the motivation that matters is that of do doug evans. he wanted to get rid of his many african-american jurors as he could, and that is unconstitutional. i think they were receptive, and i hope that they will decide that the mississippi supreme court was clearly erroneous in its finding. is aner: if this case outlier, which is what you were saying, the chief justice and other justices asked you, what kind of a rule can we have to prevent outliers like this? prof. johnson: no new rule is needed. the rule that is needed is one the court has already laid out, that there has to be a sensitive into racial motivation. hopefully that will not produce things in most cases, but a court has to be looking for the fact that he may try to conceal that. opinion of that , thank you. [captions copyright national cable satellite corp. 2019] [captioning performed by the national captioning institute, which is responsible for its caption content and accuracy. visit ncicap.org] ♪ was three giant networks and a government service called pbs. 1969, an unusual

hell naw, he ain'tever told me that, that was a lie. >> brangham: district atrney doug evans has been pursuing the death penalty for flowers. but flowers lawyers argue evans hay-picked white jurors to and convict him. >> doug evans had used his strikes to strike one white prospective juror and five black prospective jurors. when the trial began, curtis flowers looked over at a jury box that was almost entirely white. this in a county that was almost 50% black. that jury listened to seven days of testimony, and then they deliberated for just 29 minutes. they convicted curtis flowersse anenced him to death. >> brangham: flowers' sixth appeal, challenging thetu consonality of this jury selection, is what reached the supreme court today. host and lead reporter of "in the dark," madeleine barron, was at the court this morning, and she joins me now. welcome. >> thanks for having me. >> brangham: so you know this case just about as well s anybody out there, but for people who have not been listening the podcast, tell us who is curtis flowers, and why has heb been ind bars for so long. >> cur

the state, on the other hand, says doug evans valid reasons for striking these african americans from this jurh ins trial. >> brangham: that had nothing to do with race. >> exactly. one of the arguments is one of these jurors, some of thers junew the defendant's family. they had, you know, doubts about the death pen lty. and thinke that. so that's the two sides, basically, as it breaks don. but it's really was interesting to see how this unfolded at the court. >> brangham: and how did it? how did the justices seem to be leaning? >> very, very favorable to flowers, i would say, over all. the newest justice, justice calf new york was very outspoken during oral arguments aboimut te rtance of fair trials and avoiding racial discrim jation y selection. he talked about how it doesn't just matter for the defendant, to make sure the dnt gets a fair trial. but he also talked about how for a community this is important, that if we're going o trust our criminal justice system, we need to make sure that we do not have racism in jury selection. so he kind of carried forth on it, a little unexpecte

no question at all. >> they said we're confident the right person is behind bars. >> doug evans begallonselection with an unconstitutional end in mind. flowers was convicted and the state 340e89 were striking inperspective it black jurors. so they're going to be starring. you can't believe someone's going to be favorable. and he suggested both sides had race on their mind. and that's because that's that were left. prosecutors evans has struck all but one of the black jurors. >>> a giant can sculptor is drawing it attraction from artists we took a walk inicide his work centerpiece of the largest and most expensive private real estate dp government in american history. vessel was unveiled this past week. the sculptor in the middle of hudson yard. a vast new 16-building conference on the west of manhattan. the honey comb flight of fantasy is made of154ligh o d ved hoat you s six yearsorki getting to it like this? >> its rar funny thing. and as a child i thought how do people stay committed to an idea? >> reporter: the first pieces were laid in raise four years after hethy wick had first man

saw thatumulatively doug evans received as few american -- african-american jurors as he could. the numbers are striking. he exercised 36 peremptory challenges, all of them against african-american jurors. exercisedth trial he five out of six of his challenges against african-american jurors. if we look at the numbers of his regarding his questioning, they are likewise stark. struckd of the african-american jurors and average 29 questions. he asked the white jurors 1.1 questions. these numbers do not stand alone. mr. evans was twice found to have been discredited on the basis of race in the exercise of his peremptory challenges against african-american dependents in trials of the same case against the same defendant. there is no one who has a record of adjudicated discrimination like that of mr. evans. the history is very troubling and you have summarized that. -- >> the history is very troubling and you have summarized that. the decision that ultimately has to be made in the case. i am not suggesting this is the way it should be analyzed, it is not, but if we were to disregard

prosecutor doug evans has struck almost every african-american juror in these trials. the only time in which he did or 11ve an all white jury whites and one black have resulted in mistrial. the question is whether the prosecutor has engaged in race discrimination. his office was 4.5 times more likely to strike a jerk who was black than major who was low white -- was white. host: good morning. caller: i am actually from new york. my question is whether or not you are aware of the conditions of confinement for those on death row. i am aware there have been court cases about those on death row who are in solitary confinement and very harsh conditions. i have read about other states who have those on death row who actually have not so severe or restrictive conditions. i am curious to what extent you are aware to the conditions of confinement for those on death row and how they differ among the states. guest: the answer is they differ among the states. there is no such thing as the death row per se. differentlyreated in different states. typically the people on death row ar

all six trials were prosecuted but district attorney doug evans who eliminated all or almost all of theona. >> if you are black, they got snow last year the peabody award-winning podcast "in the dark" examined the different trials, finding that 61 of 72 jurors in his six trials were white in a county that's half black and every white juror when he was convicted voted guilty. evans told the podcast he was confident of flowers' guilt. >> that i will answer, definitely, no question at all. >> reporter: the family said of a victims that we're confident that the right person is behind bars. but flowers' lawyer sheri lynn johnsson told the justices his conviction was tainted. >> doug evans began jury selection, to seat as few african-american jurors as he could. >> reporter: in the sixth trial in 2010 flowers was convicted and the state supreme court upheld the death sentence saying this time evans had reasons not related to race for striking the prospective black jurors. the justices, liberal and conservative, weren't persuaded. justice elena kagan, the numbers are staggering. justice brett

