Yes, governors, NC’s pardon process must move faster | Opinion

While I have great respect for former Gov. Jim Martin and the years of service he gave our state, his June 25 opinion piece regarding the pardon process and why it takes so long needs clarification.

He wrote, “Clemency advocates want North Carolina Gov. Roy Cooper to move faster to pardon those they feel are innocent.” But for the cases currently receiving public attention, they don’t just “feel” they are innocent, they are innocent.

At the time Martin left office in 1993, it was not as well established that sometimes innocent people are convicted of crimes they did not commit because of misidentification, false confessions, jailhouse informants, forensic practices that have since been proven to be unreliable, or any of the host of other reasons our human system doesn’t always get it right.

For cases like Glen Chapman, Michael Parker, Johnny Small, Mark Carver, Kevin Johnson and Timothy Evans, their last “day in court” was the day they were exonerated. Their convictions have been overturned, charges have been dismissed, and although they have their freedom, they deserve to have their names back through pardons of innocence. Further delay compounds their injury.

Additionally, many of the petitions pending with Cooper’s Clemency Office are cases recommended by the N.C. Juvenile Sentence Review Board, the very board established by Cooper to “conduct a thorough and individualized review” of claims by inmates who were juveniles when they committed crimes, have already served lengthy sentences, and have taken significant steps to reform and rehabilitate themselves.

In these cases, the “unilateral burden upon the governor with minimal guidance” that former Gov. Martin referenced has been lifted by the board Gov. Cooper established and the appointment of people he trusted to that board.

Admittedly, some petitions are more difficult. There are mercy petitions for elderly and unhealthy people who have been behind bars for decades, are not a threat to society, are a burden on our prison system, have someone who can care for them, and, in some cases, even the victims and their families are unopposed to their release.

There are also petitions for those who “feel they are innocent” and the evidence supports their innocence, but there are no legal avenues that allow for correction just because law enforcement, prosecution and the justice system overall do a better job now.

And, there are petitions from those who have served long sentences and believe they are worthy of forgiveness. Whether because their crimes were committed soon after parole was eliminated and they have seen others convicted of the same crimes go home after shorter sentences, or they weren’t juveniles, but were very young when their crimes were committed, or they played a minimal role in the crime but received the same or longer sentences than major participants. Those decisions are hard, but “clemency advocates” get that.

In my experience, as head of the North Carolina Center on Actual Innocence, bad decisions on petitions are impacted by politics. There is also an impact from having governors consider pardons for cases they fought against overturning as former attorney generals. And decisions on pending petitions are impacted by the fact that our current attorney general is running for governor.

I wish that were not true but there is a way for Gov. Cooper to prove I’m wrong and serve justice. Pardon the innocent and rely on your board.

Chris Mumma is Executive Director of the N.C. Center on Actual Innocence in Durham.