Judge Frost

Judge Frost of the Southern District has stayed an execution and slammed the Ohio Department of Corrections in doing so.  It starts out saying that the state of ohio follows its protocols except when it does not.  This is nonsense. 
Great stuff from this right wing judge.  Although Judge Frost is more than just a Republican or right wing.  He is a deep thinking independent jurist.  Alone, he has grappled with issues of life and death.  He has heard testimony on the mechanism and machinery of death. 
He alone has been left with the decision on the section 1983 suits regarding the protocols. 
Judge Frost finally tired of the department of corrections deciding thier own rules and deciding when to follow them.  A great day for the rule of law in OHio.

Harry Connick and his father

a little dash of lies, a little pinch of deceit........and that's the recipe for making a wrongful conviction (ok it doesnt sound as good as the original HCJ piece but you get the idea)

Harry Connick , the croner, the New Orleans native is the son of a  former district attorney
He has built a career on how cool he is in the other world of Afro American jazz and the numerous friends of a different color
There is one Afro American that may not enjoy his next x mas album with Brandford Marsalis
the Respondent in the matter of Thompson v Connick
It seems that in addition to siring children who make inoffensive, poppy, boring jazz albums the senior Connick also trained his prosecutors to hide evidence and win at all costs
Mr Thompson was sentenced to death for a brutal murder in Orleans Parish
Problem is that he did not do it and spent years trying to prove that fact from Angola prison in the swamps of LA
Only after a (and this is becoming an alarming/welcome/strange trend) a couple of lawyers from a white glove firm spent hours of thier own time trying to free him did he eventually become acquitted
he then sued the senior connick and his band of rogue prosecutors

The Southern District of LA granted SJ and the Fifth Circuit reversed.  Did i say that right?  no it cant be! the Fifth Circuit of Herrerra v Collins fame, of Kerry Max Cook fame, of the Angola 3 fame, that fifth circuit????  it has to be crazy if the Fifth Circuit which is SEATED IN NOLA reversed. 

as my old law school professor said, stay tuned see the link below:

http://www.supremecourt.gov/opinions/10pdf/09-571.pdf

Although Thompson does not contend that he proved a pattern of similar Brady violations, 553 F. 3d, at 851, vacated, 578 F. 3d 293 (en banc), he points out that, during the ten years preceding his armed robbery trial, Louisiana courts had overturned four convictions because of Brady violations by prosecutors in Connick’s office.^{6 Those four reversals could not have put Connick on notice that the office’s} Brady training was inadequate with respect to the sort of Brady Connick on notice thatspecific training was necessary to avoid this constitutional violation.7
huh? Hiding the ball was a way of life for this office.  WHile his son shot to stardom the elder Connick was slamming cell doors on innocent men. 

The opinoin essentially says that lawyers know they arent supposed to cheat but unless you show that the county (parrish here) told them to cheat and trained them in ways to do so (see Dallas DA) you cant make a claim for damages. 

I am flabbergasted.  I though i seen it all but this tears it.

Illinois

I am beyond proud of my home state this week.
Govenor Quinn, despite my belief he would not, abolished the death penalty in Illinois.
Governor Quinn further emptied the condemned unit at Stateville. 
I still think that the long knives will come out and he will be investigated for any hint of corruption in retaliation for this historic move.
My hat is off to you governor.  You showed that we can do the right thing.

Death is Different

Above is a picture of Ricky Ray Rector.  He helped the political career of William Jefferson Clinton.  While Clinton was taking heat as a draft dodging, pot smoking liberal who was soft on crime Ricky's death warrant came across his desk.  Sensing a chance to become what Dukakis failed to attain, President, Bill signed it. Not only did slick Willie sign it but he flew back to Little Rock from the Campaign to do so. 

Ricky Ray was not right in the head.  His family told stories of odd behavior and talk.  One day he shot some people including a police officer.  An incredible tragedy that rocked the small southern town  Ricky then turned the gun on himself.  He didn't die but became infantile in his actions and words.  He certainly did not understand what was about to happen to him.  As part of his last meal he ordered pie.  Nothing unusual about that.  People find solace in food and the last meal often is a metaphor for things in the persons life.    As he was being taken to be injected with a lethal combination of chemicals, he hid a piece of pie for later. Something a child may do.  Something a child that has siblings may do.  A shocked guard found it later that day.  Ricky Ray was dead. 

