Category Archives: Crime and Punishment

Terrorism? Hate crime? It was worse. It was “multiple counts of first-degree murder”

This morning on the radio, I heard the question raised as to whether the killings at the Sikh temple in Wisconsin should be considered an act of “domestic terrorism.”

Sure, I said to myself. And that would have been that, except that I then proceeded to think about it, and changed my mind.

“Terrorism” has to have a political aim — a goal to be achieved by sowing terror within a population. (Such as, for instance, trying to cow Americans to the point that we withdraw troops from Saudi Arabia, which was Osama bin Laden’s motive.) Without that, it’s something else.

The Oklahoma City bombing pretty much (although not perfectly) fits the definition because the conspirators — and the existence of multiple conspirators lends credence to the political aspect — were trying to send a message in response to Waco and Ruby Ridge. I’m not entirely clear what policy goal they hoped to achieve, but the use of mass murder to send a political message seems pretty clear.

We’ve heard about how the Sikh temple killer was a white supremacist, which nudges us toward politics, but that only suggests that if he was going to kill somebody, it seems likely he’d strike at nonwhites. Which he did. But that still suggests irrational personal animus more than saying he had some policy goal in mind.

There are those who would call it a “hate crime.” Well, they can do so without me. I could see it as a crime motivated by hate (one supposes some strong emotion was involved, although perhaps not), but I don’t hold with having a special category of crime based in the attitudes of the perpetrator, beyond such basics as whether the crime was intentional. We punish actions in this country, not opinions.

Attorney General Eric Holder seems to have wanted to cover all bases today, calling it “an act of terrorism, an act of hatred, a hate crime.”

Of course, his goal is to offer succor to mourners on behalf of the community, which means saying anything and everything that might express the country’s horror. If he were acting as a prosecutor in the case, we would have every right to demand that he be more precise.

And that’s the thing here that makes the search for motives, for terminology that will place a name upon these horrific crimes and thereby place them in a box of understanding — there will be no trial, no public proces of discernment and administration of justice. The killer robbed the mourners of that by killing himself.

On “Tell Me More” this afternoon as I was coming back from lunch, I heard a discussion that contained some foolishness (something to the effect that if it had been a dark-skinned man shooting up a bunch of white people, that would be terrorism), but also some wisdom — the point was made that people reach for an explanation like “terrorism” (or, I would add, “hate crime”) rather than random act of evil because that suggests there’s something we can do about it going forward. A political movement with a violent agenda is something you can take action against, and prevent further such acts. But an individual act of madness, or personal evil — how do you ward that off?

What we know is that there were six acts of senseless, premeditated murder. Which is more, far more, than bad enough. And in terms of how empowered we feel to deal with it, more horrible than anything else.

Never forget the lesson of video poker

Cindi’s column today (“The danger of video gambling isn’t the gambling“) about the problem with video gambling in SC today contained a paragraph that she would keep on a SAVE/GET key* if she still had one:

Video gambling was born of corruption. A powerful state senator, who would escape federal extortion charges only by dying before the indictments could be issued, slipped what he called a “technical” change into state law that legalized one of the most addictive forms of gambling on earth. Over the next decade, the rogue industry grew into one of the most potent political forces in our state by ignoring what meager laws we had and pumping hundreds of millions of dollars of its ill-gotten gains into political campaigns. At its heyday, it was admitting to revenue equal to half the state budget. It managed to take out a governor and nearly take over the Legislature.

The “powerful state senator,” of course, was Jack Lindsay, of Bennettsville, my hometown. And the way he got the “technical” change into law was via a proviso. Provisos are of course a terrible way to make state law, precisely because they’re a great way to sneak something past one’s colleagues.

What a lot of my readers — such as Bud — fail to understand about video poker is that the problem wasn’t the gambling, per se. Although it was indeed a particularly insidious and addictive form of gambling. The reason The State‘s editorial board turned against it was the way we saw it undermine and corrupt the legislative process. Toward the end, it was rare for lawmakers ever to dare try to effectively regulate or tax it, because they knew they’d face well-financed primary opposition if they did. (Which is why in recent years you’d sometimes see references to “school choice” as a latter-day video poker.)

They looked upon the fate of David Beasley and trembled. And despite what our governor thinks, a trembling Legislature is not actually a “beautiful thing.”

The Raskolnikov Syndrome

This wonderful photo, entitled "Portrait of Raskolnikov," was taken by Samanyu Sharma of India. I hope he doesn't mind my using it here; it just illustrated my point so well. I couldn't figure out how to contact him.

“You’re crazy,” Clevinger shouted vehemently, his eyes filling with tears. You’ve got a Jehovah complex… You’re no better than Raskolnikov –“
“Who?”
“–yes, Raskolnikov, who–“
“Raskolnikov!”
“– who — I mean it — who felt he could justify killing an old woman –“
“No better than?”
“– yes, justify, that’s right — with an ax! And I can prove it to you!”

I’ve long had this theory that people who do truly horrendous things that Ordinary Decent People can’t fathom do them because they’ve actually entered another state of being that society, because it is society, can’t relate to.

