Old February-9th-2008, 12:23 PM   #1
shrugs
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Death Penalty Watch

http://www.deathpenaltyinfo.org/arti...d=2618&scid=64

INNOCENCE: Kennedy Brewer Exonerated from Death Row in Mississippi through DNA Testing

Kennedy Brewer, who spent almost 15 years on Mississippi’s death row for the 1992 murder and rape of his girlfriend’s 3-year-old daughter, has been exonerated of the charges, and another man, Justin Johnson, has been arrested for the same crime. A 2001 investigation by the Innocence Project found that the semen on the victim’s body did not match Brewer’s DNA, but did match Johnson’s. Johnson was a suspect early in the case, and his blood was collected and preserved in the Mississippi State Crime Laboratory for more than 10 years.

Last year, Brewer was released on bond, pending a new trial after the Innocence Project and his attorney pushed for an appeal based upon the DNA test results. Despite the results of the 2001 DNA testing, the Mississippi Supreme Court denied Brewer’s request for a new trial in 2002. Brewer eventually won a retrial from a Lowndes County judge. According to the New York Times, District Attorney Ben Creekmore of Oxford, Mississippi, who took over the case when the previous D.A. recused himself, "is preparing to file a motion dismissing all charges against Mr. Brewer."

Brewer’s attorney, Carrie Jourdan, said that Brewer is trying to get back into a normal life. She said, “He's gainfully employed. He's working and he's living with his elderly, disabled mother, who he assists in taking care of. He has had no problems from a criminal legal standpoint" since he was released. Mr. Brewer is mildly retarded.

(“Man charged in child slaying for which another sentenced to death,” by Holbrook Mohr, Associated Press, February 7, 2008; see also S. Dewan, "New Suspect Is Arrested in Mississippi Killings in Which 2 Men were Convicted," N.Y. Times, Feb. 8, 2008). See Innocence. Mr. Brewer is the 127th person to be exonerated from death row since 1973 and the 16th person to be freed from death row through DNA testing.
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Old February-9th-2008, 12:29 PM   #2
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Why can't people come to their senses already and get rid of the death penalty?

I heard recently that (I believe) 18 people have been exonerated from death row since they started DNA testing. How many innocent people died before DNA testing or because there was no DNA evidence?

It's just wrong. In the absence of evidence that it serves as a deterrent I don't understand why people support this.

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Old February-9th-2008, 12:41 PM   #3
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Billy Austin (Steve Earle)

My name is billy austin
Im twenty-nine years old
I was born in oklahoma
Quarter cherokee Im told
Dont remember oklahoma
Been so long since I left home
Seems like Ive always been in prison
Like Ive always been alone
Didnt mean to hurt nobody
Never thought Id cross that line
I held up a filling station
Like Id done a hundred times
The kid done like I told him
He lay face down on the floor
Guess Ill never know what made me
Turn and walk back through that door
The shot rang out like thunder
My ears rang like a bell
No one came runnin
So I called the cops myself
Took their time to get there
And I guess I coulda run
I knew I should be feeling something
But I never shed tear one
I didnt even make the papers
cause I only killed one man
But my trial was over quickly
And then the long hard wait began
Court appointed lawyer
Couldnt look me in the eye
He just stood up and closed his briefcase
When they sentenced me to die
Now my waitins over
As the final hour drags by
I aint about to tell you
That I dont deserve to die
But theres twenty-seven men here
Mostly black, brown and poor
Most of em are guilty
Who are you to say for sure?
So when the preacher comes to get me
And they shave off all my hair
Could you take that long walk with me
Knowing hell is waitin there
Could you pull that switch yourself sir
With a sure and steady hand
Could you still tell youself
That youre better than I am
My name is billy austin
Im twenty-nine years old
I was born in oklahoma
Quarter cherokee Im told
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Old February-9th-2008, 02:00 PM   #4
Hudson Boy
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We'll never know the whole story, but the mother left her three year-old daughter under the care of Brewer, a mentally retarded man who claims to have gotten drunk and fallen asleep while babysitting. The bite marks found on the child were identified as belonging to Brewer, according to Dr. Michael West, a dentist. This dentist's testimony was never disproved, but was called into question because of an unrelated problem with another case Dr. West was involved in.

