How does a mentally disabled man, in his 50’s shake the injustice of serving 30 years on N.C.’s death row, and move forward with his life as if justice has been served?
Henry’s circumstance is proof that the N.C. justice system is broken, and de facto moratoriums or commuted sentences becoming life without parole, are the results of the metaphorical judiciary broom –sweeping the shards of injustice beneath the hem of the black robes overseeing these lopsided court proceedings – advocating state sanctioned murder.
Published author, Lyle C. May has taken the initiative to speak out against this particular brand of injustice. The following words were sent to the Raleigh News & Observer’s editorial section, known as the “People’s Forum” just in case his truth don’t make the black and white of the local newspaper, the masses will remain privy to our (the condemned) side of what is being labeled as Justice Served.
Still Living,
MannofStat
Copyright © 2014 by
Leroy Elwood Mann
People’s Forum
News& Observer
P.O. Box 191
Raleigh, NC 27602
September 4, 2014
Dear Sir or Madam,
This letter exceeds the word limit for the People’s
Forum. Considering the nature of, and
perspective on the subject, it is my hope you will waive the limit this time.
On September 2, 2014, after spending 30 year on death row, a
travesty of justice was averted when Henry Lee McCollum was acquitted of the
1983 rape and murder of Sabrina Buie.
Henry’s brother, Leon Brown, was also acquitted of the rape and
released. Had it not been for Brown’s
2009 application to the NC Innocence Inquiry Commission, Henry McCollum would
still be on death row.
In fact, had it not been for the connection between the two
brothers in the Buie case, the commission would not have reviewed Henry’s
part. For some inane reason, the
commission cannot investigate death penalty cases until a prisoner’s appeals
have been exhausted and the defendant files a claim.
The problem with this is, when a death row
prisoner exhausts his or her appeals, they are executed. How incredibly fortunate for Henry there has
been a de facto moratorium on the death penalty in North Carolina since 2007.
This one was too close.
As it stands, Henry and Leon had their youth stolen from them by
overzealous, blind SBI agents, impressionable jurors, ineffective attorneys and
a prosecutor who brags about his oratory power to persuade people rather than
relying upon the facts or evidence in a case.
How many more cases on death row are just like Henry McCollum’s? This is not an aberration; his is the eighth
acquittal on N.C.’s death row.
The difference between the previous seven acquittals and
Henry is that an objective commission had a hand in clearing Henry and Leon of
any wrongdoing. The first seven had to
rely on their appellate attorneys and the minimal resources available to
them.
One wonders why Henry’s attorneys
after three decades, were incapable of freeing him; or why, with a little bit
of digging, exculpatory DNA evidence was so easily found by the
commission. These questions may seem
complex, but they underline a common problem with many appellate attorneys who
represent death row prisoners: the bare minimum is the status quo.
In Henry’s case the bare minimum in 1991 put him back on
death row after a new trial. His
attorney of the moment, tried to coerce Henry to confess to a crime he did not
commit. This is inexcusable. With so many people against indigent,
intellectually challenged defendants like Henry McCollum, it’s a miracle this
man made it home alive. All glory to God
indeed, Henry.
Christine Mumma, Executive Director or the NC Center for
Actual Innocence, mentioned some lessons learned from the exoneration of Henry
McCollum. What the public needs to be
aware of is that the horrible circumstances of injustice in the Buie case are a
culture in North Carolina death penalty cases, not some isolated event.
Maybe, if the Innocence Commission were to
work in conjunction with appellate attorneys to defend their clients, 31-year
prison terms by innocent men can be avoided.
At the very least the commission can demonstrate what it means to be
true representatives of justice.
Sincerely,
Lyle C. May
Copyright © 2014
