For the 16th time since a state innocence commission began reviewing cases in 2007, judges have exonerated someone the commission decided was wrongly convicted, according to a news release.

This time, the man being set free from prison is Clarence Roberts, who was convicted on May 5, 2017, after a jury found him guilty of second-degree murder in the June 14, 2013, death of Joshua Council. Roberts, of Fayetteville, was incarcerated for more than eight years.

Council, 22, was fatally shot in the torso at a park on Peachtree Street in Lumberton, according to the Border Belt Independent.

The North Carolina Innocence Inquiry Commission held a hearing on the murder case in August 2023 and voted 6-2 that the case warranted judicial review, referring the case to a three-judge panel.

Judges are appointed by the chief justice of the state Supreme Court, currently Republican Paul Newby. The judges consider evidence at a hearing and vote whether the person is innocent. A unanimous vote is required to dismiss the criminal charges.

The three-judge panel voted unanimously Wednesday that Roberts “had proved his innocence by clear and convincing evidence,” according to a news release from the commission.

Roberts has been exonerated and his immediate release ordered, says the release.

Laura Pierro, the executive director of the commission, said in an email that judges focused on evidence the victim gave regarding the identity of the perpetrator that did not match Roberts.

Johnson Britt served as the Robeson County district attorney during Roberts’ trial. He also served on the commission, having been appointed first to represent prosecutors and then to represent defense attorneys, according to the Robesonian.

Britt is no longer on the commission.

The commission is made up of eight members, appointed by the chief justice of the state Supreme Court and the chief judge of the state Court of Appeals. Members include a superior court judge, a prosecuting attorney, a defense attorney, a victim advocate, a public member, a sheriff and two discretionary members.

Since the creation of the commission, it has reviewed over 3,500 claims of innocence and held 19 hearings, exonerating 16 individuals who collectively spent over 300 years in prison for crimes they did not commit, says the release.

News of this exoneration comes as Republicans in the North Carolina Senate have proposed in its budget to eliminate the commission.

Touching on this, the news release said, “Mr. Roberts’ case evidences the continued benefit the Commission serves North Carolina not only through the exonerations of wrongfully convicted individuals but also in the confirmations of guilt..”

“The Commission’s relevancy has not ceased, yet just as this case was in its final stages, the North Carolina Senate proposed the complete elimination of the Commission. Our hope is that this exoneration highlights the ongoing need for our services as well as the vital importance of our mission. It is imperative the Commission continues to complete the work outlined in our statute as its significantly contributes to the greater good of the criminal justice space as a whole..”

Lawmakers questioned the efficiency of the commission and its record compared to independent groups.

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