The volunteer army

From: Bill Reed
Sent: Thursday, June 23, 2011 11:31 AM
To: Criss, Susan
Subject: FW: Needing volunteers for Galveston County "No-Refusal" weekend for July 1,2,3 @ Dickinson Police Department: 8pm-4am 

Judge: are you available? So far Lonnie and Ellisor are in. Grady is out of town. thanks, BR

*****

From: Bill Reed
Sent: Wednesday, August 24, 2011 9:59 AM
To: Ellisor, John; Cox, Lonnie; Mallia, Wayne; Criss, Susan; Dupuy, Christopher; Grady, John
Subject: looking for volunteers for No Refusal Weekend for Labor Day: 9/2/11-9/4/11 

Any takers? Thanks, BR

Looking for volunteers?

Or, are you looking for judges who will blindly sign a warrant authorizing a forcible blood draw based on a fill-in-the-blank affidavit? Are you looking for judges who buy into your notion that a person accused of driving while intoxicated has fewer rights (or at least less-important rights) than a person charged with any other offense? Are you looking for judges who agree that we should do whatever it takes to coerce people into pleading guilty to DWI?

You see the DA's Office is hand-picking its judges. They're going back to the judges who have signed, without question, warrants in the past and who are more than willing to continue to do so. The last thing the state wants is a judge who might just question this practice.

No. The deck must be stacked against the citizen accused. Even if we have to make an absolute mockery out of a document we all took an oath to uphold.

What, you think these judges are actually reading these affidavits and asking themselves if the officer has but forward enough facts to support his arrest decision?

From: Chris Paschenko
Date: Friday, Dec 31, 2010 12:01 pm
Subject: DWI arrests
To: Judge Susan Criss 

We[re] you working and in what capacity when [L.B.] and [T.R.] were arrested? I'm told it was DWI. Also seeking on the record comment.
Thanks.
Chris

*****

From: judgecriss
To: Chris Paschenko
Sent: Fri, Dec 31, 2010 12:39 pm
Subject: Re: DWI arrests
I was the judge at the station last night there to sign warrants worked 8pm to 4 am. Rules do not allow me to comment on the cases. Signed LB blood search warrant. Other waived need for warrant.

What else needs to be said about the mechanics of a No Refusal Weekend. There you have a judge telling a reporter that she was at the station "to sign warrants."

Not to review them. But to sign them.

Sadly, most folks don't care. They see nothing wrong with jabbing needles in someone's arm because you think they might have been intoxicated. Hey, we're out there keeping you safe. And these are the same folks who are more than willing to suffer any indignity at the hand of TSA employees just so they can board a plane. Hey, gotta keep us safe from terrorists.

Maybe we're just so self-absorbed that we simply don't care if the government is intruding on someone's rights - so long as we're not the one being trampled upon. As long as it's then that the government is after it's okay. The only problem is that at some point there will be no more them to protect you from the coercive power of the state. And, by then, it will be too late.

Police union targets city official who spoke out against police brutality

It would seem that Houston city councilwoman Jolanda Jones is paying the price for speaking out against the police. Ms. Jones has spoken out repeatedly about the problem of police brutality in Houston. She also raised concerns about the way the department operated its crime lab.

Now the Houston Police Officer's Union is striking back. Union vice president Ray Hunt has sent a letter to Harris County District Attorney Pat Lykos asking her office to look into whether or not Ms. Jones was practicing law without a licence last month.

This isn't the first time Mr. Hunt has been involved in lodging a complaint against Ms. Jones. He is the one who pointed out that Ms. Jones put her city office phone number on her business card. He alleged that she was using city resources to operate her private law firm. Ms. Jones was cleared of those charges when the DA's office announced there wasn't enough evidence to prove any wrongdoing.

The latest allegations stem from two legal documents signed by Ms. Jones after her license to practice law had been suspended for her failure to pay her bar dues and occupational taxes on time.

This fight isn't about Ms. Jones' ethics. This fight is about whether or not the city is going to turn a blind eye to police brutality. Earlier this year I sat with Ms. Jones at a forum on police brutality. She was the only elected city official to appear at the town hall meeting. Her willingness to speak out in such a forum spoke volumes.

Mr. Hunt and his group are involved in the classic misdirection play. Instead of focusing on the issue of police brutality, Mr. Hunt would rather throw mud at Ms. Jones in an attempt to discredit her. If you can't debate the issue on the merits, go for the dirt.

The problem with Mr. Hunt's tactics is that the cat is out of the bag now. We've seen the videos. We know that  the police beat suspects for no reason. They do it because they can and because they think they can get away with it. And for a long time they did. The city turned a blind eye to the problem - as long as it could be made to go away.

Mr. Hunt is playing the public like a little child. We all know the punishment for contempt of cop. I've had clients who have been punched, kicked or tased multiple times. If there was no video camera or eyewitness willing to testify, it was just a perp's word against a police officer. And guess who judges and juries believed.

Maybe Ms. Jones has skirted the rules. Maybe she hasn't acted ethically. Maybe she did practice law without a valid license. Those are issues with which Ms. Jones must deal. But none of that changes the fact that the police beat suspects and Ms. Jones called them out on it.

Don't fall for the misdirection play. Keep your eye on the ball.

Williamson County DA dragged kicking and screaming toward justice

John Bradley did his best to keep Michael Morton locked up behind bars. Even while presiding over the (emasculated) Texas Forensic Science Commission, the Williamson County District Attorney fought efforts by Mr. Morton's attorneys to conduct DNA testing on evidence introduced during in 1987 trial. Mr. Morton was charged with and convicted for the murder of his wife.

But it was all to no avail.

Mr. Morton is a free man once again, having been freed from the state penitentiary after Travis County prosecutors linked evidence found at the scene of the Morton murder with evidence found at another murder. That's right. Not Williamson County prosecutors. Prosecutors from down I-35.

There are also allegations that Williamson County prosecutors withheld evidence that might have exonerated Mr. Morton at trial. Apparently no one in the office thought they needed to turn over evidence that one of Ms. Morton's credit cards was used in San Antonio two days after her death or that someone cashed a check by forging her signature nine days after she was murdered.

Details. Details. Details. I mean, you can't possibly expect prosecutors to tie up every last loose end can you? We need to move these cases along. We need closure, dammit!

Bexar County Judge Sid Harle offered Mr. Morton his apologies after setting him free.

"You do have my sympathies," Harle said. "We don’t have a perfect system of justice, but we do have the best system in the world."

