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200 Executions and Counting: Texas Gov. Rick Perry's Cruel Death Tally

By Liliana Segura, AlterNet. Posted June 2, 2009.


Today marks the 200th execution under Perry, a record even deadlier than George W. Bush's tenure. What's the matter with Texas?

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At roughly 6 p.m. tonight, Texas Gov. Rick Perry will make history when he presides over the 200th execution of his tenure. It's a chilling achievement, one that dwarfs that of his predecessor, George W. Bush, who famously signed off on 152 (with a little help from his friend, then-legal counsel Alberto Gonzales).

Barring a most unlikely twist of fate, there's little doubt that Terry Lee Hankins will be dead by sunset. For death-penalty enthusiasts, this is cause for celebration; Hawkins -- a self-described "non-caring monster" who shot his wife and children in their sleep -- is held up as a poster child for state killing. One appellate prosecutor for the Texas Attorney General's office, Georgette Oden -- who recently joked on her blog that when asked at cocktail parties "So, what do you do?" she likes to boast "I kill people" -- wrote: "He's my best example of the kind of person who deserves the death penalty."

People like Oden would love to claim that all the people on death row are so cartoonishly deserving of death. But the past 25 years have painted a far more complicated picture, one that has shown the death penalty to be fraught with error, corruption, racism and prosecutorial misconduct.

Perry should know. His years in office have been marked by last-minute commutations, controversial executions and some 35 DNA exonerations of wrongfully convicted prisoners. In Harris County, which sends more prisoners to the death chamber than any other jurisdiction in the country, an ever-evolving scandal over its dilapidated and mismanaged forensics crime lab has provided an alarming backdrop to innocence claims by Texas prisoners, leaving little question that countless prisoners have been sent to prison -- and death row -- on tainted evidence.

One recent example is the tragic case of Timothy Cole, who spent 13 years in prison for a rape he did not commit. Cole, who suffered from severe asthma, died behind bars in 1999 only to be posthumously exonerated 10 years later when the real criminal came forward. Cole always insisted upon his innocence, refusing an offer of early parole on the condition that he admit his guilt.

"His greatest wish was to be exonerated and completely vindicated," his mother, Ruby Session, told Austin news station KXAN in February 2009.

A Cruel Legacy

Examining Perry’s long execution record, a number of cases stand out.

There was Napoleon Beazely, one of the last juvenile offenders executed in the United States, who was put to death in 2002. Beazely was 17 years old, an honor student, football star and senior class president with no prior criminal record when he fatally shot 63-year-old John Luttig, the father of a federal judge, in what was described as an attempted hijacking. By all accounts a model prisoner during his eight years on death row, Beazley admitted his guilt and repeatedly expressed his remorse for the crime:

"I knew it was wrong," he told a packed courtroom at his sentencing hearing. "I know it is wrong now. I've been trying to make up for it ever since that moment. I've apologized ever since that moment, not just through words, but through my acts. … It's my fault. I violated the law. I violated this city, and I violated a family -- all to satisfy my own misguided emotions. I'm sorry. I wish I had a second chance to make up for it, but I don't."

A number of unlikely advocates tried to save Beazely's life. According to the American Bar Association, "even Cindy Garner, the district attorney from Napoleon's home county (Houston County), testified at the sentencing hearing on Napoleon's behalf. While she has been a strong proponent of the death penalty, she continues to maintain that the death penalty is inappropriate in Napoleon's case." Another unlikely ally was his trial judge, Cynthia Kent, who wrote to Perry asking him to commute his sentence to life in prison, a request that fell on deaf ears.

In August 2001, the Supreme Court denied Beazely a stay of execution. In an unusual move, three of the justices -- Justices Antonin Scalia, Clarence Thomas and David Souter -- recused themselves because they had personal relationships with the victim's son.

Beazely was executed on May 28, 2002. "Tonight we tell the world that there are no second chances in the eyes of justice," he said before being injected with lethal chemicals. "Tonight, we tell our children that in some instances, in some cases, killing is right."


