Race

Two Capital Cases Involving Innocence Claims Resolved Decades After Conviction

This week, two decades-old cases involving men with innocence claims reached final resolution: Louisiana inmate Gary Tyler (pictured) was released after 42 years in prison and Paul Gatling was exonerated in New York more than 50 years after his wrongful conviction. Both men had once faced the death penalty. Tyler was convicted and sentenced to death for the fatal shooting of a 13-year-old white boy in 1974 during a riot over school integration. A white mob had attacked a bus filled with black students, including Tyler. After the shooting, Tyler was arrested on a charge of disturbing the peace for talking back to a sheriff's deputy. The bus and students were searched, but no weapon was found. Police later claimed to have found a gun on the bus during a later search. That gun turned out to have been stolen from a firing range used by the sheriff's department. Tyler was convicted and sentenced to death by an all-white jury when he was 17 years old. His death sentence was overturned after the U.S. Supreme Court ruled Louisiana's mandatory death penalty statute unconstitutional in 1976, and his life sentence was recently overturned after the Supreme Court barred mandatory life sentences for juvenile offenders. Tyler was released on April 29, after the district attorney's office agreed to vacate his murder conviction, allow him to plead guilty to manslaughter, and receive the maximum sentence of 21 years, less than half the time he had already served. Mary Howell, one of Tyler's attorneys, said, "This has been a long and difficult journey for all concerned. I feel confident that Gary will continue the important work he began years ago while in prison, to make a real difference in helping to mentor young people faced with difficult challenges in their lives." On May 2, 81-year-old Paul Gatling was exonerated. Brooklyn prosecutors charged Gatling with capital murder in 1963 despite the fact that he did not fit the description of the killer and no physical evidence linked him to the killing. He pled guilty to second-degree murder after his lawyer told him he would get the death penalty if the case went to trial. Governor Nelson Rockefeller commuted Gatling's sentence in 1974 and he was released from prison, but he continued to seek exoneration, in part, because his conviction prevented him from voting. Brooklyn District Attorney Ken Thompson, whose Conviction Review Unit reinvestigated the case, said, "Paul Gatling repeatedly proclaimed his innocence even as he faced the death penalty back in the 60s. He was pressured to plead guilty and, sadly, did not receive a fair trial.... We're here because Mr. Gatling would not let go of his demand to be deemed innocent." 

Supreme Court to Consider Hearing Texas Capital Case Where Expert Said Defendant Posed Greater Danger Because He Was Black

UPDATE: The Supreme Court docket indicates that its conferencing of Mr. Buck's case, originally set for April 22, has been rescheduled. The Court is now scheduled to considering the case on April 29. PREVIOUSLY: On April 22, the U.S. Supreme Court is scheduled to confer on whether to review the case of Duane Buck (pictured), who was sentenced to death in Harris County, Texas after a psychologist testified that he posed an increased risk of future dangerousness because he is black. In the case, the defense presented psychologist, Walter Quijano, as its own witness, even though he had previously testified in other cases to a supposed link between race and future dangerousness. During cross-examination, the prosecution asked Quijano - without objection by the defense - whether "the race factor, black, increases the future dangerousness for various complicated reasons." Quijano replied, "yes." The prosecution then returned to this race-based testimony during its closing argument in calling for the jury to sentence Buck to death. Buck is one of six defendants who a Texas Attorney General's report identified as having unfair capital-sentencing hearings that were tainted by Quijano's race-based testimony, and the only one to be denied a new sentencing hearing. Courts initially rejected Buck's claim of prosecutorial misconduct for presenting race-based evidence and argument on the grounds that Buck's own lawyer had presented the witness. However, the lower courts then denied relief when he subsequently presented the argument that his lawyer had provided ineffective representation on this issue. The case has attracted widespread attention, and several stakeholders in Buck's case, including the second-chair prosecutor from Buck's trial, former Texas Governor Mark White, and a surviving victim have urged that Buck be granted a new sentencing hearing. Linda Geffin, the second-chair prosecutor, said "The state of Texas can't put Mr. Buck to the ultimate punishment without having a fair, just, color-blind sentencing hearing." A bipartisan group of amici have urged the Supreme Court to grant review of what they called the "noxious and deeply prejudicial use of race" in this case. American Bar Association President Paulette Brown recently wrote in the Houston Chronicle, "Obviously, an odious race-based argument is never acceptable, let alone in a criminal case where the defendant's life is at stake. And a defendant whose lawyer invites such racist testimony not only has a strong chance of being sentenced to death but a strong claim of ineffective counsel." 