Unless you're behind bars for over two decades for a crime you didn't commit, I suppose.

Of course Mr. Bradley sought to deflect criticism for his role in keeping an innocent man behind bars. We all know that Mr. Bradley is very interested in seeing that justice is done. Just take a look at his record while turning the forensic science commission into a coffee klatch.

According to a story in the Texas Tribune, Mr. Bradley was wrapping himself in the flag and acting the part of the hero after Mr. Morton's release.

Williamson County District Attorney John Bradley said that the new developments - which he said were a lightning bolt type of discovery - warranted a reversal of Morton's murder conviction. 

"It is my just, as district attorney, to make sure that justice is done," Bradley said after the court action today.

Well, I guess it's too late to worry about whether justice was served when Cameron Willingham was murdered by the state of Texas for a crime he didn't commit. After all, he was already dead, what good is justice when you're six feet under?

Mr. Bradley has some nerve to characterize the evidence the way he did after he fought tooth-and-nail for six years to prevent DNA testing. Where was his desire to see justice done then?

Tragedies such as Mr. Morton's are what happen when we worship at the altar of finality rather than justice.

Morton Findings

See also:

"Free! But damn! 25 years," Gamso for the Defense (Oct. 4, 2011)

"Belated justice in Williamson County for innocent man delayed for years by DA opposition to DNA testing," Grits for Breakfast (Oct. 3, 2011)

"Morton to be freed from prison today," Austin American-Statesman (Oct. 3, 2011)

"John Bradley called too biased to fairly evaluate DNA innocence claim," Grits for Breakfast (Aug. 17, 2011)

Filling in the blanks

June 25, 2008 

"The Galveston County Criminal District Attorney's Office is coordinating another no-refusal weekend for Friday July 3 and Saturday July 4, 2009. Dickinson Police Department has graciously agreed to host the event again this year. Judge Lonnie Cox will be our judge for Friday night and Judge John Ellisor will perform those duties on Saturday night. The hours of operation will be from 8:30 PM on July 3, 2009 until 4:30 AM on July 4, 2009 and against at 8:30 PM on July 4, 2009 until 4:30 AM on July 5, 2009... 

I have attached the search warrants and affidavits for search warrants. The search warrant returns can be done immediately after the blood draw is performed." 

-- Galveston County Assistant District Attorney Joel H. Bennett

That's right. We've got your search warrant and affidavits right here. They're ready for you to fill in the blanks and type 'em up. No need to make an officer actually recite the facts in a case that gave rise to his belief that the driver was intoxicated at the time of driving. Nope. Just plug in your name and the motorist's name and we're in business.

I understand prosecutors and police wanting fill-in-the-blank affidavits, it allows officers to spend more time on the streets harassing citizens policing. But what's the judge's excuse for signing a warrant authorizing a forcible blood draw based on a fill-in-the-blank affidavit. Somehow I'm not thinking that would cut it if a district judge were trying to decide whether or not to allow the police to enter someone's house to search for evidence of a crime. In fact, I know it wouldn't. But, then again, we're only talking about a misdemeanor. What's the big freaking deal, anyway?

I mean, all we're asking to do is to perform an invasive procedure on a motorist based on our hunch that she might be intoxicated and the fact that she exercised her right to refuse a breath test. Well, that and we can strap her down if she resists. But, c'mon, why all the hoops?

January 2, 2011 

"The morning of December 30, 2010, Fox 26 News began to air footage preparing the public for our initiative, as I addressed the public and presented a "warning and awareness" that our intentions were to increase public safety by removing DWI offenders from our roadways on Galveston Island and a Zero Tolerance No Refusal approach method would be in effect to combat this problem... 

"With the assistance of the following agencies the effort was a success:

• UTMB

• Galveston County District Attorney's Office

• District Judge Lonnie Cox

• District Judge Susan Criss

• County Judge John Grady

• The Galveston Police Department Command Staff

• The Galveston Daily News

• Fox 26 News

• Texas Highway Patrol

"Over the last month I have been in correspondence with the listed agencies and the initiative was proven a success. 

-- Chad Powers, Galveston Police Department

What could possibly be more clear as to the role of the judges in these assaults on the Fourth Amendment? It's not the job of a judge to assist in the arrest and/or prosecution of anyone. It is the role of the judge to sit as a neutral arbiter in a legal proceeding. When the police begin thanking judges for assisting in their initiatives, it's time to start questioning the role of those judges in our criminal (in)justice system.

Since most of these DWI cases will be filed in county court as misdemeanors, two of the judges (Grady and Dupuy) reviewing warrants on suppression hearings are two of the judges who volunteered to approve these fill-in-the-blank form affidavits. And just how do you think those rulings are going to go?

Slowly but surely the judiciary is being subsumed into the trial division of the district attorney's office. Maybe it makes for great copy during campaign season. Maybe the voters like it. You know, the voters who either blindly mark R or D on their ballot or think that judicial candidates should sound like they're running for sheriff or DA.

It's time to occupy Houston

This comes from the organizers of Occupy Houston

On Thursday, October 6th There will be a dignified and peaceful protest in Houston similar to the one on Wall Street.

The purpose is to awaken our consciousness and the consciousness of our brothers and sisters within the corporate and political institutions that have spun out of control. Centuries of deference to an outside authority is bearing bitter fruit. Our environment, our food and our communications are growing toxic. We have become a country where the truth of compassion has given way to the delusion of competition. Many of our brothers and sisters in business and politics are caught by the blind forces of greed and they are suffering. This is causing great suffering for everyone else. We as “consumers” are also caught by these blind forces. The desire to acquire and the fear of loss create anger and hatred, suspicion and jealousy. These are the forces which feed and nurture an increasingly global economy that is destroying the earth’s capacity to nourish us.

We can save ourselves if we are willing to take a peaceful and compassionate first step. Fear is what got us into this mess, so we should remember that there is nothing in the entire cosmos which is worthy of fear. All of the bogies we torment ourselves with are products of our own perception. All bad actions are rooted in suffering and the only antidote for suffering is compassion. We cannot fight the powers of greed with force. Jesus said it. The Buddha said it. Muhammad said it. Our own life experience has shown it. We must remember this and dispel anger and hatred. Within our heart's refuge we are always free. We enslave ourselves by the notion of possession. We truly own nothing. Our bodies, family members and friends, our “property,” memories – all empirical things are subject to change. Once you think you possess something, the inevitable result is attachment, you are under a psychological yoke to whatever forces which may deprive you of your desire.

