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Re: Duane Buck -Race and the Death Penalty in Texas
Mon Apr 4, 2016 13:27

Sent to the NYT Editorial Board and 15 NYT reporters. columnists

In a message dated 4/3/2016 11:28:10 A.M. Central Daylight Time, writes:


How Irresponsible Can The NYT Editorial Board Be?

Re: "Race and the Death Penalty in Texas, By THE NYT EDITORIAL BOARD,
SundayReview EDITORIAL, APRIL 2, 2016

From: Dudley Sharp

Falsely invoking racism, as with the Duane Buck case, is just another example of how death penalty opponents will apply any deception, no matter how vile, to achieve their ends (1).

Vicious double capital murderer Duane Buck, also a double attempted capital murderer, murdered his ex girlfriend, in front of three children (2,3,4).

Defense psychiatrist Quijano's testimony was that Buck was at a reduced risk for future danger, the opposite of the op/ed's claims, as known to the jury.

This is exactly how the State has characterized Quijano’s testimony. . . . “In this case, first on direct examination by the defense, Dr. Quijano merely identified race as one statistical factor and pointed out that African-Americans were overrepresented in the criminal justice system; he did not state a causal relationship, nor did he link this statistic to Buck as an individual”.

In fact, just the opposite.

Justice Sotomayor (2), "based" her racism dissent on an out of context presumption of an inference:

"After inquiring about the statistical factors of past crimes and age and how they might indicate future dangerousness in Buck’s case, the prosecutor said: “You have determined that the sex factor, that a male is more violent than a female because that’s just the way it is, and that the race factor, black, increases the future dangerousness for various complicated reasons; is that correct?”

Quijano answered, “Yes.”

After additional cross-examination and testimony from a subsequent witness, the prosecutor argued to the jury in summation that Quijano “told you that there was a probability that [Buck] would commit future acts of violence." (2)

As Sotomayor admits, these are two separate times and contexts. Yet, she improperly attempts to combine them.

The problem for Buck, Sotomayor and the NYT Ed Board is that Quijano's entire testimony, with regard to Buck, specifically, was that he was at reduced risk of being a future danger, as the jury knew.

Was the EB clueless?

Buck got no relief, with Texas AG Cornyn, as was provided in the 5 other cases, because Cornyn knew the context of Buck's case, whereas the NYT EB seems, willfully, blind.

Duane Buck & the False Claims of Racism: More Deceptions by Death Penalty Opponents

  • Race and the Death Penalty in Texas By THE EDITORIAL BOARD - The New York Times APRIL 2, 2016 This month, the Supreme Court will consider whether to hear the appeal of Duane Buck, a black man from... more
    • Re: Duane Buck -Race and the Death Penalty in Texas — Dudley Sharp, Mon Apr 4 13:27
      • DUANE BUCK TOOK A PLEA DEAL OF LIFE/WITH PAROLE TODAY (4.10.2017) Texas death row inmate Duane Buck has sentence reduced to life after Supreme Court orders retrial Duane Buck, whose death sentence in ... more
        • PetraPetra., Fri Oct 6 13:36
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