The U.S. Supreme Court has refused to hear an appeal over a juror who used racial slurs to refer to the man he sentenced to death.
Last month, attorneys for Kenneth Fults submitted a petition to the Supreme Court asking for an appeal on the basis that the defendant did not receive a fair trial because of racism. Fults, who is black, was convicted of killing a white woman in 1996.
Eight years after Fults pled guilty and was sentenced to death, defense attorneys obtained an affidavit from juror Thomas Buffington. In the affidavit, Buffington uses racial slurs while explaining why he voted for the death penalty.
“I don’t know if he ever killed anybody, but that n****r got just what should have happened,” Buffington wrote. “Once he pled guilty, I knew I would vote for the death penalty because that’s what that n****r deserved.”
Buffington, who was 79 at the time of the interview, died last year.
On Monday, the Supreme Court rejected Fults’ petition without further comment.