Hope for 40 death row California inmates after bombshell discovery of decades-old notes that revealed black and Jewish jurors were excluded from trials because they were 'more likely to oppose capital punishment'
- One note describes a Black female juror as 'short, fat, troll'
- Another note reads, 'I liked him better than any other Jew, but no way possible'
- The discovery prompted the review of 35 cases, which may lead to retrials
The shocking discovery of decades-old notes showing racial bias against Black and Jewish jurors has provided renowned hope to nearly 40 death row inmates in California.
On Monday, Alameda County District Attorney Pamela Price disclosed the evidence of prosecutorial misconduct in death penalty cases stretching back to the 1990s.
The findings came amid an appeal for Ernest Dykes' death penalty conviction on murder and attempted murder charges nearly three decades ago. No Black or Jewish jurors heard his case.
In a press release, Price said one of her deputies found handwritten notes that showed an effort to exclude Jewish and Black female jurors from the jury pool in Dykes' case, on the belief that they were more likely to oppose capital punishment.
After Price's office shared the notes with U.S. District Judge Vince Chhabria, he ordered a review of all death penalty cases in the county. State and federal law both prohibit the removal of jurors based solely on race or ethnicity.
Decades-old handwritten notes on jury selection forms were released by the Alameda County District Attorney's Office
The discovery came amid the appeal for Ernest Dykes' death penalty conviction, which came after no Black or Jewish jurors heard his case
District Attorney Pamela Price said one of her deputies found notes that showed an effort to exclude Jewish and Black female jurors from the jury pool in Dykes' case
'These notes - especially when considered in conjunction with evidence presented in other cases - constitute strong evidence that, in prior decades, prosecutors from the office were engaged in a pattern of serious misconduct, automatically excluding Jewish and African American jurors in death penalty cases,' Chhabria wrote.
There are 37 convicts on death row in Alameda County, according to data from the California Department of Corrections and Rehabilitation.
Dykes, 51, is being held at at the California Health Care Facility. He was convicted for the 1995 murder of nine-year-old Lance Clark and the attempted murder of his grandmother during a robbery.
An appeal of Dykes' sentence is currently before Judge Chhabria, and all but two of the 37 cases are being reviewed, which could lead to resentencing or retrials.
Only a few notes were released this week after being under seal.
In one example concerning a Black female juror, a prosecutor wrote, 'Says race is no issue, but I don’t believe her.'
A different note described another Black female juror as 'short, fat, troll' and indicated that she 'seemed put out my Q’s about the D/P...don’t believe she could vote D/P.'
Other notes appear to disparage prospective jurors based on their Jewish identity.
One note described a Black female juror as 'short, fat, troll.' The prosecutor remarked that the woman 'seemed put out my Q’s about the D/P...don’t believe she could vote D/P'
U.S. District Judge Vince Chhabria is currently overseeing the appeal of Dykes' case. He is one of 37 prisoners on death row, and all but two of the cases are being reviewed
Another note about a Black female juror read, 'Says race no issue but I don't believe her'
About one prospective Jewish juror, a prosecutor wrote, 'I liked him better than any other Jew but no way possible - must kick, too risky'
After Price's office shared the notes with Chhabria, he ordered a review of all death penalty cases in the county. Price herself campaigned on a promise not to seek capital punishment
One note from a 1995 trial reads, 'Banker. Jew?' and is followed by 'Nice guy - thoughtful but never a strong DP leader - Jewish background.'
The jury selection form mentions that the man 'used to be anti D/P, now is pro.'
Another note from a death penalty case in the 1990s prominently features the word 'Jewish,' which is underlined. 'I liked him better than any other Jew, but no way possible - must kick, too risky,' it reads.
Capital punishment has remained a contentious point in the California legislature.
Price assumed the role of district attorney in 2023, following a decades-long career as a civil rights lawyer. She campaigned on a promise not to seek the death penalty.
However, Price now faces a recall election, with opponents accusing her of being soft on crime.
In 2019, Governor Gavin Newsom put a moratorium on the state's death penalty and shuttered a gas chamber at San Quentin.
The moratorium deemed the state’s death penalty system 'unfair, unjust, wasteful, protracted and does not make our state safer.'
A coalition of groups including the Legal Defense Fund and the American Civil Liberties Union filed a petition to the California Supreme Court earlier this month.
The legal brief argues that the death penalty system has disproportionally targeted minorities for decades and urges the appeals court to block executions for the foreseeable future.
