theGrio

Back to the Top

Main menu

Skip to primary content
Skip to secondary content
  • Home
  • Entertainment
    • Music
    • The Dish
  • Health
    • Ask Dr. Ty
    • Black Men’s Health
    • Black Women and Breast Cancer
    • Back to School Health
  • Living
    • Travel and Leisure
    • Living Forward
    • Books
  • Politics
    • Perry on Politics
  • Sports
  • News
    • Good News
  • Opinion

News

Judge: Race played role in NC death penalty case

by theGrio | April 20, 2012 at 8:42 AM
Comments
Print
black_judge-rejects-plea-deal-for-white-boy.jpg

Related Posts

  • NC governor vetoes death-row racial bias bill
  • From Troy Davis to Mumia: Have we turned a corner on the death penalty?
  • Judge overturns 3 death sentences under Racial Justice Act
  • DA dropping death penalty against Mumia Abu-Jamal
  • NAACP steps up fight to end death penalty in Maryland

EMERY P. DALESIO,Associated Press

FAYETTEVILLE, N.C. (AP) — A condemned killer’s trial was so tainted by the racially influenced decisions of prosecutors that he should be removed from death row and serve a life sentence, a judge ruled Friday in a precedent-setting North Carolina decision.

Superior Court Judge Greg Weeks’ decision in the case of Marcus Robinson comes in the first test of a 2009 state law that allows death row prisoners and capital murder defendants to challenge their sentences or prosecutors’ decisions with statistics and other evidence.

Only Kentucky has a law like North Carolina’s Racial Justice Act, which says the prisoner’s sentence is reduced to life in prison without parole if the claim is successful.

“The Racial Justice Act represents a landmark reform in capital sentencing in our state,” Weeks said in Fayetteville on Friday. “There are those who disagree with this, but it is the law.”

Robinson’s case is the first of more than 150 pending cases to get an evidentiary hearing before a judge. Prosecutors said they planned to challenge Weeks’ decision, and District Attorney Billy West declined further comment.

Weeks ruled race was a factor in prosecution decisions to reject potential black jurors before the murder trial of Robinson, a black man convicted of killing a white teenager in 1991. The jury that convicted Robinson had nine whites, two blacks and one American Indian.

Robinson and co-defendant Roderick Williams Jr. were convicted of murdering 17-year-old Erik Tornblom after the teen gave his killers a ride from a Fayetteville convenience store. Tornblom was forced to drive to a field where he was shot with a sawed-off shotgun.

Robinson came close to death in January 2007, but a judge blocked his scheduled execution. Williams is serving a life sentence.

Central to Robinson’s case was a study by two law Michigan State University professors who reported that, of almost 160 people on North Carolina’s death row, 31 had all-white juries, and 38 had only one person of color.

Study co-author and Michigan State professor Barbara O’Brien told a North Carolina legislative panel last month the review of more than 7,400 potential capital jurors couldn’t find anything other than race to explain why potential black jurors were rejected by prosecutors more than twice as often as whites.

Robinson defense attorney James Ferguson of Charlotte told Weeks, who decided the case without a jury, that the study showed race was a significant factor in almost every one of North Carolina’s prosecutorial districts as prosecutors decided to challenge and eliminate black jurors.

“This case is important because it provides an opportunity for all of us to recognize that race far too often has been a significant factor in jury selection in capital cases,” Ferguson said when the hearing opened in January.

Union County prosecutor Jonathan Perry, who helped the Cumberland County District Attorney’s Office argue the case against Robinson, said the study was untrustworthy because it was based on a too-limited sample of death penalty cases to provide meaningful results. The study also failed to detect numerous nonracial reasons that a person might be struck from a jury, Perry said.

The Republican-led Legislature tried to repeal the Racial Justice Act earlier this year, but lawmakers failed to override a veto by Gov. Beverly Perdue, a Democrat.

Copyright 2012 The Associated Press.

