New Yorker: Texas Executed an Innocent Man
Published August 31, 2009 @ 06:51AM PT
A report published today in the New Yorker finds that Cameron Todd Willingham, who was executed in 2004 in Texas for setting a fire that killed his three daughters, was innocent. He is pictured at left with his two-year-old daughter Amber, who died in the fire.
This is incredibly sad news, but it also marks the most conclusive evidence yet that an innocent person has been put to death in the United States. We’ve known for years that the arson science used to convict Willingham was flat-out wrong. Today’s New Yorker report goes further: it dismantles the case that sent Willingham to his death, point-by-point, proving that every shred of evidence used against him was false.
Innocence Project Co-Director Barry Scheck wrote in the Huffington Post: "There can no longer be any doubt that an innocent person has been executed. The question now turns to how we can stop it from happening again."
And the New York Times adds, in an editorial today: "The Willingham investigation, which is continuing, is further evidence that the criminal justice system is far too flawed to justify imposing a death penalty."
I strongly, strongly urge you to read David Grann’s incredible New Yorker piece in its entirety. I can’t imagine that you can leave the story with trust in our system of capital punishment.
(Disclaimer: We’re reporting on this story today at the Innocence Project, where I work when I'm not blogging here at change.org. The Innocence Project has been involved in investigations of the Willingham case, but views expressed here are mine alone.)
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Comments (56)
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After reading the New Yorker article, it seems that while science doesn't lie, people do. They lie, ignore and self support.
When it is actually more cost effective to incarcerate someone for the remainder of their lives than to carry out a death sentence, why is it an alternative?
One big point to keep in focus here: the legal system isn't what actually failed. As always, the monster was human. Officials notified in time of the scientific evidence of Cameron Todd Willingham's innocence failed him, us and the system they supposedly serve or at least work for. In my opinion, Mr Willingham's death certificate was correct... his cause of death, homicide. Those same individuals who failed him should stand trial, namely the then-governor of Texas and the 15 members of the Texas Board of Pardons and Paroles, at the time. They were his safety net. Their negligence cost an innocent man his life, his parents their child and proved beyond any shadow of doubt that regardless of how fail-safe a system is designed to be - humans are not.
Posted by Fred Frankenberg on 08/31/2009 @ 02:33PM PT
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This was another wrongful execution and homicide. The story is the highest outrage. It is more proof that the death penalty is completely unjustified. Speaking of ...what ever became of that not-so-innocent man from Crawford? Rev. Bookburn - Radio Volta
Posted by Rev Bookburn on 08/31/2009 @ 06:08PM PT
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I think all executions in America should be halted until they can have a new "going over" by an independent team to be certain that the person the state is killing actually deserves to be killed. One innocent person's execution is one too many.
Posted by Barbara Kantola on 09/01/2009 @ 03:48PM PT
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Living through a grand jury indictment and a federal case filled with flaws, I beleive our judicial system is in absolute chaos, sentencing guidelines are in desperate need of change from mandatory minimums to wrongful execution cases like this. One life incarcerated or executed unjustly is one too many. Write your congressman demanding change and to support the following bills:
H.R. 2934 The Common Sense In Sentencing Act of 2009
H. R. 3327 The Ramos - Compean Justice Act of 2009
Posted by Danielle Williamson on 09/04/2009 @ 11:16AM PT
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The unveiling and exposure of such abomination should now open a rotten can of worms that had been deeply buried for decades. Let it be known: the myth that an innocent had never been executed in USA can be kissed goodbye.
So far, Cameron's case is unique by the nature of Charge-Arson/1st degree murder, conviction: improper/false forensic with many thanks to "Dr Death" lethal and erroneous testimony in the case and sentencing: death.
Most of wrongful executions are primarily based on the following reasons and their various combinations.
Misidentification: Odell Barnes TX executed 2000, Willie Jasper Darden FL executed 1988, Carlos Deluna TX executed 1989, Robert Nelson Drew TX executed 1994, Alvin Moore LA executed 1987... to name a few.
False/coerced confession: Brian Baldwin AL executed 1999, Timothy Baldwin LA executed 1984, Garvies Davis IL executed 1995, Sie Dawson FL executed 1964, Richard Wayne Jones TX executed 2000...to name a few.
False/perjured testimony by witness or co-defendant: James Adam FL executed 1984, Ruben Cantu TX executed 1993, Barry Lee Fairchild AR executed 1995, Billy Conn Gardner TX executed 1995, Gary Graham TX executed 2000, Henry Lee Wayne Hunt NC executed 2003, David Stocker TX executed 1997, Jimmy Wingo LA executed 1987...to name a few.
Prosecution/Police misconduct: Garvies Davis again who was literally taken for a ride by police and forced into signing a false confession when totally illiterate, Benny Demps FL executed 1999, Leo Jones FL executed 1998, Roy Michael Roberts MO executed 1999, David Wayne Spence TX executed 1997, Dennis Stockton VA executed 1995, David Stoker TX executed 1997, Jessie Tafero FL executed 1990, Phillip Workman TN executed 2007, Freddie Lee Wright AL executed 2000...to name a few
Improper/false forensic&ballistic: Roger Coleman VA executed 1992, Wayne Felker GA executed 1996, Wilburn Henderson AR executed 1998, Leonel Torres Herrera TX executed 1993, Malcom R Johnson OK executed 2000 and... posthumously exonerated in 2002, Frank Basil McFarland TX executed 1998, Frances Newton TX executed 2005... to name a few.
In memory of Larry Griffin MO executed 1995 due to incompetent legal representation. His lawyer was a recent graduate who had never tried a murder case. Larry's lawyer failed to investigate adequately or identify eyewitnesses who could testify to Griffin's innocence. Three witnesses were able to substantiate larry's claim of innocence. Larry's case is pretty much a combination of all of the above.
The "actual innocence" standard imposed by the US Supreme Court in reviewing state court decisions, resulted in Larry's actual innocence claims not being heard by the courts despite substantial evidence of innocence.
