25 Burst results for "Curtis Flowers"

"curtis flowers" Discussed on 60 Minutes

60 Minutes

05:27 min | 3 months ago

"curtis flowers" Discussed on 60 Minutes

"The store's owner bookkeeper delivery man and a sixteen year old was shot in the head execution style. No one saw it happen when you heard about the crime and the way they were murdered reaction when my heart drop for the first thing you know i feel sorry performed. The and i thought we could have been there. Curtis flowers had worked at tardy that summer for three days delivering in fixing furniture. But he was let go after. He stopped showing up almost immediately after the murders. Some victims families suspected flowers. The police questioned him but made no arrest. Months past flowers moved to texas to live with his sister. And there's a knock at the door. And i answered it and the next thing was all guest wall being ankle and he explained to me that we just have warrant for your wrists back in mississippi. I said for what he said. Four council capital murder. Yeah send me. Flowers had no criminal record and was more likely to be on stage with a gospel group than in handcuffs. There was no murder weapon. No dna or fingerprints linking him to the crime but it took an all white jury just an hour to deliberate and convict him at age. Twenty seven curtis flowers was sentenced to death putting the mississippi state penitentiary known as parchman prison. Were you scared. What's parchman like the worst thing he ever dreamed up. Yeah like a nightmare. Because you know you hear all cows and the noise and night you know Inmates who l. just some who have lost it the act up all night you were sitting on death row. I imagine other death row. Inmates were beings and recognized so his conviction was appealed and overturned. But there would be five. More trials for curtis flowers for the same crime by the same prosecutor. How can a person be tried for the same crime six times. This case is unprecedented. In the history of the american legal system attorney robert mcduff of mississippi center for justice..

Curtis flowers mississippi parchman prison texas Flowers robert mcduff mississippi center for justice
"curtis flowers" Discussed on Wrongful Conviction Podcasts

Wrongful Conviction Podcasts

01:37 min | 3 months ago

"curtis flowers" Discussed on Wrongful Conviction Podcasts

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"curtis flowers" Discussed on Bloomberg Radio New York

Bloomberg Radio New York

05:38 min | 1 year ago

"curtis flowers" Discussed on Bloomberg Radio New York

"To Bloomberg Law with Joon Grosso from Bloomberg Radio. After finding from death row for decades, Curtis Flower will not be tried for 1/7 time for a quadruple murder in 1996. After the long legal road that went to the Supreme Court, state prosecutors decided to dismiss the charges against flowers. Joining me is Jordan Reuben Bloomberg Law editor. You didn't tell us about the six trials that flowers had Well, the name thing that was pointed out in the Supreme Court. Eventual decision in Curtis Flowers favors that there was a pattern by the local district attorney, Doug Evans, of trying to keep perspective black jurors off of the jury. That was a pattern that had emerged over the years and all of those trials. The prosecutor decide to drop the charges, was it because of the Supreme Court case? I think it's certainly wass. Now. It's important to note that after the Supreme Court's decision last year, the case was remanded back to that same district attorney Doug Evan. And the prospect of 1/7 trial looms even then, because all the Supreme Court's decision did was really the indictment back alive as it were in with Curtis Flowers facing another potential trial, But what happened was Doug Evans actually recused from the case. And then it went to the new state's attorney general, and Fitch, whose office undertook an independent review of the case, after which Bitches office decided to move to dismiss the invite mint. And that was that. So why did Fitch think that the case shouldn't be tried again. One of the things that the attorney general pointed out in the motion was that at least at this point in time, there's no what they referred to as any. He prosecution witness that incriminates flowers who's alive and available and hasn't had multiple conflicting statements in the records. So it wasn't So much a direct exoneration of flowers, who I should point out, has maintained his innocent throughout this process, but in some respect that was put more in terms of we just don't have enough evidence to go forward. Although the attorney general's motion concluded by saying, using the phrase quote in the interest of justice and quote that it was, that's why they weren't speaking an unprecedented At trial of Mr Flowers as they put it during the six trials, jury's were either hung or flowers was convicted, right? That's right. So it really was over the course of two decades, a series of really UN remarkable I should say that again, nearly over the course of decades, theories of a remarkable numbers of trials really an unprecedented situation and really notable how there was continued what essentially been found to then misconduct by the prosecutor in the case, most notably in terms of racial discrimination in the jury process. Explain the racial discrimination in the jury process a little Joy, so to make a long story short Lawyers can't discriminate against potential jurors based on race and now that doesn't mean that there are racial disparities. Injuries that wind up being essentially legally okayed by courts because sometimes what can happen is a prosecutor say if they're challenged and accused of being racially discriminatory and how they choose yours they can offer. What's called a race neutral reason for doing so, however, essentially, what happened in the Supreme Court case is that B justices took a look at this pattern of Evans over the years and said that whatever reasons were given those really just aren't good enough, and this is to racially discriminatory bear under the Constitution. How much of this might be the result of the national attention that flowers got after eight PM reports investigative podcast in the dark. Oh, I think that that was huge. And it's really a testament to the investigatory journalism in that a PM reports podcast because that's really what put the case on the map. Of course, you know, you never know what will happen in a counter factual scenario. But I'm pretty confident and saying that that's a big reason for why Flowers is in the situation that he Now, which is not on death row. So finally did that podcast attempt to exonerate flowers. Um, that's a good question. You know, I think that that is a fair way to look at it and going back to something that I mentioned before that. They also even went so far as to identify a potential alternate and so Really? I think all those things taken together are something that people look at as pointing to why beta mass proof of flowers, innocents and going to the point of it not just important to make sure obviously that an innocent person is not Evicted, but also in a very serious crime. Which everyone agreed. This was a four person Ah, quadruple homicide. You know, you need to be able to bring the right person to justice as well. So the podcast certainly thought to do that. Okay, Jordan, you're going to stay with me coming up. Next. We're going to be talking about your investigative piece. About to film producers who were sentenced to 20 years in prison today for selling synthetic drugs, even though they swear the stuff.

Curtis Flowers Supreme Court Doug Evans prosecutor attorney Jordan Reuben Curtis Flower Bloomberg Bloomberg Radio Joon Grosso murder Fitch Doug Evan editor
"curtis flowers" Discussed on WCBM 680 AM

WCBM 680 AM

01:46 min | 1 year ago

"curtis flowers" Discussed on WCBM 680 AM

"To an article in the Atlantic magazine, which cites unnamed sources who are with the president during a 2018 trip to France, saying the president disparage members of the military and war days a hoax. Just like the fake dossier was a hoax. Just like the Russia Russia. Russia was a hoax who was a total hoax? No collusion, just like so many other things. It's a hoax. The president did acknowledge he was no fan of late Arizona Senator John McCain, saying he disagreed with many of his views to former administration sources say the story has some truth to and asked if the president could have driven to the aim. Marn Cemetery, this former officials said confidently. There was not a security reason not to drive to the cemetery, which is about 40. Miles from Paris. Quote. The president drives a lot. The other world leaders drove to the cemeteries. He just didn't want to go. Boxes. Jennifer Griffin at the Pentagon. Former national security adviser John Bolton, who has had an adversarial relationship with the president since leaving his post said he never heard the president used the term losers or soccer's and said the decision to not go to the cemetery was whether related So by saying this afternoon if the comments are true, president should humbly apologize. Every gold star mother and father, every blue star family. And he's denigrated and sold it. Who the heck does he think he is? Side also said If the comments are true, the president is unfit to be commander in chief. There will be no seventh trial for Curtis Flowers and Mississippi Man freed last year after serving 22 years in prison for a quadruple murder. Flowers was convicted multiple times, but the most recent conviction was thrown out by the U. S. Supreme Court..

president Russia Marn Cemetery Senator John McCain John Bolton Curtis Flowers Atlantic magazine Jennifer Griffin Paris U. S. Supreme Court France Mississippi Arizona murder Pentagon soccer
"curtis flowers" Discussed on KQED Radio

KQED Radio

01:51 min | 1 year ago

"curtis flowers" Discussed on KQED Radio

"Well the team stellar journalism is front and center in the dark also manages to weave a tapestry of voices in scenes that gives this year's texture creating the sensation for the listener of having spent real time in Winona Mississippi on the streets and on front porches and more tensely in the D. A.'s office the series and forms in ways that will make you gasp about it deeply racist criminal justice system that allows and rewards flagrant abuses of power again and again at our twenty nineteen ceremony in Chicago producers Samara free mark came on stage to accept the award and said this about the genesis of the peace we started working on the story that would become season two of in the dark at back in twenty seventeen when we got a tip about a man named Curtis flowers are teams started reporting the story and that one first initial tests ended up turning into a multi year investigation our team moved to Mississippi and we spent a year basically just heading out and knocking on doors so we talked to hundreds of people out we collected hundreds of hours of tape we really try to a bed in the community so we went to church every Sunday morning it to the local high school football game every Friday night I'm an older reporting eventually became season two of in the dark and that season was a deep dive into what it actually happened in the case of Curtis flowers but it also told the larger story about race and jury selection and the power of prosecutors after re released the podcast the US Supreme Court I decided to take her this is case and our findings were included in briefs that were filed before the US Supreme Court and this past June at the Supreme Court overturned Curtis's latest conviction.

