Skip to main content

Racial bias found in Texas death penalty cases, Harvard Law School study says

Texas death chamber
Texas death chamber
Harris County was named 1 of 16 'outlier' counties in the US, where 5 or more death sentences were assessed between 2010 and 2015

A Harvard Law School study has found that racial bias, overly aggressive prosecutions and inadequate representation for poor defendants affect death penalty cases in Harris County, Texas. Juries in the county, which includes Houston, have imposed the death penalty more than any other county in the US since its reinstatement in 1976.

The Fair Punishment Project also notes that the number of death sentences handed down in Harris County has fallen to 10 since 2010, from 53 between 1998 and 2003.

Harris County was named 1 of 16 "outlier" counties in the US, where 5 or more death sentences were assessed in between 2010 and 2015. In the 8 counties examined by the study, 41% of the death sentences were given to black defendants and 69% to minorities overall. In Harris County, all defendants condemned since 2004 were from racial minority groups.

"When you look at what the death penalty actually looks like on the ground in Harris County, you see things that should disturb you," Rob Smith, one of the researchers on the project, told the Houston Chronicle.

"There's a pattern of overzealous prosecution that dates back for decades but is still present in the time period for the study, and is matched by under-zealous [defense] representation in cases."

Harris County district attorney Devon Anderson said her office was judicious in its use of the death penalty.

"When we seek death, it's because we have a solid guilt/innocence case and a very strong punishment case," she said. "The death penalty is only appropriate for the worst of the worst."

Anderson said she did not know the race of a defendant or victim whenever she and 4 top staff members met to discuss whether to seek the death penalty.

"I think it's very important that it be 'blind' in that regard," she said.

Juries across the country are proving to be increasingly reluctant to sentence defendants to death, the Harvard report said, choosing instead the option of life imprisonment without parole.

The last Harris County trial in which prosecutors sought the death penalty ended in November: 28-year-old Jonathan Sanchez was given life without parole. The last Harris County jury to assess a death sentence did so in 2014, when Harlem Lewis was sent to death row for the killings of Bellaire police officer Jimmie Norman and "good samaritan" Terry Taylor.

The Harris County district attorney's office is currently seeking the death penalty in 2 cases. Ronald Haskell, who is white, is accused of killing 2 adults and 4 children from his ex-wife's family in spring 2014. David Ray Conley, who is black, is accused of killing his ex-girlfriend, her husband and 6 children, including his son, last year.

Source: The Guardian, August 28, 2016

Study: Harris County death penalty cases plagued by bias


A Harvard Law School study reports that racial bias, over-aggressive prosecutions and poor representation for indigent defendants plagues the handling of death-penalty cases in the Southeast Texas county where Houston is situated.

The report by the school's Fair Punishment Project names Harris County as one of 16 "outlier" U.S. counties where 5 or more death sentences were assessed in 2010-15.

Harris County juries have imposed death penalties on more defendants than in any other county since the 1976 reinstatement of the death penalty. The number of death sentences has fallen from 53 in 1998 through 2003 to 10 since 2010. However, all condemned since 2004 are from minorities.

Harris County District Attorney Devon Anderson told the Houston Chronicle (http://bit.ly/2brIHX6) her office is judicious in its use of the death penalty.

Source: Associated Press, August 28, 2016

⚑ | Report an error, an omission; suggest a story or a new angle to an existing story; send a submission; recommend a resource; contact the webmaster, contact us: deathpenaltynews@gmail.com.


Opposed to Capital Punishment? Help us keep this blog up and running! DONATE!

Most viewed (Last 7 days)

Florida Set to Execute Man Who Said He Killed to Reach Death Row, Challenging Misconception that Death Penalty Deters Crime

Florida is scheduled to execute James Robertson at noon on Tuesday, October 13, at Florida State Prison. His execution remains scheduled despite the withdrawal of William Lee Thompson’s death warrant, which had called for a 2nd execution that evening. If completed, this will be Florida’s 17th execution of 2026. Floridians for Alternatives to the Death Penalty (FADP) and partners will be holding a series of vigils and demonstrations across the state. 

Christa Pike's Survival Wasn't a Miracle. That's What Should Scare Us.

What happened in Tennessee's execution chamber is one of the most common failures in medicine Christa Pike is awake. A week after Tennessee strapped her to a gurney and gave her two doses of pentobarbital , she is off the ventilator and speaking from a hospital bed, still shackled to it. Her lawyers call her recovery " medically unprecedented. " Legal scholars say she is the first person in American history to survive a lethal injection after the drug was actually given. I understand the impulse to make such claims. I consulted for Pike's legal team, but I have also spent three decades in operating rooms and intensive care units (ICUs), and I want to resist the word "unprecedented" and the word "miracle" that hovers just behind it.