Posted by Michele Queyroy on 09/04/2009 @ 11:47AM PT
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Above listing of probable "wrongfully executed" was mainly found on the following links:
DPIC http://www.deathpenaltyinfo.org/
CWC http://www.law.northwestern.edu/wrongfulconvictions/
Posted by Michele Queyroy on 09/08/2009 @ 01:41PM PT
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Claims of innocence not being heard by the courts despite substancial evidence of innocence..... That sounds like a nightmare from Georgia!
Posted by Michele Queyroy on 09/04/2009 @ 05:17PM PT
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This tragedy is reason enough to abolish the Death Penalty. The criminal justice system cries out for immediate reform!
Posted by Camille Tilley on 09/04/2009 @ 09:16PM PT
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Camille, you are so correct. The Death Penalty certainly should be abolished. One innocent person executioned us one too many. Someone more petition savvy than I should start petitions to stop all executions until they know beyond all doubt that the convicted is actually guilty. Or just abolish executions altogether. There is not much justice in Texas anyway.
Posted by Barbara Kantola on 09/05/2009 @ 10:13AM PT
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Unfortunately for the poor who need competent counsel Gideon vs. Wainwright seems to be tarnished.
Posted by Danielle Williamson on 09/05/2009 @ 09:30PM PT
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It was with a torn heart and sad feeling in the pit of my stomach reading through this article in the New Yorker today. Matt, I applaud your stalwart resilience in your fight for social justice within the Criminal Justice System. All to often we read newspaper articles about crime and mayhem in our respective towns and cities and assume the truth is printed before us. We as citizens sit in judgement, not only of our fellow man, but of those who bring charges. It is all Americans responsibility to question the motives and integrity of the evidence and our system and the people working in it.
All to often in the past 10-15 years people have been exonerated of crimes they have spent decades in prison serving. Look at the Burge cases in Chicago, where a detective, as common practice tortured people arrested to obtain false confessions.
http://cbs5.com/national/jon.burge.arrested.2.845237.html
It is not JUST the death penalty that needs to be abolished, it is the corrupt politicians, judges, prosecutors and police, who bring these false charges against people that should be prosecuted for abuse of the power bestowed upon them.
Posted by mark schmanke on 09/06/2009 @ 04:01PM PT
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This article demonstrates, once again, that America's thirst for blood overwhelms it's thirst for truth. Those responsible for this man's death should be held accountable. Only then will the system be truly 'just'.
Posted by John Speight on 09/07/2009 @ 10:29AM PT
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America's thirst for blood overwhelms it's thirst for truth.
sad but true...
in some ways, we have a population too ruled by their emotions, instead of their minds.
SEE "Idiot America: How Stupidity Became a Virtue in the Land of the Free" by Charles P. Pierce
It's not who thinks the best that gets the most attention. It's who screams the loudest, or repeats it the most, or is the most sarcastic and nasty that wins the arguments...In fact, there's little discussion, only argument...
Posted by patricia w on 09/14/2009 @ 02:52PM PT
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Americans have never really been the brightest people on the globe..our true strength lies in our willingness to persevere and things through, We have had many truly bright americans, but our isolation has let a certain character trait ala "Wild, Wild West" stay with longer than need be. This trait tends to get in the way of actual social development and intelligence long after the benefits have extinguished. I.e. Russia is now experiencing it's own version of WWW as it comes out of the dark ages of the Soviet. How it deals with that remains to be seen.
America has had some progress in recognizin the dimming necessity of the 'WWW gene' but still has a considerable journey to make on ths one. Just as it takes a whole generation for a death sentence appeal to wend it's way through the appeals process, several generations, maybe many, will transpire before the death penalty to expire.
I suspect that this will only happen out of economic necessity rather than moral necessity. Some time in the future when each state of the Union finds itself in a $ga-zillion dollars in debt, somebody will come up with the great 'moral' observation that, "Hey, we just discovered that the appeals process costs over $5,000,000 whereas life imprisonment costs one-tenth that much. When Wall Street convinces the Legislature/s of the financial idiocy of the death penalty, we see the end of it.
Moral arguments have little use in a Wild Wild West that has little moral highground. Until we evolve beyond that as a society we will still be a nation ruled by our emotions and not by the logic of Mr. Spock. (Maybe we too will have to wait for the development of warp-drive.)
Posted by John Speight on 09/14/2009 @ 04:11PM PT
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Oops! I meant to say, "persevere and SEE things through"
Posted by John Speight on 09/14/2009 @ 04:12PM PT
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America has produced some of the greatest minds in history. The entire world has been benefitted, and much of it protected, by this country and it's minds, strength and resources. We are also an extremely generous country by many measures. And a moral country.
We struggle and have unresolved issues and problems, as do all countries. But we are in no way inferior, just different.
I am proud to be an American.
Posted by James Dunham on 09/14/2009 @ 04:29PM PT
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Never said we were inferior. Please not to take it personally. Compared with the rest of the world, we are abrand new culture. Just babies on the planet. We continue to develop. At some point in time, we will not need to use buzz words such as 'inferior'. Until then, we will still be at each others throats with 'he said, she said'.
Posted by John Speight on 09/14/2009 @ 08:46PM PT
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This story is just another example of how flawed our criminal "justice" system is, especially for the poor, who cannot afford adequate legal representation. I feel that the death penalty has no place in a civilized society and the majority of this planet's nations agree with this viewpoint and have abolished executions.
We must do the same and abolish all executions, regardless of whether these are any improvements in our justice system. We should also eliminate many of the mandatory minimum sentence laws and give judges and juries more discretion and spend the needed money to provide adequate legal representation to the poor, especially in such life or death cases.
Posted by Andrew Heugel on 09/07/2009 @ 10:42AM PT
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I agree get rid of all of the corrupt police, politicians, and judges first of all. Make life sentences mean life until a person dies naturally if they are guilty of a crime. No hearings of any parole whatsoever unless there are court proceedings showing the person was not guilty then let the person go. On juried trials let the jury know of any previous things the criminal has done so the trial will be fair to the person. If a person has killed someone in self defense, let it go depending on circumstances, people killing families or schoolkids or rapists is a different story, they should go to jail and the key thrown away and they should never get out. Same for drug dealers. There are totally innocent people wrongly jailed as well and DNA tests should be used for all cases and that will free those wrongly convicted of a crime. Legal representation should be made available to everyone especially the poor who can't afford it.