Winona Mississippi D. A. Curtis flowers US Supreme Court Chicago
"curtis flowers" Discussed on KQED Radio

KQED Radio

02:43 min | 1 year ago

"curtis flowers" Discussed on KQED Radio

"The exit from one court room it's just the entrance to another if the case is been tried six times something has gone wrong in the summer of twenty seventeen I moved to Mississippi with a team of reporters and producers to find out what and one of the first things I did was read the transcripts of the trials in right away I learned that the district attorney Doug Evans case against Curtis flowers wasn't built on any one piece of evidence police found a single particle of gunshot residue and Curtis flowers right hand the card is could have picked that up in the police car on the ride to the station or while he was sitting in an interrogation room there was a shoe box for feeling grant hill shoes the police had found a Curtis's girlfriend's house but a trial lawyer said that shoe box actually belonged to his girlfriend's teenage son the teenager testified that he had grown the shoes and thrown them out there was no DNA match no video surveillance footage no witness to the murders no fingerprints linking Curtis flowers to the crime investigators didn't even have the gun that was years but what the DA dot gov instead have what's the story here's what happens told the jurors Curtis was angry because he lost his job Attorney furniture so I woke up early one morning walked across town welcome to a car and stole a dime three eighty pistol then Curtis walked home later that morning Curtis left home again and walked all the way back across town and went into tardy furniture and shot all four people there in the head then Curtis flowers went home no one soccer to steal a gun no one saw him walk in or out try the furniture instead Evans lined up a string of witnesses who said they had seen cards flowers walking this wrapped on the morning of the murders hi this house on the west side of Winona to the parking lot where he stole the gun to Turkey furniture and then back home when these witnesses testified at the trials they were convincing they would get on the stand and point Curtis and tell the jurors that is the man I saw that day walk right by my house to understand Curtis denied killing anyone he said he wasn't fired from party furniture he just stop showing up to work after the defense was done question Curtis the prosecutor.

Mississippi Curtis flowers soccer Winona prosecutor Doug Evans Attorney
Prosecutor recuses himself from deciding whether to try a Mississippi man a 7th time in a quadruple murder case.

Mark Levin

00:18 sec | 1 year ago

Prosecutor recuses himself from deciding whether to try a Mississippi man a 7th time in a quadruple murder case.

"News this is the prosecutor has filed a court order recusing himself from the seventh trial of a man in a quadruple murder case district attorney Doug Evans asked the attorney general's office to decide whether Curtis flowers should be tried again in the death penalty case flowers attorney says he's happy Evans is stepping away from the

Prosecutor Doug Evans Attorney Murder Curtis
"curtis flowers" Discussed on KTOK

KTOK

01:43 min | 2 years ago

"curtis flowers" Discussed on KTOK

"Single good argument about why these witnesses shouldn't testify with these documents be produced unless the president has something to hide and his supporters want that information hidden Schumer says Mick Mulvaney the acting White House chief of staff Robert Blair a senior Mulvaney adviser John Bolten the former national security adviser and Michael Duffy of the office of management and budget should testify number three Curtis flowers of Mississippi man who's been charred six times for nineteen ninety six quadruple murder has been released on bail the decision in Montgomery County circuit court comes six months after the U. S. Supreme Court reversed flowers latest conviction in a ruling that found the prosecutor had discriminated against him by excluding black jurors the forty nine year old was freed on bail after having served twenty three years in prison for the murder of four people at a store in Winona it is unclear whether he will be tried again and an amazing find in the Mediterranean a shipwreck from two thousand years ago researchers say the ship full of large terra cotta pots that were used in the Roman Empire for transporting wine and olive oil was crossing the sea when for some reason it never made it to its destination the wreck of the one hundred ten foot ship along with its cargo was discovered at a depth of one hundred ninety seven feet during a sonar survey archaeologists say is the largest classical shipwreck ever found in the eastern Mediterranean that's something I and I guess comparatively speaking a relatively speaking a hundred ninety seven feet doesn't sound that deep right when the for these things right I don't know why it wasn't down before two thousand that's a pretty old is that one still good there's a question thanks in twenty two minutes after the hour coming up next the.

president Schumer Mick Mulvaney Robert Blair John Bolten Michael Duffy murder U. S. Supreme Court prosecutor Winona Roman Empire White House chief of staff Curtis Mississippi Montgomery County
Curtis Flowers, tried 6 times for same killing, released on bail

This Morning with Gordon Deal

00:27 sec | 2 years ago

Curtis Flowers, tried 6 times for same killing, released on bail

"Curtis flowers of Mississippi man who's been charred six times for nineteen ninety six quadruple murder has been released on bail the decision in Montgomery County circuit court comes six months after the U. S. Supreme Court reversed flowers latest conviction in a ruling that found the prosecutor had discriminated against him by excluding black jurors the forty nine year old was freed on bail after having served twenty three years in prison for the murder of four people at a store in Winona it is unclear whether he will be

Curtis Flowers Murder U. S. Supreme Court Prosecutor Winona Mississippi Montgomery County Twenty Three Years Forty Nine Year Six Months
Man tried 6 times for same murders released on bond

This Morning with Gordon Deal

00:38 sec | 2 years ago

Man tried 6 times for same murders released on bond

"Never to a Mississippi man who has been tried six times for the same murders is enduring freedom for the first time in more than two decades Curtis flowers or is released from prison yesterday following a hearing in which a judge granted in bond months after a big victory in the U. S. Supreme Court Clarice was charged with the nineteen ninety six murders of four people who were killed during a robbery at a furniture store the cases against flowers resulted into mistrials and four convictions reversed on appeal due to prosecutorial misconduct the final reversal came in June from the Supreme Court which ruled prosecutor Doug Evans systematically prevented African Americans from serving as

Clarice Robbery Supreme Court Doug Evans Mississippi U. S. Supreme Court Prosecutor Two Decades
Man tried 6 times for same murders released on bond

NPR News Now

00:57 sec | 2 years ago

Man tried 6 times for same murders released on bond

"Mississippi judge has granted bail to a man who has been tried for the same crime six times as NPR's Laura Walmsley reports. The Supreme Court overturned his most recent conviction after finding evidence of racial bias. Curtis Curtis Flowers is free on two hundred and fifty thousand dollars bond after twenty two years in state custody. He's been tried six times in Winona Mississippi where he was accused of the murder of four people at a furniture store in the nineteen ninety S. Four convictions were overturned for prosecutorial misconduct. And the other. Two trials ended in deadlock in June the Supreme Court reverse the two thousand ten conviction that put flowers on death row. Finding the District Attorney Doug Evans had shown racial bias in blocking black jurors during jury selection the N. W. ACP and four black residents of Devon's district have filed a lawsuit against the prosecutor arguing that he has systematically prevented African Americans from serving on juries prosecutors have not said whether they intend to try flowers for seventh time

Curtis Curtis Flowers Supreme Court Mississippi Laura Walmsley Winona Mississippi Doug Evans NPR N. W. Acp Prosecutor Murder Devon Fifty Thousand Dollars Twenty Two Years
Citing racial bias, U.S. high court tosses black man's murder conviction

News, Traffic and Weather

00:48 sec | 2 years ago

Citing racial bias, U.S. high court tosses black man's murder conviction

"The US supreme court has thrown out the murder conviction of a Mississippi man on death row. Paving the way for an unprecedented potential seventh trial. Curtis flowers has already been tried six times after prosecutors attempts to convict him fail due to prosecutorial misconduct allegations of racism and deadlocked. Juries ABC's Stevenson Saami has more Justice. Brett cabinet writing for the seven to majority accusing the state of. Discrimination, and allowing seven trial his words were a slap to the prosecutor saying that Mississippi's relentless determined effort to rid the jury of black individuals strongly suggests that the state wanted to try flowers before a jury with this few black jurors as possible. And ideally, before an all white jury the supreme court meantime, has a few more decisions left to release before the end of its

Curtis Flowers Mississippi Supreme Court Stevenson Saami Brett Cabinet United States Murder Prosecutor ABC
"curtis flowers" Discussed on World News Tonight with David Muir

World News Tonight with David Muir

02:15 min | 2 years ago

"curtis flowers" Discussed on World News Tonight with David Muir

"Some authorities are urging families at ice comes knocking do not open your door. Here's ABC's Mary, Bruce tonight, immigration and customs enforcement is preparing a mass roundup of migrant families that have already received deportation orders. Pre dawn raids reportedly known as family up planned for this Sunday as many as ten major cities, the director of ice, speaking on ABC news live. One of the greatest pull factors for families to come here is they know once they arrived in the United States, they remain here. Untouched we have to change that message these kinds of raids typically target criminals, not families. Houston's police chief sounding a warning the last thing we need is to vote that kind of fear, where people go, further into the shadows, and they fail to cooperate with law enforcement. The local level. The raids come just days after the president kicked off his reelection campaign by promising that ice will begin the process of removing the millions of illegal aliens starting next week at the time a senior administration, official told ABC those massive deportations were quote, not imminent. Roundup millions of people. Well, they know they know and they're going to start next week. The raids planned for this weekend are sweeping, but fall far short of the president's promised to deport millions and overall Trump is deporting four fewer people than Obama did at this point in his presidency. Mary, Bruce live in Washington tonight, and Mary fficials in some of the cities where these raids are expected already sounding the alarm, and I in fact, we have a statement, just in from Chicago tonight. Well, David, the Chicago mayor says they will not cooperate with these raids and they are warning people not to open their doors of ice agents come knocking saying they are not required by law to let them in David Mary Bruce with us all week long. Mary, thank you. Again that of the major ruling from the supreme court tonight that justices throwing out the murder conviction of a death row. Inmate at Mississippi. Curtis flowers claimed racial bias during jury selection that kept him from receiving a fair trial, the white prosecutor blocking black jurors the supreme court of green seventy-two. So what next? A seventh trial. Here's ABC's Stevenson Saami tonight. Curtis flowers has insisted to this day that he did not murder four people in one thousand nine.

