Saturday, November 23, 2013

Grant Duane Buck a New Hearing!

posted by luisa brehm at 7:45 PM

3 Comments:

Blogger dudleysharp said...

Duane Buck: Racism Claims Are Total Fabrication
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).

The problem for Buck and his supporters is that Dr. Quijano's entire testimony, with regard to Buck, specifically, was that Buck was at reduced risk of being a future danger, the opposite of the death penalty opponents claims. No surprise.

From US Supreme Court Justice Sotomayor's dissent, IN FAVOR OF BUCK: “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 over represented 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, the opposite occurred. Dr. Quijano's testimony was about Buck's reduced risk of future danger.

The alleged racist component from the trial never existed.

Sotomayor attempted to create a racism based claim, by taking a prosecutor's inference out of context, an inference which never stated that Buck was at future danger based upon race, as Dr. Quijano stated that Buck was at reduced risk of re offending and never stated that Buck had an elevated risk because of race, nor did anyone.

"Moreover, the prosecutor did not revisit the race-related testimony in closing or ask the jury to find future dangerousness based on Buck’s race." (2).

Even Texas Court Of Criminal Appeals (TCCA) Justice Alcala (3) , who dissented, IN FAVOR OF Buck, recognized Sotomayor's obvious error:

Alcala writes: "As to (Buck's) second claim (based upon racism) , I conclude that (Buck) has failed to make out a prima facie case for discriminatory intent in the prosecution's decision to seek the death penalty in his case." (3). "intent".

Alcala thought this such a minor issue that she didn't even bother to respond to the claim in the body of her opinion, but only in a footnote (3).

That is how untruthful Buck supporters have been.

Death Penalty opponents fabricated a dishonest claim of racism. Despicable but nothing new (1, 5 & 6).

balance at
http://prodpinnc.blogspot.com/2013/11/duane-buck-false-claims-of-racism-more.html

12/01/2013 11:22 AM  
Blogger luisa brehm said...

ohhhhhhhhh you again, Dudley !!!!!

12/01/2013 3:42 PM  
Blogger luisa brehm said...

The Racist Testimony That Helped Sentence This Man to Death
http://blog.amnestyusa.org/us/the-racist-testimony-that-helped-sentence-this-man-to-death/

12/01/2013 3:44 PM  

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