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ACLU: Death qualification would violate Raleigh man's constitutional rights

Brandon Hill is accused of shooting and killing a man at a Raleigh motel in 2016. But Hill's attorney said a death penalty case would violate Hill's constitutional rights.

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RALEIGH, N.C. — The American Civil Liberties Union is seeking to bar death qualifications from jury selection in a Wake County case.

Brandon Hill is accused of shooting and killing a man at a Raleigh motel in 2016. But Hill's attorney said a death penalty case would violate Hill's constitutional rights.

Raleigh police said Hill was caught on camera killing 28-year-old Dwayne Garvey on Dec. 3, 2016. Hill was charged with first-degree murder, and Wake County ultimately decided to pursue a capital case against him.

With Hill set to go to trial as soon as September, his attorneys with the ACLU are trying to throw out the case before it begins.

In a courtroom on Wednesday, Hill's attorneys argued a motion that historical discrimination in how juries are selected for capital cases would cause Hill's sixth amendment rights to be violated.

Attorneys said the issue is the death qualification, which means potential jurors can be removed if they state that they oppose the death penalty.

The ACLU said a study shows in the past 10 capital cases in Wake County, potential Black jurors were eliminated twice as often as white jurors, and Black women were eliminated more than any other.

The study found that death qualifications created less diverse juries, which were more likely to condemn a defendant to death.

In response, Wake County District Attorney Lorrin Freeman defended the county's jury selection practices, saying it's false to suggest there is a systematic effort to exclude individuals from serving as jurors based on race, gender or other categories.

The hearing will pick back up on Wednesday where a judge will either side with the ACLU and bar the death disqualification, but allow the capital case precede.

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