Posted by Dianne Sahakian on 09/07/2009 @ 11:48AM PT
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The defendant's prior history is kept from the jury in order that it not taint what is supposed to be a dispassionate and objective decision. It only comes into play during sentencing considerations. It would be categoricaly unfair to convict or release someone based on their past and not on the present circumstances.
Posted by John Speight on 09/07/2009 @ 12:14PM PT
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I wonder how many people can put themselves in this man's shoes, knowing he was innocent, knowing he loved his children and then seeing his own death coming for something he did not do ?
What a legal system we have. And yes, I do believe it is politicians using cases to make a name for themselves, overly zealous states attorneys who care more about making themselves look tough on crime and caring more about their own personal image than the truth for these things happening.
Posted by patricia w on 09/07/2009 @ 12:26PM PT
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Why in the world does the U.S. have the death penalty? It is revenge and punishment. It is murder itself. It does not promote healing or stop others from disobeying the law. The only thing that will bring a transformation is love, compassionate rehab, the healing of the wounds beneath the anger or whatever caused someone to break a law. And since supposedly intelligent people have manipulated "evidence" in so many cases to convict and kill innocent people, the death penalty SHOULD BE ABOLISHED ALTOGETHER. It helps absolutely no one, and obviously harms so many.
Posted by Anita Coolidge on 09/07/2009 @ 01:23PM PT
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Indeed, DP helps absolutely no one and harms so many. The most amazing expression of compassion comes from many families victims opposing the death penalty despite the lost of a loved one!
Posted by Michele Queyroy on 09/07/2009 @ 01:40PM PT
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...and on a related issue, I would also vote for compassion for those who are coercing people to "confess," who are abusing people in the guise of uniformed police, who are acting ineptly on someone else's behalf. They, also, need healing of their wounds. How many police officers were abused as children and think they can "protect" others -- and yet end up abusing others. The only "anger management" is the kind that will, as above, heal the wounds beneath so that old pain will not be triggered and violence against anyone -- innocents or those gulty -- will not occur. Again, it is love and compassion that heal, whatever side of the issue we are on.
Posted by Anita Coolidge on 09/07/2009 @ 02:03PM PT
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I used to work for one of the top criminal attorney's in Chicago, one day, after an interview in the Michigan City State Prison with a man on death row, we discussed the death penalty on the drive home. He opposes the death penalty in all forms.... I asked, driving down highway 12 that day, what if, one of these prisoners kidnapped your daughter and repeatedly raped her, prior to killing her, could you then oppose the death penalty... His answer, then and there, was you know Mark, I have never been in that place, or felt that feeling, but it is my belief that I would have enough inside me to permit forgiveness... I laughed and said, yeah right, I know you, you would hire me to off the sob.
The sad thing is, if it was my daughter, and some criminal dirtbag had raped her...killed her, I would make sure he got out on bond, post it myself, and then I would perform the ultimate sacrafice and kill the bastard... regardless of the consequences....
I know some of these con's in prison very well and some....not all, have absolutely no remorse, care not a whit for us "citizens" and would be just delighted to know that they caused anguish in someone's heart by doing just what I described above, just for the hell of it. So,
the death penalty, does nothing to detract crime, men and women who murder, rape, kidnap etc have no remorseful feelings whatsoever, they only speak the platitudes to engage the public. It serves no purpose for the state to kill convicted killers whatsoever, as it does nothing to reduce the crime rate. It is only a show to appease the public as a political tool to show the public they (politicians) are tough on crime. Nothing more, nothing less.
Posted by mark schmanke on 09/07/2009 @ 02:10PM PT
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The United States Of America has the worst criminal justice system in the world and when things are as plain as the nose on your face to everyone that the person in question is innocent there isn't anyone you can call or write to your congressman,senator,governor,& house rep don't care they choose to turn a blind eye to the fact and claim they can't help in the case politics has been and always will be the down fall of this what use to be a great country.I'm sure the fallen vets. of the wars of the past and all the mia men/women are rolling in there graves or glad they are mia's you want to find out where all the guilty thiefs are LOOK to WASHINGTON
Posted by Steven Reiff Sr. on 09/07/2009 @ 04:05PM PT
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The comments made by Anita Coolidge in this section reflect my own thoughts and feelings as perfectly as anything I could think to say beyond that.
I'd like to call attention to another case involving lengthy, horrible injustice to a Native American by the name of Leonard Peltier. Those interested can learn more about this incredible case by going to http://www.FreePeltierNow.org
and hopefully taking action, while asking others who care to do the same.
It is a dreadfully sad thing to me that a nation of people who will make references to themselves as an "enlightened people" will also hold fast to a judicial system which far too often makes an absolute mockery out of justice by any standards.
What "justice" can be honestly respected and honored as meaningful and right, which takes no account of values such as compassion and mercy?
And if we as a people will regard ourselves as "enlightened", how will we walk worthy of this profession if we do not reflect the reality of enlightenment by the standards we uphold, and the lives that we live?
Indeed our existing judicial system is far past due for major overhaul at every level, and the sooner it can begin the better for all people everywhere.
Posted by Robert Humphrey on 09/08/2009 @ 03:45AM PT
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I agree with you, Robert, on the Peltier case, as well. For the FBI to say that they will not tolerate someone killing one of their own, they need a look at the evidence. And, excuse me, but what did we do as whites when we invaded this country? There needs to be a whole new perspective on this case. It is not right that Peltier was denied parole and has to be imprisoned another ten years or whatever it is. Yes, the "justice" system needs a major overhaul at every level. I pray for compassion and non-violent communication to begin to find its way into our judicial system. Too many people are wrongly accused. Whatever happened to "innocent until proven guilty?"
Posted by Anita Coolidge on 09/08/2009 @ 10:25PM PT
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Very well expressed Anita!
Leonard not getting a parole & release, few week ago, broke my heart!
How do you explain that the co-defs got off the hook in one state and Leonard got stuck with a double life sentence in another state? Bad move, destiny?
Leonard is a pioneer of unity and sustainability!
Free Leonard Now! The man is more valuable outside his cell, practicing and teaching, than beyond bars.
Anyone interested in knowing how many wrongful convictions/exonerations one can have listed in a ... work in progress....add me as a friend! I will gladly forward the data!