Quite simply, people like James Eagan Holmes are able to spend time planning a mass murder, prepare for it, gather guns and ammunition and explosives and body armor, and actually go to the intended scene of the crime and carry it out, without ever stopping and saying, “Hey, wait a minute — what am I doing?” because they’re not interacting enough with other human beings.

This allows their thoughts, unchecked, to wander off to strange places indeed — and stay there, without other people making social demands on them that call them back.

I think there’s a quality in the social space between people that assesses the ideas we have in our heads and tells us whether they are ideas worth having, or so far beyond the pale that we should stop thinking them. This vetting doesn’t have to be conscious; it’s not like you’re overtly throwing the idea out there and seeking feedback. I think that in your own mind, you constantly test ideas against what you believe the people around you would think of them, and it naturally affects how you regard the ideas yourself. I think this happens no matter how independent-minded you think you are, no matter how introverted in the Jungian sense. Unless, of course, you are a true sociopath. And I believe a lack of sufficient meaningful interaction with other people you care about plays a big factor in turning you into one of those.

Dostoevsky’s Raskolnikov was the perfect case, fitting all the criteria we keep hearing about. Brilliant young mind, but he suffered a series of setbacks that embarrassed him and caused him to draw away from his friends. Living hundreds if not thousands of miles from his family, he was forced by lack of money to drop out of school. Rather than make money doing the translations his friend Razumikhin tried to throw his way, he fell to brooding in his ratty garret, or wandering alone through the crowded city, thinking — and not sharing his thoughts.

His murderous plan started with a provocative, if not quite mad, idea that he wrote an essay about — setting out the theory that extraordinary people who were destined to do extraordinary things for the world had a right, if not a duty, to step over the normal social rules and boundaries that restricted ordinary people. Had he been in contact with friends and family, they would have challenged him on this, as Razumikhin did late in the book, when he learned of the essay. Maybe they wouldn’t have changed his mind, in the abstract, but if he had been having dinner each night with his mother and sister, and going out for drinks regularly with Razumikhin, it would have been impossible for him to have carried it to the next level.

I’m not saying he would ever have run the idea up the flagpole with his friends and family, and then been checked outright. He wouldn’t have said, “I think my idea’s a good one, so you know what I’m going to do? I’m going to kill that old woman I keep pawning my possessions with, and take her money, and go back to school and achieve my potential.” No. What I’m suggesting is that if you are constantly around normal, decent human beings who care about you, who ground you in humanity, you won’t allow your thoughts to run that far out of bounds. You’ll check yourself.

My “proof” for this theory — which I’m sure has occurred to thousands of other people (I don’t share Raskolnikov’s delusions about my own brilliance) — lies in what happened when, unexpectedly, his mother and sister appear in his life again, right before him in his own dingy room.

It happens after Raskolnikov has committed his crime — a crime that that has an emotional impact on him he didn’t anticipate, although he’s more or less holding up. He has renewed acquaintance with Razumikhin, a bit late for any positive socializing influence to prevent the murders.

And he comes home, and BANG, there are the two most important people to him in the world, the people whose absence had sent him into such a tailspin:

The 40 years since I read that played a trick on me. I could have sworn that the passage was more specific about exactly what happened in his mind when he saw his mother and sister. I thought it said something like, “In that moment, it came to him in a flash what he had done.”

And maybe the translation I read did. Or maybe I was just so sure that that was the “sudden and insupportable thought” that “chilled him to the marrow.”

In any case, it still seems clear that while he had been able to think of his crime in one way in isolation — a way that actually made it possible — he didn’t truly realize what he had done, in human terms, until suddenly faced with the two people who most mattered to him, and who would be most horrified, to the cores of their souls, to know what he had done. He saw himself, and all he was and all his actions, in an entirely different way through their eyes.

Under my theory, if he had been in regular contact with his mother and sister, he would have had that realization long before getting to the point of committing his crime.

Could (should) Big Brother have stopped Holmes?

Fascinating piece in the WSJ today, posing the following question:

Would Total Information Awareness have stopped James Eagan Holmes?

You perhaps remember the fuss. That program by the Defense Department was curtailed when the Senate voted to revoke funding amid a privacy furor in 2003. The project had been aimed partly at automatically collecting vast amounts of data and looking for patterns detectable only by computers.

It was originated by Adm. John Poindexter—yes, the same one prosecuted in the Reagan-era Iran-Contra scandal—who said the key to stopping terrorism was “transaction” data. For terrorists to carry out attacks, he explained in a 2002 speech, “their people must engage in transactions and they will leave signatures in this information space.”

The Colorado shooter Mr. Holmes dropped out of school via email. He tried to join a shooting range with phone calls and emails going back and forth. He bought weapons and bomb-making equipment. He placed orders at various websites for a large quantity of ammunition. Aside from privacy considerations, is there anything in principle to stop government computers, assuming they have access to the data, from algorithmically detecting the patterns of a mass shooting in the planning stages?…

This not only evokes 1984, but the department of “pre-crime” envisioned in “Minority Report.” Which should send all sorts of shivers down the sensitive spines of libertarians.

