Duane Buck. Duane Edward Buck (born July 5, 1963) is an African-American man formerly on death row following his conviction for the shooting deaths of his ex-girlfriend Debra Gardner and her friend Kenneth Butler. He also wounded his sister, who was also at Gardner's home.
The psychologist's assertion about black offenders was the cornerstone of Buck's death penalty appeal: that his sentencing was racially biased. In 2000 Texas Attorney General John Cornyn recommended that six cases, including Buck's case, be reviewed for racially biased testimony.
In 2000 Texas Attorney General John Cornyn recommended that six cases, including Buck's case, be reviewed for racially biased testimony. Buck's case was not reviewed; the other five cases were reviewed but all of those offenders were sentenced to death again because the testimony was found to be only a small part of each trial.
Retrieved September 16, 2011. Duane Buck, an inmate on Texas 's death row for the past 16 years, has been spared the lethal injection after the U.S. Supreme Court stayed his execution on the grounds that the jury at his sentencing hearing was told he was a danger to the public because he is black. ^ Wray, Dianna.
The case of Duane Buck has cast a national spotlight on race and the Texas death penalty for the past month, for good reason: his death sentence is the unconstitutional product of racial discrimination. He was condemned to death after his own trial attorneys inexplicably introduced testimony from a psychologist who stated that Mr. Buck was more likely to be dangerous in the future because he is Black. His case, Buck v. Stephens, is now on appeal to the U.S. Supreme Court.
Over the past month, there has been a barrage of national and social media attention to the Texas death penalty case of Duane Buck, for good reason: during his 1997 trial in Harris County, Mr. Buck received a death sentence that is the unconstitutional product of racial discrimination.
The New Yorker: Racial Discrimination and Capital Punishment: The Indefensible Death Sentence of Duane Buck by Lincoln Caplan – April 20, 2016
Now, nearly two decades after his conviction, no court has considered whether the racist testimony elicited at Buck’s trial caused him to be sentenced to death. Moreover, thanks to errors committed by his previous lawyers and an array of laws and legal doctrines that often elevate the finality of convictions ahead of the need to ensure that innocents are not punished and that the death penalty is not doled out unnecessarily, it is far from clear that any court will examine the impact of this racist testimony before Mr. Buck is put to death.
More than 100 prominent individuals from Texas and throughout the country, including civil rights leaders , elected officials, clergy, former prosecutors and judges, past ABA presidents, and a former Texas governor, are calling for a new, fair sentencing for Duane Buck. Read a press release here.
Dallas Morning News (Letter to the Editor) “Grant Duane Buck a New Race-Free Trial”, April 19, 2013
Supreme Court Justices agree that Mr. Buck’s death sentence requires review, because “ our criminal justice system should not tolerate” a death sentence “marred by racial overtones .”.
In 1997, Mr. Buck was convicted of fatally shooting Debra Gardner and Kenneth Butler. During Mr. Buck ’s sentencing hearing, the prosecutor elicited testimony from Dr. Walter Quijano before the jury indicating that African Americans, like Mr. Buck , are more likely to commit future acts of violence. Under Texas’ death penalty statute, prosecutors must demonstrate a defendant’s “future dangerousness” and juries may impose a death sentence only if they find that the defendant poses such a future danger. In her closing argument at Mr. Buck ’s sentencing, the prosecutor urged the jury to impose a death sentence and, in doing so, relied on Dr. Quijano’s testimony that Mr. Buck would be dangerous in the future. 1 The jury followed the prosecutor’s recommendation: it found that Mr. Buck posed a future danger and sentenced him to death.
It is clear that Mr. Buck deserves a new sentencing hearing. Not only did the state improperly inject racial bias into the proceedings, Mr. Buck’s defense counsel at trial failed to investigate, develop and present significant available evidence that would have supported a life verdict. Compounding this problem, Mr. Buck ’s initial state habeas corpus attorney failed to expose his trial counsel’s ineffectiveness.
Austin American Statesman (Letter to the Editor) “Racism Not Justice”, May 7, 2013
Mr. Buck’s death sentence is an unconstitutional product of racial discrimination. LDF presented argument to the United States Supreme Court on Mr. Buck’s behalf on October 5, 2016. You can click here to read the oral argument transcript, here to review the briefs LDF submitted to the Court and here to see the amicus briefs that were filed in support of Mr. Buck’s case.
Duane Buck, sentenced to death because he’s Black, may be one step closer to execution today. On November 20, 2013, a Texas court denied Mr. Buck’s appeal for a new sentencing hearing. The Harris County District Attorney’s Office could seek an execution date at any time. In 1997, a jury in Harris County, Texas, sentenced Duane Buck to death.
Mr. Buck must be punished for his crime, however, the former Texas Attorney General was correct when he said that ‘it is inappropriate to allow race to be considered as a factor in our criminal justice system.’. Mr. Buck should not stand alone as the only one of the seven defendants who has not received his new sentencing hearing.