www.mozilla.com Weather Central
Voices
Headlines

2016 presidential campaign already boring -12/22/2014, 9:08 AM

A rainbow coalition of protests -12/22/2014, 9:07 AM

Budget needs dynamic leadership, not scoring -12/21/2014, 1:06 PM

Sure, you can say that -- but please don't -12/21/2014, 1:06 PM

Holiday travel -12/19/2014, 10:16 AM

ALEC's starring role in the 'Wrecking Crew' -12/19/2014, 10:17 AM

Should profiling be banned? -12/19/2014, 10:06 AM

No right to misbehave -12/18/2014, 10:09 AM

Pompeo deserves thanks -12/18/2014, 10:00 AM

Executive orders -12/18/2014, 10:00 AM

Attack on Pearl Harbor -12/18/2014, 10:00 AM

Christ's role -12/18/2014, 9:59 AM

Governing vs. giving -12/18/2014, 9:58 AM

Adapting to change -12/17/2014, 10:30 AM

Brownback's 'vision' -12/17/2014, 10:30 AM

Young at heart -12/17/2014, 10:29 AM

Newman provides western Kansas education -12/17/2014, 10:29 AM

Big banks win again -12/16/2014, 9:37 AM

Securing the future of aerospace in Kansas -12/16/2014, 9:36 AM

The future with Brownback -12/16/2014, 9:36 AM

White Christmas, red Christmas -12/15/2014, 9:20 AM

A reason to celebrate -12/15/2014, 9:20 AM

Building a competitive opposition party -12/14/2014, 4:33 PM

Without religious freedom, there won't be peace -12/14/2014, 4:33 PM

Flying Hays later -12/14/2014, 4:33 PM

Allowing torture -12/12/2014, 10:11 AM

Racing to Lake Wobegone -12/12/2014, 10:10 AM

What's rule of law? -12/12/2014, 10:10 AM

Media bias -12/11/2014, 10:13 AM

It's not about race -12/11/2014, 10:12 AM

A new civil war -12/11/2014, 10:12 AM

Climate catastrophe -12/11/2014, 10:12 AM

The case of Scott Panetti -12/10/2014, 10:14 AM

Word origins -12/10/2014, 10:14 AM

Kansas will bleed -12/10/2014, 10:13 AM

Minions' mess -12/10/2014, 10:13 AM

Prescription farmers -12/10/2014, 10:12 AM

Vaccines make sense -12/9/2014, 11:02 AM

Net neutrality -12/9/2014, 8:45 AM

Tell me it isn't so? -12/9/2014, 2:53 PM

Willing to do without -12/9/2014, 8:45 AM

KDOT funding -12/9/2014, 8:45 AM

The man elected -12/8/2014, 10:00 AM

Understanding white privilege -12/8/2014, 10:00 AM

Making sure crime doesn't pay -12/8/2014, 10:00 AM

Do Kansans really care? -12/7/2014, 3:17 PM

Core freedoms under fire -12/7/2014, 3:17 PM

Nation needs new approach -12/6/2014, 3:17 PM

Tons of fun on tap -12/5/2014, 9:48 AM

A Christmas plea -12/5/2014, 9:48 AM

School privatization via convenient debt -12/5/2014, 9:48 AM

Race in America -12/4/2014, 10:20 AM

The gift of petroleum -12/4/2014, 10:20 AM

A Charlie Brown Christmas miracle -12/4/2014, 10:19 AM

Care and feeding of farm animals -12/3/2014, 10:19 AM

Let's talk about 'black on black' crime -12/3/2014, 10:19 AM

Sports complex -12/3/2014, 4:14 PM

-12/3/2014, 10:00 AM

Kudos to school for bilingual efforts -12/2/2014, 11:42 AM

Wages prompting county workers to seek better jobs -12/2/2014, 11:42 AM

County employees urge public's support -12/2/2014, 11:42 AM

'Horrible Bosses 2' disappoints;  new 'Star Wars' trailer thrills -12/2/2014, 10:19 AM

Power rests with House speaker -12/2/2014, 10:01 AM

Climate change -12/2/2014, 10:38 AM

Ferguson's pain -12/1/2014, 10:21 AM

Out of sight, or out of luck? -12/1/2014, 10:20 AM

Blacks, whites need to wake up to injustice -12/1/2014, 10:20 AM

Kansas turns South -11/30/2014, 5:33 PM

When should holy days become holidays? -11/30/2014, 5:33 PM

Future of health care -11/30/2014, 5:33 PM

Giving thanks -11/27/2014, 3:08 PM

Give a child hope and a home -11/26/2014, 9:12 AM

Holiday shopping -11/26/2014, 9:12 AM

Today's faults -11/26/2014, 7:45 AM

Meatless Mondays -- forget about it -11/26/2014, 7:45 AM

Cosby, serial rapist? That's a lot to forgive -11/26/2014, 7:45 AM

Letting it fly -11/26/2014, 7:45 AM

KanCare oversight -11/26/2014, 7:45 AM

Giving thanks for blessings as Kansans -11/25/2014, 10:11 AM

Local fixes to local problems? -11/25/2014, 10:11 AM

Energy security -11/25/2014, 10:11 AM

Elite contempt for ordinary Americans -11/24/2014, 9:12 AM

Pipeline politics -11/24/2014, 10:04 AM

They killed Peter Kassig -11/24/2014, 10:04 AM

Going from bad to good on election night -11/23/2014, 6:38 PM

Free Speech can be shield or a sword -11/23/2014, 6:38 PM

Dodge City merger -11/22/2014, 6:38 PM

House mis-speaker -11/21/2014, 9:50 AM

Obama vs. Us -11/21/2014, 9:50 AM

Really smart conservatives love public debt -11/21/2014, 9:50 AM

Official welcome -11/20/2014, 9:52 AM

Control freaks in the U.S. -11/20/2014, 1:24 PM

How did we get here? -11/20/2014, 9:52 AM

An open letter to the GOP -11/19/2014, 10:03 AM

Successful farming -11/19/2014, 10:03 AM

Getting personal -11/18/2014, 9:15 AM

Teachers, not facilities -11/18/2014, 9:15 AM

Schoolteachers and the Legislature -11/18/2014, 9:06 AM

Water vision -11/18/2014, 9:06 AM

I see wonderful things -11/17/2014, 9:26 AM

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