Introduction Despite positive steps toward the suppression

Despite positive steps toward the suppression of racial discrimination in the United States

capital punishment process, the enduring effects of a cultural legacy of Black oppression (e.g.,

slavery; segregation; lynching) and historic and systemic racial discrimination in the criminal

justice system have persisted to the present day (Bohm, 1991; Bowers, Pierce, & McDevitt,

1984; Jacobs, Carmichael, & Kent, 2005; Messner, Baller, & Zevenbergen, 2005; Paternoster,

1991; Phillips, 1987; Poveda, 2006; Vandiver Giacopassi, & Curley, 2003; Zimring, 2003). This

enduring cultural legacy (ECL) has permeated the contemporary capital punishment process by

perpetuating the belief that Blacks are inferior, do not deserve the full protection of the law, and

deserve harsher treatment than Whites convicted of similar crimes, especially with regard to

capital cases of rape-involved homicides committed by Black men against White women

(Messner et al., 2005, p.637; Vandiver et al., 2003). The purpose of the current study is to

explore whether this ECL still exists by examining whether juries in rape-involved capital

murder trials in North Carolina are more likely to recommend a sentence of death when the

defendant is a Black male and the victim is a White female (compared to White male victims and

White female victims).

The socio-legal forms of Black oppression have evolved over the past five centuries to

coincide with shifts in race relations in the United States (Dorr, 2000). The Colonial Slave

Codes of the early 1700s were modified and expanded throughout the mid-1800s in the

antebellum South and were later reinforced through the Black Codes and Jim Crow Laws in

the late 1800’s; these codes were each created and developed in an effort to maintain racial

hierarchies and preserve White hegemony in the South (Kennedy, 1997; Paternoster, 1991).

The state-sanctioned executions and extra-legal lynchings of Blacks that were utilized to

maintain control of the Black population in the colonial and antebellum South evolved into

“legal lynchings” in the early twentieth century in which Blacks faced incredible

discrimination in the courtroom (Bardaglio, 1994; Dorr, 2000; Rise, 1992, p. 462). The

established southern tradition of brutal retaliation against Black men (e.g., torture and

execution) accused of raping White women in the colonial and antebellum South that was

designed to punish Black men and defend the honor of White women still expresses itself

today by exacerbating racial discrimination in rape-involved capital homicide cases (Bardaglio,

1994; Cash, 1941; Kay & Cary, 1995; Paternoster, 1991). The ECL hypothesis suggests that

jury decisions in contemporary rapeinvolved homicide cases still reflect the values of a long-

standing southern tradition of racebased lethal violence and vigilantism targeted against Black

men who rape and kill White women.

The North Carolina Capital Sentencing Project (NCCSP) offers a comprehensive data-set

in which multiple analytical approaches may be used to assess the relationships between

defendant and victim race combinations and a jury’s likelihood of producing a sentence of death

(while considering additional factors such as aggravating and mitigating circumstances) across

the total population of rape-involved capital murder trials from 1977 through 2009

(KavanaughEarl, Cochran, Smith, Fogel, & Bjerregaard, 2010). Since rape-involved homicide is

a rare event (155 capital trials in North Carolina during the 32 year period under investigation),

the current study employed qualitative hypothesis testing within an analytic induction framework

to critically test each of the rape-involved homicide trials in North Carolina. This type of

qualitative analysis relied on a comprehensive reading of each of the rape-involved capital

homicide case narratives (and supplementary materials) in the qualitative data set and offered an

innovative approach to the data that elucidated the legal (e.g., circumstances of the case) and

extra-legal (e.g., race of the defendant and victim, respectively; multiple dimensions of the ECL)

factors that influence death sentence recommendations in North Carolina during this time period.

Over the past 25 years, the Capital Jury Project (CJP) has demonstrated the value of

qualitative approaches to the study of capital juries related to: the selection process and

objectivity (Sandys, 1995; Sandys & McClellan, 2003); comprehension of or misinterpretations

of instructions or responsibilities (Barner, 2014; Eisenberg & Wells, 1993; Eisenberg, Garvey, &

Wells, 1996; Garvey, Johnson, & Marcus, 2000; Bowers, Fleury-Steiner, & Antonio, 2003;

Bowers & Steiner, 1999; Foglia, 2001), and feelings (e.g., empathy; anger) toward the victim and

defendant, respectively, at both the guilt and sentencing stages of the process (Antonio, 2006;

Bowers, Sandys, & Steiner, 1998; Sundby, 1998, 2003). The current study adds to a body of

compelling empirical evidence of racially discriminatory practices in the United States capital

punishment process that has failed to garner much legislative or judicial attention (Johnson,

2003; Kavanaugh-Earl et al., 2010; Ware, 2007). The following section provides an introduction

to the main socio-legal factors that have contributed to a southern ECL of racial oppression and

discrimination that may continue to impact jury death sentencing in the contemporary capital

punishment process (see Figure 1).

Law as Social Control

Slave codes were created in the colonial South and modified throughout the antebellum

period to ensure the submissiveness of slaves and regulate their behavior (Paternoster, 1991).

Law as Social Lethal A Peculiar

Control Vengeance Chivalry

• Colonial South • Sensationalized • Southern Rape

Slave Codes Torture Complex

• Antebellum • Lynchings • Brutality against

South Slave • Self-Help Slaves and Blacks

Codes Mentality • Protection of

• Black Codes • Southern Honor White Women

• Jim Crow Laws • Retribution • Maintain Racial

• Legal Lynchings Order

Enduring

Cultural Legacy

o Racial Discrimination in the Contemporary

Capital Punishment Process

• Maintain racial hierarchy of antebellum south

• Tradition of race-based lethal violence

• Contemporary vigilantism

• Blacks are inferior

• Blacks do not deserve full protection of the law Blacks

deserve harsher treatment than Whites convicted of

similar crimes, especially when rape is

involved and the victim is a White woman

Figure 1. Theoretical Framework.

These codes defined slaves as inheritable property (an inescapable life-long status) unprotected

from the decriminalized brutality inflicted upon them by Whites (Kennedy, 1997; Paternoster,

1991). Slaves were generally unable to own property, engage in legal matters, or benefit from

any of the rights possessed by a free man (Flanigan, 1974; Imes, 1919; Paternoster, 1991). In

addition, slaves experienced harsher punishments than Whites for numerous crimes in most slave

states (Flanigan, 1974; Vandiver et al., 2003, Dorr, 2004). Many acts that Blacks committed in

the antebellum South were considered crimes for which Whites were immune, upgraded to

felonies when committed by Blacks, and typically carried heavier penalties (e.g., capital

punishment) for Blacks than Whites convicted of the same crime (Johnson, 1941; Paternoster,

1991). For example, slaves or free Blacks found guilty of rape or assault with intent to rape were

punished with the death penalty while Whites convicted of the same crime were punished with

prison terms (Bardaglio, 1994; Paternoster, 1991).

In colonial North Carolina, the institution of slavery secured positions of power for the

“slave-holding elite” and provided them with the opportunity to “mold the laws that expressed its

ideology and needs” (i.e., an “expected conjunction of wealth, power, and status” within an

established racial hierarchy) (Kay & Cary, 1995, p. 54). A system of “plantation justice,” which

existed outside of the judicial system and statutory law, was designed to ensure the absolute

control of slaves on each individual plantation and authorized slave-owners to use any means

necessary to punish slaves for certain transgressions (e.g., theft; slave-on-slave assault) (Kay &

Cary, 1995, p. 73). Prior to 1774, it was legal to willfully and maliciously attack, maim, or kill a

slave in North Carolina (Kay & Cary, 1995). When more serious crimes were committed by

slaves (e.g., murder of a White; running away), the North Carolina public criminal justice system

established specialized slave courts with absolute power to engage in arbitrary judicial

procedures and execute slaves (Kay & Cary, 1995). In addition, deputized citizens and police

officers were often granted authority to kill slave runaways or criminal transgressors (Kay &

Cary, 1995).

After slavery was abolished following the Civil War, the spirit of the slave codes was

retained in the Black Codes and Jim Crow laws as the White population passed new legislation to

maintain racial hierarchies and preserve White hegemony in the South (Paternoster, 1991). The

Black Codes clearly identified Blacks as belonging to a separate and inferior class and

established laws that dealt with issues such as crime and punishment, the judicial system, and

labor contracts (Shofner, 1977). The “Jim Crow” laws that began in 1876 legalized the existing

custom and conditions of segregation and prevented Blacks from having a fair defense in legal or

economic matters (Shofner, 1977). Black defendants often faced incredible discrimination in the

courtroom as their due process rights were ignored by judges and juries who were able to utilize

procedural practices to hide their discriminatory intentions while convictions of innocent Black

defendants known as “legal lynchings” overwhelmed the criminal justice system well into the

twentieth century (Rise, 1992, p. 462; Dorr, 2000).

Lethal Vengeance in the South

From the late 1800’s through the middle of the 20th century, White southerners often used

lynching to control and terrorize Blacks while uniting the White population across class and

gender lines, protecting the economic and political status of Whites, upholding notions of

southern honor, achieving retribution for crimes committed by Black men that threatened the

racial hierarchy, and assuring the personal safety of Whites (Dorr, 2000; Newkirk, 2009). and

(Bardaglio, 1994; Dorr, 2000; Shofner, 1977; Greenberg & Messner et al., 2005; Himmelstein,

1969; Jacobs et al., 2005; Rise, 1992). State governments in the colonial and antebellum South

often sanctioned the lynchings of Blacks for the most trivial offenses (e.g., arguing with Whites;

staring at a White woman; testifying in court; violating a contract) (Newkirk, 2009). Throughout

this time period, White southerners also adopted a “self-help” mentality and punished Blacks by

lynching them without legal authorization (Messner et al., 2005, p. 633).

Lynching and mob violence facilitated a "climate of terror” that Whites in the South used

to intimidate Blacks and resist affronts to White hegemony (e.g., political, economic, and social

competition between Whites and newly freed Blacks) (Tolnay & Beck, 1995, p. 19, See also

Messner et al. 2005; Tolnay, Beck, & Massey, 1989). The immense symbolic power inherent in

the lynching experience was a product of its “public and visually sensational” brutality (Wood,

2009, p. 1). The ritualized torture, mutilation, and hanging of Blacks “carried cultural force as a

form of racial terror” as the spectacle of lynching was met with public enthusiasm and produced

long-lasting effects (e.g., photographs; ballads; narratives) that perpetuated notions of White

supremacy (Wood, 2009, p. 2).

While all executed Whites were hanged in North Carolina from 1748-1772,

approximately half of the executions of 56 slaves (with known modes of executions for this time

period) were especially brutal (Kay & Cary, 1995). Slave executions involved burning,

castration, hanging, and decapitation (with their severed heads displayed on stakes) (Kay & Cary,

1995). Outlawed runaways were also shot or beat to death upon capture; some runaways

drowned themselves in order to avoid these types of sadistic punishments (Kay & Cary, 1995).

The “litany of terror” involved in the executions of slaves during this time period also manifested

itself in the court-imposed corporal punishments of slaves (Kay & Cary, 1995, p. 82). Not only

did Blacks receive more lashes than Whites for criminal transgressions, 19 slaves were legally

castrated (this type of punishment was not imposed on Whites) and the courts often branded the

faces of slaves or cut off their ears (Whites only had their thumbs branded) in colonial North

Carolina (Kay & Cary, 1995).

Lethal vengeance against Blacks continued in the South well into the twentieth century as

vigilante justice was carried out in conjunction with a discriminatory criminal justice system

(Greenberg & Himmelstein, 1969; Kennedy, 1998; Rise, 1992). For example, the 1906 United

States Supreme Court (USSC) appeal of Ed Johnson’s death sentence in Tennessee for a rape

conviction was preempted by a mob that broke down the jail and hanged the defendant

(Kennedy, 1998). The Groveland case from Florida (1954) also demonstrated the existence of

vigilante justice as two of the defendants charged with raping a White woman were killed by

sheriffs prior to their retrial in court (Greenberg & Himmelstein, 1969). Much like the lynchings

in the antebellum South, lethal vengeance in the form of lynchings in the twentieth century was

composed of “ritualistic brutalities, flagrant carelessness, [and] mass hysteria” directed at Blacks

to maintain racial control and dominance (Kennedy, 1998, p. 46).

A Peculiar Chivalry

Beginning in the colonial era, southern White males were convinced that Black men were

“obsessed with the desire to rape White women” (Bardaglio, 1994; p. 752). This “rape complex”

expressed itself in laws that sanctioned the castration of Black men who were convicted of the

rape (or attempted rape) of White women (Cash, 1941, p. 116; Paternoster, 1991). While the

occurrence of a slave raping a White woman in North Carolina in the mid-18th century was

incredibly infrequent, punishments for this type of transgression were “ferociously calculated to

strike terror in the hearts of slaves” (Kay & Cary, 1995, p. 86). The mere accusation of a slave

raping a White woman guaranteed the conviction and execution of the slave, which often

involved torture and mutilation (e.g., being tied to a stake and burned alive; being hanged and

then having one’s severed head placed on a stake, having one’s private parts cut off and thrown

in one’s face) (Kay & Cary, 1995; Kennedy, 1997). While castrating slaves as punishment for

rape was made illegal in North Carolina in 1758, it was a permissible punishment for slaves who

attempted to rape White women in Virginia until 1819 (Bardaglio, 1994).

The Southern “peculiar chivalry” (Marquart et al., 1994, p. 65), the customary belief of

White men that slaves and free Blacks were predisposed to rape and that this crime only applied

to "respectable" White women, continued to fuel the desire of White men to protect White

women from slaves and maintain the racial order of the South throughout the antebellum period

(Bardaglio, 1994, p. 772; Cash, 1941; Paternoster, 1991). Southern states established criminal

codes calling for the mandatory executions of Black men convicted of rape or attempted rape of a

White woman (Cash, 1941; Bardaglio, 1994; Paternoster, 1991). Under the slave codes, the

Black victim of rape (regardless of chastity) was not viewed as a “man’s woman” and was

therefore not fully protected by the law since the most severe punishments were only applicable

to offenders who committed crimes against Whites (Giacopassi and Wilkinson, 1985, p. 368;

Kay & Cary, 1995; Vandiver et al., 2003). In addition to strengthening their positions in the

slave community, slave owners who raped their own slaves also increased the labor supply since

children born as a result of these rapes became property of the master (Kay & Cary, 1995).

Further, the law considered a White man’s rape of another man’s slave to be a violation against

the slave’s master as opposed to a crime against the slave herself (Bardaglio, 1994). This

“racially selective underprotection” of Blacks (i.e., the lawmaker’s refusal to protect Blacks from

criminal acts in the same manner as it protected Whites) to aid in the effort to preserve White

supremacy in the South is “one of the most destructive forms of racial oppression” (Kennedy,

1997, p. 29).

Racial Discrimination in the Contemporary Capital Punishment Process

Capital punishment has existed in the United States since the 1600s; early executions and

extralegal executions (e.g., lynchings) were commonly carried out against unpopular groups

(e.g., religious dissenters; those who challenged the slavery system of the South) (Paternoster,

1991). Historically, Black defendants have been disproportionately executed in the United States

(Wolfgang & Riedel, 1975). Of the 3,859 executions that took place during the pre-Furman

years (1930-1967) (most for murder and most in the southern states), approximately 55% have

been Black with approximately 90% of those executed for rape (455 executions) involving Black

offenders (Baldus & Woodworth, 1998; Bradmiller & Walters, 1985; Paternoster, 1991; Vandiver

et al., 2003; Wolfgang & Riedel, 1975). This trend has not significantly changed since the

Furman decision (i.e., existing death penalty statutes were in violation of the 8th and 14th

Amendments and therefore unconstitutional), as 40% of all those executed since 1977 have been

Black, with 80% of homicides involving White victims (Paternoster, 1991; Poveda, 2006).

Since death-eligible offenses in the South were not restricted to homicide in the first half

of the 20th century, discrimination against Blacks was especially salient in capital rape cases

(Wolfgang & Reidel, 1973, 1975). Wolfgang & Riedel (1973) examined data on 3000 rape

convictions in 11 southern states (230 counties) over a 20 year period (1945-1965) and found

striking racial differences while controlling for over two dozen variables. These findings were

consistent with both previous and subsequent studies that have identified that Black defendants

have suffered from racial discrimination and more severe treatment in the criminal justice system

with respect to sexual assault cases, especially those involving White victims (see Johnson,

1957; Greenberg & Himmelstein, 1969; Flanigan, 1974; Bradmiller & Walters, 1985;

Paternoster, 1991; Dorr, 2000; Williams & Holcomb, 2004; Wolfgang & Riedel, 1975).

In 1977, Coker v. Georgia ruled that the death penalty for the rape of an adult woman was

unconstitutional under the 8th Amendment clause referring to cruel and unusual punishment

since there is no loss of life involved in these particular cases (Paternoster, 1991). In post-Coker

trials, racial discrimination against Blacks manifested itself in many decision-making points of

rape-involved capital murder trials (Wolfgang & Riedel, 1973; Paternoster, 1991). Findings of

numerous contemporary studies suggest that Black offenders and those who victimize Whites are

more likely to be indicted for and convicted of a capital crime, and are also more likely to be

sentenced to death and to have their sentences carried out compared to White offenders and those

who victimized Blacks, especially when rape is involved (Baldus & Woodworth, 1998;

Paternoster, 1991; Stauffer, Smith, Cochran, Fogel, & Bjerregard, 2006; Vandiver et al., 2003;

Wolfgang & Riedel, 1973, 1975).

This chapter has provided a brief introduction to the main socio-legal factors that have

contributed to the enduring southern cultural legacy of racial oppression and discrimination that

continues to impact jury sentencing in the contemporary capital punishment process. These

factors are examined in further detail in the next chapter. The next section identifies the goals

and methods of the current study, followed by an outline of the remaining chapters.

The Current Study

Despite the passing of constitutional amendments, decisions by the Supreme Court, and

the Civil Rights movement that each aimed to ensure racial equality, the current study contends

that the death penalty is utilized today as a partial replacement for past vigilantism in an effort to

maintain the racial hierarchy of the colonial and antebellum South (Vandiver et al., 2003, p. 83;

See also Bohm, 1991; Bowers et al., 1984; Jacobs et al., 2005; Messner et al., 2005; Paternoster,

1991; Phillips, 1987; Poveda, 2006; Zimring, 2003). More specifically, the current study

contends that an enduring legacy originating in the slave codes, Black codes, and lynchings in

the South has facilitated the “emergence of cultural supports for the use of lethal violence”

against Black men in a contemporary criminal justice setting (Messner et al., 2005, p.637). This

cultural legacy is especially salient with regard to contemporary capital cases of rape-involved

homicides committed by Black men against White women as a result of the Southern “peculiar

chivalry” (Marquart et al., 1994, p. 65), the customary belief of White men that slaves and free

Blacks were predisposed to rape and that this crime only applied to "respectable" White women

(Bardaglio, 1994, p. 772).

While racial discrimination can be present at every stage of the capital punishment

process (e.g., prosecutorial discretion; the exclusion of minorities from jury duty), the jury makes

the final decision of producing a sentence of life or death for the defendant; this decision may be

influenced by individual information processing and the group dynamics of the jury (Baldus &

Woodworth, 1998; Bohm, 1991; Costanzo & Costanzo, 1992). According to a sociological

model of law, juries often make their ultimate sentencing decision based on “their personal

beliefs and feelings, and only afterward turn to the written law for a justification” (Black, 1989,

p. 5). Juries are intended to function as “a significant and reliable objective index of

contemporary values" (Gregg v. Georgia, 1976, p. 181) so that the sentencing decision in a

capital trial represents “the evolving standards of decency that mark the progress of a maturing

society" (Witherspoon v. Illinois, 1968, p. 519, quoting Trop v. Dulles, 1958, p. 101) (Costanzo &

Costanzo, 1992). The ECL hypothesis suggests that jury decisions in contemporary rapeinvolved

homicide cases still reflect the values of a long-standing southern tradition of racebased lethal

retaliation targeted against Black men who rape and kill White women. A review of the literature

(Chapter 2) presents evidence that supports this hypothesis.

Within the current study, I employed a qualitative approach to test the hypothesis that an

ECL continues into the current era in which juries in rape-involved capital murder trials in North

Carolina are more likely to recommend a sentence of death when the defendant is a Black male

and the victim is a White female compared to White male defendants and White female victims.

Within an analytic induction framework, the current study utilized qualitative hypothesis testing

to critically test each of the rape-involved homicide cases in an effort to elucidate the legal (e.g.,

circumstances of the case) and extra-legal (e.g., race of the defendant and victim, respectively;

multiple dimensions of the ECL) factors that influence death sentence recommendations in North

Carolina during this time period. The qualitative analysis involved the comprehensive reading

and documentation of case narratives and newspaper articles in which I re-sorted (i.e.,

reclassified) the hypothesis-supporting, hypothesis-non-supporting (fails to support or reject the

hypothesis), and hypothesis-rejecting cases to reflect the salient circumstances of the trial (e.g.,

aggravating circumstances, the perceived brutality of the crimes committed) while also

considering the influence of multiple dimensions of the ECL (e.g., the liberation hypothesis,

credibility of the White female victim, geographical variations in death sentence

recommendations).

The universe of cases for the qualitative analysis is all rape involved capital homicide

trials in North Carolina from 1977-2009 that involve Black or White male defendants and White

female victims. These cases are drawn from a larger North Carolina data set of 1356 death

sentencing trials that contain information pertaining to the demographic characteristics of

offenders and victims and data on the case itself (e.g., aggravating and mitigating circumstances)

for capital murder trials from 1977-2009. A “rape-involved” variable was created to include all

cases containing a “yes” response to at least one of the following variables: “sexual assault

mentioned to the jury” or “rape accepted as aggravator.” This revealed 155 death penalty trials

that make up the total population of rape-involved capital homicide trials in North Carolina from

1977-2009.

In order to clarify any differences in race-of-victim effects the present study restricts

cases in the analyses to those that only involve White female victims and Black or White male

offenders (n=99) (Black female victims and “other” racial groups such as Asian, Hispanic,

American Indian may reflect different sentencing experiences) (Demuth & Steffensmeier, 2004;

see also Stauffer et al., 2006). BdWv and WdWv trials are the purest types of defendant-victim

racial combinations to be used for comparative purposes because they hold the white female

victimization constant. During the research process, 34 trials were excluded from the analysis

for two main reasons: 1) they did not involve a male committing a rape or sexual offense (or

attempted sexual offense) against a female (while she was still alive) (n=17) and/or 2) the victim

was under the age of 16 (the age of consent in North Carolina is 16; rape-involved homicide

trials involving girls under the age of 16 would reflect different influences on jury sentencing

decisions beyond the scope of the current study [e.g., pedophilia]) (n=13). Two additional trials

that were excluded involved White female victims who were raped but not murdered, while two

other trials were excluded because the cases were retried capitally and had all convictions

reversed, respectively. Thus, the final sample of cases (n=58) is comprised of rape-involved

homicide trials involving White or Black male defendants who raped (or sexually assaulted) and

murdered White female victims who were at least 16 years old.

Each case narrative (i.e., the unit of analysis) included in the qualitative analysis provides

detailed summaries of the case (e.g., specific circumstances and aggravating factors of the case)

and is available online (found in the “opinion” section of a larger document containing additional

information about the case). These case narratives may be found through the LexisNexis

Academic search engine by looking up a legal case, restricting the search to North Carolina, and

entering search terms relevant to the case (e.g., defendant name; county). Hard copies of the

LexisNexis documents including the case narrative, some of which include highlights and

handwritten notes by the coder of the file, are also available in file folders for some of the cases.

The file folders are arranged alphabetically by county (where the sentencing took place) and

stored in file cabinets; the files are arranged in the file folders alphabetically by the defendant’s

last name. Each of the files include the NCCSP coding sheet (used to build the quantitative data

set of 1356 cases), while some files also include newspapers articles that were utilized for the

purposes of triangulation (i.e., multiple sources of data containing a variety of qualitative data

points are used to corroborate the findings by offering multiple ways to view and test a

phenomenon) (Denzin & Lincoln, 1994; Golafshani, 2003). The richness of data varies from

case to case based on the amount and quality of materials available in each folder and found

through subsequent online searches for supplementary information.

The current study adds to the Capital Jury Project research and more general empirical

research regarding arbitrary race-based sentencing in capital murder trials (Baldus and

Woodworth, 1998; 2003; Bowers, Sandys, & Brewer, 2004; Bowers, Steiner, & Sandys, 2001;

Bowers & Foglia, 2003; Bowers & Steiner, 1998; Brewer, 2004; Eisenberg, Garvey, & Wells,

2003; Foglia, 2001; Foglia & Schenker, 2001; Kavanaugh-Earl et al., 2010; Kremling et al.,

2007, Stauffer et al., 2006; Williams and Holcomb, 2004). This study’s value to social science is

that if findings are consistent with the ECL hypothesis, then it may be argued that despite

positive steps toward the suppression of racial discrimination in the capital punishment process

in the United States, the enduring effects of a cultural legacy of Black oppression and historic

and systemic racial discrimination in the criminal justice system have persisted to the present

day. More specifically, it may be argued that the ECL is so prevalent in the United States that

punishing Black men who rape and murder White women more harshly than White men who

rape and murder White women has become the modus operandi of the contemporary capital

punishment process. Until fundamental changes are made to political and judicial approaches to

racial discrimination (e.g., addressing issues of racial biases inherent in jury selection,

instruction, and sentencing), racial preconceptions and relative social distance (e.g., White jurors,

who want to distance themselves from Blacks who they perceive to be violent, criminal, or

inferior, often have less empathy for Black defendants) originating from the ECL will continue to

influence capital jury decision-making in the United Sates (Johnson, 2003).

Chapter 2 begins by tracing the socio-legal history of rape, race, and capital punishment

in the United States, specifically the South. This review of the literature begins with an

examination of the slave codes, Black codes, and Jim Crow laws in the southern states and the

era of lynching with a focus on North Carolina and rape-involved offenses. This chapter

identifies important USSC Cases related to rape, race, and capital punishment, including an

examination of the 20th Century statutes that called for death sentences for some convicted rapists

to the current era where capital punishment is only reserved for first-degree murder (but

considers rape as an aggravated factor in these cases). Next, this chapter presents an overview of

the empirical evidence of racial discrimination in the capital punishment process and findings

from qualitative studies of capital juries. After identifying specific issues concerning jury

decision-making and aggravating factors in North Carolina (e.g., juror unanimity and influence

of aggravation in death penalty sentencing), as well as an examination of the liberation

hypothesis which suggests that racial biases are more likely to influence juries in cases with

moderate evidence (i.e., greater ambiguity in what constitutes a fair sentence), this chapter

examines geographical variations in the use of the death penalty. Finally, this chapter offers

evidence supporting an ECL of racial oppression and southern violence that continues to affect

death penalty sentencing in North Carolina today. The chapter concludes by presenting the

following research question and testable hypothesis:

(R1) Are juries in rape-involved capital murder trials in North Carolina more likely to

recommend a sentence of death when the defendant is a Black male and the

victim is a White female compared to White male defendants and White female

victims (while accounting for other trial circumstances) (while accounting for

other trial circumstances)?

(H1) Juries in rape-involved capital murder trials in North Carolina are more likely to

recommend a sentence of death when the defendant is a Black male and the

victim is a White female compared to White male defendants and White female

victims (while accounting for other trial circumstances).

Within an analytic induction framework, the current study utilized qualitative hypothesis

testing to critically test each of the rape-involved homicide cases in an effort to elucidate the

legal (e.g., circumstances of the case) and extra-legal (e.g., race of the defendant and victim,

respectively; multiple dimensions of the ECL) factors that influence death sentence

recommendations in North Carolina during this time period. The qualitative analysis involved

the comprehensive reading and documentation of case narratives and newspaper articles in which

I re-sorted (i.e., reclassified) the hypothesis-supporting, hypothesis-rejecting, and hypothesisnon-

supporting (i.e., failing to support or reject the hypothesis) cases while considering the salient

circumstances of the trial (e.g., aggravating circumstances; perceived brutality of the crimes

committed) and the influence of multiple dimensions of the ECL (e.g., the liberation hypothesis;

credibility of the White female victim).

Chapter 3 identifies the study’s research design and methods employed. The chapter

begins by identifying the sources of data (NCCSP data set, 1977-2009, n=1,356) and the sample

of rape-involved capital homicide trials utilized in the current study (n=58). Next, this chapter

identifies the boundary conditions for case requirements (e.g., rape-involve homicide trials

involving White or Black male defendants who raped (or sexually assaulted) and murdered

White female victims who were at least 16 years old). After describing the types of available

data used in the analysis (e.g., LexisNexis case narratives, newspaper articles), this chapter

explains the emic (i.e., derived from the data) and etic (i.e., derived from theory) coding process

as well as how the ECL dimensions were considered in the analysis (e.g., the liberation

hypothesis, the credibility of the White female victim). Next, this chapter explains how

qualitative hypothesis testing was employed in the current study within a six-step analytic

induction framework [1) defining a phenomenon in a tentative manner; 2) developing a

hypothesis about it; 3) considering a single instance to determine if the hypothesis is confirmed;

4) redefining or revising the hypothesis if it is not confirmed; 5) examining additional cases to

gain confidence in the hypothesis if it is repeatedly confirmed; 6) reformulating the hypothesis

for each negative case until there are no exceptions].

Chapter 4 presents the findings of the qualitative analysis. The chapter begins by

defining the original hypothesis classifications and presenting an initial hypothesis classification

table which did not tend to show support for the ECL hypothesis (44.6% of trials showed support

for the hypothesis, 40.2% of trials rejected the hypothesis, 15.2% of trials did not support the

hypothesis). Next, the reclassification table is presented which also failed to show support for

the ECL hypothesis (24.1% of trials showed support for the hypothesis, 19% of trials rejected the

hypothesis, 57% of trials did not support the hypothesis). Next, this chapter presents summaries

and related interpretations of individual table findings (e.g., sentence recommendations across

liberated and non-liberated BdWv and WdWv trials, respectively), including explanations of how

the hypothesis evolved throughout the analytic induction process. Next, this chapter provides

examples of trials that represent my approach to the hypothesis reclassification process. The

chapter concludes by presenting findings from an analysis of geographical variations in

sentencing recommendations which also failed to show support for the ECL hypothesis (25% of

trials in the Eastern Region of North Carolina supported the hypothesis, 24% of trials in the

Piedmont Region of North Carolina supported the hypothesis, 22% of trials in the Western

Region of North Carolina supported the hypothesis).

Chapter 5 presents a discussion of the main findings and concluding remarks of the study.

The purpose of the study is revisited, with an examination of how these objectives were

approached in the research process, followed by reflections on the main findings. This chapter

then presents a discussion on reliability and validity issues, limitations of the study, implications

for future research employing qualitative approaches to racial discrimination in the capital

punishment process, and concluding remarks.

Chapter Two

Literature Review

A sociological approach to the study of law explores how legal institutions “reflect the

society and culture in which they occur” (Black, 1989, p. 5). Law serves as a form of social

control in which the standards and customs of a society are formalized into legal doctrines and

enforced by those in power (Black, 1976). Throughout history, racial discrimination has been

embedded in the law and has divided groups of people based on perceived levels of

respectability, punishing and disgracing certain members of society while protecting and

preserving the reputation of others (see Table 1) (Black, 1976). Evidence suggests that juries

produce the harshest sentences for Blacks who commit crimes against Whites (low status vs. high

status) and progressively more lenient sentences for Whites against Whites (high status vs. high

status), Blacks against Blacks (low status vs. low status), and Whites against Blacks (high status

vs. low status) (see Table 1) (Baldus & Woodworth, 1998; Black, 1989; Dorr, 2000; Garfinkel,

1949; Paternoster, 1991).

The capital punishment process of the present day has evolved from four centuries of

racially discriminatory processes that have been historically biased against Blacks (Baldus &

Woodworth, 1998; Bohm, 1991; Paternoster, 1991; Wolfgang & Riedel, 1973; Vandiver et al.,

2003). While the socio-legal forms of racism and Black oppression were originally blatant (e.g.,

slavery; segregation; lynching), they evolved into more subtle practices that still exist today (e.g.,

prosecutorial discretion; the exclusion of minorities from jury duty; jury members who often

make decisions based on racial stereotypes) (Baldus & Woodworth, 1998). The review of the

Table 1. Variations in the Quantity of Law.

Phrase

Meaning

Example

Law varies

directly with

social status

(Black,

1989, p. 10)

High status victim vs. high status defendant is

handled more severely than low status victim

vs. low status defendant.

“A sizeable body of evidence from a number

of societies and historical periods indicates

that, by itself, the social status of a defendant

tells us little about how a case will be handled.

Instead we must consider simultaneously each

adversary’s social status in relation to the

other’s.” (Black, 1989, p. 9)

“Any advantage associated with high status

arises primarily when it entails social

superiority over an opposing party, while any

disadvantage of low status arises primarily

when it entails inferiority.” (Black, 1989, p. 9)

“All known legal systems tend to be relatively

lenient when people of low status victimize

their peers.” (Black, 1989, p. 9)

In modern America, a White defendant/White

victim racial combination (WdWv) is more

likely to result in a death sentence than a Black

defendant/Black victim racial combination

(BdBv)

During the 1970s, defendants in WdWv

homicide cases in Florida, Georgia, Texas, and

Ohio were 5x more likely to be sentenced to

death than BdBv.

Downward

law is

greater than

upward law

(Black,

1989, p. 11)

“Those accused of offending someone above

them in social status are likely to be handled

more severely than those accused of offending

someone below them.” (Black, 1989, p. 10)

“Crimes against a social inferior receive

unusually lenient treatment.” (Black, 1989, p.

10)

“Downward cases attract the most law, next

cases between people of high status, then those

between people of low status, and upward

cases attract the least” (p. 11)

The risk of capital punishment in capital

homicide cases involving a Black

defendant/White victim (BdWv) “leaps far

beyond every other racial combination.”

(Black, 1989, p. 10)

BdWv death sentence 15x more likely than

BdBv death sentence in Ohio, 30x in Georgia,

40x in FL, 90x in Texas.

In White defendant/Black victim (WdBv) cases,

“the risk of capital punishment is

approximately zero.” (Black, 1989, p. 10)

“In Ohio, none of the 47 Whites convicted of

killing Blacks received a capital sentence

during the five years studied.” (Georgia: 2/71;

FL, 0/80; Texas, 1/143) (Black, 1989, p. 9).

Likelihood of death sentence in the United

States: 1) BdWv, 2) WdWv, 3) BdBv, 4) WdBv.

“This pattern remains in all cases of all kinds

at every stage of legal process.” (Black, 1989,

p. 11)

Source: Black (1976; 1989)

Table 1 (Continued). Variations in the Quantity of Law.

Phrase

Meaning

Example

Legal variation

is a direct

function of social

information

(Black, 1989, p.

64)

“Legal discrimination of every kind - racial,

economic, cultural, organizational, etc. -

depends on the amount of social information

entering each legal setting.” (Black, 1989, p.

64)

“Even if the cases are socially identifiable,

different amounts of social information

about each will make them appear socially

different and introduce variation in how they

are handled.” (Black, 1989, p. 64)

“Every aspect of the social structure of cases

may become more or less visible and

thereby have more or less of an impact on

how they are handled.” (Black, 1989, p. 64)

“Social information is an essential ingredient

of discrimination.” (Black, 1989, p. 64)

“If, for example, the defendant’s criminal

record (normative information) comes to the

attention of a judge or jury in only some

instances, only these defendants will be

disadvantages.” (Black, 1989, p. 64)

“The same applies to economic information

(about their wealth), cultural information

(about matters such as their ethnicity and

religion), relational information (about their

intimacy with the victim), and so on.”

(Black, 1989, p. 64)

Law varies

inversely with

other social

control (Black,

1976, p. 107)

“Law is stronger where other social control

is weaker.” (Black, 1976, p. 107)

On the other hand, societies and cultures

with other forms of social control may

diminish or replace the use of formal law.

Extra legal lynchings and plantation justice.

Law varies

directly with

respectability

(Black, 1976, p.

112)

“Unrespectable people among themselves

have less law than more respectable people

among themselves.” (Black, 1976, p. 112)

A crime by one unrespectable person against

another unrespectable person is less serious

and less likely to result in legal action.

BdBv capital homicide cases.

Law is greater in

a direction

toward less

respectability

than toward more

respectability

(Black, 1976, p.

114)

“The less respectable party is more likely to

be subject to law, and he is less likely to have

its benefits.” (Black, 1976, p. 114)

“A complaint by a respectable party against

an unrespectable party is more likely than

reverse, and it is more likely to succeed in

every way.” (Black, 1976, p. 112)

The underprotection of Blacks in the

colonial and antebellum south.

The likelihood of death sentences in WdBv

cases vs. BdWv cases.

Source: Black (1976; 1989)

literature explores how the established traditions of slavery, segregation, and lynching have led to

a contemporary capital punishment process that serves to maintain the racial hierarchy of the

antebellum South through traditions of race-based lethal violence and vigilantism and by

perpetuating the belief that Blacks are inferior, do not deserve the full protection of the law, and

deserve harsher treatment than Whites convicted of similar crimes, especially with regard to

capital cases of rape-involved homicides committed by Black men against White women

(Messner et al., 2005; Vandiver et al., 2003). By tracing this well-documented history of racial

discrimination from its roots in slavery through its subsequent evolving forms of racial

oppression, it will be possible to establish how this enduring cultural legacy (ECL) has

maintained its strength and influence over the past four hundred years and continues to affect the

capital punishment process today.

A Socio-legal History of Black Oppression in the South

The Law of Slavery

While slaves were first brought to the American colonies in the early 1600’s, the

codification of English common law that defined the conditions of slavery and granted the White

population authority to regulate every movement made by slaves did not take place in the

southern slaveholding states until the early 1700’s (Paternoster, 1991; Vandiver et al., 2003).

One of the earliest slave codes in the United States was implemented in South Carolina (copied

from Barbados) and served as a model for other southern states that formulated their own slave

codes; these slave codes were passed by the legislatures and were therefore formally

institutionalized (Vandiver et al., 2003). Early slave codes defined slaves as inheritable property

required to act deferentially towards Whites; these codes, which approved brutality against slaves

by Whites, were created to ensure the submissiveness of slaves and regulate their behavior

(Paternoster, 1991). Further, being a slave was an inescapable life-long status and a slave

mother who gave birth would pass on her slave status to the child (Paternoster, 1991).

Drawing from their own labor experiences and the statutes of other southern colonies and

the West Indies, the creators of the first North Carolina slave code in 1715 codified statutes,

judicial procedures, and social customs to restrict the institution of slavery to nonWhites and

define slaves as permanent personal property devoid of any form of legal protection (Kay &

Cary, 1995). Although slavery was a relatively undeveloped institution in North Carolina, a

1739 slave rebellion in South Carolina and growing uneasiness about the conditions of its own

slaves encouraged the construction of a much more detailed slave code in 1741 (Kay & Cary,

1995). A large portion of the North Carolina slave code was concerned with runaways (five of

the 21 articles in the 1715 North Carolina code and 22 of the 58 articles in the 1741 code), in

which runaways (slaves who removed a gun from their master’s property were considered to be

runaways if they did not have written permission) were subject to citizen arrest, ordered to be

returned to their owners, or were to be killed if they had been absent from their master’s property

for more than two months or threatened violence against Whites (Kay & Cary, 1995).

According to North Carolina slave law, “inferior offenses” were tried by a justice of the

peace and were punished by a maximum 39 lashes; these offenses included trespassing on a free

White person’s property, engaging in public religious services where multiple slave families

gathered, gambling for money or property, slandering a free White person, or engaging in sexual

conduct or “indulging in grossly indecent familiarity” with a White woman (Bassett, 1899, p.

13). Legislation also forbid slaves from carrying weapons or hunting, traveling in groups or

having meetings with other slaves, or trading with others without approval from their master

(Bassett, 1899). Slaves who committed felonies (e.g., conspiracy to rebel) in North Carolina

were tried in a Superior Court and punishment included transportation or death (Bassett, 1899).

A slave’s attempt to run away (or any individual’s attempt to aid a slave in leaving the state) was

considered a capital felony punishable by death (from the early 1800’s until the Civil War) as

this act threatened the institution of slavery (Bassett, 1899; Kay & Cary, 1995).

North Carolina slave courts acted “arbitrarily and summarily” in accordance with the law,

providing slave-owning judges with the opportunity to maintain their economic and social status

(Kay & Cary, 1995, p. 71). The North Carolina slave code of 1715 contained a clause that

reversed the presumption of innocence and instructed the slave courts to try slaves as guilty of

any crime or transgression; this reversal was reaffirmed in the slave code of 1741 and continued

throughout the colonial period (Kay & Cary, 1995). Between 1715 and 1785, there was a 97%

conviction rate among slaves in North Carolina; comparatively, there was a 38% conviction rate

for Whites among 3,041 charges with known outcomes from 1670-1776 (Kay & Cary, 1995).

While the legal codes in the southern colonial states generally expressed themselves in

the strict control of slaves’ movements and behavior, the daily operation of the slavery system

varied from state to state (Flanigan, 1974; Imes, 1919). For example, Virginia exhibited the most

humanity in the general treatment of slaves but treated slaves much more harshly in matters of

the criminal law (Flanigan, 1974). Slave trials in Virginia (beginning as early as 1692)

emphasized speed and efficiency over fairness and thus offered slaves little by way of legal

protections (Flanigan, 1974). On the other hand, states such as Alabama and Mississippi

developed strong institutions of slavery but treated slaves fairly in matters of procedural rights

(e.g., statutory protections; appellate courts) compared to other southern states (Flanigan, 1974).

Younger states also afforded slaves this type of procedural fairness while eastern states with

established colonial histories preserved traditional systems that treated slaves poorly (Flanigan,

1974).

Beginning in the colonial era and continuing through the antebellum period, Southern

states increasingly resorted to capital punishment to punish slaves (Dorr, 2004; Flanigan, 1974;

Vandiver et al., 2003). Virginia law identified over seventy capital crimes that slaves could

commit (much higher than any other slave state) (Flanigan, 1974). Public authorities in North

Carolina frequently and swiftly enforced statutory laws relating to slave transgressions by

convicting slaves in specialized slave courts or killing them outside of court (see Table 2) (Kay

& Cary, 1995). Records indicate that authorities in North Carolina were ordered to execute over

100 slaves from 1748-1772 (Kay & Cary, 1995). Further, there are no records indicating that

death sentences for slaves were ever commuted or voided (e.g., pardon, deportation) in North

Carolina during this time period (Kay & Cary, 1995).

Table 2. Slaves Convicted by North Carolina Slave Courts or Killed by the Authorities, 1748-1772.

Crime

Raw Figures

Extrapolation

Percentages

Raw Extrapolation

Murder or attempted murder

Rape

House burning

Outlaws-killed or suicides

Killed while committing a crime

Executed for second felony

Theft

Hog stealing

Preparation and use of poison

Receiving and drinking liquor

31.9 25.6

4.2 3.3

2.8 2.2

18.1 14.4

2.8 2.2

1.4 1.1

25.0 30.0

5.6 8.9

6.9 10.0

1.4 2.2

100.1 99.9

Note: Because the data for those sentenced to corporal punishments are most severely lacking, a multiplier of 2 was

used to attempt to compensate for this missing data. Because the need was minimal and the difficulties and margin of

error great, no other extrapolations were made.

Source: Kay & Cary (1995)

In the antebellum South, the view that Blacks were wild, primitive, and inferior to Whites

and required “more coercive social control” resulted in harsh codes of punishment for slaves

(Kennedy, 1997, p. 77). Harsh physical punishments (e.g., whipping; castration; maiming;

branding) were considered appropriate measures for the chastisement of Blacks and correction of

slave behavior (Kennedy, 1997). Slave-owners who inflicted violence upon slaves that resulted

in death were protected by the law if the violent act was carried out for the purpose of

disciplinary subjugation (Kennedy, 1997). For example, a 1798 North Carolina statute

criminalized the killing of a slave with the exception of instances where the slave was rebelling

against his owner or was killed as a result of corrective action (Kennedy, 1997).

The decriminalization of violent acts inflicted upon slaves and free Blacks was a way to

maintain the unrestrained authority and power of Whites in the southern states (Kennedy, 1997).

While the law explicitly permitted Whites (especially slave-owners) to brutalize and kill slaves

without fear of legal ramifications in most southern states (maiming and emasculating slaves was

made illegal in the 1755 Georgia slave code), more informal sources of discipline and social

control regulated the behavior of Whites (e.g., concern for one’s reputation; one’s own

conscience; consideration of the well-being of one’s economic investment; the belief that a

display of honor would help protect the existing system of slavery) (Bardaglio, 1994; Kennedy,

1997). For example, the period of greatest restrictions on slaves in North Carolina (around the

turn of the 19th century) coincided with the most humane slave laws and customs (Bassett, 1899).

Slave legislation in North Carolina during this time (e.g., forbidding slaves to read or preach to

other Blacks) was not a product of the cruelty of slave owners but rather the demands of

Southern society to keep the system of slavery intact (Bassett, 1899).

In general, many of the legal codes enacted in the South from 1834-1865 represented the

efforts to increase restrictions on slaves and eradicate the existence of free Blacks (Imes, 1919).

Within the slave codes of the South, slaves were legally defined as both persons and property that

could be sold, mortgaged, insured, and “seized in payment of the master’s debts” (Flanigan,

1974, p. 537; See also Vandiver et al., 2003). Slaves were generally unable to own property,

engage in legal matters, or benefit from any of the rights possessed by a free man (Flanigan,

1974; See also Imes, 1919; Paternoster, 1991). Similar to the development of slave codes in

Colonial era, slave codes in the antebellum South were often modeled after slave laws that had

already been established in other southern states (Vandiver et al., 2003). For example,

Tennessee integrated North Carolina’s slave laws into their state’s 1796 Constitution; slave laws

were passed and modified in Tennessee over the next 60 years until every state law dealing with

slavery was integrated into the Tennessee Code of 1858 (Vandiver et al, 2003).

