Inmates' claims are focus of bill

State panel would evaluate innocence

RALEIGH -- A Senate committee passed legislation Friday to create a state panel to review inmates' claims that they are innocent.

The full Senate is expected to vote Monday on the bill. However, the Senate's version differs from the House version and therefore will need further negotiation before final passage. The main difference is that the Senate version would not allow those who have pleaded guilty to have their innocence claims heard.

Rep. Rick Glazier, a Fayetteville Democrat who is one of the primary sponsors in that house, said he expected differences to be resolved in a conference committee.

The proposed N.C. Innocence Inquiry Commission was the brainchild of former N.C. Supreme Court Chief Justice Beverly Lake Jr. and his N.C. Actual Innocence Commission. The review panel was proposed as a way for state officials to evaluate innocence claims after several high-profile cases of innocent men being released from the state's prisons.

If it passes, North Carolina would become the first state in the country to have a legal process for those with innocence claims. The only comparable entity exists in England.

The Senate and House versions of the bill propose creating a commission, including a judge, prosecutor, defense lawyer and victim's advocate, that would evaluate inmates' claims. If enough members found sufficient evidence of innocence, the inmate's claim would be referred to a three-judge panel for a hearing. An inmate's conviction would only be dismissed if all three judges thought there was "clear and convincing evidence" of innocence.

Dick Taylor, who heads the N.C. Academy of Trial Lawyers, opposes the Senate version, saying defendants with mental retardation have been known to plead guilty to crimes they didn't commit. "We hope the House would not concur," Taylor said.

The state's final budget includes $210,000 for the innocence review panel.