Prosecutors seek to remove black judge from Racial Justice Act case

[The Straight Story]

Prosecutors seek to remove black judge from Racial Justice Act case


Durham, N.C. — Cumberland County prosecutors have subpoenaed a Superior Court judge as a witness in a pending case, which would force him to withdraw as the judge hearing the case.

Defense attorneys and legal experts questioned the move Tuesday, noting that the judge is black and the case involves an appeal under the Racial Justice Act, which allows death row inmates to challenge their sentence on the grounds of racial bias.

"It appears the state is saying that, for the first case under the landmark Racial Justice Act, an experienced African-American judge is not fit to serve as the judge who makes the decision," said Ken Rose, a staff attorney for the Durham-based Center for Death Penalty Litigation.

Superior Court Judge Greg Weeks was assigned the appeal by Marcus Robinson because he is the senior resident judge in Cumberland County.

http://www.wral.com/news/local/story/10353960/

[The Straight Story]

1. Kick for the night crew (nt)