David Mary Bruce Mary fficials ABC Curtis flowers murder president Chicago United States Stevenson Saami Mississippi Obama director Houston Trump official prosecutor Washington
"curtis flowers" Discussed on 600 WREC

600 WREC

13:56 min | 2 years ago

"curtis flowers" Discussed on 600 WREC

"I want to gather few more together. So we can see a full panoply of issues that we can sort through together because there are important matters going on. So this is on the table, by the way, Andrew Viessmann number him. He's got a book deal, ladies and gentlemen, is going to write about as experience in the Muller prosecution team just as I predict. That is outrageous. That you can benefit financially like this, same the Kosta, although whatever he got all he's gonna get, you know, he only sold sixty seven hundred and some books, despite all the attention. But I'm going to get the Viessmann a little bit later. There was a descent. And there was a decision in a supreme court case, that's very, very important. A supreme court case where he made his been convicted repeatedly of murdering four individuals in a furniture store. The two decades ago. And Brad Kavanagh wrote the decision. Sending it back for seven trial. And I warned you about Brett Cavan. I warned you from day, one about breath cabin. And they must say my advice behind this microphone talking about private advice to the president was don't pick. Brett Kavanagh, but McConnell said our cabinet. Pablo and get him quote. Now, the disgraceful treatment of cavenaugh is separate and apart from cavenaugh the Justice. Then I warned you folks, given his opinion in the ObamaCare case that this guy was not an originalist, and he's not and more and more you're going to be upset with this guy. As usual Daniel Horowitz over at conservative review has written a beautiful piece. I want you to listen to this. None of this is being reported accurately by the press. None of it by unfree press. He says there's been seven hundred eighty three thousand four hundred fifty three homicides in this country. Since the black robe. Masters allowed us to continue our constitutional heritage a meeting out capital punishment for murders yet, despite the raucous debate surrounding its use just fifteen hundred individuals have been executed in forty three years. That's because the worst most cold blooded murders have many ways to overturn capital convictions. Even when the evidence is beyond a shadow of a doubt in recent years chief Justice, John Roberts has been joining the left in putting up a new avenue to disqualify such convictions, namely tainting the jury pools as racist with today's opinion, it's clear he now has a companion injustice, Brett Cavanaugh in flowers versus Mississippi cavenaugh wrote a seven to two majority opinion overturning a sixth conviction sixth conviction. They called blooded murderer was convicted of killing four people twenty three years ago. Although he was convicted with evidence beyond a shadow of a doubt in Kavanagh's view, the joy poll was racist, overturning state due process. This is yet. Another example of the growing trend of the federal courts, taking over state criminal procedures, and according the worst criminals degree of process that what confound our founders and it's most often because of racial politics. Nobody disputes, the fact that the Mississippi courts convicted Curtis flowers for the murders based on solid eye-witnesses and physical evidence and that the jury's verdict itself was impartial, but cavenaugh and the other six justices and that would include Alito, by the way believes that the Mississippi supreme court erred, in ruling that one particular preemptive airy that is discretionary strike conducted by the prosecutor against someone in the jury pool at jury selection for the original trial was animated by quote, discriminatory intent unquote, and therefore entitled flowers to a seventh trial. Number executed for people. In some this is a quote the state's pattern of striking black prospective. Jurors persisted from flowers I trial to flower, six trout, concluded cavenaugh and opinion. That was tinged with racial overtones about the suspect suspect, being black and the witnesses prosecutors in victims being white in the six trials combine the state struck forty one of the forty two black prospective. Jurors it could have struck and the six trial. The state struck five of six. Justice Thomas, the only African American on the court shot back in a very, very aggressive defense. And he noted that not only does he disagree with the underlying premise, and recent precedent that such facts would be grounds to overturn the conviction but he disagrees with the notion that there was discriminatory intent. He said, the only clear errors in this case it committed by today's majority wrote an irate Thomas getting tired of these cases, confirming that we never should have taken this case, the court almost entirely ignores, and certainly does not refute the race neutral. Reasons given by the state for striking right and four other black prospective. Jurors listen to this two of these prospective. Jurors new flowers family. That is the killer's family and had been sued by tardy furniture. That's the family business. One of the victims and also one of the trial witnesses. One refused to consider the death penalty and apparently lied about working side by side with flowers. The defendant sister was related the flowers and lied about her opinion of the death penalty to try to get out of jury duty. And once said that because she worked with two flowers, family members, she might favorite him when not consider only the evidence presented. The state courts findings that these strikes were not based on race are the opposite of clearly eroneous. They are clearly correct. And Thomas view today's decision distorts the record of this case evaporates, our standard of review and vacates four murder convictions. Because the state struck a juror who would have been stricken by any competent attorney. Thomas acute, the court granting appeal because the cases received a fair amount of media attention and charge the majority with replacing careful trial records of facts with entertaining melodrama that will result in the litigation and re-litigating of criminal trials in the media to the potential detriment of all parties. And he concluded any competent prosecutor would have struck the jury struck below and eat some of the jurors conflicts might have been justified for cause strikes. And Thomas, went on to say that under the Batson versus Kentucky. Nineteen Eighty-six president of invalidating convictions based on charges of discriminatory intent by the prosecuting jury selection. The standard the supreme court must use his whether the state courts were clearly wrong and Thomas believes the answers, obviously know based on a wealth of counter-evidence, he cites in his lengthy dissent. And he says yet, the court majority discovers clear era based on its own review of a near decade old record, the majority, apparently thinks that it is in a better position than a trial court. The judge the tone of the questions and answers. The demeanor of the attorneys, jurors the courtroom dynamic on the culture of winnow a Winona Mississippi. And Thomas ended his dissent by essentially cues in the majority of ignoring the facts in order doing gays in race base. Virtuous signaling he wrote, although the court's opinion might boost itself esteem. It also needlessly prolonged, the suffering of four, victims families, Justice, course. Join this part of the descent with once again, demonstrates that we only have two originalists on the court, not five yet still Thomas Staines league of his own. He seems to be the only one willing to consistently follow the constitution, Gorsuch, did not join part five of time assist descent, which Thomas, declares his disdain for the entire premise, quote that a duly convicted criminal go free because a juror was arguably denied excuse me deprived of his right to serve on the jury, and Thomas, his words established in the sacred Batson versus Kentucky case. What's the bottom line for originalists? The bottom line is, we only have one true solid originalists on the court. Clarence thomas. Of course, it is very reliable ally of Thomas in most cases. But he often won't go as far and rolling back, existing bad precedent, depending on the issue Sam Alito. He writes, this is Daniel Horowitz has become unreliable, many issues, even as remains quite solid on others. In this case, he indicated the while he normally doesn't like overturning such convictions. He felt this case was likely one of a kind and Cavanaugh is the new Roberts. Cavanaugh is the new Roberts eight to say I told you, so, but I told you, so even when it was unpopular. Even when it was impossible and marked comes under attack. Just as I raised concerns about our lack of response so far, and I put that in context so far. To Iran's attack on us. Ranch provocation against us. And these screeching static. Of the hard left. The screeching static the code pink Republicans. Who think that if you respond and retaliate? That somehow you're going to have war world three. Well, there's to be World War three. It's not because of us because of them. There's something that's going on tonight that I want to alert you to. Because it involves the media again. Involves the Muller investigation valves. A lot of things. Text messages messages that were under seal had been released. By court. They're no longer under seal. These are text messages exchanged between our buddy, Sean Hannity and Paul Manafort. And as they write it media, both of them railed against the investigation of people familiar with Hannity show will be on surprised by a lot of what he had to say in the messages. And they link to the messages. And I've read all the messages comes to think fifty five or fifty six pages. At least on my tablet. And there's not a damn thing there. That's problematic nothing. Nothing on toward nothing. Surprising matter of fact, it's quite. Monotonous. Quite monotonous. But the New York Times very excited about this, including a guy by the name of Ken Vogel. Ken Vogel is a leftist. He used to write for politico. He is a hitman for the left. In my view is very dishonest. He's one of those democrat party, pseudo journalists that I've talked about many, many times he's not alone. And I think the myself. Text messages between Hannity and manifest. In, in these text messages. As I read them. Headed. He is saying the same things he says, on TV about Muller. And the special counsel's office about the mistreatment not just manifested. But, but others. And I read these texts among other things he repeatedly tries to get Manafort, and, or manifests attorney, the come on this program to talk about what's taking place. That's it. Harmless? Hung lewis. Now. What's amazing to me? Here is how did the government get these texts will, of course they got them off of manafort's phone. But why were they collecting text messages between Manfred and Hannity? I'm sure nobody will raise a concern onto the first amendment Willie, Mr. producer. Freeman. The press covers more than just journalists, you know. Just so called workaday journalists. And so my question is these text messages during the course of a criminal investigation that absolutely no relevance whatsoever to anything. Are collected by the special counsel, office temporarily placed out of seal and released by federal judge. When you.

