A staffer at the Alameda County District Attorney’s Office (ACDA) in California uncovered handwritten jury notes that revealed a plan to exclude Jewish and Black jurors from Ernest Edward Dykes's trial.
In a case of widespread alleged misconduct that could overturn the convictions of 35 active death row cases, a district attorney’s office in California has found handwritten notes suggesting that prosecutors may have deliberately left out Black and Jewish Americans from a jury pool about 40 years ago.
Alameda County District Attorney Pamela Price announced on Monday that a series of handwritten notes were discovered, prompting U.S. District Judge Vince Chhabria of the Northern California District to request an investigation from Price’s office.
“This evidence, along with other evidence presented in other cases, strongly suggests that prosecutors from the [Alameda County District Attorney’s office] engaged in a pattern of serious misconduct by automatically excluding Jewish and African American jurors in death penalty cases,” wrote Chhabria.
The review will be overseen by the judge appointed by Barack Obama.
The notes are related to the case of Ernest Edward Dykes. Dykes was sentenced to death in 1995 for the murder of Lance Clark, the 9-year-old son of his landlord, Bernice Clark. Dykes was found guilty of attempting to kill Bernice Clark during a robbery.
51-year-old Dykes is currently appealing his sentence while on death row.
During a press conference on Monday, Price mentioned that she anticipates a lengthy process to determine the extent of potential violations of trial rights. KRON, Price stated during a press conference that the investigation's focus is not political.
A handwritten note released by the Alameda County District Attorney’s Office.
A handwritten note released by the Alameda County District Attorney’s Office.
Price stressed that the investigation is not politically motivated, saying, “I’m required to eliminate unethical behavior. This is about ethics. It’s about ensuring that every individual accused of a crime receives a fair trial. It appears that certain prosecutors in the Alameda County District Attorney’s Office intentionally excluded Black and Jewish jurors.”
Only a few of the handwritten notes were released this week after being under seal, a review of the federal docket in California shows. Some family members of individuals on death row in California have already been informed, as reported by KRON.
Price urged those who may be affected to contact the Victim Witness Advocates program at 510-208-9555 or via email at [email protected].
Price requested those who could be impacted to contact the Victim Witness Advocates program at 510-208-9555 or via email at [email protected].
A lawyer for Dykes did not immediately respond to a request for comment on Tuesday.