A federal judge’s ruling has raised concerns about numerous death penalty convictions in Alameda County, California. Judge Vincent Chhabria discovered “strong evidence” that prosecutors intentionally excluded jurors based on race and religion. This systemic bias was uncovered through prosecution notes from the 1995 jury trial of death row inmate Ernest Dykes. The notes were brought to Chhabria’s attention in 2023 by a county prosecutor reviewing Dykes’ conviction.
Chhabria wrote in his ruling that these notes, along with evidence from other cases, provide “strong evidence” of a pattern of misconduct by prosecutors in excluding Jewish and African American jurors in death penalty cases. District Attorney Pamela Price, who campaigned on a promise to eradicate “corruption” in the DA’s office, has vowed to examine all death penalty convictions for racism and anti-semitism.
Dykes was convicted in 1995 of murdering a 9-year-old boy during an attempted robbery. He initially admitted to the attempted robbery but claimed the gun discharged accidentally during a struggle. Despite his claim of innocence, jurors sentenced him to death.
