[Deathpenalty] death penalty news----OKLA., COLO., NEV., CALIF., USA

[Rick Halperin]

Oct. 3


OKLAHOMA:

Oklahoma's Response to Botched Execution: Hide the Next One from the Public


It's a dark day for Oklahoma. That metaphor is particularly apt this week, as 
the Sooner State just redoubled its commitment to keeping capital punishment in 
the shadows by hiding its lethal injection process from public view and 
oversight.

5 months after Clayton Lockett's horrifically botched execution and the state's 
promise to investigate and improve its execution process, the government 
responded yesterday with a brand-new "execution policy" that only makes it more 
difficult for the public to know anything about how the government is carrying 
out the ultimate punishment. No need to read between the lines - the state has 
listed explicit measures to deepen the mystery surrounding lethal injection and 
keep the public at bay.

The policy slashes the number of media witnesses allowed to attend an execution 
from 12 to 5, and it expressly reserves the right to regulate their access on 
the fly. Even crazier, the policy gives the state the power to close the 
execution viewing curtain on a whim, and to remove witnesses - as state 
officials see fit.

"The government took a process already corrupted by secrecy and made it even 
more difficult for the public to know anything about it," said my colleague 
Ryan Kiesel at the ACLU of Oklahoma. That's exactly right - and it's a shameful 
truth that gives the lie to the state's continual references to the ideals of 
transparency.

We remember how the state responded to Lockett's botched execution on April 29 
- with more secrecy. The new execution policy, and its reduction of public 
oversight, will only increase the likelihood of more cruel and unusual deaths 
at the hands of the state.

That day, state employees began the execution by repeatedly attempting to 
insert intravenous lines into Lockett's body. According to the 
state-commissioned autopsy report, they punctured Lockett in his arms, legs, 
feet, and neck more than 15 times before settling on a vein in his groin. On 
its own, that qualifies as barbaric and cruel.

But it got worse.

The physician supervising the process announced that Lockett was unconscious 
and ready to be injected with the two lethal drugs that would actually kill 
him. Unfortunately, these drugs cause excruciating pain if the recipient is 
conscious - and Lockett was. Witnesses reported that he began displaying 
obvious distress: twitching and mumbling. Prison staff reacted by immediately 
shutting out the press by closing the shade that provided witnesses with a view 
of Lockett. 20 minutes later, the execution was "called off," and 10 minutes 
thereafter Lockett died, his last moments seen by no one except state 
officials.

It is sad and wrong that in response to evidence that Lockett's lethal 
injection was cruel and unusual, Oklahoma literally cloaked its execution 
process in secrecy. Unfortunately, it's now clear that response wasn't an 
aberration.

Joining with the ACLU of Oklahoma, we filed a lawsuit on behalf of reporter 
Katie Fretland and 2 news organizations, The Guardian and The Oklahoma 
Observer. We argued that under the First Amendment, the state of Oklahoma was 
prohibited from providing only this form of censored access to executions, 
showing just the noncontroversial parts. The Constitution, and Oklahomans, 
deserve better.

In September, the state filed a brief in our case, fiercely defending its right 
to shroud the death penalty in total secrecy. The state (really) made the 
following breathtaking statement in its filing with the court: "press or public 
access to executions does not play any particularly positive role." Wow.

Well, we can think of some good that came out of the Lockett witnesses' 
presence. For example, how about the fact that the state's official timeline of 
the execution makes no mention of Lockett's consciousness during the lethal 
injection procedure? That inconvenient truth emerged only from reporters - who 
were, fortunately, able to share what they observed before the state scrambled 
to lock down the botched process. But according to the state, we should just 
trust that it's telling the truth - and killing people humanely - based solely 
on its own reports.

The state's brief attracted the media's attention, and for a moment it seemed 
that the state attorney general was backing away from his own office's filing 
in the case. He told reporters: "Media involvement [in executions] is important 
for many reasons, not just constitutional, but to make sure the public is fully 
informed."

