Chapter Five: Was the Death Penalty Under George W. Bush Racist? 

George W. Bush is not a racist.  But in order to preside over a racist system one need only be blind to racism, and Gov. Bush proved completely blind to mounting statistical and scientific evidence of racism in the Texas criminal justice system.  That evidence is presented in this chapter. 

In addition, the capital case of Victor Hugo Saldano is presented.  At trial, prosecutors argued that Mr. Saldano presented a “future danger” of violence to society due to his Hispanic racial identity.  All Texas courts accepted the judgment and allowed the execution to proceed, but a federal court overturned the sentence.  When informed that his state’s prosecutors had successfully argued that Hispanics are naturally inclined to violence, and only a federal court had overturned that ruling, Gov. Bush observed that “the system is working.” 

Odell Barnes was a black man in all likelihood framed for a murder committed by three white men.  Although all initial evidence pointed to Mr. Barnes, closer analysis of the evidence suggests that the murder was probably committed by three local ne’er-do-wells who skillfully chose a scapegoat.  Investigation of police work with regard to the crime revealed lost evidence, neglected leads, and careless corruption of the crime scene.  In the end, the state of Texas under Gov. Bush quite possibly executed an innocent man. 

The chapter concludes by depicting a non-death penalty case involving the small town of Tulia, Texas. During Gov. Bush’s tenure, approximately 10% of that town’s African-American residents were convicted of drug crimes solely on the basis of one white law enforcement officer’s testimony.  There was absolutely no hard evidence.  Later, the officer was determined to have committed extensive perjury, and the factually innocent convicts were released from prison, although not pardoned. This case was presented in order to show the deep racism present in the Texas criminal justice system.  If such racism influences drug enforcement, then such racism must affect application of the death penalty.