  • george-zimmerman-suited-up-4x3.jpg
    Next Story:

    Trayvon Martin’s parents attend Zimmerman’s bond hearing

  • cosby-nan.png
    Previous Story:

    National Action Network Keepers of the Dream Awards 2012 feature Bill Cosby, John Legend

Filed in: News, Top Stories | Related Topics: Death Row, Judge, Marcus Robinson, North Carolina, Racial Justice Act
  • Learn about our User Panel

    Read More
  • New Stories on theGrio

    • Chief Keef threatens to slap Katy Perry via Twitter Chief Keef threatens to slap Katy Perry via Twitter
    • Warrant for rapper Tim Dog, despite death reports Warrant for rapper Tim Dog, despite death reports
    • Pa. woman convicted in fiance’s wedding day death Pa. woman convicted in fiance’s wedding day death
    • Mayoral candidate ‘endorsed by Jesus’ finishes last Mayoral candidate ‘endorsed by Jesus’ finishes last
    • First lady: ‘I have failed at things’
    • Is hip-hop finally over molly?
    • 4 boss moves to make during Memorial Day weekend
    • Stop and Frisk report: Whites stopped more likely have weapons than blacks
  • What Your Friends Are Reading

  • More from theGrio

More Stories on theGrio

Top News

Politics

  • Transportation Secretary nominee, Charlotte, N.C. Mayor Anthony Foxx testifies on Capitol Hill in Washington, Wednesday, May 22, 2013, before the Senate Commerce, Science and Transportation Committee hearing on his nomination. (AP Photo/Manuel Balce Ceneta)

    Anthony Foxx receives warm reception from senators

  • Obama cites new framework for terror war

  • Obama's 1979 prom photo, yearbook note to 'foxy' friend unearthed

  • Are the Obamas too critical of black Americans?

» Read More in Politics

Business

  • An elderly black couple. © poco_bw – Fotolia.com

    Black Americans retiring earlier, with less savings

  • BlackStartup.com seeks to uplift black businesses

  • Payday loans: A debt trap in disguise

  • Tiger Woods makes a comeback on the course, and in video game sales

» Read More in Business

Living

  • mcdonalds_lottery 1x9

    McDonald's can't shake criticism about nutrition

  • Beyoncé and Rent The Runway launch 'The Beyoncé Boutique'

  • Homeless teen graduates as valedictorian of high school class

  • Memorial Day staycation hotspots!

» Read More in Living

Inspiration

  • Television journalist Robin Roberts poses with her Peabody at the 72nd Annual Peabody Awards at the Waldorf-Astoria on Monday, May 20, 2013 in New York. (Photo by Evan Agostini/Invision/AP)

    Robin Roberts to write memoir about illness

  • Charlotte remembers 1963 desegregation 'eat-in'

  • Tornado survivor saved by teacher

  • Obama speech makes Morehouse grads 'proud'

» Read More in Inspiration

Entertainment

  • Kanye West  (Photo by Pascal Le Segretain/Getty Images)

    The top 5 rap lyrics of the week

  • UK rapper live tweets London knife attack

  • Darius Rucker rides 'Wagon Wheel' to top of charts

  • Janet Jackson officially hits billionaire status

» Read More in Entertainment

News

  • ST LOUIS, MO - SEPTEMBER 16: Quarterback Robert Griffin III #10 of the Washington Redskins watches from the sidelines during the game against the St. Louis Rams at Edward Jones Dome on September 16, 2012 in St Louis, Missouri. (Photo by Jamie Squire/Getty Images)

    Robert Griffin III still aiming for Redskins' opener

  • UCLA awarded $10M grant to study autism in African-Americans

  • Chinua Achebe honored in Nigeria funeral

  • Zimmerman wants Trayvon's pot use referenced

» Read More in News

Main menu

Skip to primary content
Skip to secondary content
  • Politics
  • Living
  • Video
  • Inspire
  • Health
  • Entertainment
  • News
  • Terms of Service
  • Privacy Policy
  • Advertise with TheGrio
  • About
©2013 NBCUniversal
Powered by WordPress.com VIP