"When asked Thursday if prosecutors still believe Brewer was involved, District Attorney Forrest Allgood said he needs to review the newest information before commenting."

Did Brewer know Justin Albert Johnson, the person whose DNA matched the samples recovered? Did Brewer have a record of prior arrests for violent crimes? These are some of many questions that I can't find an answer to. It would be a miscarriage of justice to exonerate Brewer if he had anything to do with the crime, even if he didn't rape and kill the child himself.
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Old February-11th-2008, 01:36 PM   #5
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This reminds me of Rickey Ray Rector.

A story that really shows just how noble Bill Clinton really is.

Dems Have Only Themselves To Blame
by Harley Sorensen

A date which ought to live in infamy for the Democratic Party is Jan. 24, 1992. That's the day Rickey Ray Rector was executed in Arkansas while Gov. Bill Clinton stood by and did nothing.

On that day in Arkansas, the Democratic Party also died. Its body is still with us, to be sure, but its heart and soul died 10 years ago.

Rickey Ray Rector, for those who would like to forget, shot and killed police officer Bob Martin in Conway, Ark., in 1981. After firing on Martin, Rector shot himself in the head. He botched the job, succeeding only in turning himself into an idiot.

His brain was so wrecked that before going to the execution chamber, Rector saved part of his last meal "for later."

Bill Clinton was running for president in 1992 when Rector was put to death. Clinton ran as a Democrat. In those days, only 10 years ago, most Democrats opposed capital punishment. It is safe to say that nearly all Democrats then were opposed to executing retarded people, no matter how severe their crimes.

But Clinton remembered the downfall of one Michael Dukakis four years earlier. Dukakis, the Democratic governor of Massachusetts, saw his presidential aspirations go up in smoke partly because he was perceived to be soft on crime.

In politician-speak, and particularly Republican-speak, any public official who doesn't have a brutish attitude toward society's losers is soft on crime. In Dukakis' case, rapist-murderer Willie Horton was rather stupidly furloughed from a Massachusetts prison, only to escape to Maryland to rape again. He was caught and quickly became a political liability to Dukakis, who was castigated in the 1988 Democrat primary by one Albert Gore Jr., another failed presidential aspirant of recent fame.

Willie Horton went on to become a legend in dirty politics when the friends of George H.W. Bush used him in campaign ads against Dukakis. As you'll recall, the tactic was successful, so King George I had the opportunity over the next four years to wreck the American economy, a job his son is now seeking to finish while conquering the world in his spare time.

In any case, Bill Clinton was resolved in 1992 not to face a "soft on crime" rap, so -- although he had it within his power to grant executive clemency -- he stood by and did nothing while an idiot was deliberately put to death in his state.

Clinton's success as a politician was not lost on other Democratic hopefuls, nor on Democratic voters, so they followed his lead in abandoning all liberal principles in favor of expediency.

Tired of losing to criminals like Richard Nixon and Spiro Agnew, or amiable clowns like Ronald Reagan, or ex-CIA chiefs like George H.W. Bush, the Democrats decided that the only way to beat 'em was to join 'em.

So they did. In 1999, when Bill Clinton sent our frighteningly eager military machine off to ravish Yugoslavia, nary a discouraging word was heard from the Democrats. A few months earlier, ironically, Serbs in Belgrade had met and shared memories with a few of the hundreds of shot-down American airmen they had rescued during World War II.

There is no word on whether our old Serb friends survived the 1999 bombings, but best estimates are that 3,000 Yugoslav civilians did not.

And the Democrats, not wanting to appear soft on tyrants, cheered Clinton's war, which was billed as "a just war."

(They got it wrong. It wasn't a just war; it was just a war.)

Part of the reason Clinton was so roundly hated by conservatives was his knack for stealing all their issues. He was so "hard" on crime that he appeared regularly in photo ops with uniformed officers behind him as he proposed or signed legislation narrowing civil liberties or expanding federal punishments.

Clinton didn't make up stories about ungrateful welfare recipients the way Reagan did, but he did propose, as a candidate, that anyone deemed capable of working be kicked off welfare after two years.

(Most liberals wouldn't object to that if it included the provisos that living-wage jobs be available and the hapless welfare recipients be trained to fill them.)

