Jan. 3 PENNSYLVANIA: Delayed definition / On a capital issue, the court acts for the Legislature In 2002, the U.S. Supreme Court ruled that the execution of mentally retarded criminals violates the Constitution's ban on cruel and unusual punishments. So far so good. This ruling -- applauded by the Post-Gazette at the time -- was right as a matter of humanity and logic. The death penalty is supposed to be about punishing the most willful and intentional acts of murder, but retarded people, by definition, don't always fully understand what they are doing. But what definition? In the 2002 case, Atkins v. Virginia, the U.S. Supreme Court left the question of what constitutes retardation up to the states. The Pennsylvania Legislature has yet to pass a law that sets out a standard. In the meantime, a particularly shocking case was working its way through the system. Joseph Daniel "Joey" Miller of Steelton, near Harrisburg, was convicted in 1993 in the deaths of 2 women whose bodies were found in a landfill. (He has also confessed to killing a 3rd woman and is serving a life sentence in the death of a 4th.) Although he was sentenced to death, his punishment was vacated after it was argued that he was mentally retarded. Last week, the case came before the Pennsylvania Supreme Court. In the absence of the Legislature's direction, the court had to fashion a definition of retardation consistent with the 2002 case before the U.S. Supreme Court. The result is Joey Miller may still face a date with the executioner if further proceedings find that, under this definition, he is not retarded. In an opinion written by Chief Justice Ralph Cappy, Pennsylvania's top court rejected "a cutoff IQ score for determining mental retardation in Pennsylvania," because "it is the interaction between limited intellectual functioning and deficiencies in adaptive skills that establish mental retardation." Although we must wait to see how this plays out, it seems reasonable that the court settled on a sophisticated definition of retardation rather than some magic IQ number. The problem is less about the step the court took and more that it was forced to act. A note appended to the very end of the opinion reads like an indictment of the Legislature's careless dereliction of duty in a life-or-death matter. "While we acknowledge that it would be preferable to have a definition of mental retardation from the Legislature," the note said, "we have waited nearly 3 years for such a definition and believe we should not delay announcing a standard under Atkins any longer." Pennsylvanians who believe in a fair system of criminal justice can be grateful for that. (source: Editorial, Pittburgh Post-Gazette) VIRGINIA: So why is it OK for the government to kill a human? At a minute after midnight, most people are in their warm beds, but one man is taking his last breaths. This man lived anticipating his state-assisted murder on death row ["Debate continues over death, life of reformed gang leader," Dec. 14]. We recognize murder as wrong, but many of us use "murder" interchangeably, so we depend on capital punishment to mold its definition. Sadly, these same people defend their pro-life stances with biblical scripture. They also use the Code of Hammura- bi's "eye for an eye" theory. But where is the Bible when they forget "Vengeance is mine, said the Lord?" Oh, it's different, they say. Murder is murder. What's the difference between an MS-13 gang member shooting someone and a governor refusing to grant clemency to allow a man to live? Who's playing God now? The governor? What gives him the right to decide if a man can live or die? A god complex, evidently. I am a proud Virginian, even though my state executes a larger percentage of its population than any other state with more than a million in population. I am a proud American, though my country has executed the 1,001st person since 1976, when the death penalty was reinstated. Stanley "Tookie" Williams is a dead man now. We can all breathe a sigh of relief that a former gang leader is no longer alive, but what does his state-assisted murder actually do for you? Does his murder bring back homicide victims? Does it ease your apprehensions about walking down the street at night? Better questioning is needed. Where's the justice in murdering a man accused of murder? Mr. Williams transformed from a feared gang leader to a changed man. He wrote children's books urging non-gang activity. He was also instrumental in mounting the Bloods and Crips truce more than 10 years ago. But when his "judgment day" came, Gov. Schwarzenegger proclaimed Williams as a man unchanged and without remorse. His contribution meant nothing to the California governor. Williams was just another cold-hearted criminal undeserving of clemency. Stephen Hicks, Spotsylvania (source: Free Lance-Star) ********************** Clock ticks in Va. DNA case With less than 2 weeks left in Gov. Mark R. Warner's term, time is running out for him to arrange DNA testing that could determine whether Virginia sent an innocent man to the electric chair in 1992.If the tests show Roger Keith Coleman did not rape and murder his sister-in-law in 1981, it will mark the 1st time in the United States