www.mozilla.com Weather Central
Voices
Headlines

Water vision -7/29/2014, 9:48 AM

No longer a supporter -7/29/2014, 9:47 AM

The power of punctuation -7/29/2014, 9:47 AM

Running for the wrong bus -7/28/2014, 9:04 AM

Old Old Mexico -- Culture and content -7/28/2014, 9:03 AM

The defining issue of economic recovery -7/27/2014, 4:53 PM

In a world of sectarian violence, what can be done? -7/27/2014, 4:53 PM

Funding DHDC -7/27/2014, 1:18 PM

Endorsement for Shultz -7/25/2014, 3:28 PM

Against the wind -7/25/2014, 4:23 PM

Do blacks need favors? -7/25/2014, 4:23 PM

Vote Huelskamp out -7/25/2014, 4:23 PM

Open meetings -7/24/2014, 8:07 AM

Leadership change needed -7/24/2014, 8:07 AM

Vote for Huelskamp -7/24/2014, 8:06 AM

Protecting unborn children -7/24/2014, 8:06 AM

Learning experience valuable -7/24/2014, 8:06 AM

False equivalence -7/23/2014, 8:07 AM

Measles' scary comeback -7/23/2014, 1:27 PM

The 'big data' deal -7/23/2014, 10:07 AM

GOP can't get out of its own way -7/23/2014, 10:07 AM

War only will add to Middle East problems -7/22/2014, 8:10 AM

Avoiding taxes -7/22/2014, 8:10 AM

Take the win in Iran -7/21/2014, 8:57 AM

The high court's high-handedness -7/21/2014, 8:57 AM

Up in arms in the Capitol -7/20/2014, 4:52 PM

Firefighters weigh in on pay raise -7/20/2014, 4:52 PM

Backpacks for Kids -7/20/2014, 4:52 PM

Our unwillingness to defend ourselves -7/18/2014, 10:51 AM

Remembering a man who championed freedom -7/18/2014, 10:51 AM

GOP split -7/17/2014, 8:38 AM

New Kansas senator -7/17/2014, 8:37 AM

Who'll build the roads? -7/17/2014, 8:37 AM

Reagan: In or out? -7/16/2014, 2:45 PM

'Unbroken' WWII vet more than a hero -7/16/2014, 2:44 PM

Savor the fruits of your labor -7/16/2014, 2:44 PM

Erasing candidate's standards -7/15/2014, 11:36 AM

Returning to Trail Wood -7/15/2014, 10:13 AM

Leaving some in 'suspense' -7/15/2014, 10:13 AM

Strangers in a remarkable land -7/14/2014, 9:11 AM

Courageous or spineless? Our actions decide -7/14/2014, 9:11 AM

Ambition: An unlikely gift to Kansas voters -7/13/2014, 11:16 AM

Beyond the outrage -7/13/2014, 11:16 AM

Water watch -7/13/2014, 11:16 AM

Scenic outlooks -7/11/2014, 9:18 AM

China's research trumps teaching -7/11/2014, 9:17 AM

Important slow news -7/10/2014, 9:42 AM

We've got a promise to keep -7/10/2014, 9:33 AM

The white combine calls -7/9/2014, 10:02 AM

Vote for family values -7/9/2014, 10:02 AM

Politicians making a mockery of my faith -7/9/2014, 10:02 AM

Missing tribute -7/9/2014, 10:02 AM

Rural students deserve 21st Century education -7/8/2014, 9:10 AM

The education table dance -7/8/2014, 9:10 AM

A new virus -7/8/2014, 9:10 AM

Government as God -7/7/2014, 9:38 AM

EPA affecting others -7/7/2014, 9:38 AM

'Narrow' decision from the narrow-minded -7/7/2014, 9:38 AM

The tax trap -7/6/2014, 4:35 PM

Rulings produce 'First Amendment fireworks' -7/6/2014, 4:35 PM

Firefighter salaries -7/6/2014, 4:35 PM

Economic freedom -7/4/2014, 11:54 AM

Protecting our independence -7/4/2014, 11:54 AM

Dan Johnson, 1936-2014 -7/3/2014, 7:12 AM

New Iraq offensive backfires -7/3/2014, 7:11 AM

Setting things straight -7/3/2014, 7:11 AM

'Crapitalism' -7/3/2014, 7:11 AM

Feeding peace throughout the world -7/2/2014, 9:01 AM

Half way is still only half way -7/2/2014, 9:01 AM

Sherow a better choice -7/2/2014, 9:01 AM

Fireworks, part II -7/2/2014, 9:01 AM

Reality show made in Topeka -7/1/2014, 8:53 AM

The justices and their cellphones -7/1/2014, 8:53 AM

LOB defeated -7/1/2014, 8:53 AM

Tragedy explored in 'Broken Heart Land' -6/30/2014, 9:14 AM

Mexico City: The adventure continues -6/30/2014, 9:14 AM

Even our youngest Americans are citizens -6/29/2014, 12:58 PM

Ban on fireworks -6/29/2014, 12:58 PM

It's time to teach active citizenship -6/29/2014, 12:57 PM

The education establishment's success -6/27/2014, 10:39 AM

Piecework professors -6/27/2014, 10:39 AM

Marriage for all -6/27/2014, 10:39 AM

Prairie chicken madness -6/26/2014, 4:17 PM

Omission control -6/26/2014, 10:12 AM

Equal in the eyes of the law -6/26/2014, 10:12 AM

Help wanted -6/26/2014, 10:12 AM

The old red barn -6/25/2014, 9:19 AM

Beware the unimaginable -6/25/2014, 9:19 AM

Early critic of school testing was right -6/24/2014, 8:53 AM

Finding something 'different' in Topeka -6/24/2014, 8:53 AM

Shopping small -6/24/2014, 8:53 AM

Into the classroom -6/23/2014, 8:55 AM

Wow! And thanks to you -6/23/2014, 8:55 AM

Fireworks double-standard -6/23/2014, 8:55 AM

Glass half full -6/22/2014, 5:57 PM

Brownback's experiment wallops taxpayers -6/22/2014, 5:56 PM

Examining the importance of 'where' we speak -6/22/2014, 5:56 PM

Slavery reparations -6/20/2014, 8:33 AM

'Help me plagiarize' -6/20/2014, 8:33 AM

Thank a farmer -6/20/2014, 8:33 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
AP Nation-World News

View this site in another language.

Kansas News