Serenity, compassion, fulfillment and cooperation are the vehicles which can lead us out of darkness. This is where we can draw the strength to protest in peace and dignity. We are young and strong and able to lend a hand in waking up our sleepy neighbors to the blind and wonton destruction of our common ancestor. At any rate, it will be a cool experience on a nice fall day and a nice opportunity to get together on something that can benefit us all. Here is a link if you would like to know more:

http://occupyhouston.org/

The protest will commence with an assembly in Market Square Park at 8:30am followed by a march to the JP Morgan Chase Tower at 9am. Following an hour-long rally, there will be a march to Hermann Square (in front of City Hall) at 10am to being the occupation.

Ask not for whom the whistle blows

For the past two decades the breath alcohol testing program in Harris County was run by Lone Star College (formerly North Harris Montgomery College). But no longer.

Yesterday Harris County commissioners voted to award the contract to the Texas Department of Public Safety. Harris County District Attorney Pat Lykos has been accused of pressuring commissioners to make the change in retaliation to Lone Star's hiring of Amanda Culbertson as a technical supervisor.

Ms. Culbertson, as you may remember, testified this summer about problems with the Houston Police Department's breath testing vans. She testified after being subpoenaed by a local defense attorney (and served by my brother). In her testimony she alleged that the higher-ups in the HPD crime lab had turned the lab into a hostile work environment because she dared to speak up about the problems.

County commissioners did Ms. Lykos no favors by deferring responsibility for the change to Ms. Lykos. She might want to get the license plate number of the bus she was thrown under.

Knowing what I know about Ms. Lykos, I don't find it a stretch to believe that she was behind the move. It would appear to be par for the course (for more on Ms. Lykos and her gang that can't shoot straight, check out Murray Newman's Life at the Harris County Criminal Justice Center blog).

The other day I wrote that I had a few problems with local criminal defense attorneys coming to Ms. Culbertson's defense. I still find it disturbing and short-sighted. Ms. Culbertson was a true-believer until she ran across problems with the batmobiles that she couldn't defend.

But, Ms. Culbertson was not a whistleblower. She never went to the media to let them know about problems with the breath test machines in the vans. She never volunteered that information at trial. The only reason she testified about those problems in open court was because Dane Johnson had made an open records request and had obtained e-mails documenting the problems. She had no choice but to testify that the machines were unreliable in that environment.

If Ms. Culbertson left HPD because she felt intimidated for raising questions about the batmobiles, then it's shame on HPD for allowing it to happen. But if we're supposed to be up in arms because the county decided not to renew the contract with Lone Star, let me off the train. It would seem that we're forgetting that what the government giveth, the government taketh away.

When your job depends on government largesse, you must understand that what's here today may be long gone tomorrow. So maybe it was retaliation and maybe it wasn't. That's just politics.

Should I bring a pen along?

Last August I wrote about documents I received through an open records request for documents related to No Refusal Weekends in Harris County. See here, here, here and here.

Today it's time to take a trip down the Gulf Freeway to the island to what Galveston County officials have been up to when it comes to making a mockery out of the Fourth Amendment.

June 27, 2011 - 

"Special Crimes Prosecutor Bill Reed has coordinated preparations for this event, which will take place in Galveston County this Friday, Saturday and Sunday nights from 8 pm through 4 am at the Dickinson Police Department. (Special thanks go to Chief Morales for his hospitality.) Bill has enlisted the cooperation of Judges Lonnie Cox, John Ellisor and Christopher Dupuy to approve and sign the blood search warrants, as well as nurses who will be present and ready to make the blood draws." 

-- Galveston County District Attorney Jack Roady (group e-mail)

The DA's Office has "enlisted the cooperation" of judges to "approve and sign" search warrants authorizing blood draws. As I have stated many times before, if the state is "enlisting" judges to participate in this spectacle, the deck is already stacked against anyone accused of driving while intoxicated. And, yes, that Christopher Dupuy.

Hmmm... how might that conversation go?

Prosecutor: "Judge, I was wondering if you'd like to volunteer to approve and sign search warrants for blood draws during our No Refusal Weekend?"

Judge: "Ordering a blood draw on a misdemeanor case? That's insane."


Prosecutor: "I'll take that as a no. Next!"

August 31, 2011 - 

"Special Crimes Prosecutor Bill Reed has coordinated for this event, which will take place in Galveston County this Friday, Saturday and Sunday nights from 11 pm through 4 am at the Dickinson Police Department. Bill has enlisted the cooperation of Judges John Ellisor, Christopher Dupuy and John Grady to approve and sign the blood search warrants, as well as nurses who will be present and ready to make the blood draws." 

-- Galveston County District Attorney Jack Roady (group e-mail)

Please note, no one is talking about reviewing warrant applications. The judges are there to approve the warrants and subject motorists to an intrusive procedure. This is limited government? Oh, now I understand, they were talking about limiting the authority the judiciary has over the police, not the authority of the state over the individual. That makes so much more sense now.

An application for a search warrant should be reviewed by a neutral and detached magistrate. Once a judge accepts the pitch from the DA to be a part of the team for a No Refusal Weekend, that judge loses any claim to being detached. Either he was asked to participate or he volunteered - either way, the judge is far from neutral.

And despite "fill in the blank" warrant applications that are long on conclusions and woefully short on facts, these "neutral and detached" judges are more than happy to take pen to paper to authorize the shredding of the last remnants of the constitution.

Danish fat tax is the biggest loser

This past weekend Denmark became the first country to place a tax on fatty foods. Worried that Danes are getting fatter, the outgoing government imposed a tax on the saturated fat content of food items. Over the past few weeks, Danes have been hoarding butter, bacon and precooked foods.

The stated aim is to reduce the demand for foods with high levels of saturated fats. Or, maybe the aim was to find a new source of revenue for the government.

Either way, the fat tax is a bad solution looking for a problem.

The purpose of a tax is to raise revenue, not to promote social policy.

If the tax is designed to reduce consumption of saturated fats, it won't be the revenue raiser the government hopes. If the tax is designed to increase revenues, it won't make people forgo fatty foods. The goals are mutually exclusive.

To raise revenues the tax must be low enough that it won't discourage Danes from buying fatty foods. If the tax doesn't alter Danish food buying habits then it will have failed its social purpose.

On the other hand, to discourage Danes from eating fatty foods, the tax must be high enough to make folks look for less expensive alternatives. If Danes begin to look at the marginal cost of that pizza or slab of bacon when deciding what to buy, the tax will not bring in the projected revenues.