an executed person has been scientifically proved innocent, say death penalty opponents, who are keenly aware that such a result could have a powerful effect on public opinion. Warner -- a potential Democratic presidential contender for 2008 -- hopes to complete negotiations over how the test would be conducted before his term ends Jan. 14, spokesman Kevin Hall said. Coleman was convicted and sentenced to death in 1982 for the murder of Wanda McCoy, 19, his wife's sister. She was found raped, stabbed and nearly beheaded in her home in the coal-mining town of Grundy.The case drew international attention as Coleman pleaded his case. Time magazine featured the coal miner on its cover. Pope John Paul II tried to block the execution. Coleman's attorneys argued that he did not have time to commit the crime, that tests showed semen from two men was found inside McCoy, and that another man bragged about murdering her. Coleman was executed May 20, 1992. DNA tests in 1990 placed Coleman within the 2 % of the population who could have produced the semen at the crime scene. Additional blood typing put Coleman within a group consisting of 0.2 % of the population. His lawyers said the expert they hired to conduct the test misinterpreted the results. 4 newspapers and Centurion Ministries, a New Jersey organization that investigated Coleman's case and became convinced of his innocence, sought a court order to have the evidence retested. The Virginia Supreme Court declined to order the testing in 2002, so Centurion Ministries asked Warner to intervene. Warner's decision has been held up in part because the sample is not in the state's possession, Hall said. The evidence is being stored in a Richmond, Calif., lab by the forensic scientist who conducted the initial DNA tests, Edward Blake. Blake has balked at returning the evidence to Virginia, arguing that testing should be conducted at his lab. Blake also has argued that transporting the fragile evidence could destroy it. Warner, Blake and Centurion Ministries have been trying to negotiate an arrangement under which an independent lab would test the sample, Hall said. If the parties cannot come to an agreement before Warner leaves, the issue will fall to Democratic Gov.-elect Tim Kaine, who supports DNA retesting in the case, said Delacey Skinner, a Kaine spokeswoman. (source: News Observer) SOUTH CAROLINA: Editor of paper quits after apartment fire The editor of an alternative weekly in the city has resigned after a fire in his apartment he believes was set by an unhappy reader or source. After returning from holiday travel early Saturday morning, Corey Hutchins, editor of the Columbia City Paper, said he walked into his Columbia apartment, saw the remnants of a fire and contacted police. A police report confirmed the fire at the duplex, where Hutchins lived with 2 other roommates. There was mostly smoke damage, but clothing, bedding and books totaling $320 were destroyed in the fire, the report stated. Police said Monday they have no suspects in the case. "A lot of people have gotten upset about things we have written about, and I have gotten calls and e-mails anonymously ... but I never thought that anything like this would happen," Hutchins said. "I never thought that someone would be personally offended and want to burn my house down or harm me individually." The phone calls and letters included people who threatened to sue and irate readers who bad-mouthed the weekly, Hutchins said. Columbia City Paper publisher Paul Blake points to several reasons why Hutchins could have been a target. The newspaper, which began publishing in August, has drawn resistance from several bars and restaurants in Columbia, he said. Not only was Hutchins a crime reporter, but he also wrote about a sexual discrimination lawsuit at the University of South Carolina and published Gov. Mark Sanford's personal telephone numbers in an editorial about the death penalty and the execution of the 1,001st person in the state, Blake noted. "I do think it's a larger censorship problem," he said. "Here we have to battle just to be in locations. We've been banned from several of the businesses in town." (source: The State) USA: Novel 'Death Row Defender,' A Legal Thriller By Ray Dix, Is Finalist For A 3rd Literary Award EPIC, the Electronically Published Internet Connection, has announced that 'Death Row Defender,' the mystery / legal thriller by Ray Dix, is 1 of 4 finalists for best mystery novel of 2005 published in electronic format. In 'Death Row Defender,' retired Public Defender, Woody Thomas, struggles with his own doubts of his client's innocence, the police, the system, an assassin, and his own past to exonerate a death row defendant. Ray Dixs legal thriller / mystery, 'Death Row Defender,' has been named 1 of 4 finalists for an EPPIE Award for best mystery of 2005 published as an e-book. The EPPIE awards, presented by EPIC, the Electronically Published Internet Connection, honor the best electronically published books of the year. The winner chosen from the finalists will be named Saturday, March 18, 2006 in San Antonio, TX, during EPICon 2006. For more on EPIC, EPPIEs, and EPICon, visit: http://www.epicauthors.org/index.html This is the third time 'Death Row Defender' has been recognized with an award for excellence. Prior to publication, Attorney Dixs novel received awards from the Maryland Writers Association as a 2003 Novel Contest award winner, and from Authorlink, as a New Author Contest award winner (in 2000 under the title 'Clearwater Run'). 