But a legitimate question is being posed here. Since such data is being mined, should not someone be on the lookout for transactional patterns such as those Holmes engaged in? Guy suddenly isolates himself from society (a step leading to what I call the Raskolnikov syndrome), buys several rapid-fire weapons and lots and lots of ammunition? If it’s possible for such patterns to raise red flags, then shouldn’t it, if it can prevent the deaths of innocents?

In passing on this question, I’m not thinking in terms of having the cops bust down doors and file charges against people for having raised red flags. But I do think it might be worthwhile to have a chat with someone displaying such signs, to ascertain what is going on — or perhaps making the people in that person’s life aware of what’s happening, to empower them to intervene if they see fit. That could go a long way toward snapping some potential killers out of their trip down the rabbit hole.

As the columnist asks of the NSA: “Did it, or could it have, picked up on Mr. Holmes’s activities?” And if not, why not? And if it did, what should it have done?

So did they win those games, or didn’t they?

Photo by Melissa Dale from Meadville, USA

First, I’d like to know whether this Penn State thing is over yet. Oh, I know it will never be over in terms of what happened to the victims of that pervert coach. May God ease their pain. I just want to know whether, now that he has been duly convicted, the bulletins will stop coming on my iPhone, and interrupting me as though war had been declared, as though what happens or doesn’t happen to a college football program in a whole other part of the country from me were of earth-shattering importance. Which it isn’t. I think it reached the height of absurdity on Saturday (or was it Sunday?) when I was awakened (I like to sleep late on weekends) by bulletins telling me that this Joe Paterno person’s statue was being taken down. Really. A statue.

As of this moment, there are four recent bulletins still available on my phone from The New York Times reaching back nine days. Two of them are about Penn State (one is about the Colorado shootings, the other about the new Yahoo CEO). I still have five WLTX bulletins, going back about two days (WLTX has a low “bulletin” threshold) . Two are about Penn State, one of them being about said statue. Another is also about college football, telling me that former Gamecock coach Jim Carlen has died. The other two are actually about things that people in the community might need to know about urgently — the standoff in Five Points on Saturday.

Now, another question…

The most recent bulletins to pester me had to do with this morning’s decision by the NCAA as to how it would punish Penn State, in the wake of last week’s finding of a long-term coverup.

First, what the NCAA did not do: It did not close down the football program. If you want to say the program was rotten because of the cover-up, it seems that would be a logical thing to do. But they didn’t. Whatever.

But what grabbed my attention was among the steps taken against the program was that “all victories from 1998-2011 have been vacated,” to which I went, “Huh?”

Excuse me: Did those players win those games or didn’t they? If they won them, they won them. If they didn’t win them, they didn’t win them. Period.

I Tweeted that out early today, and one reader immediately responded to agree with me. But others started arguing. Beth Padgett, editorial page editor of The Greenville News, explained, “Games won Wins don’t count,” which may make sense to football fans, but not to me. I replied, “You’ve lost me. Probably because I’m not fan, don’t understand the mystique. Facts are facts. Wins are wins. Not that I care…”

Garrett Epps responded to my assertion that “they either WON those football games or DIDN’T, regardless of the unrelated, horrible things some coach did,” with a one-word question: “unrelated?”

Absolutely, said I. Over here, some coach did horrible things. Over there, some kids won some games. One fact is not dependent upon to the other. He responded, “Glad we cleared that up. Sanduskywas NOT defensive coordinator for a number of years? i was confused. Thought he was.”

OK, so… is the theory that without this guy, they wouldn’t have won the games? We know that? How? All we know is what happened.

And to me, whether some kids won some games they played in is a fact that has no moral content whatsoever, good or bad. I could not care less who won those games. But I do know absurdity when I see it. And saying they didn’t win games they did win, for whatever purpose, is an absurd lie. We don’t get to say that the North lost the Civil War because (in South Carolina’s estimation, anyway), William Tecumseh Sherman was a terrorist, and Ullyses S. Grant was a drunk. They either won or they didn’t. (And they did. So, you know, time to take down that flag, boys.)

Saying Penn State didn’t win games it did win is like the NCAA deciding to “punish” the program by declaring the players took the field in yellow uniforms instead of blue. It’s just not true.

I get a clue as to the thinking behind this denial of reality from this WashPost Tweet, “Joe Paterno is no longer the winningest football coach in college football history.”

OK, so, from what little I know about college football, I’m guessing that statement would really hurt Paterno where he lives. If, you know, he lived. But he’s dead. You can’t do anything to hurt him. And as an attempt to do so, this denial of what happened is pretty lame.

I mean, as long as we’re changing history, why not wave the same magic wand and declare that all those kids were not abused by Sandusky? I’ll tell you why not: Because it would be a cruel mockery. Of course they were abused, and that pain will never go away. And it seems extremely unlikely that it would be assuaged in any way by pretending that Paterno’s team didn’t win those games.

Eerie coincidence: Critic wrote of death threats related to “Dark Knight” BEFORE the shootings

Publicity still from the official website.

This is downright eerie.