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See more stories tagged with: texas, death penalty, george w. bush, rick perry, capital punishment, timothy cole, terry lee hankins, napolean beazely, frances newton, cameron todd willingham, ronald mock, texas board of pardons

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Justice, Texan Style
Posted by: DrBrian on Jun 2, 2009 12:44 AM   
Current rating: 4    [1 = poor; 5 = excellent]
Capital punishment is neither a deterrent, nor cost effective, nor just. Its sole purpose is vengeance, the satisfaction of atavistic bloodlust, and it panders to the ugliest aspects of human nature for political gain.

Unjustifiably kill one person and you get lethal injection; do the same to a million people and get a lifetime pension and a library at SMU.

That's justice, Texan style.

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» RE: Justice, Texan Style Posted by: Romantic Violence
Merchants of Death
Posted by: jbro434 on Jun 2, 2009 12:55 AM   
Current rating: 5    [1 = poor; 5 = excellent]
If the person is any shade of color other than lilly white, America finds justification to execute, torture or murder in the name of law and order. In my mind at least, executing in the chambers of a prison is no better than lopping off the head in public like Saudi Arabia. It is not any more humane just because it was shielded from the eyes of the public. Texas may be the leader, but other states are still carrying out executions. Some of these are under the watch of Democratic administrations (Tennessee). The murder of death row inmates is not decreasing the prison population because there are hundreds of small time drug offenders that take their place.

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truelass
Posted by: Truelass on Jun 2, 2009 2:03 AM   
Current rating: 5    [1 = poor; 5 = excellent]
Most Canadians refer to Texas as the assh..e of the United States and I always assumed that this term was derived from its geographical place on the map..you know, at the bottom..but the Bush's and the Perry's have solidified the vulgar connotation. A friend from Houston has informed me that "Judge"? Sharon Keller is known around lawyers as being totally ignorant of the Law and her thirst for legal murder is also well known. I advice anyone travelling to Texas to get in and out as fast as they can or they may be picked up by some rednecked lawman and sent to Sharon Keller for extermination.

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» RE: truelass Posted by: lindawageck1
» RE: truelass Posted by: abbadon2007
» OH AND ONE MORE THING Posted by: abbadon2007
» RE: truelass Posted by: jumpr
» RE: truelass Posted by: O'do
» Re: worldcitizen Posted by: Truelass
» RE: e: worldcitizen Posted by: thealltheone
» RE: truelass Posted by: O'do
This article misses a huge detail
Posted by: Cory.Goodman on Jun 2, 2009 5:22 AM   
Current rating: 5    [1 = poor; 5 = excellent]
This article never mentions the fact that a Houston Crime Lab was closed in 2002 for gross negligence in analyzing crime scene data.

http://www.chron.com/disp/story.mpl/front/4896367.html

Many of the death penalty cases are being retried, but people were put to death on false evidence given by the crime lab, and many more are unable to get a fair trial even in light of overturned evidence. Judges are claiming that the evidence wasn't the reason they were convicted. But the truth is the people claiming this are those bloodthirsty pro-death penalty judges who don't want to admit the possibility that sometimes people are wrongly convicted.

Many have been exonerated as well. People who spent 10 or 15 years in prison for crimes they did not commit.

And yet there is STILL a backlog of evidence that has yet to be re-analyzed and cases to be retried, so innocent people are continuing to sit in jail right now.

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Lilly
Posted by: Calamitysams@yahoo.com on Jun 2, 2009 6:53 AM   
Current rating: 4    [1 = poor; 5 = excellent]
I see this as just another reason to encourage Texas to secede from the union, then refuse them entry into any other part of the country as undesirables. What do you think?

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» RE: Lilly Posted by: wireup
One good thing about Perry's record
Posted by: Crazy H on Jun 2, 2009 7:10 AM   
Current rating: 3    [1 = poor; 5 = excellent]
Fewer Texans

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Two things....
Posted by: fearn on Jun 2, 2009 7:27 AM   
Current rating: 3    [1 = poor; 5 = excellent]
If state killing really deterred crime why are there any killings in Texass?

