Alameda County DA Reviewing All Death Penalty Cases After Evidence of Juror Exclusion

The Alameda County District Attorney's Office in California is conducting a comprehensive review of all death penalty cases after discovering evidence that prosecutors had systematically excluded Black and Jewish jurors in a 30-year-old case. The review, ordered by U.S. District Judge Vince Chhabria, comes amid an appeal for Ernest Dykes' 1993 death penalty conviction for attempted murder and murder.

Handwritten notes found by one of District Attorney Pamela Price's deputies revealed an effort by prosecutors to exclude Jewish and Black female jurors from the jury pool, based on the belief that they were more likely to oppose capital punishment. The notes contained disparaging remarks about prospective jurors based on their race and religion.

Price, who campaigned on a promise not to seek the death penalty, now faces a recall election with opponents accusing her of being soft on crime. The discovery of the decades-old notes has provided hope to nearly 40 death row inmates in California and reignited the debate around the state's death penalty system, which has been criticized for disproportionately targeting minorities.

Why this matters: The review of death penalty cases in Alameda County highlights the ongoing issue of racial bias in the criminal justice system and the potential for wrongful convictions. The discovery of evidence suggesting the systematic exclusion of jurors based on race and religion raises serious concerns about the fairness and impartiality of trials, particularly in cases involving the death penalty.

The cases under review date back to 1977, and Price stated that the review process will take a long time as each case will need to be examined individually. The evidence includes hand-written notes about specific people who were left off of juries that identify them as Black or Jewish, as well as transcripts showing the ways in which the jurors were questioned. Price emphasized that this issue is not limited to one or two prosecutors, but rather involves a variety of prosecutors over the years.

The review is aimed at addressing potential violations of the Sixth Amendment's guarantee of the right to a trial by an impartial jury of one's peers. As Price stated, "The Constitution requires that a jury be a cross-section of the community. You can't exclude people because of their race or religion." The outcome of this review could lead to resentencing or retrials for the 37 convicts currently on death row in Alameda County.

Key Takeaways

• Alameda County DA reviewing all death penalty cases for racial bias in jury selection
• Handwritten notes reveal prosecutors excluded Black and Jewish jurors based on bias
• Review prompted by appeal of 1993 death penalty conviction for Ernest Dykes
• Review could lead to resentencing or retrials for 37 convicts on death row
• Highlights ongoing issue of racial bias in criminal justice system and potential for wrongful convictions