Dec. 14


USA:

Tookie is dead. Time to dump the duct tape.


Whew! I have waited for 24 years to feel this safe.

I lost a neighbor in the rubble of Sept. 11, 2001. I crossed my fingers as
my teenage daughter starting driving. I held my breath as reckless drivers
sped down my suburban street, oblivious to my 7-year-old playing with her
friends. I struggled to stay calm through each of the warnings about the
dangers of a high-fat diet.

And I waited for society to do something, anything, to make me less
anxious, less impotent, less a victim of mysterious forces I could not
control. When they suggested duct tape, I bought duct tape. When Brinks
had a special introductory offer for its monthly alarm system, I happily
paid the tab.

But nothing seemed to work. The horrors mounted with relentless ferocity:
global warming, failing schools, international terrorism, the scourge of
HIV/AIDS, a looming Avian flu pandemic, drive-by shootings, poverty and
hunger in an urban neighborhood just 20 minutes from my suburban fortress.
There were days when this college professor felt like Charles Bronson in
waiting, holding back just this far from an uncontrolled outburst of
protective vengeance.

Now, it seems the impossible has occurred. After all these years, I can
sleep easy, unlock my windows, and wish my family a nice day with a fairly
reliable sense that we will all sit around the dinner table unscathed. Our
national jitters are over. The machinery of social control is up and
running.

I will finally have peace, or at least a few moments of it, knowing that
my family and I are safe.

Stanley "Tookie" Williams is dead.

I am safe. We are all safe. Unbolt the doors and turn off the alarms.
Society got off its duff.

Just when I thought the world was spiraling out of control, Just when I
thought we were condemned to live with an almost limitless supply of evil,
hope for the future has presented itself in the execution of Stanley
Williams.

Who can I thank for this new-found sense of inner peace? The California
penal code that enabled his death sentence? The appellate courts that
upheld the sentence? Gov. Arnold Schwarzenegger who terminated my torment
of fear and worry by not caving to humanitarian pressure? They can all
take a share of responsibility for ridding the country, perhaps the world,
of its most lethal and pervasive threat. They have earned my gratitude.

I think tonight when everyone is asleep, I'll sneak down to the basement
and throw away the duct tape and all those useless flashlights. I'll
e-mail Brinks to turn off the service. I might even let my daughter know
that it'd be OK if she drank a couple of beers before driving home from
her next social outing.

After all, Stanley is dead.

We are safe at last, safe at last, safe at last.

Don't you all feel safe at last?

(source: Chicago Tribune - Steven M. Gorelick, professor of media studies
and journalism at Hunter College of the City University of New York)

*******************

Capital punishment is a crime against society


The state of California killed more than 1 man yesterday when it executed
Stanley "Tookie" Williams, co-founder of the Crips, a violent street gang.

The Williams who was put to death by lethal injection is not the same
angry street tough convicted of brutally killing four people 26 years ago.
In the opinion of people who knew him, other than those who were actively
seeking his death out of an antiquated notion of justice, Williams was
rehabilitated.

He had devoted his life to ending gang violence, a scourge that has ripped
through urban America and cities elsewhere where young disenfranchised
boys and men find family and meaning in groups based around turf and
crime. In an interview 2 weeks before his death with a New York Times
reporter, Williams talked about what a horrible, wretched person he once
was.

Then he said: "People forget that redemption is tailor-made for the
wretched."

>From prison, Williams reached out to young people by co-authoring a series
of children's books that warn of the evils of gangs and the gangster way
of life. How much good those books have done was a point of contention
between the prosecution and the defense, but the police and gang leaders
give Williams credit for helping to bring about truces between rivals.
Thousands of letters and e-mails from children credited his books and the
movie made about his life with turning them away from violence.

By killing Williams, California put an end to its famous convict's good
works. Because he's dead, it's likely that one or more young people who
might have embraced his message will instead die on a street corner over
an insult or a few dollars or for wearing the wrong color scarf.

Despite a recommendation for clemency from a panel of three federal judges
who cited Williams's anti-gang efforts, California Gov. Arnold
Schwarzenegger refused to convert his sentence to life in prison without
parole or even to grant a 60-day reprieve to allow his lawyers to
introduce new evidence.

