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View Diary: Rick Perry Continues Cover Up; Calls Executed Innocent Man "a monster"; Todd's Mother Responds (272 comments)

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  •  don't abolish the death penalty (2+ / 0-)
    Recommended by:
    RumsfeldResign, Prinny Squad

    just abolish junk forensic "science" from the courtroom.

    "I don't think they're going to be any more successful in 2010" -Yes On 8 co-manager

    by jethropalerobber on Wed Oct 14, 2009 at 08:32:31 PM PDT

    •  Forensic science is only one problem (5+ / 0-)

      There is also the tendency of prosecutors to ratchet up a case in which the facts aren't in question to make it qualify for the death penalty.

      Anthony Beazley's execution was such an instance. He had no priors, shot the father of a federal judge in a botched robbery, and it was necessary to establish that he went out that night wanting to kill someone to qualify him for an execution.

      Midway through prosecution that was aided by victim's son the federal appeals court judge, one of the others who participated in the robbery remembered Beazley saying at the beginning of the night htat he wanted to see what it was like when somebody died. This was in the context of the "witness" plea-bargaining.

      There are likely 60 or 70 degrees of culpability between dying of totally natural causes and dying of capital murder. Beazley certainly deserved to be punished for one of them, but it took a prosecutor willing to game the testimony to get Beazley executed.

      Prosecutors are clealry a problem in Texas. Sheriffs are a problem. Investigting officers are a problem. And frankly, there is something wrong in the soul of a Texas jury. You can't read articles on the Tulia thing without realizing that the "rogue" cop was pretty much doing exactly what everyone wanted, helping them to lock up as many Ne-Groes as possible.

      It was totally established in his confirmation heareings that Alberto Gonzalez reduced his role as counsel to then-Gov. Bush to a prosecutor-friendly presentation of cases for execution orders. Although I wouldn't rule out someone being totally innocent being executed, I can't help but conclude that some of Bush's 132 executions involved prosecutorial gaming rather than real culpability at the level of capital murder.

      Have you heard? The vice president's gone mad. - Bob Dylan, 1966

      by textus on Wed Oct 14, 2009 at 10:13:29 PM PDT

      [ Parent ]

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