But that nod to transparency was short-lived, and it certainly didn't make it 
into any official documents or legal filings. On the contrary: Yesterday the 
state, unbelievably, doubled down.

It is shocking that the state would respond to a seriously flawed execution by 
making future executions less transparent and less accessible. But Oklahoma has 
made it perfectly clear it would like to exercise its greatest power - ending a 
human life - without the pesky oversight of the taxpaying public.

(source: ACLU)

**************************

Death penalty likely in Oklahoma beheading


The chief prosecutor said it is "highly likely" he will seek the death penalty 
for the Oklahoma man accused of beheading a woman co-worker and slashing 
another with a large knife in a gruesome attack at a food processing plant in 
Norman last week.

District Attorney Greg Mashburn said Wednesday he wants to confer with the 
murder victim's family before making a final decision, but he intends to 
prosecute the case to the fullest so the accused is held accountable.

Mashburn also said the initial FBI investigation into the background of the 
assailant turned up no ties to extremist Muslin groups that advocate beheadings 
- such as those carried out recently in the Middle East - even though he was 
heard shouting Islamic phrases during the stabbing.

The motive, Mashburn said, appeared to be his confrontation with co-workers 
over his efforts to convert them to the Muslim faith and his firing based on 
their complaints.

"There was some sort of infatuation with beheadings," Mashburn said. "It seemed 
to be related to his interest in killing someone that way."

Alton Alexander Nolen, 30, has been charged with first-degree murder, attempted 
murder and assault with a deadly weapon in the knife-wielding attack on the 2 
women co-workers at the Vaughan Foods plant in the Oklahoma City suburb of 
Moore. The company's chief operating office, who is also a reserve deputy 
sheriff, stopped the savagery with 2 rifle shots to the assailant's body.

Nolen was transferred from the Oklahoma City Hospital, where he was treated for 
his bullet wounds, to the Cleveland County Jail in Norman Wednesday morning. 
The district attorney said Nolen would be arraigned on the charges promptly.

Colleen Hufford, 54, who worked in the plant's administration office, was 
stabbed to death and beheaded in the attack. She was described by friends as a 
shy person who always wore a smile and loved sports, especially hockey.

Traci Johnson, 43, was stabbed and slashed in the face and neck. She worked on 
the plant floor with Nolen, processing vegetables for shipment throughout the 
country.

(source: CNN)

*************************************

Prosecutor to seek death penalty in Oklahoma beheading case


An Oklahoma prosecutor said Wednesday he will seek the execution of a man 
accused of beheading a co-worker in a fit of rage after being suspended from 
his job at a food processing plant.

Alton Nolen, 30, was ordered held without bond during a video arraignment 
Wednesday from the Cleveland County jail. He's been charged with 1st-degree 
murder in the death of Colleen Hufford, 54, and with 2 counts of assault. 
Prosecutors said Nolen was stabbing a 2nd employee when he was shot by a plant 
manager who stopped the attack last Thursday at the Vaughan Foods plant in the 
Oklahoma City suburb of Moore.

After Nolen's arraignment, Cleveland County District Attorney Greg Mashburn 
told the Associated Press he made the decision to seek the death penalty after 
meeting with the victim's family.

(source: spokesman.com)






COLORADO:

Beauprez, Hickenlooper spar and jab over death penalty


In their 3rd debate, this time at Pueblo's Memorial Hall, the 2 candidates 
tried to stick to their themes. For Hickenlooper, that means insisting that 
Colorado's economy is rapidly improving despite suffering wildfires and floods 
during his 1st term. For Beauprez, it's linking Hickenlooper to President 
Barack Obama and accusing the governor of failing to be a leader.

Beauprez also has gone after Hickenlooper for granting a reprieve from 
execution to inmate Nathan Dunlap, who was convicted of robbing and killing 
employees at an Aurora pizza shop. Hickenlooper supported the death penalty in 
his 2010 campaign.