Posted by Michele Queyroy on 09/08/2009 @ 11:23PM PT
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The Leonard Peltier travesty of justice has been going on for decades. We who seek that our criminal justice system be less criminal and more about justice must keep the names of wrongly convicted people such as Leonard Peltier and Mumia Abu Jamal alive.
That our so-called justice system can continue to ignore international outrage over cases like these and such travesties as Guantanamo Bay and Abu Gharib show that our new president has a lot to do, if he wants to take us out of the company of such criminal justice pariah nations as Iran and Myanmar.
But, I've begun to wonder if President Obama has the stomach for such a task. It appears that anyone who achieves any real power in this country has sold their soul to the monied interests who demand fealty to the military-industrial-prison complex and the oiligarchy that runs it.
Posted by Andrew Heugel on 09/09/2009 @ 02:03AM PT
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Andrew,
I am fully convinced that "Bo" is trying his best!
Born abroad, I know what Freedom is and means!
I have been in the States long enough now to call it "De-United States of America".
Many thanks to Troy Davis who lead me, since the past year, on the path of a so flawed Criminal Justice System, where I have learned a great deal... at the autumn of my life...and still trying to make a difference!
Hanging around for Troys, Leonards and thousands more:)))
Andrew, Did you know that the President and/or Vice -President can not intervine in the matter of a state? I learned that after speaking with Joe Biden in regard to the Troy Davis case!!!
Joe shared genuine concerns about the entire system, promising to make changes.
Priority went to the general population and prevention of more damaging decline in the economy
So, until and unless we all can come into unity as concerned citizen of America, seeking justice without prejudice for all, changes will be hard to make because of surviving self interest, self promotion, egotistic behavior and corruption you've mentioned!
Money is the biggest plague that humanity had to face.
Many "Leonards", many "Troys" can't fully contribute to the wellfare of our communities and my heart is bleeding in distress of such waste of potential for what was, once upon a time, the greatest country on Earth!
Posted by Michele Queyroy on 09/09/2009 @ 03:40AM PT
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Michele, thank you for the info on whether or not the Pres or VP can intervene in a state matter, such as Troy Davis. I was wondering about that. One of the things that I cannot abide is the clinging to technicalities when egregious events are allowed to occur. Once again, someone has been on death row for a crime for which there is no physical evidence found against him, and in which 7! of 9! witnesses say they were coerced into testifying against him and have since recanted -- not to mention that one of the 2 remaining witnesses is thought to have actually committed the crime! Our "justice" system does need a complete overhaul (have those who coerced them been made aware of the evil of their torture tactics?). And, in the meantime, abolish the death penalty so that murder is not committed by the "justice" system based on technicalities!!!
Posted by Anita Coolidge on 09/10/2009 @ 10:01AM PT
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Anita,
You would not believe all the "horror stories" I am going through, putting together the "Troy Davis made me do it" Excel data...work in progress!
Around 1900 confirmed cases of wrongful convictions/exonerations and with so far, 68 probable wrongful executions: one horror story after another.
Troy's case is unfortunately not that "unique". Many cases presented no proper evidence of guilt, circumstancial evidence only. Convictions were made based on false,perjured,fabricated evidence in many cases. Prosecution misconduct is a leading and reoccurring nightmare, along with improper, "lost" and or tempered forensic evidence. Let's not forget perjured,false, coerced testimony.
What needs to change & be clearly redefine is the attitude/frame of mind and role of prosecutors, that a conviction should not be made just for the sake to "insure" and score a conviction.
What presently perspires is that prosecutorial work is based on finalty over fairness.
Couple of months ago, Bob Barr came to the sad realisation that his wording on the passed "terrorist" law has been of a lethal consequence in the Troy Davis case. B.Barr jumped into Troy' wagon saying: That's not what I meant, my intent has been misinterpreted"
OOPS!
Posted by Michele Queyroy on 09/10/2009 @ 12:07PM PT
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As someone who has supported the Constitutionality of the death penalty, I have come to believe that it simply has no place in our society.
One wrongly-executed individual is enough to create a reasonable doubt of it's validity. It is clearly not a necessity. And it cannot even be justified on the most reprehensible grounds; that it saves money.
This is one conservative that believes the death penalty should be tossed out wholesale.
Posted by James Dunham on 09/14/2009 @ 09:02AM PT
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James,
I'm glad that you changed your mind regarding the "death penalty," which is just legalized, premeditated murder. Besides the possibility that we might execute an innocent person, it lowers us to the level of the "criminals" that we're supposed to be rehabilitating/punishing, and makes us all complicit.
I may be a liberal/radical, but I believe in having an open mind regarding any of these discussions, or else what's the point of having a discussion? And, I have changed my mind many times when confronted with evidence that there is a more logical viewpoint regarding a matter than the one I hold.
Life is about constantly learning and evolving and each of us doing the best that we can with what we have, with plenty of time off to "smell the roses" and appreciate what you have while sharing with others.
Posted by Andrew Heugel on 09/14/2009 @ 01:45PM PT
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...in reference to M. Schmanke's post of 07 September 2009 at 1410, please note....it would seem that if someone whom you personally knew was violated and was eviscerated through an act of homicide, one would want to focus on celebrating and on sanctifiying the legacy of that splendid human being not through the destruction of an additional existence but rather through a focus on how one could in time not given to the deceased honour through deeds and through words his or her memory....
...capital punishment is not about what someone else arguably does or does not deserve but is rather about the quality of life each of us owes to ourselves - that is, whether or not we wish to become accessories and accomplices to someone else's murder and whether or not we wish to collaborate and to collude in someone else's death....
...as currently in the United States practiced, capital punishment is a poorly camouflaged system of homicide for hire - that is, we remunerate a cluster of individuals to do what we ourselves would most likely be reluctant to do....if alternatives did not exist, this approach to egregious violence might be rationalizable....alternatives do, however, exist - that is, people culpable of socially offensive behaviours can be confined and can be contained in a manner which is simultaneously respectful of communal aspirations both for justice and for safety....we can eschew violence by characterizing it as a substitute for thinking....capital punishment involves acts of violence....
...let us stop...let us think....in peace....
