Supreme Court Considers Racial Bias Allegations in Mississippi Death Row Case
The United States Supreme Court appeared inclined on Tuesday to side with Terry Pitchford, a Black inmate on Mississippi’s death row, who alleges racial bias during jury selection in his trial. The case shares parallels with another overturned conviction of a Black man from Mississippi.
During the trial that sentenced Pitchford to death for the murder of a grocery store owner, only one Black juror was present. Doug Evans, the retired prosecutor known for excluding Black jurors, dismissed four Black individuals from the jury pool. This practice of racial exclusion in jury selection runs counter to the Supreme Court’s ruling four decades ago in Batson v. Kentucky, which prohibits dismissing jurors based on race.
The current proceedings question whether Pitchford’s defense sufficiently challenged Judge Joseph Loper’s decisions and the Mississippi Supreme Court’s judgment on the matter.
Justice Brett Kavanaugh noted during the discussions that one of Pitchford’s lawyers did attempt to raise objections, stating, “She’s trying to make the objections right there.” However, there was consensus that both the judge and the defense lawyers did not perform adequately during jury selection.
Justice Samuel Alito criticized both the defense and Judge Loper, stating, “This is the most timid and reticent defense counsel that I have ever encountered,” and noted, “The judge didn’t handle this the way it should have been handled.”
The Supreme Court previously overturned Curtis Flowers’ conviction in 2019 due to the prosecution’s persistent efforts to exclude Black jurors. Mississippi Solicitor General Scott Stewart argued that Pitchford’s case differs and requires a different outcome.
Should the Supreme Court rule in favor of Pitchford, the decision could still allow lower courts to decide if his conviction should be nullified. Pitchford, who was 18 at the time of the crime, was implicated in the robbery of Crossroads Grocery in Grenada, Mississippi, where his accomplice fatally shot the store owner. Pitchford was convicted of capital murder and sentenced to death.
Pitchford’s case has been under judicial scrutiny for two decades. In 2023, U.S. District Judge Michael P. Mills overturned the conviction, citing the trial judge’s failure to provide Pitchford’s defense the opportunity to contest the exclusion of Black jurors. Mills also considered Evans’ past conduct in making his decision. However, the 5th U.S. Circuit Court of Appeals later reversed Mills’ ruling.
During the Supreme Court session, Kavanaugh commended Mills’ judgment in the matter, highlighting Mills’ extensive experience and former position on the Mississippi Supreme Court, stating, “He knows what he’s doing. He read the record entirely differently than you did.”
