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In the waning weeks of his four-year term, President Biden announced commutations of 37 of 40 federal death sentences. With the exception of three individuals convicted of crimes involving “terrorism” or “hate-motivated mass murder,” Biden decided that the remaining federal death row prisoners should receive sentences of life without the possibility of parole. In 2021, Biden declared a moratorium on federal capital punishment to study protocols, and before that, he pledged action to end the death penalty at the federal level. The families of the victims reacted to the commutations with a range of emotions.
Commutations in NC. In a parallel decision, on his last day in office, Governor Cooper commuted the death sentences of 15 of 136 individuals on North Carolina’s death row. Cooper pointed to a wide range of factors in explaining how he came to his decision, including the facts of the cases, input from prosecutors and victims’ families, the defendants’ criminal history and prison record, the defendants’ mental capacity, the potential influence of race on the proceedings, the age of the defendants, the sentences of co-defendants, and more. One of the individuals who received a commutation, Hasson Bacote, had a hearing in Johnston County Superior Court last August after filing suit under the now-repealed Racial Justice Act some 14 years previously. Bacote challenged his death sentence as unjust, alleging that race was a significant factor in the decision to seek or impose the death penalty. It is unclear at this point if the litigation will be deemed moot, or if the judge will still issue a ruling, as extensive evidence was presented that could impact other cases.
Eight days before announcing the commutations of the death sentences, Cooper also commuted the sentences of six incarcerated individuals and pardoned nine people who had completed their sentences. The nine people who received pardons had maintained clean records since their release and had demonstrated rehabilitation in a variety of ways.
Trump sentencing still on track. President-Elect Trump’s appeal of a New York judge’s decision that Trump should be sentenced for his felony convictions was rejected on Tuesday by the Appellate Division of the New York Supreme Court, and then on Thursday by the Court of Appeals, the state’s highest court. The appeal arose from an 18-page decision by the trial judge concluding that presidential immunity would likely attach on January 20, but not while Trump is President-Elect. Notably, the trial judge also indicated that he was inclined to impose an “unconditional discharge” at sentencing, resulting in no incarceration nor any additional requirements such as probation or otherwise. The judge also allowed Trump to appear at his sentencing virtually. Yesterday, the United States Supreme Court, in a 5-4 decision, declined to intervene after Trump filed an emergency request for a stay of sentencing. Mr. Trump is scheduled to be sentenced today.
New autopsy center in Union County. In an effort to address delays in the performance of autopsies, especially in drug overdose cases, a new center has opened in the bottom of a hospital in Monroe, NC. Union County took action after the Office of the Chief Medical Examiner reassigned the county’s autopsies to Wake County from Mecklenburg County, leading to issues with transportation and processing. Staffing shortages in the Wake office compounded the delays. The General Assembly has provided $22M to open the South Piedmont Regional Autopsy Center. County officials are currently looking for a permanent home outside of the hospital. The Union County Sheriff’s Office, along with the District Attorney’s Office, sought additional resources in forensic pathology and toxicology to support their efforts to charge and prosecute death by distribution cases involving fentanyl.
Landlords liable for violent crimes. In the wake of a string of violent crimes at a particular apartment complex in Durham, the victim of an armed carjacking has secured a $15M settlement against the property owner. The civil case alleged that the landlord was negligent in failing to take steps to make the property safer after a series of shootings on the premises. Such suits are relatively rare, though there are some recent precedents in Greensboro and Raleigh involving shootings in residential areas.
Incarcerated firefighters in California. 783 incarcerated individuals are contributing to efforts to contain the catastrophic fires in Los Angeles this week. The individuals are working with government agencies by cutting fire lines and removing fuel in an attempt to slow the spread of the fires. They also provide support at fire-fighting camps by cooking, cleaning, and treating water. The imprisoned firefighters earn between $5.80 and $10.24 per day, plus an additional $1.00 per hour for responding to an emergency. They also earn credits toward their sentences.
Stay safe and enjoy the winter weather this weekend. See you Monday.
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