from SLATE: Perry Urged to Block Execution in Racially-Tinged Case Prosecutors argued that Duane Buck's race made it more likely that he would pose a danger to society. By Greg Howard | Posted Wednesday, Sep. 14, 2011, at 11:49 AM EDT
The fate of a black man sentenced to death after prosecutors argued his race made it more likely that he would pose a danger to society is now in the hands of Rick Perry. The Texas governor and GOP hopeful is one of two people who are being urged to step in and prevent Thursday’s planned execution of Duane Edward Buck after the Texas Board of Pardons and Paroles voted Wednesday against recommending clemency for him, the Texas Tribune reports. Buck was convicted of shooting and killing two people and wounding a third while under the influence of drugs in 1995. Among the eclectic group urging Perry and Harris County District Attorney Pat Lykos to intervene are: Buck’s attorney, a prosecutor who was part of the team that tried the case, and the women who survived a gunshot to the chest from Buck. The Los Angeles Times explains the problem of the racially-tinged evidence: >> Dr. Walter Quijano, a psychologist and defense witness, testified that Buck >> was not likely to be dangerous because he had no previous history of >> violence. >> But a prosecutor cited the "the race factor" and asked whether Buck's being >> black "increases the future dangerousness." Yes, the psychologist replied. >> Prosecutors cited that testimony in their closing argument.<< Dr. Quijano gave similar testimony in six other death row cases, and all six defendants were given new trials after then-Attorney General John Cornyn admitted the state erred by allowing the testimony about race. "No one should be executed based on a process tainted by considerations of race," Buck’s attorney, Kate Black, said Tuesday. "The decision as to whether Mr. Buck's execution will go forward now lies squarely with Gov. Perry, who has the power to issue a 30-day reprieve." Perry can’t personally grant Buck clemency, though he can grant a one-time, 30-day stay of execution, allowing Buck to pursue a new sentence hearing. Perry’s spokeswoman, Lucy Nashed, said his office had yet to receive a request, but if it is received, “just like every other request for a 30-day reprieve, it will be reviewed.” Lykos has the power to withdraw Buck’s execution date but the Harris County DA’s office has stated that it does not plan to step in. -- Jim Devine / "Segui il tuo corso, e lascia dir le genti." (Go your own way and let people talk.) -- Karl, paraphrasing Dante. _______________________________________________ pen-l mailing list [email protected] https://lists.csuchico.edu/mailman/listinfo/pen-l