As a result of custom and sustained by law, many acts that Blacks committed in the

antebellum South were considered crimes for which Whites were immune, upgraded to felonies

when committed by Blacks, and typically carried heavier penalties (e.g., capital punishment) for

Blacks than Whites convicted of the same crime (Johnson, 1941; Paternoster, 1991). Eleven

offenses included within the Tennessee Slave Code of 1858 carried a mandatory death penalty for

Blacks (compared to two offenses for Whites) and two offenses provided a discretionary death

sentence for Blacks; three of these were sexual assault offenses (the death penalty for these cases

was restricted to offenses against White victims) (see Table 3) (Rise, 1992; Vandiver et al., 2003).

Several laws identified that free Blacks were subject to every capital offense that was applicable

to slaves (Imes, 1919; Vandiver et al., 2003).

Table 3. Capital Crimes for Whites, Slaves, and Free Blacks, and Justified Killings of Slaves,

Tennessee Slave Code, 1858.

Whites

Slaves and Free Blacks

Mandatory death

sentences for:

Murder in the first degree (Section 401)

Accessory before the fact to murder in the

first degree (Section 4601)

Murder in the first degree (Section 2625:

Accessory before the fact to murder in the

first degree (Section 2625: 3)

Assault on free White with intent to

commit murder in the first degree (Section

2625: 2)

Preparing poison with intent to kill any

person (Section 2625: 4)

Accessory to preparing poison with intent

to kill any person (Section 2625: 4)

Rape of a free White female (Section

2625: 5)

Assault with violence with intent to rape a

free White female (Section 2625: 6)

Intercourse or attempted intercourse with

free White female under 12 (Section 2625:

Robbery (Section 2625: 8)

Arson (Section 2625: 8)

Burglary (Section 2625: 8)

Discretionary

sentence for:

Plotting rebellion, insurrection, or murder

(Section 2626)

Burning certain out-buildings or structures

with intent to endanger or destroy life or

limb (Section 2628)

Killing of slave

justified if:

Ringleader of plot hides or resists arrest

(Section 2627)

Slave is in act of resistance to master

(Section 2651: 2)

Slave dies under “moderate correction”

(Section 2651: 3)

Source: Vandiver, Giacopassi, & Curley (2008)

The racial hierarchy of the antebellum South was perhaps most clearly illustrated by laws

that punished White men found guilty of rape or assault with intent to rape with prison terms but

punished slaves or free Blacks convicted of the same crime with the death penalty (Bardaglio,

1994; Paternoster, 1991). Most states in the antebellum south did not create specific statutory

definitions of what constituted force in a rape offense, but the Texas legislature (1856) and the

Alabama Supreme Court (1860) contended that forceful intent by the offender (without victim

consent) was required to support a conviction of rape (Bardaglio, 1994). While a more inclusive

definition was created in the 1861 Georgia code, it was not equally applied to the punishment of

all defendants convicted of rape (Bardaglio, 1994). A White man found guilty of raping a White

woman was punished with a prison term of 2 to 20 years, while the penalty for a Black man

convicted of raping a White woman was a sentence of death (Bardaglio, 1994).

During the antebellum period, southern states insisted upon the execution of Black men

convicted of rape or attempted rape of a White woman as this act evoked unrelenting feelings of

rage that stemmed from the great dishonor inflicted upon the woman and her household

(Bardaglio, 1994). While local court records indicate that the rape or attempted rape of a White

woman by a Black man was not a frequent occurrence in the South during the time of slavery,

White men’s fear of this occurrence was so overwhelming that they felt the action required

“fierce retribution because it challenged slavery and the racial order of southern society”

(Bardaglio, 1994, p. 755). Between 1785 and 1865, 58 slaves were executed for raping White

women in Virginia, and throughout the antebellum period White southerners sometimes resorted

to the lynching of slaves who were suspected of sexually assaulting White women (Bardaglio,

1994).

Some evidence indicates that slaves accused of raping white women in the antebellum

South received relatively fair trials compared to black men accused of similar offenses after the

abolishment of slavery (Bardaglio, 1994). In fact, several factors could be considered in rape

cases occurring in the antebellum south that aided the defendant (e.g., the amount of resistance

offered by the victim demonstrated by injuries showing defense; the victim’s credibility

determined by her sexual history and respectability in the community; delay in the report of the

rape) (Bardaglio, 1994; Dorr, 2000; Giacopassi & Wilkinson, 1985). In Virginia between 1789

and 1833, sixty blacks who were sentenced to death for rape or attempted rape received

recommendations of mercy from the judge or jury “based upon the belief that the women had

either encouraged or consented to copulation” (Bardaglio, 1994, p. 767). In addition, slaves and

free blacks who were charged with rape or attempted rape of a white woman were able to benefit

from mistakes or technicalities in the indictment process that resulted in new trials or the reversal

of convictions (e.g., dismissal of indictments for rape if the race of the victim or defendant was

not explicitly stated; precise terms of the statute must be used in the charging complaint) (Imes,

1919; Bardaglio, 1994).

The widely held belief that rape brought shame and dishonor to a woman’s household

inexorably tied the race, class, and reputation of the White female victim together in cases

involving rape or sexual assault, regardless of the defendant’s race (Bardaglio, 1994). With

respect to interracial rape trials in the antebellum South, accusations about the White female

victim’s character were much more frequent in cases involving poor victims or those were not

considered respectable) by the community (e.g., lack of social position; behavior did not conform

to traditional societal expectations) (Dorr, 2000). In turn, poor women were perceived to lack

respect and value in the eyes of the community and this diminished the perceived likelihood that

a rape had taken place in the eyes of judges and juries (Bardaglio, 1994). Regardless of

defendant race, judges were convinced that women who came from poor families were more

likely to engage in illicit sexual behavior and thus did not deserve the full protection of the law

under the existing rape statutes (Bardaglio, 1994). Convictions were reversed or death sentences

commuted in some cases involving Black male defendants and poor White female victims who

did not maintain social standing in the community (Bardaglio, 1994).

A movement in the mid nineteenth-century displayed the effort of southern law to offer

greater procedural fairness for slaves (Flanigan, 1974). In addition to the realization that they

were protecting property rights as well as human life, southern judges and jurists were also able

to use the appearance of equal justice to strengthen the pro-slavery argument (Bardaglio, 1994;

Flanigan, 1974; Vandiver et al., 2003). However, Blacks faced numerous restrictions as

procedures that were implemented to encourage fairness for slaves and free Blacks on trial were

incredibly flawed (Bardaglio, 1994; Flanigan, 1974; Paternoster, 1991). For example, Blacks

could only testify in cases involving Blacks, juries consisted of White men only, and slaves could

not contradict the statement of a prosecutor, a White witness, or a White woman in rape cases

(Bardaglio, 1994; Dorr, 2000; Flanigan, 1974; Paternoster, 1991). In most states, appellate courts

were prohibited from reviewing the circumstances of the case and jury verdicts were rarely

scrutinized, while grand juries commonly exhibited vigilante behavior in their harsh reactions to

slave crimes (Flanigan, 1974).

Reconstruction & Lethal Vengeance in the South

After the Civil War and the abolishment of slavery in 1865, racial discrimination persisted

as southern states quickly responded to the problem of newly freed Black labor and the need to

exert control over free Blacks by passing the “Black Codes” (1865-1867) (Paternoster, 1991).

These codes were an extension of the Slave Codes and were created so the White population

could maintain control over all Blacks (Paternoster, 1991). The Black Codes clearly identified

Blacks as belonging to a separate and inferior class and established laws that dealt with issues

such as crime and punishment, the judicial system, and labor contracts (Shofner, 1977). Several

of these laws identified that free Blacks were subject to every capital offense that was previously

applicable to slaves; for example, Blacks who raped White women in South Carolina,

Mississippi, and Alabama were eligible for hanging (Shofner, 1977; Imes, 1919; Kennedy, 1997;

Vandiver et al., 2003).

The “Jim Crow” laws that began in 1876 legalized the existing custom and conditions of

segregation and prevented Blacks from having a fair defense in legal or economic matters

(Shofner, 1977). These laws were largely an extension of the slave codes which reinforced racial

hierarchies and preserved White hegemony in the South (Paternoster, 1991). For example,

Whites in positions of power during the Jim Crow era utilized the criminal law to force Blacks

back into positions of “involuntary servitude” (Kennedy, 1997, p. 90). When White employers

were in need of Black workers, White law enforcement officials threatened Black men with new

statutes criminalizing unemployment and coerced them into signing prejudicial labor contracts

(Kennedy, 1997).

The interconnections between race, gender, and class continually shaped the social

structure of segregation (Dorr, 2000). When Black men were charged with raping White women,

White men weighed white hegemony against gender alliances and class supremacy

(Dorr, 2000). White men accepted that sexual assaults committed against White women by

Black men varied in degrees of seriousness since not all Black men or White women were equal,

respectively (Dorr, 2000). For example, white men sometimes supported black men in cases

where the white female victim came from a poor family or had previously engaged in illicit

sexual behavior (Dorr, 2000). Therefore, widely accepted notions about how individuals were

supposed to behave across race (i.e., whiteness; blackness) and gender (i.e., maleness;

femaleness) lines continually shaped the interaction between race, gender, and class in an effort

to maintain the social order (Dorr, 2000).

One of the most prominent examples of racial discrimination in United States history was

the failure to protect Blacks from vigilante justice during the Reconstruction era in the South

(Paternoster, 1991). From the late 1800’s through the middle of the 20th century, White

southerners often used lynching to maintain control of the Black population through fear and

domination, uphold notions of southern honor, and achieve retribution for crimes committed by

Black men that threatened the racial hierarchy (Bardaglio, 1994; Dorr, 2000; Shofner 1977;

Jacobs et al., 2005; Greenberg & Himmelstein, 1969; Messner et al., 2005; Rise, 1992).

Between 1880 and 1935, nearly 90% of all individuals lynched in the South (approximately

3000) were Black (Tolnay, Beck, & Massey, 1992). Between 1882 and 1930, lynchings were

primarily used to punish rape and sex offenses committed by Blacks in Georgia and North

Carolina while state executions were primarily used for Blacks convicted of murder (Beck,

Massey, & Tolnay, 1989).

Lynching not only demonstrated the power of using lethal violence as a form of social

control, but it also signified the “self-help” mentality of Whites who punished Blacks by killing

them without legal authorization (Messner et al., 2005, p. 633). In general, these executions were

conducted in public and were a product of local control not dependent on state law or authority

though many enjoyed the implicit consent and occasionally the active participation of local

authorities (Paternoster, 1991). Lynching and mob violence facilitated a "climate of terror” that

Whites in the South used to intimidate Blacks and resist affronts to White hegemony (e.g.,

political, economic, and social competition between Whites and newly freed Blacks) (Tolnay &

Beck, 1995, p. 19, See also Messner et al. 2005; Tolnay, Beck, & Massey, 1989).

Lynching also had significant cultural effects on the communities in which they took

place (Baker, 1997). Communities in North Carolina, for example, created lynching-inspired

ballads that described the offense and its punishment in an effort to place the lynchings in a

meaningful cultural context (Baker, 1997). While the immediate audience was able to take away

a limited text from the lynching act itself (e.g., viewing the mutilated corpse; taking souvenirs

and photographs), lynching ballads provided the dramatic preservation and reinscription of the

deep-rooted messages of lynching: this method of punishing the transgressor was necessary to

maintain the social order (Baker, 1997).

Rape & Racial Discrimination in Death Penalty Sentencing in the 20th Century

At the end of the lynching era, Black men in the South still did not receive justice, as

convictions of innocent Black defendants known as “legal lynchings” overwhelmed the criminal

justice system of the South (Rise, 1992, p. 462; Dorr, 2000). Black defendants often faced

incredible discrimination in the courtroom as their due process rights were ignored by judges and

juries who were able to utilize procedural practices to hide their discriminatory intentions (Rise,

1992). In Virginia, Black men accused of assaulting White women experienced harsh treatment

throughout the entire legal process compared to Whites (e.g., Virginia was one of six states that

still had all White male juries in 1938) (Dorr, 2000). Further, Black men accused of raping or

attempting to rape White women may have avoided a lynch mob in Virginia but appearing in

court did not guarantee them procedural fairness (Dorr, 2000). While White men did not

commonly lynch Black men accused of raping White women in Virginia, this crime was still

considered to be “profoundly threatening to the racial hierarchy” and capital punishment was

often considered the most appropriate form of punishment (Dorr, 2000, p. 716). Between 1908

and 1963, 56 males were sentenced to death in Virginia for rape, all of whom were Black

(Bradmiller & Walters, 1985).

Among 660 convicted rapists inhabiting death row in Raleigh, North Carolina between

1909 (when the local government transferred responsibility for executions to the state) and 1954,

the highest execution rates for rapists occurred when the victim was a White female (Johnson,

1957). Findings also suggested the race of the offender was an important factor, with Blacks

representing 73.8% of all death row inmates and 88.7% of all rapists on death row (Johnson,

1957). Since the death penalty was most often applied to socially and economically

underprivileged individuals, the correlation between race and the disparate application of the

death penalty in North Carolina may have been a product of the overrepresentation of Blacks in

lower classes of socioeconomic status (Johnson, 1957).

The executions of the Martinsville Seven (1949-1951) “more than any other case,

demonstrated the power of the southern legal system to enforce codes of racial behavior” as the

consistent implementation of discriminatory procedures led to a death sentence for each of the

seven Black defendants for a crime that did not involve any form of homicidal intent (i.e., they

were convicted of raping a White woman) (Rise, 1992, p. 464). At a time when Blacks were

making progress in establishing their civil rights, executing these seven young Black men in the

electric chair “provided a stark reminder of the harsh treatment reserved for Blacks who violated

southern racial codes” (Rise, 1992, p. 461). While this case possessed certain characteristics that

differentiated its proceedings from traditional legal lynchings (e.g., the trial did not result in the

unlawful convictions of innocent Blacks based on unfair legal proceedings but rather in

particularly severe punishments), Virginia prosecutors were able to maintain the current racial

hierarchy by learning how to deal with the restrictions of new procedural guidelines and

circumvent obvious displays of racism in the courtroom (Rise, 1992). This case also illustrated

the decline of mob action as the White population put more faith in the local law enforcement

and the criminal justice system to “control crime and violence and maintain domestic stability”

(Rise, 1992, p. 464).

The reliance on the criminal justice system to dispense justice did not completely

eradicate the use of lethal vengeance against Blacks in the mid-20th century. In the Groveland

case (1950-1954), one of the four Black males charged with the rape of a White woman was

killed by a sheriff’s posse while asleep in the woods (Greenberg & Himmelstein, 1969). One of

the two defendants who had their original conviction reversed by the USSC after being sentenced

to death was killed by a sheriff as he was on his way to court for a retrial; the other defendant

was resentenced to death in court (Greenberg & Himmelstein, 1969). In addition, the

sixteenyear-old defendant who was sentenced to life in prison (due to his age or the jury’s doubts

about his guilt) would not appeal his life sentence because he was afraid he might receive a death

sentence in a second trial (Greenberg & Himmelstein, 1969).

In 1962, a Black male convicted of rape in Arkansas presented statistical evidence to the

United States Court of Appeals for the Eighth Circuit in 1962 and 1968 (Maxwell v. Bishop) in an

effort to demonstrate that Black defendants who raped White women were more likely to receive

a death sentence in Arkansas than those who raped Black women (Baldus & Woodworth, 1998;

Paternoster, 1991). Despite statistical evidence that supported the existence of racial disparities

in death sentences for rape which could not be explained by other factors (and that the racial

combination of Black offender and White victim was the most important factor in determining

the likelihood of a death sentence), the United States Court of Appeals for the

Eighth Circuit denied the claim that Maxwell’s death sentence was unconstitutional based on the

equal protection clause of the 14th Amendment (Paternoster, 1991; Baldus & Woodworth, 1998).

Not only was the validity of this evidence called into question (i.e., there were not enough

racially neutral or legally relevant factors taken into consideration in the analysis), but the Eighth

Circuit Court of Appeals also rejected a claim of racial discrimination because there was no

direct evidence that the defendant was the subject of racial discrimination in his individual case

(Paternoster, 1991; Baldus & Woodworth, 1998). This denial of relief was appealed to the USSC

but Maxwell’s death sentence was vacated on other grounds by the Eight Circuit Court of

Appeals (Paternoster, 1991; Baldus & Woodworth, 1998).

Wolfgang & Riedel (1973) examined data on 3000 rape convictions in 11 southern states

(230 counties) over a 20 year period (1945-1965) and found striking racial differences while

controlling for over two dozen variables related to offender/victim characteristics, the

offendervictim relationship, characteristics of the offense, and circumstances of the trial. They

concluded that rapes in the South involving Black offenders and White victims had a

considerably higher likelihood of resulting in a death sentence than rapes involving any other

racial combination, and that this differential judicial treatment could not be accounted for by

legally relevant differences among rapes or rapists (Wolfgang & Riedel, 1973). In general, Black

offenders were six and a half times more likely to be sentenced to death for rape than Whites, and

when the victim was a White woman, Blacks were eighteen times more likely to be sentenced to

death than rapes involving any other racial combination (Wolfgang & Riedel, 1973). Woflgang

& Riedel (1973) examined the racial effect separately for those rapes involving a

contemporaneous offense and the racial effect persisted. Thirty-nine percent of Black offenders

who raped White women

while committing another crime were sentenced to death compared to only two percent of all

other racial combinations of offender and victim involved in these offenses.

Using a multivariate statistical analysis in a follow-up study, Wolfgang & Riedel (1975)

explored a variety of offender, victim, and case characteristics in 361 rape cases from a sample of

25 Georgia counties from 1945-1965 that resulted in a death sentence and found that the racial

combination of the offender and victim (Black offender with a White victim) was the most

powerful predictor of the death penalty while controlling for 14 legally relevant variables. These

findings are consistent with both previous and subsequent studies that have identified that Black

defendants have suffered from racial discrimination and more severe treatment in the criminal

justice system with respect to sexual assault cases, especially those involving White victims

(Bradmiller & Walters, 1985; Dorr, 2000; Flanigan, 1974; Greenberg & Himmelstein, 1969;

Johnson, 1957; Marquart et al., 1994; Paternoster, 1991; Williams & Holdcomb, 2004).

In summary, the law has historically been used to maintain social control of segments of

the population considered to be inferior. The institution of slavery, the Black codes, the Jim

Crow laws, and lynching were all measures taken by the White population to preserve their own

dominance in society while subjugating the Black population through fear and violence. Racial

discrimination in 20th century death penalty sentencing, especially with regards to the rape of

White women by Black men, demonstrated that the effects of racism and racial inequality had

survived several centuries of evolving social relations in the United States and remained

institutionalized in the criminal justice system and the capital punishment process. The next

section examines the capital punishment process itself, including its evolution through statute

reforms, a review of the empirical research on racial discrimination in the capital punishment

process and qualitative studies on capital juries, aggravating factors in the North Carolina capital

punishment process, and geographical variations in the application of the death penalty.

The Capital Punishment Process

Evolution of the Contemporary Capital Punishment Process

Similar to early attempts at ensuring procedural fairness for slaves and Blacks in the

colonial and antebellum periods, a number of contemporary case decisions, laws, and

amendments were designed to produce racial equality in the capital punishment process. For

example, defendants could appeal their case based on a violation of the “equal protection” clause

within the 14th Amendment by showing that purposeful discrimination within their individual

case had occurred, and could make an 8th Amendment claim if they could prove that the death

sentence had been imposed on them in an arbitrary manner (e.g. the imposition of the death

penalty based on “legally impermissible factors” such as race) (Paternoster, 1991, p. 141). It has

been suggested that the 14th Amendment was passed by Congress to end the inconsistency in

legal treatment (with respect to racial differences) that had been a result of the racial

discrimination created by the “Black codes” (Paternoster, 1991). Specifically, this amendment

declares that states may not have two different penalties for the same offense based on race and

forbids the practice of “differentially prosecuting crimes” depending on the race of the victim

(Paternoster 1991, p. 140). However, several cases have demonstrated that social scientific data

identifying racial disparities in the criminal justice system has been insufficient in proving the

existence of purposeful racial discrimination against an individual defendant as a violation of the

8th and 14th Amendments (e.g., Maxwell v. Bishop, 1970; McClesky v. Kemp, 1987).

Prior to Witherspoon v. Illinois (1968), the voir dire standard (i.e., the process of

determining whether or not prospective jurors can be impartial and base their decision on the

facts of the case) excused any individual who was morally opposed to the death penalty (Sandys

& McClelland, 2003, p. 387). Since challenges for cause were unlimited based on the Sixth

Amendment guarantee of an impartial jury, prospective jurors who were opponents of capital

punishment were excluded from capital cases (i.e., cases in which the death sentence was a

sentencing option) as they did not meet the death-qualification status (i.e., following the law and

exhibiting impartiality in the determination of a fair sentence) (Sandys & McClelland, 2003).

Therefore, in capital cases prior to Witherspoon v. Illinois (1968), prospective jurors who were

considered death-qualified “might be expected overwhelmingly to be proponents of capital

punishment and thus differ in significant ways” (p. 387) from individuals excluded from jury

service due to their reservations about the morality of the death penalty (Sandys & McClelland,

2003). The Witherspoon decision established a new death-qualification standard that excluded a

smaller group of prospective jurors who possessed an “unmistakably clear” opposition to capital

punishment (i.e., they would “automatically vote against” the death penalty) (Sandys &

McClelland, 2003, p. 388).

One of the most important USSC cases related to capital punishment was Furman vs.

Georgia (1972); this case declared that existing death penalty statutes were in violation of the 8th

and 14th Amendments (e.g., cruel and unusual punishment; arbitrary sentencing; violation of due

process) and therefore unconstitutional (Paternoster, 1991; Poveda, 1996; Wolfgang & Riedel,

1973; Wolfgang & Riedel 1975; Zimring, 2003). This decision, which identified that full jury

discretion in capital punishment sentencing allowed for racial discrimination (i.e., there was no

reasonable explanation as to why the infrequent imposition of the death penalty resulted in

disparate sentences of life or death for similar heinous crimes) reversed 631 death sentences

(Baldus, Woodworth & Pulaski, 1990; Bohm, 1991; Paternoster, 1991; Wolfgang & Riedel, 1973;

Wolfgang & Riedel, 1975). While the Furman decision declared that the current procedures for

imposing the death penalty were unconstitutional, it did not claim that capital punishment itself

was unconstitutional as a practice (Paternoster, 1991).

As a swift response to the Furman decision, USSC cases such as Gregg v. Georgia (1976)

Proffitt v. Florida (1976), and Jurek v. Texas (1976) provided guided discretion statutes in an

effort to reinstate the constitutionality of the death penalty (Bohm, 1991; Paternoster, 1991;

Wolfgang & Riedel, 1975; Zimring, 2003). These statutes provided sentencing direction to

capital juries with respect to consideration of aggravating and mitigating circumstances, called

for the review of the appropriateness of the death penalty, and provided for bifurcated capital

trials (Paternoster, 1991; Wolfgang & Riedel, 1975; Zimring, 2009). As a result, these decisions

effectively reinstated the death penalty for murder in 32 states within three years after the

Furman decision and death rows began to fill up once again in the mid-1970’s (Baldus &

Woodworth, 1998; Paternoster, 1991; Wolfgang & Riedel, 1975). However, while these statutes

were purportedly created to remove arbitrariness and racial discrimination from the capital

punishment process, a continuing disproportionate amount of discretion in each stage of the

capital sentencing process (e.g., consideration of aggravating and mitigating circumstances) led

many to believe that these statutes were a “cosmetic legislative change” that did little to ensure

the constitutionality of the capital punishment process (Zimring, 2003, p. 173).

In 1977, Coker v. Georgia ruled that the death penalty for the rape of an adult woman was

unconstitutional under the 8th Amendment clause referring to cruel and unusual punishment

(Paternoster, 1991). In other words, capital punishment was considered an excessively severe

punishment for individuals charged with rape, as there is no loss of life involved in these

particular cases (Paternoster, 1991). Therefore, the capital punishment process was also

considered inappropriate for additional offenses that did not result in loss of life (e.g.,

kidnapping; burglary; armed robbery) (Paternoster, 1991). In a recent case, the Louisiana State

Supreme Court contested that the Coker v. Georgia decision only applied to the rape of adult

women and regarded other non-homicide crimes as open to discretion, and further stated that a

trend toward the constitutional implementation of the death penalty for child rape had emerged in

the United States (Kennedy v. Louisiana, 2007). The USSC, however, overturned the State

Supreme Court’s decision and claimed that despite the “moral depravity” (p. 4) of the act, the

death penalty must be held for “the worst of crimes” (p. 5) (i.e., those crimes in which an

individual’s life is taken) and therefore Louisiana could not lawfully impose the death penalty for

child rape in accordance with the 8th Amendment as it was not a proportional punishment

(Kennedy v. Louisiana, 2007).

In an effort to offset intentional racial discrimination, the Supreme Court noted in Batson

v. Kentucky (1986) that “purposefully excluding people from jury service based on their race

undermines public confidence in our justice system” while harming both the defendants and the

jurors who were wrongfully excluded (Grosso & O’Brien, 2012, p. 1543). However, evidence

suggests that this decision did little to counteract the underlying racial discrimination present in

jury selection as prosecutors used the majority of preemptory strikes against prospective Black

jurors compared to Whites available in the jury pool (Grosso & O’Brien, 2012; Sundby, 2005).

Not only does the systematic exclusion of Blacks from capital juries raise questions about

underlying racial discrimination and the “perceived legitimacy of the criminal justice system,”

but it also negatively influences the “jury’s deliberative thoroughness” and thus undermines the

jury’s decision to sentence an individual to life or death (Vidmar, 2012, p. 1972). For example,

evidence suggests that all-White juries in North Carolina (or North Carolina juries containing

one Black individual) often misunderstood and disregarded evidence and mitigation factors

central to capital cases, resulting in short deliberations and sentences of death (Vidmar, 2012).

In the 1987 case of McCleskey v. Kemp, McCleskey, who had been sentenced to death for

the murder of a White police officer, appealed to the USSC when statistical analysis conducted

by Baldus, Woodworth, and Pulaski (1990) identified extreme racial disparities in Georgia

sentencing procedures (Paternoster, 1991). Baldus et al. (1990) conducted a study of over 2,400

Georgia offenders who had been convicted of homicide (1973-1978), collecting information on

over 500 variables from each case (e.g., offender and victim characteristics, the nature of the

crime, types of evidence/legal representation) and found that an offender’s odds of receiving a

sentence of death was 4.3 times higher when the victim was White (compared to Black victims)

and a Black defendant/White victim had the highest likelihood of leading to a sentence of death

among all racial combinations while controlling for all legally relevant and racially neutral

variables. Despite this statistical evidence produced by “the most rigorous and most careful

study of criminal sentencing yet conducted” (p. 282) demonstrating a general pattern of racial

bias in the legal system, McCleskey was executed as he could not legally prove that “intentional

discrimination” occurred in his specific case (Paternoster, 1991, p. 144; Baldus & Woodworth,

1998).

The success of contemporary efforts to ensure racial equality in the capital punishment

process were similar to early attempts at ensuring procedural fairness for slaves and Blacks in the

colonial and antebellum periods. Several of these efforts appeared to be cosmetic in nature with

the hidden purpose of justifying the use of the death penalty and easing concerns of racial

discrimination. Further, statistical evidence demonstrating the racial biases inherent in the capital

punishment process was insufficient in generating the judicial and legislative attention necessary

to make fundamental changes to the death penalty. A review of the empirical research on racial

discrimination in the capital punishment process, as well as an overview of the qualitative studies

on capital juries, further supports the contention that racial discrimination continues to affect the

capital punishment process in the current era despite efforts to ensure racial equality.

An Overview of the Empirical Research on Racial Discrimination in the Capital Punishment

Process

Historically, Black defendants have been disproportionately executed in the United States

(Wolfgang & Riedel, 1975). Of the 3,859 executions that took place during the pre-Furman

years (1930-1967) (most for murder and most in the southern states), approximately 55% have

been Black with approximately 90% of those executed for rape (455 executions) involving Black

offenders (Baldus & Woodworth, 1998; Bradmiller & Walters, 1985; Paternoster, 1991; Vandiver

et al., 2003; Wolfgang & Riedel, 1975). This trend has not significantly changed since the

Furman decision, as 40% of all those executed since 1977 have been Black, with 80% of

homicides involving White victims (Paternoster, 1991; Poveda, 2006). However, racial

disparities in the imposition of the death penalty alone may not signify the presence of racial

discrimination (Bohm, 1991; Wolfgang & Riedel, 1973). Studies examining racial

discrimination in capital sentencing during the pre-Furman era were inconclusive as they did not

control for racially neutral or legally relevant factors (e.g., criminal records; the brutality of the

crime, multiple victimizations; additional felonies committed during the rape offense)

(Paternoster, 1991).

Since the Furman era, numerous methodologically rigorous studies have attempted to

reveal “strong statistically significant differences in the proportions of Blacks sentenced to death,

compared to Whites” while considering a wide-range of racially neutral variables, in an effort to

demonstrate that disparities in sentencing are a result of racial discrimination (Paternoster, 1991;

Wolfgang & Riedel, 1973, p. 119). In 1990, the General Accounting Office (GAO) published the

results of a comprehensive review of 28 empirical studies conducted by a variety of researchers

during the 1970’s and 1980’s in an effort to assess the degree in which the existing death penalty

literature supported claims of race-of-victim and race-of-offender discrimination (Baldus &

Woodworth, 1998). The results of the review indicated that regardless of the sample used,

methodology employed, or analyses implemented (as well as the overall quality of the study),

82% of the studies found a race-of-victim effect at all stages of the capital punishment process, in

which capital murder cases involving White victims were more likely to result in a death

sentence than cases involving Black victims (regardless of the race of the defendant) (Baldus &

Woodworth, 1998). While these findings were consistent overall, there was some variation at

different stages of the capital punishment process (e.g., prosecutorial discretion; plea bargaining)

due to differences in sample sizes and analyses employed. The review did not find a clear race-

of-offender effect as most of the studies displayed potential interaction effects between the race

of the offender and other factors (e.g., geographical area) (Baldus & Woodworth, 1998). In

studies that found the racial combination of Black offender and White victim to have the highest

likelihood of leading to a death penalty, it was unclear if the finding was influenced by a race-of-

victim or a race-of-offender effect (Baldus & Woodworth, 1998). Baldus and Woodworth (2003)

found similar results in their review of death penalty empirical studies conducted from 1990 to

2003, with most studies revealing race-of-victim effects but no race-ofoffender effects.

Since 2003, research studies utilizing more comprehensive databases and employing

different analytical techniques have either revealed a weaker race-of-victim effect than what was

originally found in earlier studies or an interactive effect between the race of the victim and

additional factors (e.g., the gender of the victim; regional disparities) (Kavanaugh-Earl et al.,

2010). For example, findings from Williams and Holcomb’s (2004) study revealed an

interactive effect between victim gender and race for death penalty sentencing outcomes in Ohio,

suggesting that a race-of-victim effect found in sentencing decisions is likely to be a result of

death penalty cases involving White female victims. The next section examines recent empirical

research on racial discrimination and the death penalty that utilizes the North Carolina Capital

Sentencing Project data set, including a quantitative approach to the study of rape, race, and

capital punishment.

Empirical Research on Racial Discrimination and the Death Penalty using the North Carolina

Capital Sentencing Project Dataset

The North Carolina Capital Sentencing Project (NCCSP) offers a comprehensive data-set

in which multiple analytical approaches may be used to assess the relationships between

defendant and victim race combinations and a jury’s likelihood of producing a sentence of death

(while considering additional factors such as aggravating and mitigating circumstances) across

the population of capital murder trials from 1977 (the year that North Carolina capital sentencing

statutes went into effect) through 2009 (the most recent year that data is available for the

majority of capital murder cases) (Kavanaugh-Earl et. al, 2010). The difficulty in determining

the actual number of capital murder trials in North Carolina during the period under investigation

is due to the complex nature of the North Carolina capital punishment system and the absence of

a “centralized source of information” (Stauffer et al., 2006, p. 103). While the majority of cases

can be detected through appeals of death sentences (North Carolina Supreme Court) and appeals

of first-degree murder convictions resulting in life sentences (Court of Appeals and the Supreme

Court), cases in which defendants do not appeal (e.g., guilty pleas resulting in life sentences;

upheld convictions with vacated death sentences) are difficult to detect (Stauffer et al., 2006).

However, the dataset is nearly complete despite a few missing cases and approaches the

population of capital jury sentencing decisions in North Carolina during the thirty-three year time

period being studied (n=1,356) (Kavanuagh-Earl et al., 2010; Stauffer et al., 2006). The

advantages of using a North Carolina data set for a study examining race effects in the capital

punishment process is that North Carolina ranked among the top ten states for: number of

individuals on death row, number of executions carried out after the Gregg v. Georgia (1976)

decision, and ratio of homicides to death sentences (Stauffer et al., 2006).

Stauffer et al. (2006) utilized the NCCSP data set in an effort to replicate Williams and

Holcomb’s (2004) findings but did not find any statistically significant race-of-victim or race-

ofoffender effects. Interactive effects between victim gender and race were also not statistically

significant predictors of death sentencing in the Stauffer et al. (2006) study when including

controls for legal and extra-legal factors, as well as specific controls for Black and White female

victim cases. The strongest predictor of death sentencing in Stauffer et al.’s (2006) study was the

number of aggravating circumstances accepted by the jury. Using the NCCSP dataset, Kremling

et al. (2007) compared trials pre- and post-McKoy v. North Carolina (1990) (mitigating evidence

could be accepted without juror unanimity after the McKoy ruling) and found an increase in the

effect of aggravators and a decrease in the effect of mitigators in the post-McKoy era. Further,

findings from the Kremling et al. (2007) study revealed that race-of-victim and race-of-offender

effects were not statistically significant predictors of death sentencing when controlling for

factors such as aggravators and mitigators.

In an effort to examine the potential impact of the ECL on contemporary jury-sentencing

decisions in rape-involved capital murder trials in North Carolina (i.e., Black defendants

convicted of rape-involved capital murder of White females are disproportionately more likely to

be sentenced to death), Cochran et al. (2015) used the NCCSP dataset to examine the direct and

independent effects of both defendant’s and victim’s race, as well as offender-victim racial dyads,

on contemporary capital sentencing outcomes, while controlling for the influence of a variety of

legal and extra-legal case characteristics (e.g., total number of aggravating and mitigating factors

accepted; number of accomplices involved in the offense; presence of physical evidence linking

the defendant to the offense; victim’s age, marital status, and involvement in criminal activity;

victim-offender relationship; geographical location of the offense and trial, respectively). Results

of the regression analysis revealed considerable support of the ECL of lethal vengeance,

demonstrating that Black males convicted of a rape-involved capital murder of a White female

victim are substantially more likely to receive a sentence of death, especially when there are

additional aggravating circumstances accepted by the jury. However, Cochran and his colleagues

(2015) point out that a deeper qualitative analysis of the multiple dimensions of the ECL (i.e., the

interconnections of race, gender, and class in the South; the credibility of the White female

victim; geographical variations in the application of the death penalty) is still needed to explore

their relative influence on sentencing decisions in rape-involved capital murder trials.

An Overview of Qualitative Studies of Capital Juries

While racial discrimination can be present at every stage of the capital punishment

process (e.g., prosecutorial discretion; the exclusion of minorities from jury duty), the jury makes

the final decision of producing a sentence of life or death for the defendant; this decision may be

influenced by individual information processing and the group dynamics of the jury (Baldus &

Woodworth, 1998; Bohm, 1991; Costanzo & Costanzo, 1992). Courts and legislatures have

designed a series of rules to guide the jury’s death penalty sentencing decision (e.g., accepting

and weighing mitigating and aggravating circumstances) so that it may reflect a legal opinion,

yet a jury’s decision to sentence someone to life or death is ultimately a product of each

individual’s beliefs, moral values, and emotions (Blume, Eisenberg, & Garvey, 2003; Sundby,

2005). According to a sociological model of law, juries often make their ultimate sentencing

decision based on “their personal beliefs and feelings, and only afterward turn to the written law

for a justification” (Black, 1989, p. 5). A jury’s feelings toward a particular case, victim, or

defendant are often influenced by the social characteristics (i.e., the individuals involved) and

social structure of the case (i.e., the relative social standings of the individuals involved) (Black,

1989). The claim that “social information is an essential ingredient of discrimination” is

evidenced by juries who produce different sentencing outcomes in similar cases (i.e., comparable

circumstances and evidence) based on the social information (e.g., race, ethnicity, and economic

status of the defendant and victim, respectively) and social structure of the case (e.g., relative

distance in social status and respectability between the defendant and victim) (Black, 1989, p.

64; Johnson, 2003).

Over the past 25 years, the Capital Jury Project (CJP) has collected data from extensive

interviews with over 100 jurors from every jurisdiction in 14 states, with at least four jurors

selected from every trial (Bowers, 1995; Bowers et al., 2004). The CJP has published

approximately 50 research studies concerning a variety of factors related to capital juries, such

as: the selection process and objectivity (Sandys, 1995; Sandys & McClellan, 2003);

comprehension of or misinterpretations of instructions or responsibilities (Barner, 2014;

Eisenberg and Wells, 1993; Eisenberg, Garvey, & Wells, 1996; Garvey, Johnson, & Marcus,

2000; Bowers, Fleury-Steiner, & Antonio, 2003; Bowers & Steiner, 1999; Foglia, 2001), and

feelings (e.g., empathy; anger) toward the victim and defendant, respectively, at both the guilt

and sentencing stages of the process (Antonio, 2006; Bowers, Sandys, & Steiner, 1998; Sundby,

1998, 2003). The current study adds to the CJP research regarding arbitrary race-based

sentencing within capital murder trials (Bowers et al., 2004; Bowers, Steiner, & Sandys, 2001;

Bowers & Foglia, 2003; Bowers & Steiner, 1998; Brewer, 2004; Eisenberg, Garvey, & Wells,

2003; Foglia, 2001; Foglia & Schenker, 2001).

Since the CJP research focuses on issues related to jury racial composition, attitudes, and

related capital sentencing decisions, it was not included in Baldus & Woodworth’s (2003)

empirical overview of studies (Kavanaugh-Earl et al., 2010). However, findings of racial

influences on juries’ death penalty sentencing decisions from the CJP research (1990-2003) are

consistent with the general findings from a number of empirical studies with methodologies that

utilized hypothesis testing and regression techniques (Baldus and Woodworth, 2003, 2004;

Kavanaugh-Earl et al., 2010). Bowers et al. (2001), for example, conducted an extensive study

examining the effect of capital jury composition (and related attitudes and decision-making

processes) on sentencing decisions for three defendant-victim racial combinations (WdWv, BdBv,

and BdWv cases). The main findings indicated that juries consisting predominantly of White

males were more likely to generate a sentence of death in BdWv murder trials, while juries

consisting of Black males decreased the likelihood of a death sentence in these cases (Blume et

al., 2003; Bowers et al., 2001; Sundby, 2005). The effect of jury racial composition on death

sentencing was only seen in interracial cases, suggesting that juries in BdWv murder cases are

more likely to possess “cultural baggage” that can influence capital jury decisions on the basis of

traditional racial stereotypes (Bowers et al., 2001, p. 180).

Juries are intended to function as “a significant and reliable objective index of

contemporary values" (Gregg v. Georgia, 1976, p. 181) so that the sentencing decision in a

capital trial represents “the evolving standards of decency that mark the progress of a maturing

society" (Witherspoon v. Illinois, 1968, p. 519, quoting Trop v. Dulles, 1958, p. 101) (Costanzo &

Costanzo, 1992; Sundby, 2005). The ECL hypothesis suggests that jury decisions in

contemporary rape-involved homicide cases still reflect the values of a long-standing southern

tradition of race-based lethal violence and vigilantism targeted against Black men who rape and

kill White women. The inexperience of jury members in determining the appropriate punishment

for defendants in capital trials (e.g., misunderstanding jury instructions) exacerbated by personal

biases and pre-conceived notions of who deserves life and who deserves death has

“resulted in a pattern of verdicts indicating that extralegal factors such as race influence juries'

decisions” (Blume et al., 2003; Costanzo & Costanzo, 1992, p. 186; Vidmar, 2012).

In summary, the contemporary capital punishment process has evolved over the last few

decades as death penalty statutes continued to undergo procedural reforms leading up to and

following the Furman decision. It has been stated that these efforts were often cosmetic in nature

with the hidden purpose of justifying the use of the death penalty and easing concerns of racial

discrimination. Further, statistical evidence demonstrating the racial biases inherent in the capital

punishment process has been generally insufficient in generating the judicial and legislative

attention necessary to make fundamental changes to the death penalty. An overview of the

empirical research on racial discrimination in the capital punishment process further supports the

contention that despite efforts to ensure racial equality, the contemporary capital punishment

process is biased against Black men who commit crimes against White women. In addition, data

from the CJP has demonstrated that the strength of racial influences on jury sentencing decisions

in capital trials may vary based on the racial composition of the jury, the comprehension or

misunderstanding of jury instructions, and the jury’s preconceptions and personal beliefs about

the defendant. The role of aggravating factors in the North Carolina capital punishment process

is examined in the next section.

Aggravating Factors in the North Carolina Capital Punishment Process

Capital juries in North Carolina only have two options in making a sentencing

recommendation: a sentence of life in prison (with no possibility of parole unless executively

pardoned) or a death sentence. Before making a recommendation of life or death, the jury must

unanimously agree on these four decision points: (a) at least one of the eleven statutory

aggravating circumstance exists, is relevant to the case, and has been proven beyond a reasonable

doubt (see Appendix A); (b) any aggravating circumstance accepted by the jury must justify a

sentence of death; (c) aggravating circumstances must outweigh mitigating circumstances in

order to move to the mitigation phase (see Appendix B); and (d) the jury must reach a final

sentencing recommendation of life or death (Blume et al., 2003; Stauffer et al., 2006). If the jury

is unable to unanimously agree on each of these decision points throughout the proceedings, the

defendant is sentenced to life in prison regardless of the circumstances of the case (Stauffer et al.,

2006).

While these guidelines carry specific instructions for the jury’s consideration of

aggravating circumstances, evidence from Luginbuhl and Howe’s (1995) study of discretion in

capital sentencing instructions indicated that 48 percent of North Carolina jurors thought they

were allowed to weigh nonstatutory aggravating factors, 26 percent thought they were allowed to

consider aggravating factors that had not been proven beyond a reasonable doubt by the

prosecution, and 22 percent assumed they could take into account aggravating factors regardless

of juror unanimity (Blume et al., 2003). These findings are consistent with additional evidence

indicating that capital juries have often found jury instruction (with respect to the acceptance and

weighing of aggravating and mitigating factors) to be unclear and frustrating (Barner, 2014;

Eisenberg and Wells, 1993; Garvey, Johnson, & Marcus, 2000; Bowers & Steiner, 1999).

According to a general principle of social psychology, racial biases are more likely to affect

contemporary capital sentencing decisions in trials with confusing instructions because jurors are

more likely to be influenced by personal racial stereotypes “when they lack enough specific

information to make an individualized judgment” (Johnson, 2003, p. 151). In other words, racial

influences are the strongest when jurors draw from their own preconceptions in the absence of

specific and understandable facts (Johnson, 2003).

Moreover, evidence suggests that the largest racial disparity is seen in death penalty cases

involving “mid-level aggravation as determined by measures of culpability” (e.g., number of

aggravators accepted by a jury in capital sentencing trials) (Applegate, Wright, Dunaway,

Cullen, & Wooldredge, 1993; Baldus et al., 1990; Devine, Buddenbaum, Houp, Studebaker, &

Stolle, 2009; Johnson, 2003; Kalven & Zeisel, 1966; Kavanaugh-Earl et al., 2010, p. 158;

Sorenson & Wallace, 1995). Jury discretion in the recommendation of life or death is less

flexible at each end of the “culpability spectrum”: cases in which only one or two aggravators are

accepted by the jury are much less likely to recommend a sentence of death than cases involving

murder at the high end of aggravation (four or more aggravators accepted by the jury) based on

the jury’s perception of what constitutes a fair sentence (Kavanaugh-Earl et al., 2010, p. 158).

The empirically supported “liberation theory” suggests that cases allowing greater jury discretion

in capital sentencing (i.e., there is greater ambiguity in what constitutes a fair sentence based on

the facts of the case) invite “extra-legal factors such as race” to enter the decision-making

process (Kavanaugh-Earl et al., 2010, p. 159; Baldus et al., 1990; 1998; 2003; Devine et al.,

2009; Johnson, 2003).

Experimental research on the liberation hypothesis has mostly been based on mock jurors

and there has been a conspicuous absence of studies in the literature that have directly tested the

liberation hypothesis at the jury level utilizing a large and diverse sample of real verdicts (Devine

et al., 2009). In studies conducted by Reskin & Visher (1986) and Visher (1987) based on

analyses of 38 sexual assault cases (direct courtroom observation; post-trial juror interviews),

extralegal factors had the strongest influence on jury sentencing decisions in cases with weak

evidence compared to stronger cases. While these studies provided some evidence in support of

the liberation hypothesis, they were limited by a small sample size, a focus on pre-deliberation

judgments, and the failure to classify cases with evidence of moderate strength levels (Devine et

al., 2009; Reskin & Visher, 1986; Visher, 1987). In Devine et al.’s (2009) study of 179 criminal

jury trials, extralegal factors (e.g., pretrial publicity; severity of the charge; complexity of the

trial) had the strongest influence on jury sentencing when the prosecutor’s evidence was

moderate in strength; the demographics (e.g., race and gender) of the defendant, however, did not

follow this pattern of influencing jury sentencing (Devine et al., 2009). Additional research has

suggested that the liberation hypothesis is inapplicable to cases involving Blacks who murder

Whites since racial biases are prevalent in these cases regardless of the seriousness of the crime

or the prosecutor’s strength of evidence (Keil & Vito, 1989). Additional research utilizing a large

and diverse sample of jury trials focusing on the relationships between victim/offender

demographics and strength of evidence/seriousness of crime would help assess the efficacy of the

liberation hypothesis (Devine et al., 2009).