Posted by K. Bandell on 09/14/2009 @ 06:38PM PT
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K. I wholeheartedly agree with the sentiment to forgive and relish the sanctity of life, however, my familiarity with the criminal justice system, "capital punishment is a poorly camouflaged system of homicide for hire" I, personally, would abolish capital punishment and perform the last rights myself, IF, and only IF I was CERTAIN the person charged was guilty. That may make me a barbarian in your eyes, or society's eyes and I do not claim that it is right, nor a socially acceptable behavior, it is only what I would do.
The alternatives to capital punishment...our present day prison system, is far to expensive and fraught with numerous profiteers, in addition to the fact that our system rewards the prosecutors, cops, and judges for conviction rates, fabricated evidence and innocence be damned. That is unacceptable to any thinking society.
One of my uncles was killed by a contract killer and the killer served less than 10 years in prison. His entire family was devastated by this atrocity, as are all family's of homicide victims. The son, my cousin and best friend, who found his dad murdered in their house as a child, drank himself to death a few years ago, leaving his 2 children without a dad. The devastating trail of misery caused by this mans actions to an entire family is ill served by a justice system that is operated, designed, and applauded for its "numbers".
When our system then executes an innocent person, like Cameron, ALL of society is affected. Unless and until we can be sure that we are funding a prison system that ONLY punishes the guilty, then all "state sanctioned" death's should be abolished.
Unfortunately, we cannot rely on these alternatives you suggest to be administered by a society that rely's on "numbers" as a reward system, because, like in Cameron's case, no one was listening or paying attention to the facts, they were intent on bloodlust and killed an innocent man. "People culpable of socially offensive behaviours can be confined and can be contained in a manner which is simultaneously respectful of communal aspirations both for justice and for safety."? Our prison system confines more than a million of our brother's and sisters for socially unacceptable behavior, using drugs.
That is NOT a communal justice or safety net, that is a government funded economy that thrives on our failure, as a society, to rationally think and deal with the drug problem in this country. When a system runs amok, like ours has, it is time for change.
Posted by mark schmanke on 09/15/2009 @ 01:12AM PT
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From the Libertarian blog site, lewrockwell.com
America’s Injustice System Is Criminal
by Paul Craig Roberts
The United States has a large number of wrongfully convicted. There are many reasons for this. One is that the US has the largest percentage of its citizens imprisoned of all countries in the world, including China. One of every 32 US adults is behind bars, on probation or on parole. Given a wrongful conviction rate, the larger the percentage of citizens in jails, the greater the number of wrongfully convicted.
According to the International Center for Prison Studies at King’s College in London, the US has 700,000 more of its citizens incarcerated than China, a country with a population four to five times larger than that of the US, and 1,330,000 more people in prison than crime-ridden Russia. The US has 5% of the world’s population and 25% of the world’s prisoners. The American incarceration rate is seven times higher than that of European countries. Either America is the land of criminals, or something is seriously wrong with the criminal justice (sic) system in "the land of the free."
In the US the wrongful conviction rate is extremely high. One reason is that hardly any of the convicted have had a jury trial. No peers have heard the evidence against them and found them guilty. In the US criminal justice (sic) system, more than 95% of all felony cases are settled with a plea bargain.
Before jumping to the conclusion that an innocent person would not admit guilt, be aware of how the process works. Any defendant who stands trial faces more severe penalties if found guilty than if he agrees to a plea bargain. Prosecutors don’t like trials because they are time consuming and a lot of work. To discourage trials, prosecutors offer defendants reduced charges and lighter sentences than would result from a jury conviction. In the event a defendant insists upon his innocence, prosecutors pile on charges until the defendant’s lawyer and family convince the defendant that a jury is likely to give the prosecutor a conviction on at least one of the many charges and that the penalty will be greater than a negotiated plea.
The criminal justice (sic) system today consists of a process whereby a defendant is coerced into admitting to a crime in order to escape more severe punishment for maintaining his innocence. Many of the crimes for which people are imprisoned never occurred. They are made up crimes created by the process of negotiation to close a case.
This takes most of the work out of the system and, thereby, suits police, prosecutors, and judges to a tee. Police do not have to be careful about evidence, because they know that no more than one case out of twenty will ever be tested in the courtroom.
Prosecutors do not have to make decisions about which cases to prosecute or risk losing cases. By coercing pleas, prosecutors can prosecute every case and boast of extremely high conviction rates.
When prosecutors had to decide which cases to prosecute, they had to examine the evidence and to investigate the defendant’s side of the story. No more. The evidence seldom comes into play. In place of a determination of innocence or guilt, prosecutors negotiate with lawyers the crimes to which a defendant will enter a plea.
Prosecutors have lost sight of innocence and guilt. What we have today is a conveyor belt that convicts almost everyone who is charged. Every defense attorney knows that today prosecutors can purchase testimony against a defendant by paying a "witness" with money, dropped charges, or reduced time to testify against the defendant. Many prosecutors become highly annoyed at any disruption of the plea bargain conviction process. A defendant that incurs the prosecutor’s ire is certain to be framed on far more serious charges than a negotiated plea.
Going to trial is no guarantee that an innocent person will be acquitted. Prosecutors routinely withhold exculpatory evidence and suborn perjury. Generally, jurors trust prosecutors and are unaware of their inventory of dirty tricks. Few jurors can tell the difference between bogus evidence and real evidence. For example, psychologists and criminologists have established beyond all doubt that eye-witnesses are wrong 50% of the time. Yet, jurors usually believe eye-witnesses unless they think the witness has it in for the defendant and is lying.
Prosecutors – and there are still a few – who are meticulous about their cases and fair to defendants show poor results compared to the high convictions attained by prosecutors who run plea bargain mills and frame-up factories. Today’s criminal justice (sic) system is results orientated, not justice orientated.
In the past judges could give light sentences to people they believed had been wrongfully convicted. But "law and order conservatives" have taken sentencing discretion away from judges. Today prosecutors hold all the cards.
Many conservatives believe that prisons are full of hardened criminals who liberal judges are determined to release to prey upon society. In truth, the largest percentage of prisoners are drug users who are victims of the conservatives’ "war on drugs." Drug offenses account for 49 percent of federal prison population growth between 1995 and 2003. Many of these prisoners are mothers arrested for drug use. The greatest victims of the drug laws are the children whose mothers are incarcerated.