And then there's Germany and Sweden - both within driving distance of most Danes. Sure, you might have to drive a couple of hours out of your way, but you can still purchase fatty foods without being taxed for it across the border. And that kind of behavior is a double-whammy to Denmark - not only will the tax not reduce the intake of fatty foods, another country will be enjoying the revenue from increased sales of food items.

All in all, an idea that leaves a sour taste in everyone's mouth.

Thinking before speaking

Why would some local criminal defense attorneys be singing the praises of ex-HPD crime lab technical supervisor Amanda Culbertson?

Ms. Culbertson left the beleaguered HPD crime lab earlier this year as a result of what she called retaliation on the part of department employees after she raised questions about the accuracy and reliability of breath test machines in the departments BATvans.

Now Harris County Commissioner's Court is looking at whether to renew a contract with Lone Star College to manage breath test machines in the county or turn over their machines to the DPS. Adding drama to the events is the fact that Ms. Culbertson now works for Lone Star College (along with one of her former colleagues Jorge Wong).

Tyler Flood, Mark Thiessen and Brent Mayr spoke at the most recent meeting of the county commissioners to voice their belief that the county is retaliating against Ms. Culbertson for recently speaking out about problems with the BATvans.

Mr. Mayr told county commissioners that the county's technical supervisors are "committed to justice" and to seeking the truth. He said that he believed the contract was in jeopardy because the DA's office was more concerned about chalking up convictions than seeking justice.

Referring to technical supervisors as scientists is stretching the truth just about as far as it can be stretched. Technical supervisors are hired to maintain breath test machines in Texas. Their job is to ensure that the machines are working and to remove malfunctioning machines from service. They must also testify in criminal proceedings that the particular machine was working properly and that the breath test was conducted per Texas guidelines.

They are not paid to be objective. They are not paid to take a critical view of the breath test machine. They are paid to work with police and prosecutors to obtain convictions against motorists accused of driving while intoxicated.

They are no more committed to justice than the rulers of Yemen or Syria.

By singing Ms. Culbertson's praises these attorneys are telling future jurors that she speaks the truth; that she views science as impartial; that she wants to make certain that innocent folks are convicted of DWI.

Is that the image you want jury panels to come into the courtroom with? Are you sure you want to puff up the person who will testify - without any evidence other than a number on a test slip - that your client was intoxicated at the time she was driving?

I understand realpolitik and that the enemy of your enemy may very well be your friend -- but never forget the fox who offered to carry the gingerbread man across the river.

Let the county switch from Lone Star College to the DPS. It doesn't really matter. In the end the police, the technical supervisors and the judges are all working to see that your client is convicted. Maybe Ms. Culbertson had some interesting things to say about the batmobiles -- but it doesn't mean she's a friend of the defense.

Death without due process

No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation. -- 5th Amendment

The United States has killed two of its own. On Friday, under orders from President Obama, a US military airstrike resulted in the death of Ayman al-Zawahri, an American-born cleric who had become a vocal critic of US policy. Killed alongside Mr. al-Zawahri was Samir Khan.

In July, U.S. Defense Secretary Leon Panetta said al-Awlaki was a priority target alongside Ayman al-Zawahri, bin Laden's successor as the terror network's leader.

The Yemeni-American had been in the U.S. crosshairs since his killing was approved by President Barack Obama in April 2010 — making him the first American placed on the CIA "kill or capture" list. At least twice, airstrikes were called in on locations in Yemen where al-Awlaki was suspected of being, but he wasn't harmed.

Mr. al-Zawahri and Mr. Khan weren't arrested for anything. They weren't charged with anything. They were never indicted. They were never tried before a jury of his peers. They were never convicted of any crime against the United States.

There was no due process of law. Mr. al-Zawahri and Mr. Khan, were deprived of their most basic rights because they dared to voice criticism of US policy in the Middle East.

President Bush (the Younger) created a shitstorm when he ordered suspected terrorists and their supporters to be held indefinitely in prison. People were also up in arms (at least those who knew what was going on) about the expanded powers given to the government to spy on its own citizens. But neither of those policies holds a candle to ordering the death of American citizens without affording them due process of law.

As flawed as the Troy Davis situation may have been, at least he was afforded his day in court. That's more than Mr. al-Zawahri and Mr. Khan were given. If los federales had the goods on Mr. al-Zawahri and Mr. Khan, why not obtain an indictment? Why not seek to extradite them? Why not put them on trial? If their deeds were serious enough to warrant death - then let's see the evidence. What are you afraid of, President Obama?

Is it because their "crimes" involved being vocal critics of your foreign policy? Is it because of the words they spoke and wrote?

Thus far President Obama has caught flak for the state of the economy on his watch. Now it's time he catches it for ordering the deaths of two American citizens and depriving them of their constitutional rights. When President Obama was sworn into office, he took an oath to defend the US Constitution.



President Obama, you just violated that oath. You were not only part of a conspiracy to deprive two American citizens of their constitutional protections - you were the man in charge of the conspiracy. In depriving them of their constitutional rights, you also conspired to murder the two men.

See also:

"Ron Paul calls US killing of American-born al-Qaida cleric in Yemen an 'assassination.'" Washington Post (Sept. 30, 2011)

"Obama praises al-Awlaki killing," Time (Sept. 30, 2011)

Peeing in the pool

"Well I just can't believe you bunch of ignoramuses just voted to find that piece of shit defendant not guilty! Would y'all have voted the same way if I told you all the stuff the judge said I couldn't? Do y'all want to know just what this little SOB has done in the past?"

Okay, that's probably not how it goes down. It's more subtle than that. The prosecutor, still bothered that a jury acquitted a defendant, wants them to know what a bad decision they actually made. He wants them to know that there's a whole lot of stuff that mean ol' judge wouldn't let him talk about. So he lets loose with a tasty morsel of two.

Problem?

You bet.

Why would he do that?

Because he knows that the jurors have family, friends, neighbors and co-workers. He knows those jurors are going to talk about the case once it's over. He knows those jurors are going to tell everyone to be wary because they won't be getting the whole story. In short, he's doing his best to poison a little bitty piece of that jury pool.

In Wednesday's Houston Chronicle, Houston appellate attorney Brian Wice fired a shot across the bow of the Harris County District Attorney's Office when he publicly castigated the prosecutors who decided to pee in the pool after a famed Houston doctor, Michael Brown, was acquitted of assaulting his wife. 

