MEMORABLE QUOTE:
"This stereotype, that black men are more dangerous, is animating our entire public discussion these days. It's now up to this court to say, that's enough," said Kathryn Kase of the Texas Defender Service. She said the Supreme Court should send a clear message that appeals to racial prejudice have no place in the criminal justice system. A decision is expected sometime before late June."
STORY: "Duane Buck Case: Supreme Court Considers Role of Race in Sentencing," by reporter Pete Williams, published by NBC News on October 5, 2016.
PHOTO CAPTION: "Nearly
two decades after a Texas jury sent Duane Buck to death row for killing
two people, including his ex-girlfriend, the Supreme Court is being
asked to look at whether his sentence was tainted by testimony referring
to his race."
GIST: "For nearly 14 years, Duane Buck has been
challenging his death sentence as based in part on racial prejudice,
because of a psychologist's testimony that he was more likely to be a
future danger because he is black. On Wednesday, the U.S. Supreme Court appeared willing to give him another try. A majority of the justices expressed concern
that Buck's own defense lawyer, not the prosecutors, introduced the
racially charged testimony during his trial. "It would seem more prejudicial when the
defendant's own lawyer brings it up. The jury would probably think, then
it must be true," said Justice Elena Kagan. "Doesn't it show how abysmal his counsel was?" asked Justice Ruth Bader Ginsburg.
Buck's lawyers are not challenging his
conviction, but they are seeking another chance to argue that he should
not get the death penalty. A few weeks after breaking up with his
girlfriend in 1995, Buck barged into her Texas home with a shotgun and a
rifle. He wounded his step sister, killed another man who was in the
house, then followed his former girlfriend outside and killed her in
front of her children. At the sentencing hearing, Buck's own lawyers
called a former prison psychiatrist, Walter Quijano, to assess his
future dangerousness. He would be unlikely to be violent in the future,
Quijano said, but Buck's race "increased the probability" of future
violence. "It's a sad commentary that minorities —
Hispanics and black people — are over-represented in the criminal
justice system," he said. Future dangerousness is one of the factors a Texas jury must unanimously find before a defendant can be sentenced to death.........During Wednesday's Supreme Court argument,
lawyers for the state downplayed the significance of the psychiatrist's
testimony, which said Buck presented a low likelihood of future
dangerousness. They also argued that Buck cannot show a
"substantial likelihood" that a jury would have reached a different
conclusion without the discredited testimony about race, which the state
said was a precondition for a new round of appeals. Evidence of his
future dangerousness, including "the horrific facts of the offense" and
Buck's lack of remorse, was overwhelming, said Scott Keller of the Texas
attorney general's office. "This stereotype, that black men are more
dangerous, is animating our entire public discussion these days. It's
now up to this court to say, that's enough," said Kathryn Kase of the
Texas Defender Service. She said the Supreme Court should send a clear
message that appeals to racial prejudice have no place in the criminal
justice system. A decision is expected sometime before late June.
The entire story can be found at:
http://www.nbcnews.com/news/us-news/duane-buck-case-supreme-court-considers-role-race-sentencing-n659556
PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/
Harold Levy. Publisher; The Charles Smith Blog.
The entire story can be found at:
http://www.nbcnews.com/news/us-news/duane-buck-case-supreme-court-considers-role-race-sentencing-n659556
PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/
Harold Levy. Publisher; The Charles Smith Blog.