American Bar Association Urges Reprieve to Allow Full Investigation of Kevin Cooper's Innocence Claims

American Bar Association President Paulette Brown has sent a letter to California Govenor Jerry Brown urging him to grant a reprieve to death row inmate Kevin Cooper to permit a full investigation of Cooper's possible innocence. The ABA President wrote: "Mr. Cooper’s arrest, prosecution, and conviction are marred by evidence of racial bias, police misconduct, evidence tampering, suppression of exculpatory information, lack of quality defense counsel, and a hamstrung court system. We therefore believe that justice requires that Mr. Cooper be granted an executive reprieve until the investigation necessary to fully evaluate his guilt or innocence is completed." The ABA letter described Cooper's case as "a particularly unique example of a criminal justice system falling short at every stage" and referenced a ruling by the Inter-American Commission on Human Rights that Cooper’s conviction and sentence violated his human rights. Cooper has exhausted all appeals in his case, but evidence that was previously suppressed as a result of official misconduct raises questions about his guilt. New evidence includes a statement by the surviving victim that the perpetrators were white or Hispanic (Cooper is black); police destruction of a pair of blood-spattered overalls before testing could take place; and unreliable forensic testing that may indicate evidence contamination. In 2009, five judges of the U.S. Circuit Court of Appeals dissented from the court's decision to uphold Cooper's conviction, writing, "The State of California may be about to execute an innocent man." The ABA letter agrees, asking Gov. Brown to use his clemency power to review the case: "We request that you grant this reprieve and order a meaningful investigation into Mr. Cooper’s case to prevent the possibility of a miscarriage of justice—one that can never be undone."

Texas Prisoner Seeks Supreme Court Review of Death Sentence Tainted By Racial Bias

Duane Buck, who was sentenced to death after a defense expert witness testified that Buck could pose a future danger to society because he is black, has asked the U.S. Supreme Court to grant him a new sentencing hearing because of his lawyer's ineffectiveness. Buck is one of six defendants whose Texas capital trials were identified by a Texas Attorney General's report as having been tainted by race-based testimony by psychologist, Dr. Walter Quijano. The other five were granted new sentencing hearings after the Texas Attorney General agreed that the “infusion of race as a factor for the jury to weigh in making its determination violated [the defendant's] constitutional right to be sentenced without regard to the color of his skin.” However, after a change in the elected Attorney General, Texas opposed a new sentencing for Mr. Buck. During Buck's sentencing trial, the prosecution asked Quijano - whom it had used as a witness in other cases - if, "the race factor, black, increases the future dangerousness for various complicated reasons." Buck's lawyer did not object, and Quijano replied, "yes." As Buck stated in a documentary about his case, "He was basically saying because you’re black, you need to die. My lawyer didn’t say anything and nobody else, you know, the prosecutor or the judge, nobody did. It was like an everyday thing in the courts." The state and federal courts rejected Buck's prior challenge based on the prosecutor's conduct, suggesting the fault lay with the defense. Buck's attorneys now argue that his trial lawyer's failure to object to Quijano's testimony constituted ineffective assistance of counsel, in violation of his Sixth Amendment rights. The lower courts turned down that appeal as well, and Buck filed this petition for writ of certiorari asking the U.S. Supreme Court to review his case.

Study Finds Disparities in Race, Gender, and Geography in Florida Executions

Florida executions are plagued by stark racial, gender, and geographic disparities, according to a new University of North Carolina study, with executions 6.5 times more likely for murders of white female victims than for murders of black males. (See graph, left. Click to enlarge.). UNC Chapel Hill Professor Frank Baumgartner examined data from the 89 executions conducted in Florida between 1976 - when the U.S. Supreme Court upheld Florida's use of the death penalty - and 2014. Baumgartner found that executions occurred disproportionately in cases involving white victims and victims who were female. While 56% of all Florida homicide victims during that period were white, 72% of all executions involved white victims. Similarly, 26% of all murder victims were female, but 43% of executions involved female victims. 71% of the black defendants executed in Florida had been convicted of murdering white victims. On the other hand, no white person had been executed in Florida for killing a black victim. Baumgartner also found that the state's use of the death penalty was geographically concentrated, with just 6 of Florida's 67 counties accounting for more than half of all executions. More than half of Florida's counties (36) have not produced any executions, and homicide rates were 31% lower in those counties. The study concludes that "factors such as the victims’ race and gender, as well as the county in which the offender was convicted, inappropriately influence who is executed in Florida....These disparities are not measured by a few percentage points of difference. Rather, they differ by orders of magnitude, clearly demonstrating that vast inequities characterize the implementation of capital punishment in Florida."

