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Duane Buck Texas Execution Halted by Supreme Court
Duane Buck spared lethal injection for double murder after his lawyers argue the sentence was based on racist testimony
Duane Buck, an inmate on Texas's death row for the past 16 years, has been spared the lethal injection after the US supreme court stayed his execution on the grounds that the jury at his sentencing hearing was told he was a danger to the public because he is black.
File picture shows the "death chamber" at the Texas Department of Criminal Justice Huntsville Unit in Huntsville, Texas. The US Supreme Court has halted the execution of a black man sentenced for two murders in a racially-charged trial in Texas, where White House hopeful Rick Perry has defended the death penalty. (photo: AFP) The fact it took the highest court in the nation to prevent the judicial killing of a prisoner in such controversial circumstances will put the governor of Texas, Rick Perry, further under the spotlight. He was earlier approached by lawyers of Buck and exhorted to use his power to put a 30-day reprieve on the execution to give time for all parties to look at his case, but Perry did not act.
Perry, a frontrunner for the Republican nomination for next year's presidential election, has presided over 235 executions since he became governor in 2000, the most recent on Tuesday. Last week he defended his record during a televised debate at which the Republican audience cheered when the number of those who had died under him was mentioned. Perry was in Iowa fundraising for his presidential campaign at the time the execution was due to have taken place.
Buck, 48, killed his former girlfriend and a man in 1995. His guilt is not in dispute, but the fashion in which he received the death penalty is. The jury that gave him the punishment was told by a psychologist, under prosecution cross-examination, that black people posed a greater risk to violent reoffending if released from jail.
The evidence of the psychologist, Dr Walter Quijano, was recognised as a legal problem by Texas's then attorney general John Cornyn in 2000. Six other cases in which Quijano had given racially tinged testimony were identified and all were awarded a resentencing hearing. On legal technicalities, Buck has been awarded no such safeguard.
The intervention of the US supreme court gives the prisoner one last chance to plead for commutation of his sentence to life imprisonment.
When Buck was informed that he was to live, at least for a little while longer, he said: "Praise the Lord. God is worthy to be praised. God's mercy triumphs over judgment. I feel good."
Kate Black, Buck's lawyer, welcomed the court's decision: "We are relieved that the US supreme court recognised the obvious injustice of allowing a defendant's race to factor into sentencing decisions and granted a stay of execution to Duane Buck," she said.
"No one should be put to death based on the colour of his or her skin. We are confident that the court will agree that our client is entitled to a fair sentencing hearing that is untainted by considerations of his race."
The issue of the death penalty is by no means at an end in Texas, however. The state executes more people each year than any other state in the US, and has two executions scheduled for next week.
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10 Comments so far
Show AllI am amazed, I agree with a decision by the supremes!!
I share your amazement...but will take the good news just the same. WE ought to have some sort of celebration that SCOTUS has actually used the law to the benefit of a person not a corporation and for that we should give thanks. Of course if the death penalty was abolished...well enouugh said. I wonder how much anguish this poor man will suffer wondering what his ultimate fate at the hands of the judicial branch will ultimately be.
An opportunity to consider whether the original sentence might have been based on a racial stereotype has to be good for everyone - even (perhaps especially) those who believe every murderer should be killed. You'd want it applied evenly, wouldn't you?
The technicality in Buck's case meant that this hadn't already happened along with the six other cases (paragraph 5). Buck might still be killed, but it will be because he murdered, not because of a pseudoscientific prejudgement.
The murder Buck committed isn't what's being discussed here, and neither is the idea of killing someone to show that killing is wrong. This is all about the influence a racial categorization had on the sentence. Your comment might more accurately read "A black man gets a breather on a technicality, wonderful!".
Or is that your real objection?
Good to hear, but that is kind of the point of the article - those involved in the original sentencing might have been led that way.
Duane Buck went to the home of his former girlfriend twice that day. The second time he shot a man there and his former girlfriend with a shotgun, even though her daughter had climbed on Buck's back and was pleading for him not to kill her mother. Both died. He also shot his stepsister in the chest but she lived.
Six cases were pegged for review in 2000, including Buck's case, as all involved testimony by Quijana. In five of the cases, Quijana was testifying for the state-all five were resentenced to death. Buck's case was not reviewed as Quijana was testifying for the defense.
Quijana told jurors that Buck being black meant he was more likely to be violent in the future. What if he had just said that anybody who shoots 3 people is more likely to be violent in the future?
Under Texas law, a capital murder is murder of more than one person at once or during the same scheme or course of conduct. A person convicted of capital murder will receive a death sentence.
Buck got the sentence he deserved. SCOTUS should not have halted his execution.
"What if he had just said that anybody who shoots 3 people is more likely to be violent in the future?"
Then that would have been fair enough as far as Texas/Federal law goes, and perhaps we'd be having a different discussion. But that wasn't what was said.
"Quijana told jurors that Buck being black meant he was more likely to be violent in the future."
It doesn't matter whether this was testimony for the prosecution or defense. If this could have had an effect on the sentence, it needs reexamination.
does the SCOTUS plan to install Buck in the Whitehouse?
I think it does matter whether the testimony is for the prosecution or the defense. Quijana was testifying for Buck, not against him. I think it is ridiculous for the defense to be allowed to impeach their own witness on this basis. Otherwise, if a black defendent is on trial, a defense witness will be encouraged to mention that the defendent is black-Bingo!-automatic retrial if a guilty verdict is returned.