Sept. 8
MINNESOTA:
We Need the Death Penalty for Jacob Wetterling's Killer
Few things bring a community together like tragedy. It's a sad aspect of the
human condition. We tend to ignore each other until a moment when our essential
sameness manifests. Minnesotans find themselves in such a moment, having
recently learned chilling answers to long held questions in the Jacob
Wetterling case.
Wetterling was 12 years old when he was abducted at gunpoint on a dead-end
rural road, snatched while 2 of his friends were forced to look away. For 27
years, his family and the broader community held out hope that he might somehow
remain alive. Alas, a vile creature recently led authorities to Jacob's
remains. In court on Tuesday, that killer detailed his actions, as reported by
the Minneapolis Star Tribune:
It began with a question: "On Oct. 22, 1989, did you kidnap, sexually assault
and murder Jacob Wetterling?"
"Yes, I did," Danny Heinrich said.
The hushed courtroom - packed with family members, reporters and law
enforcement officers - began to buzz. Sitting in the front row, Patty and Jerry
Wetterling listened, stoically at first, as Heinrich described that warm
October night.
How he spotted the 3 boys on the dead-end road. How he put on a mask and
reached for his revolver. How he warned Trevor and Aaron not to look back.
With a clear, low voice, Heinrich said he then handcuffed Jacob and put him in
the passenger seat. At that point, the prosecutor asked, what did Jacob say to
you?
"'What did I do wrong?'" Heinrich answered.
A few in the courtroom gasped. Several began sobbing.
The only justice for Jacob would be Heinrich's death. That will not happen.
Minnesota has no death penalty. On top of that, authorities presumably have
these answers in the Wetterling case because Heinrich cut a deal. Faced with
life in prison due to conviction on other charges, Heinrich reportedly seeks
accommodations that will protect him from other prisoners. The irony is that
those other prisoners understand something which the rest of us increasingly
don't. Monsters must be put down.
The death penalty has lost much of its support over the past few decades, even
among conservatives. Here are a few objections to the death penalty floating
around conservative circles, and why they are wrong:
1. Government Cannot Be Trusted
Conservatives don't trust government to run health care or fix the economy. Why
would we trust them with something as important as a human life? There have
been improper convictions in the past, and an innocent person might be killed.
Let's just shut the whole thing down then. Seriously. Why have government at
all? If they can't get anything right, why trust them with any of it? This is
silly. If people are being wrongly convicted, let's stop that! We don't fix
that problem by nerfing sentences.
How is it better for someone to be falsely convicted to a life sentence than to
be falsely convicted to a death sentence? Either way, it's a false conviction.
Are we to regard the world as a better place because an innocent person might
spend his life in prison rather than be executed? Is that really the standard?
How about we focus on minimizing mistakes? How about we focus on making sound
convictions? That seems like a much better plan than settling for a world where
innocent people spend their remaining years in hell, and guilty people don't
get what they deserve.
2. Death Is Not an Adequate Punishment
If you kill someone, that's it, it's over. They don't suffer. They don't have
to pay with the lifetime of horror which prison presents. Let's make them
suffer by keeping them alive.
This is odd in light of the first argument. If a lifetime in prison proves so
much worse than death, why should we be okay with errant life sentences while
objecting to errant death sentences? If killing someone gets it over with,
while letting them live makes them suffer, wouldn't we rather kill the wrong
person than imprison them for life? You can't have it both ways.
A life sentence in a case which warrants death comes at a financial and moral
cost. Why should taxpayers foot the bill to keep a murdering rapist alive? More
importantly, why should we suffer a murdering rapist's continued existence?
Each breath he draws insults life itself. But more on that later.
3. It's Cheaper to Keep Them Alive
"Cases without the death penalty cost $740,000, while cases where the death
penalty is sought cost $1.26 million." That's from the Death Penalty
Information Center. Therefore, some conservatives argue, it proves more
fiscally responsible to pursue life sentences rather than death sentences.
