Convicted murderer's death penalty overturned due to prosecutorial misconduct
OAKLAND, Calif. - A convicted murderer from the East Bay who has been on death row for 33 years must now either be released or retried because of prosecutorial misconduct.
Curtis Lee Ervin was convicted in Alameda County and sentenced to death for a 1986 murder-for-hire after a Pinole man paid him $25,000 to kill his ex-wife, Carlene McDonald.
The State Attorney General's office re-examined the case against the 71-year-old and found that the district attorney at the time, James Anderson, engaged in racial discrimination after deliberately excluding prospective Black and Jewish jurors from Ervin's trial.
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"During jury selection, [Anderson] exercised 15 peremptory strikes, removing 9 of the 11 Black prospective jurors…The use of strikes could not be explained without reference to the race of the jurors or the defendant," Price said in a statement.
The victim was white, whereas Ervin is Black.
DA Pamela Price said because Anderson conceded to prosecutorial misconduct, Ervin qualifies for a new trial.
On Wednesday, AG Rob Bonta's office's request to retry the case was approved by a federal judge, Price said.
Price now has 60 days to retry Ervin in a new trial or release him.