In a note from a 2010 case, a prosecutor remarked that a potential juror who worked for Shell oil was a “dyke”. In notes from a 1995 case, a prosecutor wrote that a prospective juror was a cashier and a “possible fagot [sic]”. Neither were selected for the juries.

The files are coming to light two months after US judge Vince Chhabria said evidence suggested Alameda prosecutors have systematically excluded Black and Jewish jurors over the years and ordered the DA’s office to review all implicated death penalty cases. While some records of discrimination are decades old, the scandal could have a significant impact on defendants who remain incarcerated with death sentences and continue to appeal their cases.