach to families of murder victims around the state," he said. Bonner: 919-829-4821, This e-mail address is being protected from spambots. You need JavaScript enabled to view it http://www.newsobserver.com/2011/12/13/1707446/perdue-talks-to-victims-families.html
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