In summary, despite the court’s explanation of aggravating factors and how they may be

considered in North Carolina capital trials, jurors have continued to express confusion and

frustration regarding these instructions and their responsibilities in giving them consideration and

weight. This miscomprehension passively encourages jurors to rely on their own preconceptions

about the defendant, many of which are based on their own personal racial biases. The strength

of these racial influences is compounded in cases where a clear sentencing decision is not readily

available to the jury. The next section provides an examination of geographical variations in the

use of the death penalty.

Geographical Variations in the use of the Death Penalty

There is an intriguing relationship between the geographical variation in the use of the

contemporary death penalty and the geographical variation of slavery and its resultant social

relations (Lofquist, 2002). While there is lack of consensus in what constitutes “the South,” it

may be argued that the institution of slavery and the Civil War shaped the South in a way that it

is comprised by every state containing an above average number of slaves at the start of the Civil

War (Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Maryland, Mississippi,

Missouri, North Carolina, South Carolina, Tennessee, Texas, and Virginia) in addition to

Oklahoma due to its geographical location in the South and its history of racial violence (e.g.,

lynchings) (Lofquist, 2002). Prior to the Civil War, the development of slavery in the South

often depended on the geographical conditions of the state (Lofquist, 2002). For example, the

harsh conditions of eastern Tennessee, North Carolina, and Kentucky hindered the expansion of

slavery and plantation culture in these respective geographic locations (Lofquist, 2002).

Further, lynching was also distributed unevenly across different geographical locations

(Messner, 2005; Tolnay & Beck 1995; Tolnay, Deane, & Beck 1996). Lynching was uncommon

Table 4. Levels of Death Penalty Intensity by State.

Death Penalty

Intensity

Description

States (Year Abolished)

Abolitionist

The death penalty is not available by

statute.

Alaska (1957), Connecticut (2012),

Hawaii (1957), Illinois (2011), Iowa

(1965), Maine (1887), Maryland (2013),

Massachusetts (1984), Michigan (1846),

Minnesota (1911), Nebraska (2015),

New Jersey (2007), New Mexico (2009),

New York (2007), North Dakota (1973),

Rhode Island (1984), Vermont (1964),

West Virginia (1965), Wisconsin (1853)

Inactive

The death penalty is available, but death

sentences are rarely sought and even more

rarely moved through the appellate

process toward executions.

Colorado, Kansas, Montana, New

Hampshire, South Dakota, Wyoming

Active

The death penalty is sought at an average

or below-average rate, reversals occur at

average rates, and executions are carried

out at an average or below-average rate.

Delaware, Idaho, Indiana, Kentucky,

Oregon, Utah, Washington

Symbolic

The death penalty is sought at

aboveaverage or high rates but rarely

results in an execution despite average or

belowaverage reversal rates.

California, Nevada, Ohio, Pennsylvania,

Tennessee

Inefficient

The death penalty is sought at a high or

very high rate, but reversals are common

and executions are performed at a

moderate or low rate.

Alabama, Arizona, Arkansas, Florida,

Georgia, Mississippi, North Carolina,

Oklahoma

Aggressive

The death penalty is sought at a high or

very high rate, reversals are limited in

number, and executions are carried out at

a high rate.

Louisiana, Missouri, South Carolina,

Texas, Virginia

Sources: Lofquist (2002); http://www.deathpenaltyinfo.org/states-and-without-death-penalty

(2015)

in the states bordering the north and much more frequent in the "Black Belt" of the South (e.g.,

South Carolina; Georgia; Alabama; Mississippi; Louisiana) due to the dominance of slavery in

these states (Tolnay et al., 1996, p. 791; Tolnay & Beck 1995). Tolnay and Beck (1995)

identified a strong connection between the frequency of lynching and the historic racial violence

against Blacks. Lynching was also connected to the size of the Black population yet was

unrelated to formal actions of the criminal justice system (Tolnay & Beck, 1995). Interpretations

of these findings suggested that lynching and mob violence served to maintain White dominance

in the South at a time when newly freed Blacks threatened the racial hierarchy that had been

established through slavery (Messner, 2005; Tolnay & Beck, 1995). Translated to the

contemporary application of the death penalty, a legacy of lynching may generate cultural

support of lethal violence as a tool used for conflict resolution, specifically the punishment of

Blacks who engage in behavior deemed worthy (albeit subjectively) of state-sanctioned death

(Messner et al., 2005). Further, the strength of this cultural support is expected to vary in

different regions of the South geographically relative to the legacy of lynching in the South

(Messner et al., 2005).

Today, the application of the death penalty at the state level also corresponds to the

established notion of the death penalty as a “regional phenomenon” and is connected to slavery

and other race-based forms of social control (e.g., the Black Codes; Jim Crow Laws; lynching;

legal lynchings) (Lofquist, 2002, p. 1512). While the South is notably committed to the

institution of the capital punishment, there is considerable variation in the actual application of

the death penalty across the southern states (see Table 4) (Lofquist, 2002). For example, while

death sentencing rates are among the highest in the South, several southern states are more

moderate in their death sentencing rates while high reversal rates are also focused primarily in

the South (especially the Southeast) (Lofquist, 2002). Despite comparable “levels of

commitment to death sentencing,” aggressive states such as Missouri, Texas, and Virginia have

much higher rates of execution than North Carolina and other inefficient states that are

geographically close in proximity (e.g., Oklahoma; Arkansas) (Lofquist, 2002, p. 1543). Some

explanations for this variation in death penalty intensity are connected to variations in urban

poverty, drug use, size of the Black population, Black marginalization and inequality, welfare

support, institutional support, and formal criminal responses to crime across the southern states

(Lofquist, 2002). However, evidence suggests that the relationship between the death penalty

and a history of slavery, racial oppression, race-based executions, and lethal violence are just as

strong as the relationship between the death penalty and contemporary social conditions

(Lofquist, 2002, p. 1510).

Although aggressive in seeking the death penalty, North Carolina has a 3.39% death

sentencing rate (448 death sentences were carried out for over 13,000 murders), due in large part

to court decisions (high removal rates) and steady reversal rates (53% of convictions reversed on

appeal) over the last few decades (similar patterns are seen in Alabama, Ohio, and Florida)

(Lofquist, 2002). Therefore, North Carolina is part of the “Inefficient” group comprised of

states with high rates of seeking the death penalty and high reversal rates thus resulting in low or

moderate rates of executions (Lofquist, 2002). When comparing geographical variations in the

application of the death penalty in North Carolina and South Carolina, offender and victim race

played a greater role in charging decisions made by the prosecution in South Carolina compared

to North Carolina (Paternoster, 1991). This variance is particularly noteworthy as the respective

death penalty statutes of these neighboring states are considerably similar in how they have been

historically structured (Lofquist, 2002; Paternoster, 1991).

The intrastate geographical variations in North Carolina’s death penalty intensity are also

consistent with evidence documenting the uneven distribution of death penalty use within states

(Lofquist, 2002). Further, this intrastate variation of death penalty application in the South

appears to coincide with the southern cultural legacy of slavery and Black oppression (Lofquist,

2002). The ECL is thus not expected to endure in areas of North Carolina that were not heavily

Figure 2. Percent of North Carolina Slavery Population by County, 1860. Source:

http://www.learnnc.org/ populated by slaves (e.g., the mountains of Western North Carolina) or

regions that have become urbanized (e.g., Central North Carolina) (see Figure 2) (Lofquist,

2002). The ECL is expected to be most prominent in Eastern regions of North Carolina where

slavery was most prevalent (Lofquist, 2002). More research is needed to explore how jury

decisions are related to intrastate geographical variations in the North Carolina capital

punishment process as they relate to the ECL of the South. The next section examines how the

ECL that has been explored throughout this chapter exerts its influence on jury sentencing

decisions in the contemporary capital punishment process.

An Enduring Cultural Legacy

Despite the passing of constitutional amendments, decisions by the Supreme Court, and

the Civil Rights movement that each aimed to ensure racial equality, the current study contends

that a legacy from the slave codes, Black codes, and lynchings in the South have facilitated the

“emergence of cultural supports for the use of lethal violence” that have persisted to the present

day, especially with regard to capital cases of rape-involved homicides committed by Black men

against White women (Messner et al., 2005, p.637). Lofquist’s (2002) assertion that “historical

practices of executions and race-based lethal violence, and underlying patterns of social relations

rooted in slavery, are at least as important as contemporary measures of social conditions in

shaping death penalty intensity” (p. 1510) is supported by many scholars who have argued that:

1) the death penalty is utilized today as a partial replacement for past vigilantism in an effort to

maintain the racial hierarchy of the antebellum south; and/or 2) the slave and Black codes

“solidified attitudes and expectations that have continued in operation long after the laws that

supported them had been abolished” (Vandiver et al., 2003, p. 83; see also Bohm, 1991; Bowers

et al., 1984; Jacobs et al., 2005; Messner et al., 2005; Paternoster, 1991; Phillips, 1987; Poveda,

2006; Zimring, 2003). Findings from Vandiver et al.’s (2003) analysis of the 1858 Slave Code of

Tennessee, for example, demonstrated that racial discrimination was institutionalized in the law

and the criminal justice system and that the racial biases inherent in the slave codes have

maintained an indirect effect on racial considerations in the capital punishment process to this

day. The enduring effects of slavery have permeated the contemporary capital punishment

process by perpetuating the belief that Blacks are inferior, do not deserve the full protection of

the law, and deserve harsher treatment than Whites convicted of similar crimes (Vandiver et al.,

2003).

The conceptual link between the legacy of lynching and the current imposition of the

death penalty is also compelling (Zimring, 2003; Jacobs et al., 2005). While lynching exists

outside of the formal sanctioning of the law, its goal is similar to the legitimate use of capital

punishment in that they both apply “lethal violence for purposes of social control” (Messner et

al., 2005, p. 637). These findings suggest that “a tradition of lethal vigilantism” may contribute to

current racial disparities in the capital punishment process as the death penalty may be partly

utilized as a legal form of vigilante justice or as a tool for Whites to maintain notions of racial

supremacy (Jacobs et al., 2005, p. 672). In this way, a legacy of lynching may generate cultural

support of lethal violence as a tool used for conflict resolution, specifically the punishment of

Blacks who engage in behavior deemed worthy (albeit subjectively) of state-sanctioned death

(Messner et al., 2005). Further, the strength of this cultural support is expected to vary in

different regions of the South geographically relative to the legacy of lynching in the South

(Messner et al., 2005).

In the colonial and antebellum South, White men strongly believed that slaves and free

Blacks were predisposed to rape and that this crime only applied to "respectable" White women

(Bardaglio, 1994, p. 772); this “peculiar chivalry” (Marquart et al., 1994, p. 65) expressed itself

in southern laws and customs (including the torture, mutilation, lynching, and execution of Black

men who were either convicted or accused of raping White women) designed to protect White

women and preserve White hegemony in the South (Dorr, 2000; Kay & Cary, 1995; Kennedy,

1997). In post-Coker trials, racial discrimination against Blacks manifested itself in many

decision-making points of rape-involved capital murder trials (Wolfgang & Riedel, 1973;

Paternoster, 1991). Findings of numerous studies suggest that Black offenders and those who

victimize Whites are more likely to be indicted for and convicted of a capital crime, and are also

more likely to be sentenced to death and to have their sentences carried out compared to White

offenders and those who victimized Blacks, especially when rape is involved (Baldus &

Woodworth, 1998; Bradmiller & Walters, 1985; Dorr, 2000; Flanigan, 1974; Greenberg &

Himmelstein, 1969; Johnson, 1957; Marquart et al., 1994; Paternoster, 1991; Stauffer et al.,

2006; Vandiver et al., 2003; Williams & Holdcomb, 2004; Wolfgang & Riedel, 1973, 1975).

This evidence suggests that the “peculiar chivalry” still expresses itself in contemporary capital

cases of rape-involved homicides by producing the harshest sentences for Black men who rape

and kill White women (Marquart et al., 1994, p. 65).

Lofquist (2002) identified three major predictors of “death penalty intensity” (measured

by the death sentencing rate, the reversal rate, and the execution rate for murders and capital

convictions, respectively) in the post-Furman era until 1998 (the most recent year that data was

available for this research): 1) having been a slave jurisdiction; 2) the number of lynchings after

emancipation; and 3) the number of state executions from 1930-1967. North Carolina is

identified as an “Inefficient” state with high rates of seeking the death penalty and high reversal

rates thus resulting in low or moderate rates of executions (Lofquist, 2002). The strong

relationship between traditions of slavery, institutionalized racism, and lynching, and

contemporary levels of death penalty intensity (especially across regions with historically intense

application of these practices) in North Carolina provides support for the ECL hypothesis

(Lofquist, 2002).

In summary, evidence suggests that an ECL stemming from historical traditions of

slavery, lynching, a desire of White men to protect White women from slaves and Blacks

(especially with regard to rape), and racial oppression against Blacks in general has been

institutionalized in the criminal justice system. The use of law as social control, acts of lethal

vengeance, and a peculiar chivalry have each contributed to an ECL that affects jury sentencing

decisions in the capital punishment process today. The goal of the current study was to explore

the impact of the ECL on jury sentencing decisions in contemporary rape-involved capital

murder trials in North Carolina, as represented by the following research question:

(R1) Are juries in rape-involved capital murder trials in North Carolina more likely to

recommend a sentence of death when the defendant is a Black male and the

victim is a White female compared to White male defendants and White female

victims?

Using a North Carolina data set containing information pertaining to the demographic

characteristics of offenders and victims and data on the death penalty case itself (e.g.,

aggravating and mitigating circumstances), the current study employed a qualitative approach to

capital sentencing decisions in North Carolina for rape-involved first-degree murder cases from

1977-2009. The combination of a tradition of slavery and historically systemic racism (that has

been especially prominent in North Carolina, a former Confederate state), and a tradition of

chivalry that has historically exacerbated sentences carried out for offenses committed against

White women are likely to express themselves with a greater likelihood of a capital sentence for

rape-involved homicides committed by Black defendants against White victims (Stauffer et al,

2006). The sample of cases for the qualitative analysis was all rape involved capital homicide

trials in North Carolina from 1977-2009 that involve Black or White male defendants and White

female victims at least 16 years old (n=58). These trials were drawn from a larger North

Carolina data set of 1356 death sentencing trials that contain information pertaining to the

demographic characteristics of offenders and victims and data on the trial itself (e.g., aggravating

and mitigating circumstances). Newspaper articles served as additional qualitative data points

for the triangulation of data to make the findings more credible.

Based on the review of the literature, the current study offered the following hypothesis

regarding the effect of the ECL on jury sentencing decisions for contemporary rape-involved

capital murder trials in North Carolina:

(H1) Juries in rape-involved capital murder trials in North Carolina are more likely to

recommend a sentence of death when the defendant is a Black male and the

victim is a White female compared to White male defendants and White female

victims (while accounting for other trial circumstances);

The utilization of qualitative hypothesis testing within an analytic induction framework is

discussed in the next chapter. This study’s value to social science is that if findings are consistent

with the ECL hypothesis, then it may be argued that despite positive steps toward the suppression

of racial discrimination in the capital punishment process in the United States, the enduring

effects of a cultural legacy of Black oppression and historic and systemic racial discrimination in

the criminal justice system still express themselves in jury sentencing decisions of contemporary

rape-involved capital homicide trials.

Chapter Three

Methods

In the current study, I employed a qualitative approach to test the hypothesis that an

enduring cultural legacy (ECL) continues into the current era in which juries in rape-involved

capital murder trials in North Carolina are more likely to recommend a sentence of death when

the defendant is a Black male and the victim is a White female compared to White male

defendants and White female victims. The employment of qualitative hypothesis testing within

an analytic inductive framework offered an innovative approach to the data that elucidated the

legal (e.g., circumstances of the case; aggravating and mitigating factors) and extra-legal (e.g.,

race of the defendant and victim, respectively) factors that influence death sentence

recommendations in North Carolina. Within the qualitative analysis, I considered how salient

factors of the trial (e.g., the perceived brutality of the crime) and multiple dimensions of the ECL

(e.g., the impact of the liberation hypothesis; the credibility of the White female victim;

geographical variations in the use of the death penalty) might have affected North Carolina jury

sentencing decisions in rape-involved capital murder trials. An introduction to qualitative

hypothesis testing within an analytic framework is presented below.

Analytic Induction

Analytic induction is a process in which the researcher systematically analyzes data in an

effort to develop theoretical conclusions that “cover the entire range of the available data” (Bloor

& Wood, 2006, p. 13). The researcher begins the analytic induction process by forming an initial

hypothesis and then actively seeking out disconfirming cases throughout the analysis to develop

a more comprehensive theory (Bloor & Wood, 2006; Ratcliff, 1994). Qualitative hypothesis

testing within the analytic induction process involves the comprehensive review and

documentation of each unit of analysis to determine if the case supports, does not support, or

rejects the initial hypothesis. Qualitative hypothesis testing and analytic induction rely on the

identification of observations in the data that represent the phenomenon in the context of the

hypothesis; the documentation and analysis of these observations facilitates the process of

revisiting and modifying the original hypothesis with the objective of representing the

phenomenon in the most accurate manner possible (Bloor & Wood, 2006; Ratcliff, 1994). In

other words, the researcher continuously considers evidence that contradicts the hypothesis when

modifying the developing theory (Bloor & Wood, 2006).

While the process of analytic induction may lead to a comprehensive understanding of

the phenomenon under investigation, any general statements that are made are subject to

modification based on the discovery of exceptions (Ratcliff, 1994). The analysis is thus tentative

and provisional throughout the study and only becomes comprehensive once the data is

completely collected (Ratcliff, 1994). The six steps of the analytic induction process as utilized

within the current study [1) defining a phenomenon in a tentative manner; 2) developing a

hypothesis about it; 3) considering a single instance to determine if the hypothesis is confirmed;

4) redefining or revising the hypothesis if it is not confirmed; 5) examining additional cases to

gain confidence in the hypothesis if it is repeatedly confirmed; 6) reformulating the hypothesis

for each negative case until there are no exceptions] is presented in further detail later in the

chapter. With respect to step 6 of the analytic induction process, I actively sought out and

reviewed disconfirming cases to explore why certain trial outcomes did not support the

hypothesis. However, I anticipated through my employment of qualitative hypothesis testing

that I would discover trials that completely rejected the hypothesis and thus I would not be able

to reformulate the hypothesis to represent all trials in the data set (Berg, 1989; Ratcliffe, 1994;

Robinson, 1951). Therefore, I approached the utilization of analytic induction as a

methodological framework for the analysis and used the reclassification of hypothesissupporting,

hypothesis-rejecting, and hypothesis-non-supporting trials across the BdWv and WdWv trials in

the data set to determine the overall level of support for the ECL hypothesis with the

understanding that not all trials could be represented by a single hypothesis (this is examined

further throughout the remaining chapters).

Sample

The universe of cases for the qualitative analysis is all rape involved capital homicide

trials in North Carolina from 1977-2009 that involve Black or White male defendants and White

female victims. These cases are drawn from a larger North Carolina data set of 1356 death

sentencing trials that contain information (collected by Smith, Bjerregard, and Fogel) pertaining

to the demographic characteristics of offenders and victims and data on the case itself (e.g.,

aggravating and mitigating circumstances) for capital murder trials from 1977 (the year that

North Carolina capital sentencing statutes went into effect) through 2009 (the most recent year

that data is available for the majority of capital murder cases). The reviews of these capital

murder trials in North Carolina were gathered from LexisNexis searches of North Carolina

Supreme Court and Court of Appeals cases. A case is defined as “capital” if:

(a) first-degree murder conviction was secured, (b) the state sought the death penalty,

and (c) the trial advanced to a sentencing phase whereby the jury recommended

either a life sentence or the death penalty for the defendant. (Stauffer et al., 2006,

p. 101)

Additional data was gathered from public record materials (e.g., defendant and state briefs, a jury

form: Issues and Recommendation as to Punishment) that include information on the details of

the crime (e.g., aggravating and mitigating factors; the jury’s sentencing recommendation).

Demographic information of the defendants (e.g., age, race, sex) was collected from the North

Carolina Department of Corrections Web site (http://www.doc.state.nc.us/offenders) while the

demographic information of the victims is collected from two sources: the North Carolina Vita

Records: Deaths 1968-1996 CD-ROM and the North Carolina Medical Examiner’s Office (1997-

2010).

Boundary Conditions for Case Requirements

A “rape-involved” variable was created to include all cases containing a “yes” response to

at least one of the following variables: “sexual assault mentioned to the jury” or “rape accepted

as aggravator.” This revealed 155 death penalty trials that make up the total population of rape-

involved capital homicide trials in North Carolina from 1977-2009. Trials that resulted from the

post-conviction appeals process (e.g., full retrials, resentencing hearings of death sentences) were

included in the data and analyzed as separate cases due to the fact that sentence recommendations

were made by different juries and thus may have reflected different decision making processes

(n=11). All trials involving a rape or sexual offense (including attempted rape) were included in

the data set. According to North Carolina General Statutes, Chapter 14, Article 7A, first degree

rape takes place when:

a person forces the victim to have non-consensual sex, and either possesses a deadly

weapon, inflicts serious injury upon the victim, or is aided by one or more other persons;

second degree rape takes place when:

a person forces a victim to have non-consensual sex, and the victim is incapable of giving

consent because of a mental disability or incapacitation, or physical helplessness.

(North Carolina Sexual Assault Laws, 2015)

The only difference between rape laws and sexual assault laws (with respect to crime

classifications) in North Carolina is that the definition of rape only applies to vaginal penetration

while the definition of sexual offense includes forced anal penetration (North Carolina Sexual

Assault Laws, 2015).

In order to clarify any differences in race-of-victim effects the present study restricts

cases in the analyses to those that only involve White female victims and Black or White male

offenders (n=92) (Black female victims and “other” racial groups such as Asian, Hispanic,

American Indian may reflect different sentencing experiences) (Demuth & Steffensmeier, 2004;

see also Stauffer et al., 2006). BdWv and WdWv trials are the purest types of defendant-victim

racial combinations to be used for comparative purposes because they hold the white female

victimization constant. In addition, trials included in the qualitative analysis were restricted to

White female victims who were at least 16 years old (age of consent in North Carolina).

Rapeinvolved homicide trials involving girls under the age of 16 would reflect different

influences on jury sentencing decisions beyond the scope of the current study (e.g., pedophilia).

During the research process, 34 trials were excluded from the analysis for two main

reasons: 1) they did not involve a male committing a rape or sexual offense (or attempted sexual

offense) against a female (while she was still alive) (n=17) or; 2) the victim was under the age of

16 (n=13) (see Table 5). Two additional trials that were excluded involved White female victims

who were raped but not murdered, while two other trials were excluded because the cases were

Table 5. Trials Excluded from the Analysis.

Life (n=17)

Death Penalty (n=17)

BdWv

Liberated (n=2)

• Forney (1984) – all convictions reversed

(lack of evidence)

• Hunt (1989) – retried non-capitally

Non-liberated (n=1)

• Yelverton (1993) – woman survived murder

attempt

Liberated (n=7)

• Brown (1982) – no rape

• Chapman (1995) – no rape (consensual sex)

• Monroe (1992) – no rape aggravator, no

witnesses, no DNA testing, verdict and

sentence overturned, lack of information

regarding rape and case circumstances

• Roseboro (1996) - reasonable doubt that the

sexual assault occurred before the victim was

deceased

• Roseboro (1999) - reasonable doubt that the

sexual assault occurred before the victim was

deceased

• Thomas (1996) – sexual assault after death

• Thomas (1991) – sexual assault after death

Non-liberated (n=2)

• Lemons (1998)- no sexual assault

• Smith (1998) – no rape/male victim

WdWv

Liberated (n=14)

• Franklin (1983) – 15 year old girl

• Morris (1992) – 2 year old; no aggravators

found

• Joyner (1991) – male murder victim/no rape

• Sumpter (1986) – indecent liberties with a 13

year old girl

• Murdock (1989) – post-death sexual assault to

cover up murder

• Fisher (2002) – no rape/male murder victim

• Harris Jr. (1996) – no rape involved

• Prevette (1986) - charge of first degree sexual

offense voluntarily dismissed prior to trial

• Hartley (2011) – 14 year old girl

• Lee (1998) – 2 year old boy

• Bowman Jr. (2002) – 13 year old girl

• Johnson (1980) - 10 year old boy

• Ridgeway (2007) – 14 year old girl

• Silhan, (1981) – two rape victims were 14

and 17; only 14 year old was murdered.

Liberated (n=8)

• Johnson (1978) – 10 year old boy

• Chandler (1996) – no sexual assault/rape

• Silhan (1981) - two rape victims were 14 and

17; only 14 year old was murdered.

• Kandies (1996) – 4 year old girl

• Steen (2000) - no evidence of sexual offense

• Roper (1991) – woman raped, man murdered

• Billings (1998) – 12 year old girl

• Wilkinson (1996) – sexual assaults after death

retried capitally and had all convictions reversed, respectively. Thus, the final sample of cases is

comprised of 58 rape-involve homicide trials involving White or Black male defendants who

raped (or sexually assaulted) and murdered White female victims who were at least 16 years old.

In determining the boundary conditions for case requirements, I had multiple conversations with

a death penalty expert to discuss how these decisions would impact the qualitative analysis (e.g.,

rules for reclassification) and the interpretation of the findings (i.e., coming to an agreement

regarding the reclassification of hypothesis supporting, hypothesis-rejecting, hypothesis-

nonsupporting trials).

The unit of analysis for the qualitative analysis is the LexisNexis case narrative that

provides detailed descriptions of the trial (e.g., specific circumstances, aggravating and

mitigating factors). Each case narrative is available online and may be found through the

LexisNexis Academic search engine by looking up a legal case, restricting the search to North

Carolina, and entering search terms relevant to the case (e.g., defendant name; county). These

case narratives are found in the “opinion” section of a larger document that includes information

on: the defendant’s prior history; the court’s disposition; an overview and outcome of the case; a

case summary and headnotes; and a proportionality review conducted by the court. Conducting

the type of qualitative analysis employed in the current study requires the use of a detailed and

factual record of the specific circumstances of the crime; the case narratives available in the case

documents satisfy this requirement (Bienen, 1996). Descriptive summaries of the case narratives

included in the qualitative analysis are presented in Appendix C.

Hard copies of the LexisNexis documents including the case narrative, some of which

include highlights and handwritten notes by the coder of the file, are also available in file folders.

The file folders are arranged alphabetically by county (where the sentencing took place) and

stored in file cabinets; the files are arranged in the file folders alphabetically by the defendant’s

last name. Each of the files include the NCCSP coding sheet (used to build the quantitative data

set of 1356 cases), while some files also include: a brief handwritten summary of the case

recorded by the coder of the file (different than the LexisNexis case narrative) and newspaper

articles (cut out from a newspaper or printed from an online source), references to news sources,

or notes about the lack of news coverage.

In addition to collecting information from newspaper articles found within the files

themselves, I collected additional trial information from newspaper articles located through

LexisNexis Academic, Access World News, and Google searches using the names of the

defendant and the victim, the county in which the trial took place, and search terms such as

“North Carolina,” “death,” and “murder.” The search procedures involved reading all available

news articles (e.g., electronic copies of actual newspapers; electronic newspapers) and

identifying whether they contained information relevant to the trial. When multiple sources

(e.g., online local newspapers) published identical news stories (e.g., Associated Press articles), I

documented and analyzed one article and used quotes from the same article. Information

collected from the newspaper articles were utilized for the purposes of triangulation in the

current study (i.e., multiple sources of data containing a variety of qualitative data points are

used to corroborate the findings by offering multiple ways to view and test a phenomenon)

(Paternoster & Kazyaka, 1989, 1990; Denzin & Lincoln, 1994; Golafshani, 2003). The richness

of data varies from case to case based on the amount and quality of materials available in each

folder and found through subsequent online searches for supplementary information.

The rich, descriptive case narratives and supplementary materials related to North

Carolina rape-involved capital homicide trials that are available for qualitative analysis provide

an important reminder that “statistics can inform human judgment, not substitute for it” (Latzer,

2001, p. 1234). Therefore, while the results of the regression analysis performed by Cochran et

al. (2015) revealed considerable support of the ECL of lethal vengeance (i.e., Black males

convicted of a rape-involved capital murder of a White female victim are substantially more

likely to receive a sentence of death, especially when there are additional aggravating

circumstances accepted by the jury), a qualitative analysis of the multiple dimensions of the

ECL (e.g., the impact of the liberation hypothesis; the credibility of the White female victim;

geographical variations in the application of the death penalty) is still needed to explore their

relative influence on sentencing decisions in rape-involved capital murder trials. In the next

section, I discuss my coding strategy and the impact of the ECL dimensions on the analysis.

Coding and Impact of the ECL Dimensions

As part of the reading and documentation strategy, I created a list of defined emic (i.e.,

derived from the data) and etic (i.e., derived from theory) codes, in which code words served as

references to important observations found in the data (Seidel, 1998). Building a codebook

containing detailed descriptions and examples of each emic and etic code helped organize the

data in order to facilitate the reclassification process (Seidel, 1998). Coding in this sense is thus

a representation of observations discovered in the data and does not guarantee that all codes will

represent the same exact observation nor does it relieve the researcher of the responsibility to

continuously develop the coding process (Seidel, 1998). In an effort to ensure data saturation, I

continued the reading, coding, and documentation process until no new relevant information

could be derived from the data that would contribute to the developing theory (Bloor & Wood,

2006; Tracy, 2013).

In developing the coding process, I did not wish to simply reproduce the codebook used

for the quantitative analysis of the data set already built and utilized in Cochran et al.’s (2015)

study. I constantly reminded myself that the goal of the reading and documentation process

within the qualitative analysis was to use the data gathered from the case narratives and

newspaper articles to provide a “comprehensive portrait of each homicide” included in the

universe of cases to facilitate the hypothesis-testing and reclassification process (Paternoster &

Kazyaka, 1990, p. 487). As mentioned earlier, the rich, descriptive case narratives and

supplementary materials related to North Carolina rape-involved capital homicide trials that are

available for an in depth qualitative analysis of the data were utilized to explore the salient

circumstances of the trial that may not have been captured in the quantitative analysis (e.g., the

perceived brutality of the crimes) and the relative influence of multiple ECL dimensions on

sentencing decisions in rape-involved capital murder trials.

In addition, I focused on utilizing thick description within the structured reading and

documentation strategy to identify and represent thematic observations in the data. Thick

description, the process by which human behavior is described in context so that it becomes

meaningful to an outside audience, was utilized in the current study through the documentation

and presentation of verbatim transcriptions of text to give context to the thematic observations

used to facilitate the reclassification process (Geertz, 1973; Strauss & Corbin, 1994). In other

words, I presented meaningful descriptive data to the reader to help them understand the

qualitative findings and develop their own interpretations (Patton, 1990). When different articles

used the same passage of text, I used a single source to document the quote. This descriptive data

is included in each of the results tables presented in the next chapter.

The emic coding process involved open coding the data set in which I created general

categories of codes for specific passages of text to represent observations found in the data that I

believed influenced jury sentencing decisions (e.g., evidence) (Seidel, 1998). Next, I carefully

scrutinized the text passages to identify specific sub-codes that more accurately represented the

specific observation (e.g., strength of evidence, physical, sperm/DNA, witnesses) (Seidel, 1998).

Coding relevant trial information (e.g., prosecutorial misconduct; court error) that led to retrials

or resentencing hearings also facilitated the examination of variation in different juries’

consideration of similar trial circumstances (e.g., acceptance of different aggravating factors;

recommendations of different sentences). Since some case circumstances recorded for an initial

trial carried through to penalty phase retrials and resentencing hearings, passages of text and their

respective codes were sometimes used for more than one trial (e.g., in cases where the case

description remained the same). A list of emic category and subcategory codes, including

definitions and examples, is presented in Table 6a.

The creation of etic codes was influenced by the multiple dimensions of the ECL as

described in the review of the literature: 1) consideration of the liberation hypothesis (i.e., trials

where there is greater ambiguity in what constitutes a fair sentence based on the facts of the

case); and 2) the credibility of the White female victim (e.g., drug use, engaging in risky

behavior). These dimensions were carefully considered in the comprehensive reading and

analysis of each of the rape-involved capital homicide case narratives and newspaper articles in

the data set to aid in the interpretation of the findings and subsequent re-sorting (i.e.,

reclassifying) of the hypothesis-supporting, hypothesis-non-supporting, and hypothesis-rejecting

cases. A list of etic category and subcategory codes, including definitions and examples, is

Table 6a. Emic Category Codes, Emic Subcategory Codes, Definitions, and Examples.

Emic

Category

Codes

Emic

Subcategory

Codes

Definitions

Examples

Defendant

Background

Childhood

Instability

Alcohol/Drugs

Personality

Disorders

Mental

disorders

The defendant had an abusive/traumatic childhood.

The defendant had an unstable lifestyle (e.g. family,

employment, relationships).

The defendant used, abused, and/or was dependent on

drugs and/or alcohol.

The defendant had a personality disorder(s).

The defendant had a mental disorder(s).

“They moved to North Carolina and defendant's parents divorced. Defendant's father later shot

his mother, for which defendant blamed himself. Defendant once took an overdose of pills and

once cut his wrists.” (LNA, 1994, p. 11)

“Defendant dropped out of school and took a job washing dishes…Defendant got a job and a

place to live, but he often lost his wallet and keys. Defendant's friends were younger and used

drugs and alcohol.” (LNA, 1994, p. 11)

“Defendant has a history of substance abuse, especially crack cocaine and alcohol.” (LNA,

1994, p. 5)

“Dr. James Hilkey, an expert forensic psychologist, testified that defendant has a cognitive

disorder and personality disorder with features of a schizotypal personality disorder and a

dependent personality disorder.” (LNA, 2010, p. 9)

“Dr. Bob Rollins, a forensic psychiatrist, testified that defendant suffered from mental disorders

and that he was under the influence of these disorders at the time of the crime. The disorders

impaired his ability to understand and conform to appropriate standards of behavior.” (LNA,

1995, p. 10)

Evidence

Strength of

Evidence

Physical

Sperm/DNA

Witnesses

Was the evidence overwhelming against the defendant

or circumstantial/conflicting?

Was there physical evidence linking the defendant to

the crime?

Was the defendant’s sperm/DNA found in/on the victim

or at the scene?

Were there witnesses to the crime who positively

identified the defendant?

“This is so because evidence of this defendant's guilt was overwhelming. A ring identified as

one previously worn by defendant was found in the body of Ms. Chalflinch…” (LNA, 1982, p.

11)

“A bloody palm print lifted from the bedroom wall of the apartment was unquestionably

identified as being that of the defendant.” (LNA, 1982, p. 11)

“A DNA analysis of semen and spermatozoa samples taken from the victim's body matched the

DNA profile for defendant.” (LNA, 1998, p. 10)

“Thereafter, several eyewitnesses saw defendant beating the victim and then saw the victim get

into defendant's car. The eyewitnesses reported the incident along with the car's license plate

number to police.” (LNA, 1981, p. 1)

Table 6

a (Continued). Emic Category Codes, Emic Subcategory Codes, Definitions, and

Examples.

Emic

Category

Codes

Emic

Subcategory

Codes

Definitions

Examples

Mitigation

Number

Type

Salience

How many mitigators were submitted/accepted by the

jury?

What type of mitigators were submitted/accepted by the

jury? (see Appendix C)

The coder’s subjective interpretation of how each

mitigator might weigh on the jury’s decision.

“We note that the jury found circumstances (4), (8), (11), (13) and (17) to exist and to have

mitigating value.” (LNA, 25, 2000)

“The jury found two mitigating circumstances: (1) defendant had no significant history of prior

criminal activity and (2) another unnamed circumstance which the jury deemed to have

mitigating value. The jury did not find defendant's age at the time of the commission of the

crimes to be a mitigating circumstance.” (LNA, 1981, p. 14)

“This analysis demonstrates that juries in North Carolina almost never recommend the death

penalty after they determine that at the time of the crime the defendant was either under the

influence of mental or emotional disturbance or that his capacity to appreciate the criminality of

his conduct and to conform his conduct to law was impaired.” (LNA, 1981, p. 26)

Trial

information

Retrial/

Resentencing

hearing

Court error

Others

involved

Transactionally

joined offenses

Prosecutorial/

officer

misconduct

Pre-trial

publicity

Vacated/

Commuted/

Exonerated

The original trial resulted in a conviction being

overturned or a death sentence being vacated.

The trial court committed error (e.g., jury instructions,

unrecorded bench conferences)

Other men were involved in the rape/and or murder.

Multiple crimes were joined into one trial.

The prosecutors of officers involved engaged in

misconduct leading up to or during the trial.

The trial garnered a great deal of pre-trial publicity due

to the nature of the crime and/or the individuals

involved.

The defendant’s sentence was vacated, commuted, or

led to an exoneration after evidence proved his

innocence.

“In the present case, within an hour after the jury returned its guilty verdict, the trial court

determined that it must remove juror eleven; and the basis was clearly juror misconduct during

deliberations.” (LNA, 2001, p. 4)

“The potential prejudice from improper instructions on this mitigating factor is considerable

because the factor is statutory and, therefore, deemed to have mitigating value.” (LNA, 1991, p.

18)

“As defendant held the victim down, Sanderlin began pricking the victim in the side with a

pocket knife, asking her, "Are you going to give me what I want?" and "If you don't give me

what I want, I will kill you." Sanderlin then began to rape the victim from behind.” (LNA, 2010,

p. 8)

“The state, therefore, produced sufficient evidence that the elements of violence and taking

were part of "one continuing transaction with the elements of violence and of taking so joined in

time and circumstances with the taking as to be inseparable." (LNA, 1986, p. 7)

“’I don't think it gets much worse than perjury by an officer of the law,’ Goldsmith said.”

(NewsObserver.com, 2008)

“The case attracted widespread attention because of the crime’s brutality and because Lee was

white and Sanders is black.” (Associated Press, 1999)

“For the reasons stated herein, we affirm the order of the superior court vacating defendant's

death sentence and ordering a new capital sentencing hearing.” (LNA, 2005, p. 7)

presented in Table 6b. A more detailed explanation of the ECL dimensions and how they

impacted qualitative analysis is presented below.

With respect to the first ECL dimension, evidence suggests that the largest racial

disparity is seen in death penalty cases involving “mid-level aggravation as determined by

measures of culpability” (e.g., number of aggravators accepted by a jury in capital sentencing

trials) (Applegate et al., 1993; Baldus et al., 1990; Devine et al., 2009; Johnson, 2003; Kalven &

Zeisel, 1966; Kavanaugh-Earl et al., 2010, p. 158; Sorenson & Wallace, 1995). Jury discretion

in the recommendation of life or death is less flexible at each end of the “culpability spectrum”:

cases in which only one aggravator is accepted by the jury are much less likely to recommend a

sentence of death than cases involving murder at the high end of aggravation (four or more

aggravators accepted by the jury) based on the jury’s perception of what constitutes a fair

sentence (Kavanaugh-Earl et al., 2010, p. 158). The empirically supported “liberation theory”

suggests that cases allowing greater jury discretion in capital sentencing (i.e., there is greater

ambiguity in what constitutes a fair sentence based on the facts of the case) invite “extra-legal

factors such as race” to enter the decision-making process (Kavanaugh-Earl et al., 2010, p. 159;

Baldus et al., 1990; 1998; 2003; Devine et al., 2009; Johnson, 2003).

As seen in Table 7, juries in liberated (i.e., greater use of discretion in sentence

recommendations) WdWv rape-involved capital homicide trials involving one, two, or three

accepted aggravators (n=29) recommended a death sentence 65% of the time, while liberated

juries in BdWv rape-involved capital homicide trials involving one, two, or three accepted

aggravators (n=15) result in a death sentence 67% of the time. Further, juries in non-liberated

(i.e., limited use of discretion in sentence recommendations) WdWv rape-involved capital

homicide trials involving four or more accepted aggravators (n=6) recommended a death

Table 6

b. Etic Category Codes, Etic Subcategory Codes, Definitions, and Examples.

Etic

Category

Codes

Etic

Subcategory

Codes

Definitions

Examples

Heinous,

Atrocious, or

Cruel

Brutal

Physical

torture

Psychological

torture

Multiple rape

victims

Multiple

murder

victims

Injuries

Photographs

Begged for

life

The coder’s subjective interpretation as to whether the

rape and/or murder was particularly horrendous.

The defendant inflicted severe pain upon the victim for

an extended period of time and/or for one’s own

pleasure.

The defendant caused the victim to experience extreme

fear leading up to and during the rape and/or murder.

The crime involved multiple rape victims.

The crime involved multiple murder victims.

The number and extent (e.g., severity) of the injuries

sustained by the victim.

Use of photographs to graphically display the

circumstances of the crime.

The victim begged the defendant to spare her life.

“Pieces of flesh were scattered throughout the living area…Ms. Chalflinch’s body had been

mutilated beyond recognition, and several feet of her intestines protruded from a large wound

to her abdomen.” (LNA, 1982, p. 2)

“…defendant tore out the wall between the victim’s vaginal and anal openings and proceeded

to tear out part of the victim’s colon and right kidney; when the victim attempted to crawl from

the truck and fell to the ground, defendant dragged her into the woods some 120 feet on her

back and left her helpless and bleeding to death.” (LNA, 1992, p. 4)

“Suzi Holliman was scratching on the closed trunk lid while her shallow grave was being dug,

just before she was raped and strangled.” (Herald Journal, 1998)

“Two women giving their bodies, raped, and raped. And then …murdered in a most vile

way…” (LNA, 1995, p. 35)

“All three Eastburns’ throats had been slit.” (The New Yorker, 2011)

“…bruising over her head, neck, left arm, shoulder, chest and buttocks; and a broken

tooth…areas of hemorrhage around the brain, swelling and bruising of the brain, sixteen

separate fractures to ten different ribs, and small tears in the inner lining of the chest.” (LNA,

2000, p. 11)

“Several jurors averted their eyes for brief moments as the graphically detailed photos plainly

showed the elderly woman, fully conscious and looking at the camera with a gaping, bloody

wound in her neck.” (The Daily Herald, 2000)

“Amelia called out numerous times to defendant, “please don’t kill me, I will do anything if

you don’t kill me.” (LNA, 1994, p. 21)

“Finally, the sexual assault of the sixteen-year-old victim as well as the mutilation of her body

render this murder particularly dehumanizing.” (LNA, 1997, p. 17)

Table 6

Teenage

victim

Elderly victim

Calculated

planning

Body found

nude

The victim was between the ages of 16 (age of consent

in North Carolina) and 19.

The victim was at least 65 years old (age in a senior

citizen in North Carolina).

The defendant carefully planned the rape and/or murder.

The victim’s body was found nude.

“The murders of Bennett and Strickland – both 86 years old, widows and grandmothers – shook

the community…” (News & Record, 1991)

“Likewise, the defendant’s crime was one of cold calculation wherein he repeatedly sought to

abduct, sexually assault, and then murder female Appalachian State University students.”

(LNA, 1994, p. 31)

“…her body was found nude from the waist down and taped to a tree.” (LNA, 1998, p. 2)

b (Continued). Etic Category Codes, Etic Subcategory Codes, Definitions, and Examples.

Table 6

Etic

Category

Codes

Etic

Subcategory

Codes

Definitions

Examples

Cause of

death

Strangulation

Shot

Stabbed

Bludgeoned

Murder

weapon

The victim was strangled to death.

The victim was shot to death.

The victim was stabbed to death.

The victim was bludgeoned to death.

What was the murder weapon? (e.g., axe, knife,

handgun, shotgun, rock, brick, bare hands)

“…there were signs of both manual and ligature strangulation which was determined to be the

cause of death.” (LNA, 1996, p. 5)

“He stated that the victim had four gunshot wounds to the head and scratches consistent with

drag marks on the back of her body.” (LNA, 1997, p. 5)

“She was standing up when I first stabbed her and I stabbed her some more after she fell – I

stabbed her until she quit moving.” (LNA, 1983, p. 1)

“…Mrs. Baldwin died of blunt-force trauma to the head.” (LNA, 1996, p. 5)

“…screaming in the ditch after being strangled and then blown away in the chest with a

shotgun.”

(LNA, 1995, p. 35)

Rape

Multiple rapes

Attempted

rape

Use of foreign

objects

The victim was raped multiple times.

The defendant attempted to rape the victim but did not

complete the rape.

The defendant sexually assaulted the victim with foreign

objects.

“Bobbie Jean Hartwig, raped and raped, strangled, thrown in a ditch…” (LNA, 1995, p. 35)

“…beating Coltrane and cutting her throat with a serrated ham knife during an attempted

rape.” (News & Record, 2002)

“…while the one hundred year old victim was lying helpless on the floor, he forced a mop

handle into her vagina.” (LNA, 1983, p. 13)

Table 6

Additional

Charges

Type of

additional

charge

Leading up to, during, or after the rape-involved murder,

the defendant was also engaged in a:

a) Robbery

b) Burglary

c) Kidnapping

d) Arson

e) Larceny

“There was no merit to defendant's contention that the State produced insufficient evidence to

support his conviction for robbery with a dangerous weapon where there was direct evidence

that a .410 shotgun and other property was taken from the victim's residence and that the .410

shotgun was used to kill the victim.” (LNA, 1986, p. 3)

“the court directed that with respect to one of the first-degree burglary counts, it would instead

proceed on a charge of second-degree burglary based upon the evidence that at the time

defendant entered the Hudsons' apartment, all victims were deceased.” (LNA, 1996, p. 8)

“…defendant kidnapped the victim from a parking lot, forced her to drive to a secluded

location, brutally raped her, and stabbed her several times, killing her.” (LNA, 1996, p. 7)

“Dr. Butts noted that there was a considerable degree of burning on her body.” (LNA, 1997, p.

“ …this case involved a triple murder, multiple convictions of serious sexual offenses, and

multiple convictions of burglary and larceny.” (LNA, 1996, p. 24)

b (Continued). Etic Category Codes, Etic Subcategory Codes, Definitions, and Examples.

