The convictions of dozens of death-row
inmates in California are coming under legal scrutiny because of
accusations that Jews and black women were excluded from juries in
capital trials in Alameda County as "standard practice." A former
Alameda prosecutor, John R. Quatman, made the contentions in a sworn
declaration in the habeas corpus case of Fred H. Freeman. Mr. Freeman
is a condemned inmate who is seeking to overturn his conviction in 1987
in a killing and robbery at a bar in Berkeley. Mr. Quatman, who worked
for 26 years as a deputy district attorney and prosecuted the case,
said the trial judge, Stanley Golde, advised him during jury selection
that "no Jew would vote to send a defendant to the gas chamber." "Judge
Golde was only telling me what I already should have known to do," Mr.
Quatman's statement said. "It was standard practice to exclude Jewish
jurors in death cases." Mr. Quatman said the practice extended to
African-American women, who have also been widely considered
sympathetic to defendants, though in Mr. Freeman's case that has not
been an issue. Alameda County officials strongly disputed the claims,
with the man who was district attorney in 1987 calling the accusations
dishonest. The United States Supreme Court has ruled that it is illegal
to reject jurors on the basis of race, and the California Supreme Court
in 1978 extended that prohibition to religion. While habeas corpus
petitions typically challenge trial procedures, it is highly unusual
for the prosecutor in a case to support the petition. A hearing on Mr.
Quatman's accusation, which State Supreme Court ordered in July, is
scheduled for Tuesday in Superior Court in San Jose. If Mr. Freeman's
lawyers succeed, he would get a new trial. But the repercussions are
possibly much broader. Forty-four people from Alameda County are on
death row, and Judge Golde, who died in 1998 after 25 years on the
bench, presided over more death penalty cases in the county than any
other judge. At least eight inmates now on death row had trials
conducted by Judge Golde. [more]