The Denver Post

Bronson, who fought for fairer trials, dies

- By Sam Roberts

Edward J. Bronson, a political science professor whose research into potential bias was credited with improving the impartiali­ty of criminal juries nationwide, died on April 25 at his home in Denver. He was 91.

His death was confirmed by his son Jeremy.

Armed with specially commission­ed surveys and studies of the predilecti­ons of potential jurors, Bronson, who taught at California State University, Chico, from 1969 to 2003, was often enlisted by defense lawyers for his advice and as an expert witness.

He was particular­ly sought after in capital punishment cases or cases in which the defendants carried added baggage because of their background­s or the barbarity of their crimes.

In two high-profile cases, he argued that the defendants in the Oklahoma City and Boston Marathon terrorist bombings be tried out of town because the jury pool for their trials had been prejudiced by publicity. His findings were cited in judges’ decisions that potential jurors could not be excluded from capital cases solely because they were opposed to the death penalty.

“Ed was particular­ly focused on the rights of men and women who, because of the crime charged or their race, ethnicity or both, were most likely to be at risk of being tried by jurors who were predispose­d to convict and sentence the defendant to death,” professor Elisabeth Semel, a director of the Death Penalty Clinic at the University of California, Berkeley, School of Law, said in an email.

“Ed’s work,” she added, “more often took him to rural counties where anti-native or anti-black discrimina­tion was entrenched, and where there was tremendous prosecutor­ial and judicial hostility to the notion that the accused could not be fairly tried where the crime occurred.”

Denise de La Rue, a jury and trial consultant, cited in an email Bronson’s “dedication to justice, especially for those marginaliz­ed or whose lives hung in the balance.”

His analysis of pretrial publicity was cited in the decision to move the trials of Timothy Mcveigh and Terry Nichols in the 1995 bombing of the Alfred P. Murrah Federal Building in Oklahoma City, which killed 168 people — the deadliest case of domestic terrorism until Sept. 11, 2001.

Their trial was shifted from Oklahoma City to Denver, where Mcveigh received the death penalty but Nichols was spared execution. They were tried separately, which Bronson said demonstrat­ed that in cases where there are multiple defendants, it’s less likely that they will all be sentenced to death.

“The severance motion very likely saved Nichols’ life,” Jeremy

Bronson said.

Edward Bronson was unsuccessf­ul in his argument that the trial of Dzhokhar Tsarnaev, accused in the 2013 Boston Marathon bombing — which killed three people and injured nearly 300 others — be moved out of Massachuse­tts because, as in the Oklahoma City case, the entire state could be considered a victim and therefore biased.

Bronson told the court that the word “terrorist” had been used 620 times in articles related to Tsarnaev in The Boston Globe alone. “Obviously a passing reference is not prejudicia­l, but does show the pervasive impact of the case,” he wrote.

The court declined the request for a change of venue. Tsarnaev was tried in Boston, convicted and sentenced to death. The death sentence was vacated on appeal in July 2020, but the U.S. Supreme Court reinstated it this year.

Edward Jerome Bronson was born on May 10, 1930, in Chicago to Louis Bronson, an executive of

Armour & Co., the canned meat processor, and Helen (Steinberg) Bronson, a homemaker. After her husband’s death in 1945, she moved the family to Denver, where she ran a liquor store.

From 1948 to 1955, Bronson served in the Utah National Guard, the U.S. Air Force and the Virginia Air National Guard.

After earning a Bachelor of Science degree from the University of Denver in 1957, he graduated from the University of Denver law school in 1959. He earned a Master of Law degree from New York University in 1961 and a doctorate in political science from the University of Colorado, Boulder, in 1972. He was a Fulbright scholar at the Center for Judiciary Studies in Lisbon in 1992.

At Chico State, where he taught constituti­onal law and became professor emeritus, Bronson founded the public law, criminal justice and paralegal certificat­e programs; the Pre-law Society; and the Student Law Union of Minorities.

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Edward J. Bronson

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