In short, many of Clinton's views and policies were just a little to the right of those once espoused by Barry Goldwater, who in his day was considered a right-wing extremist. Now, he'd be a middle-of-the-roader.

So, in this election season, which ended last Tuesday with a magnificent victory for the forces of darkness and a solid defeat for the Democrats, the Democrats presented themselves as . . . nothing.

Instead of presenting a vision for the future, their strongest selling point was that they were not as bad as the Republicans. In California, that worked. Even though the Democratic candidate for governor was an abomination, the Republican seemed worse, a man determined to lead us back into the Dark Ages, if we were dumb enough to elect him.

But California was the exception, and elsewhere in the country the Democrats came across as unconvincing mini-conservatives.

They deserved to lose. They didn't offer a choice. So they were defined by their opponents, who zeroed in on the excesses of liberalism. The candidates themselves rarely made a case for the finer points of liberalism.

This week, as the Democrats lick their wounds and try to regroup, it seems they'll be trying to figure out how to be even more like their Republican conquerors.

This does not bode well for the republic. And, if you like, you can blame Clinton for it.

Harley Sorensen is a longtime journalist and iconoclast. His column appears Mondays. E-mail him at harleysorensen@yahoo.com.
©2002 SF Gate
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WOW!

Last edited by rollhead; February-11th-2008 at 01:36 PM.
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Old February-13th-2008, 02:09 PM   #6
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http://www.deathpenaltyinfo.org/arti...d=2622&scid=64

U.S. to Seek Death Penalty under New Military Commissions


The U.S. government has decided to seek the death penalty against six Guantánamo detainees who are accused of having central roles in the terrorist attacks of September 11, 2001. The defendants will be tried before Military Commissions, which are neither part of the federal criminal justice system nor the military's justice system for its own members. The laws and procedures under the Military Commission Act of 2006 have not been tested and had to be re-written after the government's first attempt was found unconstitutional. One person has been convicted under the new act following a guilty plea.

Some experts have stated that the trials of the detainees will be a “historic challenge” for prosecutors. Eric Freedman, a Hofstra University law professor who has consulted with the detainees’ lawyers, noted that a decision to seek the death penalty will draw “intense scrutiny” to the proceedings “both legally and politically from around the world.” Seeking the death penalty could also bog down the military court system, noted Tom Fleener, a former military defense lawyer, particularly since there are many unanswered legal questions such as how to handle evidence obtained through coercive methods. He stated, “Neither the system is ready, nor are the defense attorneys ready to do a death penalty case in Guantánamo Bay, Cuba.”

If the detainees are convicted and sentenced to death, there is an appeals process, though it is not yet clear whether inmates will have access to the writ of habeas corpus, one of the fundamental ways to challenge a death sentence.. There is no death chamber at the detention camp in Guantánamo Bay, Cuba, where the detainees are being held.
(“U.S. Presents Charges Against 6 in Sept. 11 Case,” by William Glaberson, New York Times, February 11, 2008). See Federal Death Penalty-Responses to Terrorism. Recent international war tribunals have not allowed use of the death penalty, nor do countries like Israel or those in Europe employ capital punishment when trying suspected terrorists.
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Old February-13th-2008, 02:11 PM   #7
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VICTIMS: NPR Features Story of a Father Who Forgave His Daughter’s Murderer
National Public Radio (NPR) recently featured a segment in its StoryCorps series in which a father describes how he came to forgive the man who murdered his daughter. Patricia Nuckles was murdered by Ivan Simpson in 2001 when she caught him robbing her home. Though devastated by his daughter’s murder, Hector Black wanted to learn more about his daughter’s killer. He learned that Simpson was born in a mental hospital to a woman who later attempted to drown him and his siblings. Simpson and his brother escaped, but his mother succeeded in killing his sister.

After learning this, Mr. Black and his wife asked the district attorney not to seek the death penalty against Ivan Simpson. At his sentencing, Simpson apologized to Nuckles’ family.

The link below has both the audio and text of Hector Black's statement.
http://www.npr.org/templates/story/s...oryId=18791726 NPR, Feb. 8, 2008).

Last edited by shrugs; February-13th-2008 at 02:12 PM.
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