Wilmington 10 pardoned by outgoing N.C. governor

Governor of North Carolina Beverly Perdue on January 18, 2009 in Washington, D.C. / Photo by Alex Wong/Getty Images

RALEIGH, N.C. Outgoing North Carolina Gov. Beverly Perdue issued pardons Monday to the Wilmington 10, a group wrongly convicted 40 years ago in a notorious Civil Rights-era prosecution that led to accusations that the state was holding political prisoners.

Perdue issued pardons of innocence Monday for the nine black men and one white woman who were given prison sentences totaling nearly 300 years for the 1971 firebombing of a Wilmington grocery store after police shot a black teenager.

The pardon means the state no longer thinks the 10 — four of whom have since died — committed a crime.

"I have decided to grant these pardons because the more facts I have learned about the Wilmington Ten, the more appalled I have become about the manner in which their convictions were obtained," Perdue said in a news release Monday.

The three key witnesses in the case later recanted their testimony. Amnesty International and other groups took up the issue, portraying the Wilmington 10 as political prisoners.

In 1978, then-Gov. Jim Hunt commuted their sentences but withheld a pardon. Two years later, the 4th U.S. Circuit Court of Appeals in Richmond, Va., threw out the convictions, saying perjury and prosecutorial misconduct were factors in the verdicts.

"We are tremendously grateful to Gov. Perdue for her courage," said Benjamin Chavis, the former national NAACP executive director who was in jail and prison for about five years before his release. "This is a historic day for North Carolina and the United States. People should be innocent until proven guilty, not persecuted for standing up for equal rights and justice."

In addition to Chavis, the surviving members of the Wilmington 10 are Reginald Epps, James McKoy, Wayne Moor, Marvin Patrick and Willie Earl Vereen. Those who have died are Jerry Jacobs, Ann Shepard, Connie Tindall and Joe Wright. Wright was the youngest, arrested when he was 16 years old.

The Wilmington 10 were convicted in October 1972 on charges of conspiracy to firebomb Mike's Grocery and conspiracy to assault emergency personnel who responded to the fire in February 1971.

The trial was held in Burgaw in Pender County after a judge declared a mistrial the first time. A jury of 10 blacks and two whites had been seated in the first trial when prosecutor Jay Stroud said he was sick, and the judge declared the mistrial. At the second trial, a jury of 10 whites and two blacks was seated.

The three key witnesses who took the stand for the prosecution recanted their testimony in 1976. And the prosecutor, Stroud, became a flashpoint for the Wilmington 10 supporters.

In November, NAACP state leaders said they believe newly uncovered notes show Stroud tried to keep blacks off the first jury and seat whites he thought were sympathetic to the Ku Klux Klan.

They showed the notes on a poster board, saying the handwriting on the legal paper appeared to match notes from other prosecution records in the case.

At the top of the list of 100 jurors, the notes said, "stay away from black men." A capital "B" was beside the names of black jurors. The notes identify one potential black juror as an "Uncle Tom type," and beside the names of several white people, notations include "KKK?" and "good!!"

Stroud told the StarNews of Wilmington that he wrote the notes but declined to confirm that to the AP.

"This conduct is disgraceful," Perdue said of the notes. "It is utterly incompatible with basic notions of fairness and with every ideal that North Carolina holds dear. The legitimacy of our criminal justice system hinges on it operating in a fair and equitable manner with justice being dispensed based on innocence or guilt — not based on race or other forms of prejudice."

[Weallhaveone]

The south just is so behind the rest of the world.

[displeased2]

Center-Right, any region that is described as the Bible Belt is behind the rest of the developed world.

[canislupus16]

"The Southern 13 states are the fastest growing states in terms of ... pure human weight per person.

[Bob Fitz]

Gov. Perdue did exactly the correct thing here. It's ghastly that so many of the wrongly convicted spend so much time in prison. The governor showed that she has backbone and the Ten are now exonerated. Sad to say though that there are still some courts in the country that will provide false information to get a conviction against innocent people. It is a rare day when a prosecutor admits that he/she was wrong.

[cbs_bull]

"Two years later, the 4th U.S. Circuit Court of Appeals in Richmond, Va., threw out the convictions, saying perjury and prosecutorial misconduct were factors in the verdicts."

If the convictions were already thrown out, they are no longer criminals. Why do they need to be pardoned? Can someone help me to understand this here(I didn't study laws.)? Thanks.

[cbs_bull]

Thank you, BWB2020.

I was confused "convictions overturned" with "acquitted".

Yes, I agree with you. Those people or the families should be compensated if new evidence showed the state was wrong to put them into jail 40 years ago. Gov. Perdue at least moved a step in the right direction.

[Ulgnud]

I read the comment and the thread on it. Something is still not right. If the convictions were overturned by a higher court (Assuming all charges resulting in conviction were included) then the conviction is nullified. That means their status changed from convicted felons to being accused and awaiting trial. That should also mean an immediate new trial since the US Constitution requires a fair and speedy trial to the accused. If the courts declined to retry them than they should have been released. Not incarcerating these people for years afterwards with no action to correct the error of the convicting court.

[CuriousServant]

It is a shame it took this long.

[RetiredArmy_Nurse]

Truly a woman of conscience. We cannot change the past sins of our nation, but we can go forward honorably. It's too bad this governor is on her way out. We need more statesmen of her caliber in office.

[john92021]

pardons of innocence, isn't that an oxymoron? Governors can pardon people but cannot exonerate them, the judicial system must do that.

[john92021]

you don't think your "news" should be fact based? A pardon is forgiving a crime you have done. You accept a pardon, you admit to the crime. Here they are innocent and need to be exonerated by the system that found them guilty.