N.C. lawmakers OK innocence commission

RALEIGH, N.C. --Lawmakers gave final approval Wednesday to a bill that would create a first-in-the-nation commission to investigate convicts' claims of innocence, perhaps leading to overturned convictions.

The legislation must be signed by Gov. Mike Easley before the North Carolina Innocence Inquiry Commission would be established. His office said he would review it.

The bill was authored by Democratic Rep. Rick Glazier, who as an attorney, represented a former U.S. Marine convicted of rape in 1982 despite four witnesses who testified in his defense. Lesly Jean was exonerated in 2001 by DNA evidence.

"We have to recognize that, sometimes, our system can make a mistake," Glazier said.

A 2002 study of the justice system, led by then state Supreme Court Chief Justice I. Beverly Lake Jr., recommended such a commission be formed to handle innocence claims.

However, some lawmakers said it would be an unnecessary layer of judicial oversight.

"The court system that we have works very well," Republican Rep. Joe Kiser said.

Under the legislation, the eight-member commission could investigate claims based only on new evidence not considered in trial. If five of the eight members agree a petition was credible, the state's Chief Justice would appoint three judges to determine whether "clear and convincing evidence" of innocence existed.

If the judges agree unanimously, they have the authority to overturn the conviction.

Convicts whose cases were resolved with guilty pleas would not be eligible for the first two years of the commission's existence. For the next two years, those cases could be considered, but the recommendation that advanced a case to the judges' panel would have to be unanimous.

The North Carolina Conference of District Attorneys objected to that proposal.

"It's kind of making a mockery of the system," said Garry Frank, president of the DA's coalition.

Lawmakers would have to renew the commission after four years.

It is modeled after one in the United Kingdom that has examined 8,500 cases since being formed in 1997. About 4 percent of its appeals were sent back to courts, and some 220 convictions have been overturned.