By California Black Media

Last week, the California Supreme Court voted 5-2 to uphold an Alameda County court’s decision to issue death penalty sentences in over 30 trials, ruling that the prosecutors had valid reasons to dismiss Black jurors.

“We conclude in each instance the prosecutor’s reasons were inherently plausible and supported,” the court ruled. The court cited evidence from jury questionnaires and the prosecutors’ questions directed to the jurors removed from the trial.

In April, a federal judge ordered Alameda County to review over 30 death penalty convictions following allegations that the Alameda District Attorney’s office removed Black and Jewish people from juries.

The trials reviewed included a case that involved a jury in February 2000 that found Giles Albert Nadey guilty of murder and sodomy, sending him to death row.

During this trial, a California prosecutor removed five out of six Black women from the jury pool. According to the prosecutor, some of the Black jurors were reluctant to impose the death penalty. Other Black women had liberal views, the court concluded, that may have clouded their judgment. The defense team eliminated the last Black women from the jury and continued the trial with no Black women serving on the jury.

The court appeal in Nadey’s case alleged that his case was affected by racial bias. However, the Supreme Court decided to uphold the initial ruling and found that the State prosecutor’s decision to remove Black jurors was justified.

Capital punishment remains a complex issue in California’s criminal justice system, although Gov. Gavin Newsom declared a moratorium on executions.

The executive order declared that “death sentences are unevenly and unfairly applied to people of color, people with mental disabilities, and people who cannot afford costly legal representation.”

A report by The Sentencing Project indicated that African Americans are skeptical about pursuing the death penalty in cases. Therefore, criminal justice advocates argue that prosecutors prefer juries that support capital punishment, often excluding Black jurors.

California laws allow convicts to appeal court rulings based on racial bias in criminal hearings. Criminal justice advocates continue to push back on the death penalty and call for more accountability in the courts.

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