AUSTIN, Texas - Advocates for a Texas man on death row filed a petition on Wednesday seeking a new sentencing hearing, pointing to just-released research on racial bias when his execution was ordered. The analysis looked at some 500 cases in Harris County around the time of Duane Buck's sentencing. It found the death penalty was much more likely for blacks, according to Christina Swarns with the NAACP Legal Defense Fund.

"For African American defendants like Mr. Buck, the Harris County District Attorney's office was three times more likely to seek death than for similarly situated white offenders, and Harris County juries were twice as likely to impose the death sentences for offenders like Mr. Buck than they were for similarly situated white offenders," she said.

The petition cites a promise to Buck made more than a decade ago. His attorney, Kate Black, says the promise was made because the prosecution elicited race-based testimony at several sentencings, Buck's included.

"In 2000, then (Texas) Attorney General John Cornyn looked at cases in which the expert who testified at Mr. Buck's trial testified in a number of other trials and found that there was Constitutional error in seven cases," Black said. "In six of the cases, those individuals received new sentencing hearings. Mr. Buck is now the only person who has not received a new sentencing hearing."

Harris County District Attorney spokeswoman Sara Kinney noted that current District Attorney Mike Anderson has been in office for only three months and said Buck can seek the legal remedies available to him.

"Mike has given Mr. Buck an opportunity to have his case presented again to the Criminal Court of Appeals here in Texas," she said, "but they have done that before and the Criminal Court of Appeals agreed with the United States Supreme Court that race was not a factor in the sentencing."

Kinney also noted that under the current process, the district attorney reviews each possible death penalty case without knowing the race of the accused.

Buck was convicted in 1997 of killing his former girlfriend and another man. A decision on the petition is expected within the next couple of months. If it is denied, prosecutors have said they will seek to have an execution date scheduled.

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Columbia County, New York, is implementing new facial recognition and privacy policies, following new upgrades to the county's surveillance cameras, which include facial and license plate recognition software.

Michael Chameides, Hudson 3rd Ward representative on the Columbia County Board of Supervisors, said residents told him they want privacy, arguing the technology is overused elsewhere. He pointed out the new protections can guarantee privacy rights and more.

"We want people to have reasonable expectations of privacy," Chameides explained. "That means we would limit how people are tracked and how that information is archived. We also want to reduce the number of people who have access to that database, so it's really just a need-to-know basis as it pertains to the biggest public safety issues."

He added they will also need protections on how data is used, such as only for urgent public safety matters. Using this kind of technology resulted in Detroit's Police Department arresting a few people based on bad facial recognition matches. Now, the department uses standards endorsed by the American Civil Liberties Union. Columbia County's policies have already gone into effect.

Another concern with implementing cameras was whether the data they collect could be monitored by someone who could abuse their power. Chameides noted it is unlikely. The cameras were not turned on until the policy was completed. He added part of the policy calls for the facial recognition system to be turned on during urgent moments.

"There's a very small group of people who would have the power to both turn it on and use that data," Chameides emphasized. "And then, at the end, we also have a reporting mechanism, where every year, the people in charge of sort of turning the systems on would then report back to the board about how it's being used."

Taking such steps limits the scope of who can access the data and focuses on the moments facial recognition would need to be used.

A program in the Columbia River Gorge helps migrant farmworkers' families during harvest season.

The Resources Available for Migrant Access to Services group is led by the Oregon Child Development Coalition in Hood River and Wasco Counties. It provides support during a four-week period of peak harvest time, including food boxes to families.

Leah Hall, community philanthropy manager for the Columbia Gorge Food Bank in The Dalles, said migrant workers follow the harvest and often bring their families with them.

"We provide culturally appropriate and shelf-stable food boxes to distribute to families when they arrive during this transitional time," Hall explained. "These direct distributions just allow for an efficient use of time and resources for families while also reducing some of the pressure on our public pantry partners throughout the region."

Harvest season in the Columbia River Gorge typically happens between June and October, with cherries in season during July.

Hall pointed out the group provides more than food boxes.

"Through the coordination of all these partners that work in this RAMAS collaborative, the communities of migrant farmworkers and families receives education, nutrition, health, social services, mental health and disabilities, and family engagement education services," Hall outlined.

Coordination from the group is key for another reason. Hall noted they work with orchardists and farm owners in the region to determine when workers are expected to arrive.

"We're able to pack our boxes on our end as close to the harvest date as possible and get it in the hand of those who need it as they're arriving," Hall emphasized. "The timing is really quite amazing and efficient just based on the communication of everyone working in this program."

