Texas Court Rejects Appeal Of Death Row Inmate After Testimony That Blacks Are More Dangerous
A Texas appeals court declined to allow a new sentencing hearing Wednesday for an African American death row inmate whose initial hearing featured testimony by a psychologist that blacks are more likely to commit crimes. In 2000, when the psychologist’s comments were first reported, then-Texas Attorney General John Cornyn declared that the state would not stand in the way of a new sentencing. But while Duane Buck has since averted execution, Texas courts have denied several motions to reconsider his case, and he remains on death row.
The exchange came about as follows. Dr. Walter Quijano was testifying about Buck’s future dangerousness — a factor in determining whether a defendant will be sentenced to jail time or death. On cross-examination, the following exchange occurred:
PROSECUTOR: “You have determined that . . . the race factor, black, increases the future dangerousness for various complicated reasons; is that correct?”
Quijano: “Yes.”
The prosecutor again invoked Quijano’s discriminatory testimony during closing argument to suggest that Buck should be sentenced to death. Other Texas inmates have been granted new sentencing hearings because of similar comments by Quijano.
http://thinkprogress.org/justice/2013/11/21/2976041/texas-court-wont-hear-appeal-inmate-sentenced-death-testimony-blacks-dangerous/
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