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 that Anderson used disparate questioning and investigation of Black and White prospective jurors and misrepresented information to the Court about one of the jurors. As a result of the Attorney General’s concession to the prosecutorial misconduct, Mr. Ervin is 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, I offer my 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.”
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 Mr. Ervin or commence a new trial within 60 days from August 1, 2024, when the writ of habeas corpus was filed.
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Contact: damedia@acgov.org
The Alameda County District Attorney’s Office (DAO) is one of California’s largest prosecutors’ offices and is led by Alameda County’s first Black woman District Attorney Pamela Y. Price. Price brings her vision to this office to fairly administer justice in the pursuit of thriving, healthy, and safe communities for every person who steps foot in Alameda County, no matter their race, gender, religion, sexual orientation, income, or zip code. Price has been recognized as one of the most progressive prosecutors through her forward-thinking, innovative strategies to interrupt cycles of violence and crime and bring change to a criminal justice system rooted in systemic racism. Follow Madam DA on Instagram, Twitter, and Facebook, and @AlamedaCountyda on Twitter, Instagram, and Facebook.