The cheapest option would be to let them back out onto the street and be done
with it. Let's concede, first and foremost, that our goal is justice at
whatever cost.
The reason that it is more expensive to prosecute a death penalty case is
because we have made it more expensive. In a long forgotten past, getting the
death penalty meant that you were actually going to die, and soon. Today,
getting the death penalty means that you are going to spend an untold number of
years in prison while your case goes through seemingly infinite appeals. On the
one hand, it is understandable why we would want a vigorous appeals process in
a death penalty case. At a certain point, however, there is a diminishing
return.
How about we strengthen the process by which initial convictions occur, then
limit appeals to something more reasonable. It shouldn't cost $1.26 million to
kill a murdering rapist. Rope is cheap.
4. Death Is Not a Deterrent
The presence of a death penalty, or lack thereof, has no effect upon the rate
of violent crime.
Accepting that premise for a moment, so what? Deterring crime is not the point.
A death sentence is an administration of justice. You kill a murdering rapist
because he deserves to die, not to strike fear in the hearts of other murdering
rapists.
Even so, let's consider some anecdotal evidence which affirms the deterrent
value of the death penalty. Recall that the reason we now have answers in the
Wetterling case is because Heinrich seeks protection from fellow inmates. That
suggests that he values his life. Weird, huh? Indeed, the one instance in which
forgoing the death penalty proves acceptable is when such clemency can be
leveraged to secure a broader justice. But doing so clearly demonstrates the
value in the death penalty as a means for securing that justice.
It also reveals hypocrisy. Let's not kid ourselves. Whether there is an
official death penalty on the books or not, this whole case hinges on the fact
that throwing Heinrich in with the general prison population effectively
assures his demise. Clearly, we're already benefiting from a de facto death
penalty. Why pretend we have a problem with it? If we truly objected to the
death penalty as such, we would protect Heinrich on principle regardless of his
cooperation.
? 5. Life Is Precious
As conservatives, we're pro-life. We believe that life is precious and ought to
be preserved. How can the same people who wring hands over the death of an
unborn child be perfectly content with injecting a lethal chemical cocktail
into grown adults?
This is face-palming dumb. If I have to explain the moral distinction between
an unborn child and a murdering rapist, we have bigger problems than criminal
justice policy. I'll do so anyway for the sake of argument.
Being pro-life is not, and has never been, blind and equal support of any life
in every context. This is the PETA mentality. A chicken lives, they note,
therefore it is as valuable as a human being. No, it isn't. A chicken and a
human being have two different natures which define their relative value.
Human beings make choices. Unlike lesser animals, we cannot get by on instinct.
We have to think. We have to act on that thought in order to survive and
thrive. We stand accountable for the consequences of those choices. Obviously,
an unborn child has not made any choices which might warrant death. A murdering
rapist clearly has. His nature, defined by his choices, defines his relative
value.
Indeed, blind and equal support of any life in every context is explicitly
anti-life. It is because life is precious that we must kill those who take it,
certainly when the crime proves heinous and wholly intentional. That is what
justice requires. By killing the killer, you affirm the value of his victim's
life. It says that the victim's life held value which demands the ultimate
price. To do less is to diminish the victim, to effectively victimize her
again, to say that her life was worth less than the monster who killed her.
To oppose the death penalty on the grounds that life is precious is to say that
Danny Heinrich proves as precious as Jacob Wetterling. He doesn't. Jacob
deserved to live. His killer deserves to die.
(source: Opinion, Walter Hudson----pjmedia.com)
CALIFORNIA:
Documentary explores issues about death penalty
What: Screening of "Last Day of Freedom" followed by a discussion and Q&A with
narrator Bill Babbitt, whose brother Manny is featured in the film, and
directors Dee Hibbert-Jones and Nomi Talisman
When: 7 p.m. Monday, Sept. 12
Where: Davis United Methodist Church, 1620 Anderson Road
Admission: Free
The Yolo County ACLU and the Social Concerns Committee of the Davis United
Methodist Church are hosting a free screening of the Academy Award-nominated
short documentary "Last Day of Freedom" on Monday, Sept. 12. The event will
include a post-screening question-and-answer period featuring narrator Bill
Babbitt and the film???s directors, Dee Hibbert-Jones and Nomi Talisman.