Joe Morgenstern wrote this postscript to his review of “The Dark Knight Rises” in the edition of The Wall Street Journal that was delivered to my home this morning — meaning it went to press well before the mass murder in Colorado:

A note about the perils of being a movie critic in the age of polarized fandom.

I may have saved my life without realizing it by liking “The Dark Knight Rises” sufficiently—or disliking it with sufficient restraint—to have my review categorized as “ripe” rather than “rotten” on Rotten Tomatoes, a popular website that aggregates movie and DVD reviews. For those of us who write about movies to provoke discussion, these reductive categories are awfully silly, but they’re also symptoms of the love/hate, either/or ethos of contemporary discourse. In the realm of the Internet, as well as talk-radio and politics, that discourse has been growing ever more poisonous, and now the poison has contaminated Rotten Tomatoes. Earlier this week the website was forced to shut down its user comments on “The Dark Knight Rises” when negative reviews—officially adjudged “rotten”—by two of my colleagues, Christy Lemire and Marshall Fine, provoked floods of vile responses that included death threats.

Batman movies may be a bit of a special case, what with fanatical fanboys trolling the Internet to root out negative opinions of their supersolemn hero. But the Dark Knight’s acolytes don’t have a monopoly on intolerance of dissent. They’re part of a rising tide that threatens to drown Internet discussion in shrill opinion. The editors of Rotten Tomatoes have the right to excise such clearly intolerable comments, and the responsibility to improve procedures for screening out new ones. Once that’s done, however, the comments function should be fully restored. Free speech for the many shouldn’t fall victim to abuse by the few.

Write to Joe Morgenstern at [email protected]

Wow. If the shootings had NOT happened last night, I would simply have agreed with him about the decline of discourse, particularly on the Web.

As things happened, this is particularly startling.

By the way, the way I learned of this horror was particularly unsettling. I mentioned earlier today having trouble sleeping last night, worrying because my daughter was ill in a faraway country. What sleep I got was punctuated by the sound of my iPhone receiving bulletins about the shootings. The first bulletins confused me — how could there have been a shooting at a mall in the wee hours of the morning? It was only later — 5 a.m. or so — that the more complete bulletins mentioned the midnight showing of this film, so that I understood. To the extent that you can understand anything like this.

Will you lose access to the Internet today?

Let’s hope not, because that could put a serious crimp in your enjoyment of bradwarthen.com. Which would be awful.

Fortunately, The Washington Post has provided a handy guide to the threatening virus, and what to do about it if it you have it.

You should probably go check now, since it’s harder to cure after it strikes than before:

To see if you have the virus, you can head to any number of checker Web sites such as the DNS Changer Working Group or theFBI itself to either enter your IP address or simply click a button to run a check against addresses known to have problems. With any luck, you’ll be free and clear and won’t have to worry about the problem any further.

If you are infected with the virus, then you’ve got a longer — but not impossible — process ahead of you. According to the DCWG, those infected with the virus should first back up any important files. You can do that fairly easily with an external hard drive or even a thumb drive.

From there, you can run one of several trusted tools to get rid of the virus. Again, the DCWG has a list of them on its site, which includes programs such as Microsoft Windows Defender Off line, Norton Power Eraser and MacScan, all of which have updated their definitions to include this particular virus.

Here’s hoping you, and I, enjoy a virtual disease-free Monday.

Fast and Furious and Very Confusing

Some of my readers have evinced an interest in this Fast and Furious thing that is causing such a stir in Washington. Seeking to learn more about it, I started reading the results of a six-month investigation into the case by Fortune magazine. It left me more or less as confused as I was before.

An excerpt:

As political pressure has mounted, ATF and Justice Department officials have reversed themselves. After initially supporting Group VII agents and denying the allegations, they have since agreed that the ATF purposefully chose not to interdict guns it lawfully could have seized. Holder testified in December that “the use of this misguided tactic is inexcusable, and it must never happen again.”

There’s the rub.

Quite simply, there’s a fundamental misconception at the heart of the Fast and Furious scandal. Nobody disputes that suspected straw purchasers under surveillance by the ATF repeatedly bought guns that eventually fell into criminal hands. Issa and others charge that the ATF intentionally allowed guns to walk as an operational tactic. But five law-enforcement agents directly involved in Fast and Furious tell Fortune that the ATF had no such tactic. They insist they never purposefully allowed guns to be illegally trafficked. Just the opposite: They say they seized weapons whenever they could but were hamstrung by prosecutors and weak laws, which stymied them at every turn.

Indeed, a six-month Fortune investigation reveals that the public case alleging that Voth and his colleagues walked guns is replete with distortions, errors, partial truths, and even some outright lies. Fortune reviewed more than 2,000 pages of confidential ATF documents and interviewed 39 people, including seven law-enforcement agents with direct knowledge of the case. Several, including Voth, are speaking out for the first time.

How Fast and Furious reached the headlines is a strange and unsettling saga, one that reveals a lot about politics and media today. It’s a story that starts with a grudge, specifically Dodson’s anger at Voth. After the terrible murder of agent Terry, Dodson made complaints that were then amplified, first by right-wing bloggers, then by CBS. Rep. Issa and other politicians then seized those elements to score points against the Obama administration, which, for its part, has capitulated in an apparent effort to avoid a rhetorical battle over gun control in the run-up to the presidential election. (A Justice Department spokesperson denies this and asserts that the department is not drawing conclusions until the inspector general’s report is submitted.)