"There is a legitimate question about whether government should take a life," 
he answered, saying he'd changed his mind about executing Dunlap after learning 
the man was bipolar. Hickenlooper said no other "civilized" nation has the 
death penalty.

Giving Dunlap a reprieve, meaning a temporary stay of execution, meant the 
public could "have that conversation."

Beauprez answered that if Hickenlooper believed the death penalty was immoral, 
he should have given Dunlap clemency, not a temporary reprieve that a future 
governor could revoke. "It's a much more difficult decision than you think," 
Hickenlooper replied.

Beauprez said that if elected, he would carry out Dunlap's execution. There 
only was a smattering of applause.

(source: Pueblo Chieftain)






NEVADA:

Former death-row inmate takes plea deal following appeal


An Elko man, who was on death row for more than a decade, will soon be eligible 
to go before a parole board, having pleaded guilty Tuesday to a lesser offense 
of 2nd-degree murder.

In 2000, former-Carlin resident Kelly Rhyne was convicted of first-degree 
murder for beating to death Donald "Lobo" Brown and stuffing his body in an 
alleyway dumpster. In the punishment phase, a jury sentenced him to death.

But after years of appealing, the Nevada Supreme Court remanded his case back 
to district court in January. Among the arguments, appellate lawyers claimed 
Rhyne's previous attorneys were ineffective.

The appeal also stated Rhyne suffered from schizophrenia and organic brain 
disorder at the time. His court appearances were peppered with strange 
behavior, including mumbled remarks during trial testimony and arguments with 
his attorneys during motion hearings. During a hearing leading up to his trial, 
Rhyne insisted on showing the judge and district attorney his stitched up 
scrotum to prove that he needed a few days to heal.

"The records ... demonstrate that trial counsel had no real experience in 
preparing and presenting mental health testimony," a court document filed by 
Rhyne's appellate counsel states. "Counsel failed to provide their experts with 
appropriate records and information to support their testimony."

Eventually, the case was sent back to district court and a re-trial was 
penciled to begin last summer. Rhyne opted to take a plea deal, copping to 
2nd-degree murder.

In the agreement, prosecutors and the defense will recommend the judge sentence 
Rhyne to serve life in prison with the possibility of parole beginning after 10 
years. Under state law, a judge has 2 options for 2nd-degree murder sentences: 
life or 25 years in prison. In either case, parole eligibility begins after 10 
years served. His sentencing hearing, at which Senior Judge Norman Robison will 
preside, has not been scheduled.

On Oct. 31, 1998, Rhyne met with a local mine employee, James Mendenhall, at 
the Miner's Camp bar in downtown Elko. Brown was inside as well. While there, a 
witness overheard Rhyne tell Mendenhall that he "hate[d] that f---ing guy." 
Mendenhall responded: "Don't do anything in here. We'll wait until he gets 
outside."

The 2 men eventually left, as did the victim.

The next morning, a hotel employee told police 2 people had lifted a body into 
a dumpster near Third and Silver streets. The body belonged to Brown; his head 
had been crushed.

Authorities found the victim's DNA in blood that stained Mendenhall's clothes 
and boots. Small amounts of Brown's blood was on Rhyne's pants, jacket and a 
ring, too.

Police quickly arrested both men. The district attorney, Gary Woodbury, filed 
murder and conspiracy charges, and sought the death penalty.

As the case progressed, prosecutors offered Mendenhall a plea deal to avoid 
trial and the possibility of a death sentence, which he accepted.

Per the agreement Mendenhall offered a written account of the crime. He was not 
obligated to testify against Rhyne, however he chose to.

Trial began March 15, 2000, and prosecutors argued that Rhyne - with 
Mendenhall's help - kicked and stomped to death the victim.

Both suspects pointed the finger at the other. Mendenhall, who pleaded no 
contest to his charges, maintained he was approached by Rhyne that night, who 
demanded he help him dump Brown's body or else risk finding himself next to the 
victim.

