Three men convicted in the 2019 killing of a 21-year-old man in San Jose have had their convictions and sentences wiped out, after a state appeals court found that a deputy district attorney’s pit bull analogy and predator language during jury selection crossed a legal line meant to root out racial bias in the courtroom.
The California Sixth District Court of Appeal ruled on Oct. 23 that language used by a prosecutor during jury selection violated California’s Racial Justice Act, according to The Mercury News. The panel vacated the convictions and sentences of Ricardo Diaz, Alexander Jose Toledo and Keonte Jordun Ray Smith, all from Stockton, and sent the case back down to Santa Clara County Superior Court.
The underlying case dates to a shooting just before 2 a.m. on Aug. 15, 2019, in San Jose that killed 21-year-old Brian Castro, as reported at the time by East Bay Times. The shooting was described as a drug-deal ambush. The three men were convicted in connection with the case; Diaz and Toledo each received sentences of life without parole, and Smith received a 13-year sentence.
A Pit Bull Analogy Takes Center Stage
The dispute centers on the prosecutor’s comments during jury selection…