On the other hand killing is the American way. Over 1 MILLION Americans have been killed by other Americans since 1960. Not to mention millions of innocent people from other countries. USA is #1!!

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» RE: Two things.... Posted by: VZEQICVA
Politicians and the real world
Posted by: maryyooch on Jun 2, 2009 7:30 AM   
Current rating: 5    [1 = poor; 5 = excellent]
"Beazely was executed on May 28, 2002. "Tonight we tell the world that there are no second chances in the eyes of justice," he said before being injected with lethal chemicals. "Tonight, we tell our children that in some instances, in some cases, killing is right."

Why are executions even legal anymore? Life with out parole means exactly that, life without parole. At the very least, you can try to make right a wrongful conviction.
Why is it these bloodthirsty Governors are so eager to execute when they claim to be "Christian pro-lifers"? Do they really mean, in their coded words, that life ends at birth? They are anti-choice as far as abortion goes, but if the child is born with a disability, poor or has dark skin, then what do they do for that life? Nothing. Nada. They actually cut more and more funds as quickly as they can, so that the "life" they demanded to be brought into this world ends up having a miserable life or no kind of life at all.
And spare me the "boot straps" bullsh*t. People don't even have the privilege of pulling up their "boot straps" if they don't own any and are not given a shot in any way, shape, form or manner.
Bush, Perry and their ilk should have to go through the experience of being wrongfully imprisoned for 6 months at the least. Then maybe they would take a good, long hard look at their policies.
As a matter of fact, any politician who wasn't born into financial comfort, should all have to live like us poor folk for 6 months before becoming eligible to run for office. Then this country might just start to open their eyes and see it's not easy and that it is very, very difficult to find a way out of poverty. Because you know that very few wealthy people ever get sentenced to death, let alone sentenced at all.

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NOT TO BE UNSYMPATHETIC, BUT
Posted by: VZEQICVA on Jun 2, 2009 7:48 AM   
Current rating: 3    [1 = poor; 5 = excellent]
The people of Texas vote just like the rest of us. Their elected officials are a reflection of the mindset of the people. I feel sorry for the people who die as a result of a system of justice that often comes into question. I don't know any Texans, but they seem like a very hostile vindictive crowd. Segregation is alive and well and they hate the poor. But they do have that 'old time religion'. I really can't stand them. Well except for Molly Ivins. Thanks, ANNA

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» RE: NOT TO BE UNSYMPATHETIC, BUT Posted by: lindawageck1
» RE: NOT TO BE UNSYMPATHETIC, BUT Posted by: abbadon2007
I'd have Shot Ol' Yeller Too
Posted by: Purple Girl on Jun 2, 2009 7:56 AM   
Current rating: 3    [1 = poor; 5 = excellent]
Lets be honest there are those amongst US who committ such heinous acts they can be considered nothing short of Feral.
Serial Killers, mass Murderers ,Child Rapists,and yes even Terrorists- Sociopathic predators.
Not only do their Crimes require punishment, their ability to be rehabilitated are non existent.
All attempts should be made to assure their guilt (but when you find heads in the Fridge, that's evidentail enough).Life Sentences should always be an option afforded the Judge in sentencing, but so should execution in cases such as these.
But instead of dragging out the application of their sentence through Just more legal rangling and loopholes- we should be studying these people for precipitators,and personality traits so that we have a better understanding as to What Makes a Sociopath and how to avoid or identify the type.
As a Society we are not only attempting to combat biological forces, or previous misfortunes, We are battle the ingrained 'behavior modified' mental Circuitry which has become the dominate controlling factor in their psyches.It's not just the 'Thrill of the Kill' or conquest- it's the anticipation of how the next one will be even better and more satisfying.These Types have not only 'gone Feral' they are Rabidly insane.They present a danger not only to the community, but to other inmmates and prison staff.
Executions should be legal But Rare.

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» RE: I'd have Shot Ol' Yeller Too Posted by: northerner
» RE: I'd have Shot Ol' Yeller Too Posted by: AMERICAN VETERAN
Maybe a lot of Texans tune in to executions
Posted by: Ignatz deFyre on Jun 2, 2009 8:24 AM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
Tax revenues are down - let's get some Budweiser logos on those prison jumpsuits Mr. Perry.

