April 1
TEXAS:
Prosecutor Seeks Stay of Execution for Texas Prisoner Duane Buck, Sentenced to
Death for Being Black
Linda Geffin, was the 2nd-chair prosecutor who helped win the death sentence
for Duane Buck in 1997. She now opposes Buck's execution. She is currently
senior assistant prosecutor in the Harris County attorney's office.
Christina Swarns, is part of Duane Buck's legal defense team and is the
director of the NAACP Legal Defense Fund's Criminal Justice Project.
Although Duane Buck's guilt is not in question for the 1995 murder of his
former girlfriend Debra Gardner and her friend Kenneth Butler, critics say
jurors in his case were led to choose a death sentence over life without parole
based on testimony of a state psychologist who argued that African-American
criminals are more likely to pose a future danger to the public. We're joined
by 2 guests: Linda Geffin, the 2nd-chair prosecutor who helped win Buck's death
sentence in 1997, but now opposes his execution, and Christina Swarns, an
attorney with Duane Buck's legal defense team and director of the NAACP Legal
Defense Fund's Criminal Justice Project.
AMY GOODMAN: We continue to look at Texas now, turning to a man facing
execution there despite concerns he was sentenced to death because he's black.
Although Duane Buck's guilt is not in question for the 1995 murder of his
former girlfriend, Debra Gardner, and her friend, critics say jurors in his
case were led to choose a death sentence over life without parole based on
testimony of a state psychologist who argued African-American criminals are
more likely to pose a future danger to the public. At a sentencing hearing in
May 1997, Walter Quijano, a former chief psychologist for the state prison
system who had evaluated Buck, testified, in part, that, quote, "It's a sad
commentary that minorities, Hispanics and black people, are overrepresented in
the criminal justice system," unquote.
In 2000, then-Texas Attorney General John Cornyn said Buck's sentence and [5]
other cases merited re-examination because of racially charged statements made
by Quijano. But unlike all 5 of the other cases, Buck's case was never
reopened. Now the district attorney in Harris County has vowed to set an
execution date within 30 days if Duane Buck loses his final appeal, which could
be decided any day now. Last week, a statement calling for a new sentencing
hearing for Buck was delivered to the Harris County district attorney, Mike
Anderson, by Mark W. White Jr., former Texas governor in the '80s who oversaw
19 executions but opposes Buck's killing.
For more, we go to Houston, where we're joined by Linda Geffin, 2nd-chair
prosecutor who helped win the death sentence for Duane Buck in '97. She now
opposes his execution. She is currently senior assistant prosecutor in Harris
County attorney's office. And here in New York, we're joined by Christina
Swarns, attorney who's part of Duane Buck's legal defense team. She is the
director of the NAACP Legal Defense Fund's Criminal Justice Project.
We welcome you both to Democracy Now! Linda Geffin, let's go to you. You helped
convict Duane Buck. He ended up with the death penalty, being sentenced to
death. Why have you changed your view on his case right now?
LINDA GEFFIN: 14 years after the trial, I saw on the Internet the offensive
testimony in black and white. And when I had the opportunity to read it and to
really absorb what it was saying, it was so - I had so much clarity that it was
racially offensive, it was egregious, and it was error. So I emailed Mr. Buck's
lawyer and asked how I could help.
AMY GOODMAN: Talk about what that quote was. I'll read a comment Dr. Quijano
made to The New York Times. He said, quote, "I was asked a question whether
there is a relationship between race and violence or dangerousness. The
literature suggests that there is a correlation. So I had to say yes." He
added, "It's not because of the blackness of the person that is causing the
violence. It is what goes with it. Poverty, the exposure to lack of education,
exposure to criminal elements." Let's go to our guest right here in New York,
Christina Swarns. Your response to that?
CHRISTINA SWARNS: Well, I think Dr. Quijano made quite clear that what he
believed and what the state was looking for him to say was that because Mr.
Buck was and is African American, he posed a future danger to society. And the
prosecution, in cross-examination, elicited that testimony. They then went on
to argue specifically that point during closing argument. What the prosecutor
said in closing was: Dr. Quijano testified that he would pose a future danger,
and that - on that basis, you should find that he is a future danger, and he
should be sentenced to death. I would go on to say that, as The New York Times
reported, Dr. Quijano's opinion, of course, about this is false: There isn't a
real connection to support a future dangerousness finding.
