Supreme Court Says Racist Death Row Conviction ‘Indefensible’

All seven Supreme Court justices who spoke during a death penalty case argued this week were outraged at expert witness testimony that black men are more dangerous than others. Justice Clarence Thomas was, as usual, silent during argument. “What occurred at the penalty phase of this trial is indefensible,” said Justice Samuel Alito Jr. Even Texas Solicitor General Scott A. Keller did not argue that the testimony was appropriate: “We are not defending defense counsel’s actions,” he said. Rather, Texas sought to prove the testimony was a minor factor in the overall case. The case concerns Duane Buck, who was convicted of the 1995 murders of a former girlfriend and one of her friends. During the trial’s sentencing phase, psychologist Walter Quijano said, “It’s a sad commentary that minorities, Hispanics and black people, are overrepresented in the criminal justice system.” A prosecutor then asked, “The race factor, black, increases the future dangerousness for various complicated reasons – is that correct?” To which Dr. Quijano replied: “Yes.”