As females become sexually active at younger and younger ages, state legislatures have stupidly raised the age at which it is legal to engage in sexual activity. Today, a significant percentage of new prisoners are young men imprisoned for engaging in sexual activity with teenage girls. In the US, criminal justice (sic) has more to do with ruining people than with punishing criminals.
I have written often about wrongful convictions. We know that wrongful conviction is a serious problem when the advent of DNA evidence has led to the release of a significant number of innocent people who were convicted of murderer and rape, and when a number of law schools feel that it is necessary for them to operate innocence projects that work for the release of the wrongfully convicted.
Prosecutors are like President Bush. They absolutely refuse to admit that they ever make a mistake and have to be forced to disgorge their innocent victims. Nothing makes a prosecutor more angry than to have to give back a wrongfully convicted person’s life.
Lt. William Strong and Christophe Gaynor are two of the hundreds of thousands of wrongfully convicted Americans whose lives have been ruined by an irresponsible and corrupt criminal justice (sic) system.
In Virginia, Lt. William Strong, the son of a military family, grew tired of his wife’s unfaithfulness and filed for divorce. The unfaithful wife retaliated by accusing Strong of marital rape. Neither police nor prosecutor investigated the charge. Instead, they proceeded to set Strong up for plea conviction. The arresting officer recommended Strong’s attorney, an incompetent who owed his cases to the police.
Strong insisted on a trial, but the arresting officer and attorney convinced Strong’s parents that with a plea their son would be out in a year. No one told Strong or his parents the implications of a plea, and Virginia Judge Westbrook Parker, playing to feminist voters, gave Strong a life sentence of 60 years.
The case has many unsavory appearances. If reports are true, the arresting officer paid numerous visits to Strong’s unfaithful wife, as did Strong’s attorney, and the arresting officer ended up separating from his wife and leaving the police force.
The perk kit exists and Strong could be given a DNA test, but Virginia refuses on the grounds that Strong admitted his guilt. Strong says the semen, if any, is that of the wife’s boyfriend.
Strong has been in prison for 15 years on the basis of zero evidence. He is in prison because he and his parents trusted the police officer and the criminal justice (sic) system.
Another Virginia case is that of Christophe Gaynor. Gaynor was the coach of an adolescent skate board team, which he took to New York City for a competition. One of the adolescents expressed his intention to buy drugs. Gaynor forbade it and threatened to report the boy to his parents.
The irresponsible kid retaliated by accusing Gaynor of sex abuse. There was no evidence. There was no investigation. Gaynor had never displayed any homosexual tendencies. The entire team knew the accusation was false. Gaynor went to trial. He was framed by the prosecutor with the help of the judge, who intimidated Gaynor’s witnesses by incarcerating one of the kids overnight without cause. Gaynor was sentenced to 32 years with no possibility of parole on the basis of no evidence, just an unproven accusation. His trial was full of irregularities, and the same judge who sentenced him denied Gaynor a new trial.
Ten years later, this past summer Noah J. Seidenberg, who brought the unproven accusation against Gaynor, died apparently of drug overdose at the age of 24 years.
There is no institution in America that is a greater failure than the criminal justice (sic) system. The system can do nothing but fail, because the search for truth and justice plays no part in the system. The prosecutor’s career depends on his conviction rate, not on discovering the guilt or innocence of the accused.
Virginia’s governor could pardon Strong and Gaynor. But feminists and "child advocates" would scream and yell, as would prosecutors and "law and order conservatives." Nothing matters to these groups but their own single-issue, and justice is not part of it. In America justice cannot be done unless a governor is prepared to sacrifice his own political career in the interest of justice.
What kind of people are we when we exercise no oversight over a criminal justice (sic) system that destroys the lives of innocent people with lies?
Posted by patricia w on 09/15/2009 @ 10:19PM PT
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Patricia, you should know better than to tipsy toe around statistics like that ... to include persons on probation with those in prison is to mix apples with oranges. Persons on probation are persons who did NOT go to prison because of many reasons, including the leniency of tha court. To use sticky-tistics like those does a disservice to your own argument. I do not know the actual stats, but from having been in the business, I know that there are thousands on probation for every one in prison and to lump them together with the thugs does no justice at all and just gives ammunition to the 'hang 'em high' crowd who want to use stats like that to say that those who want true justice are falsifying statistics to get crimiinals out of jail and on the street. Please keep your apples in one basket and your oranges in another ... kindly.
Posted by John Speight on 09/15/2009 @ 10:34PM PT
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John,
Patricia merely copied and pasted an article and those on probation are still serving sentences in the criminal "justice" system, albeit not in prison or jail, unless they violate the conditions of their probation. Furthermore, while the statistics in the article may be slightly off, your statement that "there are thousands on probation for every one in prison" is not remotely close to the real statistic.
According to the Bureau of Justice Statistics 2,310,984 persons were in state or federal prisons or in local jails on June 30, 2008. If we multiply this number by just one thousand, it is a larger number than the entire population of China.
By the way, I couldn't help but notice the similarity between our allegedly having 25% of the planet's prisoners to our consuming approximately 25% of the world's oil and causing about 25% of the planet's pollution. What an effluent society we are!
Posted by Andrew Heugel on 09/15/2009 @ 10:59PM PT
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Mea Culpa. Here are the actual stats per the Department of Justice.
On June 30, 2008 —
– 2,310,984 prisoners were held in federal or state prisons or in local jails – an increase of 0.8% from yearend 2007, less than the average annual growth of 2.4% from 2000-2007.
(comment: there is a major difference between 'prison' and 'jail'. Aentences for prison ar usually >one year and jail can be from 1 day to <1year.)
– 1,540,805 sentenced prisoners were under state or federal jurisdiction. (Comment: this is a 'prison' stat.)
– there were an estimated 509 sentenced prisoners per 100,000 U.S. residents – up from 506 at yearend 2007. (Comment: this is 5/1000 or 1/200. significantly less that 1/32.)
– the number of women under the jurisdiction of state or federal prison authorities increased 1.2% from yearend 2007, reaching 115,779, and the number of men rose 0.7%, totaling 1,494,805.