AMY GOODMAN: Now, explain, Linda, in Houston, Texas - can you explain what it
is that happened, that 6 cases where Quijano's testimony was involved were all
re-evaluated; 5 of them, those prisoners who were on death row, ended up with
life without parole, except for the case of Duane Buck? What happened?
LINDA GEFFIN: It appears that then-Attorney General John Cornyn became aware of
the racial bias that had infected these cases, and he ordered a review of all
of these cases that Dr. Quijano testified in. And each case, he gave an opinion
that they need a resentencing hearing. And all of them received their hearing
except for Mr. Buck. And it's likely, or it seems probable, that that happened
because AG Cornyn was at the end of his term. He went on to do other things.
The next AG, Greg Abbott, came in and -
AMY GOODMAN: AG Cornyn, of course, is the current senator from Texas, John
Cornyn.
LINDA GEFFIN: That is true. That is true. And the current AG, Greg Abbott, did
not grant the resentencing or recommend the resentencing hearing. It clearly
looks that Mr. Buck's case fell through the cracks, which is even more
egregious when it's a capital case. No case, no individual, no defendant should
ever fall through the cracks of the criminal justice system, but when the
ultimate punishment is on the line, it is morally reprehensible.
AMY GOODMAN: I want to read from a summary of a study by criminologist Raymond
Paternoster that documented racial disparities in Harris County death penalty
cases at the time Duane Buck was sentenced to death. He said the likelihood
that the district attorney would pursue the death penalty against African
defendants was about twice as high as for white defendants, and that, quote,
"the probability that a jury would impose a death sentence was .33 in white
defendant cases and increased to .438 for Black defendants," 1.3 times higher
than for white defendants. Christina Swarns, your response?
CHRISTINA SWARNS: Yeah, absolutely. I think that what we found was that the
incidence of Dr. Quijano in presenting racially biased testimony at this trial
was part of a - it seems to be part of a larger culture. Professor Paternoster
found that the Harris County district attorney's office was 3 times more likely
to seek death for African-American offenders like Mr. Buck than they were for
similarly situated white offenders, and that Harris County juries were twice as
likely to sentence African-American offenders like Duane Buck to death relative
to similarly situated white defendants. So it's clear that this was sort of a
larger pattern of discrimination against African Americans coming out of Harris
County. And I would say that that's also further supported by the history in
the county. We know that the Harris County district attorney's office
disproportionately excluded African-American prospective jurors also at the
time of Mr. Buck's trial. So, there's a lot of evidence, really, of
discrimination against African Americans by that office at the time of Mr.
Buck's trial.
AMY GOODMAN: I want to play a comment from Phyllis Taylor, Duane Buck's
stepsister. She has forgiven Buck for shooting her on the same day of the
murder of his ex-girlfriend and her friend and has called for his life to be
spared. In this clip, she describes a recent visit she made to Duane Buck.
PHYLLIS TAYLOR: He came down from death row to receive his lethal injection
sentencing at the county jail. And his sister Monique and I went to visit, and
I had a wonderful visit with him. I let him know that, through everything that
had happened, I found forgiveness within my heart. I went to church, and I
prayed, along with family members and my pastor, until I found it in my heart
to forgive. So, when I was able to talk back with him or through letters of
writing, then I let him know that he was forgiven through Christ.
AMY GOODMAN: That is Duane Buck's stepsister, Phyllis Taylor. The significance
of this, Linda Geffin in Houston, of 1 of his victims - she wasn't killed -
forgiving him?
LINDA GEFFIN: I think it's unprecedented. It's huge. Most victims and victims'
families of these types of crimes are often out for revenge. But the fact that
she was shot in the chest, recovered and has found it in her heart to forgive
him is extremely significant.
Look, Harris County has the unfortunate reputation of being the death penalty
capital of the world. Now we have a golden moment for Harris County to stand
for justice. Phyllis Taylor has forgiven him. There are many elected officials
and people in this community who are supporting the new resentencing hearing.
Clearly, as you said at the top, that we're not asking for him to be released -
that's silly - just a new color-blind resentencing hearing.
