Nationwide — A federal judge has mandated the release or retrial of Curtis Lee Ervin, a convicted murderer who has spent 33 years on California’s death row. This decision follows California Attorney General Rob Bonta’s request due to prosecutorial misconduct in jury selection decades ago. The Alameda County prosecutor’s office now has 60 days to retry the 71-year-old Ervin or release him. Ervin was convicted for a 1986 murder-for-hire case.
This ruling is part of an ongoing review of numerous death penalty cases by Alameda County District Attorney Pamela Price. Price contends that former prosecutors systematically excluded Black and Jewish jurors, a practice dating back to the 1980s. The review has unveiled deliberate exclusion of these jurors in many cases, including Ervin’s, leading to the current legal actions.
According to CNN, Ervin’s conviction stemmed from the murder of Carlene McDonald, the ex-wife of his co-defendant, Robert McDonald. Both men were found guilty in 1991, with Robert McDonald dying in prison. Despite the significant judgment, there is uncertainty about how Ervin’s case will proceed. The Alameda County prosecutor’s office has until September 30 to make a decision. The office has not yet disclosed its plans.
Ervin’s attorney, Pamala Sayasane, expressed her client’s disbelief and joy at the ruling. Having been incarcerated for 38 years, Ervin is thankful to those who supported him. Sayasane highlighted that such concessions from the state attorney general are rare and significant, with potential implications for other death row inmates. She pointed out that all six Black women and three Black men were excluded from Ervin’s jury, a clear violation of the 14th Amendment’s Equal Protection Clause.
Price’s investigation into jury selection misconduct also covers the case of Ernest Dykes, convicted in 1993. Evidence of racial bias in jury selection has been uncovered, leading to plans for resentencing Dykes and another death row inmate. Price’s office discovered notes from former prosecutors indicating deliberate exclusion of Black and Jewish jurors. These notes are part of the ongoing settlement negotiations involving the California Attorney General’s Office and lawyers representing death row inmates.
Legal experts suggest that retrying such old cases would be challenging. Defense attorney Linda Kenney Baden noted that witness deaths and reliance on transcripts would complicate retrials. She also mentioned that new prosecutors might be reluctant to risk their reputations on controversial cases. The Alameda County DA’s office has shared notes from the Dykes case, revealing biases against Jewish and Black jurors, with some jurors’ race and religion explicitly marked as reasons for exclusion.
Pamela Price, facing a recall, has stated that racial profiling in jury selection was likely widespread and known under her predecessors. Studies indicate racial bias patterns in jury selections across various states, not just California. Price’s office continues to negotiate settlements for inmates whose cases are under review, aiming to rectify the injustices of unconstitutional trials.
