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6 Reasons to Become A Hat Person This Year

16 Jun 2022

In 1992, Kenneth Rouse, an African-American man with an IQ between 70 and 80 - "borderline intellectual functioning," in the clinical parlance - prepared to stand trial in North Carolina on charges that he had robbed, murdered and attempted to rape a white, 63-year-old store clerk.

Rouse's lawyers questioned the prospective jurors to try to expose any racial or other bias they might have against the defendant. But several years after the all-white jury convicted Rouse and recommended a death sentence, his defense team made a stunning discovery.

One of the jurors, Joseph S. Baynard, admitted that his mother had been robbed, murdered and possibly raped years before. Baynard had not disclosed this history, he said, so that he could sit in judgment of Rouse, whom he called "one step above a moron." Baynard added that he thought black men (“niggers” was the term he was quoted as using) raped white women for bragging rights.

As claims of juror bias go, the evidence could hardly have been stronger. But Rouse's final appeal was never heard. Under the Antiterrorism and Effective Death Penalty Act of 1996, Rouse's lawyers had just one year after his initial state appeal to petition for a last-resort hearing in federal court.

They missed the deadline by a single day.