The capital convictions of dozens of people from Alameda County, California are coming under legal scrutiny because of an accusation that Jews and black women were excluded from juries in capital trials in the county as “standard practice.” The practice was revealed in a sworn declaration by former Alameda prosecutor John R. Quatman in the habeas corpus proceedings of Fred Freeman, a man on California’s death row who is seeking to have his conviction overturned. Quatman noted that the judge at Freeman’s trial, Stanley Golde (pictured), advised him during jury selection that “no Jew would vote to send a defendant to the gas chamber.” Quatman stated that the practice of excluding such jurors also extended to black women. Judge Golde, who died in 1998, presided over more death penalty cases in Alameda County than any other judge. There are 44 people from Alameda County on California’s death row.

Attorneys representing Freeman on appeal reviewed the jury selection in 25 of Golde’s capital trials from 1984-1994. Their research found that 12 people who identified themselves as Jews were called to the jury box and that the prosecution rejected all 12. In addition, the review revealed that 17 people who had surnames perceived as Jewish were also called, with the prosecution excluding 15. Overall, the jury selection examination found non-Jews excluded at a rate of 49.97%, and Jews and people with Jewish surnames excluded at a rate of 93.10%. “It is highly likely that this is going to be a recurring problem for Alameda County cases, and it could show up elsewhere. Legal arguments are not a fad for capital defendants. They are used until the law is settled,” said Nathan Barankin, a spokesman for the state attorney general’s office. (New York Times, March 15, 2005). See Race.