The screening runs from 7 to 8:30 p.m. at the church, 1620 Anderson Road.
The documentary is narrated by Bill Babbitt and follows the story of his
brother Manny Babbitt, who was convicted of the murder of a 78-year-old woman,
Leah Schendel, during a post-traumatic stress episode in Sacramento in 1980.
Babbitt was executed by lethal injection at San Quentin State Prison in May
1999, one day after his 50th birthday.
A U.S. Marine veteran of the Vietnam War, Babbitt was wounded at the bloody
1968 Battle ofKheSanh inQuang Tri Province, South Vietnam. As part of his
defense, he claimed that he suffered from PTSD, which he said caused him to
commit his crimes and, later, to lose all memory of them.
After Bill Babbitt discovered his brother had committed a crime, he was faced
with the difficult decision of turning him in to the police. The documentary
tells Bill???s story as he decides to support his brother, and explores several
issues including veterans care, the U.S. criminal system and racism.
When directors Hibbert-Jones and Talisman set out to make the documentary, they
planned to make a piece that included several stories from families who were
affected by their loved ones being accused of a capital crime. They wanted to
show people the experiences families go through, as their perspectives are
rarely heard. After hearing Bill Babbitt's story, they realized how intense and
compelling his story was and decided to focus on it.
Hibbert-Jones and Talisman said they wanted to bring Bill???s story to life as
it demonstrated larger issues of criminal justices and civic responsibility,
but also touched on topics they were interested in, including how individuals
manage power systems.
"We wanted to start by telling Bill's story because we have been interested in
looking at larger systems of individuals and how individuals are impacted by
larger political systems," Hibbert-Jones said. "The death penalty seemed like
an incredibly powerful example of that. We also wanted to look at
infrastructure and support systems where the terrible trauma could have been
prevented if an individual or institution had stepped in."
Hibbert-Jones and Talisman never imagined that their documentary would garner
so much attention. In addition to being nominated for an Academy Award for a
short documentary, the film earned them the Gideon Award presented by the
California Public Defenders Association, to honor their support of indigent
communities.
They are preparing to travel to Washington, D.C., for the documentary's
nomination for the Veterans Braintrust Award from the Congressional Black
Caucus. This award recognizes people and organizations who have exemplified
their cause of representing African-American veterans' point of views.
"We have been amazed by the response," Hibbert-Jones said. "It really has been
incredible to see the response from individuals and also from organizations.
And that people really do feel it's representing a perspective that isn't heard
a lot."
For Natalie Wormeli, who organized the Davis screening, this event is not only
an opportunity to share Bill Babbitt's story, but also a way to get people to
start talking about the death penalty, especially with 2 initiatives on the
Nov. 8 ballot addressing capital punishment.
"If they haven't thought about these issues at all, it's going to be a very
personal way to start thinking about it, talking to a family member that has
been affected by the death penalty," Wormeli said. "Those who are already
opposed to the death penalty, it will just strengthen their resolve."
Wormeli said Monday's event will conclude with a brief discussion about the 2
initiatives dealing with the death penalty: Propositions 62 and 66. Prop. 62
would repeal the death penalty in California while Prop. 66 would keep the
death penalty in place, but speed up the appeals process.
Wormeli said the discussion is a small introduction to another event being held
on Monday, Oct. 3, hosted by the Yolo County ACLU and the Yes on 62, No on 66
statewide campaign, of which she is the local campaign manager. That event will
go into more detail about the death penalty.
