Following a second trial, Lester Wilson’s death sentence was affirmed by the California Supreme Court June 8. Wilson was twice convicted of the 1997 murder of his friend, Uwe Durbin, in retaliation for supposedly stealing his television.
Wilson’s first conviction, in 2000, was reversed by the state Supreme Court after the court found that a juror was improperly discharged during penalty deliberations. He was convicted again in 2010.
The trial court should have not dismissed the juror for racial views. He did not conceal information, and his viewing of the trial through his experience as an African-American man did not disqualify him.
From the Supreme Court ruling
Despite the ruling, Wilson is not likely to receive the death sentence. Gov. Gavin Newsom paused all executions in 2019.
The Supreme Court automatically reviews all death penalty sentences.
The crimes
The Supreme Court ruling laid out the facts.
Durbin was staying with Wilson and Barbara Phillips, Wilson’s wife, in Riverside. Wilson thought Durbin had stolen his television. Wilson and Phillips went to Durbin’s brother’s apartment on June 8, 1997. After the brother, Mike Durbin, opened the door, Wilson put a gun to his head and pushed himself inside. After Mike denied having knowledge of Uwe’s location or of the television, Wilson ordered Mike, Mike’s girlfriend Lisa and Lisa’s three children to get in his and Phillips’ cars. Uwe walked up as Wilson was pulling out of the carport, and was also ordered into Wilson’s car. Wilson and Phillips drove the family to Wilson’s house.
There, Uwe again denied taking the television. Wilson shot him in the knee. Wilson allowed Mike to take his family upstairs, then took Uwe to a bedroom. He struck Uwe 50 to 100 times with his fists and a pair of gloves filled with D-cell batteries. Uwe told Wilson where to find the television, and Wilson bound him with duct tape.
Wilson went to find the television with Mike, but could not find it. He brought three men back to his house, where they took turns beating Uwe with steel weights and choking him with a chain. The torture lasted an hour. Phillips and one of the men each said that all of Mike’s family was going to die.
Mike offered his life in exchange for the children’s freedom, and was brought into the room with Uwe, where the men continued beating his brother.
Lisa and the children were taken to another house, where Wilson raped her before bringing her back. He raped her again and forced her to carry Uwe into the garage.
Uwe’s body was found in a drainage ditch along the 91 freeway the next day. Four bullet casings and one intact bullet were found by his body.
Prior reversal
Phillips was convicted of first degree murder with kidnapping and torture, and was sentenced to life in prison without parole.
Wilson’s first conviction for murder and rape was reversed after the only Black juror was released while the jury was considering his penalty. Wilson is Black; the Durbins are white. The jury had already agreed that Wilson was guilty.
The juror became the only juror arguing for life imprisonment instead of the death penalty. Another juror had accused him of misconduct for considering facts not in evidence, discussing the case with a juror before deliberations, telling other jurors they could not understand his position because they were not Black, and refusing to follow the court’s instruction that death is a penalty worse than life imprisonment. The judge ruled that the juror had concealed his racial views in voir dire and improperly considered race and racial stereotypes.
The alternate juror also decided that he could not vote for the death penalty, citing his religious beliefs. The judge also disqualified the alternate juror. The second alternate juror voted for the death penalty.
The Supreme Court ruled that the trial court should have not dismissed the juror for racial views. He did not conceal information, and his viewing of the trial through his experience as an African-American man did not disqualify him, the Supreme Court ruled.
Current ruling
Wilson’s appointed attorney, Patrick Ford, argued that the retrial was an unlawful retrial that violated the double jeopardy rule, which prevents one person from being tried again after being found innocent. He also argued that Wilson’s prior counsel was ineffective and should have been replaced.
The Supreme Court found the double jeopardy claim to lack merit, because the earlier judgment was reversed for legal error, and because Wilson was not acquitted of the charges. The counsel claim also fell, because Wilson never said he wanted a different attorney, which is a prerequisite for an ineffective counsel claim.
Case information
Riverside Case No. RIF079858
Supreme Court Case No. S189373
Justice Carol Corrigan authored the opinion. Chief Justice Patricia Guerrero and Justices Goodwin Liu, Leondra Kruger, Joshua Groban, Martin Jenkins and Kelli Evans concurred.
Deputy District Attorney Alan Tate prosecuted, and Meredith White of the Office of the Attorney General represented the People on appeal.
Patrick Ford, on appointment, represented Wilson on appeal.
Judge Elisabeth Sichel presided in Riverside Superior Court.
Read the ruling here.