Rhyne prepared to call to the stand a former cellmate of Mendenhall's, who 
proposed to testify that Mendenhall had boasted that he killed Brown by 
himself.

After hearing the evidence, a jury returned a guilty verdict to 1st-degree 
murder and conspiracy to commit murder.

Mendenhall was sentenced to life in prison with parole after 10 years and to a 
consecutive 22-month to 8-year term. He was scheduled to go before a parole 
board earlier this year. The Nevada Department of Corrections did not 
immediately respond to questions about the status of his incarceration.

(source: Elko Daily Free Press)

***********************

Death penalty upheld in 2006 Vegas murder


A former California schoolteacher sentenced to death by a jury in 2010 for 
killing his wife in a Las Vegas hotel room had his conviction and sentence 
upheld Thursday by the Nevada Supreme Court.

The 5-2 ruling found that there were no errors that would require a new trial 
or penalty hearing for John Matthus Watson III for the murder of his wife, Evie 
Watson, in July 2006.

Her body has never been recovered, but Evie Watson's DNA was found in a shower 
drain at the Tuscany, in a room she was not supposed to be in as the room he 
rented for them was at Circus Circus.

Prosecutors said at his 2010 trial that Watson rented the room at the Tuscany 
with false identification. It was there that Watson shot his wife and then cut 
her up with a band saw, according to evidence presented to the jury. In letters 
written from jail, Watson admitted to cooking and eating part of the body.

Watson lured his wife to Las Vegas ostensibly to celebrate her 50th birthday. 
In reality, he had been plotting her murder for more than a month because she 
was going to leave him and he didn't want to have to give her 1/2 of the family 
assets, prosecutors said at his trial.

Justices Michael Cherry and Nancy Saitta dissented in part from the majority, 
saying Clark County District Judge Kathy Hardcastle erred by improperly 
defining mitigating circumstances to the jury that could have resulted in a 
lesser penalty.

As a result, the 2 justices said the error affected Watson's substantial rights 
and that he should receive a new penalty hearing.

The dissent noted that Watson presented documentation showing that he had 
suffered from mental illness and had received psychiatric treatment but the 
jury found no mitigating circumstances present. The 2 justices said the jury 
might not have considered it as evidence favorable to Watson because of the 
erroneous jury instruction.

The court majority argued the claim regarding the jury instruction did not 
warrant relief.

(source: Las Vegas Review-Journal)






CALIFORNIA:

Will DA Paul Zellerbach testify in Pinyon Pines case?


Prosecutors are expected make their arguments Friday about why Riverside County 
District Attorney Paul Zellerbach shouldn't testify during a hearing for 2 men 
accused of committing a 2006 triple homicide.

A defense attorney subpoenaed Zellerbach in an attempt to have charges dropped 
against Robert Pape.

Pape and Cristin Smith are accused of killing Jon Hayward, Vicki Friedli and 
her 18-year-old daughter, Rebecca Friedli. They were found dead Sept. 17, 2006, 
in Pinyon Pines.

District Attorney's office spokesman John Hall said Thursday that he would not 
comment.

In a notice for dismissal filed Sept. 10 - before a judge's initial ruling that 
Zellerbach must testify - district attorney officials said a subpoena may be 
quashed if there's no proof that a witness will provide relevant testimony.

They argued that a "highly placed public official should not be required to 
respond to a personal subpoena in his official capacity in the absence of 
compelling evidence."

"At a minimum, (the) defendant should be required to explain why he issued the 
subpoena to DA Zellerbach to testify and how any testimony by DA Zellerbach 
would even remotely relate to the grounds asserted for his motion to set aside 
the indictment," officials said in the notice.

In a motion for opposition filed Sept. 26, Pape's attorney, Richard Blumenfeld, 
countered that the attempt to prevent Zellerbach's testimony is "made in bad 
faith and without substantial justification."

