Gov. Hunt Commutes Carter's Sentence; Committee Calls for Moratorium

Hunt took Marcus Carter Jr. off death row Tuesday and commuted his sentence to life in prison without parole. Convicted in 1992 of the 1989 murder and attempted rape of Amelia Lewis of Goldsboro, Carter was scheduled to be executed by lethal injection at 2 a.m. this morning.

A press release from the governor's office stated that Hunt still believes Carter is guilty of the crimes he committed, but that there were questions about the fairness of the trial.

"I am confident that Marcus Carter is guilty of the crime for which he was sentenced, and I also believe that he was mentally competent when he committed the crime and when he stood trial," Hunt stated in the press release.

"But in cases where capital punishment could be imposed, we must go the extra mile to assure there is a fair trial. In the case of Marcus Carter, I am convinced that the overall circumstances of this case put that in question."

The governor's office refused to comment any further on the nature of the circumstances that made Carter's death sentence questionable.

Sen. Frank Ballance, D-Bertie, said Hunt made his decision based on the evidence alone. Ballance said the fact that Hunt's term as governor is nearing its close did not affect his decision.

But he added that a current social atmosphere promoting death row fairness and the efforts of anti-death penalty groups caused Hunt to be extra careful when reviewing the evidence.

A legislative commission co-chaired by Ballance recommended Tuesday that North Carolina join 13 other states in banning the execution of the mentally ill and putting a temporary halt to the death penalty. The action came just hours before Hunt commuted Carter's death sentence.

Although the commission will not approve a final report until next month, it voted unanimously to include a proposal banning the execution of anyone with an IQ of 70 or below - the accepted standard for mental retardation.

The group also agreed that a moratorium on the death penalty should be included in its final recommendations to the N.C. General Assembly, along with a proposal that would discourage prosecutors in capital cases from selecting or dismissing potential jurors based on their race.

Faye Booker, Carter's cousin and a distant relative of Amelia Lewis, said she was thankful Hunt stopped the execution. "We really wanted a retrial or clemency, but I am still thankful," she said.

Patrick Frye, UNC student body treasurer and member of People of Faith Against the Death Penalty, said that in addition to being opposed to the death penalty in general, he specifically opposed it in Carter's case because he believed Carter did not receive a fair trial.

Carter's first trial, in 1991, ended with a hung jury. He represented himself in his second trial and was convicted of first-degree murder and attempted second-degree rape and sentenced to death. Carter's supporters claim that he was forced to fire his negligent lawyers shortly before the second trial.

Hunt commuted a death sentence for Wendell Flowers last December - the only other time he has taken an inmate off death row during his historic four terms in office.

Tuesday night, a planned vigil to pray for Marcus Carter in Carroll Hall turned into a celebratory gathering. Prayers of various faiths were said, and several speakers voiced their opposition to the death penalty. Nearly 50 people attended the event.

The Associated Press contributed

to this story.

The State & National Editor can be reached at stntdesk@unc.edu.