“Republican senators are whipping up the country into a psychotic frenzy with these reports that are patently false,” says Linda Wallace, a special agent with the Internal Revenue Service’s criminal investigation unit who was assigned to the Fast and Furious team (and recently retired from the IRS). A self-described gun-rights supporter, Wallace has not been criticized by Issa’s committee.

The ATF’s accusers seem untroubled by evidence that the policy they have pilloried didn’t actually exist. “It gets back to something basic for me,” says Sen. Charles Grassley (R-Iowa). “Terry was murdered, and guns from this operation were found at his murder site.” A spokesman for Issa denies that politics has played a role in the congressman’s actions and says “multiple individuals across the Justice Department’s component agencies share responsibility for the failure that occurred in Operation Fast and Furious.” Issa’s spokesman asserts that even if ATF agents followed prosecutors’ directives, “the practice is nonetheless gun walking.” Attorneys for Dodson declined to comment on the record…

A bit further down, I find a description of the thing that has confused me the most about this case, and all the GOP indignation over it:

Irony abounds when it comes to the Fast and Furious scandal. But the ultimate irony is this: Republicans who support the National Rifle Association and its attempts to weaken gun laws are lambasting ATF agents for not seizing enough weapons—ones that, in this case, prosecutors deemed to be legal…

Court strikes down parts of Ariz. immigration law

As I run out of here to go to Rotary, I toss this up for discussion:

Court rejects parts of Arizona immigration law

The Supreme Court on Monday rejected much of Arizona’s controversial immigration law, but upheld other provisions, giving a partial victory to the Obama administration.

The court ruled that Arizona cannot make it a misdemeanor for immigrants to fail to carry identification that says whether they are in the United States legally; cannot make it a crime for undocumented immigrants to apply for a job; and cannot arrest someone based solely on the suspicion that the person is in this country illegally.

However, the court let stand the part of the law that requires police to check the immigration status of anyone they detain, if there is “reasonable suspicion” that the person is unlawfully in the United States. Even there, though, the justices said the provision could be subject to additional legal challenges. The court said it was “improper” for the federal government to block the provision before state courts have a chance to interpret it and without determining whether it conflicts with federal immigration law in practice….

The court also said the biggie — a ruling on Obamacare — is coming up Thursday…

Conviction speaks to core issue in sex abuse cases

Every national MSM site is currently leading with this story:

PHILADELPHIA — Msgr. William J. Lynn, a former archbishop’s aide, was found guilty Friday of endangering children, becoming the first senior official of the Roman Catholic Church in the United States to be convicted of covering up child sexual abuses by priests under his supervision.

The 12-member jury acquitted Monsignor Lynn, of the Archdiocese of Philadelphia, on a conspiracy charge and a second count of endangerment after a three-month trial that prosecutors and victims rights groups called a milestone in the sexual abuse scandals that have shaken the Catholic church….

There’s a good reason for that, and it’s not that the MSM is picking on the Church.

A lot of people think the problem is that Catholic priests tend to sexually abuse kids. That’s not the case. They are, if anything, less likely to do so than men in the aggregate.

The problem is that, in the rare (but not nearly rare enough) cases when it does happen, the Church on the whole has not — or at least, did not for far too long — respond effectively to prevent abusers from committing their horrific crimes again.

And that’s what this case addresses. That’s what makes it a “milestone,” as the NYT put it.

J. Jonah Jameson was right! (Of course he was — he was the editor!)

"I'll prove that wall-crawler's a menace if it's the last thing I ever do!"

Forgot to post this yesterday when I saw the news:

Peter Parker isn’t the only man trying to hide his identity by donning a Spider-Man mask.

A robber wearing the web slinger’s mask was spotted in two robberies June 11 in the Midlands.

In the first incident, the masked man and an accomplice swung into Computer MD in the 4400 block of St. Andrews Road, swiped four laptops and ran out the front door, Lexington County deputies say.

The store’s owner tried to chase them but couldn’t catch the men before they made off for the woods…

This, of course, vindicates J. Jonah Jameson, who’s been telling the world that webhead is a crook for years.

We editor types always know what’s really going on.

A conservative celebrates “growing government” — in the judicial branch

Our regular contributor Bryan Caskey celebrates the Senate’s passage of legislation expanding the state judiciary:

Six More Family Court Judges On the Way

Normally, I view additional government spending with a healthy dose of skepticism. However, even as someone who extols the virtues of fiscal restraint, I can absolutely say that we need more judges here in South Carolina.

Finally, the State Legislature has realized that South Carolina needs more judges to help manage the rising caseload here in the Palmetto State. Today, the SC Senate passed a bill approving the creation of six new family court judges and three new circuit court judges; nine in total.