Schwarzenegger's words were Olympian and chilling. "Is Williams's
redemption complete and sincere, or is it just a hollow promise," wrote
the governor whose most famous role as an actor was that of The
Terminator.

Like many convicts, Williams claimed to be innocent.

No court found his denials convincing, but the system does make mistakes.
It appears from Schwarzenegger's statement that Williams died not because
he did the crimes but because he refused to admit his guilt. Integrity and
his faith, Williams said, would not allow him to confess to a crime he did
not commit, even if doing so might save his life.

"Without an apology and atonement . . . there can be no redemption,"
Schwarzenegger wrote.

He's wrong. Real redemption is not accomplished with words but with deeds,
as Sister Helen Prejean argues. She is the author of Dead Man Walking, a
strong indictment of capital punishment. By Prejean's standard, Williams
had not only redeemed himself but also led others to redemption.

The death penalty is always wrong. It cheapens life and cheapens society.
Every modern nation save the United States and South Africa has banned it.

The death penalty is also counterproductive. The best protection against
violence does not come from laws or the police. Rather it comes with the
creation of a culture that makes murder taboo. America will never turn
away from its glorification of violence and create such a culture as long
as the state, in the name of justice, kills people.

(source: Editorial, The Concord (N.H.) Monitor)

************

Executing the possibly innocent


In an exclusive interview with investigative reporter Jasmyne Cannick and
myself, Stanley "Tookie" Williams vehemently denied that he committed the
four murders for which he was sentenced to death row. Though he did not
say it, the presumption is that, if the state killed him, it would have
killed an innocent man. There was no smoking gun proof that he was
innocent beyond a reasonable doubt - but the case against him was based on
scant physical evidence, the testimony of crime prone jailhouse
informants, and his fearsome reputation as street thug, doper and the
co-founder of the notorious Crips gang. The tenuous evidence was shaky
enough that two California Supreme Court justices, a handful of dissenting
judges on the Ninth Circuit Court of Appeals, and his new legal team
demanded a second look at his conviction.

But Mr. Williams is hardly the 1st case in which doubts have been raised
whether a possibly innocent person has been executed. Amnesty
International, Human Rights Watch and a scattering of federal appeals
judges have voiced those doubts about whether some innocent persons have
been executed since capital punishment was reinstated in 1976. A team of
university researchers has fingered more than 2 dozen cases in which men
have been executed that may have been innocent.

In every case, there have been deeply troubling similarities. The
Innocence Project has noted that overzealous and untruthful prosecutors
have suppressed, fabricated and destroyed evidence, employed lying
jailhouse snitches and untruthful witnesses. Many of the cases have been
riddled with racial bias. The condemned killer was Black or Latino and
their alleged victim was White. When defense attorneys appeal these
tainted convictions, the courts almost always dismiss their appeals on the
grounds that the prosecutor committed "harmless errors" that didnt affect
the outcome of the case.

The Texas execution of Ruben Cantu in 1993 for a murder he allegedly
committed as a teen was a near textbook example of how a possibly innocent
man can be executed. The case had all the slipshod legal ingredientsa
jailhouse informants testimony, a dubious witness, a threadbare defense
and sloppy police investigation. It took a decade to get the truth out,
but Mr. Cantu was declared probably innocent when the surviving victim
recanted his identification and an inmate involved in the killing signed a
confession that Mr. Cantu did not commit the crime.

In Mr. Cantus case, and the cases of the other possibly innocent condemned
men executed, state and federal appeals courts routinely rejected their
appeals.

But some judges publicly and privately expressed doubts, not about the
actual innocence of the men, but whether prosecutors and courts followed
proper legal procedures and the defendants got a fair trial. Their doubts
were not enough for them to overturn their convictions or stay their
executions. In every doubtful case, prosecutors hotly denied that any of
the men executed were innocent.

Despite the questionable executions, no prosecutor or government official
has ever officially said that an innocent prisoner has been executed. But
some officials and judges have strongly hinted and warned that it could
happen. In 1997, the chair of the House Judiciary Committee praised the
system of legal checks and balances in place to insure that the rights of
condemned killers are fully protected, but admitted that there was no
ironclad guarantee that an innocent person could not be put to death.

