www.mozilla.com Weather Central
Voices
Headlines

Equality in discipline -4/18/2014, 7:57 AM

Earth daze -4/18/2014, 7:57 AM

Equal pay -4/18/2014, 7:57 AM

Receiving great care -4/17/2014, 4:09 PM

Unequal pay among genders -4/17/2014, 10:25 AM

Fighting for Kansas veterans -4/17/2014, 10:25 AM

School reductions -4/17/2014, 10:25 AM

Dress for safety -4/16/2014, 10:09 AM

Does losing due process create inadequacies? -4/16/2014, 10:09 AM

Hate crimes -4/16/2014, 10:09 AM

On with the prom -4/15/2014, 8:57 AM

Newman proud to be in western Kansas -4/14/2014, 8:57 AM

Waiting on revenue estimates -4/13/2014, 8:57 AM

Wake up, people, and see the danger we’re in -4/13/2014, 12:03 PM

Patronizing paychecks -4/13/2014, 12:03 PM

Stripping of teachers’ due process worrisome -4/13/2014, 6:11 AM

The Kansas Ministry of Truth -4/13/2014, 6:14 AM

Letterman, Hillary and Jeb: 21st Century symbols -4/13/2014, 6:10 AM

Expensive school bill -4/13/2014, 6:12 AM

How to assist evil -4/11/2014, 9:15 AM

Taxing life away -4/11/2014, 9:12 AM

Lying about Obamacare -4/11/2014, 9:17 AM

The talk radio party? -4/10/2014, 11:04 AM

Term limits -4/10/2014, 11:06 AM

Let's do what we do best -4/10/2014, 11:05 AM

Satisfying the court -4/9/2014, 10:45 AM

Late-night funding fight -4/9/2014, 10:44 AM

‘Farmland’ — art is life on screen -4/9/2014, 10:45 AM

Tradition not changing -4/8/2014, 12:02 PM

Flat as a pancake -4/8/2014, 11:22 AM

Willing to take a bet -4/8/2014, 11:24 AM

Exposure to violence threatens children’s future -4/8/2014, 11:23 AM

Battling MS -4/7/2014, 8:58 AM

Why Renewable Fuel Standard matters -4/7/2014, 9:23 AM

Rites and wrongs of spring -4/7/2014, 9:23 AM

Coming to terms with Brownback -4/6/2014, 2:11 PM

Are 'religious viewpoint' laws needed in schools? -4/6/2014, 2:11 PM

School non-funding -4/6/2014, 2:11 PM

Sex and race equality -4/4/2014, 8:08 AM

Rest of the story -4/4/2014, 8:08 AM

Bank on USPS to save 'bank deserts' -4/4/2014, 8:08 AM

Gambling and government -4/3/2014, 9:51 AM

Not merely water under the bridge -4/3/2014, 9:51 AM

Federal fine -4/3/2014, 9:51 AM

Twister time is here again -4/2/2014, 9:59 AM

School funding battle continues -4/2/2014, 9:59 AM

Watching for the flip-floppers -4/1/2014, 10:09 AM

Will Hays enter the 21st century? -4/1/2014, 10:09 AM

Tax breaks -4/1/2014, 10:09 AM

Hobby Lobby case a slippery slope -3/31/2014, 9:16 AM

Happy birthday, Gloria -3/31/2014, 9:16 AM

Unequal voting -3/30/2014, 11:37 AM

Protecting the pollinators -3/30/2014, 11:37 AM

Parties, politicians and seeking an advantage -3/30/2014, 11:37 AM

Healthy aging -3/30/2014, 11:37 AM

Threatened chicken -3/30/2014, 11:37 AM

As temperatures rise, pay attention to stored grain -3/30/2014, 3:49 PM

Bizarre arguments and behavior -3/28/2014, 10:06 AM

In your dreams -3/28/2014, 10:06 AM

Against the wind -3/28/2014, 10:05 AM

Discovering the salt of the earth -3/28/2014, 10:05 AM

Entrepreneurship key to economic growth -3/27/2014, 8:36 AM

Kansas goes Kremlin with arrests, secrecy -3/27/2014, 8:36 AM

Get ready for Arbor Day -3/26/2014, 2:03 PM

Reading between the lines -3/26/2014, 2:02 PM

Switching parties -3/26/2014, 1:53 PM

Putting a price tag on damages -3/25/2014, 10:13 AM

Privately piercing, serious sacrifice -3/25/2014, 10:13 AM

Autism bill passes House -3/25/2014, 10:13 AM

United stance -3/25/2014, 10:13 AM

Legislative session getting down to the end -3/25/2014, 10:12 AM

Taxation bill involving livestock successful -3/25/2014, 10:12 AM

STARBASE Day hits Topeka -3/24/2014, 10:13 AM

Judging based on accomplishments -3/24/2014, 10:14 AM

Who speaks for the voiceless? -3/24/2014, 10:14 AM

Fly Hays -3/23/2014, 1:12 PM

Learning from the candidates -3/23/2014, 1:12 PM

hedy -3/21/2014, 1:12 PM

-3/20/2014, 9:59 AM

Fred Phelps -3/20/2014, 9:59 AM

Is There Wage Stagnation? -3/20/2014, 9:58 AM

Cost of living, wages don't add up -3/20/2014, 4:01 PM

Legislative proposal raises questions -3/20/2014, 4:01 PM

No vote on war -3/19/2014, 3:32 PM

Wonder of St. Fidelis -3/19/2014, 4:01 PM

Protein for breakfast -3/19/2014, 2:58 PM

A pointed comment on guns -3/19/2014, 8:57 AM

Campaign madness -3/19/2014, 2:58 PM

Counting the cost of Kansas' Medicaid expansion -3/18/2014, 9:26 AM

Tax-relief spells a sure vote -3/18/2014, 9:26 AM

Tourney madness -3/18/2014, 9:25 AM

St. Patrick's Day -- The value of Irish humor -3/16/2014, 5:44 PM

