DA Pamela Price Announces Death Penalty Conviction of Curtis Ervin Overturned Due to Prosecutorial Misconduct
DA Pamela Price Announces Death Penalty Conviction of Curtis Ervin Overturned Due to Prosecutorial Misconduct August 7, 2024 OAKLAND, CA — Today, Alameda County District Attorney Pamela Price announced 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. In this case, the Attorney General’s Office was directed to conduct a thorough re-examination of Mr. 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. Mr. Ervin is Black, and his victim, Ms. McDonald, was White. The use of strikes could not be explained without reference to the race of the jurors or the defendant. There was also evidence…