In 2000, Boston federal appeals court Judge Mark Wolf, in a case involving
a Massachusetts man charged with multiple murders, sent a shock wave
through the federal judiciary when he flatly said that there was strong
evidence that some innocent persons may have been executed. He did not
name the names of those who he thought may been innocent, but pointed to
the dozens of men that have been freed from death row based on DNA tests,
the recanting of damning testimony by witness and jailhouse informants,
and other evidence. The Justice Department stuck to its guns and insisted
that it went strictly by the legal book to insure the fair and consistent
application of the death penalty, and there were no slip-ups in that an
innocent man could or had been executed, at least by the feds. The refusal
of government officials and prosecutors to at least admit the possibility
that an innocent person could be executed in the United States stands in
stark contrast to Britain, Russia and other countries that have owned up
to the execution of innocents.

The frank admission by other countries that innocents have been legally
killed, and the frank denial by prosecutors in the U.S. that innocents
could or have been executed here will have no bearing on Williams fate.

Although Schwarzenegger refused clemency, and Tookie has been executed, it
will not alter the official record that he did the crimes, and that courts
and prosecutors fully followed all legal and constitutional procedures.
But the doubt about his innocence or guilt will linger on. It has for the
two dozen others that have been executed that were possibly innocent.

(source: The FinalCall - Earl Ofari Hutchinson is an author and political
analyst)






TENNESSEE:

Sheriff wonders if execution will happen


As the state Supreme Court cleared the way Tuesday for the execution of a
Shelbyville woman's confessed killer, Bedford County's sheriff asks if it
will ever happen.

"If he gets executed, he gets exactly what he deserves," Sheriff Clay
Parker said Thursday afternoon of Gregory Thompson, 43, who's scheduled to
die Feb. 7 for the murder of Brenda Blanton Lane. "But will it happen? Who
knows?"

Thompson and his girlfriend abducted Blanton to get a car so they could
drive to Marietta, Ga. They drove from a shopping center parking lot
across the street from the police station and stopped in Coffee County
where Blanton was stabbed with a rusty knife.

"I was a deputy at the time, working here," Parker said. "I helped do some
things" connected with the 1985 murder investigation.

Legal sparring over Thompson's case took on a new dimension after the U.S.
Supreme Court said the state could set a new execution date. New
information on his sanity was presented with clams that he's not competent
to be executed. The state says Tennessee only requires that the condemned
know that they're to be executed and why. The state Supreme Court
yesterday sided with the state Attorney General's office.

Parker is a student at the Nashville School of Law and noted such legal
sparring "always happens" in death penalty cases.

"There are appeals from here to there and that's why prosecutors might let
someone plead to a case," Parker said.

He mentioned no specific case, however District Attorney Mike McCown had
placed all three options to Jason Christopher Underwood, 23, who's charged
with the Oct. 24, 2004, stabbing deaths of Anthony Baltimore and Rebecca
Ray, both 19, in their home.

Death, life with no chance of parole and life in jail with some chance of
parole were the options McCown listed for prosecutors' request to a jury
in Underwood case. On July 28, Assistant District Attorney Ann Filer filed
notice that life in prison without chance of parole is the maximum
sentence the state will ask from a jury in Underwood case. He's in jail on
$2 million bond.

"It costs a tremendous amount of money to prosecute a death penalty case,"
Parker said. "Transcripts cost $30,000 to $50,000."

It's "astronomical," Parker said, noting "judicial economy" may result
from a sentence of life without the chance of parole.

"And then it stops and it's not in the courts for the next 20 years,"
Parker said.

New Year's Day 2006 will be the 21st anniversary of Lane's murder.

"A lot of people don't understand why a prosecutor might not go for the
death penalty," the sheriff said. "It takes forever to execute someone --
20-30 years of litigation.

"Is it worth saying 'We're going to give you the death penalty, but you're
really going to die of old age in prison,'" Parker asked.

"I know how the system works and know that there's always someone filing
last minute papers.

"There needs to be an end, but the practical effect is that nobody knows.

"If a jury of his peers decided he deserves to die, who am I to argue?

"He's certainly deserving of his fate," the sheriff said.

"Maybe it will happen. Who knows? But I know there is always some group
willing to file an appeal."

(source: Shelbyville Times-Gazette)



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