This article is from the source 'guardian' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.
You can find the current article at its original source at http://www.guardian.co.uk/world/2013/jan/29/texas-capital-punishment-kimberly-mccarthy
The article has changed 9 times. There is an RSS feed of changes available.
| Version 1 | Version 2 |
|---|---|
| Texas postpones execution of female death row prisoner | Texas postpones execution of female death row prisoner |
| (2 months later) | |
| A court in Texas has postponed the execution of a female death row prisoner to give her lawyers time to argue that her death sentence should be commuted to life in prison on grounds that her original prosecution was riddled with racial bias. | A court in Texas has postponed the execution of a female death row prisoner to give her lawyers time to argue that her death sentence should be commuted to life in prison on grounds that her original prosecution was riddled with racial bias. |
| The district court for Dallas County set the execution date for Kimberly McCarthy, 51, back to 3 April, when she will be put to death by lethal injection unless the eleventh-hour efforts of her legal team are successful. McCarthy was found guilty in 1998 of murdering a 71-year-old white neighbour, and if executed would become the first woman to face the death sentence in the US in more than two years. | The district court for Dallas County set the execution date for Kimberly McCarthy, 51, back to 3 April, when she will be put to death by lethal injection unless the eleventh-hour efforts of her legal team are successful. McCarthy was found guilty in 1998 of murdering a 71-year-old white neighbour, and if executed would become the first woman to face the death sentence in the US in more than two years. |
| Maurie Levin of the University of Texas capital punishment clinic, who is representing McCarthy, said she was pleased that defence lawyers would "now have an opportunity to present evidence of discrimination in the selection of the jury that sentenced Kimberly McCarthy to death." | Maurie Levin of the University of Texas capital punishment clinic, who is representing McCarthy, said she was pleased that defence lawyers would "now have an opportunity to present evidence of discrimination in the selection of the jury that sentenced Kimberly McCarthy to death." |
| In a letter to Perry, Levin and her co-attorneys point out that jury selection at McCarthy's trial produced a final panel of 13 people, all but one of whom were white. By contrast, the population of Dallas County is almost a quarter black. | In a letter to Perry, Levin and her co-attorneys point out that jury selection at McCarthy's trial produced a final panel of 13 people, all but one of whom were white. By contrast, the population of Dallas County is almost a quarter black. |
| The lawyers argue that such a striking imbalance was wholly consistent with a history of systemic discrimination in Texas, and in Dallas County in particular, towards white juries in capital cases. The county is 23% black and 69% white, yet of the 31 people from the area who are currently on death row, 37% are black, 22% are Latino and 37% are white. | The lawyers argue that such a striking imbalance was wholly consistent with a history of systemic discrimination in Texas, and in Dallas County in particular, towards white juries in capital cases. The county is 23% black and 69% white, yet of the 31 people from the area who are currently on death row, 37% are black, 22% are Latino and 37% are white. |
| The history of Texas prosecutors "shuffling" black people to the back of the queue during jury selection is long and ugly, bordering on farcical. As recently as 2005, a prospective black juror was asked to show his teeth in court after the prosecutor argued that missing front teeth indicated a "socio-economic stereotype". | The history of Texas prosecutors "shuffling" black people to the back of the queue during jury selection is long and ugly, bordering on farcical. As recently as 2005, a prospective black juror was asked to show his teeth in court after the prosecutor argued that missing front teeth indicated a "socio-economic stereotype". |
| In 1986, a manual was issued to prosecutors that stated it was "not advisable to select potential jurors with multiple gold chains around their necks". Track back to 1963, and the training manual on jury selection from that day advised prosecutors "not to take Jews, Negroes, Dagos, Mexicans, or a member of any minority race on a jury, no matter how rich or how well educated." | In 1986, a manual was issued to prosecutors that stated it was "not advisable to select potential jurors with multiple gold chains around their necks". Track back to 1963, and the training manual on jury selection from that day advised prosecutors "not to take Jews, Negroes, Dagos, Mexicans, or a member of any minority race on a jury, no matter how rich or how well educated." |
| Levin told the Guardian that "there is clear evidence that the prosecution excluded jurors on the basis of race. Given that, the execution of Miss McCarthy had to be stayed." | Levin told the Guardian that "there is clear evidence that the prosecution excluded jurors on the basis of race. Given that, the execution of Miss McCarthy had to be stayed." |
| It is a breach of the US constitution to strike off even one potential juror on racial grounds. | It is a breach of the US constitution to strike off even one potential juror on racial grounds. |
| The postponement will give the lawyers time to present fully their case for habeas corpus to the Texas courts. They could also continue to seek to persuade Perry to use his powers to impose a further 30-day delay in the execution, though on past form an intervention from him must be considered unlikely. There have been 253 executions in Texas under Perry's watch, a record for any US governor in recent times. | The postponement will give the lawyers time to present fully their case for habeas corpus to the Texas courts. They could also continue to seek to persuade Perry to use his powers to impose a further 30-day delay in the execution, though on past form an intervention from him must be considered unlikely. There have been 253 executions in Texas under Perry's watch, a record for any US governor in recent times. |
| Pressure is mounting within Texas for a review of the role racial discrimination has played in jury selection. "The allegation that there might have been racial bias in Dallas county over a number of years might trigger a review of the whole system," said Richard Dieter of the Death Penalty Information Center. | Pressure is mounting within Texas for a review of the role racial discrimination has played in jury selection. "The allegation that there might have been racial bias in Dallas county over a number of years might trigger a review of the whole system," said Richard Dieter of the Death Penalty Information Center. |
| The chief prosecutor of the county, Craig Watkins, who is the first African American to be elected to the role of district attorney in Texas, has called for new law to be introduced that would allow death row inmates to appeal their sentences on grounds of general racial discrimination as underlined by statistics. | The chief prosecutor of the county, Craig Watkins, who is the first African American to be elected to the role of district attorney in Texas, has called for new law to be introduced that would allow death row inmates to appeal their sentences on grounds of general racial discrimination as underlined by statistics. |
| "Throughout history, race has unfortunately played a part – an ugly part – in our criminal justice system," Watkins told the Dallas Morning News earlier this month. | "Throughout history, race has unfortunately played a part – an ugly part – in our criminal justice system," Watkins told the Dallas Morning News earlier this month. |
| A similar law has already been passed by North Carolina. Last month a judge commuted the death sentences of three convicted killers in the state from death to life without parole on the basis of the Racial Justice Act. | A similar law has already been passed by North Carolina. Last month a judge commuted the death sentences of three convicted killers in the state from death to life without parole on the basis of the Racial Justice Act. |
| guardian.co.uk today is our daily snapshot of the top news stories, sent to your inbox at 8am |