U.S. Supreme Court rejects killer's appeal - Houston Chronicle

U.S. Supreme Court rejects killer's appeal - Houston Chronicle

"The U.S. Supreme Court today rejected Houston killer Duane Buck's request that it review his death sentence - a punishment handed down despite former Texas Attorney John Cornyn's assessment that it might have been tainted by racial considerations.

The high court stopped Buck's Sept. 15 execution in order to decide whether to take up the case. Buck, 48, was sentenced to die for the July 1995 murders of his former girlfriend, Debra Gardner, and her friend, Kenneth Butler. Buck also shot his sister, Phyllis Taylor, in the chest at point-blank range, but she survived and later argued that the killer should be spared.

The approaching execution of Buck, an African American, brought other pleas for mercy, including one from a former Harris County assistant district attorney who had assisted in his prosecution.

At issue was testimony in the trial's punishment phase from psychologist Walter Quijano, who, on cross-examination, said being black could contribute to the killer's "future dangerousness" in prison. Future dangerousness is a key factor jurors consider before assessing a death sentence.

Cornyn in 2000 identified Buck's case as one of six that may have been compromised by Quijano's testimony The other five convicted killers ultimately received new punishment hearings and again were sentenced to death."