Key facts
- Two men, Ernest Dykes and Curtis Lee Ervin, are suing Alameda County for $572 million.
- The lawsuits allege that prosecutors intentionally discriminated against Black and Jewish jurors during jury selection.
- Dykes and Ervin were freed from prison after their convictions were overturned due to prosecutorial misconduct.
- Evidence includes notes from prosecutor Colton Carmine showing intent to remove Black and Jewish jurors.
- Dykes seeks $32 million in compensatory damages and $250 million in punitive damages.
- Ervin seeks $40 million in compensatory damages and $250 million in punitive damages.
Two men who were released from prison after their convictions were overturned due to prosecutorial misconduct have filed separate lawsuits against Alameda County, seeking a combined total of $572 million.
Ernest Dykes, who served 31 years, most of it on Death Row, filed suit today in federal court. He alleges that in his 1995 trial, prosecutor Colton Carmine intentionally excluded the only Black person considered for his jury using a peremptory challenge. Dykes' lawsuit claims this violated his right to a fair trial and seeks $32 million in compensatory damages for pain and suffering, including inadequate medical care, and an additional $250 million in punitive damages.
Dykes admitted to unintentionally killing a child during a robbery attempt but claims the prosecutor disregarded his remorse and minimal criminal history when charging him with first-degree murder and seeking the death penalty. His conviction was vacated after the DA's office conceded misconduct, and he was resentenced to voluntary manslaughter.
Carmine's notes from jury selection, which surfaced two years ago, reportedly showed he flagged Black and Jewish jurors for removal, using derogatory terms. U.S. District Court Judge Vince Chhabria noted these notes as strong evidence of a pattern of serious misconduct in prior decades, where prosecutors automatically excluded Jewish and African American jurors in death penalty cases.
Curtis Lee Ervin, another man convicted of murder by the same office, filed a similar suit on May 27. Ervin, who spent 33 years on Death Row, is seeking $40 million in damages for unlawful incarceration and $250 million in punitive damages. His attorneys claim his right to a fair trial was violated, leading to years of deprivation and inadequate care.
Both lawsuits accuse the leadership of the Alameda County DA's office from the 1980s through the 2000s of failing to adequately train and supervise prosecutors, and of encouraging discriminatory jury selection practices. The review ordered by former DA Pamela Price turned up more evidence of misconduct, leading to the release of five men, including Dykes and Ervin.