'Death Row Defender' is published in both electronic format and trade paperback. Reader reviews for 'Death Row Defender' have also been favorable: "PD Dude," a California Public Defender with a blog, says of 'Death Row Defender:' "The story is very interesting, the drama is very real, and aside from the thriller aspect to the book, it gives a terrific insight into the life, mindset, and complexity of a defense lawyer." "The book is a quick read, once you start it is engrossing and hard to put down." For the complete review, see the 12/22/05 submission at: http://publicdefenderdude.blogspot.com/ "Narayan of Rebeccas reads highly recommends Death Row Defender as an impressive legal thriller & a must-read for the student of criminal law. . . right up there with the best lawyer/author writers. . .." (excerpted from Amazon.com). The full review is found on http://www.rebeccasreads.com/ William C. McLain, a capital appeals attorney from Tallahassee, Florida, describes 'Death Row Defender' as: ". . . a page turner. . . compelling . . . crisp and fast . . . captures the stress, the frustration and the excitement that accompanies the defending of a capital case through the courts." (From the back cover of 'Death Row Defender') In addition to being a member of EPIC, Dix is a member of the Mystery Writers of America http://www.mysterywriters.org/ and is active in the organizations Florida Chapter http://www.mwa-florida.org/index.htm. He is also a member of the Maryland Writers Association http://www.marylandwriters.org/, and the Florida Writers Association http://www.floridawriters.net/ As a capital crimes defense attorney for the State of Florida, author Ray Dix helped provide the last line of defense for men and women sentenced to die. As an Assistant Capital Collateral Representative in Tallahassee, he reinvestigated murder convictions and assisted in death row appeals. Mr. Dix also worked as an Assistant Public Defender, where he tried juvenile, misdemeanor and felony cases, and wrote several hundred appeals. Dix served in both the Army Security Agency (1966-1970) and the Coast Guard Reserves (1974-1976). He later designed and built boats on the Chesapeake Bay. Ray Dix lives in Florida, where he enjoys beaches, sunsets and sailing. He is currently writing the next Woody Thomas Novel. The publisher of 'Death Row Defender,' Hard Shell Word Factory, is a royalty paying publisher of works by established and new authors for sale in electronic and trade paperback format. Hard Shell Word Factory publishes book-length quality non-fiction and fiction--Romance (all categories), Mystery & Suspense, Action & Adventure, Science Fiction, Fantasy, Horror, Western, Historical, Mainstream, Young Adult and Children's books. 'Death Row Defender,' is distributed in print through Ingram, and is available in e-book and trade paperback through on-line and brick-and-mortar booksellers. The novel is also available directly through the publisher in both formats on line at: www.HardShell.com e-book ISBN 0-7599-4259-5 ---- paperback ISBN 0-7599-4260-9 (source: PR Web) **************** Twenty-First Century Injustice Here we are in the 21st century, yet the United States is still not fully civilized. Unlike most other industrialized countries, we still execute people in the name of the state. To answer killing with more killing is obviously barbaric, an act of crude revenge and retribution. Capital punishment is cruel and senseless, a primitive instrument that brutalizes society by justifying killing as a means to an end. Those who are executed, furthermore, are overwhelmingly poor people of color, often mentally ill, often represented by poorly paid, sometimes incompetent lawyers - and not necessarily guilty. Capital punishment does not deter crime, as its vengeance-seeking advocates assert. Rather, it deters us from trying to rehabilitate rather than simply punish transgressors, from trying to cure the societal ills that lead to criminal conduct and from establishing a truly fair and equitable system of justice. Nothing has made that clearer than the recent execution in California of Stanley Tookie Williams, a state-sanctioned killing that understandably drew widespread international attention and condemnation. No one denies that Williams had a violent criminal past. As a poor teenager living in the black ghetto of South Los Angeles, he helped found and lead the notorious Crips street gang in 1971. There's plenty of doubt, however, over whether he was guilty of the four 1979 murders for which he was executed. Much of the case against him was based on circumstantial evidence and the testimony of an accomplice to the robberies involved who had very good reason to put the blame on Williams. Guilty or not, there's also no denying that Williams was a violent presence on death row, so violent he spent the first half-dozen of his 24 years there in solitary