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2 men released from Death Row in California sue Alameda County for $572M over jury selection
The suits say prosecutors excluded Black and Jewish jurors and seek about $572 million after years of unlawful incarceration.
On Tuesday, Ernest Dykes filed a federal lawsuit against Alameda County alleging racially discriminatory jury selection in his 1995 trial, joining fellow exoneree Curtis Lee Ervin, who sued the county on May 27.
Evidence of systematic misconduct surfaced two years ago when notes revealed deputy district attorneys excluded Black and Jewish jurors using derogatory language, which District Court Judge Vince Chhabria confirmed as strong evidence of a pattern in 2024.
Prosecutor Colton Carmine used a red pen to mark Black and Jewish jurors for elimination in Dykes' case, while James Anderson employed a 'Rambo scale' to gauge death penalty support, removing nine of 11 prospective Black jurors despite high rankings.
District Attorney Ursula Jones Dickson has withdrawn resentencing petitions, drawing criticism from defense attorneys who argue the move attempts to suppress further evidence of systemic misconduct.
Attorney Brian Pomerantz argues the $500 million in combined punitive damages forces the county Board of Supervisors to confront decades of discriminatory practices, with implications extending beyond the two plaintiffs.