North Carolina Now; North Carolina Now Episode from 02/24/1995

The TONIGHT learn why they're singing the blues in North Carolina. Good Friday evening I'm Mary Lou Hart sharks sit back and relax we've got some great information to

share with you tonight. We will review the events that took place in the state legislature this week and will discuss a proposal being debated there to shorten the appeals process of criminals on death row. Interesting discussion. Also tonight we'll conclude our look at the Blues in North Carolina. First though to the General Assembly. This week the House continued to move forward on several bills included in the Republican contract. And in the Senate campaign reform was on the agenda. Jane Madden and John basin prepared this report. This week the House Welfare Reform Committee continue to debate a bill which would require food stamp recipients to perform community service in exchange for the stamps they receive. The committee heard from several county social service departments which would have to administer the workfare program a DSS director from Warren County said the cost of transporting food stamp recipients to their community service jobs might be prohibitive in rural counties like his. Another DSS director said the workfare bill would create an unfunded mandate for his county. If you pass this legislation My estimate is somewhere between 150 and

200 Bassam dollars more will be required to staff this program. We should not have forced down local government a mandate without the resources to carry it out and without giving local government the option to choose a program that best meets the needs of their disciplines. The fiscal note on the bill showed its price tag and twenty nine million dollars. The bill sponsor Julia Howard complained that 12 million dollars to provide childcare for mothers doing their community service was wrongly included in the fiscal note. But Representative Toby Fitch pointed out that even without the childcare money the bill still created an unfunded mandate of at least 15 million dollars. Representative Howard said she'd meet with the fiscal research staff to try to ascertain the true costs associated with her workfare bill. A group called North Carolina Women United also questioned some of the welfare reform efforts being debated at the General Assembly. The women presented their own agenda called every family matters and promised to publish periodic report cards on hell bills moving through the legislature will affect families in the state. Like Brenda Summers told lawmakers to rely on facts not myths about welfare

recipients. Myth sees welfare moms dependent on AFDC for a life time when in reality the average time recipients receive AFDC is less than two years. Myth argues that women get pregnant to receive welfare benefits when in reality recipients do not receive much money currently in North Carolina. The average AFDC recipient receives just over six dollars a day per individual for a family size of three. That includes money for food housing clothes and other essentials for daily living. The Republican contract also promises to repeal the state's prison cap and this week a House Judiciary Committee approved a bill to do that in January of 1996. The Senate version of the prison capped legislation sets a September 96 repeal date nine months later than the House bill. By then the Department of Corrections will have enough new prison beds to house the expected influx of inmates. Lifting the cap in January as the House is suggesting would mean sending

the overflow of inmates at taxpayers expense to costly rented cells in other states. But efforts to amend the House bill and extend the repeal date to September drew an angry response from one lawmaker who said waiting until the cap is no longer needed anyway won't satisfy voters and crime victims who've been promised the cap would be repealed it simply I mean that's the only way to put it smoke mirrors I think the attorney general said it just right in his letter to the leadership of both houses it's a shame but Representative Joe Hackney reminded Lamond at the Capitol always been seen as a temporary measure until enough prisons could be built and he suggested that the problem with the January repeal date is millions of dollars to be sent to other states to house our inmates. So I think certainly the back which is smoke and mirrors and which is such a shame. You know it would very well be just hackneys amendment failed and the bill was approved with the January repeal date. It will now go to the House floor for consideration. The Taxpayer Protection

Act is a House bill that attempts to accomplish a real spending reform for the state. It would limit the growth of state spending by linking it to other factors like the state's economic growth and the growth of the population. That bill was approved by the House Finance Committee this week and now moves on to the House floor for debate. A bill that's on the Senate's agenda would change the rules for campaign financing. Currently individual contributors have a $4000 limit for campaign giving. But political parties are exempt from that limit. The Senate bill would give political parties the same limit on their contributions to candidates. It was approved by a Senate Judiciary Committee and now it goes to the full Senate for further discussion. Senator Webb said the bill is needed to try to curb the growing cost of running a campaign or 1976 to run for state the North Carolina Senate on average the figures I've seen in the caves three thousand six hundred dollars. The most recent election I believe is something over thirty five thousand dollars. The bill is seen as a small but important first step in campaign reform. The Senate has already passed two more bills which are included in its legislative agenda this session giving

