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Calling Cooper "courageous," executive director of the state's ACLU noted that with this decision, the Democrat "has commuted more death sentences than any governor in North Carolina's history."
Death penalty abolitionists are praising former North Carolina Gov. Roy Cooper for one of his final actions in office: The Democrat on Tuesday commuted the sentences of 15 men on death row to life in prison without the possibility of parole.
Term-limited Cooper—who passed the torch to Democratic Gov. Josh Stein on Wednesday after eight years in office—announced the decision following a campaign by racial justice advocates and outgoing President Joe Biden's decision last week to commute the sentences of 37 people on federal death row to counter an expected killing spree under President-elect Donald Trump.
Although no executions have occurred in North Carolina in nearly two decades due to ongoing litigation, Cooper received clemency petitions from 89 of the 136 people on death row in the state, according to his office. After reviewing each case, the governor—who previously served as the state's attorney general for 16 years—granted 15.
"These reviews are among the most difficult decisions a governor can make, and the death penalty is the most severe sentence that the state can impose," Cooper said in a statement. "After thorough review, reflection, and prayer, I concluded that the death sentence imposed on these 15 people should be commuted, while ensuring they will spend the rest of their lives in prison."
Big news in North Carolina: Governor Cooper, on his final day in office, commuted the sentences of 15 people on death row. (That's roughly 10% of the state's row.) www.npr.org/2024/12/31/g... We had reported last year on the urgent campaign to get Cooper to commute on his way out:
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— Taniel ( @taniel.bsky.social) December 31, 2024 at 7:35 PM
Welcoming the announcement, Chantal Stevens, executive director of ACLU of North Carolina, said that "with this action, Gov. Cooper has commuted more death sentences than any governor in North Carolina's history and joins the ranks of a group of courageous leaders who used their executive authority to address the failed death penalty."
"We have long known that the death penalty in North Carolina is racially biased, unjust, and immoral, and the governor's actions today pave the way for our state to move towards a new era of justice," Stevens continued. "This historic decision, following President Biden's decision to commute the sentences of 37 people on federal death row, reflects growing recognition that the death penalty belongs in our past, not our future."
"With 121 people still on death row in our state, we know there is much more work to be done to realize that vision, and the ACLU of North Carolina will continue to advocate for the end of the death penalty once and for all," she added.
Thank you Gov. Roy Cooper for sparing 15 lives from the death penalty. The carceral system should not be allowed to use taxpayer dollars to put people to death – it's the cruelest and only irreversible punishment. #ncpol www.cbs17.com/news/north-c...
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— Prison Policy Initiative ( @prisonpolicy.bsky.social) December 31, 2024 at 4:32 PM
Stevens' group as well as the national ACLU's Capital Punishment Project, the Center for Death Penalty Litigation (CDPL), the Legal Defense Fund (LDF), and Durham attorney Jay H. Ferguson have represented Hasson Bacote, who brought the lead case challenging the death penalty under North Carolina's Racial Justice Act (RJA).
Bacote, a 38-year-old Black man convicted of first-degree murder in Johnston County in 2009, was among those who had their sentences commuted on Wednesday. According to Cooper's office, the other 14 men are:
"We are thrilled for Mr. Bacote and the other... people on death row who had their sentences commuted by Gov. Cooper today," said Cassandra Stubbs, director of the ACLU's Capital Punishment Project. "This decision is a historic step towards ending the death penalty in North Carolina, but the fight for justice does not end here. We remain hopeful that the court will issue a ruling under the state's Racial Justice Act in Mr. Bacote's case that we can leverage for relief for the many others that still remain on death row."
The North Carolina General Assembly passed the RJA, which barred seeking or imposing the death penalty based on race, in 2009. Although state legislators then repealed the law in 2013, the North Carolina Supreme Court ruled in 2020 that those who had already filed claims under it should still receive hearings.
Bacote's evidentiary hearing began last February, and the court heard closing arguments in August. LDF senior counsel Ashley Burrell noted Tuesday that "the RJA hearing demonstrated that racial bias infiltrates all death penalty cases in North Carolina, not just Mr. Bacote's and those in Johnston County."
