Texas Set to Execute Man Because of His Race

Sam Taxy, Care 2, September 3, 2011

Sadly, executions in Texas are no rare occurrence. Rick Perry, the current Republican governor and presidential hopeful, has presided over more executions than any governor in the modern history of execution. One impending execution, though, is making headlines, because the man set to be executed may have been sentenced to die explicitly because he is a black man.

No one doubts that Duane Edward Buck killed his ex-girlfriend and her friend in July of 1995; there is no reasonable doubt that he is a murderer. After his guilt was determined, though, the prosecution called a psychology “expert” during the sentencing phase who testified that because Buck is black he is more prone to violence–and should therefore be executed. The jury then sentenced him to death.

It doesn’t take a constitutional scholar to see the problem–obviously any “evidence” like this should have been inadmissible, and it likely influenced the jury. Then state Attorney General (and current Republican US Senator) John Cornyn actually petitioned the US Supreme Court to retry this case and five others, in which experts had testified that ethnic minorities were more likely to continue to commit crimes. {snip}

At this point, the other five defendants have been granted new trials, but Buck has not. {snip}

So basically, Duane Edward Buck’s last chance at getting a fair trial is now up to the governor with more blood on his hands than any other governor in recent history. {snip} As the presidential campaign heats up, though, all eyes are on Perry to see if he will grant Buck his Constitutional right to a fair trial, where race is not a factor. {snip}

{snip}

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  • Anonymous

    If Perry holds his ground here I will absolutely have a more favorable opinion of him. His record on the illegals is atrocious, but in his favor he did execute that Mexican illegal even after Obammy put his two cents in. If he holds his ground with Buck, I would have to say he has integrity — as far as someone who punishes violent criminals.

    Still favor Ron Paul, though. He has publicly come out against welfare & similar entitlements, as well as being against birthright citizenship.

  • Bernie

    “After his guilt was determined, though, the prosecution called a psychology “expert” during the sentencing phase who testified that because Buck is black he is more prone to violence—and should therefore be executed. The jury then sentenced him to death.”

    Given the track record of groups like this I doubt this testimony really happened. I would like to see the real story behind this charge, however.

    Could a psychologist really have spoken the truth about race and violence in public?

  • Anonymous

    Why should propensity evidence be inadmissible in the punishment phase of a capital criminal case? Propensity evidence has been ruled admissible by the US Supreme Court to show the chances a Sexually Violent Predator will reoffend in civil SVP commitment hearings.

  • TomSwift

    In fairness, men are more likely than women to commit crimes but we don’t give men harsher sentences.

    I wonder why such statements are even allowed – all they do is create opportunities for appeal.

  • Question Diversity

    1:

    Of course, the only reason that particular Mexican illegal was in Texas to murder the person or people he did was because of the open borders policies of people like Rickroller Perry. It would have been a lot better to keep him out and therefore the people he wasn’t here to murder would still be alive.

    But that’s just me…

  • Wayne Engle

    Gov. Perry was just asked during the Republican presidential debate whether he ever had any trouble sleeping over any of the 234 executions he’s allowed to go forward. His answer: “No, sir.” A big round of applause from the audience resulted. I’d say Buck had better say his prayers, because he’s going to fry.

    The website where the original story appeared seems to be designed mainly to get the death penalty abolished by playing the race card (mainly).

    By the way, as this story is about Texas, I was very impressed by Rick Perry tonight. He answered the questions and defended himself well (a couple of stumbles, but nothing serious), and was smart enough not to ramble on and on, as some of the other candidates did.

  • the Soviet Republic of New Jersey

    TEXAS GOVERNOR IS RESTRICTED BY LAW WITH INTERFERING WITH EXECUTIONS

    After President Bush, by now everyone should know that the Governor of Texas is just a member of a review board that oversees capital punishment sentences. Texas method has the US Supreme Court seal of approval. Texas murderers kiss your selves good bye.

    I wish they could televise these executions on the internet and ask for volunteers to help with the executions.

  • JT

    So it is ok for Seattle to dole out selective punishment based on race and “historical social injustice” but when the same standard works against them they cry foul. Ain’t that just a peach?

  • William

    Didn’t Perry allow the execution of a White man named Cameron Todd Willingham for arson-murder go ahead after compelling scientific evidence from the United States most revered arson expert emerged that the blaze was natural?

    Perhaps Willingham was still executed not on his guilt but to keep the White/Black execution ratio look politically correct.

    Seems Perry is just a carear opportunist. His record on patriotic immigration refrom is abominable.

  • MJ

    Texas must have some tough laws. I come to that conclusion after over hearing a black man talking, very loudly, on his sail fone while in line at a convenience store. He was saying how his girl fren was upset that her son was leaving for Texas with a fren he met in prison. He made the remark that she was worried because of his propensity to break the law and Texas had, and used, the death penalty. The word is out, at least here in Florida,that Texas has the guts to execute their trash.

  • Rebelcelt

    No one doubts that Duane Edward Buck killed his ex-girlfriend and her friend in July of 1995; there is no reasonable doubt that he is a murderer.

    and….

    So basically, Duane Edward Buck’s last chance at getting a fair trial is now up to the governor with more blood on his hands than any other governor in recent history.

