Bill omits death penalty moratorium

Against the best efforts of many in the N.C. General Assembly, executions likely will continue in North Carolina.

A bill proposed March 7 in the N.C. House called for both a two-year study and moratorium on the death penalty across the state.

But an amendment passed Tuesday in the House Judiciary I Committee drastically changed the legislation, removing the two-year halt on executions.

Instead, the amendment allows for those sentenced to death to apply for postponement for the duration of the study.

To qualify for a postponement, convicts on death row must display some credible evidence that pertains to the study.

The amendment came after the bill faced much scrutiny for erasing the death penalty for all convicts for two years.

Several detractors, including Rep. John Blust, R-Guilford, felt this was an unacceptable tactic to be used by the bill’s supporters.

“They’re trying to link something that everyone wants, which is the study, with something that is far less palatable,” Blust said. “They know that they won’t get one without the other.”

There are many who support the study, hoping to prevent such incidents as that of Alan Gell.

Convicted of murdering Allen Ray Jenkins in 1995, Gell was sentenced to death in 1998. He was freed in 2005 after it was found he was innocent of all charges.

House Majority Whip Larry Bell, D-Sampson, said he and many others would like to see the bill back in its original form to protect such individuals.

“I don’t think there’s any doubt that the (black) caucus members support a two-year moratorium on the death penalty,” he said. “I hope that (House members) … move in the direction of the caucus.”

But cases such as Gell’s can serve as an example that the system works, Blust said.

“There are so many checks in the system,” he said. “If there is any question in anyone’s mind, the governor can pull the plug.”

The change in the language might be necessary for the legislation to be accepted, said Rep. Deborah Ross, D-Wake.

“It has a better chance of passing,” she said. “I am hopeful.”

A vote on the bill was delayed before the June 2 crossover deadline, and it has been in four committees in about a month.

Even with Tuesday’s decision, the bill’s future remains unclear.

“I haven’t studied it enough to make a final decision,” said Rep. Bonner Stiller, R-Brunswick. “I wasn’t opposed to a study of the situation but had some opposition to a moratorium.”

Such an issue deserves careful consideration, he said.

“No one wants an innocent person to be penalized, much less put to death.”

Contact the State & National Editor at stntdesk@unc.edu.