Aug. 22
ARIZONA:
Alleged child killer seeks change of venue
Defense attorneys for a Bullhead City man facing the death penalty for
allegedly murdering an 8-year-old girl last September has asked Judge Lee
Jantzen for a change of venue.
Attorneys Gerald Gavin and Ron Gilleo in court documents said media attention
to the crimes Justin James Rector has been charged with "has, and will continue
to saturate this relatively tiny locale regarding his case, making the task of
obtaining a jury not tainted by coverage of the alleged details of the crime,
and detailed accounts of the pretrial legal activities, nearly impossible."
The attorneys said Rector, 27, understands reporters are attempting to "do
their job," but since his life is at stake, he is concerned that the limited
number of news outlets in Mohave County and the gravity of the alleged crime
might prejudice the jury against him.
The attorneys in court documents specifically mentioned a recorded telephone
conversation between Rector and his father that was released to the media. A
remorseful Rector essentially confessed to killing Bella Grogan-Cannella and
told his father he intended to plead guilty.
Gavin and Gilleo cited several legal precedents that support a change of venue
due to pretrial publicity, particularly in death penalty cases. Their argument
is that Rector's right to a fair trial can't be met in Mohave County, but the
case gained national attention last fall. It sparked outrage here and
elsewhere, in large part because of the lifestyle of the girl's parents, who
were arrested for selling methamphetamine a couple of weeks after
Grogan-Cannella's partially-clad body was found buried in a shallow grave in a
wash about a mile from her home. There was no evidence indicating the child had
been sexually assaulted.
In a separate matter, Gavin and Gilleo accused the Mohave County jail of
interfering with Rector's defense. The issue involves a defense request to
provide Rector with a laptop he could keep in his cell and access at anytime to
review CDs and DVDs containing the evidence against him.
Rector apparently said detention officers entered his cell and reviewed his
legal materials.
"Defense counsel would ask the court make clear Mr. Rector's legal materials
are not for review and analysis by detention staff," the attorneys wrote.
Prosecutors opposed giving Rector the laptop for a number of reasons, including
the fact he had not yet been provided any CDs or DVDs to review.
Defense attorneys countered they would not provide them because doing so could
compromise Rector's case - and safety - if he had to use a room at the jail to
review the material that apparently doesn't afford privacy.
Rector's next court date is set for Sept. 30.
Calls made after hours to Gavin at his Mesa office were not immediately
returned.
(source: Kingman Daiy Miner)
USA:
F is for Forgiveness
Forgiveness is "the intentional and voluntary process by which a victim
undergoes a change in feelings and attitude regarding an offense, lets go of
negative emotions such as vengefulness, with an increased ability to wish the
offender well." Forgiveness is not always easy.
About a dozen years ago in Albany, NY, I witnessed an extraordinary event: 4
men touched by violence, coming out to speak against the death penalty. Bill
Babbitt, seeing his mentally ill brother Manny, who he had turned in to the
authorities, executed for murder; David Kaczynski, who turned in HIS brother
Ted, the Unabomber; Gary Wright, who himself was almost killed by Ted
Kaczynski; and Bud Welch.
They all had compelling stories, but Bud's moved me the most. In April 1995,
his "23-year-old daughter, Julie Marie, was killed in the bombing of the Murrah
Federal Building in Oklahoma City along with 167 others ... In 2001 Timothy
McVeigh was executed for his part in the bombing."
Bud Welch's story shows up in that Jesus for President book I've been reading:
He said he went through a period of rage when he wanted Timothy McVeigh to die.
But he remembered the words of his daughter, who had been an advocate for
reconciliation against the death penalty. She used to say, "Execution teaches
hatred." It wasn't long before Bud had decided to interrupt the circle of
hatred and violence and arranged a visit with McVeigh's family. Bud said he
grew to love them dearly, and to this day says he "has never felt closer to
God" than in that union.
He decided to travel around the country, speaking about reconciliation and
against the death penalty, which teaches that some people are beyond
redemption. And he pleaded for the life of Timothy McVeigh. As he worked
through his anger and confusion, he began to see that the spiral of redemptive
violence must stop with him. And he began to look into the eyes of Timothy
McVeigh, the murderer, and see the image of God. He longed for him to
experience love, grace, and forgiveness. Bud believes in the scandal of grace.
Bud's narrative I also found on a page called The Forgiveness Project, which
uses the process of restorative justice to try to heal both the victim and the
perpetrator of wrongs.
Similarly, I came across Project Forgive, which was initially sparked by a
different kind of tragedy, a man's wife and 2 children being killed by a drunk
driver.
