Final arguments made in Racial Justice Act hearing
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FAYETTEVILLE – Closing arguments took place in the state's first Racial Justice Act hearing Wednesday.
Convicted killer Marcus Robinson hopes to convince a judge that racial bias played a role in his Cumberland County case. Robinson has been on death row since 1994.
After two and half weeks of testimony in the Racial Justice Act hearing, Judge Greg Weeks heard from both sides in their final statements to the court.
"Erik Tornblom was the only person relevant to this case who was discriminated against based on race,” said prosecutor Rob Thompson. “The irony we have is that Marcus Robinson stands before you after saying 'I am going to burn me a whitey,' he stands straight faced and says he was discriminated against."
Robinson said there was racial bias in the selection of the jury in his case over 15 years ago. His attorneys used a Michigan State University statistical study to prove their case.
"When we look at the individual cases within Cumberland County, every single one of them has a disparity of striking African-American jurors over all others," said defense attorney Jay Ferguson.
That study analyzed death penalty cases over a 21-year period across the state and concluded that black jurors were twice as likely to be struck from a jury as a non-black juror. It also looked specifically into Robinson's case.
"Just one trial, and there was a statistically-significant finding only in that one trial of 3.6 in a 100, less than four chances in 100, that that would have occurred by chance in a random, race neutral jury selection,” said Ferguson.
But prosecutors said these statistics are not enough. The prosecution looked at those same cases and tried to find out why each of those black jurors were struck.
"Numbers and statistics are not enough,” said assistance district attorney Cal Colyer. “Judge Gore has been cited in this case and with the transcripts dealing with reasons, I have heard this court tell jurors there are many reasons you may stricken. Don't take offense if you are not asked to serve because there may be a reason that is unbeknownst to you that one side or the other takes you off."