Etic

Category

Codes

Etic

Subcategory

Codes

Definitions

Examples

Aggravators

Number

Type

How many aggravators were submitted/accepted by the

jury?

What type of aggravators were submitted/accepted by the

jury? (see Appendix B)

“The jury found three aggravating circumstances in the present case. The record fully supports

these findings.” (LNA, 1998, p. 13)

“…the jury found as aggravating circumstances that the murder was committed while

defendant was engaged in committing the felony of rape, that the murder was especially

heinous, atrocious, or cruel, and that the murder was part of a course of conduct which

included the commission by defendant of other crimes of violence against another person.”

(LNA, 1998, p. 6)

Table 6

Salience

The coder’s subjective interpretation of how each

aggravator might weigh on the jury’s decision.

“…references to the pitiless and dehumanizing manner of the murder. The acts depicted

highlight the excessive brutality and cruelty of the killing.” (LNA, 1995, p. 19)

Victim

Credibility

Nontraditional

victim

Drug use

Well-

liked/respected

Community

outrage

The victim engaged in disreputable acts or was not

considered a “chaste” white female.

The victim had bought and/or used drugs.

The victim had established a positive presence in the

community.

The crime outraged the community in which it took

place.

“He and other supporters maintain her death was one of a number of homicides of gays and

lesbians during the 1980s in Southeastern North Carolina, targeted for their sexuality.” (Star

News, 2008)

“Ramseur and Walker knew defendant, and the three formerly smoked crack together.” (LNA,

1995, p. 5)

“Karen had a ‘powerful symbolic presence’ in her community.” (Mountain Xpress, 2000)

“The murders of Bennett and Strickland – both 86 years old, widows and grandmothers –

shook the community, especially at First Baptist Church, where the women were longtime

members and volunteers.” (News & Record, 1991)

Racial Issues

Claims of

racial bias

Peremptory

strikes against

jurors

Jury

composition

The defendant claimed that the events leading up to

and/or during the trial were tainted with racial bias.

The defendant claimed the prosecution unfairly used

peremptory strikes against black jurors.

An all-white or nearly all-white jury.

“A juror in the case failed to disclose his own mother had been murdered and sexually

assaulted. They say the same juror used a racial epithet to describe Rouse and expressed racist

attitudes.” (Associated Press, 2004)

“…he was convicted by an all-white jury after the prosecutor removed five blacks from the

jury pool by using peremptory strikes, that is, the right to exclude individuals deemed

unsuitable without giving a reason.” (Amnesty International, 2000)

“In his petition, Mr. Rouse highlighted that he is black, his victim white and he was convicted

by an all-white jury.” (Wall Street Journal, 2010)

Table 7. Death Sentence Recommendations across BdWv and WdWv trials by Total Number of

Aggravators Accepted (n=58).

Total Number of

Aggravators Accepted

BdWv Death Sentence

WdWv Death Sentence

1-3 (Liberated)

10 (n=15) [67%]

19 (n=29)

[65%]

4-9 (Non-liberated)

6 (n=8)

[75%]

6 (n=6) [100%]

sentence 100% of the time, while non-liberated BdWv rape-involved capital homicide trials

involving four or more accepted aggravators (n=8) recommended a death sentence 75% of the

time. However, the employment of the qualitative analysis emphasizes the importance of

investigating the salient circumstances of these trials (e.g., the perceived brutality of the crimes)

in determining the level of jury discretion (i.e., liberation) in sentencing recommendations

beyond just the consideration of how many aggravating factors were accepted. This is examined

in further detail below and throughout the chapter.

A death penalty expert quoted in a Charlotte Observer (2009) article related to one of the

trials included in the analysis (Sherrill, 2009) stated that "To get a death sentence, it's got to be

one of the worst murders and one of the worst defendants." Since the death penalty is supposed

to be reserved for the worst offenders (e.g., exceedingly culpable in their commission of the most

serious and heinous crimes) (Roper v. Simmons, 2005), I focused much of my analysis on the

salient circumstances of the trial that reflected the perceived brutality of the rape, murder, and

trial circumstances. An in depth review of the “liberated” trials provided insight into the relative

weight the jury placed on different aggravators (e.g., the submission and/or acceptance of the

‘especially heinous, atrocious, or cruel’ aggravator [HAC]), the type of rape and/or sexual

offense committed (e.g., attempted rape, anal rape, multiple rapes), and/or the overall

heinousness of the offense (e.g., physical and/or psychological torture) in their sentencing

decisions across BdWv and WdWv trials. For example, a liberated BdWv trial (one, two, or three

aggravating factors) that produced a death sentence was originally considered a

hypothesissupporting case. However, if this trial involved an especially brutal rape and/or

murder that, for example, included the torture of a White female victim, it would have likely

influenced the jury to recommend a sentence of death regardless of the race of the defendant.

Such cases were reclassified as “hypothesis-non-supporting,” as they neither supported nor

rejected the hypothesis.

Cases in which the jury accepted four or more aggravating factors were originally

classified as hypothesis-non-supporting since the jury was not liberated in their sentencing

decision. However, in reviewing these trials I determined that the number of aggravating factors

accepted was not always as impactful on jury sentencing decisions as the salience of the

aggravating factors accepted. The perceived brutality of the crimes often weighed more heavily

on the jurors’ minds than the submission and/or acceptance of multiple aggravators. For

example, trials initially classified as hypothesis-non-supporting based on the liberation

hypothesis (four or more aggravating factors) could have been reclassified as

hypothesissupporting in BdWv trials that did not involve especially brutal case circumstances but

still produced a death sentence. These findings, presented in detail in the next chapter, are

especially interesting in trials that produced retrials and resentencing hearings (e.g., juries

choosing not to accept the HAC aggravator in retrials or resentencing hearings when different

juries accepted the

HAC aggravator in the original trial involving the same circumstances).

The second ECL dimension is related to the credibility of the White female victim. In the

antebellum South, several factors could be considered in rape cases that made female victims feel

as if they were the ones on trial (Giacopassi & Wilkinson, 1985; Bardaglio, 1994; Dorr,

2000). For example, courts often considered the victim’s character determined by her sexual

history (unchaste women were likely to consent to sexual intercourse on subsequent occasions

and lie about such behavior), her respectability in the community (often tied to her class), or

delays in the report of the rape (Giacopassi & Wilkinson, 1985; Bardaglio, 1994; Dorr, 2000).

Rape law in the antebellum South reflected the mistrust White men had in a woman’s chastity

and had a direct bearing on court decisions involving questions of consent, even in cases

involving Black men charged with raping White women (Bardaglio, 1994; Giacopassi &

Wilkinson, 1985). Placing the burden of proof on the rape victim (e.g., victims had to

demonstrate resistance to the rape by showing defensive injuries) and calling the victim’s

credibility into question are courtroom practices that have continued throughout the 20th century

(Bardaglio, 1994; Dorr, 2000; Giacopassi & Wilkinson, 1985). The belief of White males in the

antebellum South that White females could only maintain their “status as innocent victim…as

long as they followed the dictates of middle-class morality” (Dorr, 2000, p. 724) is reflected by

contemporary juries who assume that “nice girls don’t get raped and bad girls shouldn’t

complain” (Giacopassi & Wilkinson, 1985, p. 370).

Throughout the reclassification process, I also considered the credibility of the White

female victims in the rape-involved homicide trials. In addition to reviewing the demographic

information available in the NCCSP data set (e.g., “the victim was involved in some type of

illegal activity that somehow contributed to the incident in which they were murdered”; “the

victim was a voluntary participant in events leading to the murder or consented to the offense”), I

also sought out information in the case narratives and newspaper articles that referenced the

victim’s illicit behavior (e.g., sexual relationships with the defendant; drug use). Trials

involving a disreputable White female victim were automatically reclassified as hypothesis-

nonsupporting since they did not represent the traditional White female victim (e.g., chaste). In

other words, these trials did not directly support or reject the hypothesis (n=6).

Analytic Plan

Since qualitative hypothesis testing is rarely employed in the social sciences, I utilized an

analytic induction approach (Ratcliffe, 1994; Robinson, 1951; Znaniecki, 1934) to provide a

framework for the reclassification of hypothesis-supporting, hypothesis-rejecting, and

hypothesis-non-supporting trials. The process of analytic induction utilized in the current study

can be summarized in six steps:

Step 1: A phenomenon is defined in a tentative manner - the enduring effects of a cultural legacy

of Black oppression (e.g., slavery; segregation; lynching) and historic and systemic racial

discrimination in the criminal justice system have persisted to the present day, especially

with regard to capital trials of rape-involved homicides committed by Black men against

White women.

Step 2: A hypothesis is developed about it - juries in rape-involved capital murder trials in North

Carolina are more likely to recommend a sentence of death when the defendant is a Black

male and the victim is a White female compared to White male defendants and White

female victims (while accounting for other trial circumstances).

Step 3: A single instance is considered to determine if the hypothesis is confirmed – I began my

analysis with BdWv trials with liberated juries that produced death sentences to see if

there was initial support for the hypothesis. The first case included in the analysis was

STATE OF NORTH CAROLINA v. MARTIN RICHARDSON (1996). This case

showed support for the hypothesis: Martin, a Black male convicted of raping and

murdering a White female, was sentenced to death by an all-White jury despite the

presence of numerous mitigating circumstances and trial circumstances that may have not

been so brutal as to justify a sentence of death.

Step 4: If the hypothesis fails to be confirmed either the phenomenon is redefined or the

hypothesis is revised so as to include the instance examined - prior to my review of

STATE OF NORTH CAROLINA v. MARTIN RICHARDSON (1996), the first three

trials I reviewed were excluded from the analysis (there was no rape involved in the first

two trials; the third trial was excluded because there was no rape aggravator, no

witnesses, no DNA testing, an overturned verdict and sentence, and a general lack of

information related to the rape and trial circumstances). Reviewing these trials that were

eventually excluded from the analysis helped facilitate the boundary conditions for case

requirements.

Step 5: Additional cases are examined and, if the new hypothesis is repeatedly confirmed, some

degree of certainty about the hypothesis results - I continued my analysis with BdWv trials

with liberated juries that produced death sentences since I would likely find support for

the hypothesis in these trials and could build a degree of certainty about the hypothesis

results. I found support for the hypothesis in 7 out of 10 of these BdWv trials included in

the analysis. Further, I found support for the hypothesis in 6 out of 10 WdWv trials with

liberated juries that produced life sentences. These trials were also expected to support

the hypothesis.

Step 6: Each negative case requires that the hypothesis be reformulated until there are no

exceptions - Analytic induction emphasizes the importance of identifying cases that do

not support the original hypothesis so one may develop and revise the hypothesis until it

best represents the reality of the phenomenon under investigation (Robinson, 1951). In

the current study, I actively sought out and reviewed disconfirming cases to explore why

certain trial outcomes did not support the hypothesis. However, I anticipated through my

employment of qualitative hypothesis testing that I would discover trials that completely

rejected the hypothesis and thus I would not be able to reformulate the hypothesis to

represent all trials in the data set (Berg, 1989; Ratcliffe, 1994; Robinson, 1951).

Therefore, I approached the utilization of analytic induction as a methodological

framework for the analysis and used the reclassification of hypothesis-supporting,

hypothesis-rejecting, and hypothesis-non-supporting trials across the BdWv and WdWv

trials in the data set to determine the overall level of support for the ECL hypothesis with

the understanding that not all trials could be represented by a single hypothesis (this is

examined in further detail in the next chapter).

In summary, the current study employed a qualitative approach to test the hypothesis that

an ECL continues into the current era in which juries in rape-involved capital murder trials in

North Carolina are more likely to recommend a sentence of death when the defendant is a Black

male and the victim is a White female compared to White male defendants and White female

victims. Within an analytic induction framework, the current study utilized qualitative

hypothesis testing to critically test each of the rape-involved homicide cases in an effort to

elucidate the legal (e.g., circumstances of the case) and extra-legal (e.g., race of the defendant

and victim, respectively; multiple dimensions of the ECL) factors that influence death sentence

recommendations in North Carolina during this time period. The qualitative analysis involved

the comprehensive reading and documentation of case narratives and newspaper articles in which

I re-sorted (i.e., reclassified) the hypothesis-supporting, hypothesis-non-supporting, and

hypothesis-rejecting cases while considering the influence of salient trial circumstances (e.g., the

perceived brutality of the crimes) and multiple dimensions of the ECL (e.g., the liberation

hypothesis, credibility of the White female victim). The following chapter focuses on steps 5 and

6 of the analytic induction process and presents the results of the qualitative analysis.

Chapter Four

Results

The original hypothesis classification for each trial in the data set was based on the

recommended sentence, the number of aggravators accepted (based on the liberation hypothesis,

juries that accepted one, two, or three aggravators were considered liberated, while juries that

accepted four or more aggravators were considered non-liberated), and the race of the defendant

and victim, respectively (see Table 8). The original hypothesis classifications were determined

as follows:

Hypothesis-supporting: Trials involving a Black defendant, a White female victim, a

liberated jury, and a death sentence.

Hypothesis-supporting: Trials involving a White defendant, a White female victim, a

liberated jury, and a life sentence.

Hypothesis-rejecting: Trials involving a Black defendant, a White female victim, a

liberated or non-liberated jury, and a life sentence.

Hypothesis-rejecting: Trials involving a White defendant, a White female victim, a

liberated jury, and a death sentence.

Hypothesis-non-supporting: Trials involving a Black defendant, a White female victim, a

non-liberated jury, and a death sentence.

Hypothesis-non-supporting: Trials involving a White defendant, a White female victim, a

non-liberated jury, and a death sentence.

The findings in Table 8 do not show initial support for the enduring cultural legacy (ECL)

hypothesis. Out of the 58 rape-involved capital murder trials involving White female victims

and Black or White male defendants, 20 (34.5%) show support for the hypothesis, while 26

(44.8%) reject the hypothesis, and 12 (20.7%) do not support the hypothesis. As mentioned

Table 8. Initial Hypothesis Classifications (n=58).

Hypothesis-Supporting

n=20 (34.5%)

Hypothesis-Rejecting

n=26 (44.8%)

Hypothesis-Non-

Supporting n=12

(20.7%)

BdWv

n=10 (17.2%)

(Death)

n=7 (12.1%)

(Life)

n=6 (10.3%)

(Non-Liberated Death)

WdWv

n=10 (17.2%)

(Life)

n=19 (32.8%)

(Death)

n=6 (10.3%)

(Non-Liberated Death)

earlier, these findings that only rely on the number of the aggravating factors accepted and the

race of the defendant and victim, respectively, do not fully represent the explanatory power of

the ECL hypothesis. In turn, the qualitative analysis involved the comprehensive reading and

documentation of case narratives and newspaper articles in which I re-sorted (i.e., reclassified)

the hypothesis-supporting, hypothesis-non-supporting, and hypothesis-rejecting cases to reflect

the salient circumstances of the trial (e.g., the perceived brutality of the crimes committed) while

also considering the influence of multiple dimensions of the ECL (e.g., the liberation hypothesis;

credibility of the White female victim). I had multiple conversations with a death penalty expert

to discuss the qualitative analysis (e.g., rules for reclassification) and the interpretation of the

findings (i.e., coming to an agreement regarding the reclassification of hypothesis supporting,

hypothesis-rejecting, hypothesis-non-supporting trials) so I was able to consider issues of

subjectivity and context (i.e., ensuring my interpretations of the data were not arbitrary) and

increase confidence in the findings. The hypothesis reclassifications are summarized in Table 9

and are broken down further across each potential case outcome (remains hypothesis-supporting,

reclassified hypothesis-supporting, remains hypothesis-rejecting, reclassified hypothesisrejecting,

remains hypothesis-non-supporting, reclassified hypothesis-non-supporting).

Table 9. Hypothesis Reclassifications (n=58).

Hypothesis-Supporting

n=14 (24.1%)

Hypothesis-Rejecting

n=11 (19%)

Hypothesis-

NonSupporting

n=33 (57%)

BdWv

n=8 (13.8%)

(Death)

Remains HS (n=7)

Reclassified HS(n=1)

n=4 (6.9%)

(Life)

Remains HR (n=4)

Reclassified HR (n=0)

n=11 (19%)

Remains HNS (n=5)

Reclassified HNS (n=6)

WdWv

n=6 (10.3%)

(Life)

Remains HS(n=6)

Reclassified HS(n=0)

n=7 (12.1%)

(Death)

Remains HR (n=6)

Reclassified HR (n=1)

n=22 (38%)

Remains HNS (n=5)

Reclassified HNS (n=17)

The findings in Table 9 demonstrate that support for the ECL hypothesis remained weak

after the final sample of trials had been reclassified (n=58). Out of the 58 rape-involved capital

murder trials involving White female victims and Black or White male defendants, 14 (24.1%)

show support for the hypothesis, while 11 (19%) reject the hypothesis, and 33 (57%) do not

support the hypothesis. The reason that the number of hypothesis-non-supporting trials increased

is mostly due to my discovery of especially brutal trial circumstances during the qualitative

analysis that led me to conclude that most juries would recommend sentences of death in these

trials regardless of the race of the defendant. Therefore, these trials neither supported nor

rejected the hypothesis and again illustrate the importance of considering the salience of the trial

circumstances (e.g., perceived brutality) compared to the number of accepted aggravating

circumstances alone. Further, several trials (n=6) involved non-traditional female victims (e.g.,

engaged in drug use) who would not be protected by the ECL and thus were hypothesis-

nonsupportive.

Table 10. Acceptance of the HAC Aggravator across Hypothesis Reclassifications (n=58).

HAC Aggravator

accepted in Hypothesis-

Supporting Trials

n=10 (71%)

HAC Aggravator

accepted in Hypothesis-

Rejecting Trials n=5

(45%)

HAC Aggravator

accepted in Hypothesis-

Non-Supporting Trials

n=25 (76%)

BdWv

n=6 (75%)

Remains HS: n=6

Reclassified HS: n=0

n=3 (75%)

Remains HR: n=3

n=8 (73%)

Remains HNS: n=5

Reclassified HNS: n=3

WdWv

n=4 (67%)

Remains HS: n=4

n=2 (29%)

Remains HR: n=2

Reclassified HR: n=0

n=17 (77%)

Remains HNS: n=4

Reclassified HNS: n=13

The findings in Table 10 demonstrate that the HAC aggravator was accepted in 71% of

the trials that supported the hypothesis. In other words, 6 out of the 7 (86%) liberated juries in

BdWv trials that recommended death sentences when the circumstances of the crimes committed

were not perceived to be so brutal as to justify the imposition of the death penalty also accepted

the HAC aggravator. In addition, 4 out of the 6 (67%) liberated juries in WdWv trials that

recommended life sentences when the circumstances of the crimes committed were perceived to

be brutal enough to justify the imposition of the death penalty also accepted the HAC aggravator.

Further, 3 out of the 4 (75%) liberated juries in BdWv trials that recommended life sentences

when the circumstances of the crimes committed were perceived to be brutal enough to justify

the imposition of the death penalty also accepted the HAC aggravator, while only 2 out of the 6

(29%) liberated juries in WdWv trials that recommended death sentences when the circumstances

of the crimes committed were not perceived to be so brutal as to justify the imposition of the

death penalty accepted the HAC aggravator. These findings suggest two main points: 1) capital

juries in North Carolina may be more likely to accept the HAC aggravator in BdWv rape-

involved homicide trials (compared to WdWv rape-involved homicide trials) when the

circumstances of the trial are not perceived to be especially brutal; and 2) North Carolina capital

juries that accept the HAC aggravator may not be influenced by the race of the defendant when

recommending a sentence of life in rape-involved homicide trials involving especially brutal

circumstances. In addition, the HAC aggravator was accepted in 25 out of the 33 (76%) trials

involving non-liberated juries, suggesting that the majority of North Carolina juries in

rapeinvolved capital homicide trials will accept the HAC aggravator in trials perceived to

involve especially brutal circumstances.

Within the analytic induction process, I started at the core of the data set with trials most

likely to support the hypothesis (e.g., BdWv trials with liberated juries that recommended death

sentences, WdWv trials with liberated juries that recommended life sentences) before moving on

to trials most likely to reject the hypothesis (e.g., BdWv trials with liberated or non-liberated

juries that recommended life sentences, WdWv trials with liberated juries that recommended

death sentences) or fail to support the hypothesis (e.g., BdWv or WdWv trials with non-liberated

juries that recommended death sentences). I proceeded with the analytic induction process in

this manner so I could build an initial degree of certainty about the hypothesis results (Stage 5)

and then systematically and sensibly develop a constantly evolving hypothesis that considered all

exceptions to the original hypothesis and best represented the entire data set when the qualitative

analysis was completed. The original hypothesis in the current study was that juries in

rapeinvolved capital murder trials in North Carolina are more likely to recommend a sentence of

death when the defendant is a Black male and the victim is a White female compared to White

male defendants and White female victims. Within each summary and related interpretations of

individual table findings presented below (Table 11a – 11g), I explain how the hypothesis

evolved throughout the analytic induction process. The order of the trials presented within each

table is the order in which I originally reviewed them and is based on the number of aggravating

factors accepted by each respective jury within each table.

For all BdWv trials with liberated juries that recommended a death sentence (n=17), 7

supported the hypothesis, 0 rejected the hypothesis, 3 failed to support the hypothesis, and 7

were excluded (see Table 11a). Analysis of these trials offered some degree of certainty that the

data supported the hypothesis. Observed themes within these trials that offer support for the

hypothesis are related to: the racial composition of the jury (e.g., all-White or nearly all-White);

the acceptance of the HAC aggravator in trials that did not appear to be especially heinous,

atrocious or cruel; mitigating circumstances (e.g., the defendant’s mental and/or emotional

problems, the defendant’s traumatic childhood or dysfunctional family background) which often

appeared to outweigh the accepted aggravating factors; and concerns about the fairness of the

trial due to prosecutorial misconduct, conflicting testimony, and circumstantial evidence. Only

three trials failed to support the hypothesis due to the fact that the perceived brutality of the

crime (e.g., injuries sustained by the victim during the rape and/or murder) would likely

influence a jury to recommend a sentence of death regardless of the race of the defendant. Thus

the original hypothesis was modified to consider this evidence (Step 6 of the analytic induction

process): juries in rape-involved capital murder trials in North Carolina are more likely to

recommend a sentence of death when the defendant is a Black male and the victim is a White

100

female compared to White male defendants and White female victims only when the

circumstances of the trial are not perceived to be especially brutal.

For all WdWv trials with liberated juries that recommended a life sentence (n=24), 6

supported the hypothesis, 0 rejected the hypothesis, 4 failed to support the hypothesis, and 14

101

Table 11a. Results of Qualitative Analysis: BdWv, Death Penalty, Liberated Jury (n=17).

Defendant

Name

(Race)

Victim

Name

(Race)

Sentence

County

(Region)

Elements Related to ECL

Classification/Reclassification

Process of Hypothesis Reclassification

Sources of Data

Brown,

David

(Black)

Chalflinch,

Christina

(White)

Chalflinch,

Shelly

(White)

Death

(Death

sentence

recommended

for each of the

two murder

convictions)

Union

(Piedmont

Region)

[Moved from

Moore

County due

to pretrial

publicity.]

2 aggravators accepted:

#9: Heinous, atrocious, or cruel

#11: Course of conduct (other crimes of violence

against another person or persons)

“…the bodies of Ms. Chalflinch and her daughter were

found in a mutilated condition in the Chalflinch

apartment. Police officers who entered the apartment

saw blood on the floors and walls of the apartment.

Pieces of flesh were scattered throughout the living area

of the apartment. Small pieces of furniture had been

overturned and several chairs were broken. It was hot

in the apartment and the bodies had already begun to

decompose. Ms. Chalflinch's body had been mutilated

beyond recognition, and several feet of her intestines

protruded from a large wound to her abdomen.

Christina's body also bore multiple stab wounds and a

brown electrical cord had been wrapped around her

neck.” (LNA, 1982, p. 2)

“An autopsy performed on the body of Ms. Chalflinch

revealed approximately 100 stab and cut wounds all

over her body. At least 20 of these wounds were to the

facial area, 12 were in the neck area, and 16 stab

wounds on the right arm appeared to be defensive in

nature. In addition to the numerous wounds to the chest

and shoulder area, a large gaping cut extended down the

left leg from buttock to ankle and a V-shaped

penetrating stab wound in the vaginal and rectal area

created a virtual hole in the body.” (LNA, 1982, p. 2)

Hypothesis-supporting

BdWv , liberated jury (Death)

Hypothesis-supporting

All white jury; prosecutorial misconduct.

Hypothesis-non-supporting

2 victims (mother and 9 year old daughter);

mutilation; overwhelming evidence against

defendant. “The record before us reveals two

of the most bloodthirsty and brutal crimes

which have ever been reviewed by this Court.”

(LNA, 1982, p. 20). The extreme brutality

exhibited in this case would likely lead the jury

to recommend a death sentence regardless of the

race of the defendant.

Excluded from analysis

There was no rape involved in the murders.

LexisNexis

Academic:

306 N.C. 151;

293 S.E.2d 569

1982 N.C. Lexis

1447

Table 11a (Continued). Results of Qualitative Analysis: BdWv, Death Penalty, Liberated Jury (n=17).

102

a (Continued).

Defendant

Name

(Race)

Victim

Name

(Race)

Sentence

County

(Region)

Elements Related to ECL

Classification/Reclassification

Process of Hypothesis Reclassification

Sources of Data

Chapman,

Glenn

(Black)

Ramseur,

Betty

(White)

Conley,

Tenene

(Black)

Death

Catawba

(Western

Region)

2 aggravators accepted:

#3: Previous violent felony

#11: Course of conduct (other crimes of violence

against another person or persons)

“Ramseur's badly decomposed, naked body was

found under the house” (LNA, 1995, p. 5)

“told her he had just killed Chris Walker's girlfriend

by cracking her in the head with a brick” (LNA,

1995, p.

“set the house on fire to hide the evidence” (Death

Watch, 2007)

“…defendant knew both and had smoked crack with

each” (LNA, 1995, p. 4)

“…the victims here were vulnerable in that they

were women who engaged in the high-risk lifestyle

of regular drug use” (LNA, 1995, p. 4)“

“Conley was a young black female who used crack

cocaine daily and paid for her habit through

prostitution. “ (LNA, 1995, p. 4)

“Ramseur and Walker knew defendant, and the three

formerly smoked crack together. Ramseur was on

probation…” (LNA, 1995, p. 5)

Hypothesis-supporting

BdWv liberated jury (Death)

Hypothesis-supporting

Weak evidence; joinder of two murder

charges; officer misconduct; lawyer

incompetence

Hypothesis-non-supporting

Victims discredited (smoked crack with

defendant, prostitution)

Excluded from analysis

The victim had consensual sex with the

defendant. There was no rape involved in the

murders.

LexisNexis Academic:

342 N.C. 330; 464

S.E.2d 661; 1995 N.C.

LEXIS 691

Death Watch

North Carolina

(2007) https://deathwatc

h.wordpress.com

/2007/11/08/new

-trial-for-glenchapman/

The News &

Observer (2008)

http://truthinjusti

ce.org/glenchapman.htm

NC Coalition for

Alternatives to the

Death Penalty (2015)

http://nccadp.org/

stories/edchapman/

Table 11 Results of Qualitative Analysis: BdWv, Death Penalty, Liberated Jury (n=17).

103

Defendant

Name

(Race)

Victim

Name

(Race)

Sentence

County

(Region)

Elements Related to ECL

Classification/Reclassification

Process of Hypothesis Reclassification

Sources of Data

Monroe,

Casey

(Black)

Monroe,

Karen

(White)

Death

Trial Court

had

unrecorded

conferences

with jurors at

the bench.

Verdict and

sentence

overturned.

New trial

ordered.

Ultimately

pled guilty to

2nd degree

murder.

Scotland

(Eastern

Region)

2 aggravators accepted:

#6: Offense was for pecuniary gain

#11: Course of conduct (other crimes of violence

against another person or persons)

Hypothesis-supporting

BdWv , liberated jury (Death)

Excluded from analysis

No rape aggravator, no witnesses, no DNA

testing, verdict and sentence overturned, lack of

information regarding rape and case

circumstances.

LexisNexis

Academic:

330 N.C. 846;

412 S.E.2d 652

1992 N.C. Lexis

Table 11a (Continued). Results of Qualitative Analysis: BdWv, Death Penalty, Liberated Jury (n=17).

104

Defendant

Name

(Race)

Victim

Name

(Race)

Sentence

County

(Region)

Elements Related to ECL

Classification/Reclassification

Process of Hypothesis Reclassification

Sources of Data

Richardson,

Martin

(Black)

St.

Germain,

Sharon

(White)

Death

Union

(Piedmont

Region)

2 aggravators accepted:

#5: Engaged in commission of robbery

#9: Heinous, atrocious, or cruel

“…the prosecutor characterized defendant as an

animal…in the context of a discussion of the brutality

of the injuries inflicted on the victim.” (LNA, 1996, p.

“…defendant kidnapped the victim from a parking lot,

forced her to drive to a secluded location, brutally

raped her, and stabbed her several times, killing her.”

(LNA, 1996, p. 7)

“It had nothing to do with race,” said the juror. “We

thought it was an extremely brutal and cruel crime. It

would have been the same decision if a white man had

done this to a black woman.” (Charlotte Observer,

1993)

“Race had nothing to do with this case, despite how

others may dress it up as such,” said Gwyn [Assistant

District Attorney]. “It’s about life and death, about a

knife and knife wounds…about a mother and a

daughter, parents and a daughter.”

(Charlotte Observer, 1993)

Hypothesis-supporting

BdWv , liberated jury (Death)

Final Classification:

Hypothesis-supporting

All white jury. Despite the acceptance of the

HAC aggravator and the consent of the victim

(which was offered under duress), the defendant:

had no significant history of prior criminal

activity or physically abusing anyone, was a

person of good character and was wellliked in

his community prior to his arrest (e.g., aided his

elderly neighbors, cared for grandchildren while

his parents worked, was a caring and loving

brother who has always provided close

companionship for his brothers and sisters), was

reared by hard-working parents as one of seven

children and worked to help out the family while

at home, was a well-behaved and well-liked

student who had no history of violence or

trouble and was well-liked by his teachers in

school, confessed to the crimes charged (related

to an emotional need to confess involvement)

and was cooperative with the police.

LexisNexis

Academic:

342 N.C. 772;

467 S.E.2d 685

1996 N.C. Lexis

132

Charlotte

Observer (1993)

http://infoweb.ne

wsbank.com.ezpr

oxy.lib.usf.edu/i

search/we/InfoW

eb?p_product=A

WNB&p_theme

=aggregated5&p

_action=doc&p_

docid=0EB6CB9

3D3E775A7&p_

docnum=1&p_qu

eryname=7

Table 11a (Continued). Results of Qualitative Analysis: BdWv,

105

Defendant

Name

(Race)

Victim

Name

(Race)

Sentence

County

(Region)

Elements Related to ECL

Classification/Reclassification

Process of Hypothesis Reclassification

Sources of Data

Roseboro,

Christopher

(Black)

Codefendant

involved in

felonious

larceny

Edwards,

Martha

(White)

Death

sentence

vacated based

on McKoy

error;

new

sentencing

proceeding

ordered.

Gaston

(Piedmont

Region)

2 aggravators accepted:

#5: Engaged in commission of rape

#5: Engaged in commission of burglary

“In the pathologist's opinion, because of the small

amount of blood present in the vagina, the victim died

just before she was raped or just after the rape began.”

(LNA, 1996, p. 5)

“In his closing argument, the prosecutor argued that if

the victim was dead before the rape occurred, she had

not been dead longer than five minutes.” (LNA, 1996,

p. 8)

Hypothesis-supporting

BdWv , liberated jury (Death)

Excluded from analysis

There is reasonable doubt that the sexual assault

occurred before the victim was deceased.

LexisNexis

Academic:

344 N.C. 364;

474 S.E.2d 314

1996 N.C. Lexis

484

Table 11a (Continued). Results of Qualitative Analysis: BdWv, Death Penalty, Liberated Jury (n=17).

106

Roseboro,

Christopher

(Black)

Codefendant

involved in

felonious

larceny

Edwards,

Martha

(White)

Death

Co-defendant

sentenced to

life in prison.

Gaston

(Piedmont

Region)

2 aggravators accepted:

#5: Engaged in commission of burglary

#5: Engaged in commission of rape

(multiple submission of #5 aggravator with overlapping

evidence)

“Defendant maintained that at the time he raped the

victim, she was already dead.” (LNA, 1999, p. 5)

“Further, based on the small amount of blood around

the vaginal area, the victim was either dying or dead at

the time she was raped.” (LNA, 1999, p. 5)

“Moreover, defendant sexually assaulted an elderly

woman while she was dead or in her "last breath of

life" in her home in her own bed.” (LNA, 1999, p. 14)

Hypothesis-supporting

BdWv , liberated jury (Death)

Excluded from analysis

There is reasonable doubt that the sexual assault

occurred before the victim was deceased.

LexisNexis

Academic:

351 N.C. 536;

528 S.E.2d 1

1999 N.C. Lexis

352

The Associated

Press State &

Local Wire

(2002)

http://www.lexis

nexis.com.ezprox

y.lib.usf.edu/hott

opics/lnacademic

Death Penalty, Liberated Jury (n=17).

Defendant

Name

(Race)

Victim

Name

(Race)

Sentence

County

(Region)

Elements Related to ECL

Classification/Reclassification

Process of Hypothesis Reclassification

Sources of Data

Table 11a (Continued). Results of Qualitative Analysis: BdWv,

107

Rouse,

Kenneth

(Black)

Broadway,

Hazel

(White)

Death

Randolph

(Piedmont

Region)

2 aggravators accepted:

#5: Attempted rape

#9: Heinous, atrocious, or cruel

“The defendant stabbed Hazel Broadway at least

seventeen times. After the final stab the butcher knife

remained in Broadway's neck up to the handle. She had

numerous bruises and several veins and arteries were

severed. She suffered for fifteen minutes in this

condition. Hazel Broadway was found lying in a pool

of her blood. She lost one-half of her blood before

dying.” (LNA, 1994, p. 18)

“In his petition, Mr. Rouse highlighted that he is black,

his victim white and he was convicted by an all-white

jury.” (Wall Street Journal, 2010)

“A juror in the case failed to disclose that his own

mother had been murdered and sexually assaulted.

They say the same juror used a racial epithet to

describe Rouse and expressed racist attitudes. Rouse is

black and his victim was white, as was the juror.”

(Associated Press, 2004)

“Baynard [juror] said he believed that ‘blacks do not

care about living as much as whites do’ and that ‘black

men rape white women so they can brag about it to

their friends.’ He also referred to African-Americans as

‘niggers.’ He told the defense investigator that one

purpose of the death penalty is to rid the world of

defective human beings and said Rouse was ‘one step

above a moron.’ (NC Coalition, 2015)

Hypothesis-supporting

BdWv; liberated jury (Death)

Final Classification:

Hypothesis-supporting

An all White jury recommended a sentence of

death. One of the jurors later admitted his

mother had been raped and murdered by a

Black man and spoke of Blacks in a highly

derogatory manner.

LexisNexis

Academic:

339 N.C. 59;

451 S.E.2d 543

1994 N.C. Lexis

719

The Associated

Press State & Local

Wire (2004)

http://www.lexisn

exis.com.ezproxy.

lib.usf.edu/hottopi

cs/lnacademic/

The Wall Street

Journal (2010)

http://www.wsj.co

m/articles/SB1000

NC Coalition for

Alternatives to the

Death Penalty

(2015)

http://nccadp.org/s

tories/kennethrouse/

14240527487043

24045754797938

77821

Table 11a (Continued). Results of Qualitative Analysis: BdWv, Death Penalty, Liberated Jury (n=17).

108

Defendant

Name

(Race)

Victim

Name

(Race)

Sentence

County

(Region)

Elements Related to ECL

Classification/Reclassification

Process of Hypothesis Reclassification

Sources of Data

Sanders,

Stanley

(Black)

Lee,

Jacqueline

(White)

Death

First trial.

Convictions

and sentences

vacated based

on inaccurate

and inadequate

transcription of

the trial

proceedings;

new trial on all

charges ordered

Transylvania

(Western

Region)

2 aggravators accepted:

#4: Engaged in flight after committing rape

#9: Heinous, atrocious, or cruel

See retrial below for full details.

Hypothesis-supporting

BdWv , liberated jury (Death)

Final Classification:

Hypothesis-supporting

All White jury; two aggravators accepted.

Despite the lack of rich information for this

particular trial due to the vacated convictions

and sentences, the full details gathered from the

retrial suggest that the HAC aggravator was not

enough to justify a reclassification to

hypothesis-non-supporting.

LexisNexis

Academic:

312 N.C. 318;

321 S.E.2d 836

1984 N.C. Lexis

1802

See retrial below

for full details.

Table 11a (Continued). Results of Qualitative Analysis: BdWv, Death Penalty, Liberated Jury (n=17).

109

Defendant

Name

(Race)

Victim

Name

(Race)

Sentence

County

(Region)

Elements Related to ECL

Classification/Reclassification

Process of Hypothesis Reclassification

Sources of Data

Sanders,

Stanley

(Black)

Lee,

Jacqueline

(White)

Death

Second trial.

New sentencing

proceeding for

first degree

murder ordered

based on

McKoy error.

A 3rd trial,

moved to

McDowell

county, ended in

a mistrial.

Transylvania

(Western

Region)

2 aggravators accepted:

#5: Engaged in flight after committing rape

#9: Heinous, atrocious, or cruel

“…the victim had been strangled, shot, and had her

head bashed.” (LNA, 1990, p. 5)

“…an all-white jury convicted Sanders, a black Brevard

man, and sentenced him to death for the slaying of Jackie

Lee.” (Associated Press, 1999)

“The case attracted widespread attention because of the

crime's brutality and because Lee was white and Sanders

is lack. Sanders' supporters say he may have been

railroaded because of his race.” (Associated Press,

1999)

“He appealed his initial conviction and won a new trial, but

a second all-white jury put him back on death row.”

(Associated Press, 1999)

“I know my child, and I know she at one point must have

begged for her life – and she wasn’t given that chance.”

(The Times News, 1990)

“…the rape and murder of Jackie Lee, a popular white

teenage girl who investigators concluded was choked,

bludgeoned and shot…” (The Wall Street Journal, 1998)

“…a local black man [said] that race relations in Brevard

were ‘worse today than they were in the days following

the civil rights movement.’” (The Wall Street Journal,

1998)

Hypothesis-supporting

BdWv , liberated jury (Death)

Hypothesis-non-supporting

The 17-year-old girl was abducted, raped and

beaten to death with a fence post. The nature of

the murder (three possible causes of death:

strangulation; blunt force trauma; gunshot) may

have convinced the jury that the brutality of the

crime was enough to justify the use of the death

penalty.

Final Classification:

Hypothesis-supporting

All white jury; the state’s reliance on evidence

obtained from a civilian; a flawed search warrant

and invalid search; false and misleading

testimony from a deputy; the defendant’s

psychiatric problems.

LexisNexis

Academic:

327 N.C. 319;

395 S.E.2d 412

1990 N.C. Lexis

714

The Times News

(1990)

http://news.googl

e.com/newspaper

s?nid=1665&dat

=19900901&id=d

i8aAAAAIBAJ&

sjid=zyQEAAAA

IBAJ&pg=6780,

22262

The Wall Street

Journal (1998)

http://www.wsj.c

om/articles/SB89

62035809845200

The Associated

Press State &

Local Wire

(1999)

http://www.lexisn

exis.com.ezproxy

.lib.usf.edu/hotto

pics/lnacademic/

Table 11

a (Continued). Results of Qualitative Analysis: BdWv, Death Penalty, Liberated Jury (n=17).

110

Defendant

Name

(Race)

Victim

Name

(Race)

Sentence

County

(Region)

Elements Related to ECL

Classification/Reclassification

Process of Hypothesis Reclassification

Sources of Data

Thomas,

James

(Black)

West,

Teresa

(White)

Death

Wake

(Piedmont

Region)

2 aggravators accepted:

#3: Previous violent felony

#5: Sex offense

“The victim was found dead in her home, with bite

marks on her breasts, her inner thighs bruised, her head

covered by a pillow, and a telephone inserted inside her

vagina; there were signs of both manual and ligature

strangulation which was determined to be the cause of

death.” (LNA, 1996, p. 5)

“The evidence supporting defendant's conviction is

summarized in this Court's prior opinion, State v.

Thomas, 329 N.C. 423, 407 S.E.2d 141, in which we

vacated defendant's death sentence for McKoy error and

remanded the murder case for a new capital sentencing

proceeding. That evidence will not be repeated here,

except where necessary to discuss the issues before us.”

(LNA, 1996, p. 5)

“According to the State's evidence, the victim was

alive when her breasts were bitten but probably was

dead when the telephone was inserted in her vagina.

Dr. Page Hudson, who examined the victim's body in

his role as Chief Medical Examiner for North Carolina,

testified that in his opinion, "it was somewhat more

probable that she was dead than alive" when the

telephone was inserted in her vagina.” (LNA, 1991, p.

Hypothesis-supporting

BdWv , liberated jury (Death)

Hypothesis-supporting

The jury accepted 24 of the 26 mitigating

circumstances (including: defendant was

mentally or emotionally disturbed; defendant

had diminished capacity to appreciate the

criminality of his conduct or conform his

conduct to the law). Emotional family testimony

referencing the hellish childhood of the

defendant (vicious beatings by stepfathers;

sexually assaulted by at least 3 family members

from the time he was 5) and psychiatric

problems were not enough to outweigh the

perceived brutality of the crime against the

victim.

Excluded from analysis

Sexual assault likely occurred after the victim

was deceased.

LexisNexis

Academic:

344 N.C. 639;

477 S.E.2d 450

1996 N.C. Lexis

516

News &

Observer (2007)

http://www.lexis

nexis.com.ezprox

y.lib.usf.edu/hott

opics/lnacademic

WRAL.com

(2007)

http://www.wral.

com/news/local/s

tory/1182895/

Defendant

Name

(Race)

Victim

Name

(Race)

Sentence

County

(Region)

Elements Related to ECL

Classification/Reclassification

Process of Hypothesis Reclassification

Sources of Data

Table 11a (Continued). Results of Qualitative Analysis: BdWv, Death Penalty, Liberated Jury (n=17).  
111  
  
Best,  
Norfolk  
(Black)  
Baldwin,  
Gertrude  
(White)  
  
Baldwin,  
Leslie  
(White 
Male)  
  
  
Death  
  
(Death sentence 
recommended 
for each of the 
two murder 
convictions)  
Bladen  
(Eastern  
Region)  
  
[Trial was 
moved to 
Bladen  
County due 
to word of 
mouth  
publicity and 
numerous  
newspaper  
articles and 
editorials  
referencing 
previous  
charges and  
convictions.]  
  
[2nd change 
of venue 
motion  
denied]  
  
  
3 aggravators accepted:  
#3: Previous violent felony  
#6: Offense was for pecuniary gain  
#11: Course of conduct (other crimes of violence 
against another person or persons)  
  
 “Mr. Baldwin died as a result of the cutting of his 
carotid artery, and Mrs. Baldwin died of blunt-force 
trauma to the head.  (LNA, 1996, p. 5)  
  
“Blood spatters on the wall, bookcases, and the door 
to Mrs. Baldwin's bedroom supported the inference 
that Mr. Baldwin received his lethal wound in that 
location. It could be concluded from the evidence 
that Mr. Baldwin had the ability to comprehend 
during the struggle and while he was wounded that 
his wife might be raped.”  
(LNA, 1996, p. 9)  
  
“The couple were well-known in the community and 
had operated a photography studio for many years 
before they retired.” (Morning Star, 1997)  
  
“The people of Whiteville were shocked by the 
murder of the popular couple, who were frail and in 
failing health.” (News & Observer, 2014)  
  
“Best has always professed his innocence, during 
police interrogation, on the witness stand, and during 
his 21 years on death row.  ‘I knew I was 
railroaded.’”  
(News & Observer, 2014)  
  
“Best came from a very different part of Whiteville. 
The oldest of eight children, he was raised by a 
single mother in a clapboard shack with an outhouse 
in the back yard.  Best was a slow learner and didn’t 
finish high school. As an adult, he drove long-
distance truck routes and worked as a mechanic at 
auto shops in  
Whiteville.” (News & Observer, 2014)  
  
“Whiteville police and the State Bureau of  
Hypothesis-supporting   
BdWv , liberated jury (Death)  
  
Hypothesis-non-supporting  
Two victims, married, aged 82 and 79, 
murdered in a brutal manner to facilitate a 
robbery.  The husband may have been 
conscious  
after receiving the fatal stab wound to 
comprehend that his wife was being raped.  
  
Final Classification:   
Hypothesis-supporting   
Prosecutorial misconduct; missing evidence 
and alibi potentially clearing defendant; two 
other viable suspects who may have 
confessed to the murders; weakness of DNA 
match; differences in statuses between 
victims and defendant within community.  
  
LexisNexis Academic:  
342 N.C. 502;  
467 S.E.2d 45  
1996 N.C. Lexis  
7  
  
Morning Star (1997) 
http://www.lexis 
nexis.com.ezprox 
y.lib.usf.edu/hott 
opics/lnacademic 
/  
  
News &  
Observer (2014) 
http://www.news 
observer.com/20 
14/09/13/414491 1_in-
columbuscounty-
anotherdeath.html?rh=1  
  
FayObserver.co m (2014) 
http://www.fayob 
server.com/news/ 
crime_courts/inm ate-on-
deathrow-trying-toget-
new-
trialin/article_be9477 6c-
6f9a-
5ffab4b4cc98b69fed42.ht 
ml  

a (Continued). Results of Qualitative Analysis: BdWv, Death Penalty, Liberated Jury (n=17).

112

Investigation "targeted" Best early after learning he

had done yard work for the Baldwins.”

(FayObserver.com, 2014)

Table 11a (Continued). Results of Qualitative Analysis: BdWv, Death Penalty, Liberated Jury (n=17).

