| Capital case law intact amid talk of compromise (NC) |
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January 6, 2012 By Craig Jarvis The News & Observer (Raleigh) RALEIGH In the end, the Republican leadership of the state House wasn't able to line up enough votes on Wednesday to override the governor's veto of Senate Bill 9, the legislation aimed at preventing death-row inmates from using statistical evidence of racial bias to reduce their sentences to life without parole. That leaves the two-year-old Racial Justice Act as the law of the land for now. But its future is still uncertain. Republicans sent the bill to a judiciary committee, where it can remain in the wings in case they want to spring it for a future override vote. At the same time, House Speaker Thom Tillis created a new committee - the House Select Committee on Racial Discrimination in Capital Cases - to see if a compromise can be reached, either by reworking SB9 or coming up with a new bill. The outcome disappointed both sides but also gave them reason to hope. "I was disappointed we didn't get the matter resolved last night," Wake County District Attorney Colon Willoughby said Thursday. "I think that many of our legislators have realized that the Racial Justice Act is not what it was purported to be, and I believe that they're committed to fixing the problem, one way or the other." More skeptical was Sen. Floyd McKissick, a Durham Democrat, who was the primary sponsor of the Racial Justice Act and is chairman of the black caucus in the General Assembly. "Perhaps they think they can override the governor's veto at some point in the future," McKissick said. "If that's their tactic, then I think this is purely a ploy. On the other hand, if they're sincere about it, then I think I'd be at the top of the list of people they'd want to contact." But McKissick said opponents of the Racial Justice Act have never approached him to talk about compromises. "There was plenty of time for them to take some action before that bill came up the first time for a vote," he said. The state's prosecutors and GOP legislators oppose the Racial Justice Act on several grounds: that statistics are irrelevant in individual cases, even white murderers have filed claims under the act, hearings on the claims could tie up the court system and be costly, and that death-row inmates could be paroled. Supporters counter: Most legal scholars and case law makes it clear parole isn't an option, only a handful of test cases are proceeding in the courts, and that statistics show clear evidence of bias across the state and in individual regions. The unexpected, late-night attempt to find a compromise Wednesday came after Republicans couldn't muster enough votes for an override. Tillis and his staff had been aggressively seeking the support of conservative-leaning Democrats and had a sympathetic ear in Rep. William Brisson, a Democrat representing Bladen and Cumberland counties, and Rep. Jim Crawford, a Democrat from Oxford. They knew that Tillis wanted some way to salvage SB9. The two conservative Democrats said they think the intent of the Racial Justice Act is important - ensuring there is no racial bias in prosecution or sentencing in death-penalty cases - but they didn't want to ignore the concerns of nearly all the district attorneys in the state. "We just felt like it would be smarter to see if we couldn't correct some of the problems with it (SB9)," Crawford said Thursday. "I'd like to see legislation introduced that would correct any problems. Also, [waiting] would give the bill (the Racial Justice Act) a chance to work, to see if the courts will clear up some of the problems." A test case under the act is proceeding in Cumberland County, where the first evidentiary hearing will be held on Jan. 30. Crawford and Brisson were among five Democrats who worked with Republicans on several issues last year and broke ranks with their own party to pass the GOP budget. Tillis later named Crawford chairman of the powerful appropriations committee. By a one-vote margin, Republicans early Thursday did override the veto of a bill that took some funding away from the state's teachers' association. Crawford and Brisson were the only Democrats who voted for the override, prompting a lobbyist for the association to accuse them of striking a deal with GOP leaders in exchange for the Racial Justice Act compromise. Crawford said there was no agreement. "No, it didn't have anything to do with any deals at all," Crawford said. "We were just trying to work out something agreeable to all the parties." In creating the new capital case discrimination committee, Tillis appointed six Republicans and four Democrats. There are no plans yet for its first meeting, but Brisson said he hoped the committee would have something to propose during the short session in May. Tillis elaborated on the idea briefly with reporters on Wednesday night, saying some Democrats had suggested there was a way to find a compromise. "Some of them have said if we override the Racial Justice Act that maybe we'd never hear about it again and maybe we wouldn't take it up," Tillis said. "Now that we've established a select committee to talk about the specific issues and maybe resolve what I feel are very valid and profound concerns that the district attorneys have expressed, if we can come to a compromise we may never see that veto (override vote) come up. I hope we can." Jarvis: 919-829-4576, This e-mail address is being protected from spambots. You need JavaScript enabled to view it http://www.newsobserver.com/2012/01/06/1756683/capital-case-law-intact-amid-talk.html
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