theignoramus
Member
On September 26, Georgia intends to execute Keith Leroy Tharpe, who is black, for the murder of his estranged wife. According to Tharpe's attorneys, one juror signed an affidavit that distinguished between "Black folks" and "Niggers."
The juror allegedly said that the victim and her family are "nice black folks" and that Tharpe "wasn't in the good black folks category in [his] book." The juror also apparently said that "ome of the jurors voted for death because they felt that Tharpe should be an example to other blacks who kill blacks, but that wasn't [his] reason." So, what was the reason then? "After studying the Bible, I have wondered if black people even have souls. . . . [L]ook at O.J. Simpson. That white woman wouldn't have been killed if she hadn't have married that black man."
Dont stop reading, it gets worse from here:
Georgia law states that this type of affidavit is inadmissible because jurors are not permitted to impeach their verdicts. [Kate Brumback / AP]. However, the U.S. Supreme Court ruled last term that "where a juror makes a clear statement that indicates he or she relied on racial stereotypes or animus to convict a criminal defendant, the Sixth Amendment requires that the no-impeachment rule give way in order to permit the trial court to consider the evidence of the juror's statement and any resulting denial of the jury trial guarantee." [Pena-Rodriguez v. Colorado]
Earlier this week, U.S. District Judge Ashley Royal of the Northern District of Georgia denied Tharpe's motion to reconsider the integrity of his death sentence. The judge found that the Pena-Rodriguez decision does not apply retroactively to Tharpe's case. The judge also reasoned that there is no evidence that race was considered during the jury's deliberations. The judge also emphasized that the juror was possibly intoxicated when the racist statement was made, and that the juror claims that his statement had been misconstrued.
(pictured here is George W Bush apointee and Senior District Court Judge Charles Ashley Royal)
Let's be clear:a US federal judge dismissed a gravely serious allegation of racial bias from a juror on the grounds that that juror's comments about "niggers" and "Black people having no souls" had been "misconstrued" and "possibly uttered under the influence."
America in 2017.
Tharpe may or may not be guilty, but like any criminal defendant, he should be tried by fair and impartial jurors, not neo-Confederates, White supremacists, or Nazis.
(lock if old)
http://us15.campaign-archive2.com/?u=8df91532e55f25ed5dd237f56&id=257593770b