Shelagh Kenney, deputy director of the Durham-based CDPL, similarly said that "Mr. Bacote brought forth unequivocal evidence, unlike any that’s ever been presented in a North Carolina courtroom, that the death penalty is racist."
"Through years of investigation and the examination of thousands of pages of documents, his case revealed a deep entanglement between the death penalty and North Carolina's history of segregation and racial terror," Kenney added. "We are happy Mr. Bacote got the relief he deserves, and we hope Gov. Cooper's action will be a step toward ending North Carolina's racist and error-prone death penalty for good."
NC Newslinereported that "the commutations came as inmates in North Carolina face a ticking clock on the death penalty, which has been on hold for nearly 20 years amid challenges to the punishment's legality. Should the courts in North Carolina rule against those challenges, executions could resume with haste, as dozens of the state's death row inmates have exhausted all other avenues for appeal."
Separately on Tuesday, Cooper announced commutations for 54-year-old Brian Fuller, who has served 27 years after being convicted of second-degree murder in Rockingham County, and 63-year-old Joseph Bromfield, 63, who has served 34 years after being convicted of first-degree murder in Cumberland County. They will both become parole eligible immediately.
Cooper also pardoned 43-year-old Brandon Wallace, who was convicted of conspiracy to traffic cocaine and marijuana in Lee County in 2007, and 53-year-old John "Jack" Campbell, who was convicted of selling cocaine in Wake County in 1984
The decisions capped off Cooper's two terms as governor, during which he often had to contend with Republicans' veto-proof legislative majorities. Due to that experience, the Democrat frequently faces speculation that he may pursue federal office.
"If you're going to run for public office again, you must have your heart and soul in it, you must have the fire in the belly," Cooper
toldThe Associated Press in December, explaining that he plans to spend the next few months considering his future. "I'm going to think about how I can best contribute to the things that I care about."
"In the last six months of his first term, President Trump executed 13 individuals—more than any administration in 120 years," one critic noted.
Republican U.S. President-elect Donald Trump vowed Tuesday that his administration will "vigorously" use capital punishment as part of his "make America safe again" agenda, despite copious evidence that the death penalty does not deter crime, is racially biased, and results in wrongful executions.
Responding to Democratic President Joe Biden's Monday commutation of 37 federal death sentences—an action that cannot be reversed—Trump took to his Truth Social platform to condemn the move.
"Joe Biden just commuted the Death Sentence on 37 of the worst killers in our Country," Trump fumed. "When you hear the acts of each, you won't believe that he did this. Makes no sense. Relatives and friends are further devastated. They can't believe this is happening!"
"As soon as I am inaugurated, I will direct the Justice Department to vigorously pursue the death penalty to protect American families and children from violent rapists, murderers, and monsters," Trump said in a separate Truth Social post. "We will be a Nation of Law and Order again!"
ACLU executive director Anthony Romero called Biden's move "the most consequential step of any president in our history to address the immoral and unconstitutional harms of capital punishment" and a bulwark against Trump, who "has a proven penchant and track record of conducting rushed executions."
"In the last six months of his first term, President Trump executed 13 individuals—more than any administration in 120 years," Romero noted.
Death penalty foes are particularly worried about Trump's campaign promise to seek federal death sentences for crimes other than murder.
"When I am back in the White House, I will immediately end the Biden border nightmare that traffickers are using to exploit vulnerable women and children," Trump said in July 2023. "I will urge Congress to ensure that anyone caught trafficking children across our border receives the death penalty immediately."
There is a higher likelihood of a compliant Congress given Republicans will control both the Senate and House of Representatives.
"We're going to be asking everyone who sells drugs, gets caught selling drugs, to receive the death penalty for their heinous acts," Trump said earlier while announcing his 2024 run for president.
During his first term, Trump praised then-Philippines President Rodrigo Duterte, who oversaw the extrajudicial execution of thousands of drug dealers and users, for doing "an unbelievable job on the drug problem."
In 1994, then-President Bill Clinton signed into law the Violent Crime Control and Law Enforcement Act—commonly known as the Crime Bill—which expanded the federal death penalty to approximately 60 crimes, including three that do not involve murder: espionage, treason, and large-scale drug trafficking. In addition to Republicans and mainstream Democrats like Biden, then a senator, the legislation had the support of progressives including then-Rep. Bernie Sanders (I-Vt.).
