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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."
"The petrochemical industry and its toxic products pose an urgent threat to human health and the global climate," a campaigner said.
Environmental and policy groups on Tuesday called for financial institutions to stop funding the U.S. petrochemical industry.
Break Free from Plastic, Friends of the Earth, the Center for International Environmental Law (CIEL), and the Texas Campaign for the Environment issued a 39-page report, Exiting Petrochemicals, that they called a "guide" for financial institutions to divest from the industry.
Petrochemicals are made from fossil fuels and are the basis for a wide array of industrial feedstocks and end products, mostly in plastics or fertilizers. The products drive climate change and harm public health throughout their life cycle, from the frontline communities—disproportionately marginalized and low-income—where fuels are extracted to the oceans and human bodies where microplastics, for example, end up.
The report calls for financial institutions—banks, investment firms, and insurance companies—to stop funding fracking, rapidly phase out all fossil fuel financing, and require petrochemical clients to publicly release transition plans. It also calls for an immediate halt on the financing of new petrochemical projects, about 120 of which are currently planned in the U.S., mostly in the Gulf and the Ohio River Valley.
"The communities most impacted by these developments, often low-income and communities of color, bear the brunt of pollution and health risks," Sharon Lavigne, executive director of RISE St. James, a campaign group in Louisiana, said in a statement.
"We must hold financial institutions accountable for their role in financing these harmful projects," Lavigne added. "It's time to stop funding environmental racism and start investing in a cleaner, safer future for everyone."
Diane Wilson, the executive director of the San Antonio Bay Estuarine Waterkeeper and a fourth-generation fisher, said the industry had already had a negative impact on her area.
"Given the terrible damage that I have seen corporations like Formosa Plastics do to communities, workers, fisheries, bays, and fishermen, the line has to be drawn: No more funding for plastics and petrochemicals!" she said.
Brandon Marks, a CIEL campaigner, summarized the problems the report seeks to address: "The petrochemical industry and its toxic products pose an urgent threat to human health and the global climate."
Source: "Exiting Petrochemicals" report (2024)
Primary plastics production accounted for 5.3% of global greenhouse gas emissions as of 2019—more than commercial aviation and international shipping combined, according to the report.
Fertilizers are also a major emissions source, especially those used in cornfields. Synthetic nitrogen fertilizers derived from fossil fuels account for an estimated 2-5% of total global emissions.
In total, the U.S. petrochemical industry alone releases roughly the emissions equivalent of 40 coal-fired power plants every year, the report says.
The climate impact, however, is only part of the problem, as the report details.
"Petrochemical production releases carcinogenic and other highly toxic substances into the air, exposing fenceline communities to higher risks of cancer, leukemia, reproductive and developmental problems, nervous system impairment, and genetic impacts," the authors wrote in the executive summary.
"Petrochemical production also pollutes waterways with contaminated wastewater," they continued. "In fact, Formosa Plastics was fined $50 million in 2019 for illegally discharging plastic pollution into Texas waterways and another $19.2 million as of June 2024 for continuing violations."
Fossil fertilizers also pose major risks, endangering farmworkers, polluting drinking water, and causing dead zones in marine environments like the Gulf of Mexico, the report says.
Two-thirds of the people living on the fenceline of petrochemical projects are from marginalized racial backgrounds, making these groups disproportionately represented—they make up only 39% of the U.S. population, according to the report.
The authors also put forth the business case against financing the petrochemical industry, arguing that new regulations and decreased demand will make petrochemical plants stranded assets.
"Choosing to finance and insure these projects is not just irresponsible; it's a poor investment," Marks of CIEL said. "Banks, insurers, and investors must stop financing petrochemicals now."
"Felony disenfranchisement echoes policies of the past, like poll taxes and literacy tests," an advocate said.
The Sentencing Project on Thursday released a report estimating that 4 million U.S. adults are ineligible to vote in the 2024 election due to felony disenfranchisement, including a disproportionate number of people of color.
The research and advocacy group's 40-page report, Locked Out 2024, finds that 1.7% of adults nationwide are disenfranchised due to felony voting bans, and in certain states—including swing states that could decide the presidential race—that figure is far higher.
Advocates for restoring voting rights to people with felonies argue that disenfranchisement laws are racist and undemocratic.
"Felony disenfranchisement remains a critical barrier to full civic participation, particularly for communities of color," Kara Gotsch, executive director of the Sentencing Project, said in a statement.
"Felony disenfranchisement echoes policies of the past, like poll taxes and literacy tests," she added. "Felony voting bans keep communities that have been historically unheard and under-resourced from having equal representation in our democracy. It's time to guarantee voting rights for all, including those with felony convictions, to create a truly inclusive democracy."
Source: The Sentencing Project
Gotsch noted that there's been progress in many states in recent years, leading to decreased national figures. Felony disenfranchisement peaked in the 2010s; a 2016 report from the Sentencing Project estimated the national figure at 5.9 million. The current 4 million figure represents a 31% decline over 7 years.
Democratic-controlled states have generally instituted more reforms, though some Republican-led states have also done so.
The only states that don't restrict voting while in prison—or at any time thereafter, for convicted felons—are Maine and Vermont; Puerto Rico and Washington, D.C. have the same policy.
Tennessee has the highest percentage of felony disenfranchisement at 7.68% of the adult population.
Florida has the second highest percentage—6.13%—and the highest number of disenfranchised people in absolute terms, at an estimated 961,757, accounting for nearly a quarter of the national total. Florida's Electoral College tally is expected to go to Republican presidential nominee Donald Trump—himself a felon awaiting sentencing—in the election, though the race there remains competitive.
Floridians voted in favor of a referendum to restore voting rights to felons in most cases in 2018, which progressives considered a monumental victory. However, the following year, the Republican-led state Legislature teamed with Republican Gov. Ron DeSantis to weaken the outcome by instituting a law requiring that court fees be paid before reinstatement—they "re-disenfranchised" the majority of those whose rights had been restored, according to the Sentencing Project report. A federal appeals court upheld the Republican law.
Two states that could be even more competitive in next month's presidential election are also deeply affected by felony disenfranchisement. Arizona disenfranchises 4.2% of its adults, while Georgia prevents 3.25% from voting, according to the report.
In each of the four states mentioned, the percentage of Black adults who are disenfranchised is far higher than the overall, cross-racial percentage, as is true at the national level: While 1.7% of U.S. adults are disenfranchised, 4.5% of Black adults are. In Florida, 12.74% of Black people are disenfranchised.
The Sentencing Project and other groups have tackled disenfranchisement as a racial justice issue, pointing out that many of the laws barring felons from voting date to the post-Reconstruction, Jim Crow period.
"The Locked Out 2024 report underscores a harsh reality: Our nation remains ensnared by the remnants of Jim Crow through the practice of felony disenfranchisement," Nicole Porter, the Sentencing Project's advocacy director, said in the statement. "Black and brown communities bear the brunt of felony voting bans, further perpetuating the persistent racial inequities that plague our country."
Most of the people who've lost the right to vote due to a felony conviction are no longer in prison or jail. In fact, about 40% have completed their sentencing requirements entirely, the report says.
Source: The Sentencing Project
The report was written by five researchers based at different U.S. universities, most of whom are criminologists. They didn't conduct an exact count of disenfranchised adults but rather used social science methods to estimate the figures. The Sentencing Project has released research of this type every two years since 1998.
The findings don't take into account de facto disenfranchisement "wherein individuals legally allowed to vote do not do so due to legal ambiguity, misinformation regarding voting eligibility, fear of an illegal voting conviction," the report says.