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Once they were Americans
Posted by: westomoon on Jun 2, 2009 8:26 AM   
Current rating: 5    [1 = poor; 5 = excellent]
Jim Hightower, Bill Moyers, LBJ... But they sure do seem to have stopped producing the good ones. Now they give us Tom DeLay, the Bushes, and this deadly buffoon, Perry.

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Dixie3
Posted by: TxTerry on Jun 2, 2009 8:56 AM   
Current rating: 5    [1 = poor; 5 = excellent]
I am retired State of Texas worker and I could not agree more with the way that others feel about Texas and the People who reside here. I completly understand how they would come to that conclusion.

I have watched in horror for many years as the State of my birth, where I worked and lived, slowly deteriorated before my eyes.

I watched as my State became the laughing stock of the World because of George W. Bush and his cronies from Texas and now as Rick Perry trys to set a record for the amoumt people he can execute.

The only thing I can say is that not all Texans share the views of Bush and Perry. Some of us despise both of them and their ways.

Thank You

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» RE: Dixie3 Posted by: aussidawg
Can't call the Governor of Texas
Posted by: mcrago0088 on Jun 2, 2009 8:58 AM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
I tried calling the phone number listed in the article and a fax responded. What is his contact info? email?

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» RE: Can't call the Governor of Texas Posted by: Liliana Segura
Texas
Posted by: Archie1954 on Jun 2, 2009 9:15 AM   
Current rating: 5    [1 = poor; 5 = excellent]
What bothers me a lot is the fact that several years ago the Supreme Court refused to hear a case of a 17 year old who was slated for execution, so he was judicially killed. Yet 3 years later the Court decides that judicial execution of under 18 year olds is unconstitutional, so in fact they allowed the death of a person against the law. I presume that if it's unconstitutional now it was unconstitutional earlier as well. I guess it really is too much to ask such high and mighty individuals (all nine of them) to spend any time preventing legalized murder as they have much more important things to do. As far as I'm concerned I would rather see 1,000 criminals go free than kill one innocent man.

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» RE: Texas Posted by: jatkins
» RE: I AM one of THESE PEOPLE Posted by: joeocho88
There may be a few questionable cases, but overall ...
Posted by: johnshadows on Jun 2, 2009 9:17 AM   
Current rating: 2    [1 = poor; 5 = excellent]
... it's easy to avoid getting the death penalty. You simply don't kill anyone, or participate in crimes where someone may get killed.

This article reflects some typical thinking from death-penalty opponents - they sympathize with the killer, and not the victim.

As to the deterrent value of Capital Punishment, that effect is being blunted by the ongoing legal shenanigans, and abstract 'appeals' of attorneys seeking billable hours from the state.

The way to make the death penalty work as a deterrent is (1) to eliminate the silly 'jury phase' of the trial (where the jurors decide on the sentence after already deciding on conviction), and have a mandatory sentence of execution delivered by the judge,, (2) Set up a separate appeals court to 'fast-track' death penalty appeals, to weed out the frivolous ones.

These two innovations would enhance the deterrent effect by providing sureness of punishment ('you kill someone, you're going to die yourself'), and speed of punishment ( you're not sitting around prison taking visits from Mike Farrell or writing Children's books (Tookie Williams) or even running your own radio show (cop-killer Mubia Abu Jamal)).

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» Actually, you could make oil ... Posted by: johnshadows
Texans are a breed apart from most Americans.
Posted by: bettyn on Jun 2, 2009 10:43 AM   
Current rating: 3    [1 = poor; 5 = excellent]
Believe me, I know. I lived in Houston for twenty years and could never figure these people out. There is NO WAY that Texas will get rid of its express lane to the death chamber because too many people approve of it and elect those Repigs who continue this barbarism. These are some of the nastiest, most racist rednecks you will ever encounter. I don't think Alabama or Mississippi even come close to this bunch, and it's bad in those two states.