So death is different.  It propels political careers and advances weak candidates.  And ends lives of people determined to be undesirable by the establishment. 

Texas is a bloodthirsty beast who feasts far too often

I should qualify or explain the title of this post.  I have very good and dear friends in the Lone Star State.  My experiences there have been nothing but wonderful.  I, in fact, love Texas.    However, the pace and frequency of executions leads me to believe that the state itself..is a bloodthirsty beast. 

A few examples may help the reader to understand my point. 

Carla Faye Tucker no doubt committed a henious double homicide in Houston while intoxicated on many substances.  However, this woman underwent a religous conversion that many saw as remarkable.  Religous leaders called for her commutation.  She was strapped to a guerney and died 2-3-1998. 

A religous conversion didnt matter in the Bible thumping fire and brimstone state.  Those in charge meant to show us that even if you change you cant erase the past.   Carla Faye could have shown others the way out of prison and to law abiding lives but the state had to be fed.

Tim Adams was recently put to death by Texas.  In an event attended soley by his family who wept while the drugs slowly killed him.

The Texas Coalition to Abolish the Death penalty said this:

Last night, February 22, 2011, the State of Texas executed Timothy Adams, despite the pleas of his family, nearly 100 faith leaders representing diverse traditions, and three of the jurors who originally sentenced him to death.  As his attorneys note, “The execution of Mr. Adams has inflicted needless pain on the Adams family, without any benefit to the State of Texas. No family should be made to suffer such an ordeal as we collectively have imposed upon them tonight.”

He killed a 19 month old in an act that was completely out of character for Tim.  His one bad act, while atrocious, was offset by his otherwise good life.  Texas wanted blood and even the feelings of those most affected by this child's death ddidnt matter.  Texas had to be fed. 

Cameron Willingham was not a wonderful person.  There are reports that he was abusive towards his wife.  He cussed here as his last words.  This however does not mean he committed three counts of capital murder.  As with most sad stories in Texas there is a lawyer who didnt do his job.  Instead of getting an expert he lit his office carpet on fire to simualte the trailer fire.http://www.youtube.com/watch?v=L5cFKpjRnXE  He then convinced himself that Cameron was guilty.  Gerald Hurst, a national expert disagrees.  Now as Rick Perry backpeddles and stacks the commission with his cronies who are to investigate the fire does the truth come out.  Seven years too late for Cameron.   Texas salivated at the thought of taking Cameron Willingham's life.  He was a son of a bitch and they couldnt wait to strap him down and kill him.  Texas had to be fed and fed on the innocent. 

Carlos Deluna was also innocent of capital murder.  Another man said he committed the crimes.  It didnt matter to the State of Texas.  In a heartbreaking interview for a documentary filmaker the chaplin at Ellils recalled that Carlos asked if he could call him Dad in his final hours.  They prayed and Carlos was led into the execution chamber.  Texas enjoys feeding on the innocent. 

My good friend Kerry Max Cook also was almost executed by the state of Texas.  He was tried three times and each time it was sent back.  The state used lies, junk science and snitches to pin a henious crime on Kerry.  He entered a no contest plea prior to the fourth trial.  the same day the prosecutor produced a DNA sample showing the semen inside the victim was her boyfriend, not Kerry.  The prosecutor is now a judge.  Please read his heart wrenching memoir on his life on death rowhttp://www.chasingjustice.com/

Most famously, Randall Dale Adams was convicted for shooting a police officer in Dallas.  The police attempted to force a confession from him.  When that didnt work they used the testimony of a drifter named David Harris.  Apparently there was a reason why David Harris knew so much about the crime.  He was executed in 2004 for a different offense. Randall is another victim that almost was devoured by the beast. 

There are more as the state continues to line up the condemned and devour them in a small room in Huntsville Texas.  A line must be drawn in the sand and take on the system in Texas.  Not only the innocents but the guilty as well.  Both have value and lives worth saving. 