North Carolina's governor the veto and downsizing the state's Department of Public Instruction are elements of the Republican contract. But both bills were also Senate initiatives and passed in the Senate first. Both are now in conference committees which will try to reconcile the differences between them and the versions of the same bills passed by the house. Another bill making its way through the General Assembly would streamline and shorten the appeals process in death penalty cases earlier this year Kermit Smith was executed for the 1981 rape and murder of a North Carolina Wesleyan college cheerleader. His death by lethal injection came 14 years after his conviction. Governor Jim Hunt has expressed concern about the length of the state appeals process and the attorney general is pushing for legislation to streamline appeals in death penalty cases. Here tonight is special deputy attorney from the North Carolina attorney general's office Mr. Barry McNeil. And Mr. Nelson Ray Hunter Jr. the state's appellate defender and gentleman thank you so much for being here tonight. Mr. McNEIL Let's start with you I understand that there is currently legislation in the

General Assembly dealing with this matter. Tell me exactly what that entails that legislation. There are three main areas I think that that it is addressing and the first is to shorten the time for preparing the transcripts in death penalty cases. Currently the preparation of those transcripts can take considerable amount of time. And we're would like to administrative office of the courts to study the feasibility of using a computer aided transcription type equipment to be able to produce transcripts more quickly. Another important area is to streamline the appeals process particularly the post-conviction process is to set time limits for the filing of what we call in our business motions for appropriate relief and the time that the state would answer that motion for appropriate relief and the time it would be heard at the spirit court level. And another area would be. The informant of procedural default rules at the motion for probate

relief stage I'll say why is this so important that this legislation be enacted is it. I'm hearing a lot about time deadlines time. Is it simply a time issue through the court process. Very much so at present with the seven executions that have occurred in North Carolina since the 1977 death penalty statute came into effect. The average time has been about nine years and one month from the date that the defendant was sentenced until the time the execution was carried out. And we'd like to shorten that process. We think these recommendations will do so down to about six years. Well Mr. Hunter what defender What's your position on this are you opposed to this kind of deadline process now are you in agreement with this. You know I think casts of the deadlines for motions for relief that there are appropriate and I think the most important thing for the people who are on death row and for the lawyers who are representing them is that. They have the resources they need and a fair opportunity in the court room

to prove their case and if they have that then that's all they can ask for and time is not a substitute for that. So in substantial agreement with the recommendations of the attorney general you are in agreement Mr. McNEIL I guess that I'm also curious. You're talking numbers you're talking statistics courtrooms that sort of thing but how long does an average appeal take Did you say nine years earlier. From the time that the defendant is sentenced until the execution is carried out that's what on average is taken in the earlier executions that took place in North Carolina when the neighborhood of 5 years but because of a lot of factors including intervening U.S. Supreme Court decisions that has increased significantly and that's what we'd like to address. Is it tough then let's take it more to the emotional level and that is the family of the murder victim. This is got to be tough on them to not only go through the murder trial but then a lengthy appeals process. Is that considered in this decision and in this legislation as well.

Absolutely in in just about every one of these cases the families are just tortured by the length of time that it takes. And tell us and we'd like to shorten that is considerably as much as we can but at the same time you have to respect the pressers due process rights of the defendant. And I think it is just justice court as I said in the 1034 decision that while due process is the defendant is accused as entitled to due process the accuser is also entitled to due process. And that is the people of the state of North Carolina they're entitled to have this process carried out as quickly as possible. Let's talk due process Mr. Hunter then is convicted a convicted criminal who is going to be sent to death row. Is it a right for him to appeal that conviction. And in fact in North Carolina it's a requirement even if the defendant doesn't want his case reviewed on direct appeal. It must be reviewed on direct appeal and that's because the policy of the state of North Carolina is they only want to have executions in cases where the court has satisfied itself that it's appropriate in that case and that the

