PRESS RELEASE 

Chief Jenkins has been reappointed to the Actual Innocence Inquiry Commission by Chief Justice Sara Parker.  Jenkins’ appointment was for three years and will end on December 31, 2010. Chief Jenkins was originally appointed in January of 2006.  During that year the commission meet extensively interviewing candidates for the executive director, establishing rules and other logistical issues. The Actual Innocence Commission heard it’s very first case last month making national history.  North Carolina is the first state in the United States t form such a commission to consider hearing cases the provide NEW evidence that proof the accused innocence.  Other states have since followed North Carolina’s lead to establish such commissions.  They used North Carolina as a guideline. Attached is an official press release from the Executive Director of the commission and links to some newspaper articles concerning the case.

 LINKS

http://www.innocencecommission-nc.gov/

 http://www.nccourts.org/Courts/CRS/Councils/Innocence.asp

The commission is made up of eight members from around the state.  They include a prosecutor, police chief, former sheriff, victim advocate, defense attorney’s, community college official as well as alternates.  When a case has been heard the commission must have at least five votes.  If they have those votes it automatically goes to a three judge panel who makes a final decision.  If the judge panel agrees with an affirmative vote, they then hear the case and make a final decision.  If for example, they rule in favor of the defendant, the offender’s conviction is overturned and the person is released from prison ( if still so incarcerated)  The commission is one of the bodies that are not subject to the open meeting’s law during the hearing. However, after a decision has been made the vote of the commission must be made in open and the entire proceedings are recorded by an official court reporter.   A Very small amount of cases submitted to the commission are heard by the commission.  Most cases are rejected because they do not meet the statutory requirements as set forth my the North Carolina General Assembly.  The commission has the authority to require witnesses to testify at the hearing through subpoena .  The commission usually meets monthly depending on the status of the investigation of cases. 

The Commission

The Commission is a diverse group with representation from the judiciary, law enforcement, the defense bar, prosecutors, victim's advocates, and the public, and is made up of eight members: a superior court judge, a prosecuting and a criminal defense attorney, a sheriff, a victims rights advocate, a member of the public and two additional discretionary appointments.

As required by statute, the Chief Judge of the Court of Appeals made the initial appointments of the superior court judge member, the prosecuting attorney and the victim advocate member. The Chief Justice of the Supreme Court made the initial appointments of the defense bar member, the public member and the sheriff, as well as the two discretionary appointments.

See Article 92 of the North Carolina statutes for further information.
Download Article 92 in MS Word format here.

The commission has a full-time executive director is a licensed attorney, an investigator, also an attorney as a staff assistant. 

 

DNA and other recent issues have brought to light that a very small population of those in prison may be Not Guilty of the crime of which they are serving for.