N.C. Innocence Commission to Shed New Light On Old Cases

RALEIGH, N.C. — North Carolina Gov. Mike Easley ratified a bill establishing the first government commission that, starting in November, will review appeals submitted by inmates claiming wrongful conviction.

Prompted by a large number of high-profile exonerations, including that of death row inmate Daryl Hunt, the North Carolina Innocence Inquiry Commission will review new evidence that has come to light since an inmate’s trial. If merited, the eight-member commission will make a recommendation of innocence to a committee of three state Superior Court judges.

In order for an appeal to reach the three-judge panel, five out of eight commissioners must vote to approve the recommendation. All three judges must agree to free a convicted inmate.

The chiefs of the state Supreme Court and Appeals Court will select members of the commission. The panel must include a sheriff, a criminal defense lawyer, a member of the general public, a victims’ advocate, a prosecutor and state Superior Court judge.

Officials estimate that approximately 30 percent of appeals will have enough merit to be considered by the commission. In order to prevent the commission from being overwhelmed, the law states that inmates must wait two years before submitting an appeal.

Innocence commissions are being considered by at least 12 other states, including Texas, where almost 50 percent of all executions take place each year, according to reports.

Nearly 80 percent of freed prisoners are exonerated because of faulty eyewitness account, according to a state judicial review committee.