1980 Capital Case Returns; Defense Alleges Bias

For the second time in three decades, a Texas court is preparing to decide whether Delma Banks Jr. should be executed for the 1980 shooting death of 16- year-old Richard Whitehead.

The U.S. Supreme Court overturned Banks’ death sentence in 2004, finding that the Bowie County prosecutors who tried the case suppressed evidence and deliberately covered up their mistakes for decades. “It’s really a remarkable tale of misconduct — just about every kind of thing the prosecution could do that was improper,” said Robert C. Owen, co-director of the Capital Punishment Center at the University of Texas School ...

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