Prosecutor James Konat's "Black Folk Don't Testify Against Black Folk" Comment Gets Murder Conviction Overturned
During the 2007 murder trial of Kevin L. Monday Jr., witness after witness took the stand and denied seeing Monday fire the shot that killed Francisco Green, despite clear video evidence that showed Monday was the killer. Frustrated, King County Senior Deputy Prosecutor James Jude Konat told jurors that the reason for the denials was because "black folk don't testify against black folk."
James Konat should probably avoid the term "black folk" from now on.
Konat is no doubt wishing he'd never said that today. Monday, on the other hand, is probably thrilled that he did.
That's because the Washington Supreme Court just overturned Monday's conviction, saying that he "fatally tainted" the jury pool by attacking the witnesses' race.
Writing for the majority, Justice Tom Chambers excerpted a portion of Senior Deputy Prosecutor James Jude Konat's closing argument in which he appears to suggest black witnesses cannot be expected to testify truthfully."The only thing that can explain to you the reasons why witness after witness after witness is called to this stand and flat out denies what cannot be denied on that video is the code. And the code is black folk don't testify against black folk," Konat told the jury at closing arguments.
"You don't snitch to the police. And whether it was the guy who was down there helping Francisco Green, trying to keep this killer off of him, or whether it was the people that were working with this killer to try and get to Francisco Green, none of them could bring themselves to recognize what cannot be denied.
Chambers found that the King County deputy prosecutor on the case improperly attacked witnesses' credibility based on race.
"The prosecutor's misconduct tainted nearly every lay witness's testimony," Chambers wrote. "It planted the seed in the jury's mind that most of the witnesses were, at best, shading the truth to benefit the defendant.
The video that Konat speaks of was shot by a nearby street musician who happened to have a camera set up. Apparently it showed Monday arguing with Green before pulling out a gun and shooting him point-blank.
It stands to reason that with that kind of undeniable video proof, Konat had no reason to include a racial tirade in his prosecution.
But he did.
Now a man who seemingly should be in prison for life is no longer a convicted killer.
Konat is also handling the prosecution of accused rapist and killer Isaiah Kalebu (also black). That case seems to be open-and-shut too. Let's hope Konat can keep his racial assessments to himself.






