"It is ludicrous to suggest, as do the people, that in this or any other case 
in which his name is prominently displayed in every pleading filed on behalf of 
the people over the signatures of his deputies, that he is somehow beyond the 
jurisdiction of the court," Blumenfeld said in his motion.

In a notice to dismiss charges, Blumenfeld said the prosecution's case is 
"entirely circumstantial and paper thin, and rests in no small part upon 
assumptions and suppositions as to means, motive and opportunity which do not 
withstand scrutiny when measured against the objective facts."

He added the investigation was "aborted within a year or so of the homicides 
and shelved until shortly before the grand jury was convened earlier this year, 
whereupon an indictment was sought against Mr. Pape on the same state of the 
evidence previously rejected by the district attorney."

Pape and Smith were arrested in March. Zellerbach's critics - including the 
Riverside Sheriffs' Association - accused him of using the arrests as leverage 
for his campaign for a second term in office.

Zellerbach denied the accusations. He lost the June election to Deputy District 
Attorney Mike Hestrin.

Rebecca Friedli's body was found in a wheelbarrow about 70 feet north of the 
home, but her cause of death hasn't been determined because she was badly 
burned.

Officials found Vicki Friedli and Hayward inside the charred home. They had 
been shot.

Evidence presented by the prosecution included shoe prints found at the scene 
and the suspects' lack of phone activity during the time of the killings.

The shoe prints came from a pair of Vans shoes - a brand investigators found at 
at least 1 of the suspects' homes - and prosecutors have argued the suspects 
had no phone activity because they were in Pinyon Pines, a mountain community 
with little to no phone reception.

Prosecutors said Becky Friedli invited Pape and Smith to go hiking the day of 
the killings and they had reason to be in Pinyon Pines.

Smith and Pape were arrested March 11.

Pape could be eligible for the death penalty if convicted because he was an 
adult at the time of the killings. Smith - 17 at the time of the slayings - 
faces life in prison without the possibility of parole if found guilty.

Pape and Smith are being held without bail at the Robert Presley Detention 
Center in Riverside. Smith's request to dismiss the charges was denied earlier 
this year.

(source: The Desert Sun)






USA:

Sanders gets death penalty in homicide


A federal jury in Alexandria returned a verdict Sept. 26 imposing the death 
penalty on a Las Vegas, Nevada, man for the kidnap and murder of a 
12-year-old-girl, according to U.S. Attorney Stephanie Finley.

The federal jury decided that Thomas Sanders, 57, should be put to death for 
the brutal kidnapping and murder of Lexis Roberts in the fall of 2010. During 
the penalty phase of the trial, the jury heard from a total of 18 witnesses 
called by the United States and by the defense. The jury determined that a 
sentence of death was appropriate for Sanders after deliberating for 
approximately 7 hours. United States District Judge Dee D. Drell presided over 
the trial. This case represents the first time that the death penalty has been 
imposed in federal court in the Western District of Louisiana.

The penalty phase of the trial began on September 16, 2014, after the same jury 
found Sanders guilty of one count of kidnapping resulting in death and 1 count 
of using a firearm during a crime of violence resulting in death. Jury 
selection lasted 8 days. Then the guilt phase began on Wednesday, September 3, 
and ended on Monday, September 8. The jury returned a guilty verdict after 
deliberating for about an hour.

During the penalty phase, jurors were asked to decide whether Sanders should be 
executed or spend the rest of his life in prison. Evidence admitted during 
trial established that Sanders met Suellen Roberts, 31, in the summer of 2010 
when Roberts rented a storage unit at a warehouse in Las Vegas where Sanders 
worked. Roberts and Sanders began dating, and approximately 2 months later 
Roberts agreed that she and her 12-year-old daughter, Lexis, would go on a trip 
with Sanders over the Labor Day weekend to a wildlife park near the Grand 
Canyon. As they were returning to Nevada after 3 days of traveling, Sanders 
pulled off Interstate 40 in a remote location in the Arizona desert and fatally 
shot Suellen Roberts in the head and forced Lexis Roberts into the car, keeping 
her captive.

