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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsCondemned to Die Because He’s Black
Condemned to Die Because Hes Black
This man could be put to death in Texas literally because he is Black. The judge in the case allowed his race to justify "future dangerousness".
This is lynch law. This is America.
Even one of the trial prosecutors Linda Geffin, is so appalled (because everyone convicted with "future dangerousness" was supposed to get a new hearing) that she started a petition saying he deserves a new hearing. Please sign. 22,636 more signatures NEEDED
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NEARLY 50 years after the end of Jim Crow, African-Americans are still facing execution because of their race.
Duane Buck could end up being one of them. He was convicted in 1997 of the murders of two people in Harris County, Tex., home to the city of Houston. He does not deny his guilt in these terrible crimes, so there is no question that he must be punished. But what happened at Mr. Bucks sentencing hearing is appalling, even for Texas, which was once among the handful of states that led the country in the lynching of African-American men and which is now the countrys most prolific executioner.
During the presentation of evidence at the penalty phase of Mr. Bucks trial when the jury was required to decide between the death penalty and a life sentence the trial prosecutor elicited testimony from a psychologist for the defense indicating that Mr. Bucks race made him more likely to be violent in the future.
The prosecutor asked, You have determined that the sex factor, that a male is more violent than a female because thats just the way it is, and that the race factor, black, increases the future dangerousness for various complicated reasons; is that correct?
Yes, the psychologist, Walter Quijano, answered.
Because a finding of future dangerousness is a prerequisite for a death sentence in Texas, the prosecutor then argued in closing that the jury should rely on that race-based expert testimony to find that Mr. Buck would pose a future danger. The jury accepted the prosecutors recommendation, and Mr. Buck was sentenced to death.
http://www.nytimes.com/2013/08/01/opinion/condemned-to-die-because-hes-black.html
Here is the petition:
In 1997, a jury in Harris County, Texas, sentenced Duane Buck to death. I know because I was one of the prosecutors.
I am speaking out against his execution because the Texas criminal justice system cannot allow considerations of race to be placed in front of the jury, as it was in this case.
The jury was told that Mr. Buck was more likely to pose a future danger to society because he is African American. This inappropriate and offensive reliance on race was so improper that in 2000, the Texas Attorney General said that all seven defendants who had racially inappropriate evidence presented against them were entitled to new, fair, and color-blind sentencing hearings. Mr. Buck is the only one of the seven defendants who has not received a resentencing.
Mr. Buck must be punished for his crime, however, the former Texas Attorney General was correct when he said that it is inappropriate to allow race to be considered as a factor in our criminal justice system. Mr. Buck should not stand alone as the only one of the seven defendants who has not received his new sentencing hearing.
The Harris County District Attorneys Office has a unique moment to demonstrate that Harris County will be guided by equality and justice particularly when the ultimate punishment is on the line.
Read more at: http://www.naacpldf.org/case-issue/duane-buck-sentenced-death-because-he-black
Listen to the surviving victim of Duanes crime explain why she does not want him to be executed:
muntrv
(14,505 posts)Catherina
(35,568 posts)Brigid
(17,621 posts)Egalitarian Thug
(12,448 posts)And Floriduh, and Missouri, and Louisiana, and Illinios, and Tennesee, and Indiana, and Mississippi, and...
This IS NOT America, this is a small and putrid part of America.
But mostly, it's Texas. And in typical Texas fashion, they loudly demand more credit than they deserve on the rare occasion that they are not the very worst while insisting that pointing out the fact that they are the very worst is being bigoted against them.
msanthrope
(37,549 posts)Buck returned to my sister's house three hours later, this time armed with two guns. He kicked the door in, and once inside the house, walked over to the couch where his sister, Phyllis, had been sleeping, and shot her point-blank in the chest. Despite her serious injuries, Phyllis survived.
Buck then shot Kenneth Butler as he was trying to flee from the house. Butler sustained a close-range gunshot wound to the chest and lay dead in the hallway of my sister's home. Three young children - Debra's 13-year-old daughter, 11-year-old son and 12-year-old niece - also were present in the house. They had to step over Butler's lifeless, bloody body to get to a phone and call 911.