Apropos of nothing, the junior prosecutor who had handled almost all of the most important parts of the trial announced that he wanted the jury to know all about "the real Michael Brown." In a matter of moments, and over DeGuerin's objection, the prosecutor tainted the jury with the details surrounding Brown's plea of no contest and his deferred adjudication for assaulting his third wife in 2003 that made this case a felony, not to mention a number of assertions disputed by the defense disparaging Brown's character and reputation - the very evidence Judge Wallace had properly excluded from trial. But the prosecutor was not quite through. By repeating these reckless allegations to the battery of cameras, microphones and notepads outside the courtroom, the prosecutor took a backhanded slap at Judge Wallace for following the law and the jurors for following their oaths.

Simply put, in my opinion the prosecutor's comments crossed the line on both a personal and professional level. A former high-ranking member of the Committee for Lawyer Discipline said she thought these remarks violated State Bar Disciplinary Rule 3.06, which prohibits any lawyer from making any post-verdict comments to a juror "calculated merely to harass or embarrass the juror or to influence his actions in future jury service." By informing the jury about evidence that was clearly inadmissible in a thinly veiled attempt to make the jury feel badly about its verdict, the prosecutor's comments were calculated to influence not just the 12 folks who had acquitted Brown, but any of their friends with whom they might share the prosecutor's remarks, and who might find themselves on juries in the future.

There is little doubt what the prosecutor was attempting to do - and what he was attempting to do was unethical. He was caught red-handed standing in the yellow end of the pool.

Mr. Wice could have called out the prosecutor by name - but he chose not to. He was upset about what happened after the verdict was read and he voiced his displeasure in an op/ed piece. He was not interested in humiliating or embarrassing a prosecutor.

But it didn't take long for Nathan Hennigan, our antagonist, to make himself known.

I am the "out of line" prosecutor. My name is Nathan Hennigan. Wice didn't want to call me by name, but I feel a necessity to respond, as most don't know who I am, due to his subterfuge, but I am proud to say,,. Brian Wice is an appellate attorney. He is a good appellate attorney, but he isn't a trial attorney. That is because he is not a likable person in the least. He actually reminnds me of the weasels from "Who Framed Roger Rabbit." Uncanny. What happened in the jury room is as follows...Dick Deguerin went on a 5 minute rant on what a psycho the complainant was. I wanted just to answer questions, but, I felt it was my duty to explain the truth. The truth was Michael Brown beat Darlina with a bedpost while she was 7 months pregnant. The truth was he is probably the worst person I've ever dealt with, (and that includes an MS13 Gang member I locked up for life). I offer no apologies to Wice, DeGuerin, or anyone else. I am proud to stand up for the Harris County District Attorney's Office and fight for what is right. Even if it isn't easy.

It's a shame that Mr. Hennigan couldn't have shown the same class that Mr. Wice did. Instead of a reasoned defense of his actions, Mr. Hennigan chose to resort to name-calling. He couldn't defend his actions so he attacked those who spoke against him. Mr. Hennigan is a true believer and he has gulped down the koolaid on the 6th floor of the Harris County Criminal (In)justice Center.

My colleague, Murray Newman, weighed in on Mr. Wice's op/ed piece yesterday. I like Murray. He's a good guy. I'd buy him a beer (or even give him one of my home-brewed brown or English ales). But Murray still has a place in his heart for the DA's office. I think there are times he loses a little bit of perspective -- and this one of them.

Mr. Wice pointed out a problem that we have been dealing with for years. It's a practice that's been allowed to continue because we haven't stood up and fought to change it. Jury members are exposed to the bias of the state from the minute they enter the Jury Assembly Room. Bailiffs make comments that cast aspersions on the defense. Judges conduct a voir dire that, in some cases, comes right out of the prosecutor's manual.  The citizen accused is not called by his name during the proceedings, he is labeled as "the defendant" in an attempt to dehumanize him. And then prosecutors do their bit after the verdict.

It all adds up to chipping away at the very presumption of innocence -- the only presumption you are allowed to make in a criminal courtroom. I don't know if Mr. Hennigan had "malice aforethought" before he spoke to the jurors. I don't know Mr. Hennigan. From what I've been told he's a nice guy. And I'm sure he is.

But just because he's a nice guy doesn't mean that he didn't do anything wrong.

We're at such a disadvantage from the beginning that the last thing we can afford to do is to allow the state to poison the jury pool any further. That's what Mr. Hennigan did. And that's what we've got to stop.

See also:

"A sore loser" Simple Justice (Sept. 29, 2011)

Got Jesus?

Would you rather sit on a pew or sit in jail?

That's the choice being offered in the town of Bay Minette, Alabama for those accused of non-violent misdemeanors (let's forget, for a minute, the absurdity of putting someone convicted of a non-violent misdemeanor in jail). In exchange for attending church on a weekly basis, a defendant can have his or her case dismissed.

I thought Judge Clinton here in Houston had a goofy idea when he offered to reduce community service hours in exchange for reading a Christian how-to book. That was nothing.

The police chief sees nothing odd about the program. He doesn't think it violates the First Amendment because no one is forcing folks to take part and participants can pick the church of their choice. He thinks it's a good idea. And it saves the city the $75 it would cost to house an inmate per day.

I'm all for alternative methods of sentencing and rehabilitating folks. Just locking them up in the county jail (or the state pen) ain't working. Giving someone an alternative to their destructive behavior can't help being a step in the right direction.

But church? Religion has been used for centuries as a tool of manipulating the masses. Tell people that their lives aren't going well because God isn't happy is a masterful way to getting them to tune out the inequities in our daily lives and not question authority. Religion has been used to justify murder, homophobia and sexual abuse.

The charlatans who parade in front of the television cameras live high on the hog as they press their congregants to give up more and more of their hard-earned income because "God will give it back ten-fold!" Just look who's living in the McMansion an driving the Mercedes.

And what about that whole First Amendment thing? You know, the little provision that Congress shall make no law respecting the establishment of a religion. The Fourteenth Amendment applied those prohibitions to the states.

Offering to dismiss a case if a person attends church every week for a year discriminates against non-Christians and athiests. It violates the very spirit of equal protection under the law. Enacting such a policy confers additional benefits on those who share the religious belief of the judge.

Is the city getting a cut of the tithes?

And that train keeps a-rolling...