Trump's enthusiastic embrace of capital punishment comes amid an international and national trend toward abolition. Twenty-three U.S. states and the District of Columbia have abolished the death penalty, while five other states have gubernatorial holds on executions. In 2021, Biden's Justice Department paused federal executions.
However, Biden never succeeded in his campaign goal of pushing Congress to end the federal death penalty and2024 also saw a
surge in executions in Republican-controlled states.
"President Biden has taken the most consequential step of any president in our history to address the immoral and unconstitutional harms of capital punishment," said the ACLU's executive director.
President Joe Biden on Monday commuted the sentences of 37 people on federal death row, preempting an expected killing spree by President-elect Donald Trump—who ended his first White House term with a string of executions and campaigned on expanding the death penalty.
Biden's decision empties federal death row with the exception of three people: Dylann Roof, Robert Bowers, and Dzhokhar Tsarnaev.
The 37 people whose sentences were commuted will receive life in prison without the possibility of parole. One of the individuals whose sentence was commuted was Billie Jerome Allen, who has spent more than half of his life on federal death row after being convicted at 19 years old of a crime he says he did not commit.
"These commutations are consistent with the moratorium my administration has imposed on federal executions, in cases other than terrorism and hate-motivated mass murder," said Biden.
The president added that he is "more convinced than ever" that the U.S. must "stop the use of" capital punishment at the federal level.
"In good conscience," Biden said, "I cannot stand back and let a new administration resume executions that I halted."
Chris Geidner, publisher of Law Dork, noted Monday that the commutations "show a different man at the end of his time in elected office than the one who supported greatly expanding the federal criminal justice system during his decades in the Senate."
"It is a record that led to much skepticism when, as a candidate for president in 2020, Biden pledged to eliminate the federal death penalty," Geidner added.
The president's latest use of his clemency power in the waning days of his White House term came after a monthslong pressure campaign by principled opponents of the death penalty, including progressive lawmakers, human rights organizations, religious leaders, and former federal judges.
Anthony Romero, executive director of the ACLU, applauded Biden's move Monday as "a historic and courageous step in addressing the failed death penalty in the United States—bringing us much closer to outlawing the barbaric practice once again."
"By commuting the sentences of 37 individuals on death row, President Biden has taken the most consequential step of any president in our history to address the immoral and unconstitutional harms of capital punishment," said Romero. "President Biden's actions also remove 37 individuals out of harm's way—as President-elect Trump has a proven penchant and track record of conducting rushed executions. In the last six months of his first term, President Trump executed 13 individuals—more than any administration in 120 years."
"The ACLU is proud to join countless advocates and civil and human rights organizations in thanking President Biden for his leadership and commitment to the highest principles of justice and humanity," Romero added.
The Equal Justice Initiative (EJI) said Monday that Biden's move "marks what could become a turning point in the history of capital punishment in the United States."
"Thirty years ago, then-Sen. Joe Biden championed the death penalty and took personal credit for dramatically expanding the number of crimes for which the death penalty could be imposed," the group said in a statement. "However, over the last three decades, troubling errors have emerged surrounding the use of capital punishment. Scores of wrongful convictions of innocent people, dramatic evidence of racial bias, and sometimes torturous executions have come to define the death penalty."
"There are now 200 people who have been proved innocent and released after being sentenced to death in the United States, some facing execution for decades before their exoneration," EJI added. "For every eight people executed in the last 50 years, one innocent person has been identified and set free. It is a shocking rate of lethal error that would likely be unacceptable in any other area of public safety, public health, or government oversight."
Paul O'Brien, executive director of Amnesty International USA, urged Biden to fully clear federal death row before leaving office.
"While this is a big win for human rights and the 37 men who have had their death sentences commuted, the death penalty is never the answer," said O'Brien. "Close to three-quarters of the countries in the world have now abolished the death penalty in law or practice... It is high time to end this cruel practice everywhere in the United States and beyond."
This story has been updated to include a statement from Amnesty International USA.