After spend­ing 32 years under a death sen­tence, 1on February 9, 2026, the Superior Court of the State of California, Alameda County vacat­ed the con­vic­tion and sen­tence of Franklin Lynch and ordered a new tri­al under California’s Racial Justice Act (CRJA). 

Mr. Lynch’s attor­neys argued that racial bias per­vad­ed his tri­al, alleg­ing the dis­crim­i­na­to­ry use of pre­emp­to­ry strikes in jury selec­tion in vio­la­tion of the Supreme Court’s rul­ing in Batson v. Kentucky, and the use of racial­ly dis­crim­i­na­to­ry lan­guage at tri­al in vio­la­tion of the CRJA. On February 4, 2026, District Attorney Ursula Jones Dickson con­ced­ed Mr. Lynch was enti­tled to relief on his RJA claim, and that was the basis cit­ed by the court for over­turn­ing his con­vic­tion and call­ing for a new trial.

Recent cas­es have shown Alameda County to have a long his­to­ry of racial prej­u­dice inside the Office of the District Attorney and cer­tain court­rooms. Assistant District Attorney James Anderson — who led the office’s Death Team” from 1991 to 2004, and was assigned to pros­e­cute Mr. Lynch — had a doc­u­ment­ed pat­tern of racial­ly dis­crim­i­na­to­ry con­duct. 

According to Mr. Lynch’s peti­tion chal­leng­ing his con­vic­tion, his tri­al reflect­ed that pat­tern. DA Anderson referred to Mr. Lynch as a human rep­tile” in his clos­ing argu­ments. Such char­ac­ter­i­za­tions have his­tor­i­cal­ly been used to dehu­man­ize Black defen­dants in court­rooms. Research has iden­ti­fied a vast over­rep­re­sen­ta­tion” of this type of lan­guage in cap­i­tal cas­es. In con­ced­ing the CRJA claim in Mr. Lynch’s case, DA Jones Dickson said the state was unable to prove beyond a rea­son­able doubt that the use of racial­ly dis­crim­i­na­to­ry lan­guage at [his] tri­al did not con­tribute to the judg­ment against him.” DA Jones Dickson’s pre­de­ces­sor, Pamela Price, acknowl­edged in anoth­er cap­i­tal case involv­ing DA Anderson that his per­va­sive use of “[r]acist imagery and stereo­typ­ing” had under­mined the integri­ty” of that con­vic­tion as well. 

Mr. Lynch’s claim also alleges that DA Anderson ques­tioned Black prospec­tive jurors dif­fer­ent­ly dur­ing voir dire and used peremp­to­ry strikes to remove four prospec­tive jurors, three of whom were Black women — a group that research indi­cates is espe­cial­ly like­ly” to be exclud­ed from jury ser­vice in cap­i­tal tri­als. DA Anderson’s jury selec­tion notes reflect a sys­tem­at­ic rank­ing of Black prospec­tive jurors, plac­ing them sub­stan­tial­ly” low­er on his list than oth­er mem­bers of the jury pool. His notes also includ­ed hand­writ­ten B” mark­ings and red dots next to Black prospec­tive jurors, while the race of non-Black jurors was not iden­ti­fied. This prac­tice, described by researcher Mary Bowman as prim­ing,’ which involves pre­sent­ing infor­ma­tion in ways that trig­ger asso­ci­a­tions with oth­er ideas” — can acti­vate racial bias. 

When ques­tioned about sim­i­lar jury selec­tion notes dur­ing an appeal involv­ing anoth­er death row defen­dant, DA Anderson told the New York Times in a 2005 inter­view that exclud­ing Black and Jewish jurors was, in his words, an axiom” and just common sense.” 

Allegations of racial bias in Mr. Lynch’s cas­es also extend­ed into jury delib­er­a­tions. Of the two Black jurors who par­tic­i­pat­ed in delib­er­a­tions, one Black woman ini­tial­ly stat­ed that she did not believe there was suf­fi­cient evi­dence to con­vict Mr. Lynch. Despite this, she lat­er report­ed that the racial pres­sure to change my vote was pal­pa­ble,” and ulti­mate­ly she changed her vote to align with the rest of the jury, result­ing in Mr. Lynch’s conviction. 

A date for Mr. Lynch’s retri­al has not yet been set. 

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Footnotes
  1. Mr. Lynch’s sen­tence was reduced to Life Without Parole (LWOP) in 2024