Debra ran out into the street, where Buck followed after her with shotgun in hand. Debra fell to her knees and begged Buck to spare her life. The three children stood in the doorway of Debra's residence watching. Shennel, Debra's 13-year-old daughter, ran and jumped on Buck's back, clinging to his neck and shoulders and yelling for him not to shoot her mother.
Both mother and daughter cried and pleaded for Buck to stop. Shennel screamed, "Duane, don't shoot! Duane, don't shoot don't kill my mama!" Buck gazed down at Debra, aimed his shotgun at Debra's chest and pulled the trigger. She fell back in a pool of her own blood, as the three children cried and screamed in shock. After he was arrested and in a police car, Buck smiled and joked, saying, "The bitch got what she deserved."
http://www.chron.com/opinion/outlook/article/Smith-Justice-is-served-in-case-of-Duane-Buck-4663725.php
I can't imagine a Texas jury not giving him the death penalty again, even if his sister (whom he shot) forgives him.
John2
(2,730 posts)accept what this so called expert claims about someone's race or skin color makes them more violent. I would like to see his evidence and research. I think the Academic organizations that accept these views need to be questioned if they do. It is people like him that perpetuates racism. So I would like to see the empirical data or scientific evidence this man came to support his conclusions. We give too many people a pass and hold them as experts without questioning the validity of their statements.
Igel
(35,300 posts)Pages 3-5.
Apparently his appeal was made and denied--repeatedly--on procedural grounds.
Quijano was a defense witness and was brought in to say that Buck wouldn't be a risk if incarcerated.
The prosecution summarized some info and asked Quijano is that was correct. Quijano said yes. And that was the objectionable bit. Defense didn't object.
In closing arguments, defense cited Quijano's testimony for their view. The prosecution also cited Quijano, saying he " 'told you that there was a probability that [Buck]
would commit future acts of violence.'The prosecution made no reference
whatsoever to Bucks race (African-American) or to Dr. Quijanos use of race as
a statistical factor for determining future dangerousness." (pg. 5).
In the following appeal petition this wasn't brought up as a grounds for an appeal, and that barred it from being brough up in successive appeals. Formal reasons always suck when you're on the losing side of them. They often get in the way of justice. But they keep the system from being glutted with useless paper.
Buck wasn't able to show he was innocent of the crime (being found guilty, the burden of proof shifts); nor was he able to show that in the absence of Quijano's testimony he wouldn't have been eligible for the death penalty.
But the most damning bit was that Quijano was a defense witness. In the similar cases, all of which won their appeal and had the death sentence replaced by another punishment, Quijano was a prosecution witness. So the parallel with other cases failed.
SCOTUS refused the appeal. Sotomayor wanted to hear it but the majority said no. On procedural grounds.
He was originally sentenced at least in part because he was black (let's also keep in mind he was found guilty of murder; it's the death sentences versus life in prison that is the issue, and he may still have been sentenced to death). His sentence stays because of his defense attorney's lack of objection and calling Quijano in the first place, as well as overlooking a grounds for an appeal.
struggle4progress
(118,282 posts)By Bob Ray Sanders
Posted Saturday, Jul. 06, 2013
... The case of Duane Buck, who was sentenced to death based on racially biased testimony, is before the states highest criminal court on a habeas corpus petition asking for a new sentencing trial.
The petition ought to be granted ...
... it is what happened at his trial in Houston in 1997 that is cause for alarm, something that the former Texas attorney general, now U.S. Sen. John Cornyn, acknowledged was unfair and impermissible.
During the sentencing phase of the trial, psychologist Walter Quijano answered yes when the prosecutor asked if the race factor, black increased the future danger from a defendant if he were ever released from prison ...
http://www.star-telegram.com/2013/07/06/4984577/race-in-case-stains-texas-justice.html
GiaGiovanni
(1,247 posts)No reputable psychology program would grant a PhD to someone who had that blatant a prejudice.
Bay Boy
(1,689 posts)just a hunch