113

Defendant

Name

(Race)

Victim

Name

(Race)

Sentence

County

(Region)

Elements Related to ECL

Classification/Reclassification

Process of Hypothesis Reclassification

Sources of Data

Carter, Jr.,

Marcus

(Black)

Lewis,

Amelia

(White)

Death

First trial

(1991) declared

mistrial (hung

jury).

Defendant

represented

himself in

second trial.

Death sentence

commuted by

Governor hours

before

scheduled

execution (New

York Times,

2000).

Wayne

(Eastern

Region)

3 aggravators accepted:

#5: Engaged in commission of attempted rape

#11: Course of conduct (other crimes of

violence against another person or persons)

#9: Heinous, atrocious, or cruel

“Amelia Lewis was twenty years old, stood five feet

tall and weighed ninety pounds.” (LNA, 1994, p. 9)

“…defendant ripped off Amelia Lewis's pants on a

cold night in December in a back alley and covered

her body with abrasions and lacerations as she

struggled against him. Amelia called out numerous

times to defendant, "please don't kill me, I will do

anything if you don't kill me." Defendant silenced

her by squeezing his hands around her neck. Amelia

fought for some time, desperately trying to remove

his hands, digging her nails into her own skin, to no

avail. Amelia struggled for at least two minutes,

with defendant's hands pressed firmly around her

neck, before losing consciousness…Defendant was

not satisfied with the expedience of her death, so he

pounded her in the head several times with a brick.

(LNA, 1994, p. 21)

“There had been serious concerns about the fairness

of Carter’s trial, both because Carter received

inadequate legal representation, and because he was

convicted by an all-white jury after the prosecutor

removed five blacks from the jury pool by using

peremptory strikes, that is, the right to exclude

individuals deemed unsuitable without giving a

reason.” (Amnesty International, 2000)

Hypothesis-supporting

BdWv , liberated jury (Death)

Hypothesis-non-supporting

Frailty of victim; the defendant raped a

different woman later in the same evening.

Final Classification:

Hypothesis-supporting

All-white jury (peremptory strikes against

black jurors); attempted rape of victim;

issues with strength of evidence; concerns

about fairness of trial; defendant’s mental

issues, drug habit, and unstable family life.

LexisNexis Academic:

338 N.C. 569;

451 S.E.2d 157

1994 N.C. Lexis

715

New York Times

(2000) http://www.lexis

nexis.com.ezprox

y.lib.usf.edu/hott

opics/lnacademic

Amnesty

International (2000)

http://www.amne

sty.de/umleitung/

2000/amr51/180

IndyWeek.com

(2000) http://www.indy

week.com/indyw

eek/deathwatch/Content?oi

d=1182537

Table 11a (Continued). Results of Qualitative Analysis: BdWv, Death Penalty, Liberated Jury (n=17).

114

Defendant

Name

(Race)

Victim

Name

(Race)

Sentence

County

(Region)

Elements Related to ECL

Classification/Reclassification

Process of Hypothesis Reclassification

Sources of Data

Sexton,

Michael

(Black)

Crews,

Kimberly

(White)

Death

Wake

(Piedmont

Region)

3 aggravators accepted:

#4: Murder was committed for purposes of avoiding

or preventing lawful arrest

#5: Engaged in commission of robbery/rape/

kidnapping

#9: Heinous, atrocious, or cruel

“A jury could reasonably infer that as the breath of

life was choked out of the victim, she experienced

extreme anguish and psychological terror.” (LNA,

1994, p. 31)

“Salient characteristics of the instant case include (i)

an attack on a random victim; (ii) a brutal

strangulation, found by the jury to be especially

heinous, atrocious, or cruel, in the course of

kidnapping, rape, and sexual offense; (iii)

defendant's insistence, even in the face of clear

evidence to the contrary, that the victim consented

to the sexual acts; (iv) defendant's insistence,

notwithstanding clear evidence to the contrary, that

he left the victim alive; and (iv) defendant's theft of

the dead victim's personal effects and subsequent

theft from her bank account.”

(LNA, 1994, p. 32)

“…testimony about the victim's general good moral

character, devotion to family, and reputation for

marital fidelity.” (LNA, 1994, p. 25).

“Less than a decade later, Sexton was convicted of

the August 1990 rape and murder of Kimberly

Crews, a white social worker who worked at Wake

Medical Center, where Sexton also worked. He was

subsequently sentenced to death by a jury composed

of 11 whites and one African American.”

(Indyweek, 2000)

Hypothesis-supporting

BdWv , liberated jury (Death)

Hypothesis-non-supporting

Victim was child sexual abuse counselor.

Final Classification:

Hypothesis-supporting

Nearly all White jury (the State removed

four out of the five blacks called for jury

service); defendant cooperation;

injuries/cause of death do not seem as brutal

as other trials despite acceptance of HAC

aggravator; evidence does not seem as

overwhelming as other trials; defendant’s

unstable/chaotic family background and

intellectual/ behavioral functioning issues.

LexisNexis Academic:

336 N.C. 321;

444 S.E.2d 879

1994 N.C. Lexis

302

ABC News

(2000) http://abcnews.go

.com/US/story?id

=95052

Indyweek.com

(2000) http://www.indy

week.com/indyw

eek/deathwatch/Content?oi

d=1182494

Table 11a (Continued). Results of Qualitative Analysis: BdWv, Death Penalty, Liberated Jury (n=17).

115

Defendant

Name

(Race)

Victim

Name

(Race)

Sentence

County

(Region)

Elements Related to ECL

Classification/Reclassification

Process of Hypothesis Reclassification

Sources of Data

Sherrill,

Michael

(Black)

Dotson,

Cynthia

(White)

Death

Awaiting a

Supreme Court

decision.

Mecklenburg

(Piedmont

Region)

3 aggravators accepted.

Missing Data

"Firefighters found Wilson on her bed, stabbed in the

chest 13 times, the foam rubber mattress in flames

around her. Police believed the killers set the fire to

cover up the stabbing." (Charlotte Observer, 2005).

"Her killer also raped her and set her trailer on fire."

(Charlotte Observer, 2009).

"Sherrill's DNA was found under Dotson's fingernails."

(Charlotte Observer, 2009).

Hypothesis-supporting

BdWv , liberated jury (Death)

Final Classification:

Hypothesis-non-supporting

After raping and murdering the victim, the

defendant set her trailer on fire. The jury also

heard evidence in which the defendant was

accused of a triple homicide that took place that

year. The three victims (a man, his fiancé, and

his 14 year old daughter) were beaten to death

and set on fire.

LexisNexis

Academic:

No. 246A09

678 S.E.2d 230

2009 N.C. Lexis

505

Charlotte

Observer (2005)

Charlotte

Observer (2009)

Thomas,

James

(Black)

West,

Teresa

(White)

Death

Death sentence

vacated based

on improper

instructions

regarding

mitigating

circumstance;

new sentencing

proceeding

ordered.

Wake

(Piedmont

Region)

3 aggravators accepted:

#3: Previous violent felony

#5: Engaged in commission of sex offense

#7: Committed to disrupt or hinder the enforcement of

laws

“She let him in her apartment and said she had obtained

heroin for him…West gave defendant a syringe filled

with heroin and he injected it into his arm.” (LNA,

1991, p. 5)

“According to the State's evidence, the victim was

alive when her breasts were bitten but probably was

dead when the telephone was inserted in her vagina.

Dr. Page Hudson, who examined the victim's body in

his role as Chief Medical Examiner for North Carolina,

testified that in his opinion, "it was somewhat more

probable that she was dead than alive" when the

telephone was inserted in her vagina.” (LNA, 1991, p.

Hypothesis-supporting

BdWv , liberated jury (Death)

Hypothesis-non-supporting

Victim discredited (gave the defendant heroin to

inject in his arm before the murder)

Excluded from analysis

Sexual assault likely occurred after the victim

was deceased.

LexisNexis

Academic:

329 N.C. 423;

407 S.E.2d 141

1991 N.C. Lexis

530

News &

Observer (2007)

http://www.lexis

nexis.com.ezprox

y.lib.usf.edu/hott

opics/lnacademic

WRAL.com

(2007)

http://www.wral.

com/news/local/s

tory/1182895/

Table 11a (Continued). Results of Qualitative Analysis: BdWv, Death Penalty, Liberated Jury (n=17).

116

Defendant

Name

(Race)

Victim

Name

(Race)

Sentence

County

(Region)

Elements Related to ECL

Classification/Reclassification

Process of Hypothesis Reclassification

Sources of Data

Vereen,

James

(Black)

Abbott,

Geraldine

(White)

Death

Vance

(Piedmont

Region)

3 aggravators accepted:

#3: Previous violent felony

#5: Engaged in commission of robbery/rape #11:

Course of conduct (other crimes of violence

against another person or persons)

“In addition to two stab wounds, one of which was the

fatal wound which penetrated the right and left

ventricles of the heart, Dr. Tate noted ten other

wounds, six incisional wounds to other parts of the

body and four wounds to the index and middle fingers

of the victim and to her wrist and left hand which he

characterized as "defensive" wounds. Severe bruising

to the muscles of the victim's throat and a fracture of

the hyoid bone indicated that the victim had been

strangled. Dr. Tate also found numerous rib fractures

and bruising on the lower left wall and a tear in the rear

of the vagina. Of the close to 100 autopsies he had

performed, Dr. Tate testified that he had never before

seen this constellation of injuries to one person.”

(LNA, 1985, p. 5)

“As her mother was saying her prayers, a black man

entered the bedroom, grabbed her mother around the

neck, and carried her to Susie's bedroom. He stabbed

her mother with a knife and said "You must die." The

man then held Susie's head back and cut her throat. He

also cut her genital area. He put her on the bed, forced

her to disrobe, and, with his clothes off, attempted to

have intercourse with her. He then proceeded to cut her

about her hips.” (LNA, 1985, p. 5)

Hypothesis-supporting

BdWv , liberated jury (Death)

Final Classification:

Hypothesis-non-supporting

Brutality of injuries; age of victim (72);

defendant’s vicious attack against victim’s 30

year old mentally retarded daughter.

LexisNexis

Academic:

312 N.C. 499;

324 S.E.2d 250

1985 N.C. Lexis

1491

Defendant

Name

(Race)

Victim

Name

(Race)

Sentence

County

(Region)

Elements Related to ECL

Classification/Reclassification

Process of Hypothesis Reclassification

Sources of Data

Table 11a (Continued). Results of Qualitative Analysis: BdWv, Death Penalty, Liberated Jury (n=17).

117

Waring,

Byron

(Black)

Redman,

Lauren

(White)

Death

[The other

Black man

involved in this

murder was

sentenced to

life in prison

after a plea

agreement was

accepted based

on the finding

that he was

mentally

retarded and

therefore

ineligible for

the death

penalty]

Wake

(Piedmont

Region)

3 aggravators accepted:

#5: Engaged in commission of rape

#6: Offense was for pecuniary gain

#9: Heinous, atrocious, or cruel

“Pipkin's hand was on the victim's stomach, attempting

to hold in her intestines.” (LNA, 2010, p. 7)

“Grouping those injuries, the examiner found five stab

wounds, abrasions, and contusions to the victim's head

and neck; hemorrhages in the whites of her eyes

associated with lack of oxygen that could have

resulted from her mouth and nose having been

covered; twentythree stab wounds to her torso,

including seventeen superficial wounds or "flecks"

that were consistent with having been pricked by the

tip of a knife; hemorrhaging in her abdominal cavity;

contusions and incised wounds on her upper

extremities; contusions of the torso; abrasions of her

knees; and an abrasion of the wall of her vagina.”

(LNA, 2010, p. 32)

“…the victim did not die "a quick and painless death,"

but continued to suffer, and that her last moments

awaiting death would have, for her, seemed "an

eternity." (LNA, 2010, p. 35)

"The jury had to sit through the accounts of the

absolute violence and maliciousness”

(LSUReveille.com, 2007)

"She was a model student, did all the right things,"

said East Wake High School's athletic director,

Charles Corbett. "(She was) always where she was

supposed to be when she was supposed to be there."

(Forgotten

Victims)

Hypothesis-supporting

BdWv , liberated jury (Death)

Hypothesis-supporting

Defendant acted under duress; acted under the

domination of another person; had impaired

capacity to appreciate criminality or conform

conduct to the law; aided in the apprehension

of another capital felon. Defendant did not

commit the rape (held down victim while

another raped her), had a troubling childhood,

and had several mental disorders that impaired

cognitive functioning.

Hypothesis-non-supporting

Defendant aided in murder of a young

“blameless victim” in her own home at night;

held victim’s face down to floor while another

man raped her; the victim was taped and

“tortured physically, tortured psychologically;”

over 20 stab wounds (two knives used), ten of

which could have been life-threatening;

defendant stomped victim’s face after she had

been raped; victim was robbed; victim

experienced “prolonged conscious suffering”

(LNA, 2010, p. 35).

Final Classification:

Hypothesis-non-supporting

Despite the defendant’s secondary role in the

murder relative to the other capital felon (in

addition to the fact that the defendant did not

actually rape the victim), the overwhelming

evidence and extreme brutality of the rape and

murder would likely influence a jury to

produce a sentence of death regardless of the

race of the defendant.

LexisNexis

Academic:

364 N.C. 443;

701 S.E.2d 615

2010 N.C. Lexis

915

Forgotten Victims

http://www.forgo

ttenvictims.com/

Lauren%20Redm

an.htm

WRAL.com

(2008)

http://www.wral.

com/news/local/s

tory/3489179/

LSUReveille.co m

(2007)

http://www.lsure

veille.com/warin g-

receives-

deathpenalty/article_3

cbfd720-749b52ea-

b536ced08a07edea.ht

were excluded (see Table 11b). Analysis of these trials offered some additional evidence that the

data supported the hypothesis. The Supreme Court of North Carolina stated in Gregory (1995)

that “the fact that defendant is a multiple-murderer stands as a "heavy" factor against defendant

when determining the proportionality of a death sentence” (p. 39). Two WdWv trials involving

multiple murder victims that resulted in a life sentence represent one theme that shows support

for the hypothesis. Additional observed themes within these trials that offer support for the

hypothesis are related to recommendations of life sentences in trials in which: the rape and/or

murder were especially brutal; the defendant was convicted of previous violent crimes; and the

victim was well liked and/or respected within the community (e.g., 19 year old home-coming

queen; elderly widows and grandmothers who were longtime members and volunteers at the

church).

Four of these WdWv trials failed to support the hypothesis for several reasons: 1) the

mitigating circumstances (e.g., the defendant’s mental and/or emotional problems, the

defendant’s traumatic childhood or dysfunctional family background) appeared to outweigh the

accepted aggravating factors; and 2) the circumstances of the crime did not appear to be

especially brutal. Juries considering these factors would likely recommend a sentence of life

regardless of the race of the defendant. Additionally, consideration of the first ECL dimension

related to the White female victim’s credibility affected the reclassification of two trials. Two of

the WdWv trials analyzed here involved non-traditional White female victims for which the ECL

would not apply (one was discredited due to her underage drinking and intoxication at the time

of her murder and the other involved an “out” lesbian). These trials were automatically

reclassified as hypothesis-non-supporting since they neither supported nor rejected the

111

Table 11

120

b. Results of Qualitative Analysis: WdWv, Life, Liberated Jury (n=24).

Defendant

Name

(Race)

Victim

Name

(Race)

Sentence

County

(Region)

Elements Related to ECL

Classification/Reclassification

Process of Hypothesis Reclassification

Sources of Data

Franklin,

Joseph

(White)

Moody,

Michelle

(White)

Life

Caldwell

(Western

Region)

#4: Engaged in flight after committing felony

“…the body of Michelle Moody, a fifteen year old girl,

was discovered in a small clearing in a wooded area

behind the Lenoir Shopping Mall...She had been

stabbed twenty-three times.” (LNA, 1983, p. 1)

“She was standing up when I first stabbed her and I

stabbed her some more after she fell -- I stabbed her

until she quit moving.” (LNA, 1983, p. 1)

“I ask her if she wanted to smoke a joint. She said yes

-- we walked down into some nearby woods -- when

we got down to the woods we smoked a joint. “ (LNA,

1983, p. 1)

Hypothesis-supporting

WdWv liberated jury (Life)

Hypothesis-supporting

23 stab wounds

Hypothesis-non-supporting

Victim discredited (smoked pot with

defendant)

Excluded from analysis Victim

was 15 years old.

LexisNexis

Academic:

308 N.C. 682;

304 S.E.2d 579;

1983 N.C.

LEXIS 1292

Table 11b (Continued). Results of Qualitative Analysis: WdWv, Life, Liberated Jury (n=24).

121

Morris,

Charles

(White)

Tommason

eAlicia

(White)

Life

Reversal of

firstdegree

murder,

sexual abuse,

and

misdemeanor

child abuse

convictions.

New trial

awarded based

on prejudicial

error in

admitting

defendant's

pretrial

confession.

Carteret

(Eastern

Region)

No Aggravators accepted.

Hypothesis-supporting

WdWv liberated jury (Life)

Excluded from analysis

This trial is inappropriate for analysis given the

context of rape in the current study. The

sexual assault on the two year old may have

been the product of the insertion of an adult

finger; there is no direct evidence that the

defendant was responsible, while there is also

evidence that the mother was responsible for

all charges. The jury found no aggravating

circumstances and the defendant was later

charged with involuntary manslaughter.

LexisNexis

Academic:

332 N.C. 600;

422 S.E.2d 578;

1992 N.C.

LEXIS 591

Defendant

Name

(Race)

Victim

Name

(Race)

Sentence

County

(Region)

Elements Related to ECL

Classification/Reclassification

Process of Hypothesis

Reclassification

Sources of Data

Joyner,

Richard

(White)

Skinner,

Harvey

(White)

Life

New sentencing

ordered based

on improper

instructions

regarding

consideration of

mitigating

circumstances.

Nash

(Eastern

Region)

1 aggravator accepted:

#5: Engaged in commission of another robbery

Hypothesis-supporting

WdWv liberated jury (Life)

Excluded from analysis

Male murder victim. There was no

rape involved in the murder.

LexisNexis Academic:

329 N.C. 211;

404 S.E.2d 653;

1991 N.C. LEXIS

418

Table 11b (Continued). : WdWv, Life, Liberated Jury (n=24).

122

Farmer,

Daron

(White)

Robinson,

Margaret

(White)

Life

Guilford

(Piedmont

Region)

1 aggravator accepted:

#5: Engaged in commission of rape/burglary

“A 65-year-old woman who worshiped G-d and

lived by the law was attacked in her own home,

pummeled, raped and left to wander through her

house in agony before she died.” (News &

Record, 1990)

“…the jury did not find Robinson's death

``especially heinous, atrocious and cruel.'”

(News & Record, 1990)

Hypothesis-supporting

WdWv liberated jury (Life)

Hypothesis-supporting

Defendant had intent to rape elderly

woman; carefully planned.

Final Classification:

Hypothesis-non-supporting

The defendant was 21 and mildly

mentally retarded. The jury found 13

mitigating factors, some of which

attested to the defendant’s broken

home life and psychological

unraveling. The murder was not

especially brutal.

LexisNexis Academic:

333 N.C. 172;

424 S.E.2d 120;

1993 N.C. LEXIS

News & Record

(1990)

http://www.newsrecord.com/juryspares-

man-slife/article_276f70 0e-b44c-

5732a44c-

ef8db99d73f8.htm

Sumpter,

Charles

(White)

Hawkins,

Elizabeth

(White)

Life

New sentencing

ordered based

on the finding

that the trial

court

improperly

aggravated the

sentence given

on the

conviction of

indecent

liberties with a

minor.

Catawba

(Western

Region)

1 aggravator accepted:

#5: Engaged in commission of another robbery

Hypothesis-supporting

WdWv liberated jury (Life)

Excluded from analysis

There was no rape involved in the

murder. Defendant took “indecent

liberties” with a 13 year old girl

(touched her with his hand on the

front of her body close to where "she

went to the bathroom”) (LNA, 1986,

p. 4); this incident was part of a

continual transaction that ended with

the murder of the 65 year old victim

who lived in another house and was

not related to the girl.

LexisNexis Academic:

318 N.C. 102;

347 S.E.2d 396;

1986 N.C. LEXIS

2573

Results of Qualitative Analysis

Defendant

Name

(Race)

Victim

Name

(Race)

Sentence

County

(Region)

Elements Related to ECL

Classification/Reclassification

Process of Hypothesis Reclassification

Sources of Data

Table 11b (Continued). Results of Qualitative Analysis: WdWv, Life, Liberated Jury (n=24).

123

Johnson Jr.

Bobby

(White)

Phillips,

Donna

(White)

Life

Retrial/new

sentencing

hearing. No

appeal.

Guilford

(Piedmont

Region)

1 aggravator accepted:

#9: Heinous, atrocious, or cruel

“He discovered approximately fifty-five separate stab

wounds on the torso, right arm, thigh, and back, with

thirty-eight of these being in the chest area, passing

from the left of the left breast to below the right breast.

..One stab wound which passed completely through the

right hand was, in his opinion, a defensive wound. He

also found, among other injuries, a recent bruise on the

right eye, scratches, and human bite marks on both the

left thigh and the left breast.” (LNA, 1985, p. 7)

“…sought Donna Phillips out and returned to pick her

up for the express purpose of raping her. Once Ms.

Phillips realized their intentions, her protestations were

met with hostility and physical violence… Bruised and

bleeding, she was dragged from the car, her clothing

was ripped from her body, and she was stabbed in the

arm. She was then thrown to the ground and sexually

assaulted by defendant as Williams held her down.

Defendant savagely bit her on the left breast, leaving a

clear wound. All the while, Ms. Phillips was conscious,

certainly in pain and aware that she was engaged in a

life-and-death struggle, as she heard Williams urge

defendant to "[g]o ahead and kill her." Defensive

wounds on her hand indicated that she had attempted to

fend off the knife attack. Defendant ultimately

inflicted fifty-five stab wounds upon his victim, with

perhaps fifteen to twenty minutes elapsing between the

time Ms. Phillips was first stabbed in the car and the

time she finally died. (LNA, 1985, p. 27

Hypothesis-supporting

WdWv liberated jury (Life)

Hypothesis-non-supporting

Victim had a blood alcohol content of .15 and

left a bar with the defendant the night she died.

Final Classification:

Hypothesis-supporting

The victim was held down by a man while

sexually assaulted by the defendant and

stabbed 55 times before dying approximately

twenty minutes later.

LexisNexis

Academic: No

appeal.

Defendant

Name

(Race)

Victim

Name

(Race)

Sentence

County

(Region)

Elements Related to ECL

Classification/Reclassification

Process of Hypothesis Reclassification

Sources of Data

Table 11b (Continued). : WdWv, Life, Liberated Jury (n=24).

124

Murdock,

John

(White)

Murdock,

Leathe

(White)

Life

Rowan

(Piedmont

Region)

1 aggravator accepted:

#9: Heinous, atrocious, or cruel

Hypothesis-supporting

WdWv liberated jury (Life)

Excluded from analysis

The jury found the defendant not guilty of rape.

The defendant used a blunt object to sexually

assault his grandmother after he killed her with

the sole purpose of covering up the fact that he

murdered her.

LexisNexis

Academic:

325 N.C. 522;

385 S.E.2d 325;

1989 N.C. LEXIS

543

Temple, Mark

(White)

Jones,

Annette

(White)

Life

Pasquotank

(Eastern

Region)

1 aggravator accepted:

#9: Heinous, atrocious, or cruel

Victim had gaping wound in head, bite marks, was

penetrated with objects, body found nude.

“This was a very gruesome murder, for which the State

established no motive.” (LNA, 1981, p. 9)

Victim engaged in underage drinking and was mildly

intoxicated at time of death.

Hypothesis-supporting

WdWv liberated jury (Life)

Hypothesis-supporting

HAC aggravator accepted; 16 year old victim;

bite marks on body; head crushed with a brick.

Final Classification:

Hypothesis-non-supporting

Victim discredited (underage drinking – was

mildly intoxicated at time of death).

LexisNexis

Academic:

302 N.C. 1;

273 S.E.2d 273;

1981 N.C. LEXIS

1017

Table 11b (Continued). Results of Qualitative Analysis: WdWv, Life, Liberated Jury (n=24).

125

Defendant

Name

(Race)

Victim

Name

(Race)

Sentence

County

(Region)

Elements Related to ECL

Classification/Reclassification

Process of Hypothesis Reclassification

Sources of Data

Berry,

Thomas

(White)

Siclari,

Janet

(White)

Life

Dare

(Eastern

Region)

2 aggravators accepted:

#5: Engaged in commission of another rape #11:

Course of conduct (other crimes of violence

against another person or persons)

“Janet died from a loss of blood due to the two-

andone-half inch cut across her neck, severing her

jugular vein. Janet also showed signs of hand wounds

around her throat and a severed larynx.” (LNA, 2001,

p. 5)

“Janet weighed 92 pounds and was less than five feet

tall. His autopsy examination revealed that Janet had a

series of small, superficial stab wounds on her throat.

Dr. Hudson stated that these wounds were consistent

with "compliance or intimidation wounds."” (LNA,

2001, p. 5)

“…the testimony regarding the prior assaults was

properly admitted for a purpose other than to show that

the defendant has the propensity to commit sexual

assault and murder.” (LNA, 2001, p. 9)

Hypothesis-supporting

WdWv liberated jury (Life)

Final Classification:

Hypothesis-supporting

Defendant had previously raped two female

victims, one of whom was 12 years old. The

victim was an ultra sound nurse, small in

stature, and was raped and killed while on

vacation with her husband. She suffered

several compliance or intimidation wounds.

Her body was found on the beach with her

throat slit.

LexisNexis

Academic:

143 N.C. App.

187;

546 S.E.2d 145;

2001 N.C. App.

LEXIS 269

Associated Press

State & Local

Wire (2001)

http://www.lexisne

xis.com.

ezproxy.lib.usf.ed

u/ ottopics/

lnacademic/

PilotOnline.com

(2007)

http://hamptonroa

ds.com/

node/291851

Fisher,

Dewey

(White)

Brannon,

Hollis

(White)

Life

Halifax

(Eastern

Region)

2 aggravators accepted:

#5: Engaged in commission of robbery

#5: Engaged in commission of kidnapping

Hypothesis-supporting

WdWv liberated jury (Life)

Excluded from analysis

Male murder victim. There was no rape

involved in the murder.

LexisNexis

Academic:

No. COA01-607

Court of Appeals

North Carolina

2002 N.C. App.

LEXIS 1957

Table 11b (Continued). Results of Qualitative Analysis: WdWv,

126

Harris, Jr.,

Carlton

(White)

Sahnow,

Marybeth

(White)

Life

Halifax

(Eastern

Region)

2 aggravators accepted:

#5: Engaged in commission of robbery

#11: Course of conduct (other crimes of violence

against another person or persons)

Hypothesis-supporting

WdWv liberated jury (Life)

Excluded from analysis

There was no rape involved in the murder.

LexisNexis

Academic:

No number.

Defendant

Name

(Race)

Victim

Name

(Race)

Sentence

County

(Region)

Elements Related to ECL

Classification/Reclassification

Process of Hypothesis Reclassification

Sources of Data

Table 11b (Continued). Results of Qualitative Analysis: WdWv, Life, Liberated Jury (n=24).

127

Prevette,

Garfield

(White)

Jones,

Goldie

(White)

Life

Wayne

(Eastern

Region)

2 aggravators accepted:

#5: Engaged in commission of another kidnapping #11:

Course of conduct (other crimes of violence against

another person or persons)

“…victim was most likely alive when she defecated

and was probably having thrashing agonal

movements.” (LNA, 1986, p. 2)

“…the apron gag was quite wet and damp in the area

adjacent to Ms. Jones' mouth by a mixture of blood,

saliva and vomitus.” (LNA, 1986, p. 2)

“[Dr. Anthony] described the physical, and surely

psychological, torture that the victim would endure as

she died of suffocation.” (LNA, 1986, p. 8)

“It had been proven that he had beaten, bound,

sexually mutilated and killed 61-year-old Jones in her

Goldsboro home.” (The Goldsboro News –Argus,

2005)

“…the victim had been sexually mutilated with

scissors.” (The Goldsboro News –Argus, 2005)

“Ms. Jones had met defendant while he was in prison

through the Yoke Fellows, a religious organization

which conducted Bible study and held devotionals

with the inmates at the prison.” (LNA, 1986, p. 2)

“Goldie Jones ministered to her killer. The Goldsboro

woman met him while volunteering with a prison

ministry.” (The Goldsboro News –Argus, 2014)

“He tortured the woman who volunteered her time to

pray for his soul. Then he killed her.” (The Goldsboro

News –Argus, 2014)

Hypothesis-supporting

WdWv liberated jury (Life)

Hypothesis-supporting

61 year old victim who previously knew

defendant through inmate-involved religious

organization. Defendant was bound, gagged,

and suffered physical and psychological torture

prior to suffocation and death.

Excluded from analysis

Charge of first degree sexual offense was

voluntarily dismissed prior to trial. There

were small superficial cuts to victim’s vaginal

area that could have resulted from a from penis

or blade.

LexisNexis

Academic:

317 N.C. 148;

345 S.E.2d 159;

1986 N.C. LEXIS

2784

The Goldsboro

News- Argus

(2005)

http://www.newsa

rgus.com/editorial

s/archives/2005/02

/09/parole_dont_fr

ee_this_murderer_

ever/

The Goldsboro

News-

Argus (2014)

http://www.newsa

rgus.com/news/arc

hives/2014/08/26/

killer_up_for_paro

le_again/

Table 11b (Continued). Results of Qualitative Analysis: WdWv,

128

Life, Liberated Jury (n=24).

Defendant

Name

(Race)

Victim

Name

(Race)

Sentence

County

(Region)

Elements Related to ECL

Classification/Reclassification

Process of Hypothesis

Reclassification

Sources of Data

Clark, Roger

(White)

Phoebe,

Barbee

(White)

Life

Cabarrus

(Piedmont

Region)

2 aggravators accepted:

#5: Engaged in commission of another felony

#9: Heinous, atrocious, or cruel

“Clark kidnapped, raped and barbarically

murdered Phoebe Barbee, who was 19 years

young. On separate occasions earlier the

same day, he tried to randomly kidnap two

other women.” (Independent Tribune, 2012)

“Speak from your heart. Express your emotions.

How do you feel about the barbaric act of rape

and of taking another person’s life? How a violent

and tragic death of a totally innocent person like

Phoebe continues to stress your life! Expand upon

your outrage why he should NEVER be

released!...If released, his next victim could easily

be your daughter, sister, wife, cousin, niece or just

a very special friend.”

(Independent Tribune, 2012)

“Quite frankly, it wouldn’t have bothered me if he

had gotten the death sentence because he killed

her. He took her away from our family.”

[Phoebe’s mother] (Salisbury Post, 2012)

“An autopsy report later revealed severe head

injuries including disruption of the brain and

multiple skull fractures. Defensive wounds were

also found on Barbee’s forearms and hands.

Evidence also indicated

Barbee was raped and sodomized.” (Salisbury

Post,

Hypothesis-supporting

WdWv liberated jury (Life)

Final Classification:

Hypothesis-supporting

Victim was 19 year old homecoming

queen and high school graduate.

Defendant had kidnapped and sexually

assaulted two other women prior to

sodomizing and brutally murdering the

victim.

LexisNexis Academic:

301 N.C. 176;

270 S.E.2d 425;

1980 N.C. LEXIS

27841157

IndependentTribu ne.com (2012)

http://www.indepe

ndenttribune.com/

opinion/writerasks-help-

inopposing-paroleof-phoebe-

barbees/article_ce612f71 -af18-

57e8-9f868a9c31dbecf0.htm

WSTP 1490 Radio

(2012)

http://1490wstp.com/ne ws/family-

fights-tokeep-killer-in-prison/

Salisbury Post (2012)

http://pyramidoid2

.rssing.com/chan1642744/all_p52.h

tml

Table 11b (Continued). Results of Qualitative Analysis: WdWv, Life, Liberated Jury (n=24).

129

2012)

Table 11b (Continued). Results of Qualitative Analysis: WdWv,

130

Defendant

Name

(Race)

Victim

Name

(Race)

Sentence

County

(Region)

Elements Related to ECL

Classification/Reclassification

Process of Hypothesis Reclassification

Sources of Data

Hair, Leonard

(White)

Baxley,

Elizabeth

(White)

Braswell,

Samuel

(White)

Life

Robeson

(Eastern

Region)

2 aggravators accepted:

#9: Heinous, atrocious, or cruel

#11: Course of conduct (other crimes of violence

against another person or persons)

“The partially charred bodies of Mr. Braswell and Ms.

Baxley lay, bound and gagged, on the floor in the den.

Ms. Baxley was unclothed from the waist down.”

(LNA, 2003, p. 2)

“Defendant testified that Harden introduced him to Mr.

Braswell when defendant was a teenager, and that

defendant thereafter went to Mr. Braswell's house "lots

of times . . . to let [Mr. Braswell] perform oral sex on

[defendant] for money." Defendant testified he met Ms.

Baxley in 1996, and that Mr. Braswell paid him to have

sex with her "four or five times," including on 3 June

1997…Defendant testified that he was referring to

sexual contact which had occurred in Mr. Braswell's

home between Mr. Braswell and young men and boys in

the neighborhood.” (LNA, 2003, p. 3)

Hypothesis-supporting

WdWv liberated jury (Life)

Hypothesis-non-supporting

Male victim discredited. Defendant claims male

murder victim paid him to have consensual sex

with female victim (Mr. Braswell’s

housekeeper) on several prior occasions.

Defendant also claims male victim engaged in

homosexual activities with young men and

boys in the neighborhood. Mr. Braswell was

under indictment for child molestation.

Final Classification:

Hypothesis-supporting

Two murder victims (aged 57 and 78), bound

and gagged, blunt force trauma to the head by

a hammer resulting in skull fractures, rape of

female victim, bodies set on fire.

LexisNexis

Academic:

NO.COA02-1403

Court of Appeals

North Carolina

2003 N.C. App.

LEXIS 2290

Fayetville

Observer North

Carolina (1997)

Body Identified as

Teacher

Fayetville

Observer North

Carolina (1997)

Man Proves

Undeserving of

Trust

Hartley,

Kenneth

(White)

Bush,

Tristan

(White)

Bush,

Teresa

(White)

Bush,

Robert

(White)

Life

Sampson

(Eastern

Region)

2 aggravators accepted:

#9: Heinous, atrocious, or cruel

#11: Course of conduct (other crimes of violence

against another person or persons)

2 additional aggravators for Tristan Bush:

#5: Engaged in commission of rape

Hypothesis-supporting

WdWv liberated jury (Life)

Excluded from analysis

Defendant attempted to rape 14 year old victim.

Defendant did not commit any sexual offenses

against the other two murder victims.

LexisNexis

Academic:

04CRS52914

04CRS52915

04CRS52916

aero

WOT

Table 11b (Continued). Results of Qualitative Analysis: WdWv, Life, Liberated Jury (n=24).

131

Table 11b (Continued). Results of Qualitative Analysis: WdWv, Life, Liberated Jury (n=24).

132

Defendant

Name

(Race)

Victim

Name

(Race)

Sentence

County

(Region)

Elements Related to ECL

Classification/Reclassification

Process of Hypothesis Reclassification

Sources of Data

Johnson,

Norman

(White)

Mabel,

Sherrill

(White)

Life

Second trial

after original

death sentence;

no appeal.

Defendant was

also convicted

of murder in

another county.

Cleveland

(Western

Region)

2 aggravators accepted:

#5: Engaged in commission of rape

#9: Heinous, atrocious, or cruel

“Then he raped her. He stated that he did not get an

erection, but he did manage to penetrate slightly. He

also stated that he did not have an orgasm . . . ."

Realizing that she was not dead and being afraid that

she would scream, he stabbed her in the heart with the

knife.” (LNA, 1979, p. 7)

“He was, according to investigators, "fully

cooperative" with them…Defendant had been active at

Grace Baptist Church and, after the murder, expressed

"sorrow, remorse and grief" to the pastor of that church.

Defendant had a reputation for good character in his

community. He was a dependable employee, thought

of by his employer as honest, punctual, and hard

working. ..He was considered by a number of witnesses

to be "an easy going, friendly normal individual." His

jailer testified that, as a prisoner, he was "quiet . . . and

never caused any trouble" and that he "was a model

prisoner."” (LNA, 1979, p. 7)

“… he suffered from schizophrenia… Defendant's

childhood showed a history of suicide attempts at ages

12, 14 "and again in the 11th Grade"… defendant was

in the throes of a "mental or emotional disturbance at

the time of the murder of Mabel Bowman Sherrill" and

"the capacity of [defendant] to appreciate the

criminality of his conduct or to conform his conduct to

the requirements of law was impaired at the time he

killed Mabel Bowman Sherrill." (LNA, 1979, p. 8)

Hypothesis-supporting

WdWv liberated jury (Life)

Final Classification:

Hypothesis-non-supporting

Mitigating factors appear to outweigh the

aggravating factors; rape and murder are not

especially brutal.

LexisNexis

Academic: No

appeal.

Star News (1977)

https://news.googl

e.com/newspapers

?nid=1454&dat=1

9771102&id=NLk

sAAAAIBAJ&sjid

=HhMEAAAAIB

AJ&pg=6553,375

840&hl=en

Table 11b (Continued). Results of Qualitative Analysis: WdWv, Life, Liberated Jury (n=24).

133

Lee,

Johnny

(White)

Kreeger,

Talana

(White)

Life

Catawba

(Western

Region)

2 aggravators accepted:

#3: Previous violent felony

#9: Heinous, atrocious, or cruel

Hypothesis-supporting

WdWv liberated jury (Life)

Excluded from analysis

The defendant sexually assaulted and

murdered a two year old boy.

LexisNexis

Academic:

348 N.C. 474;

501 S.E.2d 334;

1998 N.C. LEXIS

336

Defendant

Name

(Race)

Victim

Name

(Race)

Sentence

County

(Region)

Elements Related to ECL

Classification/Reclassification

Process of Hypothesis Reclassification

Sources of Data

Table 11b (Continued). Results of Qualitative Analysis: WdWv, Life, Liberated Jury (n=24).

134

Thomas,

Ronald

(White)

Kreeger,

Talana

(White)

Life

New

Hanover

(Eastern

Region)

2 aggravators accepted:

#5: Engaged in commission of another rape/sexual

offense

#9: Heinous, atrocious, or cruel

“…defendant bit the victim's breasts until they were

bleeding and then inserted his fingers into her vagina;

the entire time the assault was occurring, the victim

was fighting, kicking, and screaming;

defendant…penetrated the victim with his entire hand

to a point past his wrist at least twice; defendant tore

out the wall between the victim's vaginal and anal

openings and proceeded to tear out part of the victim's

colon and right kidney; when the victim attempted to

crawl from the truck and fell to the ground, defendant

dragged her into the woods some 120 feet on her back

and left her helpless and bleeding to death; defendant

made no attempt to obtain assistance for the victim; the

victim was conscious for some amount of time after

being left to die; and defendant thereafter cleaned up

his truck, resumed his delivery route, and slept before

his next delivery.” (LNA, 1992, p. 4)

“An autopsy of the victim's body revealed multiple

bruises and lacerations to the victim's jaw, eyes, right

cheek, lip, right hand, left upper arm, and

breasts…Approximately twenty inches of the victim's

small intestine was hanging from between the victim's

legs.” (LNA, 1992, p. 7)

“Ballis, a licensed clinical social worker in

Wilmington, argued that Kreeger's killing was a hate

crime, motivated in part because Kreeger was a lesbian.

He and other supporters maintain her death was one of

a number of homicides of gays and lesbians during the

1980s in Southeastern North Carolina, targeted for their

sexuality.” (Star News, 2008)

“Friends had trouble finding a local church for her

funeral because she was "out" as a lesbian.” (Star

News, 2008)

Hypothesis-supporting

WdWv liberated jury (Life)

Hypothesis-supporting

The extreme brutality of this sexual assault and

murder should have influenced the jury to

produce a sentence of death.

Final Classification:

Hypothesis-non-supporting

This trial involves a non-traditional victim

(“‘out’ as a lesbian”) for which the ECL would

not apply.

LexisNexis

Academic:

332 N.C. 544;

423 S.E.2d 75;

1992 N.C. LEXIS

588

Star News (2008)

http://www.lexisne

xis.com.ezproxy.li

b.usf.edu/hottopics

/lnacademic/

Q-Notes (2007)

http://goqnotes.co

m/top2008/top03_

030808.html

Table 11b (Continued). Results of Qualitative Analysis: WdWv, Life, Liberated Jury (n=24).

135

Defendant

Name

(Race)

Victim

Name

(Race)

Sentence

County

(Region)

Elements Related to ECL

Classification/Reclassification

Process of Hypothesis

Reclassification

Sources of Data

Table 11b (Continued). Results of Qualitative Analysis: WdWv, Life, Liberated Jury (n=24).  
  
  
136  
  
Beach, 
Horace  
(White)  
Bennett, 
Cara  
(White)  
  
Strickland 
,  
Mary  
(White)  
  
Life  
Hung 
jury.  
Guilford  
(Piedmont 
Region)  
3 aggravators accepted:  
#3: Previous violent felony  
#5: Engaged in commission of another 
rape/first degree sexual offense  
#11: Course of conduct (other crimes of 
violence against another person or persons)  
  
Nipple cut off, stabbed in vagina.  
  
“The murders of Bennett and Strickland – 
both 86 years old, widows and 
grandmothers – shook the community, 
especially at First Baptist Church, where 
the women were longtime members and 
volunteers.”   
(News & Record, 1991)  
  
“Her arms were tied to her legs…   
A piece of cable was wrapped around her 
neck and a knife was lodged in her side.” 
(LNA, 1993, p. 3)  
  
“under this evidence,  [***20]  he's guilty 
of two counts of first degree murder; he's 
guilty of kidnaping [sic]; he's guilty of rape; 
he's guilty of sexual offense; he's guilty of 
larceny.  He's guilty of each and every one 
of these crimes under the evidence as we've 
put on.  
(LNA, 1993, p. 7)  
Hypothesis-supporting   
WdWv liberated jury (Life)  
  
Hypothesis-non-supporting  
The jury was first hung 11-1 on 
insanity charges due to 
extensive evidence of 
defendant’s mental problems 
and a horrid childhood before 
eventually submitting a 
unanimous guilty verdict.  
  
Final Classification:   
Hypothesis-supporting   
Murder of two elderly widows 
and grandmothers who were 
longtime members and 
volunteers at the church; 
overwhelming evidence of 
multiple felonies.  
  
LexisNexis Academic:  
333 N.C. 733;   
430 S.E.2d 248;   
1993 N.C. LEXIS  
235  
  
News & Record  
(1990) http://www.newsrecord.com/mancharged-
in-deathsof-elderlygreensborowomen/article_f60 
77735-a0e4-59c79e13-9f343 cccc250.html   
  
News & Record  
(1991) http://www.newsrecord.com/bossbeach-
ponderedinsaneplea/article_c75cf 29a-94af-
5c19bb6e-53c6ee 256c25.html   
  
  
News & Record  
(1991) http://www.newsrecord.com/notesto-judge-
indicatedeadlock-jury--on-insanity/ 
article_5e7a564b8010-5bf6-8360ea85c4c68b50.htm 
l   

137

Table 11b (Continued). Results of Qualitative Analysis: WdWv, Life, Liberated Jury (n=24).

Defendant

Name

(Race)

Victim

Name

(Race)

Sentence

County

(Region)

Elements Related to ECL

Classification/Reclassification

Process of Hypothesis Reclassification

Sources of Data

Bowman Jr.

Larry

(White)

Freeman,

Tiffany

(White)

Life

McDowell

(Western

Region)

3 aggravators accepted:

#3: Previous violent felony

#5: Engaged in commission of another rape

#9: Heinous, atrocious, or cruel

Hypothesis-supporting

WdWv liberated jury (Life)

Excluded from analysis

Victim was a thirteen year old girl.

LexisNexis

Academic:

COA05-1262

Table 11b (Continued). Results of Qualitative Analysis: WdWv, Life, Liberated Jury (n=24).

138

Defendant

Name

(Race)

Victim

Name

(Race)

Sentence

County

(Region)

Elements Related to ECL

Classification/Reclassification

Process of Hypothesis Reclassification

Sources of Data

b (Continued). Results of Qualitative Analysis: WdWv, Life, Liberated Jury (n=24).

139

Davis, Terry

(White)

Walton,

Ada

(White)

Life

Columbus

(Eastern

Region)

3 aggravators accepted:

#5: Engaged in commission of another felony

#6: Offense was for pecuniary gain

#9: Heinous, atrocious, or cruel

“Ada Walton, 71, was stabbed repeatedly and sexually

mutilated…” (Star News, 1996)

“Next, defendant cut Walton’s clothes off with an

electric sawblade knife while Walton continued to

plead for help from Derrera and to bed defendant not

to kill her.” (COA98-156, p. 1)

“Defendant attempted to rape Walton, but he could not

get an erection. Defendant became angry and began

repeatedly stabbing Walton with a knife.”

(COA98156, p. 1)

“…after the two men moved Walton’s body, defendant

repeatedly kicked Walton in the vagina and then used a

knife to saw off her right nipple.” (COA98-156, p. 2)

"...signs of blunt force injuries to her head, bruises on

her forehead and cheek region, and a large bruise in

the right temple region. Walton also had a large

number of stab or cutting injuries inflicted by a sharp

object such as a knife, including approximately seven

injuries to her left chest region, a stab wound on her

right breast, and one wound on the right midline of her

chest. There were also stab wounds in Walton's right

buttocks, one in her right thigh, and one in her

abdomen. Further, Walton had two shallow cut

injuries in her neck and a long cut injury on the left

side of her neck." (COA98-156, p. 2)

“But Mr. Davis intermittently cried and bragged about

the killing, he said, once telling his companions that

"it was the biggest high he ever had." (Star News,

1996).

Hypothesis-supporting

WdWv liberated jury (Life)

Hypothesis-non-supporting

Issues with reports on presence of sperm (one

report said sperm was present, one did not).