    HEY STUPID, I hate to point out the obvious..but no none doubts he did it….that is a fair trial!!! A process to determine guilt or innocence(not social causation).Death is the penalty for a double murder…anything else is unfair for the victims and their families ..if you care about them which you do not.

  • June

    Poster # 5 – No, it’s not just you. Many crimes would not have happened if it had not been for illegal aliens being here. Our “leaders” have never connected the two however – illegal aliens = crime of all sorts. Nor have they ever connected the fact that because of huge masses of illegals as well as legal immigrants, millions of Americans are unemployed. At least, they won’t admit these facts. They’ve sold their souls for cheap labor for their big contributors and votes from illegal alien supporters. They want to belly up to the public trough as long as possible. And, I haven’t seen anyone yet who seems willing to fix this problem. They don’t have the courage to stand up for Americans any longer. This situation would never have existed when we had the “greatest generation.” Our country was protected then. Today, it’s up for sale to whatever third world nation comes through with the “incentives.”

  • Weisser Wolf

    Great point JT! The courts have had no problem using race/socio-economic factors, etc. when it was to their benefit; look at the testimony allowed with Brown vs. Board of Ed. and the “colored dolls theory”!! No sir, we can’t allow scientific evidence that proves blacks have higher rates of criminality et al, but we must take race into account when the tables are turned!!

    The “racism/it’s whitey’s fault” must be wearing thin America; wake up!!!!!

  • Anonymous

    “…a psychology “expert”…testified that because Buck is black he is more prone to violence—and should therefore be executed. The jury then sentenced him to death.”

    I find it really hard to believe that this is what actually happened. Sounds like propaganda to me. I mean, how likely do you think it is that any court would allow “expert testimony” arguing that a defendant is more prone to violence because of his race and should be executed? If something like this was actually said, I would think it would be good grounds for a mistrial.

  • Robert

    This is the same Rick Perry who signed the death warrant of a factually innocent White man (Cameron Todd Willingham)and then manipulated a commission that was investigating the wrongful execution.

    I spent a couple of years in prison in my mid-20s. It’s where I first started to develop a real sense of racial consciousness. It’s also where I developed a strong opposition to the death penalty.

  • Greg

    “Still favor Ron Paul, though. He has publicly come out against welfare & similar entitlements, as well as being against birthright citizenship”

    Ron Paul is also against the border fence because he believes it will keep American citizens in like caged animals. Apparently he hasn’t heard of jet airplanes or patrolled gates to make sure we allow in the select few we want while allowing law-abiding American citizens to travel to Mexico if they so choose.

    Not rational thinking as far as I’m concerned. What’s next? Is Ron Paul going to accuse the Pacific Ocean of being some giant conspiracy started by the government?

  • Anonymous

    I wonder if the murdered victim got a fair trial. Oh wait racsim is worse then murder. Cool

  • Robert

    Correction of my last reply: Texas governors do not sign death warrants. However, from the wikipedia page on Willingham:

    Dr. Gerald Hurst, an Austin scientist and fire investigator, reviewed the case and concluded there was “no evidence of arson”, the same conclusion reached by other fire investigators. Hurst’s report was sent to governor Rick Perry’s office as well as Board of Pardons and Paroles along with Willingham’s appeal for clemency.[28] Neither responded to Willingham’s appeals. In response to allegations that he allowed the execution of an innocent man, Perry was quoted as stating “he was a wife beater.” “The whole case was based on the purest form of junk science,” Hurst later said. “There was no item of evidence that indicated arson.” Perry spokeswoman Katherine Cesinger said the Governor had weighed the “totality of the issues that led to (Willingham’s) conviction.”

  • Anonymous

    #16:

    I hear you, but Rep. Paul has spoken about getting U.S. troops out of the rest of the world and putting them on the border. If we had say, 40,000 troops on the border, the whole border, would we need a fence? The army could rotate men on and off the border similar to how the South Koreans put troops on their DMZ (along with the 37,000 US troops that are there as well). Maybe that would do the trick?

  • Reply to Greg

    Not true at all. He actually wants to leave things like immigration and the border fence up to the states. Ron Paul is a strict constitutionalist, so if you disagree with his policies either you are wrong or the constitution is wrong. I would prefer to get back on track as opposed to keeping up the status quo. I support Ron Paul and I will be voting for him during our next elections.

  • Tom UK

    I’m betting the psychologist said such things in order to give the criminal grounds for a mistrial.

    I, on the other hand, would suggest that there is a higher lifetime incidence of violence among CONVICTED MULTIPLE MURDERERS- he had already been judged guilty of the crime by the time of the penalty phase hearing for those of you reading from outside the US.

  • Bilbo

    @TomSwift You state, “In fairness, men are more likely than women to commit crimes but we don’t give men harsher sentences”. Where do you get your (mis)information from? Nothing could be further from the truth!!! I suggest that you read a few books on “masculinism” or check out some men’s rights sites for your edification.

    That being said, this murder should be executed.

  • ben tillman

    “In fairness, men are more likely than women to commit crimes but we don’t give men harsher sentences. ”

    Uh, yeah, we do.