This has been long overdue. South Carolina has the fewest number of judges per population and more than twice the national average of case filings per judge. Each year, Justice Toal tells the legislature these facts in her State of the Judiciary Report.
As a practicing lawyer here in South Carolina, I can tell you that wait times for hearings are longer than they need to be. I do a fair amount of family court work, and I do it throughout the state. Some counties run a tight ship, and others are an absolute nightmare.
In a certain county, in family court, just to get a hearing scheduled, not heard, can take up to six months. That’s insane. I know the wheels of justice are slow, but six months to get a hearing scheduled means the wheels of justice have fallen off. If you want to get the dockets moving, you have to have more people available to get the cases disposed of. Alternative dispute resolution (mediation) has taken some pressure off the court, but you cannot force people to agree. Sometimes, especially in family court, you have to have an adjudication…

I give him joy of those new judges. They were needed. It’s good to see at least one of the neglected areas of state governmental responsibility get at least some of the resources it needs.

The execution of the wrong Carlos

The Guardian has a fascinating story about the Columbia Human Rights Law Review‘s expose of a case in which, its exhaustive research indicates, an innocent man was executed in Texas.

Some excerpts:

From the moment of his arrest until the day of his death by lethal injection six years later, DeLuna consistently protested he was innocent. He went further – he said that though he hadn’t committed the murder, he knew who had. He even named the culprit: a notoriously violent criminal called Carlos Hernandez.

The two Carloses were not just namesakes – or tocayos in Spanish, as referenced in the title of the Columbia book. They were the same height and weight, and looked so alike that they were sometimes mistaken for twins. When Carlos Hernandez’s lawyer saw pictures of the two men, he confused one for the other, as did DeLuna’s sister Rose…

At the trial, DeLuna’s defence team told the jury that Carlos Hernandez, not DeLuna, was the murderer. But the prosecutors ridiculed that suggestion. They told the jury that police had looked for a “Carlos Hernandez” after his name had been passed to them by DeLuna’s lawyers, without success. They had concluded that Hernandez was a fabrication, a “phantom” who simply did not exist. The chief prosecutor said in summing up that Hernandez was a “figment of DeLuna’s imagination”.

Four years after DeLuna was executed, Liebman decided to look into the DeLuna case as part of a project he was undertaking into the fallibility of the death penalty. He asked a private investigator to spend one day – just one day – looking for signs of the elusive Carlos Hernandez.

By the end of that single day the investigator had uncovered evidence that had eluded scores of Texan police officers, prosecutors, defense lawyers and judges over the six years between DeLuna’s arrest and execution. Carlos Hernandez did indeed exist.

Liebman’s investigator tracked down within a few hours a woman who was related to both the Carloses. She supplied Hernandez’s date of birth, which in turn allowed the unlocking of Hernandez’s criminal past as the case rapidly unravelled…

You should just go read the whole thing. Or for that matter, the original study.

This, of course, is one of the main reasons I oppose the death penalty. There are others, but this one is enough for a lengthy discussion…

Obama: ‘If I had a son, he’d look like Trayvon.’

On a previous post, Phillip said that he likes Bill Maher (or at least excuses him) because “I find myself agreeing with him about 99% of the time.” I made it fairly clear that I do not.

But there are people who I find myself agreeing with to a degree that it is remarkable — a rare experience for me, since I reject the orthodoxies of left and right (which enable the people who do adhere to them to find themselves agreeing with certain people a lot). A good example would be Tony Blair. When he expresses his reasoning behind a position, I am struck by how much it is just like what I would say — or wish I were clever enough to say.

I have a similar experience with President Obama. There are a lot of things I disagree with him on, rather vehemently in some cases. But then he expresses himself on an issue in a way that strikes me as just right, and I am deeply impressed. (Needless to say, on these occasions he’s being about as different from Bill Maher as any one person can be.)

Today was such an instance, when the president carefully weighed in on the Trayvon Martin tragedy. I haven’t commented on it myself because I have thought that everyone else was commenting in such a facile manner — generalizing the incident to fit their own political and social predilections — and I couldn’t find a way to grab ahold of the matter in a way I found meaningful.

But then the president said this:

“I think every parent in America should be able to understand why it is absolutely imperative that we investigate every aspect of this,” Mr. Obama said. “All of us have to do some soul searching to figure out how does something like this happen.”…

“Obviously, this is a tragedy. I can only imagine what these parents are going through,” Mr. Obama said, his face grim. “When I think about this boy, I think about my own kids.”…

“You know, if I had a son, he’d look like Trayvon,” Mr. Obama said, pausing for a moment. “I think they are right to expect that all of us as Americans are going to take this with the seriousness it deserves, and we are going to get to the bottom of exactly what happened.”

Normally, I tend to react against such a personal, emotional response. But in this case, it was exactly right, and the president was wise to recognize it.

To me, this isn’t some microcosm of racial injustice or gun culture gone wild or any other generalization. This is a case — as near as I can tell, and my knowledge of the case is limited — of a confused, emotional, panicky, cowardly man with a gun in his hand pulling the trigger and causing a deep, personal, specific tragedy.