Defendant blames accomplice.

Final Classification:

Hypothesis-supporting

The sexual assault and murder were

premeditated, involving multiple conspirators,

and was especially heinous, atrocious, and

cruel.

LexisNexis

Academic:

COA98-156

FayObserver.com

(1995)

http://www.fayobs

erver.com/news/lo

cal/tabor-citywoman-

slain-

arecharged/article_3c

40bb9c54a6dd.ht

Star News (1996)

https://news.googl

e.com/newspapers

?nid=1454&dat=1

9961123&id=Dm

hSAAAAIBAJ&sj

id=ihUEAAAAIB

AJ&pg=6438,360

0541&hl=en

Star News (1996)

https://news.googl

e.com/newspapers

?nid=1454&dat=1

9961217&id=ErV

OAAAAIBAJ&sji

d=SBUEAAAAIB

AJ&pg=4643,337

109&hl=en

Table 11

a0b

524

Table 11b (Continued). Results of Qualitative Analysis: WdWv, Life, Liberated Jury (n=24).

140

Defendant

Name

(Race)

Victim

Name

(Race)

Sentence

County

(Region)

Elements Related to ECL

Classification/Reclassification

Process of Hypothesis Reclassification

Sources of Data

Johnson,

Norman

(White)

Bartlette

III,

Robert

(White)

Life

Davie

(Piedmont

Region)

3 aggravators accepted:

Missing data – the Issues & Recommendation sheet

was missing from the county file.

Hypothesis-supporting

WdWv liberated jury (Life)

Excluded from analysis

The victim was a ten year old boy.

LexisNexis

Academic: This

case was retried

in Davie Country

in 1980. The

offense

description is the

same as for the

Alexander County

Case.

Ridgeway,

Randy

(White)

Klase,

Danielle

(White)

Life

First degree

rape and first

degree sex

offense

convictions

vacated and

remanded due

to clerical error.

Davie

(Piedmont

Region)

3 aggravators accepted:

#5: Engaged in commission of forcible sex offense

#5: Engaged in commission of rape

#9: Heinous, atrocious, or cruel

Hypothesis-rejecting

WdWv liberated jury (Death)

Excluded from analysis Victim

was 14 years old.

LexisNexis

Academic:

COA06-1162

Defendant

Name

(Race)

Victim

Name

(Race)

Sentence

County

(Region)

Elements Related to ECL

Classification/Reclassification

Process of Hypothesis Reclassification

Sources of Data

b (Continued). Results of Qualitative Analysis: WdWv, Life, Liberated Jury (n=24).  
141  
  
Silhan,  
Stephen  
 (White)  
Coates,  
Maryjo  
(White)  
  
Life Second 
trial.  
Columbus 
(Eastern  
Region)  
  
Multiple 
changes of  
venues due 
to jurors’  
knowledge 
of case.  
3 aggravators accepted:  
Missing data – Issues and Recommendation Sheet was 
in file but left blank.  Confirmed by county that no 
other documents were in retrial file.  
  
“After raping and knifing Miss Coates, Silhan 
paralyzed Miss Davenport by pounding on her back 
and sawed halfway through her neck with the knife, 
she said.  Then he stabbed her twice in the back.”  
(Star News, 1981)  
  
“He had gagged her…I could hear her screaming 
while he was raping her.” (FayObserver.com, 2010)  
  
“One of the back wounds severed her artery to her 
heart.” (FayObserver.com, 2010)  
  
“He slit her throat, again and then again.  She felt the 
blade penetrate.”  (FayObserver.com, 2010)  
Hypothesis-supporting   
WdWv liberated jury (Life)  
  
Hypothesis-supporting   
Two rape victims, ages 14 and 17; 14 year old 
was murdered.  Extremely brutal sexual 
assaults and murder.  
  
Excluded from analysis  
Two rape victims were 14 and 17; only 14 
year old was murdered.  
  
LexisNexis 
Academic:  
No Appeal   
  
Star News (1981) 
https://news.googl 
e.com/newspapers 
?nid=1454&dat=1 
9810801&id=n8U 
sAAAAIBAJ&sji 
d=UBMEAAAAI 
BAJ&pg=6819,44 
729&hl=en   
  
Star News (1981) 
https://news.googl 
e.com/newspapers 
?nid=1454&dat=1 
9810728&id=asQ 
sAAAAIBAJ&sji 
d=WxMEAAAAI 
BAJ&pg=2543,65 
13309&hl=en   
  
WRAL.com  
(2000) 
http://www.wral.c 
om/news/local/sto 
ry/141222/   
  
FayObserver.com  
(2010) 
http://www.fayobs 
erver.com/woman 
-fears-attackerwill-
getparole/article_6d9 
0a478-1add-55cd- 
9a2c- 
713c7e1d6cfa.htm 
l   
  

hypothesis. The revised hypothesis was further modified to consider the evidence discovered in

the analysis of these WdWv trials: juries in rape-involved capital murder trials in North Carolina

are more likely to recommend a sentence of death when the defendant is a Black male and the

victim is a chaste (i.e., perceived to be traditionally morally pure) White female compared to

White male defendants and chaste White female victims only when the circumstances of the trial

are not perceived to be especially brutal. There were no trials in the sample involving White

male defendants, White female victims, and a non-liberated jury that recommended a life

sentence.

For all BdWv trials with liberated juries that recommended a life sentence (n=7), 0

supported the hypothesis, 3 rejected the hypothesis, 2 failed to support the hypothesis, and 2

were excluded (see Table 11c). Observed themes within these trials that failed to support the

hypothesis are related to: the perceived fairness of the trial proceedings (e.g., circumstantial

evidence, improperly submitted evidence) and trial circumstances not perceived to be especially

brutal. Juries considering these factors would likely recommend a sentence of life regardless of

the race of the defendant. The main theme associated with the two trials that rejected the

hypothesis is related to the especially brutal nature of the crimes committed by the defendant

(e.g., the perceived brutality of the rape/and or murder, involvement of multiple offenders,

multiple rapes, and/or multiple victims). These trials that involved brutal circumstances that

could have influenced different juries to recommend sentences of death for the Black defendants

resulted in life sentences and thus reject the hypothesis. One of the trials rejecting the hypothesis

was a resentencing hearing in which three of the five aggravating factors accepted in the original

trial were not accepted in the new hearing. However, the HAC aggravator was still accepted and

evidence was still presented that demonstrated the extreme brutality of the sexual assault and

127

Table 11

144

c. Results of Qualitative Analysis: BdWv, Life, Liberated Jury (n=7).

Defendant

Name

(Race)

Victim

Name

(Race)

Sentence

County

(Region)

Elements Related to ECL

Classification/Reclassification

Process of Hypothesis Reclassification

Sources of Data

Flack,

Lester

(Black)

Flack,

Richard

(Black)

Newsome,

Nannie

(White)

Life

New trial due to

trial court

erroneously

allowing

hypnotically

induced

testimony.

Rutherford

(Western

Region)

1 aggravator accepted:

#9: Heinous, atrocious, or cruel

“Miss Nannie Newsome was eighty-eight years old, a

retired school teacher, and a respected member of the

community of Union Mills, located in rural Rutherford

County.” (LNA, 1984, p. 2)

“Miss Newsome's death caused a wave of anger and

revulsion within the Union Mills Community.” (LNA,

1984, p. 2)

“…failed to show any connection of the items with

Lester or Richard Flack. In fact, both parties concede

that no physical evidence whatsoever placed either of

the defendants at the crime scene.” (LNA, 1984, p. 3)

“There was no person who was least deserving of the

treatment she received on the night that she died than

Nannie Newsome,” Leonard said, characterizing her as

a “near saint who spent her life working for the

Almighty and her fellow man.” (Herald-Journal, 1983)

“The state’s only real evidence is the testimony of

Maurice Forney, a confused man.” (Herald-Journal,

1983)

Hypothesis-rejecting

BdWv liberated jury (Life)

Final Classification:

Hypothesis-non-supporting

Two defendants who may not have even been

guilty, one aggravator accepted, new trial

ordered because conviction was based on

improper use of hypnotically induced

testimony.

LexisNexis

Academic:

312 N.C. 448;

322 S.E.2d 758;

1984 N.C. LEXIS

1817

Herald-Journal

(1983)

https://news.googl

e.com/newspapers

?nid=1876&dat=1

9830308&id=mkY

sAAAAIBAJ&sjid

=3s4EAAAAIBAJ

&pg=3241,182559

8&hl=en

Herald-Journal

(1983)

https://news.googl

e.com/newspapers

?nid=1876&dat=1

9830315&id=jEYs

AAAAIBAJ&sjid

=3s4EAAAAIBAJ

&pg=6356,364989

0&hl=en

Table 11c (Continued). Results of Qualitative Analysis: BdWv, Life, Liberated Jury (n=7).

145

Defendant

Name

(Race)

Victim

Name

(Race)

Sentence

County

(Region)

Elements Related to ECL

Classification/Reclassification

Process of Hypothesis Reclassification

Sources of Data

Forney,

Roderick

(Black)

Newsome,

Nannie

(White)

Life

Burglary, rape,

and murder

convictions

reversed based

on lack of

evidence.

Rutherford

(Western

Region)

1 aggravator accepted:

#9: Heinous, atrocious, or cruel

Hypothesis-rejecting

BdWv liberated jury (Life)

Excluded from analysis

Burglary, rape, and murder convictions

reversed based on lack of evidence.

LexisNexis

Academic:

310 N.C. 126;

310 S.E.2d 20;

1984 N.C. LEXIS

1554

Herald-Journal

(1983)

https://news.googl

e.com/newspapers

?nid=1876&dat=1

9830308&id=mkY

sAAAAIBAJ&sjid

=3s4EAAAAIBAJ

&pg=3241,182559

8&hl=en

Herald-Journal

(1983)

https://news.googl

e.com/newspapers

?nid=1876&dat=1

9830315&id=jEYs

AAAAIBAJ&sjid

=3s4EAAAAIBAJ

&pg=6356,364989

0&hl=en

Defendant

Name

(Race)

Victim

Name

(Race)

Sentence

County

(Region)

Elements Related to ECL

Classification/Reclassification

Process of Hypothesis Reclassification

Sources of Data

Table 11c (Continued). Results of Qualitative Analysis: BdWv, Life, Liberated Jury (n=7).

146

Hunt,

Darryl

(Black)

Sykes,

Deborah

(White)

Life

Retried

noncapitally in

Catawba.

Found guilty of

first degree

murder and

received life.

Exonerated by

DNA evidence

after spending

18 years in

prison and

pardoned by

governor.

Forsyth

(Western

Region)

1 aggravator accepted:

#9: Heinous, atrocious, or cruel

Victim was accosted, beaten, raped, and stabbed

multiple times.

Hypothesis-rejecting

BdWv liberated jury (Life)

Excluded from analysis

Never tried for this case. Was retried

noncapitally.

LexisNexis Academic:

324 N.C. 343;

378 S.E.2d 754;

1989 N.C. LEXIS

252

The Herald Sun

(2004)

http://www.lexisne

xis.com.ezproxy.li

b.usf.edu/hottopics

/lnacademic/

Innocence Project

http://www.innoce

nceproject.org/cas es-

falseimprisonment/darr

yl-hunt

Defendant

Name

(Race)

Victim

Name

(Race)

Sentence

County

(Region)

Elements Related to ECL

Classification/Reclassification

Process of Hypothesis

Reclassification

Sources of Data

Table 11c (Continued). Results of Qualitative Analysis: BdWv, Life, Liberated Jury (n=7).

147

Rogers,

Lionel

(Black)

Sechler,

Hazel

(White)

Life

Resentencing

hearing:

original

sentence of

death vacated

due to

prosecutor’s

improper

crossexamination

of defendant’s

expert and

closing

argument

Forsyth

(Piedmont

Region)

2 aggravator accepted:

#3: Previous violent felony

#9: Heinous, atrocious, or cruel

“Lieutenant Harris found the victim lying on her

bed, bleeding from injuries to her throat and

hands. Her neck had been sliced so deeply that

she was breathing through the wound in her

trachea.” (LNA, 2002, p. 9)

“You tell us through your verdicts, ladies and

gentlemen, you tell us that we can have folks

roaming our streets who cut and hack and slash

and murder and abuse and sexually assault

eighty-eight year old citizens of this county.”

(LNA, 2002, p. 23)

“When I saw her on the (hospital) bed, she

appeared to be half-decapitated, and I

immediately walked out.”

(The Daily Herald, 2000)

“Several jurors averted their eyes for brief

moments as the graphically detailed photos

plainly showed the elderly woman, fully

conscious and looking at the camera with a

gaping, bloody wound in her neck.” (The Daily

Herald, 2000)

“We could not give her any medication to make

sure she was not in pain, because we had no

time.” (The Daily Herald, 2000).

“…intent to sexually assault Sechler by slashing

her throat from ear-to ear and she sustained

defensive wounds on both her hands and that the

murder was especially heinous, atrocious or

cruel.” (The Daily

Herald, 2004)

Hypothesis-rejecting

BdWv liberated jury (Life)

Final Classification:

Hypothesis-Rejecting

While 3 of the 5 aggravators accepted in

the first trial were dropped to 2

aggravators accepted in the resentencing

hearing, the jury’s verdict of life for this

black male who brutally murdered an 88

year old white female victim rejects the

hypothesis.

LexisNexis Academic:

No Appeal/Penalty

Phase Retrial

The Daily Herald

(2000) http://www.rrdaily

herald.com/mistria l-nearly-

declaredon-second-day-ofrogers-

murdertrial/article_f3fb4a 6d-

2935-5b7ba6f8-

8753dcda14b5.ht

The Daily Herald

(2003) http://www.rrdaily

herald.com/rogersfound-guilty-

ofmurder-and-

rapeofsechler/article_81c cb02d-

639b-570da4b5-

17bc6735d34f.htm

The Daily Herald

(2004)

http://www.rrdaily

herald.com/news/r ogers-gets-

life-

inresentencinghearing/article_efb

0b199d957496.ht ml

506

Table 11 Results of Qualitative Analysis: BdWv,

148

c (Continued). Life, Liberated Jury (n=7).

Defendant

Name

(Race)

Victim

Name

(Race)

Sentence

County

(Region)

Elements Related to ECL

Classification/Reclassification

Process of Hypothesis Reclassification

Sources of Data

Bradford,

Kendrick

(Black)

Hartwig,

Bobbie

(White)

Parrish,

Bernadine

(White)

Life

Halifax

(Eastern

Region)

2 aggravators accepted:

#5: Engaged in commission of kidnapping #11:

Course of conduct (other crimes of violence

against another person or persons)

“Three people walking on the highway, one shot down

like a dog in the ditch, the other two ladies forced in

the car, driven a distance, the car running in a ditch,

ladies forced to try to help move the car. Those aldies

as you heard evidence about crying, hysterical,

worried about one of them’s (sic) mother and what

effect shooting or potential shooting of the brother

would have on her mother because of her mother’s

heart condition. Two women giving their bodies,

raped, and raped. And then …murdered in a most vile

way…Bernadine Parrish, strangled in the fashion that

you heard. Ah, after being raped, she passed out,

becomes conscious again, sits up, strangled again to

the point that…she looses (sic) control of her bodily

functions and [is] thrown in a ditch. Bobbie Jean

Hartwig, raped and raped, strangled, thrown in a ditch,

regains consciousness, screaming in the ditch after

being strangled and then blown away in the chest with

a shotgun…I don’t believe any of us are capable of

imagining the pure horror that was going on.” (LNA,

1995, p. 35)

Hypothesis-rejecting

BdWv liberated jury (Life)

Final Classification:

Hypothesis-rejecting

Multiple men repeatedly raped two female

victims before murdering them in a horrific

manner; attempted murder of third male victim.

LexisNexis

Academic:

No Appeal

c (Continued). Life, Liberated Jury (n=7).

Defendant

Name

(Race)

Victim

Name

(Race)

Sentence

County

(Region)

Elements Related to ECL

Classification/Reclassification

Process of Hypothesis

Reclassification

Sources of Data

Table 11 Results of Qualitative Analysis: BdWv,

149

Montgomery,

Rodney

(Black)

Piccolo,

Kimberly

(White)

Life

Second

trial

Pitt

(Eastern

Region)

2 aggravators accepted:

#5: Engaged in commission of felony

#6: Offense was for pecuniary gain

“Piccolo had received nine stab wounds that were

clustered in her chest, arm, back, and abdomen

and several defensive wounds on her hands. One

stab wound went completely through her right

hand. The cause of death was loss of blood.”

(LNA, 1992, p. 4)

Hypothesis-rejecting

BdWv liberated jury (Life)

Final Classification:

Hypothesis-non-supporting

Strong but circumstantial evidence;

defendant had an alibi; no witnesses;

attempted rape. HAC aggravator not

accepted as it was in the first trial; the

murder does not seem as brutal as many

of the other trials reviewed.

LexisNexis Academic:

341 N.C. 553;

461 S.E.2d 732;

1995 N.C. LEXIS

408

The Times-News

(1993) https://news.googl

e.com/newspapers

?nid=1665&dat=1

9931211&id=wsiAAAAIBAJ&sji

d=PCUEAAAAIB

AJ&pg=5654,312

7298&hl=en

Richardson,

Danny

(Black)

Byrum,

Gladys

(White)

Life

Mecklenburg

(Piedmont

Region)

2 aggravators accepted:

#5: Engaged in commission of

rape/robbery/burglary

#6: Offense was for pecuniary gain

“But manual strangulation takes an effort, takes a

deliberate act, takes a premeditated act. It takes an

act of thinking it out and doing it.” (LNA, 1991, p.

"Gladys Mae Byrum, 59, died early Sunday after

being on life-support systems for 11 days."

(Charlotte

Observer, 1989)

"She worked hard all her life. She took good care

of us kids and always protected us." (Charlotte

Observer, 1989)

Hypothesis-rejecting

BdWv liberated jury (Life)

Final Classification:

Hypothesis-non-supporting

Inconclusive DNA tests; not especially

brutal.

LexisNexis Academic:

328 N.C. 505;

402 S.E.2d 401;

1991 N.C. LEXIS

261

Charlotte Observer

(1989)

murder. As stated earlier, I anticipated through my employment of qualitative hypothesis testing

that I would discover trials that completely rejected the hypothesis and thus I would not be able

to reformulate the hypothesis to represent all trials in the data set but instead identify overall

levels of support for the hypothesis (Berg, 1989; Ratcliffe, 1994; Robinson, 1951). Therefore,

the revised hypothesis did not undergo any further modifications at this point in the analysis.

For all WdWv trials with liberated juries that recommended a death sentence (n=26), 0

supported the hypothesis, 6 rejected the hypothesis, 13 failed to support the hypothesis, and 7

were excluded (see Table 11d). Observed themes within these trials that failed to support the

hypothesis are related to: trial circumstances perceived to be especially brutal (e.g., torture,

severe injuries); previous violent crimes committed by the defendant, multiple victims; a

particularly brutal sexual assault (e.g., sodomizing the victim, using foreign objects to sexually

assault the victim). Juries considering these factors would likely recommend a sentence of death

regardless of the race of the defendant. Further, three trials were automatically reclassified as

hypothesis-non-supporting because they involved non-traditional White female victims (e.g.,

discredited for drug use/involvement). Observed themes associated with the trials that rejected

the hypothesis are related to: the presence of mitigating factors (e.g., the defendants mental

problems and/or traumatic childhood) that may have outweighed the accepted aggravating

factors; trial circumstances that may not have been perceived as especially brutal. These trials

that could have influenced different juries to recommend sentences of life for the White

defendants resulted in death sentences and thus reject the hypothesis. Potential explanations for

several of these trial outcomes may be related to the absence of mitigating factors, prior rape

convictions, and the psychological torture of the victim. However, the overall themes of most of

these trials were that the mitigating factors outweighed the aggravating factors and/or that the

134

Table 11

152

d. Results of Qualitative

Analysis: WdWv, Death

Penalty, Liberated Jury

(n=26).

Defendant

Name

(Race)

Victim

Name

(Race)

Sentence

County

(Region)

Elements Related to ECL

Classification/Reclassification

Process of Hypothesis Reclassification

Sources of Data

Johnson,

Norman

(White)

Bartlette

III,

Robert

(White)

Death

Alexander

(Western

Region)

1 aggravators accepted:

#9: Heinous, atrocious, or cruel

Hypothesis-rejecting

WdWv liberated jury (Death)

Excluded from analysis

The victim was a ten year old boy.

LexisNexis

Academic:

298 N.C. 355;

259 S.E.2d 752;

1978 N.C. LEXIS

1387

Table 11 Results of Qualitative Analysis: WdWv, Death Penalty, Liberated Jury (n=26).

153

Table 11d (Continued). Results of Qualitative Analysis: WdWv, Death Penalty, Liberated Jury (n=26).

Defendant

Name

(Race)

Victim

Name

(Race)

Sentence

County

(Region)

Elements Related to ECL

Classification/Reclassification

Process of Hypothesis

Reclassification

Sources of Data

154

Poindexter,

Ronald

(White)

Coltrane,

Wanda

(White)

Death

Retrial. Court

vacated

defendant's

death sentence

and

ordered a new

capital

sentencing

hearing due to

ineffective

assistance of

defendant's

trial

counsel during

sentencing

proceeding of

second trial.

Question of

mental

retardation will

be addressed at

resentencing

hearing.

Randolph

(Piedmont

Region)

1 aggravator accepted:

#5: Engaged in commission of rape

“An autopsy revealed that Coltrain died as a

result of numerous cutting injuries with a deep

cut across her throat.” (Courier Tribune, 2015)

“…beating Coltrane and cutting her throat with

a serrated ham knife during an attempted

rape.” (News & Record, 2002)

“Investigators found her bra in the bedroom of

a house where she had gone to meet Pugh,

allegedly to buy cocaine.” (Courier Tribune,

2015)

Cocaine found in victim’s blood stream.

Hypothesis-rejecting

WdWv liberated jury (Death)

Final Classification:

Hypothesis-non-supporting

The victim, a long time neighbor of

the defendant, used cocaine she

bought from the defendant.

LexisNexis Academic:

359 N.C. 287;

608 S.E.2d 761;

2005 N.C. LEXIS

204

News & Record

(2002)

http://www.newsrecord.com/pughsentenced-

todeath-again-ajury-sends-

ronaldpugh/article_5b12 3435-3ee8-594d-

85b4-06d1152a

80bc.html

Associated Press

& State Local Wire (2005)

http://www.lexisne xis.com.ezproxy.li

b.usf.edu/hottopics

/lnacademic/

Courier Tribune

(2015) http://couriertribune.com/news/

local/pugh-appealdenied-courtappeals-

deathwanda-coltrane

d (Continued).

Defendant

Name

(Race)

Victim

Name

(Race)

Sentence

County

(Region)

Elements Related to ECL

Classification/Reclassification

Process of Hypothesis Reclassification

Sources of Data

Table 11 Results of Qualitative Analysis: WdWv, Death Penalty, Liberated Jury (n=26).

155

Chandler,

Frank

(White)

Poore,

Doris

(White)

Death

Surry

(Piedmont

Region)

1 aggravator accepted:

#6: Offense was for pecuniary gain

Hypothesis-rejecting

WdWv liberated jury (Death)

Excluded from analysis

While the victim’s body was found partially

clothed, there was no evidence of rape of

sexual assault. The defendant was found not

guilty of attempted rape/sexual assault.

LexisNexis

Academic:

342 N.C. 742;

467 S.E.2d 636;

1996 N.C. LEXIS

148

Payne, Randy

(White)

Weaver,

Kathleen

(White)

Death

Second trial.

Death sentence

vacated based on

improper

instructions

regarding

mitigating

circumstance;

new sentencing

proceeding

ordered.

Davidson

(Piedmont

Region)

New venue

due to

pretrial

publicity.

1 aggravator accepted:

#5: Engaged in commission of rape

“Her legs were spread apart, and the pajamas she was

wearing were split open at the crotch. The bed linens

were disarrayed and heavily stained with blood.”

(LNA, 1991, p. 7)

“Weaver, a widow and grandmother of four, was raped

and bludgeoned to death with an ax at her home.”

(The Dispatch, 1995)

Hypothesis-rejecting

WdWv liberated jury (Death)

Hypothesis-rejecting

Defendant sniffed gasoline habitually since he

was seven or eight years old and had borderline

mental retardation and cognitive problems.

Only one aggravator accepted (commission of

rape). The HAC aggravator was not submitted

in the second or third trials.

Final Classification:

Hypothesis-non-supporting

No mitigating factors found, 16 hatchet

wounds, malice, premeditation and

deliberation, and felony murder.

LexisNexis

Academic:

328 N.C. 377;

402 S.E.2d 582;

1991 N.C. LEXIS

263

The Dispatch

(1995)

https://news.googl

e.com/newspapers

?nid=1734&dat=1

9950328&id=v8E

dAAAAIBAJ&sji

d=A1MEAAAAI

BAJ&pg=2813,23

76212&hl=en

Table 11d (Continued). Results of Qualitative Analysis: WdWv, Death Penalty, Liberated Jury (n=26).

156

Defendant

Name

(Race)

Victim

Name

(Race)

Sentence

County

(Region)

Elements Related to ECL

Classification/Reclassification

Process of Hypothesis Reclassification

Sources of Data

Payne, Randy

(White)

Weaver,

Kathleen

(White)

Death

Third trial.

Davidson

(Piedmont

Region)

1 aggravator accepted:

#5: Engaged in commission of rape

“Weaver, a widow and grandmother of four, was raped

and bludgeoned to death with an ax at her home.”

(The Dispatch, 1995)

“Here, though the circumstance was not submitted, the

evidence tended to show that this murder was quite

brutal, involving sixteen hatchet wounds to the head,

neck, back, arms, and hands.” (LNA 1994, p. 19)

“…the victim was five feet, one inch tall and weighed

one hundred thirty-one pounds. He found sixteen cut

injuries on her head, neck, back, arms, and hands.

Several of the wounds were over three-inches long.

Two deep cuts went through the skull; the brain and

bone in the head were exposed through these cuts.

The victim's skull was fractured, which caused

fragments of bone to be driven into the brain's surface.

A three-inch cut on the left arm opened the elbow

joint and entered the bones of the forearm. The cuts

were caused by a large, heavy, sharp object, such as a

cleaver, ax, or machete. The victim also suffered a

blow of some magnitude to the liver.” (LNA, 1994, p.

Hypothesis-rejecting

WdWv liberated jury (Death)

Hypothesis-rejecting

Defendant sniffed gasoline habitually since he

was seven or eight years old and had borderline

mental retardation and cognitive problems.

Only one aggravator accepted (commission of

rape). The HAC aggravator was not submitted

in the second or third trials.

Final Classification:

Hypothesis-non-supporting

No mitigating factors found, 16 hatchet

wounds, malice, premeditation and

deliberation, and felony murder.

LexisNexis

Academic:

337 N.C. 505;

448 S.E.2d 93;

1994 N.C. LEXIS

499

The Dispatch

(1995)

https://news.googl

e.com/newspapers

?nid=1734&dat=1

9950328&id=v8Ed

AAAAIBAJ&sjid

=A1MEAAAAIB

AJ&pg=2813,2376

212&hl=en

d. (Continued).

Defendant

Name

(Race)

Victim

Name

(Race)

Sentence

County

(Region)

Elements Related to ECL

Classification/Reclassification

Process of Hypothesis Reclassification

Sources of Data

Table 11 Results of Qualitative Analysis: WdWv, Death Penalty, Liberated Jury (n=26).

157

Reeves,

Michael

(White)

Toler,

Susan

(White)

Death

Carteret

(Eastern

Region)

1 aggravator accepted:

#3: Previous violent felony

The defendant then forced Mrs. Toler to undress

and sexually assaulted her. The defendant used at

least two sharp tools to assault Mrs. Toler and she

suffered five wounds in her vaginal area. The

defendant then forced her to lie on the floor at

which time he put a pillow over her head and shot

her to death.” (LNA,

1994, p. 10)

“…the victim "was a very good person. She

always went to church. She loved her children.

She was a good wife and mother. And she was just

a very good person, would do anything for

anybody, and she died not knowing what

happened to her two-and-a-halfyear-old child."

(LNA, 1994, p. 15)

Hypothesis-rejecting

WdWv liberated jury (Death)

Hypothesis-rejecting

Kidnapped, raped, and cut another

woman on a separate occasion; sexually

assaulted victim with a screwdriver after

the rape.

Final Classification:

Hypothesis-rejecting

The defendant sent the victim’s daughter

to another room (unharmed) prior to the

sexual assault; the victim died from one

gunshot wound to the head.

LexisNexis Academic:

337 N.C. 700;

448 S.E.2d 802;

1994 N.C. LEXIS

578

Charlotte Observer

(2005) http://lists.washlaw

.edu/pipermail/deat

hpenalty/2005July/002963.html

Defendant

Name

(Race)

Victim

Name

(Race)

Sentence

County

(Region)

Elements Related to ECL

Classification/Reclassification

Process of Hypothesis Reclassification

Sources of Data

Table 11d (Continued). Results of Qualitative Analysis: WdWv, Death Penalty, Liberated Jury (n=26).   
  
158  
  
Silhan,  
Stephen  
(White)  
  
  
  
  
  
  
  
  
  
Coates,  
Maryjo  
 (White)  
  
  
Death  
1st trial.  
Judgment  
arrested for first 
degree rape and 
new sentencing  
hearing ordered 
for first degree 
murder.  
  
Columbus 
(Eastern  
Region)  
1 aggravator accepted:  
#5: Engaged in commission of rape  
  
“After raping and knifing Miss Coates, Silhan 
paralyzed Miss Davenport by pounding on her back 
and sawed halfway through her neck with the knife, 
she said.  Then he stabbed her twice in the back.”  
(Star News, 1981)  
  
“He had gagged her…I could hear her screaming 
while he was raping her.” (FayObserver.com, 2010)  
  
“One  of  the  back  wounds  severed  her  artery  to  her 
heart.” (FayObserver.com, 2010)  
  
“He slit her throat, again and then again.  She felt the 
blade penetrate.”  (FayObserver.com, 2010)  
Hypothesis-rejecting  
WdWv liberated jury (Death)  
  
Hypothesis-non-supporting   
Two rape victims, ages 14 and 17; 14 year old 
was murdered.  Extremely brutal sexual 
assaults and murder.  
  
Excluded from analysis  
Two rape victims were 14 and 17; only 14 
year old was murdered.  
  
LexisNexis Academic:  
302 N.C. 223;   
275 S.E.2d 450;   
1981 N.C. LEXIS  
1057  
  
Star News (1981) 
https://news.googl 
e.com/newspapers 
?nid=1454&dat=1 
9810801&id=n8Us 
AAAAIBAJ&sjid 
=UBMEAAAAIB 
AJ&pg=6819,4472 
9&hl=en   
  
Star News (1981) 
https://news.googl 
e.com/newspapers 
?nid=1454&dat=1 
9810728&id=asQs 
AAAAIBAJ&sjid 
=WxMEAAAAIB 
AJ&pg=2543,6513 
309&hl=en   
  
WRAL.com  
(2000) 
http://www.wral.c 
om/news/local/stor 
y/141222/   
  
FayObserver.com  
(2010) 
http://www.fayobs 
erver.com/womanfears-
attacker-willget-parole/ 
article_6d90a4781add-
55cd-
9a2c713c7e1d6cfa.html  

Table 11 Results of Qualitative Analysis: WdWv, Death Penalty, Liberated Jury (n=26).

159

d (Continued).

Defendant

Name

(Race)

Victim

Name

(Race)

Sentence

County

(Region)

Elements Related to ECL

Classification/Reclassification

Process of Hypothesis Reclassification

Sources of Data

Daughtry,

Johnny

(White)

Narron,

Jennifer

(White)

Death

Johnston

(Eastern

Region)

2 aggravators accepted:

#5: Engaged in commission of sexual offense #9:

Heinous, atrocious, or cruel

“They found the victim's naked body face down next

to the apartment steps. Her head lay in a pool of

blood, and a stick protruded from her rectum. Her left

arm extended along the left side of her body, palm up;

her right index finger was in her mouth.” (LNA,

1995, p. 11)

“…found multiple bruises and abrasions on the

victim's head, face, and neck. The lower jawbone was

fractured in two places, and the back of the scalp had

four separate lacerations, each exposing bone. She

also found multiple skull fractures, hemorrhaging

around the brain and brain stem, and bruises of the

brain tissue…both internal and external lacerations

existed in and around the vagina and rectum. Further,

the injuries around the rectal area were consistent with

an object being rotated in the rectum.” (LNA,

1995, p. 11)

“(1) the victim was alive as defendant bludgeoned her,

(2) the victim was alive when defendant inserted the

tree limb into her rectum, and (3) defendant twisted

the stick in the rectum as he inserted it”

(LNA, 1995, p. 19)

“The acts depicted highlight the excessive brutality

and cruelty of the killing.” (LNA, 1995, p. 19)

Hypothesis-rejecting

WdWv liberated jury (Death)

Final Classification:

Hypothesis-non-supporting

The defendant had a history of violence against

the victim. The “pitiless and dehumanizing

manner of the murder” likely weighed heavily

on the jury’s sentencing decision (LNA, 1995,

p. 19).

LexisNexis

Academic:

340 N.C. 488;

459 S.E.2d 747;

1995 N.C.

LEXIS 377

The Smithfield

Herald (2010)

http://www.lexisn

exis.com.ezproxy

.lib.usf.edu/hotto

pics/lnacademic/

Table 11d (Continued). Results of Qualitative Analysis: WdWv, Death Penalty, Liberated Jury (n=26).

160

Defendant

Name

(Race)

Victim

Name

(Race)

Sentence

County

(Region)

Elements Related to ECL

Classification/Reclassification

Process of Hypothesis Reclassification

Sources of Data

d (Continued). Results of Qualitative Analysis: WdWv, Death Penalty, Liberated Jury (n=26).

161

Hennis,

Timothy

(White)

Eastborn,

Kathryn

(White)

Death

New trial

ordered based on

prejudicial use of

photographs by

the state in

conjunction with

a lack of

overwhelming

evidence against

defendant.

Cumberland

(Eastern

Region)

2 aggravators accepted:

#9: Heinous, atrocious, or cruel

#11: Course of conduct (other crimes of violence

against another person or persons)

“…where he discovered the body of three-year-

old Erin Eastburn and the naked body of her

mother on the floor... numerous knife wounds to

the chests of both victims and that part of the

child's face and chest and Mrs. Eastburn's face

were covered with pillows. On the bed in a

second bedroom the officer found the body of

five-year-old Kara Eastburn, also with numerous

knife wounds to her chest and side and a

pillow or blanket over her head.” (LNA, 1988, p.

“What happened in that house was udder

madness. It’s one of the most tragic things that

has ever happened in this country.” (The New

Yorker, 2011)

“Additionally, each victim's throat had been cut

in a manner commonly described as "from ear to

ear" and, in at least one instance, almost

decapitating the body.” (LNA, 1988, p. 8)

“She had been stabbed fifteen times and had

apparently been raped; semen was found inside

her body. All three Eastburns’ throats had been

slit.”

(The New Yorker, 2011)

“Time was a gentle giant. I would trust the guy

with my family.”

(The New Yorker, 2011)

Hypothesis-rejecting

WdWv liberated jury (Death)

Final Classification:

Hypothesis-non-supporting

Three murder victims including two

young girls. The circumstances

surrounding the rape and murders were

especially heinous, atrocious, and cruel.

LexisNexis Academic:

323 N.C. 279; 372 S.E.2d 523;

1988 N.C.

LEXIS 607

ABC News

(2010) http://abcnews.go

.com/2020/timot hy-hennis-

guilty1985-triplemurder-trial/

story?id=116529

The New Yorker

(2011) https://www.goo

gle.com/?gws_rd

=ssl#q=hennis+e

astborn+murder

CNN (2014) http://www.cnn.c

om/2014/07/18/u s/death-

rowstories-hennis/

FayObserver.co m (2014)

http://www.fayobs

erver.com/news/cr

ime_courts/timoth y-hennis-

appealsmurderconvictionsformer-

fort-

braggsoldierargues/article_bce

87734dc3d5.html

Table 11

979

Table 11d (Continued). Results of Qualitative Analysis: WdWv, Death Penalty, Liberated Jury (n=26).

162

Defendant

Name

(Race)

Victim

Name

(Race)

Sentence

County

(Region)

Elements Related to ECL

Classification/Reclassification

Process of Hypothesis Reclassification

Sources of Data

Johnson,

Norman

(White)

Sherrill,

Mabel

(White)

Death

Remanded for

new sentencing

based on

prejudicially

insufficient

instructions

regarding

mitigating

circumstance.

Cleveland

(Western

Region)

(Change of

venue from

Caldwell)

2 aggravators accepted:

#5: Engaged in commission of rape

#9: Heinous, atrocious, or cruel

“Then he raped her. He stated that he did not get an

erection, but he did manage to penetrate slightly. He

also stated that he did not have an orgasm . . . ."

Realizing that she was not dead and being afraid that

she would scream, he stabbed her in the heart with the

knife.” (LNA, 1979, p. 7)

“He was, according to investigators, "fully

cooperative" with them…Defendant had been active

at Grace Baptist Church and, after the murder,

expressed "sorrow, remorse and grief" to the pastor of

that church. Defendant had a reputation for good

character in his community. He was a dependable

employee, thought of by his employer as honest,

punctual, and hard working. ..He was considered by a

number of witnesses to be "an easy going, friendly

normal individual." His jailer testified that, as a

prisoner, he was "quiet . . . and never caused any

trouble" and that he "was a model prisoner."” (LNA,

1979, p. 7)

“… he suffered from schizophrenia… Defendant's

childhood showed a history of suicide attempts at

ages 12, 14 "and again in the 11th Grade"…

defendant was in the throes of a "mental or emotional

disturbance at the time of the murder of Mabel

Bowman Sherrill" and "the capacity of [defendant] to

appreciate the criminality of his conduct or to

conform his conduct to the requirements of law was

impaired at the time he killed Mabel Bowman

Sherrill." (LNA, 1979, p. 8)

Hypothesis-rejecting

WdWv liberated jury (Death)

Final Classification:

Hypothesis-rejecting

Mitigating factors appear to outweigh the

aggravating factors; rape and murder are not

especially brutal.

LexisNexis

Academic:

298 N.C. 47; 257

S.E.2d 597;

1979 N.C.

LEXIS 1369

Star News (1977)

https://news.goog

le.com/newspape

rs?nid=1454&dat

=19771102&id=

NLksAAAAIBA

J&sjid=HhMEA

AAAIBAJ&pg=

6553,375840&hl

=en

d (Continued). Results of Qualitative Analysis: WdWv, Death Penalty, Liberated Jury (n=26).

163

Defendant

Name

(Race)

Victim

Name

(Race)

Sentence

County

(Region)

Elements Related to ECL

Classification/Reclassification

Process of Hypothesis Reclassification

Sources of Data

Johnson, Jr.,

Bobby

(White)

Phillips,

Donna

(White)

Death

First trial.

Judgment on

rape charge and

new sentencing

hearing ordered

on first degree

murder

conviction based

on improper

submission of

aggravating

circumstance.

Guilford

(Piedmont

Region)

2 aggravators accepted:

#5: Engaged in commission of rape

#9: Heinous, atrocious, or cruel

“He discovered approximately fifty-five separate stab

wounds on the torso, right arm, thigh, and back, with

thirty-eight of these being in the chest area, passing

from the left of the left breast to below the right

breast...One stab wound which passed completely

through the right hand was, in his opinion, a

defensive wound. He also found, among other

injuries, a recent bruise on the right eye, scratches,

and human bite marks on both the left thigh and the

left breast.” (LNA, 1985, p. 7)

“…sought Donna Phillips out and returned to pick her

up for the express purpose of raping her. Once Ms.

Phillips realized their intentions, her protestations

were met with hostility and physical violence…

Bruised and bleeding, she was dragged from the car,

her clothing was ripped from her body, and she was

stabbed in the arm. She was then thrown to the

ground and sexually assaulted by defendant as

Williams held her down. Defendant savagely bit her

on the left breast, leaving a clear wound. All the

while, Ms. Phillips was conscious, certainly in pain

and aware that she was engaged in a life-and-death

struggle, as she heard Williams urge defendant to

"[g]o ahead and kill her." Defensive wounds on her

hand indicated that she had attempted to fend off the

knife attack. Defendant ultimately inflicted fifty-five

stab wounds upon his victim, with perhaps fifteen to

twenty minutes elapsing between the time Ms. Phillips

was first stabbed in the car and the time she finally

died. (LNA, 1985, p. 27)

Hypothesis-rejecting

WdWv liberated jury (Death)

Hypothesis-non-supporting

Victim had a blood alcohol content of .15 and

left a bar with the defendant the night she died.

Final Classification:

Hypothesis-non-supporting

The victim was held down by a man while

sexually assaulted by the defendant and

stabbed 55 times before dying approximately

twenty minutes later.

LexisNexis

Academic:

317 N.C. 343;

346 S.E.2d 596;

1986 N.C.

LEXIS 2426

Table 11 Results of Qualitative Analysis: WdWv, Death Penalty, Liberated Jury (n=26).

164

Defendant

Name

(Race)

Victim

Name

(Race)

Sentence

County

(Region)

Elements Related to ECL

Classification/Reclassification

Process of Hypothesis Reclassification

Sources of Data

Kandies,

Jeffery

(White)

Osborne,

Natalie

(White)

Death

Randolph

(Piedmont

Region)

2 aggravators accepted:

#5: Engaged in commission of rape

#9: Heinous, atrocious, or cruel

Hypothesis-rejecting

WdWv liberated jury (Death)

Excluded from analysis

Victim was a 4 year old girl.

LexisNexis

Academic:

342 N.C. 419;

467 S.E.2d 67;

1996 N.C.

LEXIS 16

Payne, Randy

(White)

Weaver,

Kathleen

(White)

Death

First trial. New

trial ordered

because the trial

court

communicated

with the jurors

out of open court

and in the

absence of the

defendant,

counsel, or a

court reporter.

Davidson

(Piedmont

Region)

2 aggravators accepted:

#5: Engaged in commission of rape

#9: Heinous, atrocious, or cruel

“…the victim was killed with a hatchet and had been

penetrated vaginally shortly before death.” (LNA,

1987, p. 2)

“Weaver, a widow and grandmother of four, was

raped and bludgeoned to death with an ax at her

home.” (The Dispatch, 1995)

Hypothesis-rejecting

WdWv liberated jury (Death)

Hypothesis-rejecting

Defendant sniffed gasoline habitually since he

was seven or eight years old and had borderline

mental retardation and cognitive problems.

Only one aggravator accepted (commission of

rape). The HAC aggravator was not submitted

in the second or third trials.

Final Classification:

Hypothesis-non-supporting

No mitigating factors found, 16 hatchet

wounds, malice, premeditation and

deliberation, and felony murder.

LexisNexis

Academic:

320 N.C. 138;

357 S.E.2d 612;

1987 N.C.

LEXIS 2174

The Dispatch

(1995)

https://news.goog

le.com/newspape

rs?nid=1734&dat

=19950328&id=

v8EdAAAAIBA

J&sjid=A1MEA

AAAIBAJ&pg=

2813,2376212&h

l=en

d (Continued).

Defendant

Name

(Race)

Victim

Name

(Race)

Sentence

County

(Region)

Elements Related to ECL

Classification/Reclassification

Process of Hypothesis Reclassification

Sources of Data

Table 11d (Continued). Results of Qualitative Analysis: WdWv, Death Penalty, Liberated Jury (n=26).

165

Poindexter,

Ronald

(White)

Coltrane,

Wanda

(White)

Death

First trial. Court

ordered that

defendant receive

a new trial due to

juror misconduct

during the guilt-

innocence phase

(first trial)

Randolph

(Piedmont

Region)

2 aggravators accepted:

#5: Engaged in commission of rape

#9: Heinous, atrocious, or cruel

Hypothesis-rejecting

WdWv liberated jury (Death)

Final Classification:

Hypothesis-non-supporting

The victim, a long time neighbor of the

defendant, used cocaine she bought from the

defendant.

LexisNexis

Academic:

353 N.C. 440;

545 S.E.2d 414;

2001 N.C.

LEXIS 428

Steen,

Patrick

(White)

Frost,

Virginia

(White)

Death

Mecklenburg

(Piedmont

Region)

2 aggravators accepted:

#6: Offense was for pecuniary gain #9:

Heinous, atrocious, or cruel

“An autopsy performed on 1 March 1996 revealed

contusions over the bridge of the victim's nose,

around her left eye and over the left side of her cheek;

a laceration on the right side of her scalp; bruising

over her head, neck, left arm, shoulder, chest and

buttocks; and a broken tooth…areas of hemorrhage

around the brain, swelling and bruising of the brain,

sixteen separate fractures to ten different ribs, and

small tears in the inner lining of the chest…none of

the blows would have been immediately fatal, and that

Mrs. Frost would have survived for three to four

hours.” (LNA, 2000, p. 11)

Hypothesis-rejecting

WdWv liberated jury (Death)

Excluded from analysis

Rape charge was reduced to attempted rape;

jury found defendant not guilty of attempted

rape. No evidence of sexual offense.

LexisNexis

Academic:

352 N.C. 227;

536 S.E.2d 1;

2000 N.C.

LEXIS 530

Associated Press

& State Local

Wire (2001)

http://www.lexis

nexis.com.ezprox

y.lib.usf.edu/hott

opics/lnacademic

Defendant

Name

(Race)

Victim

Name

(Race)

Sentence

County

(Region)

Elements Related to ECL

Classification/Reclassification

Process of Hypothesis Reclassification

Sources of Data

Table 11 Results of Qualitative Analysis: WdWv, Death Penalty, Liberated Jury (n=26).

166

Moss, Bobby

(White)

Sanderson,

Pauline

(White)

Death

New trial ordered

on all charges

because trial

court erred in

conducting

private,

unrecorded bench

conferences with

prospective

jurors.