Sanders drove several days across the country before he murdered Lexis Roberts 
in a wooded area in Catahoula Parish, Louisiana. Evidence at trial established 
that Sanders shot Lexis Roberts four times, cut her throat, and left her body 
in the woods where a hunter found her body on October 8, 2010. A nation-wide 
manhunt ensued and Sanders was arrested on November 14, 2010, at a truck stop 
in Gulfport, Mississippi, by FBI agents and a Harrison County Sheriff's Deputy.

During the guilt phase of the trial, jurors heard from 16 witnesses who 
described Suellen Roberts' relationship with Sanders, the sequence of events 
that led up to the murder, and how law enforcement established Sanders as the 
killer. Jurors also heard a recorded confession from Sanders in which Sanders 
admitted killing the mother and daughter. Evidence considered by the jury 
established that Sanders shot Lexis Roberts 4 times, cut her throat, and left 
her body in the woods. A forensic analysis determined that Sanders slashed 
Lexis Roberts' throat with such force and violence that the knife left cut 
marks on her cervical vertebra.

Members of Roberts' family testified at trial, including her grandmother, 
grandfather, and great-aunt. Testimony from family members shared with the 
jurors that Lexis was vulnerable and explained the devastating impact that the 
crime has had on their family. Her great-aunt testified that Lexis vacationed 
at her New Hampshire home every summer, with the most recent trip just weeks 
before Lexis was kidnapped and murdered by Sanders. Her aunt testified that 
during Lexis' last trip to New Hampshire, she encouraged Lexis to write in 2 
journals. Pages from the journals were introduced during the penalty phase and 
were considered by the jury. The journals helped establish that Lexis was 
trusting, and in 1 journal she wrote that she believed that nothing bad would 
ever happen to her.

Lexis Roberts' grandfather testified that he encouraged Suellen and Lexis 
Roberts to move from New Hampshire to Las Vegas so that Suellen could find 
better employment. He told jurors that based on what happened to his daughter 
and granddaughter, he now suffers from guilt for encouraging them to move.

The penalty phase of the trial further established that Sanders' crime was the 
result of substantial planning and premeditation and that Lexis Roberts was a 
vulnerable victim. Testimony included that of 2 of Lexis' 6th grade teachers 
from Charles Silvestri Junior High in Las Vegas. Her math teacher told jurors 
that Lexis was extremely shy but very hard working. Her English teacher 
testified that Lexis was sweet and vulnerable. When asked to describe Lexis in 
1 word, she replied "innocent."

"These types of cases are never easy, but today we remember the victims, their 
families and their loved ones. The nature of the crime and the level of 
violence involved are something that we never get used to no matter how long we 
have done this. The severity of the sentence imposed against Sanders 
underscores the senseless brutality of his acts against an innocent 12-year-old 
girl," Finley stated. "Lexis Roberts was needlessly taken from a family that 
loved her, and she was denied the most fundamental right of life, and they were 
denied the joy of knowing what that life could have been. Still, we do not lose 
sight of the fact that this trial and sentencing also represent the right of 
due process that was extended to Sanders, and a jury of his peers has rendered 
justice. Nothing, no trial or sentence, can ever bring Lexis or her mother 
back, but we hope that the verdict brings some measure of closure to Lexis' 
family. The prosecutors and the law enforcement agencies that assisted in this 
case are to be commended for their hard work. The importance of their 
collective efforts cannot be overstated."

"This is a heartbreaking case," said Assistant Attorney General Leslie R. 
Caldwell. "A young girl witnessed the murder of her mother, was held captive 
for days, and had her life cut tragically short by a senseless, brutal murder. 
We hope today's verdict will help Lexis??? family as they continue to struggle 
with the loss of their loved ones."

