Black death row inmate sentenced by white jury before Supreme Court

GEORGIA - A Georgia man is saying he is on death row because he is black, and the jury that sentenced him is white.

On Monday, the Supreme Court will hear his case, and the outcome could change the way juries nationwide are selected.

Timothy Tyrone Foster does not deny killing a 79-year-old woman during a burglary in her northern Georgia home. But Foster said he didn't get a fair trial because the prosecutor removed all the black candidates from the jury.

Timothy Tyrone Foster.

The trial came just a year after the Supreme Court ruled jurors could not be excused from service because of their race, but lawyers could still dismiss them for cause.

"What we've seen since the case was decided is that that prosecutors continue to strike African Americans, Hispanics from the juries and then just make up reasons as long as they're not race reasons," said Attorney Stephen Bright.

Bright is a veteran death penalty attorney who is representing Foster.




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