Not all things are bad -3/16/2014, 5:44 PM

Supreme Court takes Legislature to school -3/16/2014, 5:43 PM

Parochial education -3/16/2014, 5:43 PM

Governed by rules, not men -3/14/2014, 10:00 AM

More guns: Merrier or scarier? -3/14/2014, 10:00 AM

The war on women -3/13/2014, 9:51 AM

Labeling the education can -3/13/2014, 9:51 AM

Taking exception -3/12/2014, 2:03 PM

myTown Calendar

SPOTLIGHT
[var top_story_head]

In Texas, black means future danger

Published on -5/6/2013, 9:30 AM

Printer-friendly version
E-Mail This Story

If the state of Texas executes Duane Buck, it'll be because he is black.

Well, mainly it will be because in 1995, he shot his ex-girlfriend, Debra Gardner, and her friend, Kenneth Butler, to death at Gardner's Houston home, and also wounded his own stepsister, Phyllis Taylor. But it will also be because he's black.

In Texas, they have this rule: a jury contemplating the death penalty must evaluate the likelihood a defendant poses a future danger to the community. Jurors in Buck's trial were told he poses said danger because he is a black man.

Mind you, this came from a defense witness, whose ultimate finding was that Buck himself represented little danger. But, said psychologist Dr. Walter Quijano, "It's a sad commentary that minorities, Hispanics and black people, are overrepresented in the criminal justice system."

When asked by the prosecutor whether "the race factor, black, increases the future dangerousness," Quijano answered, "Yes."

So Buck sits on death row awaiting an appeals court ruling on his bid for a new sentencing hearing. Not a new trial, you understand.

No one disputes his guilt -- or the monstrousness of his crime. But about the sentence, there is plenty dispute, enough that his surviving victim and Linda Geffin, a prosecutor who helped convict him, both think he should get a new hearing. In 2000, Sen. John Cornyn, then Texas attorney general, identified six capital cases, including Buck's, in which Quijano gave similar testimony and conceded the state erred in allowing race to be used as a sentencing factor.

The other five defendants -- all black or Hispanic -- received new sentencing hearings. All were re-sentenced to death. Buck was denied a new hearing.

Why? Bucks' attorney, Christina Swarns, director of the Criminal Justice Project at the NAACP Legal Defense Fund, says the only explanation she's heard "is it's because Quijano was called as a defense witness. That would sound like a plausible explanation, if not that Quijano was called as a defense witness in two of the other cases in which they did concede error."

Sara Marie Kinney, a spokesperson for the Harris County DA, says there's a difference: in Buck's case, the offending testimony came on direct examination -- "not on cross." In other words, the defense brought it up first. Whatever. There is something viscerally ... wrong in relying upon so flimsy a rationale to justify so blatant an appeal to bias.

But race, argues Kinney, was not the only factor in the jury's decision. Buck, she notes, "was a violent offender who systematically killed these people. ... He checks all the boxes for the appropriate penalty being the death sentence."

Quijano, by the way, stands by his testimony.

He told the New York Times, "The literature suggests ... correlation" between race and threat. It is not, he said, "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."

Psychology professor John Monahan, whose writings Quijano cited among the "literature," told the Times his work supports no such conclusion. Race, he said, "plays at most an extremely small role" in predicting future violent acts.

Moreover, it is specious in the extreme to act as if poverty, crime and ignorance are some natural outgrowth of blackness. They are not. They were imposed upon black people by generations of oppressive law, policy and custom. To act as if they are somehow endemic to blackness is like accusing a woman of walking funny after you have cut off her feet.

What we have here, then, is but the latest example of a "justice" system bloodied and soiled by racial bias. If Duane Buck is killed, it will be in part because an "expert" stoked a jury's fear of the scary black man. That is not just wrong.

It is obscene.

Leonard Pitts is a columnist

for the Miami Herald.

lpitts@miamiherald.com

digg delicious facebook stumbleupon google Newsvine
More News and Photos

Associated Press Videos

AP Breaking News