Yes, the president made a genetic, racial observation in saying that his theoretical son would look like the victim in this case. But the more important part of it is that he appeals to “every parent in America” to look at this situation AS parents, rather than as participants in a political debate. It says to whites who may want to recoil and get indignant at seeing, for instance, Al Sharpton exploit yet another tragedy, Set that aside. Look at the personal tragedy. Think of your own kids. That’s what I’m doing.

That’s the wisest possible thing he could have said.

If there’s anything else useful to say about this case, that is the best starting point.

Refusing to cooperate with police: I don’t hold with it, even if it’s the smart thing to do

Here’s something I have trouble with…

Andrew Sullivan’s Daily Dish brings to our attention this advice: Don’t consent to police searches. As he quotes Scott Morgan:

It’s always possible that police might search you anyway when you refuse to give consent, but that’s no reason to say “yes” to the search. Basically, if there’s any chance of evidence being found, agreeing to a search is like committing legal suicide, because it kills your case before you even get to court. If you refuse a search, however, the officer will have to prove in court that there was probable cause to do a warrantless search. This will give your lawyer a good chance to win your case, but this only works if you said “no” to the search.

And if you watch the video, you see a lecturer with a ponytail advising us how to politely refuse. That runs against my instincts (and, I’ll confess, the ponytail doesn’t help reassure me that the advised behavior is consistent with being a good citizen — silly, since I grew up in the 60s and used to have much longer hair than that, but the reservation is there).

This brings back to mind the fascinating lecture that Kathryn brought to my attention sometime back, explaining with great force and conviction why we should never answer police questions at all, but rely on the 5th Amendment no matter how innocent we know ourselves to be.

It’s very persuasive — but still runs against my grain. Maybe it’s my core, gut conservatism (real conservatism, not the kind you hear Republican politicians talk about all the time), which involves a deep respect for authority. Or my communitarianism, which demands good citizenship. I don’t know.

But here’s my prediction of what would happen if I were seriously questioned by police about anything: I would be deeply torn between my own desire to cooperate fully, and all this advice I’ve heard not to. And this would make me very uncomfortable and agitated. It would show on my face, intensifying the officers’ suspicion. The police would turn up the heat, thereby increasing my discomfort over my dilemma, thereby making me seem more guilty…

I think I’ll just stay in my house from now on and not answer the door.

Who got the dogs back? Woof! Woof, woof woof!

We hadn’t had any discussion here of recent pit bull thefts. This passage from a email newsletter from Mayor Steve Benjamin reminded me:

Sometimes we joke about running for dogcatcher. Well, earlier this week, the dogcatchers were making headlines instead of punchlines when the Columbia Police Department and Animal Services announced that they have arrested two individuals suspected of repeatedly breaking into the animal shelter and recovered 17 pit bulls stolen from the shelter.

I am so proud of all the men and women who worked to bring this situation to a speedy resolution and thankful for concerned citizens like Carey Shealy who, after hearing about the break-ins, voluntarily installed a number of security cameras at the shelter in the hopes that it would help law enforcement identify those responsible.

But while this effort further demonstrates the spirit of cooperation and generosity that makes Columbia such a wonderful place to live, it also highlights our growing need in finding homes for unwanted and too often abused pets.

We have so many animals that need and deserve a good home so I want to encourage all of you to do what you can. If you’re interested in adopting a pet or volunteering your time, please visit the shelter at 127 Humane Lane (off Shop Rd. and I-77) or call 776-PETS (7387).

Please, get involved and help make a difference in an animal’s life today.

I’d like to add my attaboy to the mayor’s.

And let me also add that Pawmetto Lifeline can use some help as well.

SC and the media: They shoot editors, don’t they?

This morning I was on Tom Finneran’s Boston radio show for the second time this week (Tom is the former speaker of the Massachusetts House; I met him in Key West last week), and was asked what the nation should make of the roar of approval that Newt Gingrich got last night when he blamed the media for bringing to light his second ex-wife’s allegations.

I explained that historically, the media got off light on that one. Playing to resentment to those “nattering nabobs of negativism” in the media is of course an old Republican pasttime across the country. But in South Carolina, it can get you everywhere.

Getting away with asking for an open marriage is nothing. This is a ploy that will enable you to get away with murder.

Literally.

So I regaled the Boston audience with the tale of N.G. Gonzales and James H. Tillman. Most of you know the story, but for those who don’t…

N.G. and his brother founded The State in 1891 for a specific purpose: to oppose the Ben Tillman machine. N.G. wrote the editorials, which lambasted the Tillmanites with a vehemence that would shock most newspaper readers in my lifetime, but which was par for the course in those days.

One of the targets of editorial vitriol was James H. Tillman, Ben’s nephew. James was the lieutenant governor, and aspired to be governor. N.G. wasn’t having it, and criticized him heavily during the 1902 campaign. Tillman lost. Not long after that, on January 15, 1903, N.G. was walking home for lunch. The newspaper office then was on Main St., and Gonzales had to turn the corner of Main and Gervais to get home. As he approached the corner, Tillman headed his way, coming from the Senate side of the State House with a couple of senators.

Tillman went straight up to Gonzales, drew a gun, and shot him in cold blood. He did this in the presence of many witnesses, including a policeman.

