Andre Cole is an
African-American man who was tried and sentenced to death by an all-white
jury in St. Louis County. Despite the systemic exclusion of
African-American jurors from his trial, Mr. Cole is scheduled for execution
on April 14. It is no coincidence that St. Louis County embraces
the City of Ferguson, which is characterized by its publically condemned and
racially biased law enforcement and prosecutorial practices. Nor is it
a coincidence that St. Louis County ranks 9th among all counties
in the U.S. in the number of murder convictions leading to executions.
Unfortunately, the
treatment of Mr. Cole is part of a larger pattern and practice of racially
charged prosecutions. Last year, Missouri executed Herbert Smulls, an
African-American who was also sentenced to death by an all-white jury in St.
Louis County in 1992. Kimber Edwards, also African-American, originally
faced execution on May 12. (His date was rescinded by the Missouri
Supreme Court, due to concerns regarding his attorneys'
schedule). He
too was convicted by an all-white jury in St. Louis County. In each of
these cases, prosecutors challenged the participation of African-Americans in
the jury, striking eligible panelists from service.
Race plays a significant
role in the application of the death penalty. Studies from the General
Accounting Office, and elsewhere, consistently demonstrate that the single
most reliable predictor of whether someone will be sentenced to death is the
race of the victim. A 2007 study by Yale University Law School revealed
that African-American defendants receive the death penalty at three times the
rate of white defendants in cases where the victims are white. Death by
discrimination holds no place in a rational, fair or accurate system of
justice.
In Missouri, over 40%
of the individuals on death row are African-American. Yet,
African-Americans only constitute 12% of the state’s population. An
exhaustive review of the death penalty in Missouri, conducted in 2005, found
that African-Americans accused of killing white victims were five times more
likely to be charged with capital murder than African-Americans accused of
killing African-American victims.
The murder of Anthony
Curtis, and the attack on Andre Cole’s ex-wife are tragic. Yet, a
civilized society recognizes that death penalty is not meant to be used upon
people, based on racial considerations. If the State of Missouri
executes Andre Cole it would diminish us all and once again call into
question Missouri’s understanding that black lives matter.
- Contact
Governor Nixon to urge that he stay Mr. Cole’s execution until a Board
of Inquiry can examine racial bias in juror selection. Call 573-751-3222.
You can also email
him and
include him in your tweet using the handle @GovJayNixon
- Contact
Attorney General Chris Koster to urge that he support the appointment of
a Board of Inquiry to examine racial bias in juror selection. Call
573-751-3321.
|
