|Thug from Brutal McDonald’s Beat-Down Video Sentenced to Prison||PGR Airport Recovery Mission for US Navy Petty Officer Brian Lundy, KIA|
UPDATE: Not sure why or how, but looks like the Supreme Court has put a halt to this execution.
The Supreme Court has only called for a stay in the execution. It has not yet given Buck a new sentencing trial, which is what his attorneys had sought after his first trial was tainted by unconstitutional testimony about his race. Even Texas had initially agreed his trial was unfair.
Buck’s attorneys asked Gov. Perry and the district attorney in the case to grant him a new trial like the other defendants whose trials had been tainted by prejudcial racial testimony. But Texas had rejected those requests.
Hopefully ,they’ll do a quick review, and then dismiss it. And then let’s get this thug up to the front of the line as quickly as possible.
A huge travesty of justice. But, justice will be served, if not today, then soon. Just as the other 6 thugs got new sentences, and then all 6 also got new sentences of death, so will Buck, despite the actions of SCOTUS tonight, nothing about Buck’s guilt has changed.
- Thug: Duane Edward Buck (32 at time of offense)
- Date of Execution: September 15, 2011, sometime shortly after 6:00 pm HTT
- Date of Crime: July 30, 1995
- Victim(s): Debra Gardner and Kenneth Butler
- (first) Last Meal: fried chicken, salad, french fries, fried fish, hot sauce, jalapeno peppers, apples, iced tea and water (I wonder if he’ll order the same thing again next time, or will he mix it up)
- Final Words: TBD
This one is
going to be already is a media circus. Why? Because not only are the anti-death penalty loons out in full force, but the race-hustlers are joining them.
The evidence, case, trial, and verdict resulting in Buck’s guilt are rock solid. They are not disputed. He admits that he, and he alone, broke into his ex-girlfriend’s home on the night of July 30, 1995. Once inside, the first person he encountered was his own step-sister. So he shot her in the chest. Then he shot and killed Butler, a friend of Gardner’s. He then hunted down Gardner, who had fled outside. Gardner tried to stop a passing motorist but was shot as she begged for her life. Gardner’s young daughter watched the murder of her mother, begging Buck not to kill her mom.
He didn’t care, and murdered her anyway.
Buck then tried to drive away in his car, but it wouldn’t start. He was arrested by police as he was trying to run away from the scene. He was laughing during and after his arrest, saying that Gardner “the bitch, she deserved what she got,” officers testified.
Again — no one, not even Buck, is disputing his guilt in this capital murder. Nobody is saying that he is retarded and didn’t know what he was doing. Nobody is saying that he shouldn’t be executed because of any claim of innocence. Because he’s not. They’re saying he shouldn’t be executed because…well…because he’s black.
The Irrelevant Race Card
Why all the fuss over a sick, evil piece of shit who tried to kill his own sister-in-law and then brutally murdered two other people? Because during his trial and sentencing, a psychologist testified at the punishment phase of his trial should was asked (by the prosecutor) whether the fact Buck was a black man was relevant to his future dangerousness, a factor the jury must consider when deliberating a death sentence.
And Buck’s trial lawyers did not object to the question:
The New Orleans-based appeals court, in a ruling late Friday, said Buck’s appeal was procedurally barred because it never was raised in state court appeals. The court, however, said even if the issue had been raised properly, it would have been rejected because the race issue first was brought up by his own trial lawyers, making it “a classic example of the defense ‘opening the door’ for the prosecutor to pursue the subject.”
“It was Buck, not the prosecution, who introduced … an expert witness and then solicited testimony from him regarding the use of race as one of several statistical factors for predicting future dangerousness,” the appeals court wrote in its opinion.
The court said Buck’s trial lawyers also argued for a report from the psychologist to be allowed into evidence “despite language in the report suggesting the Buck’s race is one factor that might argue in favor of a finding of future dangerousness.”
Prosecutors referenced the race issue once in the cross-examination of the psychologist, then never mentioned it again, the court said.
Let’s take a step back here for a minute. Because, even if you don’t like the question, and you think it’s racially biased, that doesn’t make it racist or even not true. In fact, statistically, if you look at who commits violent crime in this country. Blacks account for 52 percent of all personal victimizations, including 49 percent of all violent crimes (excluding homicide, which is not determined by the NCVS). Yet they only account for 12.9% of our population.
You might not like to hear that “he’s more likely to be dangerous in the future because he’s black,” but statistically, it’s true.
But do you want an even greater and more accurate indicator of his future dangerousness? How about the fact that he’s already murdered two people in cold blood, after shooting his own sister in the chest, and while a child begged for her mother’s life? Is that a good enough indication for you?
Gov. Rick Perry’s Role in this Execution
Brian Williams, during the MSNBC GOP debate last week, tried to make political hay over Gov. Rick Perry presiding over the most executions of any governor in American history. That kind of blew up in Williams’ face, as the crowd erupted into cheers for Perry. I wouldn’t be surprised to see someone else bring up the execution of Duane Buck again during a debate. The problem is, it’s really out of Perry’s hands now. As the Wall Street Journal notes that he has lost his last bid for clemency.
By Texas law, Perry cannot overturn the board’s recommendation against clemency. He could grant a temporary stay of execution, which would give Buck additional time to push for a new sentencing hearing. His lawyer, Kate Black (irony, huh?) has remarked, ““We urge Governor Perry to grant a temporary reprieve to allow all parties involved to work together to ensure that Mr. Buck receives a new and fair sentencing hearing.”
Uh huh, sweetheart. Except he killed those people in 1995. There has been more than enough time. And none of that could change the outcome of a new trial, where he would be just as guilty as he was during the first trial. And perhaps you aren’t all that familiar with Texas juries, but we’d have no trouble handing out another death sentence for Buck based on nothing more than the evidence, regardless of race. Ask the white supremacist who was executed yesterday.
Brandi Grissom Watch
Yep, and the Texas Tribune’s resident thug-loving, deathrow inmate groupie Brandi Grissom has her panties all in a wad over his impending date with the gurney, too (but don’t you dare call the Texas Tribune biased or a bunch of Liberal political hacks). Feign surprise.
I wouldn’t be surprised if she has 1) an alias over at Prison Talk, and 2) a special pen pal on the row.
Look, sweetheart, I’d respect you more (but not much), if you’d just come out and admit that you are rabidly anti-death penalty, and that ALL of your reporting is done so from that angle and with a goal of building a body of work to support overturning the death penalty in Texas.