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This Is All Kinds Of Wrong of the Day: Duane Edward Buck, an African-American Death Row inmate convicted in 1997 of killing two people while under the influence of drugs, is scheduled to be executed in Huntsville, Texas, this Thursday.

But his lawyers, a prosecutor responsible for his death sentence, and a woman he shot, are requesting clemency for Buck because they believe he did not receive a fair trial.

According to Buck’s lawyer, Kate Black, his 1997 conviction was tainted by the testimony of Dr. Walter Quijano, a psychologist who told jurors Buck was likely to be violent again in the future because he is black.

In order to recommend capital punishment, the jury must determine the likelihood of “future danger” posed by the defendant. Quijano initially suggested that Buck did not pose a “future danger” because he had no priors. However, when asked by a prosecutor whether Buck’s race “increases the future dangerousness,” the doctor responded affirmatively.

Quijano made similar remarks in six other cases that resulted in a death sentences. After Texas state attorneys admitted that race should not have been a factor in the jury’s decision, all six cases were retried.

The Texas Board of Pardons and Paroles has already voted to reject the clemency request, and the Harris County district attorney’s office has flatly refused to take any action. All eyes are now on Gov. Rick Perry, who has the authority to grant Buck a 30-days reprieve, which would give his lawyers the time they needed to arrange an unbiased do-over.

“We urge Gov. 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 untainted by race-based testimony,” said Black.

A Perry spokeswoman told the Texas Tribune that his office had not yet received a reprieve request, but, once it is received, “just like every other request for a 30-day reprieve, it will be reviewed.”

[latimes / texastrib.]