Kenneth Rouse: Death Sentence Tainted by Racism

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Kenneth Rouse is on death row for a 1991 robbery, attempted rape, and murder in Randolph County. Rouse is African-American; the victim was white. The jury that convicted and sentenced Rouse to death did so in part because of Rouse’s race. In addition, while North Carolina last year prohibited the execution of prisoners with the minds of children, a juror reported they used his mental deficiencies as a reason to give him the death penalty. The state moved to have Rouse executed April 16, but a judge stopped the execution to examine his mental retardation claim in light of the new North Carolina law.

Rouse’s death sentence is under question for a number of reasons:

Racial bias infected the jury’s decision on punishment. Rouse had an all-white jury because the prosecutor dismissed all of the people of color who were qualified for jury service. One of the jurors who voted to sentence Rouse to death has admitted that he lied in order to be chosen for jury service. This juror’s mother was sexually assaulted and murdered, and her killer was executed. The juror deliberately concealed this fact from the judge, prosecutors, Rouse and his attorneys. The juror admitted after the trial that he believed that “black men rape white women so they can brag to their friends” and “blacks do not care about living as much as whites do.” The juror routinely referred to African-Americans as “n------s,” and stated that “bigotry” was influential in his decision to vote for death.

Rouse is mentally retarded. North Carolina law forbids the execution of persons with mental retardation. When he was in school, Rouse was diagnosed as learning disabled in language, reading, and comprehension. He repeated several grades and dropped out of school in the ninth grade. Rouse’s I.Q. has been tested as low as 60; he later scored a 70. Under North Carolina’s new law, an I.Q. of 70 or lower indicates mental retardation. The jury did not believe that Rouse’s intelligence was a reason to spare his life. After the trial, a juror stated that one purpose of the death penalty was to rid the world of defective human beings. This juror said that Rouse was “one step above a moron.”

The courts have not carefully reviewed this case. When Rouse’s attorneys presented evidence of the jury’s dishonesty and racial bias, the state court refused to hear this evidence. Instead, the judge simply signed the State’s order denying relief. Rouse’s attorneys then had one year in which to file an appeal in federal court. Rouse’s lawyers missed the deadline by one day. As a result, the federal courts have refused to look at any of Rouse’s claims.