Brain Dwayne Buck News Today

Fair, is it? >> its not fair. but those artists did studies. when you say he is likely to commit another crime because he is male, nobody objects to that. its just the same as a comparison. >> reporter: brain dwayne buck has one last chance to fight his death penalty sentence. a texas appeals court will decide any day the summer if he gets another shot in the courtroom. >> the federal government time we hear anything from the court is next wednesday. we dont know if there will be a decision. we ...

There was a probably that the man would commit future acts of violence. >> its so clear the testimony shouldnt have been put before the jury. >> reporter: the attorney working the case, not just any attorney, she was one of the prosecutors. she is now pushing to get dwayne buck a new sentencing hearing. >> the idea that he would be walked to the execution chamber would you tell this simple hearing boggles the mind. it just doesnt make good sense. >> reporter: walter quijano became a lightning ro...

Remembers what it was like to hear her testimony . >> hes basically saying because you are black, you need to die. and i felt that was strange because my lawyer didnt say nothing, and nobody else, you know, the prosecutor or the judge, nobody did. it was like it was an every day thing in the courts. >> reporter: other member of the prosecution team says buck doesnt deserve a new sentencing hearing because quijanos testimony has little impact on the jury. wilson noted he was called as an expert w...

Question dwayne buck is guilty of murder. in 1995, he shot and killed two people, including his former girlfriend and wounded his step sister in this houston house. the controversy started after a jury convicted him. thats because during the sentencing phase, former texas prison psychologist walter kehano was asked this question by a prosecutor. quote, you have determined that the race factor, black, increases the future dangerousness for various complicated reason, is that correct? he responded...

Buck a new sentencing hearing. >> the idea that he would be walked to the execution chamber would you tell this simple hearing boggles the mind. it just doesnt make good sense. >> reporter: walter quijano became a lightning rod six years ago when the death sentences were overturned because of his controversial testimony that race is one of 20 factors that can determine if someone is likely to be a future danger to society. all of them were given new sentencing hearings. all were sent back to dea...

Saying if someone is black, theyre more likely to be dangerous in the future. >> people with guns are more likely to be violent than no guns. it doesnt mean all gun owners are violent. they are simplistically taking this and twisting it. i will show you a quote from a classic textbook in the violence. it say if you do not factor if race, you are not discussing the problem seriously. >> reporter: its unfair that if are you are a black defendant and you are compared to what a bunch of other black ...