The State of Florida is set to murder Manuel Valle this afternoon using pentobarbital as part of its lethal drug cocktail. This despite calls from the manufacturer of the drug that its use in executions could subject the inmate to extreme pain and suffering.

Staffen Schuberg is the president of Lundbeck who makes pentobarbital under the name Nembutal. He has written two letters to Rick Scott, the governor of Florida, protesting the use of the drug.

"The use of pentobarbital outside of the approved labelling has not been established. As such Lundbeck cannot assure the safety and efficacy profiles in such instances." -- Staffen Schuberg

What could be more damning that the manufacturer of a drug telling someone not to use it because it hasn't been approved for that use? States have been scrambling to find new ways to kill inmates ever since the US supplier of sodium thiopental, Hospira, quit supplying states with the drug as a way of protesting its use in the murder of inmates.

Deborah Denno, an expert in the death penalty at Fordham university law school, said the intervention by the manufacturer itself of Nembutal in writing to the Florida governor took opposition to use of the drug to a whole new level. "I don't know how you could cast more doubt on the use of a drug than when you have the condemnation of it by its own maker."

Pentobarbital is used to put family pets to sleep but its use as a component in a lethal drug cocktail has never been tested.

It might be that the best way to put an end to the death penalty is for drug manufacturers and suppliers who don't want to be associated with the state's killing machine to require purchasers of the drugs to sign end-user license agreements that the drug will not be used in executions and that the drug will not be sold to any other entity to use in executions.

The ball is now in your court, Mr. Schuberg. What are you going to do now?

Hold the pickles, hold the lettuce...

"I think it's sad that our elected and appointed leaders are wasting their time talking about menus on death row when we have important issues like potential innocence and the validity of the entire death-penalty system that desperately need to be looked at." -- Elizabeth Stein, producer of KPFT-FM's Execution Watch.

Texas State Senator John Whitmire (D-Houston), always looking for some good press, has decided that death row inmates in Texas should no longer get to request a special final meal. What got Mr. Whitmire's panties in a wad, you might ask.

Well, it seems that Mr. Lawrence Brewer, whom the State of Texas murdered the same night that Georgia executed an innocent man, made an unusual request for his final meal and then didn't finish it.

In addition to the steaks, the omelet and fried okra, Brewer asked for a triple-meat bacon cheeseburger, three fajitas, one pound of barbecue and a half loaf of white bread, pizza meat lover's special, one pint of "homemade vanilla" Blue Bell ice cream, one slab of peanut butter fudge with crushed peanuts and three root beers.

That was the last straw for Mr. Whitmire who then declared that if the head of the prison system didn't end the practice immediately that he would introduce legislation in the next session to eliminate the practice. Brad Livingston, having no backbone, only asked "how high?"

Was he upset about the cost? About the items chosen? Who knows. Brian Price, a former inmate who prepared many a last meal, has offered to provide the condemned man his final meal at no cost to the state. For some reason Mr. Whitmire doesn't think allowing a man to choose his final meal is the least the state can do if they intend to kill him.

And if it's the cost that's got Mr. Whitmire jumping up and down like a lunatic, what about the $2.3 million average price tag for a death penalty case in Texas (three times the cost of locking someone up for life)? Where's the outrage over that bill? If he's interested in saving the state some money - why not abolish the death penalty?

Nope. Not going to happen. To abolish capital punishment would mean taking a principled stand on an unpopular issue because it's the right thing to do. Cancelling the last meal request for a condemned man is a public relations gesture he can use to whip up the masses.

Like father, like son

Sometimes things happen and you can't even begin to get your head around them. Sunday was one of those days.

Sunday afternoon my wife, daughters and I attended a birthday party of one of my youngest's good friends (the mother was a very good friend of my wife's). While we are sitting around the house waiting for the party to begin, my wife's friend's father-in-law gives me this really nasty look. A few minutes later I took a loaf of bread over to the table where he was sitting so he could make a sandwich.

Then it was Twilight Zone time.

He wanted to go outside and talk. So he, his sons and I went outside and then he launched into a nasty, hate-filled diatribe about why he didn't like my wife or I. It went on forever. He cursed, pointed his finger in my face and called me every name he could think of. It was the most bizarre thing I've ever witnessed.

His son (my wife's friend's husband) told his father to calm down but never told him that his diatribe was inappropriate. It was like he was scared to stop his father from making a fool of himself.

Then what really set him off even more was when I told him in a calm voice that I hadn't raised my voice, I hadn't made any threats and I hadn't cursed at him. The fact that I wouldn't lower myself to his level just ate at him. And then, when I had listened to his vile tantrum he refused to apologize for his behavior and refused to shake my hand.

I was born in Texas and I supposed I will die here as well. I was raised to treat women with respect. I was raised not to insult another man's wife or girlfriend. I was raised to shake another man's hand when it was extended. I was also raised that the ignorant resort to threats of violence because they can't make a logical argument to support their point.

I couldn't believe what I had just been a part of. I was angry. But, as I thought about, I was no longer mad at the man - instead, I pitied him. I felt pity for a man who has allowed hate and bitterness to consume him. I felt pity for a man who embarrassed himself in front of his own son the way that he had just done. I felt pity for a man whose own son was scared to prevent him from making a fool out of himself.

Afterward, my wife's friend apologized to me for what had happened. Interestingly enough, her husband, never said a word. Somehow, it didn't surprise me.

What makes a man allow himself to be consumed by hate and bitterness? I don't know the answer. My view  is that life is too damn short to walk around angry. You can choose to be consumed by all of the perceived slights you face day after day -- or you can left them roll off your back like water off a duck. The only lasting image I will have of the incident is his son, a grown man, standing off to the side, too scared to stop his father from humiliating himself. The best he could do was tell his father to calm down -- not to stop, not that his behavior was beyond inappropriate, but to calm down.

And that was the most telling thing of all.

Are you ready for some futbol?

Oh, once again our Saturdays are filling with rushing from field to field across the west side of Houston for soccer.

I love the sight of those fields as the sun rises on Saturday morning. It's quiet. It's peaceful. In just a couple of hours, however, chaos will reign as the wee weekend warriors take the pitch.

This season marks my fifth year coaching the little ones. I watched with great pride as my oldest daughter took the field in the afternoon. I coached her the first three years she played and it's amazing the player she has become. My little one has been dribbling a soccer ball since she was two and has mastered the drills we go over in practice.  But when it comes to game time she's a bit shy and scared at the prospect of a sideline full of parents watching the game.

