It's not looking good for Duane Buck

In the wake of Troy Davis' execution, it's business as usual in Texas. And things are not looking good for Duane Buck. On the surface, the press coverage of the suspension of his execution in Texas for the 1995 murder of his ex-girlfriend and her lover sounds promising – the US Supreme Court in Washington has agreed to hear his case for a new sentencing hearing.

During the original hearing, psychiatrist Walter Quijano said black people are more likely to re-offend than whites. In Texas, after a person has been convicted, the jury is asked two questions: are there mitigating circumstances as to why this person may have committed this crime, and secondly, and most importantly in this case, is this person a future danger. Saying he’s a future danger because he is black is unconstitutional – the law says race should in no way influence the judicial system.

But what’s really not good is that of the five other cases where this particular psych used the racial argument, all five were granted a new sentencing hearing – and all five were sentenced to death again. It seems no one doubts Buck’s guilt, and so the only alternative outcome is life without parole. Better to do life in Huntsville than fester until the needle at Polunsky? Certainly, most would say. Certainly good to get a sentencing hearing that is itself fair under the constitution.

It’s also worth pointing out that the current senator of Texas, Rick Perry, refused to grant Buck a new hearing – it took the granting of a certiorari petition to the Supreme Court to get this one looked at, and they could quite easily refuse a re-sentencing and clear the way for another execution date. But if Rick Perry can sit back and allow what appears to be blatant racism prejudice a trial, what is he going to gloss over in the White House? We’ve lived through one cowboy's time on Pennsylvania Avenue. Maybe the publicity surrounding this case might throw some light on what we can expect from another.