The $30 million verdict for justice

The California Supreme Court has made a historic ruling by overturning the death sentence of Anthony Bankston, a Los Angeles Bloods gang member convicted in the early 1990s of murdering a rival Crip. The reversal, issued this week, is the first time the state's highest court has applied the 2020 Racial Justice Act to overturn a death penalty.

The court found that a prosecutor's comparison of Bankston to a Bengal tiger during the penalty phase of his trial appealed to racial bias, violating the act. Bankston, who is Black, had represented himself in court in 1991.

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The 2020 Racial Justice Act was passed by the California Legislature to address systemic racism in the justice system. It explicitly prohibits the use of certain animal images that pose a risk of appealing to racial bias , and the Bengal tiger example is specifically cited in the law.

In a unanimous ruling with two concurrences, the California Supreme Court justices deemed the prosecutor's comparison prejudicial. Justice Leondra Kruger wrote for the majority that the Bengal tiger story should no longer be used in California courtrooms because it risks appealing to biases that undermine equal justice.

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The court emphasized that while some animal references like 'eager beaver' or 'quiet as a mouse' do not violate the act, the Bengal tiger metaphor has a history of dehumanizing defendants of color.

In previous cases, the court had uppheld such metaphors, but the RJA changed the legal landscape. The ruling noted that the prosecutor's intent is not the focus; rather, the potential impact on a jury's racial biases is key.

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Bankston's case is one of four decisions the California Supreme Court released this week stemming from RJA claims. It stands out as the first to reverse a death sentence.

The court's decision sends Bankston's sentencing back to a trial court for a new penalty phase . His murder conviction remains intact.

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The ruling has significant implications for future cases, as it sets a precedent that prosecutors must avoid racially charged imagery.

The act allows prisoners to appeal their convictions if they believe racial bias tainted their trials.. Bankston's appeal was pending when the act passed, allowing retroactive application.

The California Supreme Court's action reflects a growing awareness of implicit bias in the courtroom.

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The prosecutor's 'well worn tale,' as the court called it, has been used in multiple cases over the years. Now,it is firmly prohibited.

Bankston's new sentencing will determine whether he faces life in prison or the death penalty again.