doug evans struck from the jury 41 of 42 potential black jurors. attorneys cannot strike jurors on the basis of race. the oral argument in the case flowers be mississippi is tonight on c-span starting at 8:00 p.m. eastern. >> get to know the freshman members of the 116th congress monday, learn about the most diverse group of lawmakers in history. real, i am authentic. i will not be a polished politician. >> i am a smalltime lawyer from lexington. >> served in afghanistan. mcdonald's in franchisee for 22 years. >> i have a fascination with the toa of finding answers questions in one us can find. >> i have been a physician for all of my professional life area -- professional life. >> live at 7:00 a.m. eastern monday morning. join the discussion. >> the c-span bus travel to texas asking folks, what does it mean to be american? >> it means a sense of camaraderie. 50 different unique, i can't say i am from wisconsin and texas. where all american and this bond, we are one individual. that is what makes the u.s. unique. that embodies the values the other

prosecutor doug evans has struck almost every african-american juror in these trials.he only time in which he did or 11ve an all white jury whites and one black have resulted in mistrial. the question is whether the prosecutor has engaged in race discrimination. his office was 4.5 times more likely to strike a jerk who was black than major who was low white -- was white. host: good morning. caller: i am actually from new york. my question is whether or not you are aware of the conditions of confinement for those on death row. i am aware there have been court cases about those on death row who are in solitary confinement and very harsh conditions. i have read about other states who have those on death row who actually have not so severe or restrictive conditions. i am curious to what extent you are aware to the conditions of confinement for those on death row and how they differ among the states. guest: the answer is they differ among the states. there is no such thing as the death row per se. differentlyreated in different states. typically the people on death row are

in five of the trials the prosecutor, doug evans, struck 41 of 42 potential black jurors . watch tonight at 8 pm eastern on c-span, online@cspan.org or listen on the free c-span radio app. >>> the 30th anniversary of the exxon valdez oil spill. remembering president george h.w. bush and the inventor of the world wide web. all this weekend on american history tv. saturday starting at 12:30 pm eastern, three programs marking the 30th anniversary of the exxon valdez oil spill . the second-largest in the u.s. the exxon valdez oil spill . the second-largest in the u.s. >> the captain of the ship got on the radio and called it the coast guard in valdez immediately. and he said we are hard at ground and evidently we are leaking some oil. he said on the radio that he was going to try to rock the boat and get off the reef and proceed. which was just a terrifying possibility . the ship was so badly damaged there was a good chance it would have capsized. >> sunday at 8 pm eastern on the presidents' day, former secretary of state james baker members his longtime friend president george

doug. >>> more trouble for d.c. council member jack evans. the chairman of the council introducing a reprimand resolution to discipline evans after "the washington post" published e-mails showing evans and his chief of sta used their government e-mails to solicit outside income from law firms. last year the d.c. government received subpoenas related to evans' dealing with a digital sign company. after learning of his reprimand today, issued his first public policy. >> in retrospect, would have done a lot of things different and made some majormistakes and i want to take this opportunity to apologize to my constituents tof he residents oe district of cumbia and to my colleagues.oo >> he wasn'tpecific there. when asked by reporters to be more specific about which issue he was apologizing for, he turned around, walked away and would not respond. he also serves as chairman of the metro board and the board has launched their own inquiry to seef he violated their ethics rule. >>> breaking now,ood and drug commissioner scott gottlieb is he's resigni

doug. >>> a star studded unveiling for apple's new tv service. >>> breaking records at the box ce. scott evans is live from access with the hor ro >>> jordan peel has done it again. seems a lot of people ran to see his new horror mie "us" because it earned more than $70 million over the weekend. >> some of my daughter's money i can tell you that. it's the follow-up to "get out". access' scott evans joins us now with more on the movie that everybody i talking about. >> it got my money, too. i am all in with"us" it is a sensation with a major first weekend.th get . as" is the highest grossest opening f original horror movie bringing in $70 million, and it only cost $20 million to make. apparently that's a modest budget. lots of hidden messages throughout the film, which means you have to see it there are so many theories out there, especially the twist ending that i'm not going t giaway. but one of the most important scenes of the films when we meet the other wilsonfamily. director jordan peele breaks it down. >> there's a family in the driveway. >> here we have a scene where the family arrives,

doug. >>> a popular local grocery in store cha closing locations in virginia and maryland. >> tracee wilkins looks into what this could mean for employees and the shoppers. >>> first scott evans shares reaction from hollywood to the breaking news in the jussie >>> we have some breaking news to report. a juvenile has been struck. it hapned just moments ago in rockville, hit apparently by an suv. is happened near rockville pike near veers mill road. these are live chopper 4 pictures of the scene. apparently the juvenile is still trapped be beneath this suv and has suffered sious injuries. this is a juvenile hit near rockville pike. they're waiting for emergency g crews t to the scene. apparently the young person has beenur seriously i and is still under the suv. c we'llontinue to follow the story on air and on line. >>> late developmentsean the ng news that prosecutors have dropped the charges against actor jussie smollett. all the charges. now we're getting lots of reaction.cl ing some from celebrities now. scott evans from access joins us now. scott, this news of his arrest came out, smollett too lot of hits from celebrities out there. what reaction are you hearing now? >> i