The only way Texas ever becomes civilized is for the Latinos there to become the majority and take over the running of state and local governments. Luckily, this will happen before much longer if population trends continue. They are the classiest, nicest people in this state even now. Seeing Texas become a larger version of New Mexico will be a time for rejoicing. (Just pity those in the justice system now who have NO CHANCE of being alive when it happens.)

The fact that the South as a whole is the only area where the death penalty is used much anymore speaks for itself. These states use the death penalty to get rid of minorities.(Hurricanes help, too.) However, in the case of Texas, they cannot kill these people fast enough to keep them from taking control. I wonder where the rednecks who run this insane asylum now will go then? Wherever it is, do NOT let them in.

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» your part of the problem joe... Posted by: Bearzerker
Why is anyone surprized?
Posted by: willymack on Jun 2, 2009 11:20 AM   
Current rating: 2    [1 = poor; 5 = excellent]
Given the brutal past of southern slave states? They're like a cesspool, in which all the bad stuff settles on the bottom. If you think this is an unfair analogy, check the record. It speaks for itself.

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» RE: THE TRUTH HURTS Posted by: joeocho88
Yee Haw
Posted by: AdamDunny on Jun 2, 2009 2:04 PM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
Everything's bigger in Texas! Yeee Hawww!

RT
Privacy Center

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» *SIGH*... Posted by: aussidawg
The death penalty isn't cruel or unusual, but...
Posted by: ozonehole on Jun 2, 2009 6:31 PM   
Current rating: 5    [1 = poor; 5 = excellent]
I don't consider the death penalty by itself to be cruel. And apparently, it's not unusual (in Texas, at least), and probably over 50% of the US population supports it.

If I were convicted and given a choice between life in prison, or death, I'd choose death. Which would you prefer - 40+ years in prison, or swift execution? Feel free to disagree, but I'd choose execution any day.

However, it seems that executions are something the USA is incapable of doing humanely. The big issue about botched executions using a combination of sodium pentothol, a paralyzing drug and finally potassium chloride (excruciatingly painful if the prisoner is still conscious), would be almost comical if it wasn't so cruel. When we euthanize animals, we use an overdose sodium pentothol exclusively - very humane. When we execute human prisoners, it seems we've invented a machine designed to torture. I would much rather face a bullet than one of those torture devices.

How Texas, or any other state, manages to botch executions so badly is an issue all by itself. The US Supreme Court recently decided that using these torture devices to execute prisoners is not "cruel or unusual" and therefore doesn't violate the Constitution. Go figure.

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» forgot to add... Posted by: ozonehole
Mr. Benny Waters
Posted by: Benwa on Jun 3, 2009 2:38 PM   
Current rating: 5    [1 = poor; 5 = excellent]
Get used to it Liliana!!! The tighter the budget gets the more these scumbags are going to bite the dust baby!! They ALL must apparently be personal friends of yours for you to fret so.It is even more reprehensible to give these murdering scumbags 3 hots and a cot for the rest of their life. Viva Perry! Viva Death Penalty! God Bless Texas!!!

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taaksins
Posted by: IRIQUOIS227 on Jun 3, 2009 3:45 PM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
As long as Texans keep republicans around except for target practice with large caliber bullets, then can can shut the hell up.. Texas used to be a bastion for Democrats. I guess Tuhaaksins is just dumb shits!!

tedbohne

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BERNARD MADOFF IS TO BLAME FOR LOSS OF OPERATION INNOCENCE
Posted by: joeocho88 on Jun 3, 2009 10:28 PM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
Here in TEXAS, we had a wonderful organization called operation Innocence and the purpose was to provide DEATH ROW INMATES with DNA testing that would prove ONCE and FOR ALL their guilt or innocence and a LOT of inmates WRONGFULLY CONVICTED were released and now have to be reimbursed by the State for TIME WRONGFULLY SERVED! AND RIGHTFULLY SO!

Well, OPERATION INNOCENCE invested HEAVILY in Bernard MADOFF'S PONZI SCHEME and HE stole all of the money and now the poor, friendless inmates in the Texas Department of Corrections Institutional Division at the Walls Unit in Huntsville,Texas.