Clarence thomas Sean Hannity Muller Brett Kavanagh Daniel Horowitz Brett Cavanaugh originalists Brad Kavanagh Sam Alito Paul Manafort president Thomas Staines Andrew Viessmann Brett Cavan John Roberts prosecutor attorney Mississippi Kentucky
Curtis Flowers wins appeal at U.S. Supreme Court

WSJ What's News

01:34 min | 2 years ago

Curtis Flowers wins appeal at U.S. Supreme Court

"The US supreme court on Friday reaffirmed rule against racial bias in jury selection. Voting seven to two to overturn the murder conviction of a black defendant in Mississippi. The Wall Street Journal's Jess braven has more details. Case involves in Curtis flowers, this was his six trial before he was ultimately convicted and sentenced to death for these murders. The Wavell supreme court looked at it was a really that talent. You the experience since the nineteen Ninety-six crime. How over the course of that time over the course of six trials forty one out of forty three African Americans who are in the jury pools over that time were removed by the prosecutor, and that there were many, many, many indications in the record that the prosecutor and it was the same prosecutor in all six trials Doug Evans, the local prosecutor elected d a down there had been going out of his way to get black people off that jury and had asked questions of potential black jurors that he didn't ask of similarly situated if you will potential white drawers the jury that ultimately convicted curse flowers had on it eleven whites and one black and a town that is about fifty five percent. Black forty five percent white brave and says the court acknowledged it was not breaking new legal ground. But reaffirming its commitment to removing racial bias from the criminal Justice system. The district attorney. Ernie and Mississippi will now decide whether to retry flowers.

Prosecutor Curtis Flowers Mississippi United States Doug Evans Murder Jess Braven The Wall Street Journal Ernie Fifty Five Percent Forty Five Percent
Citing racial bias, U.S. high court tosses black man's murder conviction

Markley and Van Camp

00:25 sec | 2 years ago

Citing racial bias, U.S. high court tosses black man's murder conviction

"The supreme court has toss to murder conviction and death sentence of a black man in Mississippi. Corespondent, Jessica Schneider at the supreme court supreme court in a seven to two decision overturning the conviction of Curtis flowers in Mississippi saying that the district attorney in that case improperly and unconstitutionally engaged in racial discrimination when throwing African American jurors out of the

Supreme Court Mississippi Jessica Schneider Murder Curtis Corespondent
"curtis flowers" Discussed on KCRW

KCRW

02:10 min | 2 years ago

"curtis flowers" Discussed on KCRW

"Seemed frankly appalled by the fact that Doug Evans was allowed to continue trying this case the history of the case prior to this trial is very troubling the lawyer arguing the case for the state was not Doug Evans himself. It was a Representative of the attorney general's office multiple times Samuel Alito pressed him on this question. Mississippi law could the attorney general had said, you know, enough already we're gonna send one of Alan people to try this case, preferably in a different county where so many people don't know so many other people could he have done that just sort my brought this up to she's another former prosecutor. And so I think this this sort of pressing of the supreme court on the attorney general's office about like is there something you guys can do was an interesting thread, and it will be interesting to see how that plays out. I mean, the the short answer to that is that the attorney general cannot step in unless Doug Evans request them to step in. As far as I can tell the technical answer on that. But it's interesting to see how that will play out if they do overturned the conviction. So there's no way to remove a prosecutor who has who has been found to have engaged in repeated instances of gross misconduct. There's no mechanism to remove him from the case. The ballot box. I mean, it's an elective position. So essentially as long as he continues to be elected he will have the right to continue to try this case. I mean, the the remedy for Curtis flowers for misconduct in this on the part of the prosecutor is a new trial. So if Curtis flowers has a trial and the prosecutor does something wrong. He commits misconduct. The remedy for. That is not the prosecutor gets taken off the case. It's that Curtis flowers has the right to a new trial, which might sound good. And and and we think about the idea of a new trial as being like a victory when we think of these wrongful conviction stories, but in Curtis flowers case, what that has meant is just he's still been incarcerated for more than twenty years. He doesn't get out of prison. So from his perspective, a new trial.

Doug Evans Curtis flowers prosecutor attorney Samuel Alito Representative Mississippi Alan twenty years
"curtis flowers" Discussed on KCRW

KCRW

06:11 min | 2 years ago

"curtis flowers" Discussed on KCRW

"This is press play I'm Madeline brand. The supreme court is hearing a case that deals with how racial bias is sometimes used in jury selection is not supposed to be considered when attorneys select a jury, but the plaintiffs in a case the court heard last week say the prosecutor repeatedly sought to get rid of black jurors in order to win a conviction against their black client that client is Curtis flowers. He's been on death row in Mississippi for decades convicted of a quadruple homicide that occurred in nineteen Ninety-six flowers has been tried get this six times and each time his conviction was either thrown out for prosecutorial misconduct, or there were hung juries. Now. The supreme court will have the final say this case is the subject of the podcast in the dark. Some are free. Mark is a producer on that podcast. And she's here now. Hi, hi, thanks for having me, gray tabby. Well, let's start briefly with the facts in the case for people who don't know about Curtis flowers. Tell us briefly who he is. And how he was convicted of this murder share. So as you mentioned this case stems from this horrible crime in nineteen Ninety-six in the small town in Mississippi. Four people were murdered shot in the head in a furniture store on the main street of this town called Winona and no one saw the murders happen. There's no physical evidence at the scene, but pretty quickly investigators focused in on this former employee named Curtis flowers now criticized actually only worked at the store for about three days. Total earlier in the summer. He didn't have any criminal record. And there was no direct evidence tying him to the crime. And he always has maintained his innocence and said, he did not do these murders. But in one thousand nine hundred seven he was convicted of the murders and sent to death row, but that was just the start of things for Curtis flowers because as you mentioned since then he has been tried six times for these murders. And as you said his convictions have been overturned by the supreme court because of prosecutorial misconduct. And they've said that the prosecutor in this case the same prosecutor who has prosecuted all six trials as a white man named Doug Evans. The state supreme court says that he prosecuted the trials incorrectly. He had misconduct. Two of the trials had hung juries where the jury couldn't agree on a verdict, and then the six trial, which was in twenty ten is the one that is currently being appealed to the US supreme court, and what is the basis for that appeal is it the jury selection, right? So this in the dark, our podcast spent a lot of time looking into every facet of this case, and we really delved into a lot of the evidence and found that a lot of it didn't really hold up to scrutiny. But the supreme court is just considering what happened in jury selection in Curtis flowers six six trial. And it is important to note here Curtis flowers this black Doug Evans's white credits. Flowers has always had either all white or mostly white juries and the way they got that way in this area. That is a pretty diverse area. It's about forty five percent African American. But the juries were so white because of what happened in jury selection, and it has to do with something called peremptory strikes. Which are it's something you can do in a trial. Both sides are given a certain number of these strikes that they can use to remove people from the jury that they don't want, and you have to give a reason you can just say you have to give a reason. Right. And you can give the range of reasons that are acceptable. Here is actually quite broad the reasons do not have to be like, deeply, intellectual. But there's one very stringent rule, which is that you cannot strike a juror because of their race. So you you can't strike lectures. But you can't strike lectures, because they're black and how well that's the this is the crux of the whole issue. Because what it requires is kind of looking into the mind of the prosecutor because how this works in practice is maybe the prosecutor strikes for black jurors in a row and the defensive Jackson. They say judge he's striking these black jurors because they're black. He's committing. What's? Called a Batson violation. That's the technical legal word for for what what that is. Because that's based on the case called bats rate. A very famous case called Batson v Kentucky from the eighties. And so the defensive Jackson. They say he's striking these jurors because they're black. And the judge turns to the prosecutor and says give me your reasons like why did you strike these jurors and the prosecutor can give whatever reasons he wants he could say well that guy. Was a schoolteacher. And I don't like schoolteachers jury or that that woman was late to you know, she was late to court this morning indicated to me she wouldn't pick a jar. And so how do you know are those reasons real or what are called pretexts? You know, are they are they real or the excuses that the prosecutor is just offering so that he can strike black jurors. And so that's what this court is trying to figure out whether Doug Evans in this particular case had a real reason to strike these black jurors, or if he just did it to have an white jury exactly because the state's position Doug Evans position is that I had good reasons for striking these jurors, and he he laid them out at the trial court, and he laid them out and briefs to the supreme court, but criticized hours defensing, wait just a second. These reasons are actually pretexts you can tell because if you look at number one what happened in the six trial. Doug Evans, asked potential black jurors far more questions than he asked potential. Jurors. And the defense says he was doing that. Because he was trying to can affair it out information that he could then use to justify striking them later. It's called disparate questioning the idea of this is that this court has accepted that this is something that can be a sign of racial motivation. And the defense is also saying don't just look at this case look at what happened in the five prior trials. The numbers alone are striking in the first four trials, Mr Evans, exercise, thirty six peremptory challenges all of them against African American jurors in the six trial. He.

