A pardon – finally – for Wilmington 10

NNPA@tri-statedefender.com | 1/3/2013, 9:36 a.m.

"Justice demands that this stain finally be removed. The process in which this case was tried was fundamentally flawed. Therefore, as Governor, I am issuing these pardons of innocence to right this longstanding wrong."

The Wilmington Ten – nine black males and one white female – were activists who, along with hundreds of black students in the New Hanover County Public School System, protested rampant racial discrimination in 1971.

In February of that year, after the arrival of the Rev. Benjamin Chavis to help lead the protests, racial violence erupted, with white supremacist driving through Wilmington's black community, fatally shooting innocent people and committing arson.

A white-owned grocery store in the black community was firebombed, and firemen came under sniper fire. It wasn't until a year later that Rev. Chavis and the others were rounded up and charged with conspiracy in connection with the firebombing and shootings. The 10 were falsely convicted, and sentenced to 282 years in prison, some of which they each served.

It wouldn't be until 1977, after years of failed appeals in North Carolina courts, that the three state's witnesses recanted their testimonies, admitting that they perjured themselves.

Amnesty International issued a blistering report declaring the Wilmington Ten "political prisoners of conscience." The CBS News program "60 Minutes" did a one-hour expose proving that the evidence against the Wilmington Ten had been fabricated by the prosecution.

Then-Carolina Gov. James B. Hunt refused to pardon the Ten, but did commute their sentences in 1978. Two years later, the U.S. Fourth Circuit Court of Appeals overturned all of the convictions, based on gross prosecutorial misconduct and various violations of constitutional rights. The appeals court directed North Carolina to either retry the defendants, or dismiss all charges, but the state did nothing for the next 32 years.

In March 2011, the National Newspaper Publishers Association (NNPA), at the urging of Wilmington Journal Publisher Mary Alice Thatch, voted to pursue pardons of innocence for the Wilmington Ten. That effort got underway in earnest a year ago. After a series of NNPA stories based on an investigation that revealed never-before-seen court records proving prosecutorial corruption, the mainstream media, including the New York Times, caught on, and began editorially pushing for pardoning the Wilmington Ten. In addition, Change.org, the NAACP and the Wilmington Ten garnered over 144,000 petition signatures for the cause.

Gov. Perdue's pardons legally mean that the accused did not commit the crimes for which they were convicted. The governor's decision was roundly praised.

"Gov. Perdue's historic action today doesn't remove the past forty years of injustice against ten innocent American citizens – North Carolinians who stood up for equal treatment under the law in our public education system," the Wilmington Ten Pardons of Innocence Project, a justice outreach effort of the National Newspaper Publishers Association and the Wilmington Journal newspaper, said in a statement.

"But (the governor's pardon) does correct the historical record, that Connie Tindall, Jerry Jacobs, William Joe Wright, Anne Sheppard, Wayne Moore, Marvin Patrick, James McKoy, Willie Earl Vereen, Reginald Epps and the Rev. Dr. Benjamin Chavis, were indeed innocent of all charges falsely assessed to them by a corrupt prosecutor who, to this day, has not answered for what he did."