I've told her just to focus on the ball, the other players and me and to ignore everything else around her. But I know for some that's easier said than done. She'll be there by the end of the season - I just know it.

For all of the headaches involved in organizing registration, placing kids on teams and dealing with parents upset about whose team their child is on, these next eight weeks are pure gold. All of the stress is worth it when you look into the smiling face of a child happy to be wearing a uniform and chasing a ball around the pitch.

What goes up, must come down

You just can't mess with those laws of physics.

Sometime tonight or in the early morning hours of tomorrow a satellite is going to fall to earth. Scientists believe it will fall somewhere between 57 degrees N and 57 degrees S of the equator -- encompassing most of the populated areas of earth. The debris path is likely to be about 500 miles long.



According to Aerospace Corp., the satellite will  crash to earth somewhere along either the blue or yellow lines. So, here's hoping it doesn't hit you.

This graph is a depiction of the amount of junk orbiting the earth. The exponential growth in space junk over the past 10 years is astounding. Not only have we turned the earth into a giant landfill - we are rapidly turning the space around earth into a giant junkyard.

Now go and enjoy a little Blood Sweat &Tears:

Scientists facing charges after failing to predict earthquake

How would you like to be put on trial because your prediction was wrong?

Six scientists and a former government official find themselves on trial in Italy charged with manslaughter because they failed to predict an earthquake in L'Aquila in 2009. Prosecutors allege the defendants made a "falsely reassuring statement" that there was no danger of a large earthquake after a series of small tremors.

The seven individuals were members of the Serious Risks Commission that was formed after the region had been hit with hundreds of minor tremors in the months leading up to the deadly earthquake. The commission included a physicist, a geophysicist and two scientists who specialized in studying earthquakes.

The prosecution is the most absurd example I've come across of a society's need to blame someone when a tragic event occurs. No one could have predicted that the earthquake would strike when it did. With months and months of seismic activity, there was no way to make a prediction as to what day the big one would hit.

"Detailed scientific research has told us that each earthquake displays almost unique characteristics, preceded by foreshocks or small tremors, whereas others occur without warning. There simply are no rules to utilise in order to predict earthquakes." -- Dr Dan Faulkner, senior lecturer in rock mechanics at the University of Liverpool.

Early warning systems in Taiwan, Japan and Mexico may only be able to provide about 30 seconds notice of an earthquake - hardly time to do anything other than brace oneself.

It's bad enough when federal prosecutors in this country charge men and women with crimes for conduct that isn't in the least bit criminal, it's preposterous to threaten someone with jail because they were unable to predict a natural occurrence.

Does this mean the local weatherman could be sued because he failed to predict the severity of this year's drought in Texas?

HPD officers disciplined for role in cover up

The other shoe fell on Tuesday as seven police officers, including an assistant chief, were disciplined for their role in attempting to cover-up an accident involving an HPD officer whose blood alcohol concentration was more than twice the legal limit.



On April 13, 2011, Houston Police Department Sergeant Ruben Trejo collided with a private school bus while driving to work in the afternoon. A blood test showed Mr. Trejo had an alcohol concentration of .203.

According to accounts, officers covered up open bottles of alcohol in Mr. Trejo's vehicle and threatened to arrest anyone taking pictures of the scene.

This same behavior by non-peace officers would have resulted in criminal charges being filed. But for uniformed police officers attempting to cover up a crime by a fellow officer, the punishment ranges from a slap on the wrist to a day without pay.

I would have posted a copy of the accident report except that HPD accident reports are no longer available for download on Vectra.com.

What a difference 12 hours makes

Looking down from the 11th floor of the Harris County Criminal (In)justice Center.

In case you're not familiar with downtown Houston, the silver car stopped at the stop light and the dark car approaching him are both headed the wrong way on a one-way street. It was 9:00 in the morning and it's doubtful that alcohol was involved. It's far more likely that the driver of the silver car wasn't familiar with the layout of the streets in downtown Houston and didn't notice the one-way sign at the previous intersection. The dark colored car was obviously following the silver car (I say obviously because I was up there watching the events unfold).

And then there's this story from the Houston Chronicle about a mishap involving two HPD cars during a demonstration on their test track Tuesday morning. Five Chinese law enforcement dignitaries (whatever they are) were injured in the accident. Apparently the HPD spokesman couldn't go into further detail about the accident due to security concerns about HPD driving techniques. I'm curious as to whether he was able to tell the media that without a hint of irony in his voice.

Now, had the first incident occurred after dark, it's likely that a roving HPD officer (provided he wasn't crashing his squad car) would see driving the wrong way on a one-way street as a sign of intoxication. Had the second incident occurred with two civilian drivers at night, it could very well turn into a DWI investigation if the officer notices the fateful "strong odor of an alcoholic beverage" on the breath of one of the drivers.

Same event. Different context. One merits a traffic ticket. The other an arrest.

A tale of two executions

Two men were murdered last night.

One was killed under the watchful eye of people around the country and around the world. The other was killed with nary a soul watching.

The State of Georgia murdered an innocent man. The State of Texas killed a guilty man.

By now we all know the tragic story of Troy Davis. Last night we watched as the killing hour drew near and gasped when the execution was put on hold. We were hopeful that justice would prevail and that new questions would be raised about who killed Mark MacPhail in Savannah back in 1989. We sat in stunned silence as word came down that the U.S. Supreme Court denied Mr. Davis' request for a stay of execution and we watched in horror as Mr. Davis was murdered.

But in the Piney Woods of Texas, Lawrence Brewer was also a victim of the death machine. Mr. Brewer wasn't a nice person. He was a convicted felon. He was a member of a KKK-like group. He participated in the beating and murder of James Byrd in Jasper, Texas - a crime that sickened the public. He had exhausted his appeals and went to his death with a tear in his eye.

It's easy to be sympathetic to the cause of Troy Davis. There is nothing that betrays our sense of justice more than the state-sponsored murder of an innocent man. But let's face it, the vast majority of inmates on death row across this country are guilty. It's harder t mobilize the masses to fight to save the life of a murderer.

The State of Georgia wasn't justified in killing Troy Davis. Yes, a jury convicted him of Mr. MacPhail's murder. But there was no physical evidence linking Mr. Davis to the murder. The murder weapon was never recovered. Seven of the nine non-law enforcement witnesses recanted their trial testimony. Yet neither the Georgia Board of Pardons and Parole nor the Georgia Supreme Court nor the U.S. Supreme Court thought that was enough to raise enough doubt to halt the execution.