By Claire Rafford for Mirror Indy.
Broadcast version by Joe Ulery for Indiana News Service reporting for the Mirror Indy-Free Press Indiana-Public News Service Collaboration.

If you turn onto Michigan Street along IUPUI’s campus, you’ll have to crane your neck to spot the cluster of students who’ve built a pro-Palestinian encampment under the business building.

At Indiana University’s flagship campus in Bloomington, by contrast, more than 50 people were arrested in late April after the Indiana State Police and IU Police Department broke up an encampment in a prominent spot on campus. Similarly, four Purdue students are facing discipline for their role in a 12-day encampment, and 17 peaceful pro-Palestinian protestors were arrested at the University of Notre Dame.

Such confrontations have become familiar in many campuses in the U.S., where college students are protesting the war in Gaza and demanding that their universities cut financial ties with Israel. As of May 13, the New York Times reported that more than 2,800 people have been arrested or detained at college campuses across the country.

But in Indianapolis, where students have been camping out since April 26 to protest Israel’s invasion of Gaza, there hasn’t been so much as a standoff.

No police officers — campus or otherwise — have tried to remove their encampments or asked them to leave. For the first few days, organizer Layth Abdulbari told Mirror Indy, he wasn’t sure whether the administration even knew the campers were there. 

In interviews with nine students, staff and activists, Mirror Indy asked why the extent of the protests — and the response from the university and law enforcement — have been different in this city’s largest and perhaps highest profile university. They say the campus attracts a far different student population than other universities, including students from working-class backgrounds and older adults returning to higher education to train for new careers. 

These students may feel just as strongly as their peers at other colleges, but for a variety of reasons aren’t in a position to risk retribution by escalating protests. The university’s response also has been more measured, many said, which could be related to a desire to avoid a repeat of the backlash from the arrests in Bloomington.

“We have students who work, we have students who take care of families,” said Tijen Demirel-Pegg, a professor of political science at IUPUI. “They don’t have time to actually sit in an encampment. That’s the demographics of IUPUI and it’s just a major difference between Bloomington or Columbia or UCLA.”

Students say they’re inspired that their campus has organized to be a part of the national movement. Maram Nada, a junior, said that Indianapolis’ demonstration shows the overall peaceful nature of the student movement.

“Nobody’s screaming, nobody’s yelling out antisemitic slurs,” she said. “We’re all just sitting, eating, hanging out, just maintaining a presence.”

IUPUI and activism 

IUPUI is the only one of Indianapolis’ six colleges or universities to set up a pro-Palestinian encampment. 

In a statement on social media, Butler’s Students for Justice in Palestine chapter and Muslim Student Association said that they supported the campus protests and urged people to pay attention to the war in Gaza.

“The role of student activists only becomes more important as the plight of the Palestinian people continues,” the statement said. “There are no universities left in Gaza, so we must use our student voices to advocate for the Palestinian liberation narrative.”

Despite IUPUI having the only encampment in the city, the differences between the Bloomington and Indianapolis protests in both scope and response are striking.

For one, IUPUI professor John Kaufman-McKivigan posited, IUPUI’s encampment is not centrally located. 

Students have built the IUPUI “Liberated Zone” in a space called Democracy Plaza. Like Dunn Meadow at Bloomington, the plaza has long been a designated space for free expression. 

Dunn Meadow, along with Hamilton Hall at Columbia and Dickson Plaza at UCLA, are centrally located areas that people need to pass through to get to class, grab food or go to their dorms. Unlike Dunn, the plaza is out of the way of many gathering places on campus, tucked underneath the Kelley School of Business. 

Indianapolis and Bloomington’s campuses are also vastly different in size and scope. IUPUI has around 24,000 students, while IU Bloomington has around 48,000. Though some IUPUI undergraduate students live on campus, a far greater percentage live in off-campus apartments or commute to campus.

In addition, IUPUI has a different student body than IU’s flagship campus. IUPUI has more students older than age 25 and more students that take classes part time, according to federal education data. And while there are older people engaged in the antiwar movement, younger, full-time students often have more flexibility in how they can protest and when. 

Different views of the protests

Students have other theories for why IUPUI hasn’t faced the same kind of backlash as in Bloomington. Law student Michael Linge proposed that IU President Pamela Whitten doesn’t want to disrupt the generally calm atmosphere on Indianapolis’ campus. 

Linge said he sees a “hesitancy of university administration to get on the front page of CNN again, because they’re already facing a lot of lawsuits.”

