A federal judge today threatened to hold a prosecutor in contempt if he failed to get a letter from U.S. Attorney General John Ashcroft by the end of the day stating his refusal to explain why the only death penalty ever sought in an immigrant smuggling case is against a black man.
U.S. District Judge Vanessa Gilmore made the threat after Assistant U.S. Attorney Tony Roberts told her that the Justice Department was refusing to release information on how it determined it would seek the death penalty against Tyrone Williams and not the 11 other death-penalty eligible defendants in the case.
The U.S. Justice Department sought the death penalty for Williams, a Jamaican immigrant from Schenectady, N.Y., following the deaths of 19 immigrants being smuggled in his tractor-trailer rig last year.
Gilmore, who had ordered Roberts in several other hearings to produce the information, said she wanted a letter from Ashcroft by the end of the day saying that he was refusing to comply with her order because it violated the constitutional prerogatives of the executive branch.
Roberts said it was doubtful that he could obtain the letter.
Gilmore said, "They are taking the position that they can indict whoever they want to and charge the death penalty and not disclose the reason."
I think the judge should hold Ashcroft in contempt, not his poor, lowly minion. Details here from the Houston Chronicle.