AMY GOODMAN: I want to go to The Texas Tribune. I want to talk about his
lawyer, Duane Buck's lawyer. They said, "Jerry Guerinot is a Texas public
defender noted for his involvement in numerous death penalty cases. In total,
Guerinot has represented 39 clients facing capital punishment, of which 20 have
received the death sentence. His record has attracted significant media
controversy [concerning] his ability and the number of cases he was allowed to
take on. However, Guerinot has maintained that judges routinely assigned him
the most difficult and horrific cases, often involving multiple murders or the
murder of a child. He has been dubbed the 'death penalty express,' 'America's
most lethal attorney' and the 'undertaker for the state of Texas' by various
media outlets." You were up against him, Linda Geffin, in this case, as you
prosecuted Duane Buck. Your response to his representation in the original
trial?
LINDA GEFFIN: I can???t comment on the comments in The Texas Tribune. I know
that he's a very effective attorney. He had a co-counsel in that case. And I do
believe he is frequently appointed to death penalty cases. Here in Harris
County, you have to qualify to represent a defendant on a capital case. And
he's an effective attorney.
AMY GOODMAN: He gained international notoriety in 2009 when his client, Linda
Carty, a British citizen charged with murder and sentenced to death, appealed
her case to the Supreme Court, claiming incompetent legal counsel. According to
a report in The New York Times, Guerinot met with her once for only 15 minutes
before her trial. The case involving Carty drew much attention about Guerinot's
career. He no longer handles capital punishment cases. However, the Houston
Chronicle reported Guerinot handled more than 2,000 criminal cases between 2007
and '08 - more than 12 times the caseload limit accepted by the National Legal
Aid and Public Defender Association. Christina Swarns, can you comment further?
CHRISTINA SWARNS: Yeah, I think it's quite clear that Mr. Guerinot provided Mr.
Buck with inadequate representation in this case. Obviously, this is a man that
stood by and allowed testimony suggesting that his client's race formed the
basis, an appropriate basis, of a finding -
AMY GOODMAN: He brought that - that psychologist onto the stand, right?
CHRISTINA SWARNS: He did. And then when the state elicited this specific link
on cross-examination, he did not object. You know, he allowed this testimony to
go before the jury in this case. I would add further that he also did an
inadequate job in terms of representing Mr. Buck in presenting mitigating
evidence. There was an abundance of evidence that the jury should have heard
about Mr. Buck's life, about his upbringing, about the adversity that he faced,
that was absolutely available at the time of his trial but was not presented.
Mr. Guerinot's record, as described in the articles that you've talked about,
as just recounted in the [Carty] case, is absolutely reflected also in Mr.
Buck's case.
AMY GOODMAN: And, Christina Swarns, you deal with the issue of the death
penalty a lot with the NAACP Legal Defense Fund. How typical is this in terms
of representation? And final comment on this case?
CHRISTINA SWARNS: In terms of Mr. Guerinot, it's an unfortunate reality that
capitally charged defendants in this country routinely receive poor counsel.
That said, I think this case really is above and beyond the pale with respect
to seeing someone facing execution because of the color of their skin. This is
a case where that link has been made explicit. That argument was presented to a
jury, and that - and the argument was found by the jury and credited by the
jury, and this man is now on death row facing execution. Texas promised that no
person with this kind of testimony would be executed, and Texas needs to live
up to its promise. It needs to honor the promise it made to Mr. Buck, because
no one should be executed because of the color of their skin. And if Mr. Buck
is executed on that basis, then all of us should be worried.
AMY GOODMAN: So explain what happens now in the case of Duane Buck.
CHRISTINA SWARNS: The case is now in front of the Court of Criminal Appeals in
Texas. We have filed an appeal on Mr. Buck's behalf. The Court of Criminal
Appeals will - can either remand our case to the district court for a hearing
and further review of the claims that we've raised, or it can reject or dismiss
or deny our appeal and send us - send Mr. Buck's case to the Supreme Court.
(source: Democracy Now)
NORTH CAROLINA:
Lawmakers Try to Rush Executions in NC
At a time when states such as Connecticut and Maryland are abolishing the death
penalty, North Carolina lawmakers are considering a bill that would "kick
start" capital punishment in the state after 7 years without an execution.
The Capital Punishments/Amendments Bill could speed up the process of
executions.
North Carolina's new state leadership is going against the national trend, said
Tye Hunter, executive director of the Center for Death Penalty Litigation.
"We've had the change in government," he said. "We're sort of going in the
opposite direction of the mainstream."
The bill also would remove the Racial Justice Act from state books. The act
allows inmates to show that race was a factor in their sentencing or jury
selection. Under current law, Death Row inmates would have their sentences
converted to life in prison without the possibility of parole.