prosecutor Curtis flowers Doug Evans supreme court Mississippi Jackson Madeline US Mark murder producer Winona Batson Kentucky forty five percent three days
"curtis flowers" Discussed on KCRW

KCRW

13:58 min | 2 years ago

"curtis flowers" Discussed on KCRW

"Bias is sometimes used in jury selection race is not supposed to be considered when attorneys select a jury, but the plaintiffs in a case the court heard last week say the prosecutor repeatedly sought to get rid of black jurors in order to win a conviction against their black client that client is Curtis flowers. He's been on death row in Mississippi for decades convicted of a quadruple homicide that occurred in nineteen Ninety-six flowers has been tried get this six times and each time his conviction was either thrown out for prosecutorial misconduct, or there were hung juries. Now. The supreme court will have the final say this case is the subject of the podcast in the dark. Some are free. Mark is a producer on that podcast. And she's here now. Hi, hi, thanks for having me, gray tabby. Well, let's start briefly with the facts in the case for people who don't know about Curtis flowers. Tell us briefly who he is. And how he was convicted of this quadruple murder sheriff. So as you mentioned this case stems from this horrible crime in nineteen Ninety-six in the small town in Mississippi. Four people were murdered shot in the head in the furniture store on the main street of this town called Winona and no one saw the murders happened. There was no physical evidence at the scene, but pretty quickly investigators focused in on this former employee named Curtis flowers now criticized actually only worked at the store for about three days. Total earlier in the summer. He didn't have any criminal record. And there was no direct evidence tying him to the crime. And he always has maintained his innocence and said, he did not do these murders. But in one thousand nine hundred seven he was convicted of the murders and sent to death row, but that was just the start of things for Curtis flowers because as you mentioned since then he has been tried six times for these murders. And as you said his convictions have been overturned by the state supreme court because of prosecutorial misconduct. And they've said that the prosecutor in this case the same prosecutor who has prosecuted all six trials as a white man named Doug Evans. The state supreme court says that he prosecuted the trials incorrectly. He had misconduct. Two of the trials had hung juries where the juries couldn't agree on a verdict, and then have the six trial, which was in two thousand ten is the one that is currently being appealed to the US supreme court, and what is the basis for that appeal is it the jury selection, right? So this in the dark, our podcast spent a lot of time looking into every facet of this case, and we really delved into a lot of the evidence and found that a lot of it didn't really hold up to scrutiny. But the supreme court is just considering what happened in jury selection in Curtis flowers six six trial, and it is important to note here Curtis flowers this black Doug Evans's, white Curtis. Flowers has always had either all white or mostly white juries and the way they got that way in this area. That is a pretty diverse area. It's about forty five percent African American but the juries were so white because of what happened in jury selection. And it has to do with something called peremptory strikes. Which are it's something you can do in a trial. Both sides are given a certain number of these strikes that they can use to remove people from the jury that they don't want, and you have to give a reason you can just say you have to give a reason. Right. And you can give the range of reasons that are acceptable. Here is actually quite broad the reasons do not have to be like, deeply, intellectual. But there's one very stringent rule, which is that you cannot strike a juror because of their race. So you you can't strike lectures, but you can't strike black jurors because they're black and how do you determine that? Well, that's the this is the crux of the whole issue. Because what it requires is kind of looking into the mind of the prosecutor because how this works in practice is maybe the prosecutor strikes for black jurors in a row and the defensive Jackson. They say judge he's striking these black jurors because they're black. He's committing. What's called a Batson violation? That's the technical legal word for for what what? That is because that's based on. Case combats rate a very famous case called Batson v Kentucky from the eighties. And so the defensive Jackson they say, you know, he's striking these jurors because they're black. And the judge turns to the prosecutor and says give me your reasons like why did you strike these jurors, and the prosecutor can give whatever reasons he wants he could say, well that guy was a schoolteacher. And I don't like teachers on my jury or that that woman was late to you know, she was late to court this morning indicated to me she wouldn't pick a juror. And so how do you know are those reasons real or what are called pretexts? You know, are they are they real or the excuses that the prosecutor is just offering so that he can strike black jurors. And so that's what this court is trying to figure out whether Doug Evans in this particular case had a real reason to strike these black jurors, or if he just did it to have an all white jury exactly because the state's position Doug Evans position that I had good. Reasons for striking this jurors, and he he laid them out at the trial court, and he laid them out and briefs to the supreme court, but criticized hours defensive saying, wait, just a second. These reasons are actually pretexts you can tell because if you look at number one what happened in the six trial. Doug Evans, asked potential black jurors far more questions than he asked potential Wijers. And the defense says he was doing that because he was trying to can affair it out information that he could then use to justify striking them later. It's called disparate questioning the idea of this is that this court has accepted that this is something that can be a sign of racial motivation. And the defense is also saying don't just look at this case look at what happened in the five prior trials. The numbers alone are striking in the first four trials, Mr Evans, exercise, thirty six peremptory challenges all of them against African American jurors in the six trial. He exercised five out of six of his challenges against African American jars and Evans has actually been caught committing a Batson violation twice. So two times in two of Kurdish flowers previous trials. Judges have said wait hold up. You are striking that black juror because they're black and Curtis flowers. Third conviction was actually overturned because of the bats in violation. And what did the judge say in that case was the reason how could you tell it was because the jurors were black. I believe in. I'm trying to remember exactly because there were a lot of claims made I believe in the second in the second trial. It was the trial court judge that the declared a bats in violation. And I believe the cause of that was that Doug Evans had said that a juror was sleeping, and the judge said, no that that guy was not sleeping and Doug Evans, also said that he thought that he had some he had received some inside information that the man might be in a gang or like -ffiliated with gang activity is. But when the defense asked him to submit some kind of proof of this. He he did not. And so the judge in that trial said no these are just pretexts, but it's very hard as you can see like its neighbour requires a lot of it's very Batson violations are rare not not the fact that they're committed, but to actually for a judge to actually say prosecutor you've committed a vial of a Batson violation is very unusual because it's so hard to prove you looked into his record when it comes to. His jury selection in other cases other trials what did you? Discover finding the answer to that question was was not easy. It took a lot of work. It took a lot of time months and months and months, and at the end of that very long process we were able to say that in all of the trials that we could analyze in Doug Evans district since he became DA Evans in his office for striking black jurors at almost four and a half times the rate that they were striking white perspective. Jurors and what was his explanation for that? You know, we asked him about our findings. You know, he said that he disagreed with our numbers, and we asked him to sit down with us and go of our numbers and show us what he disagreed with. And he has so far declined to do that, you know, an explanation that that the state has given for striking black jurors in the credits flowers case and for asking disparate questions of black jurors in the credits flowers case is that, you know, this is a very small town. It's a segregated town. So black perspective jurors are more likely to have connections to the flowers family than white perspective juror. So it makes sense that you would strike more because they're just serve more entangled with socially with that family. So that is that's the line of the state on what's going on. Okay. So why is Curtis flowers still in jail? If all these convictions keep getting overturn like why is he still sitting in there and not waiting outlet, you know, not being released pending some kind of retrial or appeal. Because that's just it's you know, it's it's how it works. I mean, he, you know, if when his when his convictions are overturned, he gets back his presumption of innocence. And he's technically not convicted. But the prosecutor doesn't have to let him go free the process long, the prosecutor can decide to retry him, which is what's happened in criticism case over and over again, you know, if the supreme court rules in favor of Curtis. He'll be in the same position. It'll it'll be back with the district attorney who again, it's it's not like the supreme court if they rule in favor of Curtis that the doors of the prison open and Curtis walks free. That's not the situation here. It'll be back in the hands of Doug Evans to decide. What do I wanna do? Do. I want to try this case again, I seven time. He could try seventh time he could. So he must be really convinced that Curtis flowers is guilty. That's what he's told us. Yeah. I think he he is he says that he has no questions about criticism guilt. He says he thinks his case is strong. He has not told us for sure. Whether he would try courtesy seventh time, but I don't I don't see any indication that he wouldn't. And I know that your journalist, and this is journalistic enterprise, but you seem to take a position in the podcast that he perhaps is innocent or it was wrongly convicted. Well, you know by the time you hear the pod. Cast that represents more than a years worth of reporting by the time it goes out in a produced way. And so we went into the story having no idea whether he was guilty or innocent. You know, the story came from a tip a woman a woman wrote to us and said I live in Mississippi. There's a man here who's been convicted six times of the same crime and the evidence against him. If he at best and to us, the most interesting part of that tip was not the part about the evidence. Being if best it was the six trials because that was the part where we are like what is that possible? It was the part of the tip that sort of took it beyond just a wrongful conviction story. And so we went into it with the striving question not of is this man innocent or guilty. But more along the lines of what is going on here. How could this person be tried six times for the same crime? And through our reporting as we started we we really looked at all of the evidence that the state presented at trial, and we really reported out. Every one of those strands, and by the time, we were putting out the podcast, and we had completed our reporting that evidence looked extremely weak to us. So I'm not gonna I'm not gonna sit here and tell you like, I know Curtis flowers is innocent. We would never say that we weren't there. But what I can say is we spent a lot of time reporting on this case, and our findings are that the evidence just doesn't hold up. And as you say if the supreme court does overturn the conviction and side with Curtis flowers and his team, he won't go free automatically. Doug, Evans will decide whether or not to to try him again for a seventh time. Have you asked him what he's going to do that? We have we have. We've we've tried to ask him that multiple times. He he has generally commented that he's not gonna comment on the case fall. It's an process will continue to ask that question. I will say there was one very interesting thread of the oral arguments last week a that across the board sin pretty much across the board. The justices conservative and liberal seemed deeply deeply troubled by this case and one of the conservative justices Samuel Alito. Who's a former prosecutor seemed frankly appalled by the facts that Doug Evans was allowed to continue trying this case history of the case prior to this trial is very troubling the lawyer arguing the case for the state was not Doug Evanston, self. It was a Representative of the attorney general's office multiple times Samuel Alito pressed him on this question of Mississippi law could the attorney general have said, you know, enough already. We're going to send one of Alan people to try this case, preferably in a different county where so many people don't know so many other people could he have done that Justice of my or brought this up to she's another former prosecutor. And so I think this this sort of pressing of the supreme court on the attorney general's office about like is there something you guys can do was an interesting thread. And it'll be interesting to see how that plays out. I mean, the short answer to that is that the attorney general cannot step in Doug Evans, request them to step in as far as I can tell the technical answer on that..

