by TChris

The federal government has charged 14 people with playing a role in a smuggling operation that resulted in the deaths of 19 illegal immigrants after they succumbed to heat in the back of a tractor-trailer. But prosecutors are only seeking the death penalty against one defendant, Tyrone Williams, who happens to be an African American. His lawyer is asking why.

"In this case, the discriminatory effect and discriminatory intent cry for justice," [Craig] Washington wrote in a motion submitted Thursday. "Moreover, every other similarly situated individual in the history of the death penalty as it relates to (immigrant) smuggling has been treated differently. Justice demands justice."

Washington told the court that, since 1994, 68 people have been charged with immigrant smuggling that resulted in death, but the government has pursued a death sentence only against his client.

To her credit, the judge would also like an explanation for the government's insistence on death. She may not be ready to accept the claim that Williams was the only defendant who had the ability to prevent the deaths from occurring.

During a hearing Friday, U.S. District Judge Vanessa Gilmore asked Assistant U.S. Attorney Tony Roberts to provide her a letter from U.S. Attorney General John Ashcroft explaining his office's refusal to "disclose why you sought the death penalty on this guy, the only black guy, and not on the others." Gilmore said she would hold Roberts in contempt if she didn't get the letter Friday.