FBI Special Agent in Charge Michael J. Anderson added, "Our thoughts and 
prayers go out to the family and friends of the victims who have endured 
unimaginable grief while awaiting the just verdict and sentence for such 
horrific crimes."

The FBI, Central Louisiana Safe Streets Task Force, Catahoula Parish Sheriff's 
Office, Harrison County Sheriff's Office, Yavapai County Arizona Sheriff's 
Office, Coconino County Arizona Sheriff's Office, and the Las Vegas 
Metropolitan Police Department conducted the investigation. Assistant U.S. 
Attorney William J. Flanagan, Assistant U.S. Attorney Brandon B. Brown, and 
Trial Attorney Julie Mosley of the U.S. Department of Justice???s Capital Case 
Section prosecuted the case.

(source: hannapub.com)

***************************

Feds seek death penalty for inmate Jesse Con-Ui, accused in correctional 
officer's slaying


The U.S. Attorney's office has filed a notice of intent to seek the death 
penalty in the case of a federal inmate accused of killing a correctional 
officer from Nanticoke in February 2013.

Jesse Con-Ui was indicted by a federal grand jury in June 2013, charging him 
with killing Eric Williams, 34, in a premeditated attack at the Canaan Federal 
Correction Complex near Waymart. According to the indictment, Con-Ui stabbed 
Williams with a sharpened weapon and struck him repeatedly.

FBI interviews of correctional officers indicate Con-Ui had barricaded himself 
in his cell after allegedly attacking Williams.

A capital case

While the government's filing is a significant step, it should not come as a 
surprise.

U.S. District Chief Judge Yvette Kane in May 2013 appointed attorneys for 
"death penalty proceedings" in the case, while Con-Ui was still under 
investigation and before he had been charged.

As early as March 2013 Kane remarked that proceedings against Con-Ui had "the 
potential to become a capital case."

Con-Ui, who is from Arizona, was serving a sentence at the prison in Canaan for 
a 2005 conviction on drug charges. He was indicted in June 2003 along with 6 
other men in Arizona for participating in a drug ring connected to the New 
Mexican Mafia gang. He pleaded guilty to conspiracy to distribute cocaine and a 
firearms charge and received a sentence of 11 years and 3 months.

Con-Ui was to be released from federal custody on Sept. 17, 2012, but still 
faced a life sentence in Arizona for a 1st-degree murder conviction.

(source: Times Leader)



************************

Excluding Blacks from Death Penalty Juries Violates Rights As Citizens


An article in the most recent issue of the Virginia Quarterly Review examines 
the practice of excluding African-Americans from jury service, particularly in 
death penalty cases in North Carolina. In Bias in the Box, Dax-Devlon Ross 
notes, "Alongside the right to vote, the right to serve on a jury is an 
enduring pillar of our democracy....Nevertheless, there is perhaps no arena of 
public life where racial bias has been as broadly overlooked or casually 
tolerated as jury exclusion." Ross traces the history of civil rights 
litigation that secured blacks the right to participate in juries, but he also 
shows the continued use of strategies to remove them from service. In 
particular, the repeal of North Carolina's Racial Justice Act in 2013 removed 
an important protection of equality in jury service. Before the act was 
rescinded, a special court reduced the sentences of 4 death row inmates because 
of patterns of racial bias in jury selection. In one case, a prosecutor's notes 
described potential jurors as "blk wino - drugs" and as living in a "blk, high 
drug" neighborhood. Ross quotes a number of potential black jurors who wanted 
to serve in North Carolina but felt they were excluded because of their race.

The article also recounts the case of Darryl Hunt, a black man who was 
exonerated through DNA evidence in 2003 after spending nearly 20 years in 
prison for a rape and murder. His trial took place in Winston-Salem, whose 
population is about 35% black. However, of the 60 jurors and alternates 
selected in Hunt's 4 trials, only 1 was black.

(source: D. Ross, "Bias in the Box," Virginia Quarterly Review, Fall 
2014----DPIC)