Doug Evans Curtis flowers prosecutor supreme court Mississippi Batson Curtis Jackson US murder Winona Doug Samuel Alito Mark Doug Evanston producer attorney
"curtis flowers" Discussed on KGO 810

KGO 810

12:14 min | 2 years ago

"curtis flowers" Discussed on KGO 810

"Good morning. Always great to talk to Jessica. Yeah. Jessica, you are such an expert on so much there at Loyola Law School today, we want to get your expertise on the proposed changes to the ninth circuit. But before we get to the changes. I wanted to ask you to just frame the ninth circuit. What is it? What does it have control of? Why is it important? Please. The ninth circuit is one of our nation's court of appeals, which essentially means he's in between a trial court in the supreme court. If you go to federal court, and you sue somebody, and you don't like the outcome or the person who was sued doesn't like the outcome. They can then appeal that case you in this case, the ninth circuit, which covers the California, Oregon, Washington, Montana, etc. And it's there's twenty four justices. I believe sixteen were nominated by democratic president and the remaining eight were nominated by Republicans, and it certainly known as one of the more liberal court. And there are certainly other courts of appeals in the country that are known as much more conservative mentioning to the to the Kate listeners that the they are they were one of their early decisions one of the early overturns was the the DACA policy that. Have President Trump wanted to end? And yet, they they themselves are overturned a lot the ninth circuit, aren't they? Absolutely. I mean when it happens that you have a either liberal court appeals light, the ninth circuit and conservative supreme court or the reverse where it used to be. If there was a liberal supreme court, for instance, the fifth circuit would often overturn. So whenever you see a contrast between one of the big court of appeal when a big circuits, and the supreme court, you're going to have an high overturn rate in that document. What was interesting is actually really narrow ruling dealing with essentially not following administrative policies for how you're supposed to end something like. Oh, I see. I see. So it was really a procedural thing. Yeah. I think that was really largely procedural one. But again, if you look at things like, I mean, I know, you know, very well the travel ban where the justices in the ninth circuit said, no that's not permissible went up to the supreme court by the usual division and the supreme court side full five to four they said, no the travel ban is a entirely permissible exercise of executive authority. And I think that we are going to continue to see more of that over the next Hugh, potentially six years, and frankly for decades to come and the last part I through potentially for decades to come because you're saying this is the gift that keeps on giving you put people you put people on the court, and they continue to make rulings for a long time. Right. So every federal judges appointed for life, the trial court judges, circuit judges supreme court justices. And if you look at the current keeping court, obviously, it's five to four in terms of conservative majority. And if you look at the older supreme court justices or those who are more likely to retire. It's the liberals, so if we saw President Trump either in the remainder of this term, or if there's a second term appoint one or two more justices, we would have a solid conservative majority for decades to come. And if there's nothing that's done to drastically change, the ninth circuit, I think you're going to continue to see battles between supreme court, which again only takes up a small percentage of cases in the ninth circuit. Yeah. And there are many people who conservatives who are listening right now. We're going. Yeah. That's why I voted for these guys because priority for me. Yeah. I'm sorry. Go ahead. No, I think we think that conservatives have much better organized and better about explaining to voters that the president had huge authority that lasted far beyond his term. And it's called judicial nominations an appointment, and I think that even for people who don't like aspects of President Trump, you cannot question how efficient he's been at nominating. And getting approved federal judges on the district court circuit court and the supreme court. I mean, he has completely overhauled the federal judiciary in a way that even if his presidency ended today, we feel the repercussions for decades to come because all of these very young dairy conservative judges and justices are going to be making decisions a really important issues. Criminal Justice voting rights first amendment for the foreseeable future. All right, so back to the ninth circuit now how? How does that change? They're going to add justices to the ninth circuit. And you're saying they would come because the nominations are coming from this administration from the conservative side of things. Right. So if they I mean, the proposal is to add I don't think it all this is a done deal proposed off. And this is a proposal that we see it's interesting. So Republicans would now like to add judges to the ninth circuit Democrats would like to add justices to the supreme court in both cases for exactly the same reason. Which is we don't like the division of power, essentially. And I think what people who are a little more circumspect acknowledges and a certain point. There's going to be a democrat in the White House in a certain point, the Senate will be controlled by Democrats, and then flip again, and again, and so I think that we need to be really careful about these fixes did essentially allow for a short term potential win. But it kind of like when people want to change the filibuster. You love the filibuster. If you're in the minority, you hate if you're in the majority everything can change in two years. America. I'm not sure that this is a systemic fix to what people are really worried about our. That's so well, put just love talking to you. Because you're such the professor I mean, I feel like I should have been taking your your classes in in sort of the breakdown was perfect. So Ben how how do you handicap the the next few years do those who come from a more liberal perspective, we say, Republican Democrats, but maybe it isn't even along party lines as much as it is ideology. G R R liberals, just outta luck. From this point until the Trump administration ends. In a word. Yes. That's exactly that's exactly the case. I mean elections have consequences. We have a Republican president. We have a Republican Senate, and we have a the political will to nominate and confirm very conservative judges. Now, again, this could be thrilling to you or could create an ulcer. But it is a case that if you look at the current crop of nominees are far to the right of what I think would be political mainstream or excuse me, traditional mainstream thought a little Freudian slip, like even twenty years ago and. So in answer your question. Yes. I think that liberals are out of luck. And in part because we've done away with something called the blue slip which used to allow home state senators to say essentially blocking the nominee for my state. We appeared in no longer respect that. And that was really the only way that democratic senators would have any power to try and block nominees. Why did that change? It changed. I think largely because Chuck Grassley on the Senator from Iowa on the on the Senate Judiciary committee and Mitch McConnell of leader of the Senate acknowledged that it was not helpful and not productive. And that one of the big things that the White House counselor. His name, Don Mcgann wanted to do is reshape the judiciary. And and that was you know, there's nothing in the constitution that you need to require home state senators to return a blue slip. It was just a Sedgley gentlemen's agreement. There's one thing worth noting in that this nominee to the ninth circuit is one of them Daniel breasts. He was born and raised in Gilroy, but he spent his life on the east coast. And so the argument from for example, Diane Feinstein and Kamala Harris is that that should disqualify him. From filing a California based show, I should say filling a calendar a California based vacancy on the court. I mean, he's he's not a Californian is what they're saying. Yeah. I mean, I think that that is largely about I could be completely wrong. But I think this is kind of largely just not liking the person's judicial philosophy. I mean, we have these of conversations when it comes to lawmakers, and whether or not they need to live in their districts, for instance, and I think that judges are opposed to apply the facts of each case law, and that's regardless of geography of the horses apart Abbott one hundred percent, it's a partisan issue. Absolutely. I mean, are we that broken is the let me just ask you a broader question before I let you go is the system that broken doesn't honor. What you've just said, which is you're supposed to examine the facts of a case and and rule in some kind of objective manner. It seems as though the courts have been politicized or have. They always been that way. You know, it's interesting because when you in your last question when you asked me, well if you're nominated by. Your questions kind of got to the issue of it's different to be a Republican versus to be a conservative jurist. And it's different from being a democrat as opposed to being a liberal terrorists that there still should be it shouldn't just be that your party affiliation translates into your judicial philosophy. And I guess what I would say is it feels to me that that's what's a roading, and that we're counting on prim court justices, and we're going to try and figure out what they're doing or even justices on the circuit levels. The first thing we do is look to see who appointed them if it was a democrat or Republican, and that to me, a sad that harms the integrity of our whole judicial branch because we're centrally saying you're just gonna vote based on your partisan affiliation in and then we have a breakdown in what judges do which is they have lifetime acquaintance because they're not supposed to worry about things like politics. They're supposed to be above that. And frankly beyond. That is the impeachment of a judge even a reasonable thing to consider. I always reminded that it's so hard to remove a judge. So I mean, if somebody truly can't carry out their duties, of course, it's reasonable consider. I don't think it's reasonable just because you disagree with them. And you know, I am. Is the process? The process is also an onerous wanted to difficult one it incredibly difficult. I was thinking about on the state level. The judge judge Persky excuse me who sentenced to Stanford swimmer too lenient judge. He was subject to recall in was voted out of office that difficult but much easier than what you can do on the federal level, which is just go turn, peach mint process. It is once you have that appointment. It's. Bradley difficult to lose your catch up. This is my super last question for Jessica Levinson from Loyola Law School..

