A North Carolina judge ruled Friday that racial discrimination played a role in sending a black man to death row for killing a white teenager in 1991, a groundbreaking decision rendered under the state’s Racial Justice Act.

Cumberland County Superior Court Judge Greg Weeks said condemned inmate Marcus Robinson should be spared execution and instead serve a life sentence in prison without possibility of parole.

Weeks found that prosecutors deliberately excluded qualified black jurors from jury service in Robinson’s case, and said there was evidence this was happening in courts throughout the state.

Robinson’s case was the first to be heard under North Carolina’s Racial Justice Act, a 2009 law that allows prisoners facing execution and capital murder defendants to present evidence of racial bias, including statistics, in court.

Weeks’ ruling is expected to be the first of many involving condemned North Carolina inmates. Those who win their claims can have their sentences converted to life in prison without parole. The Racial Justice Act cannot be used to set anyone free.

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North Carolina has 157 death-row inmates, more than half of whom are black. All but a few have filed to challenge their sentences under the Racial Justice Act. Robinson’s case was the first to get a hearing before a judge.

Reading a summary of his ruling from the bench, Weeks said that “race was a materially, practically and statistically significant factor in the decision to exercise peremptory challenges during jury selection by prosecutors” at the time of Robinson’s trial. The judge added that the disparity was strong enough “as to support an inference of intentional discrimination.”

Prosecutors said Friday they planned to appeal Weeks’ decision.

Robinson, 38, was sentenced to death for murdering 17-year-old Erik Torbblom in 1991 during a robbery. The jury that sent him to death row him had nine whites, two blacks and one American Indian.

It was later shown that prosecutors removed 50 percent of all qualified black jurors from serving on his jury, but removed only 14.8 percent of all other jurors.

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A Michigan State University study of jury selection practices in North Carolina capital cases between 1990 and 2010 was introduced as evidence.  The study concluded that prosecutors peremptorily struck black potential jurors at more than twice the rate they struck non-black jurors.

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According to the center, 31 inmates on North Carolina’s death row were sentenced to death by all-white juries, and an additional 38 had juries with only one person of color.

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  • white_privilege_stigmata

    They are chipping away at White Civilization bit by bit. Soon, we won’t have any protections at all.

    “Blacks are very aggressive and they feel empowered with one of their own as president and Eric Holder as Attorney General. But what we see now is nothing compared to what we can expect in the future when violence against Whites will go unprosecuted, not just ignored by the media.”

    -Kevin MacDonald, Occidenal Observer, 2012

    “Diversity is a hate crime against the future.”

    -Rev. Jed DeValleyism, “Personal reflections on attending the anti-racism and multicultural sensitivity training session,” 2006

    Hitler (birthday today, 4/20) was nothing compared to what we’ll get in the future when the majority of our Congress, Courts, and Military are vibrant Diversity.

    “They hate us with African hate. To them, rape, torture, mutilation, and murder are as natural as love, charity, and mercy are to us. Their greatest musical joy is hearing the horrified screams of White people. In the Haitian Revolution, the black Diversity took special relish and delight in bayoneting White babies and parading with them as race war trophies. How many Haitians are in America now?”

    -Rev. Jed DeValleyism, “What the Knoxville Horrors tells us about Diversity,” 2008

    • MikeofAges

       Who is Rev. Jed DeValleyism? I cannot find the name through any search engine. Is he a character in a fictional work  or an actual person who has published and spoken?

      • white_privilege_stigmata

        We are hoping he’ll make news soon.

  • The study concluded that prosecutors peremptorily struck black potential
    jurors at more than twice the rate they struck non-black jurors.

    Wrong.  Federal law prohibits prosecutors from preemptory challenges to potential black jurors when the defendant is black.

  • Rocky Bass

    Blacks are demonstrating almost daily their inability to serve on juries. They are ALL ABOUT RACE.  Black nullification is the norm. So even if blacks are prosecuted, they just demand a bunch of blacks on their jury, this guarantees they walk unscathed

  • Cumberland County Superior Court Judge Greg Weeks said condemned inmate
    Marcus Robinson should be spared execution and instead serve a life
    sentence in prison without possibility of parole.

    Except “life without parole” won’t really be life without parole.  The end game here is to get black murderers out of the death house and into a regular hoosegow environment.  That way, as years and decades elapse, and people forget all about the victim, and the vic’s loved ones get older and more forgetful and more “forgiving” over time, then the civil rights crowd can start squaking and squealing to the state’s governor, either a left wing Democrat or a neo-con egalitarian Republican, for a commutation.

  •  Since 1986.

    And actually, it’s not Federal law, it’s judicial precdent.

    http://en.wikipedia.org/wiki/Batson_v._Kentucky

  • A racial justice act would be a 3 dollar rope and a free lamp post for all these scumbags.

     

  • SarahConnor

    Wondering could Eric’s parents ever claim racism in their appeal since the judge is Black plus can you over turn a death penalty on one statistic? Hope this gets over ruled.

  • KenelmDigby

    Basically blacks want their own special courts, where they will be judged by different standards, just like the nobility in medieval England were immune from the common courts and were only judged by their ‘peers’. Needless to say the nobility usually acquitted each other.

