Justices see racism in inmate's death sentence
WASHINGTON — The Supreme Court heard the first of several cases on its 2016 docket involving racial discrimination Wednesday and left little doubt: The justices know it when they see it.
That should be good news for Duane Buck, a Texas prisoner convicted of a vicious double murder nearly two decades ago. His death sentence, rather than life imprisonment, was based partly on testimony that he would be more dangerous in the future because he is black.
That testimony came from a defense witness.
"When the defendant's own lawyer introduces this, the jury is going to say, 'Well, it must be true. Even the defendant's lawyer thinks that this is true,'" Justice Elena Kagan said.
Texas prosecutors had agreed to reconsider the sentences of six other prisoners following similar testimony from clinical psychologist Walter Quijano, which they acknowledged was unconstitutional. But they refused to give Buck the same consideration because the prejudicial testimony was not presented by the prosecution, Texas Solicitor General Scott Keller said.
Within minutes, the justices made clear what they thought of Buck's sentencing hearing and appeals. "What occurred at the penalty phase of this trial is indefensible," Justice Samuel Alito said.
Justice Sonia Sotomayor pointed out that Buck's original lawyer had a reputation for losing capital cases. Reports indicated that "if you want to ensure a death penalty, hire this lawyer," she said.
https://www.msn.com/en-us/news/crime/justices-see-racism-in-inmates-death-sentence/ar-BBx2Ckw?li=BBnbcA1&ocid=edgsp
