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Bill could restore execution schedule

GOP wants to override Medical Board

- Staff Writer

Published: Wed, Mar. 14, 2007 12:00AM

Modified Wed, Mar. 14, 2007 03:03AM

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State Republican lawmakers on Tuesday called on the Democratic leadership at the legislature to take steps to end the de facto death penalty moratorium in North Carolina by taking up a bill to prohibit the N.C. Medical Board from disciplining doctors for their involvement in executions.

Prison officials say they have been unable to find a doctor willing to be present at executions since the medical board passed its new ethics policy in January forbidding doctors from doing anything more than being present. So far, five inmates have seen their executions delayed indefinitely because of lack of willing doctors and continuing litigation about the role of doctors in executions.

"This obviously contravenes the intent of the General Assembly and the will of North Carolinians," said Rep. Paul "Skip" Stam, an Apex Republican who is House minority leader. "The courts will act when they will. We must act now. The voices of the victims silenced by murder must be restored."

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State Sen. Phil Berger of Eden and Rep. Tim Moore of Shelby introduced the legislation in their respective chambers. Berger said the bill's chances of becoming law rest with the Democratic leadership in the House and the Senate.

"It's up to the Democrats in the General Assembly to act at this time," Berger said.

Amy Fulk, a spokeswoman for Senate leader Marc Basnight, a Manteo Democrat, said he remains strongly in favor of the death penalty.

Basnight "believes that a thorough review of this complicated issue is necessary so that legislators fully understand all the options," Fulk said.

Stam cited a study by two University of Houston professors, Dale O. Cloninger and Roberto Marchesini, that concluded a 21-month death penalty moratorium in Texas probably caused 90 more homicides. If North Carolina experienced a similar surge, based on this study, Stam said a two-year moratorium in North Carolina could result in homicides of an additional 50 people.

"That's the cost of a moratorium," Stam said.

Staff writer Andrea Weigl can be reached at 829-4848 or aweigl@newsobserver.com.

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