A federal judge in Mississippi has ordered a new trial for Terry Pitchford because former DA Doug Evans has a history of bias against black jurors.
Judge overturns Mississippi death penalty case. (PHOTO: The Grio)
According to CBS News, a federal court threw out Terry Pitchford’s death sentence decision in Greenville, Mississippi. U.S. District Judge Michael P. Mills gave Pitchford a new trial for capital murder because his lawyer couldn’t argue against the prosecution’s claim that black jurors were unfairly treated. The court made its ruling based on Doug Evans’ past of being unfair to black voters. Pitchford is now on death row at the Mississippi State Penitentiary while he waits for a new trial for the 2004 Crossroads Grocery theft. The defense said there weren’t many chances to protest the fact that black juries weren’t allowed to sit on Pitchford’s trial in 2006. After four black panelists quit, there was only one black member left, which led to questions about discrimination. Prosecutors had a good reason for hitting black jurors, but Judge Mills said the defense wasn’t given a chance to reply. Failure to follow the six-month review order will let Pitchford out of jail. Evans wrongly kept black people from serving on the jury in the famous Curtis Flowers case. This led the U.S. Supreme Court to overturn Flowers’ verdict and death sentence. Pitchford’s lawyers talked about problems with the jury’s decision, which suggested bad logic and unfair treatment. A spokesman for Mississippi Attorney General Lynn Fitch said the state will file an appeal. Unfortunately, Judge Mills’ order raises worries about the need for a fair hearing and the problems that may come up with choosing a jury and past bias.