Duplin

(Eastern

Region)

2 aggravators accepted:

#3: Previous violent felony

#5: Engaged in commission of robbery

“The victim suffered a laceration near her left eye that

exposed a portion of her skull…a hairline fracture of

the victim's skull that was probably caused by a blunt

force injury…the victim was strangled to death. The

victim's thyroid cartilage or voice box was fractured,

which resulted in a large amount of internal bleeding.”

(LNA, 1992, p. 5)

No specific mention of rape but sperm was found in

the victim’s vagina and pubic hair found on the scene.

Hypothesis-rejecting

WdWv liberated jury (Death)

Final Classification:

Hypothesis-rejecting

A white male defendant murdered a white

female victim in a manner not especially

brutal.

LexisNexis

Academic:

332 N.C. 65; 418

S.E.2d 213;

1992 N.C.

LEXIS 369

Star News (1990)

https://news.goog

le.com/newspape

rs?nid=1454&dat

=19900126&id=

yUlOAAAAIBA

J&sjid=AhQEA

AAAIBAJ&pg=

6637,8753659&h

l=en

Roper, James

(White)

Rader,

Ned

(White)

Death

Burke

(Western

Region)

2 aggravators accepted:

#3: Previous violent felony

#11: Course of conduct (other crimes of violence

against another person or persons)

Hypothesis-rejecting

WdWv liberated jury (Death)

Excluded from analysis

The defendant murdered a male in order to rape

a female. The female rape victim was not

murdered.

LexisNexis

Academic:

328 N.C. 337;

402 S.E.2d 600;

1991 N.C.

LEXIS 251

Table 11d (Continued). Results of Qualitative Analysis: WdWv, Death Penalty, Liberated Jury (n=26).

167

Defendant

Name

(Race)

Victim

Name

(Race)

Sentence

County

(Region)

Elements Related to ECL

Classification/Reclassification

Process of Hypothesis Reclassification

Sources of Data

Billings, Archie

(White)

Jackson,

Amy

(White)

Death

Caswell

(Piedmont

Region)

3 aggravators accepted:

#5: Engaged in commission of robbery

#9: Heinous, atrocious, or cruel

#11: Course of conduct (other crimes of violence

against another person or persons)

Hypothesis-rejecting

WdWv liberated jury (Death)

Excluded from analysis

Victim was a twelve year old girl.

LexisNexis

Academic:

348 N.C. 169;

500 S.E.2d 423;

1998 N.C.

LEXIS 224

Haselden,

Jim

(White)

Sisk,

Kim

(White)

Death

Stokes

(Piedmont

Region)

3 aggravators accepted:

#3: Previous violent felony

#5: Engaged in commission of robbery

#9: Heinous, atrocious, or cruel

“Law enforcement officers responding to the scene

observed the body lying on its back. The body had

massive trauma to the left side of the face. The left

eye was dislodged. There were wounds to the right

cheek…Tooth or bone fragments were located just

beyond the body on the left side. Semen and sperm

were found in Kim's panties. The DNA profile

subsequently obtained from this evidence matched

defendant's DNA profile.” (LNA, 2003, p. 7)

“Defendant told Harper that he had made Kim get on

her knees. Defendant said that Kim had pleaded, "Jim

don't shoot me, Jim don't shoot me," four or five

times, and then defendant "blew her whole face off."

Defendant said that he went down the street but then

returned and shot Kim in the face again. Defendant

told Harper that this shot caused Kim's body to jump

off the ground.” (LNA, 2003, p. 8)

“Kim was attempting to overcome a drug addiction,

that Kim had recently rededicated her life to the L-rd,

and that Kim had reconciled with her husband and

renewed her wedding vows.” (LNA, 2003, p. 8)

Hypothesis-rejecting

WdWv liberated jury (Death)

Hypothesis-non-supporting

Victim was on her knees pleading for her life

when defendant shot her twice in the face with

a shotgun (at different time intervals).

Final Classification:

Hypothesis-non-supporting

Non-traditional white female victim: victim

was a recovering drug addict.

LexisNexis

Academic:

357 N.C. 1; 577

S.E.2d 594;

2003 N.C.

LEXIS 318

WFMY News

(2003)

http://archive.dig

triad.com/news/a

rticle/11067/0/Su

preme-

CourtUpholds-

StokesDeath-

Sentence

Table 11d (Continued). Results of Qualitative Analysis: WdWv, Death Penalty, Liberated Jury (n=26).

168

Defendant

Name

(Race)

Victim

Name

(Race)

Sentence

County

(Region)

Elements Related to ECL

Classification/Reclassification

Process of Hypothesis Reclassification

Sources of Data

Jackson,

Richard

(White)

Styles,

Karen

(White)

Death

New trial ordered

since inculpatory

statements made

to the detectives

should have been

excluded because

they were made

after the

defendant

invoked his right

to counsel.

Buncombe

(Western

Region)

3 aggravators accepted:

#5: Engaged in commission of rape

#5: Engaged in commission of kidnapping

#9: Heinous, atrocious, or cruel

“…her body was found nude from the waist down

and taped to a tree.” (LNA, 1998, p. 2)

"But I didn't mean to kill nobody. I didn't." He

continued crying, "I'm sorry; I didn't mean to kill her."

(LNA, 1998, p. 3)

Defendant was adopted son of prominent community

leader (country commissioner).

“Murder stole sense of security from outdoor lovers

in one of safest places to live.” (Mountain Xpress,

2000)

“Karen had a “powerful symbolic presence” in her

community.” (Mountain Xpress, 2000)

Hypothesis-rejecting

WdWv liberated jury (Death)

Final Classification:

Hypothesis-rejecting

The cause of death was a gunshot to the

victim’s head. The defendant suffered from

multiple psychiatric problems (ADD, bipolar

disorder, dissociative identify disorder,

borderline personality disorder, depression),

had nervous breakdown; discharged from the

Navy for mental illness; attempted suicides.

The circumstances of the crime were not

especially brutal.

LexisNexis

Academic:

348 N.C. 52; 497

S.E.2d 409;

1998 N.C.

LEXIS 152

Mountain Xpress

(2000)

https://mountainx

.com/opinion/032

9ready-php/

Freelance Star

(2003)

https://news.goog

le.com/newspape

rs?nid=1298&dat

=20030320&id=

ejEzAAAAIBAJ

&sjid=hAgGAA

AAIBAJ&pg=37

95,5052590&hl=

Citizen Times

(2014)

http://www.citize

n-times.

com/story/news/l

ocal/2014/12/23/

from-thearchives-

retrialin-karen-

styleskilling-

ordered/

20821597/

Table 11d (Continued). Results of Qualitative Analysis: WdWv, Death Penalty, Liberated Jury (n=26).

169

Defendant

Name

(Race)

Victim

Name

(Race)

Sentence

County

(Region)

Elements Related to ECL

Classification/Reclassification

Process of Hypothesis Reclassification

Sources of Data

Lee,

David

(White)

Gray,

Jennifer

(White)

Death

Avery

(Western

Region)

3 aggravators accepted:

#5: Engaged in commission of kidnapping

#9: Heinous, atrocious, or cruel

#11: Course of conduct (other crimes of violence

against another person or persons)

“The defendant admitted that he kidnapped and killed

Ms. Gray…The defendant stated that Ms. Gray had

died a slow and painful death. The defendant admitted

that he had beaten Ms. Gray with a large stick, kicked

her in the throat and then, standing on her back,

strangled her with her sweater. The defendant asked

Ms. Cooper if she wanted to die a fast or a slow

death. The defendant told Ms. Cooper that he would

not kill her until he had performed various sexual acts

with her or until the following morning. The

defendant also made a comparison between his sexual

assault against Ms. Gray and his rape of Ms. Cooper.”

(LNA, 1994, p. 20)

“Evidence that the defendant sodomized the victim

prior to killing her has the tendency to show that there

existed in this case dehumanizing aspects not

normally present in a first degree murder.” (LNA,

1994, p. 21)

“The photographs at issue depicted the victim's nude

body in an advanced stage of decomposition. The

photographs also purported to depict the manner in

which the victim was strangled and the injuries to her

head.” (LNA, 1994, p. 22)

“Likewise, the defendant's crime was one of cold

calculation wherein he repeatedly sought to abduct,

sexually assault, and then murder female Appalachian

State University students.” (LNA, 1994, p. 31)

Hypothesis-rejecting

WdWv liberated jury (Death)

Hypothesis-rejecting

Defendant's behavior underwent extreme

changes following a brain operation. Defendant

changed from being a polite, nonviolent,

considerate, and clean young man, before the

operation, to one who was unclean, lethargic,

unreliable, perverse and demanding after the

operation.

Final Classification:

Hypothesis-non-supporting

Victim was kidnapped at gun point, stripped

naked, driven to another location where she

was forced to walk or run to the place where

she was beaten on the head, kicked in the

throat and strangled by the defendant. The

defendant sodomized the victim. The defendant

said the victim died a slow and painful death.

This behavior of physical and psychological

torture was part of a pattern of abducting and

sexually assaulting college students.

LexisNexis

Academic:

335 N.C. 244;

439 S.E.2d 547;

1994 N.C.

LEXIS 18

Table 11d (Continued). Results of Qualitative Analysis: WdWv, Death Penalty, Liberated Jury (n=26).

170

Death Penalty, Liberated Jury (n=26).

Defendant

Name

(Race)

Victim

Name

(Race)

Sentence

County

(Region)

Elements Related to ECL

Classification/Reclassification

Process of Hypothesis Reclassification

Sources of Data

McDougall,

Michael

(White)

Parker,

Diane

(White)

Death

Mecklenburg

(Piedmont

Region)

3 aggravators accepted:

#3: Previous violent felony

#9: Heinous, atrocious, or cruel

#11: Course of conduct (other crimes of violence

against another person or persons)

“Diane had been stabbed some twenty-two times.

She also had other contusions about her body. Any

one of several of the stab wounds could have

caused her death. At least two of the stab wounds

entered her heart. Most of the wounds had been

inflicted while she was in a prone position. She

had cuts across the palm of her hand which a

doctor who testified characterized as defensive

type wounds. She had lost approximately half of

the volume of her blood. Several of the wounds

were from four to six inches deep.” (LNA, 1983, p.

“After voluntarily injecting cocaine, defendant

gained entry into the home of Diane Parker and

Vicki Dunno by cunning, guile and

misrepresentation. Once in their home, he

commenced a campaign of terror against the two

young women, cutting, stabbing and slashing them

with a butcher knife. There is strong evidence that

defendant killed Diane Parker while attempting to

rape her.” (LNA, 1983, p. 21)

Hypothesis-rejecting

WdWv liberated jury (Death)

Final Classification:

Hypothesis-non-supporting

Victim was stabbed approximately 22 times;

defendant attempted to murder a second

victim (stabbed 9 times).

LexisNexis Academic:

308 N.C. 1; 301

S.E.2d 308; 1983

N.C.

LEXIS 1131

The Times-News

(1991)

https://news.goog

le.com/newspape

rs?nid=1665&dat

=19910805&id= x-

0eAAAAIBAJ&

sjid=bCQEAAA

AIBAJ&pg=515

6,1045457&hl=e

NY Times (1991)

http://www.nyti

mes.com/1991/1

0/19/us/manconvicted-

in1979-slaying-isput-

to-death-

innorthcarolina.html

Table 11d (Continued). Results of Qualitative Analysis: WdWv,

171

Defendant

Name

(Race)

Victim

Name

(Race)

Sentence

County

(Region)

Elements Related to ECL

Classification/Reclassification

Process of Hypothesis Reclassification

Sources of Data

Moseley,

Carl

(White)

Henley,

Deborah

(White)

Death

Forsyth

(Piedmont

Region)

3 aggravators accepted:

#3: Previous violent felony

#5: Engaged in commission of rape

#9: Heinous, atrocious, or cruel

“The wounds on Ms. Henley's body revealed

that she had been savagely beaten, stabbed,

sexually assaulted with a blunt instrument, and

manually strangled.” (LNA, 1994, p. 5)

“The body of each victim had similar wounds. A

foreign object had been forced into the genitalia

of each woman.” (LNA, 1994, p. 6)

The signature in both the Stokes and Forsyth

murders was overkill. The murderer in each

case had inflicted far more injuries to the victim

than

were necessary to cause death.” (LNA, 1994, p.

“The evidence in this case showed that Deborah

Henley was sexually assaulted with a blunt

object, was beaten about the head, face, neck,

chest, and abdomen. It showed she was stabbed

twelve times and was tortured by means of two

long incisions on her chest and two more across

her neck. She was manually strangled. This

evidence shows the murder in this case was

characterized by excessive brutality, physical

pain, psychological suffering and dehumanizing

Hypothesis-rejecting

WdWv liberated jury (Death)

Final Classification:

Hypothesis-non-supporting

Two women murdered in a similar

manner after being abducted from the

same club approximately three months

apart. Victim was sexually assaulted

with foreign object, tortured, and

murdered in an especially brutal manner.

LexisNexis Academic:

336 N.C. 710; 445 S.E.2d 906;

1994 N.C.

LEXIS 420

Mount Airy

News (2010) http://www.lexis

nexis.com.ezprox

y.lib.usf.edu/hott

opics/lnacademic

Winston-Salem Journal (2012)

http://www.lexis

nexis.com.ezprox

y.lib.usf.edu/hott

opics/lnacademic

News & Record

(2015)

http://www.newsrecord.com/murde

r-trial-is-hissecond/article_063

76db0-519d-5fb0b985-

f7f470479cca.htm

Table 11d (Continued). Results of Qualitative Analysis: WdWv, Death Penalty, Liberated Jury (n=26).

172

aspects not normally found in a firstdegree

murder case.” (LNA, 1994, p. 8)

Death Penalty, Liberated Jury (n=26).

Defendant

Name

(Race)

Victim

Name

(Race)

Sentence

County

(Region)

Elements Related to ECL

Classification/Reclassification

Process of Hypothesis Reclassification

Sources of Data

Table 11d (Continued). Results of Qualitative Analysis: WdWv,

173

Rook,

John

(White)

Roche,

Ann

(White)

Death

Wake

(Piedmont

Region)

3 aggravators accepted:

#5: Engaged in commission of kidnapping

#5: Engaged in commission of rape

#9: Heinous, atrocious, or cruel

“…his opinion was that she could have remained

alive from a period of two hours up to a maximum

of twenty-four hours after receiving the injuries

observed.” (LNA, 1981, p. 8)

“…defendant choked the deceased, pushed her out

of the car, and ran over her several times.” (LNA,

1981, p. 18)

“Mr. Rook confessed three times to the authorities

that he raped, beat and slashed Ann Marie Roche,

25, then ran over her car in May 1980. He left her

to bleed to death in a field.” (NY Times, 1986).

“The record reveals that this defendant committed

the most brutal, vile and vicious crime against Ann

Marie Roche. Defendant beat Ms. Roche viciously

with a tire tool, repeatedly cut her with a knife,

ravaged her body in rape, ran over her battered

body with an automobile and left her to bleed to

death in a lonely field.” (LNA, 1981, p. 21)

Hypothesis-rejecting

WdWv liberated jury (Death)

Hypothesis-rejecting

Murder and additional crimes may have been

the products of defendant's mental and

emotional disturbance and his diminished

capacity to appreciate their criminality and

to conform his conduct to the requirements

of law. “If defendant's evidence is believed

the whole awful incident is, really,

attributable to the tragic personality defects

traceable to a depraved childhood of a

young, immature, mental defective spurred

on by the influence of alcohol and drugs.”

(LNA, 1981, p. 27)

Final Classification:

Hypothesis-non-supporting

Victim was a registered nurse, defendant was

a habitual Peeping Tom. Defendant inflicted

multiple severe injuries upon victim with

great care and effort. Multiple witnesses to

assault. The injuries and murder were

especially heinous, atrocious, and cruel.

LexisNexis Academic:

304 N.C. 201; 283

S.E.2d 732; 1981

N.C.

LEXIS 1340

NY Times (1986)

http://www.nyti

mes.com/1986/0

9/20/us/northcarolina-

killerexecuted-

afterappeal-fails.html

United Press

International (1986)

http://www.lexis

nexis.com.ezprox

y.lib.usf.edu/hott

opics/lnacademic

Defendant

Name

(Race)

Victim

Name

(Race)

Sentence

County

(Region)

Elements Related to ECL

Classification/Reclassification

Process of Hypothesis Reclassification

Sources of Data

Table 11d (Continued). Results of Qualitative Analysis: WdWv, Death Penalty, Liberated Jury (n=26).

174

Wilkinson,

Phillip

(White)

Hudson,

Chrystal

(White)

Hudson,

Judy

(White)

Hudson,

Larry

(White)

Death

Cumberland

(Eastern

Region)

3 aggravators accepted:

#5: Engaged in commission of burglary

#9: Heinous, atrocious, or cruel

#11: Course of conduct (other crimes of violence

against another person or persons)

“…the evidence failed to show that the victims

were alive at the time defendant committed the

acts constituting those crimes, where the

evidence showed that the sexual acts were

committed in conjunction with the murders of

the victims as part of a continuous chain of

events forming one continuous transaction.”

(LNA, 1996, p.5 )

“After he had killed Ms. Hudson, defendant

performed oral sex on her and then took a

lightbulb out of a lamp in the bedroom and used

it to vaginally penetrate her. Defendant stated

that he "just went back and forth between the

chicks," engaging in perverted sexual acts.”

(LNA, 1996, p. 8)

“After defendant killed Chrystal Hudson and

realized that she was dead, he began sexually

assaulting her.” (LNA, 1996, p. 16)

Hypothesis-rejecting

WdWv liberated jury (Death)

Hypothesis-supporting

Three victims were beaten to death,

including two children. Victims were

sexually assaulted with foreign objects in

a particularly brutal manner.

Excluded from analysis

Victims were most likely dead before the

sexual assaults occurred.

LexisNexis Academic:

344 N.C. 198; 474 S.E.2d

375; 1996 N.C.

LEXIS 490

FayObserver.co m (1992)

http://www.fayob

server.com/news/ local/gi-

chargedwithmurders/article_6

f7f480b-fdd355ca-

b2a1e5484b4e0407.ht

AP News

Archive (1992)

http://www.apne

wsarchive.com/1 992/Man-

Confesses-To-6-

Month-Old-

Triple-Murder-

Police-Say/id-

0b355a7a3e4205

ca24f9af4030859

98c

Death Penalty, Liberated Jury (n=26).

Defendant

Name

(Race)

Victim

Name

(Race)

Sentence

County

(Region)

Elements Related to ECL

Classification/Reclassification

Process of Hypothesis Reclassification

Sources of Data

Table 11d (Continued). Results of Qualitative Analysis: WdWv,

175

Sanderson,

Ricky

(White)

Holliman,

Sue

(White)

Death

Third trial. First

trial resulted in

new sentencing

order due to

McKoy error.

Second trial

resulted in new

trial due to

persistent

prosecutorial

misconduct.

Iredell

(Piedmont

Region)

Change of

venue from

Davidson.

3 aggravators accepted:

#4: Engaged in flight after committing felony

#5: Engaged in commission of rape

#5: Engaged in commission of kidnapping

“Suzi Holliman was scratching on the closed trunk

lid while her shallow grave was being dug, just

before she was raped and strangled.” (Herald

Journal, 1998)

“He took her to a farm…where he confessed he

raped, strangled and stabbed her. Sanderson then

buried her in a shallow grave, and Holliman’s body

was not discovered for another month. Sanderson

went on to rape two more women, stabbing one of

them 82 times.” (The Dispatch, 1998)

“The State's evidence also tended to show that the

sixteen-year-old victim was clearly subjected to

psychological terror prior to her death. Defendant

forcibly took her from her home, drove her around

in a car for over two hours, took her to a secluded

area, and raped her. He then placed her in the trunk

of a car while he dug a shallow grave, before he

strangled and stabbed her.” (LNA, 1997, p. 8)

Hypothesis-rejecting

WdWv liberated jury (Death)

Hypothesis-non-supporting

Psychological terror of 16 year old victim, who

was locked in a trunk while a shallow grave

was being dug. Raped two other women (not

directly related to current crime).

Final Classification:

Hypothesis-rejecting

Defendant was on drugs and had years of drug

abuse, was abused at home, saw his sister get

raped, his brother beaten, had no food or

clothing. At defendant's first capital sentencing

proceeding, the trial court excluded portions of

defendant's confession where he confessed to

raping the victim. Rape was not submitted for

jury consideration as an aggravating

circumstance at that capital sentencing

proceeding. At defendant's second capital

sentencing proceeding, the prosecutor stated

that he had no evidence of rape and would not

refer to any alleged rape or seek to use it as an

aggravating circumstance. While the

defendant inflicted psychological terror upon

the victim, the physical act of the murder itself

was not especially brutal.

LexisNexis

Academic:

346 N.C. 669;

488 S.E.2d 133;

1997 N.C.

LEXIS 491

Herald Journal

(1998)

https://news.goog

le.com/newspape

rs?nid=1876&dat

=19980126&id=

QSofAAAAIBA

J&sjid=p88EAA

AAIBAJ&pg=69

03,5781522&hl=

The Dispatch

(1998)

https://news.goog

le.com/newspape

rs?nid=1734&dat

=19980130&id=

ThMeAAAAIBA

J&sjid=ylIEAAA

AIBAJ&pg=259

6,2268076&hl=e

WRAL.com

(1998)

http://www.wral.

com/news/local/s

tory/123265/

Table 11d (Continued). Results of Qualitative Analysis: WdWv,

176

Death Penalty, Liberated Jury (n=26).

Defendant

Name

(Race)

Victim

Name

(Race)

Sentence

County

(Region)

Elements Related to ECL

Classification/Reclassification

Process of Hypothesis Reclassification

Sources of Data

Trull,

Gary

(White)

Dixon,

Vanessa

(White)

Death

Randolph

(Piedmont

Region)

3 aggravators accepted:

#3: Previous violent felony

#5: Engaged in commission of rape

#5: Engaged in commission of kidnapping

“An autopsy revealed that the victim's death was the

result of three neck wounds which severed the left

carotid artery. The wounds were consistent with

someone slicing the victim's neck from behind with

a knife held in the left hand.” (LNA, 1998, p. 9)

“Defendant argues that the photographs are gory

and gruesome and show the victim's body in an

advanced state of decomposition with maggot

infestation.” (LNA, 1998, p. 12)

“The church’s prison ministry saw Trull regularly

and supported his early release before the Parole

Commission.” (News & Record, 1996)

Hypothesis-rejecting

WdWv liberated jury (Death)

Hypothesis-non-supporting

Defendant took the victim to the woods, tied

her to a tree, raped her, stabbed her she was

tied to the tree, and later returned to the

victim's apartment where he feigned

ignorance and attempted to destroy evidence.

Prior rape conviction.

Final Classification

Hypothesis-rejecting

The rape and/or murder involved in this case

are not especially brutal.

LexisNexis

Academic:

349 N.C. 428; 509

S.E.2d 178; 1998

N.C.

LEXIS 852

News & Record

(1996)

http://www.news

record.com/parol

ed-man-foundguilty-

ofmurder/article_7

6720529-e18555a0-

aa4ff0427984ce20.ht

criminal circumstances were not especially brutal. The revised hypothesis did not undergo any

further modifications resulting from the analysis of these trials.

For all BdWv trials with non-liberated juries that recommended a death sentence (n=8), 1

supported the hypothesis, 0 rejected the hypothesis, 5 failed to support the hypothesis, and 2

were excluded (see Table 11e). Observed themes within these trials that failed to support the

hypothesis are related to: multiple murders, rapes, felonies, and offenders, respectively; repeated

rapes; elderly victims; and trial circumstances perceived to be especially brutal. Juries

considering these factors would likely recommend a sentence of death regardless of the race of

the defendant. One trial originally classified as hypothesis-non-supporting showed support for

the hypothesis following the qualitative analysis due to the fact that despite the acceptance of

four aggravating factors, including the HAC aggravator, the trial involved weak evidence and the

circumstances of the murder in this trial did not seem as brutal as many of the other trials

reviewed. The implication of this reclassification is examined in further detail in the next

section. The revised hypothesis did not undergo any further modifications resulting from the

analysis of these trials.

For all WdWv trials with non-liberated juries that recommended a death sentence (n=6), 0

supported the hypothesis, 1 rejected the hypothesis, 5 failed to support the hypothesis, and 0

were excluded (see Table 11f). Observed themes within these trials that failed to support the

hypothesis are related to: multiple victims and/or felonies; previous rapes and/or a violent

criminal history; and trial circumstances perceived to be especially brutal. Juries considering

these factors would likely recommend a sentence of death regardless of the race of the defendant.

One trial was automatically reclassified as hypothesis-non-supporting because it involved a

nontraditional White female victim (e.g., discredited for drug use). In addition, one trial rejected

the

157

179

Table 11e. Results of Qualitative Analysis: BdWv, Death Penalty, Non-Liberated Jury (n=8).

Defendant

Name

(Race)

Victim

Name

(Race)

Sentence

County

(Region)

Elements Related to ECL

Classification/Reclassification

Process of Hypothesis Reclassification

Sources of Data

Table 11e (Continued). Results of Qualitative Analysis: BdWv, Death Penalty, Non-Liberated Jury

180

Forte,

Linwood

(Black)

Bowen,

Thelma

(White)

Bowen,

Alvin

(White)

Bonner,

Hattie

(Black)

Jones,

Eliza

[sexually

assaulted

but not

murdered]

Death

Wayne

(Eastern

Region)

4 aggravators accepted:

#5: Engaged in commission of burglary

#5: Engaged in commission of arson

#9: Heinous, atrocious, or cruel

#11: Course of conduct (other crimes of violence

against another person or persons)

“He was struck and struck and struck with that

knife in the bed, barely able to get his hands up to

defend himself. Where did this blind lady go?...She

went after Linwood Forte to try to save her

husband, to try to save him from the knife plunging

into his body. She was blind, elderly. She's aware

of what is going on to her husband...She can hear

muffled screams with the pillow put over his face.

She knows something horrible is going on. She's

fully aware of impending doom that was going to

be suffered by her husband and she's got to be

aware of what is coming for her.” (LNA, 2006, p.

11)

“When I saw family members jumping up, looking

gleeful, I couldn’t help wondering what kind of

values we have. I don’t think it’s a racial issue. I

think it’s a question of values.” (The Times-News,

1993)

Hypothesis-non-supporting

BdWv non-liberated jury (Death)

Final Classification:

Hypothesis-non-supporting

Three counts of first-degree murder, three counts

of first-degree rape, three counts of firstdegree

burglary, attempted first-degree murder, assault

with a deadly weapon with intent to kill

inflicting serious injury, first-degree arson, and

burning of personal property. Four aggravating

circumstances accepted. Victims were elderly.

Murders were especially brutal.

LexisNexis

Academic:

360 N.C. 427;

629 S.E.2d 137;

2006 N.C.

LEXIS 45

The Associated

Press State

& Local Wire

(2003)

http://www.lexis

nexis.com.ezprox

y.lib.usf.edu/hott

opics/lnacademic

WRAL Local

News (2003)

http://www.wral.

com/news/local/s

tory/107074/

(n=8).

Table 11e (Continued). Results of Qualitative Analysis: BdWv, Death Penalty, Non-Liberated Jury

181

Defendant

Name

(Race)

Victim

Name

(Race)

Sentence

County

(Region)

Elements Related to ECL

Classification/Reclassification

Process of Hypothesis Reclassification

Sources of Data

Montgomery,

Rodney

(Black)

Piccolo,

Kimberly

(White)

Death

Defendant received

a new trial due to

the trial court’s

improper

instructions on

reasonable doubt.

Mecklenburg

(Piedmont

Region)

4 aggravators accepted:

#2: The defendant had been previously convicted

of another capital felony

#5: Engaged in commission of another felony

#6: Offense was for pecuniary gain

#9: Heinous, atrocious, or cruel

“Piccolo had received nine stab wounds that were

clustered in her chest, arm, back, and abdomen and

several defensive wounds on her hands. One stab

wound went completely through her right hand.

The cause of death was loss of blood.” (LNA,

1992, p. 4)

“The evidence presented by the State tending to

show the defendant's guilt, while strong, was

circumstantial. The defendant's evidence tended to

show an alibi. There was neither a confession by

the defendant nor a witness to the murder. Based

on this evidence, we conclude that the State has

failed to show that the constitutional error in this

case was harmless beyond a reasonable doubt.

Therefore, under the binding authority of the Cage

decision, this Court is required to hold that the

defendant is entitled to a new trial on the charges

against him.” (LNA, 1992, p. 8)

Hypothesis-non-supporting

BdWv non-liberated jury (Death)

Final Classification:

Hypothesis-supporting

Strong but circumstantial evidence; defendant

had an alibi; no witnesses; attempted rape.

Despite the acceptance of 4 aggravators, the

murder in this trial does not seem as brutal as

many of the other trials reviewed. For example,

Johnson Jr. (1986) involved a white defendant

who sexually assaulted and stabbed a White

female victim 55 times but received a life

sentence. Another example involves a trial

(Beach, 1993) that involved multiple sexual

assaults and murders of White elderly widows

in which the jury accepted 3 aggravating factors

yet still sentenced the White defendant to life.

Further, the jury in Montgomery’s second trial

did not accept the HAC aggravator and

sentenced the defendant to life.

LexisNexis

Academic:

331 N.C. 559;

417 S.E.2d 742

1992 N.C. Lexis

412

The Times-News

(1993)

https://news.goog

le.com/newspape

rs?nid=1665&dat

=19931211&id=

wsiAAAAIBAJ&s

jid=PCUEAAAA

IBAJ&pg=5654,

3127298&hl=en

(n=8).

Table 11e (Continued). Results of Qualitative Analysis: BdWv, Death Penalty, Non-Liberated Jury

182

Defendant

Name

(Race)

Victim

Name

(Race)

Sentence

County

(Region)

Elements Related to ECL

Classification/Reclassification

Process of Hypothesis Reclassification

Sources of Data

Williams,

Douglas

(Black)

Dawson,

Adah

(White)

Death

New trial ordered

based on McKoy

error.

Edgecombe

(Eastern

Region)

4 aggravators accepted:

#5: Engaged in commission of burglary

#5: Engaged in commission of rape

#6: Offense was for pecuniary gain

#9: Heinous, atrocious, or cruel

“…he found numerous lacerations to the skin of

the neck, face, scalp, ear, arms, vagina and

rectum together with fractures of the face, skull,

pubic bones and hip bone.” (LNA, 1983, p. 8)

“During the defendant's confession, he stated

that, while the one hundred year old victim was

lying helpless on the floor, he forced a mop

handle into her vagina. The forensic pathologist

testified that this act was done with such force

that the cavity of the vagina was torn with the

tear extending through and into the rectum and

continuing two and one-half inches into the

sacrum bones.” (LNA, 1983, p. 13)

“tortured the victim…took her property and left

her to die in a pool of her own blood.” (LNA,

1983, p. 20)

Hypothesis-non-supporting

BdWv non-liberated jury (Death)

Final Classification:

Hypothesis-non-supporting

Victim was approximately 100 years old,

was beaten with two heavy metal clock

weights and was sexually assaulted with

a mop handle. This was a “vicious and

prolonged murderous assault resulting in

a defenseless victim's death which was so

brutal and so utterly senseless.” (LNA,

1983, p. 20)

LexisNexis Academic:

308 N.C. 47; 301 S.E.2d 335;

1983 N.C.

LEXIS 1130

Washington

Associated Press

(1992) http://www.apne

wsarchive.com/1

992/CourtRefuses-ToReinstate-

Death-

Sentence-OfNorth-

CarolinaMan/idd6ca0bab2ab2cd

b24ffadbddca5cd

650

Table 11e (Continued). Results of Qualitative Analysis: BdWv, Death Penalty, Non-Liberated Jury

183

Table 11e (Continued). Results of Qualitative Analysis: BdWv, Death Penalty, Non-Liberated Jury (n=8).

184

Defendant

Name

(Race)

Victim

Name

(Race)

Sentence

County

(Region)

Elements Related to ECL

Classification/Reclassification

Process of Hypothesis Reclassification

Sources of Data

Gregory,

Warren

(Black)

Hartwig,

Bobbie

(White)

Parrish,

Bernadine

(White)

Death

Pitt

(Eastern

Region)

5 aggravators accepted:

#4: Committed for purpose of avoiding lawful

arrest

#5: Engaged in commission of rape

#5: Engaged in commission of kidnapping

#9: Heinous, atrocious, or cruel

#11: Course of conduct (other crimes of violence

against another person or persons)

“Three people walking on the highway, one shot

down like a dog in the ditch, the other two ladies

forced in the car, driven a distance, the car

running in a ditch, ladies forced to try to help

move the car. Those aldies as you heard

evidence about crying, hysterical, worried about

one of them’s (sic) mother and what effect

shooting or potential shooting of the brother

would have on her mother because of her

mother’s heart condition. Two women giving

their bodies, raped, and raped. And then

…murdered in a most vile way…Bernadine

Parrish, strangled in the fashion that you heard.

Ah, after being raped, she passed out, becomes

conscious again, sits up, strangled again to the

point that…she looses (sic) control of her bodily

functions and [is] thrown in a ditch. Bobbie Jean

Hartwig, raped and raped, strangled, thrown in a

ditch, regains consciousness, screaming in the

ditch after being strangled and then blown away

in the chest with a shotgun…I don’t believe any

of us are capable of imagining the pure horror

that was going on.” (LNA, 1995, p. 35)

Hypothesis-non-supporting

BdWv non-liberated jury (Death)

Final Classification:

Hypothesis-non-supporting

Multiple men repeatedly raped two female

victims before murdering them in a horrific

manner; attempted murder of third male

victim.

LexisNexis Academic:

340 N.C. 365;

459 S.E.2d 638

1995 N.C. Lexis

366

News & Record

(1991)

http://www.news

record.com/mari nes-

charged-

ingriftonkillings/article_8

fa812dd-f30158e6-

9493976d305aa183.ht

Star News Online

(2006) http://www.starn

ewsonline.com/ar

ticle/20060709/N

EWS/607090394

Table 11 dWv, Death Penalty, Non-Liberated Jury (n=8).

185

Lemons,

Edward

(Black)

Strickland,

Margaret

(White)

Stroud,

Bobby

Death

Wayne

(Eastern

Region)

5 aggravators accepted:

#4: Committed for purpose of avoiding lawful

arrest

#5: Engaged in commission of kidnapping

#5: Engaged in commission of robbery with

a firearm

#9: Heinous, atrocious, or cruel

#11: Course of conduct (other crimes of violence

against another person or persons)

Hypothesis-non-supporting

BdWv non-liberated jury (Death)

Excluded from analysis:

There was no sexual assault involved in the

murder for the purposes of the current study.

The victim was forced to strip naked and

was searched for money and drugs before

being shot to death.

LexisNexis Academic:

348 N.C. 335; 501

S.E.2d 309; 1998 N.C.

LEXIS 326

. Results of Qualitative Analysis: B

Defendant

Name

(Race)

Victim

Name

(Race)

Sentence

County

(Region)

Elements Related to ECL

Classification/Reclassification

Process of Hypothesis Reclassification

Sources of Data

Table 11e (Continued) dWv, Death Penalty, Non-Liberated Jury (n=8).  
186  
  
 Rogers,  
Lionel  
(Black)  
Sechler, 
Hazel  
 (White)  
  
  
Death  
Death sentence 
vacated and case  
remanded for new 
capital sentencing 
proceeding due to 
prosecutor’s  
improper cross- 
examination of  
defendant’s 
expert and closing  
argument.  
  
Halifax  
(Eastern  
Region)  
5 aggravators accepted:  
#3: Previous violent felony  
#3: Previous violent felony  
#5: Engaged in commission of rape  
#5: Engaged in commission of burglary  
#9:  Heinous, atrocious, or cruel  
  
“Lieutenant Harris found the victim lying on 
her bed, bleeding from injuries to her throat and 
hands. Her neck had been sliced so deeply that 
she was breathing through the wound in her 
trachea.” (LNA, 2002, p. 9)  
  
“You tell us through your verdicts, ladies and 
gentlemen, you tell us that we can have folks 
roaming our streets who cut and hack and slash 
and murder and abuse and sexually assault 
eightyeight year old citizens of this county.” 
(LNA,  
2002, p. 23)  
  
“When I saw her on the (hospital) bed, she 
appeared to be half-decapitated, and I 
immediately walked out.” (The Daily Herald, 
2000)  
  
“Several jurors averted their eyes for brief 
moments as the graphically detailed photos 
plainly showed the elderly woman, fully 
conscious and looking at the camera with a 
gaping, bloody wound in her neck.” (The Daily 
Herald, 2000)   
  
“We could not give her any medication to make 
sure she was not in pain, because we had no 
time.” (The Daily Herald, 2000).  
  
“…intent to sexually assault Sechler by 
slashing her throat from ear-to ear and she 
sustained defensive wounds on both her hands 
and that the murder was especially heinous, 
atrocious or cruel.” (The Daily Herald, 2004)   
Hypothesis-non-supporting   
BdWv non-liberated jury (Death)  
  
Final Classification:   
Hypothesis-non-supporting   
The victim was 88 years old and the 
murder was especially heinous, atrocious, 
and cruel.  
  
LexisNexis Academic:  
355 N.C. 420;  
562 S.E.2d 859  
2002 N.C. Lexis  
429  
  
The Daily Herald  
(2000) http://www.rrdail 
yherald.com/mist rial-
nearlydeclared-onsecond-day-
ofrogers-
murdertrial/article_f3fb4 a6d-
2935-5b7ba6f8-8753d  
cda14b5.html   
  
The Daily Herald  
(2003) http://www.rrdail 
yherald.com/roge rs-found-
guiltyof-murder-andrape-of-
sechler/ article_81ccb02d -
639b-570da4b5-17bc6 
735d34f.html    
  
The Daily Herald  
(2004) http://www.rrdail 
yherald.com/new s/rogers-
getslife-
inresentencinghearing/article_ef 
b43a5f-1dce-50 63-8a3e-0b19  
9d957496.html   
e (Continued). Results of Qualitative Analysis: B 

Table 11 dWv, Death Penalty, Non-Liberated Jury (n=8).

187

Defendant

Name

(Race)

Victim

Name

(Race)

Sentence

County

(Region)

Elements Related to ECL

Classification/Reclassification

Process of Hypothesis Reclassification

Sources of Data

Smith, Jamie

(Black)

Cotton,

David

(White)

Death

Buncombe

(Western

Region)

5 aggravators accepted:

#3: Previous violent felony

#4: Committed for purpose of avoiding lawful

arrest

#5: Engaged in commission of arson

#10: Great risk of death to more than one person

#11: Course of conduct (other crimes of violence

against another person or persons)

Hypothesis-non-supporting

BdWv non-liberated jury (Death)

Excluded from analysis

There was no rape or sexual assault involved

in this case. The murder victim was male.

The defendant was convicted and sentenced

to death in a separate trial involving the rape

and murder of a female victim.

LexisNexis Academic:

347 N.C. 453; 496

S.E.2d 357; 1998 N.C.

LEXIS 12

Smith, Jamie

(Black)

Froemke,

Kellie

(White)

Death

Buncombe

(Western

Region)

9 aggravators accepted:

#2: The defendant had been previously convicted

of another capital felony

#3: Previous violent felony (murder)

#5: Engaged in commission of rape

#5: Engaged in commission of burglary

#5: Engaged in commission of robbery

#5: Engaged in commission of arson

#9: Heinous, atrocious, or cruel

#11: Course of conduct (other crimes of violence

against another person or persons)

Hypothesis-non-supporting

BdWv non-liberated jury (Death)

Final Classification:

Hypothesis-non-supporting

9 aggravators accepted; two murders, a rape,

and two arsons; extremely heinous,

atrocious, and cruel.

LexisNexis Academic:

352 N.C. 531;

532 S.E.2d 773

2000 N.C. Lexis

617

Mountain Xpress

(2000) https://mountain

x.com/news/com

munitynews/0517conkli

n-php/

Table 11

188

f. Results of Qualitative Analysis: WdWv, Death Penalty, Non-liberated Jury (n=6).

Defendant

Name

(Race)

Victim

Name

(Race)

Sentence

County

(Region)

Elements Related to ECL

Classification/Reclassification

Process of Hypothesis Reclassification

Sources of Data

Table 11 : WdWv, Death Penalty, Non-liberated Jury (n=6).

189

Campbell,

James

(White)

Price,

Katherine

(White)

Death

Rowan

(Piedmont

Region)

4 aggravators accepted:

#3: Previous violent felony

#4: Murder was committed for purposes

of avoiding or preventing lawful arrest #5:

Engaged in commission of felony

#9: Heinous, atrocious, or cruel

“Price had a combination of fifteen stab wounds

and seven incised wounds to her neck; each was

one-half to one-and-a-half inches deep. In addition,

she had two wounds to her face, her left and right

carotid arteries were cut, and one arterial stab had

penetrated to her spine and caused profuse

bleeding.” (LNA, 1995, p. 8)

“He took his knife and stabbed her throat. He

stated, "I sat and watched the blood come out of

her throat and she was still moaning and groaning."

He stabbed her many more times because he

wanted her to die, which she did.”

(LNA, 1995, p. 9)

“The court said Campbell strangled his victim

‘with such strength that one of his thumbs went

numb.’” (Associated Press & State Local Wire,

1996)

“Defendant spoke with Thomas about buying a

shotgun for protection during a marijuana

purchase. Thomas rolled a joint of marijuana, and

the group smoked it.” (LNA, 1995, p. 8)

“Price told defendant she had a joint for him and

asked if he would like to smoke it. They smoked

and talked for about thirty minutes. Defendant

asked Price if he could kiss her, and she nodded

"yes." They then decided to spend the day together

and drove out to the Mill Bridge area. Defendant

Hypothesis-non-supporting

WdWv Non-liberated jury (Death)

Final Classification

Hypothesis-non-supporting

Victim discredited (smoked marijuana with

defendant prior to death)

LexisNexis

Academic:

340 N.C. 612;

460 S.E.2d 144;

1995 N.C. LEXIS

363

Associated Press

& State Local

Wire (1996)

http://www.lexisn

exis.com.ezproxy.

lib.usf.edu/hottop

ics/lnacademic/

Table 11f (Continued). : WdWv, Death Penalty, Non-liberated Jury (n=6).

190

testified that they had consensual sex there.”

(LNA, 1995, p. 10)

f (Continued). Results of Qualitative Analysis

Table 11 : WdWv, Death Penalty, Non-liberated Jury (n=6).

191

Defendant

Name

(Race)

Victim

Name

(Race)

Sentence

County

(Region)

Elements Related to ECL

Classification/Reclassification

Process of Hypothesis Reclassification

Sources of Data

Hill,

Jerry

(White)

Godwin,

Angie

(White)

Death

Harnett

(Eastern

Region)

4 aggravators accepted:

#3: Previous violent felony

#4: Engaged in flight after committing rape #5:

Engaged in commission of rape/sexual

offense/arson

#9: Heinous, atrocious, or cruel

“…leaves and pine straw had been raked up, piled

around her body, and set on fire. The victim was

lying on her back, nude, with her panties lying on

her chest.” (LNA, 1997, p. 5)

“Chief Johnson further stated that ‘it was one of

the most horrible things [he] had ever seen.’”

(LNA, 1997, p. 5)

“Dr. Butts noted that there was a considerable

degree of burning on her body. He stated that the

victim had four gunshot wounds to the head and

scratches consistent with drag marks on the back

of her body.” (LNA, 1997, p. 5)

“After shooting the victim in the head several

times, defendant set the victim's body on fire in an

attempt to cover up the crime and insure the

victim's death.” (LNA, 1997, p. 17)

“Finally, the sexual assault of the sixteen-year-old

victim as well as the mutilation of her body render

this murder particularly dehumanizing.” (LNA,

1997, p. 17)

“’She was a really friendly girl,’ he said. ‘She got

along with everybody.’” (The Dispatch, 1994)

Hypothesis-non-supporting

WdWv Non-liberated jury (Death)

Hypothesis-rejecting

Defendant was 18 and his 16 year old brother

was an accessory to the murder.

Final Classification:

Hypothesis-non-supporting

Victim was 16 years old, raped, shot in the

head multiple times and point blank range, and

her body was set on fire. The sexual assault

and murder were particularly heinous,

atrocious, and cruel.

LexisNexis

Academic:

347 N.C. 275;

493 S.E.2d 264;

1997 N.C.

LEXIS 741

The Dispatch

(1994)

https://news.goog

le.com/newspape

rs?nid=1734&dat

=19940222&id=

PO4bAAAAIBA

J&sjid=9VIEAA

AAIBAJ&pg=67

92,3969050&hl=

Star News (1996)

https://news.goog

le.com/newspape

rs?nid=1454&dat

=19951102&id=

NrxOAAAAIBA

J&sjid=fRUEAA

AAIBAJ&pg=37

73,656114&hl=e

Table 11f (Continued). : WdWv, Death Penalty, Non-liberated Jury (n=6).

192

Results of Qualitative Analysis

Defendant

Name

(Race)

Victim

Name

(Race)

Sentence

County

(Region)

Elements Related to ECL

Classification/Reclassification

Process of Hypothesis Reclassification

Sources of Data

Hyatt,

Terry

(White)

McConnell,

Betty

(White)

Simmons,

Harriett

(White)

Death

Buncombe

(Western

Region)

4 aggravators accepted:

#5: Engaged in commission of kidnapping

#5: Engaged in commission of robbery

#5: Engaged in commission of rape

#11: Course of conduct (other crimes of violence

against another person or persons)

“When she was discovered by the Helmses,

McConnell's body was soaking wet, her chest was

covered with blood, her skin was very white, and

she was gasping for air.” (LNA, 2002, p. 7)

“…both victims were females traveling alone on

public roads; both victims were taken to isolated

areas of Buncombe County; both were robbed,

raped, and killed by stabbing in the left chest area;

and both victims were abandoned in isolated

areas.” (LNA, 2002, p. 12)

“Ms Simmons, 40, had moved to North Carolina

from Detroit several years before her death to rear

her [7] younger children in what seemed a safer

place.” (Star News, 2000)

“McConnell was stabbed four times in the

chest…and thrown in a river.” (Associated Press

State & Local Wire, 2000)

Hypothesis-non-supporting

WdWv Non-liberated jury (Death)

Final Classification

Hypothesis-non-supporting

Defendant had kidnapped a woman from a rest

area twenty years previously, whom he also

murdered. Defendant kidnapped, assaulted,

and robbed a third victim. Case involved

multiple felonies and was committed with

premeditation and deliberation.