60 Minutes Profiles Life After Death Row for Exoneree Anthony Ray Hinton

On Sunday, January 10, 60 Minutes aired an interview with Anthony Ray Hinton, who was exonerated on April 3, 2015 after spending nearly 30 years on Alabama's death row. In the interview, Hinton described how issues of race permeated his case. Hinton told 60 Minutes correspondent Scott Pelley about a conversation he had with a police lieutenant after having been arrested: "I said, 'You got the wrong guy.' And he said, 'I don't care whether you did it or don't.' He said, 'But you gonna be convicted for it. And you know why?' I said, 'No.' He said, 'You got a white man. They gonna say you shot him. Gonna have a white D.A. We gonna have a white judge. You gonna have a white jury more than likely.' And he said, 'All of that spell conviction, conviction, conviction.' I said, 'Well, does it matter that I didn't do it?' He said, 'Not to me.'" Hinton went on to explain how he felt about the racial bias in his case: "I can't get over the fact that just because I was born black and someone that had the authority who happened to be white felt the need to send me to a cage and try to take my life for something that they knew that I didn't do." Bryan Stevenson, Hinton's attorney and the executive director of the Equal Justice Initiative, joined Hinton for the interview, and spoke about the systemic issues surrounding the case. "This isn't luck, this was a system, this was actually our justice system, it was our tax dollars who paid for the police officers who arrested Mr. Hinton. Our tax dollars that paid for the judge and the prosecutor that prosecuted him. That paid for the experts who got it wrong. That paid to keep him on death row for 30 years for a crime he didn't commit. This has nothing to do with luck. This has everything to do with the way we treat those who are vulnerable in our criminal justice system."

Harvard Law Professor Chronicles 'The Death Penalty's Last Stand'

In a recent article in Slate, Harvard Law School Professor Charles Ogletree, the executive director of the university's Charles Hamilton Houston Institute for Race and Justice, says "the death penalty is collapsing under the weight of its own corruption and cruelty." He emphasizes the increasing isolation of capital punishment to a few outlier jurisdictions, particularly highlighting Caddo Parish, Louisiana. Caddo Parish received national attention when, shortly after the exoneration of Glenn Ford, who was wrongfully convicted and spent 30 years on death row, District Attorney Dale Cox said the state should "kill more people." Ogletree described the legacy of racial violence and intimidation in the parish, including that Caddo Parish, which has been responsible for 8 of Louisiana's 12 death sentences since 2010, was "the site of more lynchings of black men than all but one other county In America." Until 2011, a Confederate flag flew atop a monument to the Confederacy outside the entrance to the parish courthouse in Shreveport where jurors reported for duty. In 2015, a study (click image to enlarge) found that Caddo prosecutors struck prospective black jurors at triple the rate of other jurors. Ogletree spotlighted a number of questionable death sentences imposed on Caddo defendants who may have been innocent and framed, were intellectually disabled or mentally ill teenagers, or who suffered from serious brain damage and mental illness, and who were provided systemically deficient representation. "Caddo offers us a microcosm of what remains of the death penalty in America today," Ogletree says. 33 jurisdictions have abolished the death penalty or not carried out an execution in more than 9 years. Just six states performed executions in 2015, and three-quarters of the people who were executed last year raised serious questions about mental health or innocence. Death sentences were at a record low (49), and 14, he said, came from two states - Alabama and Florida - that allow non-unanimous jury recommendations of death. Ogletree concludes, "The death penalty in America today is the death penalty of Caddo Parish—a cruel relic of a bygone and more barbarous era. We don’t need it, and I welcome its demise."

AMERICAN VALUES SURVEY: Majority of Americans Prefer Life Without Parole Over Death Penalty

A majority of Americans prefer life without parole to the death penalty, according to the 2015 American Values Survey by the Public Religion Research Institute. The poll of 2,695 Americans found that 52% preferred life without parole, while 47% preferred the death penalty. The poll found that respondents' views on capital punishment tracked their views about racial justice and differed greatly by race. 53% of all Americans agreed with the statement, "A black person is more likely than a white person to receive the death penalty for the same crime," while 45% disagreed. But 82% of blacks and 59% of Hispanics agreed with the statement, while fewer than half (45%) of whites agreed. Only 37% of those who saw racial disparities in the application of the death penalty supported capital punishment, while the death penalty drew support from 59% of those who disagreed that blacks were more likely than whites to receive death sentences. White Americans' views on this question differed greatly by social class, with 54% of college-educated whites saying blacks were more likely than whites to receive the death penalty and 58% of white working-class Americans saying this was not the case. Views about the perceived fairness of the death penalty also split sharply along partisan lines. 64% of Republicans disagreed with the statement on racial disparities, as compared to 28% of Democrats. Independents were evenly divided. Overall, about two-thirds (65%) of Democrats said they preferred life without parole, while 67% of Republicans said they preferred the death penalty.  

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