WILSON, N.C. – The U.S. Court of Appeals for the Fourth Circuit has agreed with The Duke Law Innocence Project's assertion that it's unlikely jurors would have convicted Charles Ray Finch of the 1976 murder of Richard "Shadow" Holloman if they had known about flaws in the police lineup and witness pressure from prosecutors.

The three-judge ruling returned the case to the North Carolina-based federal court with a unanimous opinion that Jim Coleman, attorney for Finch and head of Duke University's Wrongful Conviction Clinic, says proves that past death penalty cases deserve a second look.

"On one of our principal issues, which is that the lineup from which Mr. Finch was identified was extremely suggestive,” he states, “the Court of Appeals agrees with that and held that it likely violated the Constitution."

Advocates say Finch narrowly escaped death. The investigation led to an eyewitness who admitted to being influenced by the prosecution.

After the conviction, Finch was sentenced to execution in the gas chamber on Oct. 4, 1976, the same day the U.S. Supreme Court ruled that North Carolina's mandatory death penalty law was unconstitutional.

Kristin Collins, a spokeswoman for the Center for Death Penalty Litigation, says Finch's case isn't the first time mistaken identity has led to sentences of death or life in prison.

"There are people still on death row today who are there largely because one person identified them as the person they saw,” she points out. “Those were identifications that were often done in questionable ways before we had laws that tried to prevent mistaken identifications and actually wouldn't be legal according to today's standards."

Advocates say that if prosecutors look at the federal court's opinion and the evidence, litigation won't be necessary for Finch to be freed.

Coleman says since Finch has spent more than 42 years of his life in prison, he plans to approach North Carolina Attorney General Josh Stein to help with the 80-year-old's immediate release.

"Our intent is to now go to the attorney general to join us in asking the federal district court to grant the writ of habeas corpus, agree that the conviction violated the Constitution, and to immediately release Mr. Finch from prison," he states.

According to the center, 92 percent of cases were tried before 2008 reforms designed to prevent mistaken eyewitness identifications.

The new laws set strict standards for eyewitness lineup procedures.


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There are more than a dozen state and federal prisons in Central Appalachia, with some located in remote areas of West Virginia.

Connie Banta, board member of the Appalachian Prison Book Project, said the rural facilities face challenges in providing educational opportunities to incarcerated people. Her organization has donated more than 75,000 books to prison libraries in the region over the past two decades.

"Reading is one of the ways that people keep themselves healthy, both physically and mentally," Banta explained. "We feel like it's a basic human right that people have access to information and literature."

According to a report from the group PEN America, prison libraries are less funded than public school and community libraries and lack the resources needed to purchase books. Those available tend to be mostly westerns and romance novels.

The number of people held behind bars in West Virginia has jumped by more than 400% since 1970, according to the Vera Institute of Justice.

Banta emphasized reading can help people move forward in their own personal journey as they reenter society.

"We get many letters from people talking about how much it means to them that people who could be doing all kinds of other things take the time to mail them books," Banta reported.

"This Book Is Free and Yours to Keep: Notes from the Appalachian Prison Book Project" was recently selected by the Appalachian Studies Association for the 2024 Weatherford Award in Nonfiction.


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A Minnesota proposal is in the works that supporters say would end forced labor in correctional facilities.

They note the 13th Amendment was adopted nearly 160 years ago, but believe a form of slavery is still present in America's prisons. Advocacy groups point to wording in the Minnesota Constitution that there should be no slavery in the state, with exceptions for punishment for a crime. They say incarcerated people are exploited by having to work for 50 cents an hour, providing them little money to pay victims back, support their families or have resources to rebuild their lives post-release.

Aaron Ernst, who served time in Minnesota, said this overshadows other reforms.

"The rehabilitation part is kind of there," he said, "and then the reconnection to the community is just nonexistent."

While incarcerated, Ernst said he was outsourced for municipal work but would have had a hard time landing that same job after his release. The End Slavery in Minnesota Coalition is working with lawmakers on a bill for next year's session to classify these individuals as legal workers with specific rights. There are similar efforts elsewhere, but advocates say Colorado's reforms haven't ended the practice there.

By not providing a minimum wage, said David Boehnke, the coalition's lead organizer, they estimate the current pay structure in prisons steals $100 million each year from the poorest Minnesotans.

"If we want a safety system and not a slavery system, this is how we get it - we give people basic rights and basic wages," he said. "That lifts up their whole communities, and that allows people to repair harm they've caused in a meaningful way."

Groups pushing for change add that the longstanding effects of slavery are still found in incarceration numbers. Nearly 40% of people held in Minnesota prisons are Black - despite representing less than 8% of the state's overall population.

In a statement, the Department of Corrections said it's committed to providing work experiences for incarcerated individuals that improve fundamental skills and can lead into opportunities for more technical training. It said that can help create a successful re-entry.


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With demand for assistance dogs on the rise, people in two West Virginia prisons are getting involved in their training.

At Saint Marys Correctional Center and Lakin Correctional Center in West Columbia, incarcerated men and women can participate in the paws4prisons® program, learning how to train assistance dogs. They begin by teaching basic and advanced commands to rescue dogs, then graduate to training assistance dogs which learn around 100 commands.

Amanda Rubenstein, associate superintendent of programs for the West Virginia Division of Corrections and Rehabilitation, said the dogs have an effect on everyone around.

"Even the facilities in general, the other inmates that aren't in the program have so much respect for it," Rubenstein observed. "We have inmates that haven't petted dogs in years that come here, you know, 'Oh my gosh, there's dogs in prison.' They may not want to be a part of the program, but they love interacting. They love the mission."

She noted the dogs go everywhere in the facility with their handlers and sleep in kennels next to their beds.

Recent research shows veterans with Post-Traumatic Stress Disorder have seen their symptoms reduced, reporting lower rates of depression and anxiety after three months with a service dog. Incarcerated people often suffer from PTSD and Complex PTSD. Research also suggests prison-based dog training programs help people involved feel hope and develop a number of life skills.

"It teaches them responsibility, how to be better mothers, fathers, better family members, better citizens overall," Rubenstein outlined. "I think that responsibility aspect, and then, just the feeling of normalcy again for them."

paws4prisons® is an offshoot of paws4people®. They train Labrador Retrievers, Golden Retrievers and a mix of the two breeds known as Goldadors. Dogs begin training at around 5 months old. Trainers have weekly meetings by phone and video conference with paws4people® staff. Incarcerated people must apply to join the program, and given the amount of training involved, Rubenstein stressed they seek candidates who have enough time.

"We also look at inmates that are going to be incarcerated a little longer, because the academics last anywhere from six to nine months," Rubenstein explained. "We want to make sure they have time to complete that and then use those skills that they learned in academics. I prefer someone that has at least 18 months before they see the parole board or discharge."

She added assistance dog training takes between a year and 18 months.


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