trial was conducted in a fair manner. So there we see the rights of the convicted as well. Well I think that's also a right of the state. I mean I think as a citizen most citizens wouldn't be comfortable with. With the executions that are taking place where people aren't satisfied as to whether the procedures that preceded the execution were fair and so I don't think it's just the criminal defendant I think citizens also their rights are being protected. You know a fair proceeding. Well how often are death penalty death sentences then overturned in this appeals process. Well more have been overturned than not in historically in North Carolina. So that this is not a matter where capital defendant goes on appeal and is a wasting time for as long as he can until the inevitable happens. On direct appeal and really at every stage of post-conviction review a North Carolina death row inmates have gotten relief and in fact we

had one death row inmate here in North Carolina Anson Maynard who went all the way through this procedure. The courts didn't find the error but Governor Jim Martin who I don't think anybody would accuse of being a knee jerk a liberal on crime gave him executive clemency because he did not feel comfortable that the death thought was appropriate in his case. So there is a relief given in more of these cases than not. And just quickly Mr. McNeil then who is an opposition to this streamlining the appeals process. To my knowledge there is no vocal opposition yet except possibly the people there in North Carolina that are against the death penalty in toto. OK Mr. McNeil and Mr. Hunter thank you so much for joining us this evening. Another proposal by lawmakers could affect your health care. Michel Louis will have more on that in the rest of the news in just a moment followed by the history of the blues in North Carolina. Don't go away. Right.

Good evening I'm Michel Louis with a review of today's top news stories from around the state. The North Carolina summary a financial condition indicates the state has exceeded projected revenue collections by two hundred twelve million dollars for the first seven months of the current fiscal year compared to last year revenues have increased by more than half a billion dollars. Key elements of the increase which covers July 1994 through January 1995 include two hundred thirty four point two million dollars for individual income taxes. One hundred forty three point seven million

from sales and use taxes eighty seven point six million dollars from corporate income taxes. Twenty eight point six million dollars from privilege licenses and twenty three point one million dollars from the State Treasurer's investment earnings. The leader of a legislative budget subcommittee says you and C should expect to cut jobs and raise tuitions despite you and c system presidency Spangler's pleas to avoid the budget ax Spangler had asked the House to oppose Gov. Hunt's budget plan which calls for the changes. Representative Robert Grady cochairman of the House Appropriations Subcommittee on education indicates that the House will go along with Governor Hunt's proposals to cut jobs in the U.S. the system and raise tuition. The health planning commission is proposing a package of bills to the General Assembly. The package includes a bill that would block insurance companies from denying health coverage under Group Insurance Plans to participants with health conditions. Also included are proposals requiring that malpractise suits be screened by

qualified experts to determine if they have merit. The commission was appointed by Governor Jim Hunt last year during the national debate on health care reform. The standing room only crowd in the house Public Utilities committee agreed on one thing that competition among local phone service providers is healthy. But how that competitive market takes shape is a subject of hot debate. The current bill written by a local telephone companies allows right deregulation to begin July 1st new companies would be able to enter the local service market throughout the coming year. Bill opponents feel the legislation does not include necessary safeguards to ensure free market competition. Wait Hargrove a speak out North Carolina coalition which includes AT&T and MCI warned that the price of a hasty decision could be high if you make the right decision on the complex financial and regulatory and legal legal issues raised by this bill. You'll save the people in North Carolina millions if not billions of

dollars in excessive telephone rates and overcharge. Conversely if you make the wrong decision you'll take millions perhaps millions of dollars from the people in North Carolina. The people you represent and fatten the bank accounts a local telephone company monopolies. There will be a public hearing on the issue next Tuesday evening at 5 o'clock and room 12 28 of the legislative building. It was a blustery day across the state to 175 miles an hour at Grandfather Mountain breaking the record of 173 miles per hour set in 1988. Today skies were sunny or at least partly sunny just about everywhere in North Carolina. The northern mountains had highs only in the upper 30s but everywhere else temperatures were in the 50s and 60s. Tonight skies will be clear statewide and temperatures will be dropping into the 20s and 30s. Tomorrow it will be sunny everywhere

in the Northeast and Northwest corners of the state will be in the 40s. But everywhere else temperatures will be in the low 50s. The U.S. Small Business Administration will visit 14 North Carolina counties to help January's storm survivors get their applications for special low interest loans approved eligible applicants including home renters and nonprofit organizations are not required to make any down payments and are allowed up to 30 years to repay the loans. People borrowing more than $10000 will probably have to use property ass collateral mortgages may be refinanced in the case of heavily damaged homes but owners will have to do the repairs. US B.A. funding will only cover what insurance does not. The State Commerce Department is asking 70 industries to repay the $300000 grant it received from the industrial recruitment competitive fund 70 industries was granted the money last July to develop operations in the Sampson

