 NEWS Federal Judge Orders Alameda County District Attorney to Review Capital Cases Following Disclosure of Prosecutorial Misconduct in Jury Selection Posted on Apr 26, 2024 PROSECUTORIAL ACCOUNTABILITY RACE RELIGION CALIFORNIA Alameda County Court House On April 22, 2024, Alameda County District Attorney Pamela Price announced that her of F ce was ordered by a federal judge to review death penalty convictions after the disclosure of evidence that several prosecutors intentionally excluded Black and Jewish people from serving on a capital murder trial in 1995.

In a press conference, DA Price indicated that her of F ce discovered the handwritten notes of former prosecutors that include discriminatory jury selection tactics, suggesting “serious misconduct” permeated the of F ce in the 1990s. “It’s not limited to one or two prosecutors, but a variety of prosecutors,” DA Price said. “The evidence that we have uncovered suggests plainly that people did not receive a fair trial in Alameda County and as a result, we have to review all the F les.” U.S.

District Court Judge Vince Chhabria ordered that the notes be made public following their discovery in the case of Earnest Dykes, who was convicted and sentenced to death for the attempted robbery of an elderly woman and the murder of her 9-year-old grandson.

Judge Chhabria wrote that these notes, “especially when considered in conjunction with evidence presented in other cases – constitute strong evidence that, in prior decades, prosecutors from the of F ce were engaged in a pattern of serious misconduct, automatically excluding Jewish and African American jurors in death penalty cases.” DA Price’s of F ce released excerpts of the prosecutors’ notes, including one involving a Black female juror, where the unnamed prosecutor wrote, “Says race is no issue, but I don’t believe her.” In a separate note regarding another Black female juror, a prosecutor described her as “short, fat, troll,” and that she “seemed put out by? my [questions] about the [death penalty] – tried to avoid giving direct answer [sic] a lot of ‘I don’t knows’ – don’t believe she could vote [death penalty].” Additional notes released by the district attorney’s of F ce indicate that prosecutors placed emphasis on jurors’ Jewish identities, speci F cally underlining the word ‘Jewish’ and noting another juror’s profession as a banker and questioning his religion.

The prosecutor’s notes are followed by “nice guy – thoughtful but never a strong [death penalty] leader – Jewish background.” Brian Pomerantz, an attorney for Mr. Dykes, praised DA Price’s of F ce for releasing these notes. “It is overwhelming for Mr. Dykes to learn that this kind of misconduct and prejudice was happening in his case. After years in prison, he’s learning he didn’t get the fair trial he should have gotten.

He’s always thought this… but to hear the DA’s of F ce saying it themselves is profound.” During the press conference following Judge Chhabria’s order, DA Price said that her decision to review all cases not only stems from the judicial ruling, but also an ethical responsibility. “This is not about left or right or any kind of politics,” said DA Price. “This is about ethics.” In a statement, Senior Director of Color Of Change Michael Collins said that this information “is horrifying.

We have known for a long time that prosecutors often engage in unethical practices, but this scandal, uncovered by DA Pamela Price, is unparalleled.” He continues that “for too long, prosecutors have sought to win at all costs, even if it means engaging in constitutional violations, civil rights violations and antisemitic and racially disparate practices that result in people sentenced to death.” The Alameda County DA’s of F ce started their review process about a month before the federal order and have been in contact with victims and survivors in the affected cases. “We recognize how terrible this is, and it is something we have to make right,” DA Price said.

She added that “it’s outrageous. When you have this kind of misconduct, it impacts them F rst and foremost because have been misled… We have to be mindful of the impact that this has on them and address their needs as well as balancing the right of every defendant to a fair trial.” DA Price’s review comes just a few weeks after a group of legal advocates, including the Of F ce of the State Public Defender and Color Of Change, asked the California Supreme Court to “bar the prosecution, imposition and execution of death sentences” because of its disproportionate use on people of color.

The court F lings indicate that Black defendants are approximately nine times more likely to be sentenced to death in California than all other races.

Additionally, neighboring Santa Clara County District Attorney Jeff Rosen recently announced that he would seek to resentence men sentenced to death in Santa Clara to life sentences without the possibility of parole.  SHARE  TWEET  EMAIL . j https://deathpenaltyinfo.org/news/federal-judge-orders-alameda-county-district-attorney-to-review-35-capital-cases-following-disclosure-of-prosecutorial-misconduct-in-jury - selection      POLICY ISSUES  FACTS & RESEARCH  DA Rosen cited the “diminishing likelihood” or any executions in California because of Governor Gavin Newsom’s moratorium on the death penalty. “The state is dismantling death row, and it is time we recognize this reality and dismantle these sentences as well,” said DA Rosen in a resentencing motion.

Despite Gov. Newsom’s moratorium, nearly prisoners remain on death row. California’s last execution took place in 2006. TAGS  Pamela Price  Alameda County, California  Jeff Rosen  Gavin Newsom SOURCES Salvador Hernandez, Federal judge orders Alameda County to review death penal ty cas es, Los Angeles Times, April 23, 2024; Annelise Finney, Allegations of Prosecutorial Bias Spark Review of Death Penalty Convictions in Alameda County, KQED, April 22, 2024; Sam Levin, California coun ty to review death penal ty cas es after judge cites ‘pat tern of mis con duct,’ The Guardian, April 22, 2024.

Image cred it: Coolcaesar, CC BY-SA 4.0 <https:// cre ativecom mons .org/ l i c e n s e s / b y - s a/4.0>, via Wikimedia Commons RACE May 16, 2024 New DPIC Report Traces Ohio’s History of Racial Violence to the Modern Use of Capital Punishment in the State CALIFORNIA Apr 30, 2024 Professor Elisabeth Semel on the Implications of Batson v.

Kentucky and California’s Capital Punishment System RELIGION Apr 26, 2024 Federal Judge Orders Alameda County District Attorney to Review Capital Cases Following Disclosure of Prosecutorial Misconduct in Jury Selection Join our mailing list SUBSCRIBE Enter your email address II EXECUTIONS  DEATH ROW  STATE & FEDERAL INFO  ABOUT  FOR THE MEDIA RESOURCES  FOR EDUCATORS  FACT SHEET DONATE Death Penalty Information Center K Street NW, Suite Washington, DC Phone: 202-289-2275 Email: dpic@deathpenaltyinfo.org Privacy Policy | ©2024 Death Penalty Information Center