The Mayo Clinic notes that forgiveness is good for your health. Forgiveness can
lead to:
Healthier relationships
Greater spiritual and psychological well-being
Less anxiety, stress and hostility
Lower blood pressure
Fewer symptoms of depression
Stronger immune system
Improved heart health
Higher self-esteem
But as I mentioned at the outset, forgiveness is not always easy...
(source: Roger Green, Times Union)
******************
Trial for Accused 9/11 Terrorists Delayed Once More----The trial of the
suspected 9/11 "masterminds" has been delayed once again.
As we near the 14th anniversary of the terrorist attacks of September 11, 2001,
the 5 men accused of being the "masterminds" still have not been granted a
speedy trial. After several years of delays, the trial was once again set back
last week as the U.S. military canceled another pretrial hearing.
Reuters reports that a spokesman for the Department of Defense said the hearing
scheduled for August 24 through Sept. 4 was canceled by James Pohl, an Army
colonel and judge for the trial.
"The judge cited issues that remain unresolved with regard to a claimed defense
counsel conflict of interest," said Commander Gary Ross.
The conflict of interest first became an issue in 2014 when the defense
attorneys for Khalid Sheikh Mohammed and the 4 alleged co-conspirators said
they believed they were being spied on by the Federal Bureau of Investigation.
Foreign Policy reported, "the FBI had secretly conducted an investigation into
possible wrongdoing on the part of one or more members of the 5 separate
defense teams (one for each defendant). Such an investigation could put defense
team members in the untenable position of having to provide information to
defend themselves or others against possible criminal action - information that
could be used against the interests of their own clients."
There was also the issue of interference from outside sources during the
hearings. FP continues:
"In January 2013, the court's audio-visual feed, visible to a small set of
commission observers, was abruptly cut off by someone other than Judge Pohl;
previously, Pohl was believed to be the only person with the authority to use
the unique-to-Guantanamo "kill-switch." Later, a clearly annoyed Pohl learned
that something called the Original Classification Authority (OCA) - which is
likely the CIA given that most of the information subject to censorship in the
case is related to the agency's rendition, detention, and interrogation program
- had hit the kill switch. Judge Pohl promptly cut off their privileges.
In February 2013 it was revealed that listening devices were hidden within
smoke detectors, possibly infringing upon attorney-client privileges. The
defense also claimed their emails and work files were disappearing. Former
defendant Ramzi Bin al-Shibh was also removed from the trial by the judge in an
attempt to speed the process along after so many delays. However, critics argue
that al-Shibh was removed because he refused to be quiet, complaining loudly of
sleep deprivation.
Wright was a veteran of the military since 2005, serving 15 months in Iraq and
has working as a Judge Advocate. He was extremely critical of the government
and their efforts to slow or hinder the trial. "All 6 of these men have been
tortured by the U.S. government," he told NPR.
The slow progress of the trial corresponds with a report by the Telegraph in
2012, which stated that the trial would likely not begin for another 4 years in
2016. When ever the trial finally does get underway the public will not know
much about what these men have to say because the proceedings will not be
televised or publicly available. In 2012, Al-Jazeera reported, "The government
has produced a protective order to make everything the defendants say
presumptively classified, pending completion of a classification review."
The 5 men have been held since 2002 and 2003. They face the death penalty if
found guilty in the planning of the September 11 attacks. The attacks of that
day took the lives of nearly 3,000 people. Since that time, a real
investigation into not only these men, but the entire events of that day, has
been stifled by the U.S. government.
If this nation wishes to reclaim the idea of a nation of justice and laws,
these men must be given a proper trial. Once the truth about that day finally
comes to light, then, and only then, will this country begin to truly heal from
the wounds of September 11, 2001.
(source: truthinmedia.com)
*****************
The death penalty makes real punishment a sure thing
To the editor: Kevin M. Barry quotes Democratic Connecticut state Sen. Edith
Prague's call in 2011 for a medieval-style public penectomy for home-invasion
killer Joshua Komisarjevsky, and then grieves that "this is the festival of
cruelty that the death penalty incites." ("State by state, the death penalty is
losing ground," Op-Ed, Aug. 19).
No, it is the overturning of a death penalty that bends over backward to be
humane that incites festivals of reaction.
Barry asks, "Do we approve [of lynching], or have we evolved?" Clearly, capital
punishment in Connecticut has evolved - from state-sanctioned hanging in 1639
to the electric chair in 1937 to lethal injection in 2005. But the state has
demonstrated no evolution away from cruel and unusual crimes. Maybe that's why
Prague, then 85, still believed in vengeance.
Others may not believe in such vengeance, but until life in prison is not
conditional on "evolving standards of decency," only death can prevent parole.
Bruce Swanson, Glendale
(source: Letter to the Editor, Los Angeles Times)
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