County town of Turkey. Originally the company planned to invest six point four million dollars to renovate a vacant furniture factory and hire 300 employees. So if it closed its Turkey facility in January after about three months of operation Watts Carr who oversees the competitive fund hopes to entrust other companies in the now renovated facility. Meanwhile a new task force set up by Governor Jim Hunt is expected to recommend additional guidelines for the fund which would allow the Commerce Department to recover grant money easily. If a company does not fulfill its agreement. The National Football League survey has revealed that the cost of Carolina Panthers tickets are the second highest in the league. The Dallas Cowboys has the highest ticket prices. The average ticket price for the Panthers inaugural season will be around $40. This price does not include the cost of permanent seat licenses which run anywhere from six hundred to five thousand dollars. Panther officials say they were not surprised at the steep prices and attribute them to efforts by the team to recoup

costs. Stock prices finished mostly higher today. The Dow Jones Industrial Average gained almost eight and a half points to close at four thousand eleven point seventy four on volume of 304 million shares. The Standard Poor's 500 index gained a point and the Nasdaq composite index lost a fraction. And now for some stocks of North Carolina interest in. The earth

we continue our look at black history and the development of Piedmont style blues in North Carolina in the 1930s and 40s economics and war caused many blacks to leave the South. The Blues traveled along and became interwoven with the black experience nationwide. But here in North Carolina blues music still found a home in factories a field at house parties and on the stage. Producer Steve Channing and correspondent Audrey Bailey take a final look at the Carolina art form. Like many blues musicians in the late 1940s John C. home and switched from acoustic to electric guitar with the sound and the chimes signal much of the future of popular music in America and our decline in the broad popularity of our own style. That includes the following points to

its many forms and places and is celebrated as part of African American culture honored here at Durham's hay Thai Heritage Center. The electric car was only one of the many factors that set the vitality of the blues in the late 1940s and 1950s. Many young men left the community to fight in the war or to find work up north. And those that did return did so with different expectations and tempers. Durham also lost several of us to death and to the lure of New York City where record companies and clubs made it easier for them to make a living. Technology also contributed to the declining popularity of the jukeboxes live entertainment at parties and radio has continued to become more affordable and portable. The places and people connected with germs blues tradition lived on its

custody and the. With Paul

really have to be down a mile you know. Why do they want to go.

From gospel tunes and honky tonk to western swing and rock and roll the blues has had a profound influence on the other types of popular music of the 20th century. And in Durham it speaks directly to the city's industrial and cultural heritage to black achievement and racial tolerance to the past before us. In North Carolina today some of the footage that appeared in the story is from you and see TV's documentary step it up and go if you would like more information about the history of the blues around North Carolina send for our brochure. Include a self-addressed stamped on the love to North Carolina now P.O. Box 1 4 9 0 0 7 7 0 9 dash. Forty nine hundred. We want to hear from you. Simply call our viewer comment line at 9 1 9 5 4 9 7 8 0 8. Or write us at P.O. Box 1 4 9 0 0 RTP NC 2 7 7 0 9.

You can fax a message to 9 1 9 5 4 9 7 0 board 3 or try our Internet address at aol dot com and please give us a daytime phone number in case we need to follow up. A few more things to tell you tonight. A biography on the life of President Emeritus of the University of North Carolina William C. Friday is a recent addition to bookstores around the state. The book is called William Friday power purpose and American higher education. Its author is William a link. The book gives unique insight into the problems challenges and triumphs of running a major university system. And tonight on NC people William Friday will have as his guest historian John Hope Franklin author of the book From Slavery to Freedom. Now coming up next week on North Carolina now we'll explore the process of adopting a child here in our state. We'll take you to the kitchen for a low cal recipe and a discussion on the history of slavery in the south part of our

ongoing look at Black History Month. Hope you have a great weekend and a safe one too. We'll see you back here Monday night. Goodnight everyone.