Execution protesters' trial date postponed

RALEIGH -- They tried to enter Central Prison in December, intent on halting the nation's 1,000th execution.

They were stopped and arrested, but the charges were dropped.

They did it again in January before the state executed Perrie Dyon Simpson. And when Patrick Moody was killed by lethal injection in March, the group had tried yet again to stop an execution.

The death penalty opponents thought they would have their day in court Thursday for acts of civil disobedience.

Ten protesters made an appearance before a judge in Wake District Court. But their trial was delayed until June.

Emergency Wake District Court Judge Russell Sherrill agreed to join all 20 cases for one trial.

Sherrill also told prosecutors to set aside a courtroom for the case June 19.

Those charged with two counts of second-degree trespassing include an N.C. Central University professor and several Duke Divinity School students. They are: David Eugene Arthur, Elizabeth Brockman, Matthew S. Gates, Eric R. Getty, William Gural, Scott Langley, Sheila McCarthy, Daniel Schwankl, Leah Wilson-Hartgrove and Jonathan Wilson-Hartgrove.

The maximum penalty for each count is 20 days in jail.

At an appointed time during recent overnight vigils before 2 a.m. executions, protesters attempt to walk down the prison driveway from Western Boulevard. When stopped and asked to stand behind barricades on the sidewalk, many try again, then sit down or lie down. They pray, sing or read aloud until they are handcuffed.

"We will argue that our act of trespass is a minor offense compared to the death sentence carried out by the state," Langley said.

Some of those already facing charges were expected to try their strategy again Thursday night before the scheduled execution of Willie Brown early Friday.

"There are people who are committed to continuing our actions at the prison," Langley said. "And more and more people are going to find themselves in the courtroom."