The removal of the law from state books goes far beyond the impact on inmates,
Hunter said, since the Racial Justice Act was passed after several independent
studies found that prosecutors discriminated against black jurors.
"African-Americans are still discriminated against and not trusted to be at the
levers of power for these kinds of positions," Hunter said.
Senate Bill 306 is expected to go up for a vote next Wednesday. If passed, it
will move on to the House for consideration. Supporters of the legislation say
it will bring justice to people found guilty of the most serious of crimes.
The text of SB 306 is online at ncleg.net.
(source: Public News Service)
OKLAHOMA:
US court upholds death penalty for Oklahoma man
A federal appeals court has upheld the death penalty of a 38-year-old Ponca
City man convicted of 1st-degree murder for the June 1999 shooting death of a
19-year-old woman.
The 10th U.S. Circuit Court of Appeals handed down the decision Monday in the
case of Clayton Darrell Lockett. Lockett was convicted of killing Stephanie
Nieman, who was shot to death and buried in a shallow grave near Tonkawa.
Lockett was also convicted on 18 other counts, including 1st-degree rape,
kidnapping, robbery and assault with a dangerous weapon. Jurors recommended a
total of 2,285 years and 90 days for the other convictions.
Lockett's attorney, Assistant Federal Defender Dean Sanderford of Denver, did
not immediately return a telephone call seeking comment.
(source: Associated Press)
MONTANA:
Montana trial 1st for area suspect
By the time Laurence Alan Stewart II is brought back to Stafford County to
stand trial on charges that he tried to kill his former girlfriend and 2
Stafford deputies, his fate may have already been decided.
A trial for the 25-year-old Stewart is scheduled to start April 29 in Cascade
County, Montana, where he is charged with 7 counts of attempted deliberate
homicide.
Under the code section Stewart is charged with in Montana, the possible
penalties for each count are death, life in prison or a prison term ranging
from 10 to 100 years.
Cascade County Prosecutor John Parker has not said which penalty he will seek
for Stewart.
Stewart was arrested in Montana on Oct. 31, a day after police said he set off
pipe bombs at 3 Fredericksburg-area residences. During a wild 40-mile chase in
Montana, police said Stewart threw 7 pipe bombs at pursuing officers; the bombs
exploded, but no officers were injured.
Stewart was already the subject of a nationwide manhunt that began after the
incidents in the Fredericksburg area.
Bombs went off at the Stafford homes of a county detective and his former
fiancee, while another one exploded at the former Fredericksburg residence of
another Stafford deputy. Property was damaged but no one was hurt.
Both deputies had investigated a complaint about Stewart in a previous incident
involving the former fianc???e. He expressed his displeasure with the deputies
and others on a website he created.
He is charged with numerous offenses here, including 2 counts of attempted
capital murder. He is expected to be brought to Virginia once Montana
authorities have finished prosecuting him.
The Montana pursuit, which went through 2 counties, started when a state
trooper stopped him for speeding. The officer checked Stewart's identification
and learned that he was wanted in Virginia. Police there said Stewart had
stolen license plates on his car at the time.
Before the trooper could return to the car, Stewart took off, and the chase was
on. Police used devices to flatten his tires, and the vehicle eventually ended
up in a ditch.
Police said Stewart got out of the car and ran while carrying a handgun, but he
was eventually apprehended without any shots being fired.
Stewart was already wanted in Stafford before the pipe bomb incidents, but only
on relatively minor misdemeanor charges.
Meanwhile, his father, also named Laurence Alan Stewart, faces a charge in
Stafford of possessing a firearm as a felon. A county grand jury is expected to
take up the case on Monday.
The elder Stewart lists a Pennsylvania address, but was apparently staying with
his son here at the time of the alleged Aug. 1 incident.
(source: Fredericksburg.com)
_______________________________________________
DeathPenalty mailing list
DeathPenalty@lists.washlaw.edu
http://lists.washlaw.edu/mailman/listinfo/deathpenalty
Search the Archives: http://www.mail-archive.com/deathpenalty@lists.washlaw.edu/
~~~~~~~~~~~~~~~~~~~~~~~~~~~
A free service of WashLaw
http://washlaw.edu
(785)670.1088
~~~~~~~~~~~~~~~~~~~~~~~~~~~
