DURHAM - Even if you favor the death penalty, you should be worried about the execution of Jerry Conner, scheduled for May 12. Why? Because the State of North Carolina may be preparing to execute an innocent man. Even worse, both Gov. Mike Easley and Attorney General Roy Cooper have the power to remove all doubt prior to the execution, but so far both of them have refused to do so.

I don't know if Jerry Conner raped and murdered Linda Rogers and murdered Minh Rogers. But there is a DNA sample that was recovered from the crime scene that could provide definitive proof.

Conner was convicted in 1991, and the prosecutor held at trial that one person committed these heinous crimes alone. In 1991, DNA testing was not advanced enough to be able to say whether the recovered sample was from Conner or not. Thus, DNA evidence was not used to convict him at trial.

DNA testing is far more advanced today, and experts believe that a test will make clear whether Conner's DNA matches the sample collected from the rape of Linda Rogers. If it does, that is conclusive proof of his guilt. If it does not, that is proof of his innocence, given the state's case and the jury's verdict that Conner acted alone in committing these crimes.

So far, Conner's request for a test of this DNA sample has been denied by the courts, and his appeal for a test that he says will prove he is innocent is currently before the N.C. Supreme Court. Curiously, the State Bureau of Investigation has opposed re-testing even though the DNA evidence was handled by an SBI agent who was forced to resign from the state crime lab because of systematic mishandling of DNA evidence. The SBI has re-tested DNA samples in about 50 other cases handled by this agent, but has refused to conduct another test in Conner's case. Why?

• • •

Conner initially confessed to these crimes, but later recanted his confession and has consistently maintained his innocence since.

For most people reading this piece, the idea of confessing to a crime they did not commit is unimaginable. However, it is disturbingly common for people to confess to crimes for which they are later proven to have not committed. In fact, in one in four cases in which DNA has proven a convicted murderer or rapist innocent, the exonerated person initially confessed! This shows the importance of having physical evidence when the state wants to impose the harshest penalty.

In Conner's case there is physical evidence in the state's possession -- a DNA sample that could prove his guilt or innocence. Attorney General Cooper's office is representing the state's position in Conner's appeal before the N.C. Supreme Court. Cooper is therefore directly involved and could assent to this test today. Why will he not do so?

Easley is the highest elected official in our state, and the one person with the absolute power and authority to halt an execution, or allow one to go forward. He is a strong believer in the death penalty, but I am confident that he doesn't want to see an innocent person executed. Why then will he not order a DNA test to make sure?

I am opposed to the death penalty, and therefore any execution. I know many citizens of this state disagree with me. But I don't believe that anyone wants an innocent person to be executed.

There is still time for a DNA test prior to the May 12 execution. We the people need to demand that our elected officials do not carry out this execution without first having all the information that is available to them and in their control.

(Donald H. Taylor Jr. is assistant professor of Public Policy at Duke Duke University. More information on this case is at http://jerryconner.blogspot.com/)

Get $150+ in coupons in every Sunday N&O. Click here for convenient home delivery.