Christa Pike: 4 Major Questions As She Returns to Death Row

As Christa Pike returns to death row after surviving Tennessee’s attempt to execute her, several questions remain about her case and what comes next.  Pike, 50, was discharged from hospital and moved back to the Debra K. Johnson Rehabilitation Center, the women’s prison where she was housed for 30 years, her attorneys said on Saturday.  She was hospitalized after surviving 2 doses of the lethal drug pentobarbital as Tennessee attempted to execute her on September 30. Pike was sentenced to death for the 1995 murder of 19-year-old Colleen Slemmer, her classmate at a Job Corps training program in Knoxville, Tennessee. Pike was 18 at the time. 

Florida executes James Robertson

STARKE, Fla. — A Florida prisoner who said he killed his cellmate specifically to get on death row was executed Tuesday, nearly 18 years after the attack. James Robertson, 63, declined to offer any last words before receiving a three-drug injection and was pronounced dead about 10 minutes later. It was a stark contrast to the failed execution of Christa Pike in Tennessee two weeks ago, where she was rushed to the hospital after surviving two lethal doses of pentobarbital.

USA | Firing squad execution to be livestreamed, Pentagon says

The public will be able to watch the execution of a former US Army major by firing squad, US Defence Secretary Pete Hegseth has said. A Defense Department official told the BBC the execution of Nidal Hasan, who shot dead 13 unarmed US soldiers at Fort Hood in 2009, would be livestreamed. It is believed it would be the first public execution in the US in almost a century. The decision to livestream it is "unprecedented in the modern era" and "on uncertain legal terrain", said John Mills, a lawyer who works with inmates sentenced to death.

Saudi Arabia executes two Bangladeshis over 'immoral act' inside mosque

Saudi Arabia has carried out the death penalty on two Bangladeshi nationals in Mecca. The country's Interior Ministry announced this in a statement on Wednesday. According to the report, they were sentenced over allegations of involvement in immoral acts inside a mosque in Mecca. The information was reported by Ajel News, citing the Saudi Interior Ministry's statement. The two Bangladeshis executed were a man and a woman, Nazrul Islam Abdul Basir and Sithi Akhter. The “immoral acts” referred to illicit heterosexual intercourse, not homosexual activity.

What Tennessee wants to do next to Christa Pike is beyond grim

Christa Pike, the woman who survived two execution attempts in Tennessee earlier this week, remains hospitalized in critical condition, where presumably medical staff is at work trying to keep her alive.  If she wakes from the coma she had entered, Tennessee officials want to start anew to inject lethal drugs into her seemingly too-small veins to kill her and carry out the state death warrant. Pike also is being treated for “significant injuries to both arms” sustained when two lethal injections of pentobarbital failed to kill her. If she dies, there will be no need to try again.  As we know by now, Tennessee tried to put Pike to death Wednesday night by lethal injection for a murder she committed when she was 18. She would have been the first woman executed in the state in 200 years. 

Tennessee | Republicans legislature to investigate other execution methods after failed lethal injections

Republican leaders in Tennessee’s legislature say they will investigate the reliability of lethal injection as an execution method after the state failed to execute two death row inmates in the span of five months. Gov. Bill Lee stopped the May execution of Tony Carruthers after a physician unsuccessfully attempted to insert intravenous lines to begin the lethal injection process for over an hour. Death row inmate Christa Pike survived two failed rounds of Tennessee’s lethal injection protocol on Sept. 30 before the execution was halted. Pike, who was sentenced to death for the 1995 murder of Colleen Slemmer, is receiving medical care in a Nashville hospital. 

Buffalo Tops shooter files last-minute bid to avoid death penalty

Payton Gendron, who is already serving life without parole for killing 10 Black people in a racist mass shooting at a Buffalo supermarket in 2022, is asking a federal judge to throw out the case that could send him to death row. Defense attorneys filed the motion Monday — a day before jury selection was scheduled to begin — seeking to dismiss Gendron’s federal indictment. They argued that Black residents are underrepresented in the jury pool for New York’s Western District, according to WIVB and WKBW.

Tennessee | Christa Pike’s lawyer says she has not regained consciousness since her failed execution

Christa Pike has remained unconscious and on a ventilator at a hospital in the four days since her failed execution in Tennessee, and her prognosis might not be known for days more, one of her lawyers said Sunday. Little has been released about Pike’s condition since Wednesday night’s execution attempt. She has since remained hospitalized under guard as doctors try to get the massive dose of the barbiturate pentobarbital out of her system. When asked whether she ever regained consciousness after the execution attempt, Assistant Federal Defender Stephen Ferrell, Pike’s lawyer, said on CNN’s “State of the Union”: “Not that I am aware of.”