fair, is it? it s not fair. but those artists did studies. when you say he is likely to commit another crime because he is male, nobody objects to that. it s just the same as a comparison. reporter: brain dwayne buck has one last chance to fight his death penalty sentence. a texas appeals court will decide any day the summer if he gets another shot in the courtroom. the federal government time we hear anything from the court is next wednesday. we don t know if there will be a decision. we want to talk to bruce watkins, he jones us from skype and our senior legal analyst, jeff, let me start with you. is there any doubt considering race like this is a violation of this guy s constitutional rights? no doubt. this is textbook. when i started looking into this, i had to look at this several times. you think, he didn t say that. but he really did say that.
there was a probably that the man would commit future acts of violence. it s so clear the testimony shouldn t have been put before the jury. reporter: the attorney working the case, not just any attorney, she was one of the prosecutors. she is now pushing to get dwayne buck a new sentencing hearing. the idea that he would be walked to the execution chamber would you tell this simple hearing boggles the mind. it just doesn t make good sense. reporter: walter quijano became a lightning rod six years ago when the death sentences were overturned because of his controversial testimony that race is one of 20 factors that can determine if someone is likely to be a future danger to society. all of them were given new sentencing hearings. all were sent back to death row. dwayne buck was denied a new sentencing hearing but is appealing that decision. from jail, campaign buck
remembers what it was like to hear her testimony . he s basically saying because you are black, you need to die. and i felt that was strange because my lawyer didn t say nothing, and nobody else, you know, the prosecutor or the judge, nobody did. it was like it was an every day thing in the courts. reporter: other member of the prosecution team says buck doesn t deserve a new sentencing hearing because quijano s testimony has little impact on the jury. wilson noted he was called as an expert witness for the defense and testified the convicted killer should be spared the death penalty. was it right? should you ever leak race to why a judgment is reached? no. in buck s case, that itself not what happened. in the cases where it did happen, it was reversed. reporter: after days of calling walter quijano, we tracked him down at his clinic. hi, i m with cnn. we have been trying to get ahold
question dwayne buck is guilty of murder. in 1995, he shot and killed two people, including his former girlfriend and wounded his step sister in this houston house. the controversy started after a jury convicted him. that s because during the sentencing phase, former texas prison psychologist walter kehano was asked this question by a prosecutor. quote, you have determined that the race factor, black, increases the future dangerousness for various complicated reason, is that correct? he responded, yes. and later asking the jury to sentence buck to death rather than life in prison, the prosecutor told the jury, quote, you heard from dr. quijano that there was a probably that the man would commit future acts of violence. it s so clear the testimony shouldn t have been put before the jury. reporter: the attorney working the case, not just any attorney, she was one of the prosecutors. she is now pushing to get dwayne
buck a new sentencing hearing. the idea that he would be walked to the execution chamber would you tell this simple hearing boggles the mind. it just doesn t make good sense. reporter: walter quijano became a lightning rod six years ago when the death sentences were overturned because of his controversial testimony that race is one of 20 factors that can determine if someone is likely to be a future danger to society. all of them were given new sentencing hearings. all were sent back to death row. dwayne buck was denied a new sentencing hearing but is appealing that decision. from jail, campaign buck remembers what it was like to hear her testimony . he s basically saying because you are black, you need to die. and i felt that was strange because my lawyer didn t say nothing, and nobody else, you know, the prosecutor or the judge, nobody did. it was like it was an every day thing in the courts.