As N.G. fell, he cried, “Shoot again, you coward!” As one who inherited his mission of writing editorials for The State, I’ve always been proud of him for that.

He died four days later.

Tillman was arrested and charged with the murder, of course, but the defense obtained a change of venue to the friendlier Lexington County. A strategy of self-defense was attempted, but didn’t seem to be getting anywhere. Then,  the defense entered N.G.’s editorials into evidence.

The jury acquitted Tillman. The ostensible reason was self-defense, but since there was nothing to support that — Gonzales was unarmed and not threatening Tillman in any way — it has always been assumed that the jury let him off because the son-of-a-bitch editor had it comin’.

A postscript:

Early in 2003, a number of events were held to mark the centennial of Gonzales’ murder. At one point, Solicitor Donnie Myers, an avid student of the case, was asked to present his popular lecture on the subject to employees of The State. I introduced him, and stood to the side as he enthusiastically launched into it.

At the critical point in the narrative, channeling Tillman, Donnie reached dramatically into his briefcase and, pulling out a .45 automatic pistol, brandished it menacingly in my direction. Me being the editor.

I grinned at him, enjoying his act (I had seen it before). But our then-publisher, Ann Caulkins, who admitted to a greater-than-usual fear of firearms of all sorts, practically gasped aloud. She later admitted that for a split second there, she actually feared the solicitor was going to shoot me.

If that had happened, it wouldn’t have been the first time.

There goes the Senate GOP, picking on dead people…

Wesley and the gang at the Senate Republican Caucus are making sure that you didn’t miss this story:

DMV: 900 Dead People May Have Voted

Columbia, SC (AP, WLTX) — The director of South Carolina’s Department of Motor Vehicles has told the State Law Enforcement Division that more than 900 people who were recorded as having voted were actually dead.

DMV Director Kevin Shwedo told legislators about the issue Wednesday as the U.S. Justice Department questions a new state law requiring people to show photographic identification when they vote in person.

In response, South Carolina Attorney General Alan Wilson asked SLED to review the evidence.

“Director Shwedo’s research has revealed evidence that over nine hundred deceased people appear to have ‘voted’ in recent elections in South Carolina,” said Wilson in a statement. “This is an alarming number, and clearly necessitates an investigation into potential criminal activity. I have asked SLED Chief Keel to review Director Shwedo’s research.”…

First, of all, technically, the dead people didn’t actually vote. So they are innocent in this.

So I am shocked that the GOP senators are using this unfortunate incident to insist that their Voter ID law be reinstated. I mean, think about it — these dead people didn’t do anything wrong, and the senators want to penalize them. Do you have any idea how much harder it is for a dead person to get a picture ID than it is for you and me? I mean, have a heart…

By all means, let’s ban kids from ATVs

Admittedly, not quite all kids use ATVs this way, it was the best freely-available picture I could find to illustrate the post. attritubion: Royalbroil

I got a bit of a debate going on Twitter this morning when I reacted to this tragic news:

HENDERSONVILLE, SC (AP) – A 12-year-old girl has died after a wreck on an all-terrain vehicle in Colleton County.

The Post and Courier of Charleston reported rescue crews were called to a home near Hendersonville shortly after 1:30 p.m. Monday.

Colleton County Fire and Rescue Director Barry McRoy says witnesses said some children at a birthday party were driving two all-terrain vehicles in the woods behind the house when 1 of the vehicles rolled over.

The girl was treated by paramedics and was flown to the Medical University of South Carolina in Charleston where she died. Her name has not been released…

My reaction was simple, and straightforward: “Why is this legal?”

My rhetorical question was quickly reTweeted by two or three users, with Tyler Jones adding an answer: “Rednecks in the Gen Assembly.”

Palmetto Record added this elaboration, “The under-16 helmet law was signed earlier this year — should kids now be banned from ATVs altogether?”

To which my answer is, yes.

But the libertarian view was represented, as it always is. This time, my friend Bryan Cox played the Mark Sanford role, saying, “I’ll bet more kids die riding in cars than driving ATVs. Ban those too? Risk is inherent to freedom.”

For me, that was easy to answer. Riding in cars is an unavoidable risk, in a society that lacks adequate public transit. Riding an ATV is absolutely unnecessary. Big difference.

Bryan elaborated on his point by saying:

If govt should ban those under 18 from activities deemed an unnecessary risk — why not skiing, swimming, football as well?

My reply? I merely expressed my weariness with the “We shouldn’t do A unless we also do B” argument, which is always presented as a way of preventing us from doing A, never as a way of advocating that we do B. In fact, B is generally deliberately chosen for its utter lack of political viability.

Bryan added, “The judgment ATV riding isn’t of value, but football is = opinion. Govt making those arbitrary content calls isn’t freedom.”

No one can ever accuse me of valuing football. But I also know there is little point in trying to ban football, in this society. There is a chance of banning ATV riding by minors. So we should do it, and at least save the lives we can.

That’s because that’s what government is — communities deciding for themselves what they will countenance and what they will not. It’s not some entity out there imposing something. It’s us. And I know my neighbors. They won’t even consider banning football. So I’ll say it again: Let’s save the lives we can.