At midyear 2008, there were 4,777 black male inmates per 100,000 black males held in state and federal prisons and local jails, compared to 1,760 Hispanic male inmates per 100,000 Hispanic males and 727 white male inmates per 100,000 white males.
Probationers include adult offenders whom courts place on community supervision generally in lieu of incarceration.
Parolees include those adults conditionally released to community supervision whether by parole board decision or by mandatory conditional release after serving a prison term. They are subject to being returned to jail or prison for rule violations or other offenses.
At yearend 2007, over 5.1 million adult men and women were supervised in the community, either on probation or parole. More than 8 in 10 were on probation (4,293,163), while less than 2 in 10 were on parole (824,365). About 1 in every 45 adults in the U.S. was supervised in the community, either on probation or parole, at yearend 2007.The total community supervision population grew by 103,100 offenders during 2007. While the parole population (up 3.2%) increased at a faster pace than the probation population (up 1.8%) during the year, probation accounted for three-quarters (77,800) of the growth in the number of offenders under community supervision.
Posted by John Speight on 09/16/2009 @ 12:17AM PT
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The bottom line is that there are far too many people who are wards of the criminal "justice" system in the U.S. and we need to look for ways to get these numbers down.
One is by more early interventions in the schools and communities, so that each person has a path toward being a productive member of society.
But, this means that we must replace the American ethic of greed and excess with building community, embracing diversity and leading sustainable lifestyles.
The adversarial style of our "justice" system must go and prosecutors shouldn't be rated on conviction rates. There is also something wrong with a plea bargaining system where people plead guilty to crimes they didn't commit out of fear of being given greater sentences if they go to trial and perhaps the way that defense attorneys get compensated needs to be changed so that they truly represent their clients instead of making a quick buck and then sending their clients "up the river." Also, the current system of using "informants" needs to be scrutinized and revised.
Drugs, prostitution and gambling should be regulated and taxed, rather than be criminal offenses. Most of these laws are rooted in the prohibitionist philosophies of some religious sects. Prohibition is now recognized as a failure regarding alcohol and these other prohibitions should be recognized as such. Laws should be based on improving the community and promoting maximum freedom, not "morality" taken from some religious text.
Capital punishment (i.e. legalized murder) must be abolished.
Incoming prisoners should be assessed to see if they have a developmental, physical or psychiatric disability, so that they can receive the needed help.
More meaningful educational and vocational programs need to be in place in our prisons and to some degree in our jails to minimize recidivism. The social worker aspect of the parole and probation officer job description needs to be developed more.
Prisons and jails need to provide greater access to the community so non-profit organizations can do more to develop the skills and community resources of the prisoners.
The vast majority of prisoners are ordinary people who got caught doing something wrong and who often lack money, education, job skills and positive family and community contacts. The current system has decimated many minority communities due to unequal "justice." We need to develop a system that rebuilds people one by one and their communities and families with them.
But, we must understand that the police, correction officers, lawyers, politicians and associated businesses all profit off of this part of our military-industrial-prison complex and be prepared for a long battle against those who wish to profit off of human misery.
Posted by Andrew Heugel on 09/17/2009 @ 01:42AM PT
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WOW, Andrew
You should run for office!
You brought up more than one very interesting point.
Prostitution: Under false pretent of morality, prostitution is illegal and punishable by jail.
Taking for example Las Vegas NV, the police is putting a serious effort to crack down on teen prostitution. My answer to that is: If prostitution is legalized, controlled and taxed, it is guaranteed that all "peripateticians" will become very territorial and naturally will kick the teens out of their turf, work with local enforcement to denounce pretadors and much more. It has been proven in Europe, especially France, that the "Ladies" have a role and place within communities. Rape rate went down, control of STD, and they are known to often come to the rescue of an helpless one! Being legalized and "respected" they become an asset.
Assessement of psychological abilities etc, should also be apply to ALL prison's staff.
This is in reference to the latest "horror" story of Jonathan Ramirez, 19 years, who recently committed suicide in a TX jail because a "jackass" guard told the kid waiting for his release..."You're not going home!" Jonathan lost it and hanged himself in his cell.
The guard was.... quietly fired and the story buried!
Keep up the great work :)))
Posted by Michele Queyroy on 09/17/2009 @ 10:12AM PT
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Andrew, your comments are a blueprint for a sustainable and JUST criminal justice system. As you eloquently state: " we must understand that the police, correction officers, lawyers, politicians and associated businesses all profit off of this part of our military-industrial-prison complex and be prepared for a long battle against those who wish to profit off of human misery." Unless, and until, the people of this country understand that this entire "prison industrial complex" is only sustained through the continuous imprisonment of the less fortunate in our society (guilty of bad judgement or poor lawyering) and that our tax dollars are going to fund the prison corporations and prison oriented labor unions, of this country, there will be no change. Billions of dollars are spent imprisoning our nation's youth in cages designed and run like zoo's.
We, as a nation, are not animals, and society needs to awaken to the fact that these costs are unreasonable and unacceptable, and that those prisoners are getting released back into society someday. Without education and training of those imprisoned, we create nothing, treating humans like animals is condemning the future of our society.
Posted by mark schmanke on 09/17/2009 @ 02:36AM PT
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Mark,
You are so right!
The "industry" is so much about money that AZ just sold, behind closed doors, its prisons! AZ will make sure that no one is being released as body count is needed to assure/insure profit to the new owners.
One of the biggest profiteers of the current system is phone company overcharging prisoners for their calls. Imagine paying between $5 to 12 a minute!
No wonder corruption is set within prisons!