On May 3, the ACLU of Indiana filed a lawsuit against IU on behalf of three people, including an IU professor and graduate student, who were banned from campus after being arrested while protesting in Bloomington. 

That’s not to say everyone is entirely happy with the protests. 

Earlier this year, Lainna Cohen, a clinical research coordinator at IU’s medical school, confronted a pro-Palestinian student group — though not the one that organized the encampment — in the campus center. In a heated tone, Cohen, who is Jewish, pushed the student group to call for the release of Israeli hostages, while the group maintained they believe there should be a ceasefire first. That conversation was recorded and later shared on the club’s TikTok, with the students saying they felt harassed.

Unlike in Bloomington, there’s no active organization for undergraduate Jewish students on campus, which Cohen said can make it hard to build a community and sometimes makes her feel isolated. Especially since the Oct. 7 attacks on Israel, she said she’s felt frustrated by what she feels is a lack of willingness among members of the campus community to have an open dialogue about the Israel-Hamas war.

Cohen stands by what she said in the video, and her overall impression of the IUPUI protests is that they’re peaceful, but now Cohen said she feels singled out when she walks through campus. 

“I don’t think it should fall just on Jews to have that conversation,” she said. “I think that intellectuals in general, anyone who has any real concept of what’s going on in the Middle East, should be engaged in conversation. I don’t see that happening.”

Months after her conversation in the campus center, when the pro-Palestinian encampment popped up at IUPUI, Cohen went to check it out early on. Though she disagreed with the language and messaging from students at the encampment, she said things looked calm when she visited. 

“They are not spewing hatred or anything at the encampment,” she said. 

Administrative response 

The night before pro-Palestinian protesters were scheduled to gather at IU Bloomington, the administration changed a decades-old rule that would have allowed protestors to set up tents in the campus’ free speech zone, according to reporting from the Indiana Daily Student. 

That last-minute rule change enabled police to arrest students, faculty and community members in the days that followed. 

In contrast, it took nearly a week for IU Indianapolis Chancellor Latha Ramchand to publicly acknowledge the protests on Indianapolis’ campus. In a May 2 email to faculty, she acknowledged the rights of students to protest, but expressed that she was concerned about the “outside influence on student groups that is resulting in violence” on universities nationwide. Academics who have studied protests say blaming outsiders for causing protest violence has been used in the past to delegitimize social movements, from the Civil Rights movement to Black Lives Matter. 

The IUPUI encampment is being supported by two local groups — Indiana Resiste and the Central Indiana Democratic Socialists of America — but it’s run by students. 

Ramchand also said in her email that she would be convening a task force of faculty, staff and students to discuss rules and policies for the student encampment. 

The Palestinian Solidarity Committee at IUPUI, which is not a university-recognized student group but is made up of students, released a statement in response to Ramchand’s email. Their statement expressed anger that they were not informed or asked to participate in discussions of how to move forward. They asked the administration for seats on the task force, which includes four students. 

“Any task force discussing or deciding policy or future action regarding movements like ours cannot hope to equitably or justly make decisions without our voice present,” the statement read. 

But in a May 7 meeting of the IUPUI faculty council, Ramchand said the task force would not be addressing the demands of the students who have been protesting. Those asks include that IU cut financial ties with Israel, that Whitten and other top administrators resign and that IU end its partnership with the Crane naval base in Bloomington because of its role in researching and engineering weapons for the U.S. military.

As of 2021, Crane had a research and development agreement with an Israeli weapons company, though it’s unclear whether that partnership is ongoing. 

“It is not going to discuss the requests or the demands of the people that are protesting,” Ramchand said in the meeting. “What it is going to discuss is policy that should help us have a better dialogue with our students.”

‘We’re doing the right thing’

After nearly three weeks, students have settled into a routine in the Liberated Zone. 

Many days, the Palestinian Solidarity Committee will post a daily schedule on social media that includes activities ranging from bracelet and poster-making to teaching sessions. 

“I love the communal living,” said Ilsa Blansette, a law student. “We’re just constantly looking out for each other and making sure everyone’s OK and just being together all the time.”

It hasn’t been all idyllic — students say there have been some who disagree with their antiwar message coming in and confronting them. One morning, campers awoke to maintenance power washing their chalked messages off the walls near the encampment, though the administration later told them it was a mistake.

But for the most part, students said they feel gratified that they’re able to do something — anything — rather than sit on their phones and watch war unfold in Gaza from a distance.

“We’re in the right place,” Linge said. “We’re doing the right thing.”


Claire Rafford wrote this article for Mirror Indy.


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