Prosecutor’s Use of ‘Dixie’ Upends Black Man’s Verdict
“I always think of this one song. Some people know it,” Kallin said during her remarks, according to The New York Times. “It’s the Dixie song. Right?
“‘Oh I wish I was in the land of cotton. Good times there are not forgotten. Look away. Look away. Look away.’ And isn’t that really what you’ve kind of been asked to do? Look away from the two eyewitnesses. Look away from the two victims. Look away from the nurse and her medical opinion. Look away. Look away. Look away.”
The jury found Kirk guilty. He was sentenced to 20 years in prison.
Eric Frederickson, of the State Appellate Public Defender’s Office, appealed, saying Kallin improperly injected race into the case by citing the lyrics and could have affected the jury’s decision by doing so. Kirk claimed his constitutional right to due process and equal protection were violated.
More: Courthouse News Service