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Showing posts with label justice. Show all posts
Showing posts with label justice. Show all posts

Sunday, July 14, 2013

Justified

Posted on 6:27 AM by Unknown
By Capt. Fogg

This isn't the first time I've said that Justice in America isn't about the law, it's about the lawyers. It won't be the last time. The web-footed honkers and quackers at CNN were still telling each other as I switched it all off and went to bed, that we have a pattern of letting killers go free, but if you have a memory longer than a goose and if you still make an effort to look past the selected stories the angertainment industry allows us, you'd be aware that if there is a pattern, it's a pattern of framing the innocent.

I was appalled last Friday night when Cornell West told us on Bill Maher's show that Florida's Stand Your Ground law allowed everyone to carry a gun, but not surprised. The level of ignorance about gun laws is shockingly high, stubbornly held and sadly near universal amongst those most vociferously opposed to public ownership of weapons. Tragically sad because the law is written to exclude the right to chase down, confront and threaten or even to escalate a dispute if one wants to claim self-defense, but as I said, it's not about the law, it's about glib and sarcastic trial lawyers, dull witted jurors and ignorance.

I dread to read the news this morning. I don't want to lose my breakfast over yet more railing against guns, I don't want to hear that the decision to acquit Zimmerman was all about race or any of the other stale arguments imposed on this case before Trayvon Martin was interred. As far as I'm concerned, it's just another flim-flam defense based on making the law seem to say what it doesn't, and it doesn't say that you can shoot someone -- an unarmed someone who knocks you down or gives you a bloody nose particularly when you instigated the fight and violated someones civil rights in the process. In fact, the law was designed to allow someone like Martin to use deadly force to defend himself against someone, some "crazy cracker" posing a credible threat to his life to force him out of any place he had a right to be. He brought his fists and some skittles to a gun fight. 

Innocent people wind up on death row. People are incarcerated for decades and their lives ruined for smoking Marijuana or receiving naked pictures of a girlfriend on a cellphone. People are locked up with false accusations and to me, that's worse than that a guilty man should go free, but although the NRA will doubtless try to make him a folk-hero like Bernhard Goetz, there is little similarity. Martin wasn't carrying a sharpened screwdriver and demanding money and Goetz didn't corner the muggers in a dark alley. Goetz wasn't a vigilante, Zimmerman I think, was, defending a community against burglars by carrying weapons and confronting and chasing suspicious people, something the gun laws do not permit.

But again, it's about the lawyers and while it's a respectable and necessary profession in any civilization, people like Mark O'Mara disgust me, convincing a jury that his "muscle tone" and perhaps his dangerous, hoodie wearing image was responsible not only for Zimmerman having chased him down but justified shooting him.

No doubt many axes of all sorts will be ground on this case. Perhaps as with OJ and Bernhard Goetz there will be a wrongful death suit and I think there's a good case for it. Although I don't think either victim or vigilante was without fault or are in any way heroes, I do think the preponderance of responsibility is on Zimmerman. There is a responsibility on us as well -- not to traduce the law, misrepresent it or to make more of this case than it is for the purpose of furthering our politics, but of course, this being America it's a false hope to expect us not to -- as false as we are.

(Cross-posted at Human Voices.)
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Posted in justice, Treyvon Martin, Zimmerman trial | No comments

Sunday, July 7, 2013

Media bias and 22 years on death row

Posted on 8:00 AM by Unknown
By Frank Moraes

I keep waiting to hear something about Debra Milke, the women who was wrongly convicted of having her son murdered 23 years ago. But I guess Maricopa County hasn't decided if they are going to retry her yet. Regardless, The Daily Beast published an article a bit more than a month ago that showed a lot of what is wrong with the media's coverage of our justice system, Death Row Debbie Milke Could Soon Be Free. The problem is not just the original reporting but this article itself.

Much of the article focuses on Phoenix journalist Paul Rubin. He reported on the trial at the time. And I find his whole approach to the case deeply troubling. He seems to see it more like theater than a criminal trial. For example, he said, "She was one of the worst witnesses I've ever seen." He added that when the prosecutor handed Milke her son's shoes for identification, "She just nodded." Oh my God! That is telling.

The Daily Beast writer, Terry Greene Sterling, added to this impression by noting that the misogynistic lying copy, Armando Saldate "had been a police officer for 21 years, and had testified frequently in court." So you see: it isn't that an injustice was done; this is just the kind of thing that happens to bad performers. If only Milke had learned her trade by testifying at trials for lesser crimes, maybe she could have competed with such a polished pro as Saldate.

The original journalist continues to wrong Milke (and Sterling willingly obliges). He noted that 22 years ago, Milke seemed "kinda flirty" during interviews. I don't even know what that means, but Rubin clearly thought it meant she was guilty. Now, I don't know what Rubin's or any other reporter's stories looked like. But I'm sure they were a lot heavier on innuendo about Milke and a lot lighter on Armondo Saldate's background. And that was kind of important given that the entire reason that Milke is currently on death row is his testimony that Milke confessed to him.

I don't doubt that both reporters consider themselves as objective. But this is a what passes as objective reporting from Sterling:
In overturning Milke's conviction, the appellate court didn't find her innocent. "Milke may well be guilty, even if Saldate made up her confession out of whole cloth," Kozinski wrote. "After all, it's hard to understand what reason Styers and Scott would have had for killing a four-year-old boy. Then again, what reason would they have to protect her if they knew she was guilty?"

I have two problems with this. First, that first sentence is almost panicked, "No one said Milke's innocent!" That seems highly defensive as though the Arizona journalists are a little tender about that point. Could it be that their "objective" coverage at the time was anything but? Second, I don't find the lack of motive from Styers and Scott hard to understand at all. The prosecution never looked for a motive because they had already decided that they knew. This statement by the court shouldn't just be left hanging there with no context. Regardless, I don't see any reason why the guys didn't roll over on her, but I can well imagine there might have been some.

When you read me, you know where I'm coming from. I know that cops perjurer themselves all the time. I know that they fabricate evidence. I know that they make snap judgments about cases and then disregard contradictory evidence. That doesn't make me an idiot, but I have a perspective. The problem is that Rubin and Sterling have a perspective too. They just want you to think that they don't. (In fairness, they probably think they don't too.)

In Rubin's case, this is more forgivable. But Sterling wrote an article that spent much time discussing whether Milke was guilty when that is not what this story is now about. The question is whether she should have been convicted in the first place. The evidence is overwhelming that she should not have been. And maybe if the justice system weren't so screwed up that the prosecution went to trial with a single piece of evidence, they might have searched for more and found it. But they didn't. The question is quite simply, "Was justice done?" And no amount of commentary about court decorum and "flirty" behavior will change that. Justice was not done and that woman should be set free.

Afterword


The article ends with a quote from Rubin regarding seeing Milke at a recent hearing, "She was a hunched-over white haired woman. I was shocked." Yeah. That's what 22 years on death row can do to a person. It isn't about the fact that she was a bad witness, asshole! At least it isn't supposed to be.

(Cross-posted at Frankly Curious.)
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Posted in Debra Milke, justice | No comments
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Blog Archive

  • ▼  2013 (500)
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