confinement. But then he changed. He began speaking out and writing against the gang life he had led. Williams co-authored 8 books on the evils of gangs and violence generally and 2 autobiographies about his gang life and the perils of prison that are used in middle and high schools nationwide and in Britain, South Africa and other countries. He wrote a model "peace protocol" widely used by gangs seeking peaceful co-existence and helped arrange truces between them. He often spoke via videotape and telephone to groups trying to develop ways to end gang violence. He was nominated six times for a Nobel Peace Prize, with the support of more than 30 professors at colleges in the United States, Canada, Britain and Australia. They said Williams probably had saved hundreds of lives by turning young people away from violent confrontation and had persuaded thousands to leave or stay out of gangs -- and could continue to do so. NAACP President Bruce Gordon said Williams' "unique experiences, insights and perspectives enable him to reach young people as no other person I know." Tookie Williams was, in a word, rehabilitated. He was no longer a danger to society. He had become a valuable asset. But that was not enough for California Gov. Arnold Schwarzenegger. Clearly seeking to shore up declining support from his conservative base, the governor turned down Williams' plea for clemency. He said he could not spare him because Williams refused to confess to murders he denied committing. The governor insisted on the eye-for-an-eye, tooth-for-a-tooth justice used by gangs, insisted on the state responding to alleged acts of killing with its own act of killing. "It would be refreshing to see the state articulate the values of grace, mercy and redemption," noted State Assemblyman Mark Leno. "Unfortunately, the governor missed an opportunity to do just that." And so 51-year-old Tookie Williams was strapped down on a gurney in the death chamber at San Quentin Prison a few minutes after midnight on December 13. 39 witnesses stared in mute and horrified or revengeful witness as a nurse struggled for 12 minutes to insert a needle into his heavily muscled arm, and for 24 minutes more until the poison finally killed him. Singer Joan Baez, who was among more than 2,000 protesters outside the prison, aptly described it as "a planned, efficient, calculated, antiseptic, cold-blooded murder." That was all right, however, with those who endorsed Schwarzenegger's Neanderthal brand of justice. "Kill Tookie!" 2 shock jocks broadcasting live shouted into microphones. Behind them a man carried a sign, "Hang the Bastard." Several passing motorists rolled down their windows to join in with choruses of "Kill him!" One of the many young people who said their lives had been changed by Williams saw the execution as evidence that "no matter how good you become, they still crush you. This guy couldn't have got any better." Could there possibly be a stronger argument against capital punishment? (source: Z Magazine) MISSISSIPPI: Man's 3rd death sentence to be reviewed----High court also to hear Ocean Springs' appeal on legality of impact fees Curtis Giovanni Flowers has been down this road before. Twice, to be exact. The Mississippi Supreme Court has scheduled oral arguments for Feb. 8 on Flowers' 3rd conviction for capital murder in the deaths of 4 people during a shooting spree at a Winona furniture store in 1996. Death penalty cases are automatically reviewed by the Supreme Court. Flowers was convicted and sentenced to death in 2004 in Montgomery County. Twice before, Flowers was convicted of capital murder involving one of the victims and each time his conviction and death sentence were thrown out on appeal. The 1st time, Flowers was charged with killing Bertha Tardy, 59, the owner of Tardy Furniture Store. The 2nd time, he was found guilty of killing store employee Derrick Stewart, 16. The Supreme Court in both cases held that prosecutors erred in introducing evidence from the other 3 cases instead of focusing on 1 case. The justices said prosecutors went too far in the questioning of witnesses about all 4 murders, in offering photographs of the victims into evidence and in arguments to jurors linking Flowers to the other crimes. Flowers, now 35, argued that references to the other killings turned the jury against him. In 2004, Flowers was convicted of all 4 murders - Tardy, Stewart, store employee Carmen Rugby, 45, and delivery man Robert Golden, 42. Flowers also was convicted of robbing the store of at least $400 that was in the cash drawer. Prosecutors said Flowers, who had been fired from his job at the business, had not received his last paycheck. Defense lawyers claimed Flowers was at a relative's home at the time of the murders. In another case, the Supreme Court is scheduled to hear Feb. 15 from the city of Ocean Springs, which has appealed a judge's ruling that impact fees are illegal. Impact fees are charged to developers to finance services required by a new development. Such fees are used to build streets, sidewalks and sewers in new developments. The fees also are used to shift the costs of those services from taxpayers to the development's residents. (source: Associated Press)