Operation Innocence can no longer provide HELP for these people who so desperately need it or INNOCENT PEOPLE CAN BE PUT TO DEATH!

Perry can NOT commute their sentences and he can not permanently STOP an execution. It is the Board of Pardons and Paroles that does that.NOT THE TEXAS GOVERNOR.

You stupid people need to get your FACTS straight and DONATE TO OPERATION INNOCENCE.
Unless you are ALL TALK AND NO ACTION ...
Because MONEY gets it done and BUSH/CLINTON/CHENEY CRONY MADOFF STOLE ALL OF THE MONEY USED TO PROVE THE INNOCENT PEOPLE FREE!
What has OBAMA DONE FOR THEM LATELY?

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Justice in the South
Posted by: redroadtraveler on Jun 4, 2009 9:23 AM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
I spent four years in prison, plus three years of "supervised release" for a crime I did not commit. I found out by personal experience that there is a string of federal courts in the South which are used by the Feds in order to gain convictions in their "difficult cases" (i.e. those that should never have been brought in the first place). In my case, I got on the Feds "hit list" because I actually DID beat them in court. When you manage to beat the Federal Government in court, their reaction is NOT "OK, I guess we were wrong." Their reaction is (and this is a literal quote from the prosecutor in that case) "You son of a bitch! You got away with it this time! We'll get you next time!" And so they did...found a way to make the "next time" happen in Georgia, where THAT prosecutor committed perjury and obstruction of justice in order to "win" his case. When I confronted him with that, he sneered at me, laughed in my face and said "WE don't have to FOLLOW the law, we ARE the law". And that, my friends, is the true state of "justice" in America.

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A just execution
Posted by: dudleysharp on Jun 4, 2009 9:48 AM   
Current rating: 5    [1 = poor; 5 = excellent]
Hankin murdered two additonal people, his father and 20 year old retarded sister, whom Hankin impregnated twice. She was pregnant when she was murdered.

His step children that he murdered were 10 and 12 years old.

He murdered five.

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Napoleon Beazley: The Value of Last Words
Posted by: dudleysharp on Jun 4, 2009 9:54 AM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
Napoleon Beazley: The Value of Last Words
Dudley Sharp

Beazley is decried, by his own words.

Beazley states "I'm . . . disappointed that a system that is supposed to protect and uphold what is just and right can be so much like me when I made the same shameful mistake."

Beazley equates the premeditated, undeserved and brutal capital murder of a totally innocent man with his own just punishment for committing that crime. Such moral relativism is simply foul, regardless of your feelings about capital punishment.

Beazley humbly offers: "If someone tried to dispose of everyone here (those witnessing the execution) for participating in this killing, I'd scream a resounding, 'No.' I'd tell them to give them all the gift that they would not give me ... and that's to give them all a second chance."

How generous. Beazley wouldn't execute those innocents witnessing his just execution. Saint Beazley.

And Beazley didn't have a second chance? Please.

He had infinite chances to choose a life outside of crime. He had a great life, a wonderful family, was president of his school class, a great athlete. He had it all. And what did he do? He threw it away, just as he so casually pumped two bullets into the head of John Luttig.

Mrs. Luttig survived by playing dead, after Beazley threw some lead in her direction -- he missed. He wanted her murdered.

Beazley continues: "Tonight we tell the world that there are no second chances in the eyes of justice. ... Tonight, we tell our children that in some instances, in some cases, killing is right."

Just the opposite is true. Justice gave Beazley 8 years on death row to make every thing as right as he could. To make amends, to show true remorse and contrition. But, instead, he threw that opportunity away, as well.

Instead, it is all about poor Napoleon. And yes, Napoleon, it is a good lesson for our children. Yes, in some cases killing is right, though never easy. It is right to search out and kill terrorists that pledge to murder innocents. And, it is just and right to execute terrorists like Napoleon Beazley.

