Keith Tharpe was sentenced to death in 1991 three months after being accused of killing his sister-in-law. 26 years later Tharpe’s attorney, Brian Kammer is asking to reopen the case based on the evidence of a juror who voted against Tharpe based on racial bias.

The juror in question, according to Kammer, “repeatedly boasted that he typically used racial epitaphs to describe African American people. They were made after the trial when our office investigated the case. We interview our jurors about their experience. He expressed these racial views and signed an affidavit about it.”

Kammer explained that racial bias cannot be a factor in the justice system. He said, “These cases dealt with murder. All murder cases have harsh details, but we can’t have these cases being decided in an environment of racial bias.”

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