The U.S. Supreme is not going to take up the dying penalty case of Keith Tharpe, a black Georgia dying row inmate. He was sentenced to dying in 1991 for kidnapping and killing his estranged spouse’s sister-in-law, Jaqueline Freeman. That dying sentence was handed down by a jury together with a white juror named Barney Gattie, who made no effort in any respect to make is racism a secret.
Gattie stated Tharpe ought to get the dying penalty as a result of he believed there have been two varieties of black folks, “common black people” and “n****rs.” In his thoughts, the latter included Tharpe, and that kind deserved to die. Regardless of this blatant racism from a juror, no courtroom has ever heard Tharpe’s declare that he was topic to racial bias and now no courtroom ever will. The Supreme Court docket turned the case away, clearing the state of Georgia to schedule his execution.
“As we speak’s resolution from the U.S. Supreme Court docket takes big steps backwards from the Court docket’s longstanding dedication to eradicating the pernicious results of racial discrimination,” Marcy Widder, a lawyer for Tharpe, stated in an announcement. “What occurred in Mr. Tharpe’s dying penalty case was incorrect.” It was incorrect, and although the courtroom was unanimous in turning the case away, Justice Sonia Sotomayor made clear in her concurring assertion that whereas she was “profoundly troubled by the underlying information of the case,” the courtroom needed to make its resolution primarily based on a procedural challenge—whether or not the racial bias declare was made in a well timed method.
That delay was partly attributable to the state of Georgia itself. By the point his case made it to the 11th Circuit courtroom of appeals in 2010, the courtroom determined that the delays attributable to the state meant that his racial bias declare wasn’t raised early sufficient to be considered. In 2018, the case got here again earlier than the 11th Circuit after a Supreme Court docket keep of execution. The decrease courtroom determined once more that Tharpe was barred from elevating the racial bias declare. That reconsideration accomplished, the Supreme Court docket would not take the declare on.
America, the place white supremacists can nonetheless kill folks of coloration and do it with the approval of the Supreme Court docket.