Napoleon asks: "But who's wrong if in the end we're all victims?" It is so common for self serving criminals to see themselves as victims. Beazley was no different.

Beazley implores: "Give (death row murderers) a chance to undo their wrongs." It is, of course, impossible to undo a capital murder and the ensuing horror and pain that still remains with those who cared and loved John Luttig.

You would think that after 8 years of dealing with his deep remorse that Beazley may have figured that out. But, it seems he figured out very little. More opportunities wasted.

Except for Napoleon's efforts at self pity, belittling murder victims and foul moral relativism. Those he figured out.

Beazley's final words say little about capital punishment, but a lot about Napoleon Beazley.

copyright 2002-2009 Dudley Sharp

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the Vienna Convention and US detention of foreign nationals
Posted by: dudleysharp on Jun 4, 2009 10:09 AM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
A Review of the Vienna Convention and US detention of foreign nationals
Dudley Sharp, Justice Matters, contact info below

RE: The International Court of Justice's (hereinafter ICJ) decision in the case of US violations of the Vienna Convention (hereinafter VC), in a case brought by Mexico re: 52 Mexican nationals on US death row. http://212.153.43.18/icjwww/idocket/imus/imusframe.htm

1. The ICJ decision violates the specific, unequivocal directive of the Vienna Convention that the Convention in:

"Realizing that the purpose of such privileges and immunities is not to benefit individuals but to ensure the efficient performance of functions by consular posts on behalf of their respective States"

2. This directive is given specific, additional support, within the subject Article 36 of the VC: within the opening and dominant directive of Paragraph 1:

"With a view to facilitating the exercise of consular functions relating to nationals of the sending State" http://www.un.org/law/ilc/texts/consul.htm

3. The ICJ completely dismisses this unequivocal directive of the VC. Put bluntly, the ICJ has no respect for the spirit and specific directives of the VC, in this regard. Had the ICJ honored the specific directives of the VC, this case would have been dismissed.

4. The ICJ circumvents their own precedents. Go to Separate opinion of Judge Vereshchetin (PDF 30 Kb)
As well as other comments.

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Vienna Convention - the real issues
Posted by: dudleysharp on Jun 4, 2009 10:31 AM   
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contd

Vienna Convention - the real issues

1. The primary violation of the VC, from which all others are dependent, is that the US did not inform arrested foreign nationals of their right to contact their own consulate.

The police didn't say:

"You have the right to contact your consulate, if you want to."

That's it.

2. It is very important to point out that
a. all detainees could have contacted their consulates whenever they wanted to, absent that notification and
b. all 52 detainees had attorneys who all knew they could contact the consular offices, at any time, had they believed such contact could have been helpful. They didn't.
c. No one prevented anyone from contacting their embassy

The main issue of this ICJ court case was not the violation of notification, which both parties had conceded to for some time, but one of the remedy for such violation.

Ignoring the fact that the VC states that the VC has nothing to do with individual rights, and the fact that the ICJ doesn't care what the VC says on that issue, the ICJ stated that the US must provide new hearings in these cases.

In the US, hearings are based upon meeting a threshold of evidence which can support the call for a hearing. If that threshold is not met, then the appellate courts will rule against a hearing. Overwhelmingly, the VC issues have been reviewed by courts and the claims have been dismissed.

They have been barred because of time limitations on originating the appeal or not preserving it at trial, properly, or that the VC issue resulted in harmless error, meaning that neither the sentence nor the verdict would have changed, had the VC been properly administered.

Many appellate claims for US citizens are denied in US courts for the exact same reasons.

It is important to note that THE ICJ DIRECTIVE IS ASKING FOR A SPECIAL HEARING OVER AND ABOVE THAT WHICH US CITIZEN DETAINEES ARE GRANTED WITHIN THE US.

FURTHERMORE, THERE IS NO PROVISION WITHIN THE VC WHICH REQUIRES OR DIRECTS THAT THE TAKING AUTHORITY MUST VIOLATE THEIR OWN LAWS AND PRECEDENTS IN ORDER TO ENFORCE THE VC.