  • JackKrak

    So the two blacks who were on the jury that sent him to death row were not “enough”. Why don’t the good people at the ACLU, the SPLC and others just come right out & tell us exactly what the racial composition of a jury should be for such a case so we can avoid this hassle after the trial is finished. ?

    •  I think I remember from news reports that when this thug was tried explicit evidence came out that he was motivated by race hatred of whites. Yet I see no mention of this fact in the current news coverage.

      Why am I not surprised?

      •  Here is a link where the black thugs racist motives to “Kill a Whitey” are mentioned:

        “Patricia Tornblom said a witness testified at the trial that Robinson said he was going to “kill a whitey.”

        http://www.fayobserver.com/articles/2012/01/30/1153982?sac=Local

        The 17 year old white victim was shot in the face by a shot gun after he gave two blacks a ride and was abducted and murdered.

    • Make no mistake about it; the racial composition they seek in such a case would be an ALL black jury. Anything less would be incapable of impartiality because of implied inherent White “racism.” In other words, this judge is not going to allow a jury of White “racists” to send one of his people to the gallows. Isn’t that what his decision suggests?
      We are losing our country and becoming more like Zimbabwe and Mexico each day these judicial activists are permitted to nullify justice rendered.

  • Impertinent

     “excluded qualified black jurors from jury service”
    I think the OJ trial had the same ratio, no? If we go by blacks being 12% of the population, then I think 2 blacks out of 12 is representative. Of course in a real world…blacks would have their own country within a country exclusive to blacks. OK with me…when they set their own murderers free….who do they prey on anyway? Their own.

  • MekongDelta69

    I love how everybody ELSE is considered a ‘race,’ except us.

  • MikeofAges

    If, in our legal system, the death penalty has so many limitations placed on it in that it becomes impossible to equitably administer it, then it should be eliminated. Who is to say that the legal system will not go off in the direction of some other perceived inequity? As in preferentially applying the death penalty to white offenders? It some cases it has already.

    Here’s another question. Are prosecutors to be allowed to eliminate blacks from the jury pool, when it seems to be the case that many more blacks than white are opposed to the death penalty, when the defendant is other than black?

    The people who read these pages and post comments here may say, “Who cares?” But that is stepping onto a slippery slope. Excesses of government and prosecutorial power are something we should rightly fear.

    •  Even if the death penalty is rarely carried out, I still support its existence and its rare application, because it’s important plea fodder for the prosecution.  Many people doing life in prison for murder took it because they were scared of the chair.

  • Patrick_A_NonnyMouse

    You just KNOW that the prosecutors were trying to avoid the “OJ” result:  black jurors who, having heard the testimony, seen the evidence, and completely aware that the accused  REALLY DID DO IT, vote “not guilty” on account of  “He’s one of My Tribe and I stand up for My Tribe no matter what”. 

    That’s what all the Obummer class warfare stuff is about: separate us into little tribes bound by tribal allegiances, over which The Supreme State has total authority; that way all the “little tribes” have no true power of their own but are forced to suck up to the Powers That Be in hopes of currying favor.

    Remember in November: NOBAMA.  

    • MikeofAges

      Just so you know, the O.J. Simpson prosecution never worked well as a jury case. In preparing for the trial, the prosecution presented the case to several different mock juries with different compositions. Even the mock jury with a bunch of white professionals on it didn’t go for the evidence, so I heard.

      Possibly, there was something wrong with the case that we, not being in the courtroom didn’t quite gete. Simpson was not on trial for having knowledge of the crime or for having seen or having been at the scene of the crime after it was committed. He was on trial for having committed the crime.

      I can only say, it’s possible that he did not do it. Do I believe it myself? Well, maybe not. But in a court of law it has to be proven beyond a reasonable doubt. The defense doesn’t have to prove anything. The prosecution has to present sufficient evidence to prove the charge. Not prove that the accused is reasonably a strong suspect. Not prove that the accused was someone who might have committed that kind of crime and also had the opportunity. They have to prove that the accused actually did commit the crime.

  • preparationHbomb

    It is totally clear that the majority of crimes ARE in fact committed by blacks, and secondly by Hispanics.  “Over representation” is nonsense; if it looks like a duck, quacks like a duck – etc. – chances are it’s a DUCK — and the fact is, ghetto blacks – ducks – choose to commit violent crimes.  This country has unfortunately adopted the “values” of the ghetto blacks, which now clearly shows up in the overall poor quality of public education, the drop in public safety, the rise in entitlement and victim-consciousness mentalities, and the demand that the guv’m’t provide to people what they can and should provide for themselves.  Also, the decline in work ethic and in work standards can be traced directly to the adoption of ghetto black values.   Just check out the videos of black auto workers in Detroit smoking weed and meth on their lunch hours — and people wonder why American cars suck??  So…. they want to reduce this N. Carolina boy’s sentence?  Won’t change a thing.  Benjamin Franklin said it very well:  
    “Only a virtuous people are capable of freedom. As nations become corrupt and vicious, they have more need of masters.” – Benjamin Franklin

    BACK TO —- WHAT??????  OMG!!!!

  • JayChong

     I think the proponents of the “racial justice act” chose the wrong test
    case to apply this new law. Saving a man who even the judge believes is
    guilty of kidnapping and murdering a teenager is not politically smart. http://lawblog.legalmatch.com/2012/05/07/judge-reduces-penalty-death-row-inmate-racial-justice-act/