Posted by Michele Queyroy on 09/17/2009 @ 10:31AM PT
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Mark and Andrew,
I can tell you are good men, good people. And your understanding of this terrible problem is something that makes me respect and like you. I wish that there were more of you. Behind these statistics is so much pain. We either always have been and I just didn't know it or have become a very vindictive society. No wonder there's such anger and danger here. I thought "Bowling for Columbine" did something important by demonstrating the huge differences between the violence levels here compared to Canada and Europe. As a psychotherapist, the U.S. often seems like a bad-tempered adolescent that is refusing to grow up. I hope I get to see more maturity in the future now that we actually have a moral, rational president. But, I know he can't fix us by himself. And watching the healthcare "debates" and the incredible ignorance on the political right, real change doesn't look like it can happen anytime soon. I'm 69 in a few days and in recent years got into the reform sex offender laws fight. http://www.reformsexoffenderlaws.org/
I only hope I live to see these outrageous laws changed. The mad hysteria about these brought about by a few high profile cases have ruined so many lives and put so many non dangerous people, especially not dangerous to children on THE LIST for all to see and shame and even with vigilante consequences, it is unreal. I feel like I'm living in Salem. People in prison for looking at (virtual crime) a nude adolescent, i.e. child porn) or for soliciting an adolescent prostitute who lied about her age or for urinating in public or walking around their own house nude because of drinking or for being falsely accused (so many of these people would just not believe....esp. in divorce cases, but in my family a child who was encouraged by two adults to lie, finally admits this but my own mentally ill son still on the registry..and after spending almost $70,000.in legal fees).
SEX-OFFENDERS are the most popular criminal craze yet. It sells like candy, chocolate candy. All sex offenders are the same. NO PROPORTION at all. Overreaction, hysteria, a frenzied mad fest for all the non-thinking, angry nutjobs amongst us.
Posted by patricia w on 09/17/2009 @ 07:17AM PT
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Patricia,
I truly hope you see your wish come true!
The hypocrisy and bigotry under cover with cases of alleged sex-offenders is sadly laughable. Accidental contacts have sent hundreds if not thousands to jail with outrageous sentencing! Some of the "sex" sentencing have been harsher than for a murder conviction. Where is the logic and common sense?
If such abuses are not stopped, maybe one day, given natural birth will become a sex-offense!
Don't give up.
Posted by Michele Queyroy on 09/17/2009 @ 10:56AM PT
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thank you Michele. I really appreciate your comment. I hope you will join us at RSOL http://www.reformsexoffenderlaws.org/
We need all the help we can get. I read that in some states someone who is just looking at a picture of a teenage boy with an erect penis can get a longer prison sentence than a murderer. What is happening in this country? And why are so many people buying into the craziness? It is truly frightening. patricia w
Posted by patricia w on 09/17/2009 @ 11:35AM PT
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Patricia,
My heart goes out to you regarding your wrongly convicted son, especially as his mental illness exacerbates this situation. And, you're absolutely right about this country being like Salem regarding sex offenders. People are guilty almost as soon as they are accused and then with the registry, they get to wear the Scarlet S, just as Heather had to wear the Scarlet A in "The Scarlet Letter."
Another thing that's a shame is that there is virtually no research into treatment for sex offenders, or attempts to try to understand why they behave in the ways that they do. As a social services professional, I feel that all forms of mental illness need to receive the needed funding to research either cures or symptom management strategies for each and every population, including all types of sex offenders.
It seems to be all too easy to put these individuals on registries and then cast them out into the darkness where they have an increasingly difficult time finding either housing or meaningful employment and are socially ostracized. Part of any enlightened community should be to move beyond our cultural and religious prejudices and do the needed research to develop the means for these individuals to eventually be able to rejoin the mainstream.
I know that this is a daunting task, as the field of sexual deviance is very poorly understood. But, every minute we spend persecuting these people while not looking for solutions is time lost and further evidence that we have a ways to go before we can call ourselves civilized and compassionate.
Posted by Andrew Heugel on 09/17/2009 @ 01:46PM PT
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Thanks everyone for all of the thoughtful comments and stories. I posted again on this case today, if you're following this case you must watch this Nightline video: http://criminaljustice.change.org/blog/view/the_devil_made_him_do_it
You won't believe what the prosecutor comes up with.
Posted by Matt Kelley on 09/18/2009 @ 04:12PM PT
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Sign the petition to Governor Rick Perry and the State of Texas to acknowledge that the fire in the Cameron Todd Willingham case was not arson, therefore no crime was committed and on February 17, 2004, Texas executed an innocent man
We plan to deliver the petition signatures to Perry at his office during the 10th Annual March to Abolish the Death Penalty on October 24 in Austin.
Posted by Texas Moratorium Network on 09/18/2009 @ 04:19PM PT
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He may have been into metal rock. No doubt in my miind that he loved those kids. I believe and feel that his journal was his true confession to himself and to the world. Yes he had wife beating abuse issues and that was not good. Death row should be for a persons like Ted Bundy, Jeffrey D., and Mr. G as they are finding out about murders of prostitutes as we speak. When DNA is on the victims body parts etc plus many other factors that they know about. What would need to be in question about. I agree this should not have happened to Cameron in this case. Make not mistake about it Satan worship can make you do stuff that your not aware under possession where you will not remember. Leathal injection is nasty and hard on the executioners and they have to live with hauting images. They could put them under anesthetics or gas for committing horrific crimes instead of using lethal injections as they have tried 18 times to Killed a man on death role. Unsuccessfully able to do this due to not finding a good vein. It is a failure for everything all the way around. God does forgive and one still has to pay restitution and we know a Ted Bundy type would have never been able to return to society. We have got to protect ourselves plus the streets and and the wrongfully accused too.
Peace !
Posted by Joyce Smith on 09/19/2009 @ 03:34PM PT
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I don't know that there is a "humane" way to execute a person. However, in the attempt to be humane and avoid "cruel and unusual punishment" often physicians have been called upon to administer the lethal injection, something that violates the Hippocratic Oath and their code of ethics.
I can't imagine any form of execution that is either civilized or humane, regardless of the crime of the person being executed, or the degree of certainty that the person being executed committed that heinous crime.
Posted by Andrew Heugel on 09/19/2009 @ 04:10PM PT
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Actually, hanging is about as humane as it gets. Choke off the carotid arteries and break the neck at the same time and it's instant lights out.
Posted by John Speight on 09/19/2009 @ 06:00PM PT
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Actually, hanging is about as humane as it gets. Choke off the carotid arteries and break the neck at the same time and it's instant lights out.
Posted by John Speight on 09/19/2009 @ 06:00PM PT
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http://www.thepetitionsite.com/1/stop-texas-executions
lets send a message to gevernor perry about this. lets make them stop all texas executions and force them to retest all evidence dating back from 1980 until now on death row inmates.
Posted by mstrss drknss on 10/26/2009 @ 10:23AM PT
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