supreme court President Trump president Senate Jessica Levinson Loyola Law School California DACA judge Persky Democrats Kate Hugh White House America Stanford Chuck Grassley G R R Diane Feinstein
"curtis flowers" Discussed on NewsRadio KFBK

NewsRadio KFBK

02:24 min | 2 years ago

"curtis flowers" Discussed on NewsRadio KFBK

"Of funeral that he wanted which has president I had to approve. I don't care about this. I didn't get thank you. That's okay. President did approve of using air force to to bring McCain's body back to Washington US aid has activated a disaster assistance response team to assess damage from hurricane in Mozambique. It's one of three East African nations hit hard by a storm. That's killed hundreds. Daria Albinger, ABC news. And more stories we're following for you here on KFI New England Patriots owner Robert Kraft will turn down a deal with prosecutors in Florida where he's charged in a prostitution case source familiar with the matter told ABC news, Robert Kraft will reject the offer from Florida prosecutors to resolve the prostitution solicitation charges. He faces stemming from two alleged appearances at a strip mall day spa Jupiter. The Palm Beach state attorney's office offered crafted standard diversion program for a first time offender that would have required him to perform community service. They attend thousand dollar fine. But also admit that he would have been found guilty craft was one of hundreds charged across Florida and a recent crackdown on illicit massage. Parlours he is. Denied engaging in any illegal activity. Even though police said it's all caught on tape. Aaron katersky. ABC news, New York. Federal prosecutors are reportedly offering deals to some wealthy parents caught up in college admissions scandal. The Los Angeles Times has several or being given a short window can to consider a deal or potentially face additional charges. It's unclear which parents are getting the offer. Federal authorities have said the investigation is ongoing but have not provided. Details actresses Laurie Laughlin, and Felicity Huffman are two of the parents charged in that investigation supreme court Justice. Clarence Thomas has not asked a question from the bench since two thousand sixteen but he broke that silent streak today for only the second time in a decade Justice Clarence Thomas asked a question from the bench enquiring as to what the race was of the jurors struck by defense counsel in the case of a Mississippi death row inmate Curtis flowers, the flowers case goes to the question of racial bias in the jury selection process after the decisions. By two all white. Juries were overturned for prosecutorial misconduct and two trials with black and white jurors ended in deadlock on his act ABC news, Washington FDA, looking into possible, health hazards of breast implants, the agency issued two warning letters to implant manufacturers citing their failure to do proper safety studies..

Robert Kraft ABC Florida Justice Clarence Thomas president prostitution Laurie Laughlin Aaron katersky Daria Albinger Los Angeles Times Curtis flowers Felicity Huffman New England Patriots Palm Beach US
"curtis flowers" Discussed on KQED Radio

KQED Radio

07:18 min | 2 years ago

"curtis flowers" Discussed on KQED Radio

"Is nearly a question we get a lot of when we tell people about this case a lot of people here that someone has been tried six times. And they think, but wait a second double jeopardy that's not allowed. But the fact of the matter is that double jeopardy only applies if you've been acquitted of a crime, so if you're brought to trial, and you're acquitted the prosecutor can't charge you again, but Curtis flowers has never been acquitted. He's only one has appeals or had Jerry's hang. And so in that in that situation the prosecutor constitutionally has every right in the world to just keep retrying him. And there's no limit as far as we can tell that says at a certain point, you just have to stop as far as what Doug Evans motivations are. I think. You know from his perspective, he thinks Curtis flowers is guilty. And he thinks he has a strong case. And so I think he he feels that it's his job is prosecutor to just keep trying this case until a conviction sticks. So what does the supreme court set to decide here specifically? So the question that the justices are going to be considering has to do specifically with what happened in jury selection in that six trial in two thousand ten so injury selection, both sides, both the defense and the prosecution get a certain number of what are called preemptory strikes, and they can use those strikes to remove prospective jurors from the jury for almost any reason one reason that you cannot use is race. So you cannot strike a black juror because they are black that's unconstitutional and Doug Evans was the prosecutor in this case has actually been caught doing exactly that removing a black juror because they were black in two of cardis flowers previous trials and one of Curtis lowers convictions was actually overturned. Because of it. So in the latest trial number six Doug Evans, used five of his six peremptory strikes against black prospective jurors. And the jury ended up being made up of eleven white people and one black person. Now Evans in the states say that Doug Evans, struck those people for constitutional reasons, you know, things like they worked with Curtis's relatives or they relate to court. A couple of times a assists defensive say, no Doug Evans was doing the same thing in the six trial that he was caught for previously that he was striking those perspective. Jurors because they were black if Doug Evans had done this in the past and was caught doing it. Why is he allowed to continue with this case? Because there's there's no rule that prevents it. You know, this is the remedy here is in the courts, so Curtis flowers can say something has gone wrong in my case, and his remedy is to appeal to a higher court to a state supreme court to the US supreme court. And if they find he was right? The Doug Evans did. Make mistakes in the case Curtis flowers remedy for that is he gets a new trial. And there's nothing in there. That says there has to be a new prosecutor. So Doug Evans's the elected d a in that in that district. So he he gets to keep trying it. Okay. So you looked at the case and decided to investigate tell us what you and your team. We're trying to find so our involvement in the story started with tip. We got a very short Email from a woman who lived in Mississippi who said, you know, there's a man here who's been tried six times for the same crime. And the evidence against him seems EFI at best and to us the most interesting part of that tip was the the six trials part because we had that same reaction that you did which was six trials. This doesn't seem right. This doesn't seem possible. And so we went into it with this question essentially of what is going on here. Like, how did this person criticize ours come to be tried six times by the same prosecutor and answering that question ended up entailing a huge amount of reporting. Into every aspect of the case. So we really looked at everything every bit of evidence that the DA presented in those six trials to juries are team spent a year more than a year reporting on this case. And by the time, we were done we had really found that a lot of this evidence didn't hold up to scrutiny. But then you found something else out about Evans his office. Tell us about that. So we knew that Doug Evans have this history. And the cardis flowers trials of striking black voters at higher rates than he struck white. Jurors that's in the record. We're very familiar with that. But that led us to this larger question, which is what is Doug Evans doing in all of the other cases that his offices tried because he's been Doug Evans system. The prosecutor in this district since one thousand nine hundred one so he's tried hundreds of cases or his office has tried hundreds of cases. So we have this very specific question. Like, what is going on in jury selection in all of these other cases, it it turned out that answering that question was a huge challenge. It took. Months and months of work. We had a reporter who had to go courthouse to courthouse in all of the courthouses if Doug Evans district and tracked down all of these paper transcripts of jury, selection and all of these trials. And these these things were stored in all kinds of weird places like summoned the old abandoned men's bathroom or a former jail storage container. So she detract on all these transcripts and scan the mall and at the end of it. I believe she scanned. I think one hundred and fifteen thousand pages of documents. And so then we took all of this information all these scans. And we gave them to our data reporter and our data reporters spent three months coating all that data entering it into a huge spreadsheet developing a methodology with some statisticians and running the numbers on this. And at the end of that months and months later, we had an answer, which is that Doug Evans was striking black potential jurors in his district at four and a half times the rate that he struck by potential jurors what could Evans face could he pay for this in any way? I mean, again, there is there's no there's no penalty for the prosecutor in this. So even if the supreme court, here's this case. And decides that Doug Evans, his struck black jurors because they're black in violation of the US constitution if they rolling Curtis's favor, and they say Evans is at fault here. What happens after that? Is that the case is back where it's been so many times before it's back in the hands of of the district attorney, Doug, Evans and hell get to decide what to do with it. And he'll he'll get you decide whether he wants to try it for seventh time, what do you want people to understand about this case specifically about this reporting? Because this does seem like a pretty unique case for the supreme court to take up yet. It's not the kind of case that the supreme court usually looks at its it's out. We've talked to a lot of experts about about about it. And you know, this case is not this is not a Bush v gore. This is not a Roe v. Wade this is this is not a case with huge national implications. It seems to be a pretty what they call. A fact bound case a case that really is about what happened in this one. One particular courtroom in this one particular trial, which again is is not the kind of case the supreme court usually it looks at. But I think that it does have a it gets to all of these larger issues in the criminal Justice system. Like, we hope that our reporting and that the supreme court's taking of this case encourage people to take a look at what they're prosecutors are doing in jury selection tomorrow free-market senior producer for the podcast in the.