Paragraph 2, article 36 states:

"2. The rights referred to in paragraph 1 of this Article shall be exercised in conformity with the laws and regulations of the receiving State, subject to the proviso, however, that the said laws and regulations must enable full effect to be given to the purposes for which the rights accorded under this Article are intended. "

The appeals, as reviewed above, have, already, fulfilled this requirement. The notification issued had been reviewed by both state and federal courts.

In Reuters, 1/19/09: "The United States accepts that the original 2004 ruling places on it a binding legal obligation, said John Bellinger, legal adviser at the U.S. Department of State, adding it was disappointing the court had held that Medellin's execution violated international law. 'Mr. Medellin has had numerous reviews of his case ... It is worth noting that his absence of consular notification was in fact specifically reviewed by a number of state and federal courts,' Bellinger said (1)

In the overwhelming majority of the 52 Mexican detainee cases, there is little doubt that the detainees received super due process and other protections within their cases.

copyright 1997-2009 Dudley Sharp
Permission for distribution of this document, in whole or in part, is approved with proper attribution.


1www.reuters.com/article/domesticNews/idUSTRE50I44I20090119

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Take it from one who knows
Posted by: cntkaneeryah on Jun 5, 2009 7:02 PM   
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I speak with a certain degree of experience that I am not proud of but I certainly use to my advantage now. I am an ex-con who happens to have a family member that was executed by the state of Missouri. Let me tell you it is a strange thing to be a part of a system that has killed one of your family members.I have been exposed to every type of criminal there is and the death penalty to me should be up to the family in the cases where death is deemed warranted. These are the only people who truly have that kind of stake in the matter. Of course there will be some deviations from this due to circumstances.I know for a fact that there are multiple murderers with more than one victim that could conceivably see parole. While in the same state a person with one victim who has reputation or money or the inmate had no money for a lawyer is awaiting death. It should not be up to an individual to decide this. No matter the office they may hold it is too much power and too subjective. I truly believe we need an advocacy system where there is a voice for the victim. Some may want leniency others may want vengeance. Let those who have paid the price determine the price to be paid!

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SOTOMAYOR LOGIC
Posted by: reelman on Jun 8, 2009 7:58 PM   
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CRIME STATS & SOTOMAYER LOGIC

From IBD 6.8-09:

One of the eight reasons Sotomayor et al. give for opposing capital punishment is that it “creates inhuman psychological burdens for the offender and his/her family.” So what about the trauma inflicted on the families of his/her victims? What about the children orphaned, the wives widowed? This is empathy gone terribly wrong.

The Sotomayor memo also says: “The problem of crime and society is so complex, it is unreasonable to think that capital punishment will result in preventing it or diminishing it.” If Sotomayor doesn’t think the death penalty is a deterrent, just ask the family of a prison guard murdered in a state without it. Without the death penalty, such a crime is possible.

Without the death penalty, the clerk of a convenience store being robbed is likelier to be murdered, eliminating the only witness to a crime. In many crimes, if the predator faced the ultimate penalty, the victim might not.

As researcher John Lott Jr. reports: “Generally, the studies over the last decade that examined how the murder rates in each state changed as they changed their execution rate found that each execution saved the lives of roughly 15 to 18 potential murder victims.”

Then there’s the Sotomayor kicker: “Capital punishment is associated with evident racism in our society. The number of minorities and the poor executed or awaiting execution is out of proportion to their numbers in the population.”

Fact is, murders and victims don’t fall in neat demographic columns. Black people represented an estimated 13% of the U.S. population in 2005 but were the victims of 49% of all murders. According to the FBI Uniform Crime Report, 2007, 90.2% of black murder victims were murdered by other blacks. Do we care more about black murderers or black victims?
=====
CRAWFISH NOTE: Will we ever see the day when the liberals realize that moral choices are the root of crime?
That fornication families breed criminals? That dropouts breed criminals. That hateful rap & victim worship breeds criminals?
That unearned money rarely raises morality? That Churches play a positive role in lowering crime?
Maybe not…since modern liberalism is a mental disorder cured only by reality acceptance which requires common sense logic.

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