LexisNexis

Academic:

355 N.C. 642;

566 S.E.2d 61;

2002 N.C.

LEXIS 676

Star News (2000)

https://news.goog

le.com/newspape

rs?nid=1454&dat

=20000113&id=3

SpPAAAAIBAJ

&sjid=-

B8EAAAAIBAJ

&pg=2999,53473

97&hl=en

Associated Press

State &Local

Wire (2000)

http://www.lexisn

exis.com.ezproxy

.lib.usf.edu/hotto

pics/lnacademic/

WFMY News

(2005)

http://archive.digt

riad.com/news/art

icle/46345/204/C

harlotte-

ColdCase-Squad-

Table 11 : WdWv, Death Penalty, Non-liberated Jury (n=6).

193

Gets-

FirstConviction

Table 11f (Continued). : WdWv, Death Penalty, Non-liberated Jury (n=6).

194

Results of Qualitative Analysis

Defendant

Name

(Race)

Victim

Name

(Race)

Sentence

County

(Region)

Elements Related to ECL

Classification/Reclassification

Process of Hypothesis Reclassification

Sources of Data

Bishop,

Steven

(White)

Schiffman,

Nan

(White)

Death

Guilford

(Piedmont

Region)

4 aggravators accepted:

#3: Previous violent felony

#4: Engaged in flight after committing rape

#5: Engaged in commission of kidnapping

#6: Offense was for pecuniary gain

“Schiffman was robbed, sexually assaulted, shot

and then dumped into a septic tank pit at an

abandoned farm…” (Associated Press & State

Local Wire, 1998)

“…urged the jury to impose the death penalty upon

defendant as a result of Schiffman's good qualities

by attempting to play upon the jury's sympathy for

Schiffman and by referring to what Schiffman

could have accomplished had she lived.” (LNA,

1996, p. 21)

Hypothesis-non-supporting

WdWv Non-liberated jury (Death)

Final Classification:

Hypothesis-rejecting

Second offender involved; victim returned

home as it was being burglarized and was

subsequently raped and murdered. Cause of

death was a gunshot wound. Circumstances of

the crime were not especially brutal.

LexisNexis

Academic:

343 N.C. 518;

472 S.E.2d 842;

1996 N.C. LEXIS

412

Associated State

Press & Local Wire

(1998)

http://www.lexisne

xis.com.ezproxy.li

b.usf.edu/hottopics

/lnacademic/

Associated State

Press & Local Wire

(2000)

http://www.lexisne

xis.com.ezproxy.li

b.usf.edu/hottopics

/lnacademic/

Herald Journal

(1999)

https://news.googl

e.com/newspapers

?nid=1876&dat=1

9990610&id=MEI

fAAAAIBAJ&sjid

=yc8EAAAAIBAJ

&pg=4539,339687

5&hl=en

Table 11f (Continued). : WdWv, Death Penalty, Non-liberated Jury (n=6).

195

Results of Qualitative Analysis

Defendant

Name

(Race)

Victim

Name

(Race)

Sentence

County

(Region)

Elements Related to ECL

Classification/Reclassification

Process of Hypothesis Reclassification

Sources of Data

Table 11f (Continued). : WdWv, Death Penalty, Non-liberated Jury (n=6).

196

Grooms,

Timmy

(White)

Godwin,

Krista

(White)

Death

Scotland

(Eastern

Region)

5 aggravators accepted:

#3: Previous violent felony

#5: Engaged in commission of rape

#5: Engaged in commission of kidnapping

#6: Offense was for pecuniary gain

#9: Heinous, atrocious, or cruel

“…total of twelve stab wounds on Godwin's body,

all of which were inflicted by the same instrument,

possibly a pocketknife. One stab wound perforated

Godwin's aorta and would have caused Godwin's

death within minutes; however, several other

wounds that penetrated Godwin's chest cavity were

potentially fatal…numerous linear scratches and

scrapes on Godwin's backscrapes and extensive

bruising around the eyes and nose resulting from

blunt-force trauma inflicted while Godwin was still

alive. Internal bleeding and hemorrhaging in the

tissues of the neck indicated that Godwin had been

choked before she was stabbed. Vaginal smears

revealed the presence of intact sperm. Godwin's

right hand had been sawed off at the forearm; and

Godwin's left hand had been partially sawed off,

then the bone had been forcibly broken or

snapped.” (LNA, 2000, p. 12)

“Likewise, the prosecutor's comment that defendant

"stalked the innocent, some of them children," was

connected to the evidence which showed that

defendant had committed acts of sexual violence

against three young girls. The State's evidence

tended to show that defendant raped Judy Caulder

when she was eleven years old, Amber Smith when

she was sixteen or seventeen years old, and

Elizabeth Johnson when she was twelve or thirteen

years old.” (LNA, 2000, p. 23)

“She had been stabbed 12 times and both hands had

been severed.” ( The Laurinburg Exchange,

2011)

“He has convictions dating back to 1979, including

first-degree rape in 1980.” (Civitas Media, 2014)

Hypothesis-non-supporting

WdWv Non-liberated jury (Death)

Final Classification:

Hypothesis-non-supporting

The defendant choked, beat, raped, mutilated,

and stabbed the victim. The defendant had

previously raped three young girls and had an

extensive prior criminal history. The defendant

sawed off the victim’s hands with a hacksaw.

LexisNexis

Academic:

353 N.C. 50;

540 S.E.2d 713;

2000 N.C. LEXIS

895

The Laurinburg

Exchange (2011)

http://www.lexisne

xis.com.ezproxy.li

b.usf.edu/hottopics

/lnacademic/

Civitas Media

(2014)

http://luweb.htl.dc.

publicus.com/news

/news/4512257/Ca

se-could-

affectLaurel-

Hillwomans-killer

Table 11f (Continued). : WdWv, Death Penalty, Non-liberated Jury (n=6).

197

Results of Qualitative Analysis

Defendant

Name

(Race)

Victim

Name

(Race)

Sentence

County

(Region)

Elements Related to ECL

Classification/Reclassification

Process of Hypothesis Reclassification

Sources of Data

Moseley,

Carl

(White)

Johnson,

Dorothy

(White)

Death

Stokes

(Piedmont

Region)

6 aggravators accepted:

#2: The defendant had been previously convicted

of another capital felony #3: Previous violent

felony

#5: Engaged in commission of rape

#5: Engaged in commission of sexual assault

#9: Heinous, atrocious, or cruel

#11: Course of conduct (other crimes of violence

against another person or persons)

“She had been savagely beaten with a blunt force

object, cut with a sharp object, sexually assaulted

with a blunt instrument, raped, and manually and

ligaturally strangled.” (LNA, 1994, p.9)

Hypothesis-non-supporting

WdWv Non-liberated jury (Death)

Final Classification:

Hypothesis-non-supporting

Two women murdered in a brutal manner after

being abducted from the same club

approximately three months apart. The

defendant cut, raped, strangled, beat, and

sexually assaulted the victim. Murders

involved torture and extreme brutality.

LexisNexis

Academic:

338 N.C. 1;

449 S.E.2d 412;

1994 N.C. LEXIS

653

hypothesis because the circumstances of the trial were not especially brutal yet still resulted in

a death sentence for a White defendant. The revised hypothesis did not undergo any further

modifications resulting from the analysis of these trials.

For all BdWv trials with non-liberated juries that recommended a life sentence (n=3), 0

supported the hypothesis, 2 rejected the hypothesis, 0 failed to support the hypothesis, and 1 was

excluded (see Table 11g). These two trials were particularly interesting because they involved

non-liberated juries that still recommended life sentences for Black defendants. Both of the trials

involved especially brutal circumstances that should have influenced the jury to recommend

death sentences. These trials add to the evidence that the number of aggravators accepted alone

does not determine if a jury is liberated to use discretion in their sentencing recommendation.

The revised hypothesis did not undergo any further modifications resulting from the analysis of

these trials.

This section has presented individual and overall findings from the qualitative analysis in

which I employed qualitative hypothesis testing within an analytic induction framework. The

reformulated hypothesis I developed that best represented the data (with the understanding that

trials rejecting the hypothesis were not represented) was: juries in rape-involved capital murder

trials in North Carolina are more likely to recommend a sentence of death when the defendant is

a Black male and the victim is a chaste (i.e., perceived to be traditionally morally pure) White

female compared to White male defendants and chaste White female victims only when the

circumstances of the trial are not perceived to be especially brutal.

A table of the final reclassifications across BdWv and WdWv trials is provided in

Appendix C. Since the NCCSP data set includes rape-involved capital murder trials that

occurred over the course of three decades, I also reviewed the hypothesis reclassifications to

170

 
 
Table 11g. Results of Qualitative Analysis: BdWv, Life, Non-Liberated Jury (n=3).   
  
Defendant   
Name   
(Race)  
Victim   
Name   
(Race)  
Sentence  
County  
(Region)   
Elements Related to ECL  
Classification/Reclassification  
  
  
Process of Hypothesis Reclassification   
  
Sources of Data  
  
Edwards,  
Andre   
(Black)  
  
  
  
  
  
  
  
  
  
  
  
Hayes,  
Ginger  
 (White)  
  
  
Life  
Union  
(Piedmont 
Region)  
4 aggravators accepted:  
#5: Engaged in commission of robbery/kidnapping  
#6: Offense was for pecuniary gain  
#9: Heinous, atrocious, or cruel  
#11: Course of conduct (other crimes of violence 
against another person or persons)  
  
“She had been raped and strangled and had 
suffered a broken neck and a skull fracture as the 
result of at least four heavy blows to the head.  
(LNA, 2005, p. 4)  
  
“[The] defendant took the 11-month-old, who was 
too young to walk, with his mother to a deserted 
area, where defendant beat the mother to death 
before driving off, leaving the child in a field with 
weeds and grass a foot high, wearing only a diaper 
and with most of his body exposed to the hot  
midsummer sun. (LNA, 2005, p. 6)  
  
“Edwards raped and fatally beat the 23-year-old 
mother with a 30-pound tire rim.” (Daily Press,  
2004)  
  
“23-year-old wife of Langley Air Force Staff Sft.  
Jeremy Hayes and mother of 11-month-old  
Nicholas Hayes” (Daily Press, 2001)  
  
“A company spokesman described her as ‘a great 
employee, outgoing, friendly and well liked.  She 
was very proud of that baby.’” (Daily Press, 2001).  
Hypothesis-rejecting   
BdWv non-liberated jury (Life)  
  
Final Classification:  
Hypothesis-rejecting   
In addition to the four aggravators accepted 
by the jury, the circumstances surrounding 
the murder by the black male defendant 
against the white female victim were 
especially brutal, thus rejecting the 
hypothesis.  
  
LexisNexis Academic:  
174 N.C. 490;   
621 S.E.2d 333;   
2005 N.C. LEXIS  
2487  
  
Daily Press (2001) 
http://articles.daily 
press.com/2001- 
07- 
03/news/01070300 
14_1_medicalexaminer-
murdercase-death-
penalty   
  
Daily Press (2003) 
http://articles.daily 
press.com/2003- 
02- 
13/news/03021301 
98_1_murdercase-
entire-casetire-rim   
  
Daily Press (2004) 
http://articles.daily 
press.com/2004- 
03- 
27/news/04032700 
02_1_sentencedefense-
attorneysair-force-
staffsergeant   
  
WNCT (2012) 
http://www.wnct.c 
om/story/2101142 
4/murder-
victimsfamily-
talksnearly-11-years- 
later   

171

Table 11g (Continued). Results of Qualitative Analysis: BdWv, Life, Non-Liberated Jury (n=3).

Defendant

Name

(Race)

Victim

Name

(Race)

Sentence

County

(Region)

Elements Related to ECL

Classification/Reclassification

Process of Hypothesis Reclassification

Sources of Data

Williams, Jr.,

Douglas

(Black)

Dawson,

Adah

(White)

Life

Retrial

Nash

(Eastern

Region)

4 aggravators accepted:

#5: Engaged in commission of burglary

#5: Engaged in commission of sexual offense

#6: Offense was for pecuniary gain

#9: Heinous, atrocious, or cruel

“…he found numerous lacerations to the skin of

the neck, face, scalp, ear, arms, vagina and

rectum together with fractures of the face, skull,

pubic bones and hip bone.” (LNA, 1983, p. 8)

“During the defendant's confession, he stated

that, while the one hundred year old victim was

lying helpless on the floor, he forced a mop

handle into her vagina. The forensic pathologist

testified that this act was done with such force

that the cavity of the vagina was torn with the

tear extending through and into the rectum and

continuing two and one-half inches into the

sacrum bones.” (LNA, 1983, p. 13)

“tortured the victim…took her property and left

her to die in a pool of her own blood.” (LNA,

1983, p. 20)

Hypothesis-rejecting

BdWv non-liberated jury (Life)

Final Classification:

Hypothesis-rejecting

Victim was approximately 100 years old,

was beaten with two heavy metal clock

weights and was sexually assaulted with a

mop handle. This was a “vicious and

prolonged murderous assault resulting in a

defenseless victim's death which was so

brutal and so utterly senseless.” (LNA,

1983, p. 20)

LexisNexis Academic:

No Appeal

Washington

Associated Press

(1992)

http://www.apnew

sarchive.com/1992

/Court-Refuses-

To-ReinstateDeath-

Sentence-

Of-NorthCarolina-

Man/idd6ca0bab2ab2cdb

24ffadbddca5cd65

Yelverton, Jr.,

(Black)

Sutton,

John

(White)

Life

Edgecombe

(Eastern

Region)

Aggravators accepted

Missing Data

Hypothesis-rejecting

BdWv non-liberated jury (Life)

Excluded from analysis

Felony murder; husband of female rape

victim had a heart attack and died during the

attack. The defendant attempted to murder

the woman but she survived.

LexisNexis Academic:

334 N.C. 532;

434 S.E.2d 183;

1993 N.C. LEXIS

398

172

203

assess whether there were any temporal variations across jury sentencing recommendations.

More specifically, I reviewed the findings to examine if the ECL’s relative impact on jury

sentencing decisions: 1) declined over the time period under investigation, possibly as a result of

measures taken to ensure racial equality in the criminal justice system (e.g., passing of

constitutional amendments; decisions by the Supreme Court; the Civil Rights movement) (Table

12); and/or 2) were impacted by the McKoy (1990) ruling (mitigating evidence could be accepted

without juror unanimity after the McKoy ruling) (Table 13).

Table 12. Temporal Variations in Hypothesis-Reclassifications

Hypothesis-

Supporting

Hypothesis-

Rejecting

Hypothesis-

NonSupporting

1970s–1980s

(n=15)

n=3 (20%)

n=2 (13%)

n=10 (67%)

1990s

(n=29)

n=9 (31%)

n=7 (24%)

n=13 (45%)

2000s

(n=14)

n=2 (14%)

n=10 (72%)

Findings from Table 12 reveal similar patterns across the hypothesis-reclassifications.

There was an 11% increase in the percentage of hypothesis-supporting and hypothesis-rejecting

cases, respectively, from the 1970s-1980s (there were only 2 trials in the 1970s and were

therefore included with the 1980s trials) to the 1990s, with a decrease in the percentage of

hypothesis-non-supporting cases (22%). In addition, there was a similar decrease in the

percentage of hypothesis-supporting (17% decrease) and hypothesis-rejecting (10% decrease)

cases from the 1990s to the 2000s, with an increase in the percentage of hypothesis-

nonsupporting cases (27% increase). The raw data indicates that the total number of

204

hypothesissupporting, hypothesis-rejecting, and hypothesis-non-supporting cases differs by one

case when comparing the 1970s-1980s and 2000s directly (one less hypothesis-supporting case

in the 2000s). The patterns revealed in these findings suggest that the impact of the ECL on

jury sentencing recommendations is not directly affected by the decade in which the trial took

place.

Table 13. Hypothesis Reclassifications Pre- and Post- McKoy (n=58).

Hypothesis-

Supporting

Hypothesis-

Rejecting

Hypothesis-

NonSupporting

Pre-McKoy (n=15)

n=3 (20%)

n=2 (13%)

n=10 (67%)

Post-McKoy (n=33)

n=11 (33%)

n=9 (27%)

n=23 (70%)

Findings from Table 13 also reveal similar patterns across the hypothesis

reclassifications. There was a similar increase in the percentage of hypothesis-supporting (13%

increase) and hypothesis-rejecting (14% increase) cases from the Pre-McKoy era to the

PostMcKoy era. The percentage of hypothesis-non-supporting cases remained approximately the

same pre- and post- McKoy (3% increase). These findings suggest that the jury’s consideration

of mitigating factors (i.e., acceptance without jury unanimity) did not affect the ECL’s influence

on jury sentencing recommendations in North Carolina rape-involved capital homicide trials.

The next section provides examples of trials that reflect the reclassification process as employed

in the current study.

The Hypothesis Reclassification Process

This section includes six trials that represent how I approached the hypothesis

reclassification process for each potential case outcome (remains hypothesis-supporting,

205

reclassified hypothesis-supporting, remains hypothesis-rejecting, reclassified

hypothesisrejecting, remains hypothesis-non-supporting, reclassified hypothesis-non-

supporting). I have provided a synopsis of each trial that summarizes the circumstances of the

trial and the races of the individuals involved. I also identify the original hypothesis

classification (based on the recommended sentence, the number of aggravators accepted, and

the race of the defendant and victim, respectively) and the reclassification based on whether or

not the trial showed support for, rejected, or did not support the hypothesis following the

qualitative analysis.

Remains Hypothesis-Supporting: Kenneth Rouse (Black) was sentenced to death for the

first-degree murder of Hazel Broadway (White) in addition to 40 years imprisonment for armed

robbery and 20 years for attempted first-degree rape. The defendant was found at the scene of

the crime, where the victim was lying in a pool of blood with a knife stuck in her neck. The

victim had sustained multiple knife wounds before suffering the fatal blow and died in front of

the police. Conflicting testimony was presented attesting to the diminished mental state of the

defendant resulting from the his abusive childhood, broken home, dropping out of school, drug

use, depression, suicide attempt, and his father shooting his mother. An all-White jury found

that the aggravators outweighed the mitigators and justified the use of the death penalty. It was

later revealed that one of the jurors in the case failed to disclose that his own mother (White) had

been sexually assaulted and murdered by a Black man; this juror used a racial epithet to describe

Rouse and expressed racist attitudes. This evidence has never been heard in court due to a minor

procedural technicality. This trial was originally classified as hypothesis-supporting since it

involved a Black defendant, a White female victim, a liberated jury, and a death sentence. After

carefully reading and analyzing the case narrative and related newspaper articles, I determined

206

that the trial continued to show support for the hypothesis due to the presence and salience of

mitigating factors, the racial composition of the jury (all-White), and most importantly, the

discovery of a juror who hid relevant information about his past and expressed his blatant racist

attitudes against the defendant.

Reclassified Hypothesis-Supporting: Rodney Montgomery (Black) was convicted of the

first-degree murder of Kimberly Piccolo (White), in addition to robbery with a dangerous

weapon, first-degree burglary, and attempted first-degree rape, and sentenced to death. The

evidence was strong but circumstantial, the defendant had an alibi, and there were no

witnesses.

The defendant received a new trial due to the trial court’s improper instructions on reasonable

doubt. In the new trial, the HAC aggravator was not accepted as it was in the first trial and the

defendant received a sentence of life. This trial was originally classified as hypothesis-

nonsupporting since it involved a Black defendant, a White female victim, a non-liberated jury,

and a death sentence. During the reclassification process, I found that this trial supports the

hypothesis despite the acceptance of four aggravating factors. The circumstances of the murder

in this trial do not seem as brutal as many of the other trials reviewed. For example, Johnson Jr.

(1986) involved a white defendant who sexually assaulted and stabbed a White female victim 55

times but received a life sentence. Another example involves a trial (Beach, 1993) that involved

multiple sexual assaults and murders of White elderly widows in which the jury accepted 3

aggravating factors yet still sentenced the White defendant to life. To this point, the fact that the

jury in the second trial did not accept the HAC aggravator (and sentenced the defendant to life)

demonstrates how subjective the sentencing process is for each jury. The subjectivity of the jury

sentencing process as reflected in the acceptance of different aggravators and recommendations

207

of different sentences in retrials and resentencing hearings for trials with similar trial

circumstances suggests two points: 1) capital juries may be more liberated than originally

assumed to exercise discretion in their acceptance of aggravating and mitigating factors, even in

trials originally classified as non-liberated; and; 2) the weight of the aggravating factors (e.g., if

the circumstances of the crime are particularly brutal) may have more of an influence on a jury’s

sentencing decision than the number of aggravating factors submitted and/or accepted alone.

Remains Hypothesis-Rejecting: Richard Jackson (White) was sentenced to death

following a jury verdict of guilty for the first-degree murder of Karen Styles (White). The

defendant was also convicted of first-degree rape and first-degree kidnapping. The victim’s body

was found nude from the waist down and taped to a tree. The defendant was the adopted son of

prominent community leader (country commissioner). The cause of death was a gunshot to the

victim’s head. The defendant suffered from multiple psychiatric problems (ADD, bipolar

disorder, dissociative identify disorder, borderline personality disorder, depression), had a

nervous breakdown, was discharged from the Navy for mental illness, and attempted suicide

multiple times. A new trial was ordered since inculpatory statements made to the detectives

should have been excluded because they were made after the defendant invoked his right to

counsel. This trial was originally classified as hypothesis-rejecting since it involved a White

defendant, a White female victim, a liberated jury, and a death sentence. The trial remains

hypothesis-rejecting because the qualitative analysis revealed two main points: 1) the

circumstances of the crime were not especially brutal; and 2) a different jury may have placed

greater weight on the mitigating factors related to the defendant’s severe mental problems.

Since this particular jury sentenced a White defendant to death while considering these factors,

this trial rejects the original hypothesis.

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Reclassified Hypothesis-Rejecting: Steven Bishop (White) was sentenced to death after a

jury rendered a verdict that he was guilty of the first degree murder of Nan Schiffman (White).

The defendant was also convicted of breaking and entering, robbery with a dangerous weapon,

first-degree kidnapping, financial transaction card fraud, and conspiracy, and was deemed a

habitual felon. The victim returned home as it was being burglarized and was subsequently

raped and murdered. A second offender was involved and the cause of death was a gunshot

wound. This trial was originally classified as hypothesis-non-supporting since it involved a

White defendant, a White female victim, a non-liberated jury, and a death sentence. Despite the

jury’s acceptance of four aggravating circumstances (thus an original classification of

hypothesis-non-supporting), the circumstances of the crime were not especially brutal. This is

another trial that illustrates the point that the number of aggravating factors accepted is not

always as important as the salience of the trial circumstances. The four aggravating factors

accepted in this trial (previous violent felony, engaged in flight after committing a rape, engaged

in the commission of kidnapping, committed the offense for pecuniary gain) might not weigh as

heavily on the jury’s sentencing decision as a trial that only involves one aggravating factor but

reflects the brutal circumstances of the crime (e.g., the defendant psychologically and physically

tortured the victim for an extended period before brutally raping and murdering her).

Remains Hypothesis-Non-Supporting: Jamie Smith (Black) pled guilty to the first-degree

murder of Kelli Froemke (White), a 19 year old college student. He also pled guilty to

firstdegree burglary, first-degree forcible rape, first-degree arson, and robbery with a dangerous

weapon. The defendant demanded money from the victim at knifepoint, then forced her into her

bedroom and raped her. He then stabbed her more than sixty times. Before leaving, the defendant

set a fire in the bedroom closet to cover up what he had done. The jury accepted 9 aggravating

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factors and recommended a sentence of death for the murder. The defendant was also convicted

and sentenced to death in a separate but related trial involving the death of a male victim. This

trial was originally classified as hypothesis-non-supporting since it involved a Black defendant, a

White female victim, a non-liberated jury, and a death sentence. This trial remained

hypothesisnon-supporting because a jury would likely sentence any defendant to death,

regardless of race, in a trial involving two murders, a rape, two counts of arson, nine aggravating

factors accepted, and especially brutal trial circumstances.

Reclassified Hypothesis-Non-Supporting: Daron Farmer (White) was convicted of the

first-degree murder of Margaret Robinson (White), a 65 year old lawful citizen. The victim was

attacked in her own home, raped, and beaten to death. The defendant denied his involvement in

the murder and claimed his discussions with another man to rape the victim were not serious.

The jury returned a verdict expressly finding the defendant guilty of first-degree murder both

under the felony murder theory and under the theory that the murder was committed with

premeditation and deliberation. The defendant was sentenced to life in prison. This trial was

originally classified as hypothesis-rejecting since it involved a White defendant, a White female

victim, a liberated jury, and a life sentence. The trial was reclassified as hypothesis-

nonsupporting because the qualitative analysis revealed three main points: 1) the defendant was

21 and mildly mentally retarded; 2) the jury accepted only one aggravating factor (engaged in the

commission of a rape/burglary) and found 13 mitigating factors, some of which attested to the

defendant’s broken home life and psychological unraveling; and 3) the murder was not especially

brutal. These points suggest that a jury would likely recommend a life sentence in trials

containing similar circumstances regardless of the race of the defendant.

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This section has provided examples of trials that represent my approach to the hypothesis

reclassification process across six potential case outcomes. The next section presents additional

findings on a third ECL dimension related to geographical variations in death penalty

recommendations.

Geographical Variations in Death Penalty Recommendations

A third ECL dimension addresses the intrastate geographical variations in North

Carolina’s death penalty intensity that are consistent with evidence documenting the uneven

distribution of death penalty use within states (Lofquist, 2002). As discussed in the review of the

literature, this intrastate variation of death penalty application in the South appears to coincide

with the southern cultural legacy of slavery and Black oppression (Lofquist, 2002). With respect

to the third ECL dimension, I conducted a supplementary review of the trial outcomes to

determine if there was more support for the ECL hypothesis in Eastern regions of North Carolina

where slavery was most prevalent compared to areas of North Carolina that were not heavily

populated by slaves (e.g., the mountains of Western North Carolina) or regions that have become

urbanized (e.g., Central North Carolina represented by the Piedmont Region).

As presented in Table 14, there are no patterns of intrastate geographical variations in

death sentence recommendations in North Carolina. Despite evidence from the review of the

literature suggesting there would be more support for the ECL hypothesis in the Eastern Region

of North Carolina, the number of hypothesis-supporting, hypothesis-rejecting, and

hypothesisnon-supporting trials remained fairly consistent across each of the three regions.

These findings, in conjunction with the overall findings discussed in this chapter, suggest that the

ECL does not endure in the Eastern regions of North Carolina or in North Carolina in general.

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This chapter has presented individual and overall findings from the qualitative analysis in

which I employed qualitative hypothesis testing within an analytic induction framework.

Findings demonstrated an overall decrease in hypothesis-supporting and hypothesis-rejecting

cases and an increase in hypothesis-non-supporting cases due to the fact that the perceived

brutality of the crime (e.g., injuries sustained by the victim during the rape and/or murder) would

Table 14. Geographical Variation in Hypothesis Reclassifications (n=58).

Eastern Region (n=20)

Piedmont Region (n=29)

Western Region (n=9)

Hypothesis-Supporting

(n=5) [25%]

o Remains HS (n=5)

o Reclassified HS (n=0)

Hypothesis-Supporting

(n=7) [24%]

Remains HS (n=6)

Reclassified HS (n=1)

Hypothesis-Supporting

(n=2) [22%]

o Remains HS (n=2) o

Reclassified HS (n=0)

Hypothesis-Rejecting

(n=4) [20%]

o Remains HR (n=4)

o Reclassified HR (n=0)

Hypothesis-Rejecting

(n=5) [17%]

Remains HR (n=4)

Reclassified HR (n=1)

Hypothesis-Rejecting

(n=2) [22%]

o Remains HR (n=2)

o Reclassified HR (n=0)

Hypothesis-Non-Supporting

(n=11) [55%]

o Remains HNS (n=6) o

Reclassified HNS (n=5)

Hypothesis-Non-Supporting

(n=17) [59%]

Remains HNS (n=2)

Reclassified HNS (n=15)

Hypothesis-Non-Supporting

(n=5) [56%]

o Remains HNS (n=2)

o Reclassified HNS (n=3)

likely influence a jury to recommend a sentence of death regardless of the race of the defendant

in these trials. This chapter has demonstrated the relative influence of the salient circumstances

of the trial (e.g., the perceived brutality of the crimes committed, aggravating and mitigating

circumstances), in addition to the impact of racial dynamics (e.g., racial composition of the jury,

race of the victim and the defendant, respectively) on jury sentencing decisions in capital

rapeinvolved homicide trials in North Carolina. This chapter has also presented examples of the

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reclassification hypothesis process and findings related to geographical variations in death

sentence recommendations. The next chapter presents a discussion of the main findings and

concluding remarks of the study. The purpose of the study is revisited, with an examination of

how these objectives were approached in the research process, followed by reflections on the

main findings. The next chapter also presents a discussion of reliability and validity issues,

limitations of the study, implications for future research employing qualitative approaches to

racial discrimination in the capital punishment process, and concluding remarks.

Chapter Five

Discussion & Conclusion

While the socio-legal forms of racism and Black oppression were originally blatant (e.g.,

slavery; segregation; lynching), numerous empirical studies have demonstrated that they evolved

into more subtle practices that still exist in the contemporary capital punishment process (e.g.,

prosecutorial discretion; the exclusion of minorities from jury duty; jury members who often

make decisions based on racial stereotypes) (Baldus & Woodworth, 1998). The current study

employed qualitative hypothesis testing within an analytic induction framework to explore the

impact of the ECL on jury sentencing decisions in contemporary rape-involved capital murder

trials. Findings from the qualitative analysis did not show overall support for the ECL, nor did

they show support for the ECL in a geographical context. Findings from the current study

demonstrated that juries in rape-involved capital murder trials were not more likely to

recommend a sentence of death when the defendant was a Black male and the victim was a

White female (compared to White male victims and White female victims) while controlling for

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relevant factors and modifying the hypothesis to reflect multiple ECL dimensions. These

findings suggest that the ECL may not endure in the North Carolina capital punishment process

today.

There are several possibilities as to why the ECL did not appear to endure in the trials

included in this study. First, it is possible that the measures taken to ensure racial equality in the

criminal justice system (e.g., passing of constitutional amendments; decisions by the Supreme

Court; the Civil Rights movement) have effectively removed racial discrimination from the

North Carolina capital punishment process. It is also possible that the ECL endures in North

Carolina capital homicide trials that do not involve rape (this is addressed further later in the

discussion). Further, it is possible that the effects of the ECL do not influence sentence

recommendations of capital juries in North Carolina but may influence the decisions of capital

juries in other Southern states. In order to assess whether this cultural legacy still endures, future

studies should broaden the exploration of the ECL in North Carolina by including non-

rapeinvolved capital homicide trials in the analyses, as well as expanding this study to other

Southern

states.

Since the NCCSP data set includes rape-involved capital homicide trials that occurred

over the course of three decades, I also reviewed the hypothesis reclassifications to assess

whether there were any temporal variations across jury sentencing recommendations as a result

of: 1) the measures taken to ensure racial equality in the criminal justice system; or 2) the impact

of the McKoy (1990) ruling (mitigating evidence could be accepted without juror unanimity after

the McKoy ruling). The patterns revealed in these findings suggested that the impact of the ECL

on jury sentence recommendations was not directly affected by the decade in which the trial took

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place. It is possible that the measures taken to ensure racial equality in the criminal justice

system had already taken effect in North Carolina rape-involved homicide trials beginning in the

late 1970s and continued through the 2000s. It is also possible that these measures had no effect

on jury sentencing recommendations at any point in time which would also explain why there

was no change in the ECL’s influence over thirty years. In addition, any potential effects the

McKoy (1990) ruling (i.e., acceptance without jury unanimity) may have on the consideration of

mitigating factors in capital homicide trials (e.g., the increase in mitigating factors submitted and

accepted by juries may attenuate their relative influence on jury decision making processes) did

not impact the ECL’s influence on jury sentence recommendations in the current study (Kremling

et al., 2007).

Qualitative researchers rarely conduct studies to test hypotheses because, unlike

quantitative analysis, one cannot establish strict a priori rules or produce findings with

meaningful significance levels. Therefore, qualitative researchers who test hypotheses can only

offer qualified support for the hypothesis while grappling with findings that fail to support or

reject the hypothesis. However, the employment of qualitative hypothesis testing that relies on

the simultaneous and iterative process of data collection and analysis may provide a more

parsimonious approach to the data than the employment of quantitative analysis that may rely on

complex statistical modeling techniques. Further, utilizing qualitative hypothesis testing to

study a rare event (e.g., rape-involved capital homicide trials in North Carolina) provides a depth

of insight into the phenomenon that cannot be captured by the quantitative analysis of the data.

For example, as I scrutinized the data in one particular trial I discovered that the code “bloody”

in the quantitative codebook (“the coder’s subjective interpretation as to whether the crime or

resulting crime scene was particularly horrendous”) may have been referring to: “pieces of flesh

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[that] were scattered throughout the living area…[her] body had been mutilated beyond

recognition, and several feet of her intestines protruded from a large wound to her abdomen”

(LNA, 1982, p. 2). This amount of detail provided in each of the case narratives and

newspaper articles included in the qualitative analysis offers a much clearer picture of how the

salient circumstances of the trial (e.g., the perceived brutality of the criminal offenses) may

have influenced jury sentencing decisions.

Despite the methodological advantages of employing qualitative analysis in the current

study, I was often troubled by the sensitive materials I spent months carefully scrutinizing. The

heinous nature of the trial circumstances had a profound effect on me. While I tried to be as

objective as possible when reading the case narratives and newspaper articles in an effort to

minimize bias in the interpretations of the findings, it was difficult to remain emotionally

distant from the material. I never lost sight of the fact that the victims in these trials were more

than qualitative data points; these were real women who were raped and murdered and the

circumstances of these crimes were often extremely brutal. While I have always been drawn to

qualitative research for the depth of information and insight that could be gained, I may not

have been prepared on an emotional level to read about a large number of women who were

psychologically or physically tortured leading up to their death.

It is also important to consider how the jury was emotionally affected by the heinous

nature of the crimes presented to them at trial. After applying the boundary conditions for case

requirements and restricting the final sample to 58 rape-involved homicide trials in North

Carolina, only 17 of the trials involved juries that recommended life sentences. Therefore, juries

in 41 out of the 58 trials included in the final sample recommended a sentence of death. While

each trial involved an aggravating factor or combination of aggravating factors that may have

216

been perceived to be especially heinous, it is possible that the involvement of the rape or sexual

assault itself was the most influential factor on sentence recommendations for capital juries in

North Carolina. Future studies should examine non-rape-involved capital homicide trials in

North Carolina to explore how the ECL may or may not impact capital jury sentencing decisions

that do not involve rape or sexual assault. While rape was an integral component of the ECL

hypothesis due to its roots in the Southern peculiar chivalry, it is possible that the presence of

rape or sexual assault (especially when combined with additional aggravating factors) in a capital

homicide trial may influence the jury to recommend a sentence of death regardless of the race of

the defendant and/or victim, respectively.

In the current study, 40 out of the 58 juries accepted the HAC aggravator which may also

be related to the jury’s perception of the heinous, atrocious, or cruel nature of crimes that involve

the rape of White women. Future studies that include non-rape-involved capital homicide trials

in the qualitative analysis should also include male victims in the sample to explore whether the

acceptance of the HAC aggravator is more prevalent in trials involving White female victims,

possibly due to White males’ desire to protect them. Further, while the current study addressed

the chastity of the White female victim, future qualitative studies that explore the nuanced

connection between race and gender by including both male and female victims in the analysis

may be able to explore the impact of the White female victim effect while controlling for other

relevant factors. This may provide a more in depth examination of gender within the context of

the ECL and allow the researcher to explore the idea that White men have a desire to protect

White women. In addition, while I identified trials involving all-White or nearly all-White

juries, studies examining the connection between race and gender in capital homicide trials

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should engage in a deeper exploration of how sentence recommendations are affected by the

racial and gender composition of the jury.

With respect to the credibility of the White female victim, all 6 of the trials reclassified as

hypothesis-non-supporting due to the White female victim’s (lack of) credibility involved White

male defendants. Further, only one of these trials would have been reclassified as

hypothesissupporting while the other 5 would still have been reclassified as hypothesis-non-

supporting (based on the perceived brutality of the crimes) even if the victim was not discredited.

Future studies that broaden the study of the ECL within the context of non-rape-involved capital

murder trials should examine the impact of the White female victim’s credibility on jury

sentencing recommendations in capital trials involving Black and White male defendants. In

other words, qualitative researchers should explore the relative impact of this ECL dimension

(i.e., the perceived credibility of the White female victim) on jury sentencing recommendations

in contemporary capital murder trials in North Carolina, and further, if the strength of this

influence varies across BdWv and WdWv trials.

With respect to the juror who expressed racist attitudes against Black men (Rouse, 1994),

it is unclear whether or not he expressed his opinions in the jury room. In other words, I do not

know whether or not he convinced any of the other 11 jurors to recommend a sentence of death

or if he kept his opinions to himself. It is possible that this juror, who should not have been

included on the jury in the first place, sat quietly throughout the deliberation process and was

simply able to consent to a decision that was already unanimous. The employment of different

methodological approaches to the data (e.g., extensive interviews with jurors) might be able to

provide deeper insight into the decision-making processes of jurors (e.g., the factors of the trials

that have the greatest influence on the sentencing recommendations).

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In addition, while I focused much of the qualitative analysis on the salient circumstances

of the trial that I perceived to be most influential on sentence recommendations (e.g., the

perceived brutality of the criminal circumstances), I could have placed more weight on additional

factors that may have impacted the jury’s decision making process (e.g., the victim/offender

relationship; if the defendant kidnapped the victim). If evidence presented at the trial

demonstrated that the victim was abducted by a stranger and taken to a different location before

being raped and killed, the jury may have been considerably affected on an emotional level based

on their perception of the victim’s terror before her death. When considered in the context of

other potentially brutal criminal circumstances, this type of evidence may have had a substantial

impact on jury sentence recommendations.

Another issue to consider is the racial and gender composition of the individuals who

collected, reviewed, and analyzed the data. The three individuals who collected the original data

that comprises the NCCSP data set were all White (two females, one male), while the two

individuals who discussed the methodological and analytic approaches to the data (and resultant

findings) in the current study were both White males. It is possible that the racial and gender

composition of the individuals involved in the collection and analysis of the data had an effect on

the interpretations of the findings due to personal experiences that may greatly differ from the

personal experiences of Black men and women. The next section identifies reliability and

validity considerations within the current study.

Reliability and Validity

While some qualitative researchers contend that the terms reliability and validity are not

appropriate for qualitative research, they also understand that measures must be taken to establish

confidence in qualitative findings (Denzin & Lincoln, 1994; Golafshani, 2003; Lincoln & Guba,

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1985; Padgett, 1998; Seale, 1999; Stenbacka, 2001). The credibility of qualitative research (i.e.,

internal validity) represents the confidence one can have in the integrity of the findings and

reflects the effort and ability of the researcher (Denzin & Lincoln, 1994;

Golafshani, 2003; Lincoln & Guba, 1985). While this measure of validity is not always explicitly

stated in a qualitative research study, a clearly described and sound research design helps identify

the study’s potential to produce credible findings (Belgrave, Zablotsky, & Guadagno,

2002). In addition to the thorough documentation of the study’s research methods and design, I

also employed triangulation as an additional measure of credibility. Triangulation adds to the

confidence of the research findings and conclusions by offering multiple ways to view and test

a phenomenon (Denzin & Lincoln, 1994; Golafshani, 2003). Triangulation was achieved in

the current study through the use of multiple data sources (e.g., LexisNexis case narratives;

hard copy files containing handwritten notes and supplementary materials; newspaper articles).

Confirmability (i.e., objectivity) refers to the internal consistency of the findings and

interpretations, respectively, and the potential for corroboration by other researchers (Denzin &

Lincoln, 1994). In addition to documenting the strategies for the data collection and analytic

procedures to make sure they were transparent, I also utilized three different measures of

confirmability: 1) the use of thick description; 2) the employment of negative case testing; and 3)

discussing the analytic process and findings with a death penalty expert. First, thick description

was utilized in the current study through the documentation and presentation of verbatim

transcriptions of text that were used to give context to thematic observations (Strauss & Corbin,

1994). This type of documentation also encouraged an overall consistency in the data collection

process. Second, I actively sought out and reviewed disconfirming cases to explore why certain

trial outcomes did not support the hypothesis (Berg, 1989). This process helped me identify

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cases that did not support the original hypothesis so I could develop and revise the hypothesis

until it best represented the reality of the phenomenon under investigation (Robinson, 1951).

Third, I had multiple conversations with a death penalty expert to discuss the qualitative analysis

(e.g., boundary conditions for case requirements; rules for reclassification) and the interpretation

of the findings (i.e., coming to an agreement regarding the reclassification of hypothesis

supporting, hypothesis-rejecting, hypothesis-non-supporting trials). Through the measures

described above, I was able to consider issues of subjectivity and context (i.e., ensuring my

interpretations of the data were not arbitrary) and increase confidence in the findings.

Limitations

Qualitative hypothesis testing is rarely employed in the social sciences due to the “strong

influence that qualitative researchers can have on a study’s results” (DeRosia & Christenson,

2009, p. 21). The qualitative researcher continually immerses oneself in the data during all

stages of the research process (e.g., data collection, analysis) in an effort to gain deeper insight

into a phenomenon and thus may influence the interpretations of the findings with one’s own

“expectations, biases, and prejudices” (DeRosia & Christenson, 2009, p. 22). Therefore, the

analyst must clearly acknowledge and document one’s own theoretical assumptions prior to the

analysis and use peer auditors to assess the influence of the analysts’ subjectivity in the

interpretation of the findings (DeRosia & Christenson, 2009). These established qualitative

techniques allow the readers to determine “the extent to which the researcher’s assumptions

influenced the observations” and thus influenced the interpretation of the findings (DeRosia &

Christenson, 2009, p. 22). Similarly, reliability concerns may arise due to the use of an

individual coder and related questions regarding the consideration of negative examples and how

to modify the developing hypothesis (Ratcliff, 1994). I addressed these issues in the current

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study by carefully documenting each of my methodological and analytical decisions and

discussing the analytic process and findings with a death penalty expert as described in the

previous section.

While I took multiple measures to mitigate the risk of utilizing analytic induction

within the current study (as identified above), I could have limited potential error further by

randomly selecting trials for the hypothesis reclassification process (Berg, 1989). Instead, I

started at the core of the data set with trials most likely to support the hypothesis (e.g., BdWv

trials with liberated juries that recommended death sentences, WdWv trials with liberated juries

that recommended life sentences) before moving on to trials most likely to reject the

hypothesis (e.g., BdWv trials with liberated or non-liberated juries that recommended life

sentences, WdWv trials with liberated juries that recommended death sentences) or fail to

support the hypothesis (e.g., BdWv or WdWv trials with non-liberated juries that recommended

death sentences). I proceeded with the analytic induction process in this manner so I could

build an initial degree of certainty about the hypothesis results (Stage 5) and then

systematically and sensibly develop a constantly evolving hypothesis that considered all

exceptions to the original hypothesis and best represented the entire data set when the

qualitative analysis was completed.

An additional limitation of the current study relates to the generalizability of the findings.

While the findings of the current study may not be generalizable beyond North Carolina,

utilizing the total population of North Carolina rape-involved capital homicide trials for the

purposes of qualitative hypothesis testing provided the opportunity to explore intrastate

geographical variations in jury sentencing decisions. Further, the value of using the analytic

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induction approach is that the findings are more generalizable “since numerous examples must

be explained through successively qualified versions” of the hypothesis (Ratcliff, 1994, p. 4).

Future Research

This study has focused on jury sentencing decisions in rape-involve capital homicide

trials in North Carolina. As stated in the review of the literature, racial discrimination can be

present at every stage of the capital punishment process. Future studies employing analytic

induction and qualitative hypothesis testing should consider racial influences related to

prosecutorial discretion, such as the decision to seek the death penalty, the submission of

aggravating factors, and the exclusion of minorities from jury duty. In addition, different

methodological approaches to the study of capital murder trials such as extensive interviews of

all those involved in the capital punishment process (e.g., jurors, prosecutors, defense

attorneys, officers, judges) would add to the empirical research regarding arbitrary race-based

capital sentencing.

While considering multiple dimensions of the ECL (e.g., the impact of liberation

hypothesis; the credibility of the White female victim; geographical variations in the use of the

death penalty) within an analytic induction framework has provided an innovative approach to

the exploration of racial discrimination in capital jury sentencing decisions, limitations in the

data have prevented a more nuanced examination of the interconnections between race, class,

and gender. The widely held belief that rape brought shame and dishonor to a woman’s

household inexorably tied the race, class, and reputation of the White female victim together in

cases involving rape or sexual assault, regardless of the defendant’s race (Bardaglio, 1994).

With respect to interracial rape trials in the antebellum South, accusations about the White

female victim’s character were much more frequent in cases involving poor victims or those

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were not considered respectable) by the community (e.g., lack of social position; behavior did

not adhere to traditional societal expectations) (Dorr, 2000). In turn, poor women were

perceived to lack respect and value in the eyes of the community and this diminished the

perceived likelihood that a rape had taken place in the eyes of judges and juries (Bardaglio,

1994). Regardless of defendant race, judges were convinced that women who came from poor

families were more likely to engage in illicit sexual behavior and thus did not deserve the full

protection of the law under the existing rape statutes (Bardaglio, 1994). Convictions were

reversed or death sentences commuted in some cases involving Black male defendants and

poor

White female victims who did not maintain social standing in the community (Bardaglio, 1994).

Future studies that can take advantage of data that references the victim’s perceived status from a

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