'News & Observer' Sues NC Gov. Over Clemency Files

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By: (AP) The News & Observer Publishing Co. has sued Gov. Mike Easley seeking disclosure of records from clemency decisions for death row inmates and criminals seeking a pardon.

The lawsuit was filed Tuesday in Wake County Superior Court. It seeks access to any documents Easley uses to reach a decision and asks the court to formally declare them public records.

Melanie Sill, the newspaper's executive editor, compared the issue to open courtroom proceedings, saying it was too important a decision to be secret.

The newspaper filed suit after the governor declined to release the records. The lawsuit has not changed the governor's mind, said Andrew Vanore, one of Easley's attorneys.

Under the state constitution, governors have the power to grant reprieves, commutations and pardons for all offenses except for impeachment. State law requires each application for a pardon to be made in writing and to be signed by the applicant.

The applications must also say why the pardon should be granted and be accompanied by a copy of the indictment, verdict, and judgment of the court in the case.

Easley's office releases applications for clemency, the names of the people supporting the bid for clemency and any documents granting clemency.

He keeps confidential letters of support or opposition to an application for clemency and other related records. The News & Observer has asked for access to all of these documents for several years.

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