Jon Burge -Chicago's shame

Cops have a tough job that requires courage and paitence I frankly do not possess.  Imagine remaining calm while a intoxicated jackass screams at you for an hour.  Not stomping a suspect who endangered lives while leading you on a high speed chase.  Its tough.  I get that. 

What i dont get nor will i ever understand is the evil that occured in Chicago at Area 2.  The systematic failures that allowed it to continue and the limp response once it was found are an amazing story of ineptitude. 

A short readers digest version paraphrased for the many followers of this blog.  Jon Burge was a detective that was able for some reason to get confessions out of suspects with ease.  Cases that seemed impossible to crack, Jon was able to get the straight dope.  There was one problem, the people that confessed did not committ the crimes in questions. 

Aaron Patterson was tortured by Burge and his goons for the killing of a shopkeeper and his wife.  He scrawled in the desk that he was not guilty.  Burge hung him over a door while shackled, beat him with a phone book and various other torture devices he learned in Vietnam.  When he was released Aaron did not go quitely into the night, remembering he had people left on the inside.  The government got him on a bullshit gun charge and sent him back to prison. 

Leonard Kidd was hooked up to a car battery and shocked into confessing.

Frank Bounds, who died of cancer while incarcerated, was beaten into a mess by Burge and his thug squad.
He never was able to prove he did not kill Carolyn Lewis. 

Madison (Mad)Hobley was handcuffed to the wall and beaten by detectives for a house fire that took his wife, son and others. 

Stanley Howard (S Man) was brutally beaten by Burges henhmen.  They then simulated suffocation by placing a plastic bag over his head. Sort of water boarding without the water.  His confession was to a shooting that occured following a robbery. 

Grayland Johnson also suffocated and beaten.  And it goes on and on, for unknown scores of victims of this monster. 

But the system did nothing to correct this problem.  Much like the states full of  racist sherriffs that ran roughshod in the south in the 60s murdering and maiming, Illinois sat on its hands.  Unwilling to do anything to stop it. Even in one judges opinion unable to point to the fact that the torture had led directly to the confession.  Ok Judge ill hook your junk up to a car battery and see how quickly you crack.

Burge was fired in 1993.  Special prosecutors were not appointed until 2002.  Burge was only recently convicted of perjury.  He received a sentence of 4 years.  Most of his victims had received death sentences.  As a defense lawyer i dont want to see anyone go to prison.  Burge deserves far worse than a safe, cushy prison full of ex cops and snitches.  He made cops everywhere look bad and embarrassed the hell out of the CPD.  That is sort of like making a whore blush.  not easy to do. 

The US attorney does not deserve a pat on the back for prosecuting this man thirty years removed from his crimes.  In the same manner the AG offices that prosecuted Klan members when they were about to die deserve no credit for that pointless act.  When you stand idly by watching a man pervert justice you shared his guilt as he beat, suffocated and shocked lies out of poor men who couldnt defend themselves. 

Do something good like abolish the death penalty Illinois, then i wont be ashamed of this part of my home states history.

RIP Frank Spisak

This is the image the state wants you to have of Frank Spisak as he is laid to rest today following his execution (state sponsored killing)



It certainly is not a good one.  He grew a small mustache.  He carried Mein Kampf with him at counsel table.  He saluted the jury like an SS soldier.  And he was convicted of going on what he called "hunting parties" for Afro American people.

The state doesnt want you to know the rest of the story.  How Frank was never the same after a car accident.  How he dressed like a woman.  How he began to collect Nazi memorabilia and blame others for his problems.  A very mentally ill man did those things, not a cold calculated killer.  There is a difference. 

It is difficult for most to look beyond his facade of a Nazi sympathizer.  Underneath was a confused man who didnt know if he was man or woman.  A person who thought that his answers lay in the twisted theology of the Third Reich.  Whose plan was as twisted as those ideas. 

We want our killers to be bloodthirsty animals like Doctor Lechter in the movies.  They are not.  When they are mentally ill they are responding to the illness not any external forces.   Instead of understanding mental illness and how it effects criminality our system punishes for not treating the mental illness.  

Frank I hope that death provides the peace your life did not.