Doug Evans prosecutor Curtis flowers US Jerry reporter Mississippi Wade Bush producer three months
"curtis flowers" Discussed on KCRW

KCRW

07:17 min | 2 years ago

"curtis flowers" Discussed on KCRW

"Is generally a question, we get a lot of when we tell people about this case a lot of people here that someone has been tried six times. And they think, but wait a second double jeopardy that's not allowed. But the fact of the matter is that double jeopardy only applies if you've been acquitted of a crime, so if you're brought to trial, and you're acquitted the prosecutor can't charge you again, but Curtis flowers has never been acquitted. He's only one has appeals or had juries hang. And so in that in that situation the prosecutor constitutionally has every right in the world to just keep retrying him. And there's no limit as far as we can tell that says at a certain point, you just have to stop as far as what Doug Evans motivations are. I think you know, from his perspective he thinks Curtis flowers is guilty. And he thinks he has a strong case. And so I think he feels that it's his job is prosecutor to just keep trying this case until a conviction sticks. So what does the supreme court set to decide here specifically? So the ques-. That the justices are going to be considering has to do specifically with what happened in jury selection in that six trial in two thousand ten so injury selection, both sides, both the defense and the prosecution get a certain number of what are called peremptory strikes, and they can use a strikes to remove prospective jurors from the jury for almost any reason. But one reason that you cannot use is race. So you cannot strike a black juror because they are black that's unconstitutional and Doug Evans was the prosecutor in this case has actually been caught doing exactly that removing a black juror because they were black in two of Curtis flowers previous trials and one of Curtis lowers convictions was actually overturned because of it so in the latest trial number six Doug Evans, used five of his six peremptory strikes against black perspective. Jurors and the jury ended up being made up of eleven white people and one black person. Now Evans in the state say that Doug Evans, struck those people for constitutional reasons things. Things like they worked with Curtis relatives. Or they relate to court a couple of times occurred assists, defensing no Doug Evans was doing the same thing in the six trial that he was caught for previously that he was striking those perspective. Jurors because they were black if Doug Evans had done this in the past and was caught doing it. Why is he allowed to continue with this case? Because there's there's no rule that prevents it. You know, this is the remedy here is in the courts, so Curtis flowers can say something has gone wrong in my case, and his remedy is to appeal to a higher court to a state supreme court to the US supreme court. And if they find he was right? The Doug Evans did make mistakes in the case Curtis flowers remedy for that is he gets a new trial. And there's nothing in there. That says there has to be a new prosecutor so Doug Evans's elected DA in that in that district. So he he gets to keep trying it. Okay. So you looked at the case and decided to investigate tell us what you and your. Your team we're trying to find so our involvement in the story started with a tip. We got a very short Email from a woman who lived in Mississippi who said, you know, there's a man here who's been tried six times for the same crime. And the evidence against him. Seems if at best and us the most interesting part of that tip was the the six trials part because we had that same reaction that you did which was six trials. This doesn't seem right. This doesn't seem possible. And so we went into it with this question, essentially, what is going on here. Like, how did this person? Critics lowers come to be tried six times by the same prosecutor and answering that question ended up entailing a huge amount of reporting into every aspect of the case. So we really looked at everything every bit of evidence that the DA presented in those trials to juries are team spending more than a year reporting on this case. And by the time, we were done we had really found that a lot of this evidence didn't hold up to scrutiny. But then you found something else out about Evans. In his office. Tell us about that. So we knew that Doug Evans had this history in the cardis flowers trials of striking black jurors at higher rates than he struck white. Jurors that's in the record. We're very familiar with that. But that led us to this larger question, which is what is Doug Evans doing in all of the other cases that has offices tried because he's been Doug Evans system. The prosecutor in this district since one thousand nine hundred one so he's tried hundreds of cases or his office has tried hundreds of cases. So we had this very specific question. Like, what is going on in jury selection in all of these other cases, it it turned out that answering that question was a huge challenge. It took months and months of work. We had a reporter who had to go courthouse to courthouse in all of the courthouses of Doug Evans district and tracked down all of these paper transcripts of jury, selection and all of these trials, and these these things were stored and all kinds of weird places like summoned this. Old abandoned men's bathroom or a former jail a storage container. So she had detract on all these transcripts and scan the mall and at the end of it. I believe she scanned. I think one hundred and fifteen thousand pages of documents. And so then we took all of this information all these scans. And we gave them to our data reporter, and our data reporter spent about three months coating all that data entering it into a huge spreadsheet developing a methodology with some statisticians and running the numbers on this. And at the end of that months and months later, we had an answer, which is that Doug Evans was striking black potential jurors in his district at four and a half times the rate that he struck by potential jurors what could Evans face could he pay for this? Anyway, I mean, again, there is there's no there's no penalty for the prosecutor in this. So even if the supreme court, here's this case. And decides that Doug Evans, his struck black jurors because they're black in violation of the. US constitution, if they ruling Curtis's favor, and they say Evans is at fault here. What happens after that? Is that the case is back where it's been so many times before it's back in the hands of of the district attorney, Doug Evans, and he'll get to decide what to do with it. And he'll he'll get you decide whether he wants to try it for seventh time, what do you want people to understand about this case specifically in about this reporting because this does seem like a pretty unique case for the supreme court to take up. Yeah. It's not the kind of case that the supreme court usually looks at its it's we've talked to a lot of experts about about about it. And you know, this case is not this is not a Bush v gore. This is not a Roe v. Wade this is this is not a case with huge national implications. It seems to be a pretty what they call. A fact bound case a case that really is about what happened in this one particular courtroom in this one particular trial, which again is is not the kind of case the supreme. Court usually it looks at. But I think that it does have a it gets to all of these larger issues in the criminal Justice system. Like, we hope that our reporting and that the supreme court's taking of this case encourage people to take a look at what they're prosecutors are doing jury selection tomorrow free. Mark is senior producer for.

Doug Evans prosecutor Curtis flowers US reporter Mississippi Wade Bush Mark producer three months
"curtis flowers" Discussed on KQED Radio

KQED Radio

02:17 min | 2 years ago

"curtis flowers" Discussed on KQED Radio

"In the spring of twenty ten a letter arrived at Diane coppers house in Winona Mississippi. Mm-hmm. Wow. It was a jury summons a letter asking Diane to appear at the courthouse in why known a few weeks later ban said she knew right, then trial. It had to be the state of Mississippi versus Curtis flowers. Six one Kurdish foul trial, hundreds of people in my county, got letters like this fancy Jones got a letter. And when it came time to go to court, she got all dressed up. Radha james. Little she's with the was. But. Fancy drove down to the courthouse. Minimum of we'll get like. It was so many dead. You couldn't. Are you can walk in nature weigh in differently? There. There were six hundred perspective. Jurors and that group of six hundred had to be trimmed down to just twelve twelve plus three alternatives. To do that. Dan, and the others. We have to go through jury selection through the process that's supposed to help. Choose a jury of twelve people who can be fair and impartial Curtis. Flowers case that process took five days five days of being questioned. First by the judge, Joey Ely, a lot of prospective jurors were sent home after that. And then the remaining perspective jurors questioned by the lawyers district attorney Doug Evans asked the questions for the prosecution. He. Iran in the show that Evans ask the prospective jurors. You know tardy furniture is the store where the murders. Have you shopped there have you been sued by Cardi furniture? Yes. A lot of questions about whether the jurors new Curtis or live near hammers family business perspective juror Alexander Robinson. Not push push. When those days of questioning were over the prospective jurors were sent out of the courtroom waited in the hallway while the judge met with Doug Evans and the defense team. And this is when the jury Curtis flowers six trial was chosen. Then the bailiff.

Curtis flowers Doug Evans Winona Mississippi Diane coppers house Joey Ely Diane Jones Radha james Cardi furniture Alexander Robinson Iran Dan five days
It would be the world’s largest airplane. It’s being built by a billionaire. And it’s getting ready to fly.

Armstrong and Getty

02:42 min | 3 years ago

It would be the world’s largest airplane. It’s being built by a billionaire. And it’s getting ready to fly.

"Almost twenty one years ago a young black man named curtis flowers was convicted of horrific crime the murder of four people in a small town in mississippi he won his appeal but the prosecutor tried him again he's now been tried six times for the crime and a lot of people think he's innocent i just thought that he done for this though where the proof mississippi mississippi you know we all know would go down and mississippi once we get you in the courtroom if you black we get i'm madeline baron host of in the dark a peabody award winning investigative podcast from american public media we're looking at the story of a man caught new terrifying loop of injustice a story of one man's fight for his life in the dark season two begins may i listen unsubscribe now on apple podcasts don stab billionaire paul allen's building the biggest airplane ever should they're building it in the desert in california to fly as soon as this summer anybody who ever saw howard hughes's spruce goose he was a billionaire backing the he was the first billionaire anyway he built a giant plane called the spruce goose it used to be docked in long beach or it was it was in a building in long beach near where the queen mary but they moved it for some reason anyway i saw them both many many years ago i think it may be an aviator museum in mcminnville oregon right now these spruce goose was enormous like you can't even believe it it it barely flu so it's merely a plane why is he buying the gigantic plane or building it rather he's going want to giant hey fellas i really liked to have are really really big plane it's so big as twenty eight wheels powered by six seven forty seven engines it would weigh one point three million pounds it's bigger than the length of a football field if you can picture that look at that that's a group of people in between the two parts of the plane there that shows you again it's win hold the jack just insane how big that is anyway hope i get to see a moran plane so speaking of airplanes funny coincidence where's the big summit between kim jong fat and president orange going to be maralago.

Madeline Baron President Trump Kim Jong Football FLU Mcminnville Howard Hughes Apple Curtis Flowers Oregon California Paul Allen Peabody Award Prosecutor Mississippi Murder Three Million Pounds Twenty One Years