Two men who were freed last year from state prison over prosecutorial misconduct have now filed suit against Alameda County, claiming prosecutors there sought to rig juries to bolster the district attorney’s “tough on crime” image.
Ernest Dykes filed suit today in federal court accusing the Alameda County DA’s office of violating his right to a fair trial in 1995 when the prosecutor in his case, Colton Carmine, used a peremptory challenge to remove the only Black person considered for a seat on his jury.
In his lawsuit, Dykes acknowledges that he shot and killed a nine-year-old Oakland boy, Lance Clark, while attempting to rob Clark’s grandmother. He says the death was unintentional and claims that Carmine disregarded his remorse and minimal criminal history in charging him with first-degree murder and seeking the death penalty. Dykes served 31 years, most of it on Death Row in San Quentin State Prison. He was freed last year after the DA’s office conceded misconduct and a judge vacated his conviction, resentencing Dykes on the lesser offense of voluntary manslaughter…