Court records have revealed that prosecutors in Alameda County, California, used homophobic slurs to refer to prospective jurors in death penalty cases. These disclosures add to a growing scandal of misconduct within the district attorney’s office, highlighting systemic bias and discrimination.
The handwritten notes, shared with The Guardian, indicate that anti-gay labels were used during jury selection in two capital trials. In one instance from 2010, a prosecutor referred to a potential juror who worked for Shell oil as a “dyke.” Another note from a 1995 case described a prospective juror as a “possible fagot [sic].” Both individuals were excluded from serving on the juries.
These revelations come just two months after US Judge Vince Chhabria highlighted evidence suggesting that Alameda prosecutors systematically excluded Black and Jewish jurors over the years. The judge has ordered a review of all implicated death penalty cases, which could significantly impact defendants who are currently on death row and appealing their sentences.
The Alameda County District Attorney, Pamela Price, announced in April that her office had identified 35 cases for review. She also disclosed records indicating that the DA’s office had focused on excluding Jewish people and Black women, groups perceived as more likely to oppose the death penalty. In the case of Ernest Dykes, sentenced to death in 1995, prosecutors’ notes revealed a systematic effort to identify and exclude Jewish candidates.
The misconduct extends beyond racial and religious discrimination. Recent disclosures have uncovered homophobic remarks in jury selection notes, further tarnishing the DA’s office’s reputation. Although the specific cases linked to these homophobic notes remain undisclosed, the implications of such bias are profound.
Natasha Minsker, coordinator of the California Anti-Death Penalty Coalition, emphasized the disturbing nature of these notes. “What’s shocking is we have these concrete notes that capture animosity and hatred towards specific members of the community,” Minsker stated. She praised DA Price for making the records public but urged her to address each case’s injustice by eliminating the death penalty threats.
The broader context of this scandal includes a long history of exclusion of Black Americans from juries, despite decades-old Supreme Court rulings intended to prevent such discrimination. The persistence of these issues underscores systemic problems within the criminal justice system.
While efforts to abolish the death penalty in California have stalled, Governor Gavin Newsom has issued a moratorium on executions. Additionally, individual prosecutors have begun to re-sentence those on death row. The DA of nearby Santa Clara County, considered more moderate than Price, recently announced plans to re-sentence men on death row to life without parole.
This growing awareness and the call for reform underscore the need for continued vigilance and systemic change in addressing bias within the legal system.