We accept a legal system in which the Nine Wearing Robes can change the established law of the land with just five votes, precedence and stare decisis be damned. But we can't accept that juries might get it wrong or that witnesses might reconsider their testimony.

Those of us who stand beside criminal defendants also know that few of our clients are innocent. For most of our clients, it's more a question of whether the prosecutor can prove the allegations. We fight just as hard for the person who admits guilt as we do for the person who proclaims his innocence. That's what the Constitution requires. It's through fighting for the most unworthy and unloved clients that we fortify the rights enshrined in the Bill of Rights.

It's in fighting to save the life of Lawrence Russell that our fight to abolish the death penalty will succeed. It's when we convince the public that state-sponsored murder is the most tyrannical act a government can carry out.

I'm saddened by the deaths of Mr. Davis and Mr. Russell. I'm angry about it. I will take that anger and channel it. I will channel it the next time I stand in front of a jury asking them to find my client not guilty. I will channel it the next time I reject a plea offer from the state. I will channel it the next time I go before a judge and demand that a case be dismissed.

It's time to get back to work.

Democracy Now! live coverage of the murder of Troy Davis

Democracy Now!’s Amy Goodman will host a 2-hour live special broadcast on Wednesday, September 21 from 6pm to 8pm EDT from outside the prison in Jackson, Georgia, where Troy Anthony Davis is scheduled to be executed at 7pm EDT.

Davis was convicted in 1989 of killing of off-duty white police officer, Mark MacPhail. Since then, seven of the nine non-police witnesses who fingered Davis have recanted their testimony, and there is no physical evidence that ties Davis to the crime scene.

Video of the special broadcast will be live-streamed from 6pm to 8pmEDT at http://www.democracynow.org.

The special can also be watched on Free Speech TV (Channel 9415, onDISH Network and Channel 348 on DirectTV), and on Link TV (Ch. 375 on DirecTV).

Audio of the special broadcast will be carried by Pacifica radio. Check your local sister station or affiliate to see if they plan to carry it.

Please encourage your local radio and TV station to air the program. It is free for any radio or TV station to air. (Email Denis@democracynow.org for more information.)

If you would like to embed the Democracy Now! Livestream player to post on your website, please visit http://www.livestream.com/democracynow/share

Visit the Democracy Now! archive for all of these video reports, which include the complete transcripts:http://www.democracynow.org/tags/troy_davis

What's the point?

To secure a defendant's attendance at trial, a magistrate may impose any reasonable condition of bond related to the safety of a victim of the alleged offense or to the safety of the community. -- Texas Code of Criminal Procedure Art. 17.40(a)

The other day I was sitting in court when the judge called up everyone making their first appearance. He had the prosecutor read the probable cause statement. On every DWI case he asked the prosecutor whether there was an accident or a breath test.

The first defendant was a young man (I'm guessing he was in his 20's, but as I'm getting older, my ability to guess ages is in rapid decline). There was no accident in his case - but there was a breath test. A breath test of .000. The arresting officer suspected he was under the influence of something other than alcohol so a drug recognition evaluation (more voodoo science for another day) was performed. Apparently our hero had taken a central nervous system depressant or two.

The judge order the young man to install an ignition interlock device in his car.

I found it to be quite odd - as did the attorney sitting next to me. It's not like an ignition interlock is going to detect the presence of CNS depressants (other than alcohol) in one's breath. If this young man had a problem, it certainly didn't appear to be with alcohol.

A couple of minutes later we had DRE number two on the morning. Again we had a breath test well under the legal limit. And, again, the judge ordered the defendant to install an ignition interlock device on her car.

The law says a judge shall order an ignition interlock device as a condition of bond for a defendant who has at least one prior conviction for driving while intoxicated. The law also says that a judge may order an ignition interlock device as a condition of bail in a case with a breath or blood test over .15.

So what's going on here? Ordering the installation of an ignition interlock when a person clearly was not intoxicated by consuming alcohol makes little or no sense. It certainly doesn't do anything to enhance the safety of the community.

All it appears to do is line the pockets of the companies that distribute, install and maintain the devices. I do wonder where that money goes.

Execution Watch: 9/21/11

Texas plans to put to death Lawrence Russell Brewer Wednesday for his role in the murder of James Byrd in Jasper, Texas. Execution Watch will be there.


TEXAS PLANS TO EXECUTE:


LAWRENCE RUSSELL BREWER. One of three mean convicted in the infamous East Texas slaying in which three white men chained James Byrd, a 49-year-old black man, to the back of a pickup truck and dragged him to death on a country road near Jasper. The 1998 case shocked the nation for its brutality. Fall partner John William King is on death row, awaiting an appeal. Another co-defendant, Shawn Berry, received life in prison. The trials of the three men cost Jasper County $1.02 million, leading to a 6.7 percent increase in property taxes. More background at executionwatch.org.


RADIO PROGRAM PREVIEW


EXECUTION WATCH
Unless a stay is issued, we'll broadcast on ...
Sept. 21, 2011, 6-7 PM CT
Houston: KPFT 90.1 FM
Worldwide: www.executionwatch.org > Listen

Update: High court stays Foster execution

The State of Texas was once again foiled in its attempts to murder Cleve "Sarge" Foster when the U.S. Supreme Court issued a last minute stay -- the third time the court has stayed his execution this year.

While the Court did not give a reason for the stay, Mr. Foster's appeal involved claims of ineffective assistance of counsel.

This is the second time in the past week the Supremes granted stay of execution in a Texas case. In both cases, the target of the state's ire was an accomplice convicted of murder via the law of parties.

Should a state be permitted to execute a person convicted of murder who didn't commit the crime? Is that the question the high court is asking in these two cases? If we're going to allow states to continue to murder people in the name of law and order, shouldn't we make certain that those who face the death penalty are the actual killers?

I have no problem with a person being convicted of murder through the law of parties. But I have a big problem with using the law of parties to condemn a man for a murder committed by someone else. If the Eighth Amendment prohibits the execution of a person for any other crime than murder, it should also prohibit the killing of a person who didn't actually commit the murder.

CORRECTION: My mistake as to the facts behind to two stays of execution granted to Texas inmates in the past week. The other stay was granted to Duane Buck whose case was tainted by the testimony of an expert called by Mr. Buck's attorney who testified that black men are more likely to commit future crimes than white men.


Please forgive me, it was my birthday, I was excited and got carried away. I still stand by my argument that there is no justification for the state to take the life of a person whose conviction was obtained through the law of parties.