"I'm most concerned about California's voters," Wormeli said. "There are going
to be 17 initiatives on the ballot, and we need informed voters. The fact that
we have 2 completely different initiatives that both deal with the death
penalty - we want people to be clear on how they want to vote before they even
pick up their pen to vote."
For more information on either event, call Wormeli at 530-756-1900
(source: The Davis Enterprise)
******************************
Man Once Sentenced To Death Row Works To Abolish Capital Punishment In
California
Do you support the death penalty? It???s one of the most serious questions to
confront California voters this November and one of the most divisive.
A Field Poll published in January shows 47 % of California voters would choose
to end the death penalty and replace it with life without the possibility of
parole. That's what Proposition 62 on the November ballot would do.
The same poll found 48 % want to keep California's death penalty and would
support a new system to speed up the death penalty process. That's what
Proposition 66 would do.
KPBS is partnering with KPCC to host California Counts Town Hall: The Pros And
Cons Of Repealing The Death Penalty, on Wednesday at 7 p.m. at the University
of San Diego's Peace and Justice Theater. If you can't come to the event, tune
in to Midday Edition on Thursday to hear a recording of the town hall.
One man who is now speaking out in support of Proposition 62 served time on
death row for a murder he did not commit.
In 1974, at the age of 16, Gary Tyler was convicted in Louisiana of the murder
of a white high school student and sentenced to death. The Supreme Court
overturned the state's death penalty in 1976 but Tyler, who is African
American, was left with a life sentence for a murder he has steadfastly
maintained he did not commit.
Despite recommendations from parole boards and finally a declaration that his
life sentence was unconstitutional, Tyler was not released from Angola prison
until April, having spent almost 42 years in prison, and only after he agreed
to enter a guilty plea to manslaughter.
Tyler said family, friends and supporters across the country helped him survive
the time he spent in prison.
"It???s always hard for anyone having to go through an ordeal where no matter
what you do to try to prove to people that you are innocent, that the system is
no longer functioning," Tyler said. "That's a bitter pill to swallow. But if
you are determined to survive, you're able to sustain under horrendous
conditions. Because you know one thing, you stand on truth and you just make
the best out of a bad situation."
Tyler, who now lives in California, spoke to Midday Edition about why he
supports Proposition 62.
(source: KPBS news)
**********************
Man proved innocent STILL on death row
Californian inmate Kevin Cooper has been proven innocent, yet still awaits the
retraction of his death penalty.
Cooper, who has been on death row since 1985, was charged with the murder of 4
family members, in an attack in 1983. The incident also left another child
seriously injured, whose testimony eventually proved crucial to the case.
Since the accused had been staying in close proximity to the crime scene at the
time, whilst on the run, the police decided that he must be the perpetrator.
Claiming links between Cooper and blood found at the scene, he was branded
guilty by investigators.
During the case, someone reportedly hung a stuffed monkey outside the
courtroom, with a sign that read, "Kill that N****".
Later however, when the injured young boy from the incident had made his
recovery, he gave his version of events. He recalled that multiple attackers
were responsible for the murders, none of which were African-American men.
This account of the events gave Cooper a glimmer of hope and an appeal was
filed. It was uncovered that the police had tampered with evidence in order to
achieve a conviction against the suspect.
It is strongly suspected that this case was a racially motivated framing, which
led to an innocent man being sentenced to death.
Despite judges confirming Cooper's innocence, he still to this day awaits the
lifting of his death sentence. The decision is reportedly in the hands of
Governor Jerry Brown, to whom several pleas have been sent in efforts to free
Cooper.
A campaign has been set up, using the hashtag '#FreeKevinCooper', which urges
supporters to sign a petition to help push the case forward.
(source: blacknet.co.uk)
_______________________________________________
A service courtesy of Washburn University School of Law www.washburnlaw.edu
DeathPenalty mailing list
DeathPenalty@lists.washlaw.edu
http://lists.washlaw.edu/mailman/listinfo/deathpenalty
Unsubscribe: http://lists.washlaw.edu/mailman/options/deathpenalty
