Oakland, CA – Alameda County District Attorney Pamela Price announced on Wednesday, that the 1991 death penalty conviction of Mr. Curtis Lee Ervin (71) for the 1986 murder-for-hire of Carlene McDonald has been overturned due to serious prosecutorial misconduct.
The Attorney General’s office conducted a thorough reexamination of Ervin’s conviction, including his Batson claim that there was racial discrimination in the exclusion of African American prospective jurors.
During jury selection, the prosecutor, Deputy District Attorney James Anderson, exercised 15 peremptory strikes, removing 9 of the 11 Black prospective jurors.
Ervin is Black while the victim, McDonald, was white.
“The use of strikes could not be explained without reference to the race of the jurors or the defendant,” the DA’s office said. “There was also evidence that Anderson used disparate questioning and investigation of Black and white prospective jurors and misrepresented information to the Court about one of the jurors.”
The AG’s office concedes to prosecutorial misconduct, making Ervin now entitled to a new trial.
“Because of the Attorney General’s decision, I now have the responsibility to determine what happens with Mr. Ervin. My team has spoken with the surviving family members of Ms. McDonald, and today,” said DA Pamela Price.
She offered condolences and an apology on behalf of the Alameda County District Attorney’s Office due to the prosecutorial misconduct and the failure of the supervisors of Deputy District Attorney Anderson.
“The family must once again relive the trauma of their mother’s murder and, potentially, the trauma of going back to trial,” Price said.
Based on the Attorney General’s concession, the U.S. District Court has vacated the original judgment and issued a conditional writ of habeas corpus, requiring the District Attorney’s office to either release Ervin or commence a new trial within 60 days from August 1, 2024, when the writ of habeas corpus was filed.
