Motion ?ghts death penalty

Attorneys for a man charged with killing former Student Body President Eve Carson are trying to strike the decision to pursue the federal death penalty against him.

The two motions, filed Oct. 28, come as defenders continue to build their case in favor of Demario James Atwater.

Striking the death penalty

In the first motion, federal public defenders argued that Atwater’s rights were violated when one of his attorneys missed the hearing that determined prosecutors could pursue the death penalty.

One of Atwater’s attorneys, Greg Davis, was scheduled for radiation treatment the day of the hearing, the motion states. Without him, five prosecutors argued against one defense attorney at the hearing, the motion states.

The motion asks the courts to hold the hearing again.

“This is an appeal to the court to not allow this to go forward,” said Lynne Klauer, spokeswoman for the U.S. Attorney’s office for the Middle District of North Carolina, which is prosecuting the case.

Defenders have already unsuccessfully asked the U.S. attorney general to reverse its decision.

Building evidence

The second motion requests items that are routinely provided to defense attorneys: information about any evidence, leads or witnesses that will be used in court against Atwater.

The motion also asks for the names and races of all defendants and victims in cases submitted for death penalty approval since 1994 by the district prosecuting Atwater.

State prosecutors are also seeking the death penalty against Atwater.

Since the Racial Justice Act was signed into N.C. law in August, attorneys can use statistics to prove racism had a role in a state case.

Statistics from the motion’s request could not be used the same way in a federal case.

“They would have to show discrimination in their particular case, individualized without the use of statistics,” said Durham criminal defense lawyer Jay Ferguson.

Davis would not comment on the request for information.

But because the request is specific to the Middle District, it could be useful in the case if it revealed racial bias on the part of one decision maker, Ferguson said.

In considering whether to pursue the death penalty, the race of the victim tends to have more bearing statistically than the race of the defendant, according to data from the Death Penalty Information Center, a national group that tracks the death penalty by state.

In cases since 1976 in which one person is executed for murdering someone of another race, 15 executions involve a white defendant with a black victim and 243 involve a black defendant and a white victim.

“It raises questions about the arbitrariness of the death penalty and how we value one life over others and one life over hundreds of others,” said Stephen Dear, executive director of People of Faith Against the Death Penalty, based in Carrboro.

Authorities say Atwater, 23, and Lawrence Alvin Lovette, 18, took Carson from her home to an ATM, forcing her to withdraw $1,400 and they shot her five times in a neighborhood off East Franklin Street.

Lovette was 17 at the time of the crime and therefore is not eligible to receive the death penalty.



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