Dan Walters: California’s death penalty dying of old age

Posting this for archiving purposes.

Reblogged from: Sacramento Bee:

Dan Walters: California’s death penalty dying of old age
By Dan Walters
Published: Tuesday, Jul. 22, 2014

During the last four decades, no California political issue has burned more intensely than capital punishment, but it may have ended with a whimper, rather than with a bang, last week.

Federal Judge Cormac Carney ruled that the death penalty is unconstitutional because it’s rarely used – thanks largely to ceaseless legal challenges from its opponents, one should note.

Another irony is that Jerry Brown – a lifelong foe of capital punishment – was governor when it dominated the Capitol in the 1970s, and he’s governor again as Carney’s ruling more than likely ends it.

Read more here: http://www.sacbee.com/2014/07/22/6574992/dan-walters-californias-death.html#storylink=cpy

A Letter From Ray Jasper, Who Is About to Be Executed

Ray Jasper, who is detained on Texas’ death row, was given an execution date of March 19th. We sincerely hope that those who hold worldly power in the state of Texas will stop this senseless murder of a fellow human being. 

Ray’s letters to Gawker were published recently in their magazine, we are posting links to them here to remind everyone of the unethical, horrible issue of the death penalty and executions, the unreligious system of killing people rather than rehabilitating them and caring for the victims of crime, by instating revenge as punishment. When is Texas (and other States too) going to start preventing crimes by education and mental and economic care? 

From: Gawker, March 4, 2014

Edited and written by Hamilton Nolan.

Letters by Ray Jasper

Second letter

Mr. Nolan,

When I first responded to you, I didn’t think that it would cause people to reach out to me and voice their opinions. I’ve never been on the internet in my life and I’m not fully aware of the social circles on the internet, so it was a surprise to receive reactions so quickly.

I learned that some of the responses on your website were positive and some negative. I can only appreciate the conversation. Osho once said that one person considered him like an angel and another person considered him like a devil, he didn’t attempt to refute neither perspective because he said that man does not judge based on the truth of who you are, but on the truth of who they are.

Your words struck a chord with me. You said that my perspective is different and therefore my words have a sort of value. Yet, you’re talking to a young man that’s been judged unworthy to breathe the same air you breathe. That’s like a hobo on the street walking up to you and you ask him for spare change.

Without any questions, you’ve given me a blank canvas. I’ll only address what’s on my heart. Next month, the State of Texas has resolved to kill me like some kind of rabid dog, so indirectly, I guess my intention is to use this as some type of platform because this could be my final statement on earth.

I think ’empathy’ is one of the most powerful words in this world that is expressed in all cultures. This is my underlining theme. I do not own a dictionary, so I can’t give you the Oxford or Webster definition of the word, but in my own words, empathy means ‘putting the shoe on the other foot.’

Empathy. A rich man would look at a poor man, not with sympathy, feeling sorrow for the unfortunate poverty, but also not with contempt, feeling disdain for the man’s poverish state, but with empathy, which means the rich man would put himself in the poor man’s shoes, feel what the poor man is feeling, and understand what it is to be the poor man.

Empathy breeds proper judgement. Sympathy breeds sorrow. Contempt breeds arrogance. Neither are proper judgements because they’re based on emotions. That’s why two people can look at the same situation and have totally different views. We all feel differently about a lot of things. Empathy gives you an inside view. It doesn’t say ‘If that was me…’, empathy says, ‘That is me.’

What that does is it takes the emotions out of situations and forces us to be honest with ourselves. Honesty has no hidden agenda. Thoreau proposed that ‘one honest man’ could morally regenerate an entire society.

Looking through the eyes of empathy & honesty, I’ll address some of the topics you mentioned. It’s only my perspective.

The Justice system is truly broken beyond repair and the sad part is there is no way to start over. Improvements can be made. If honest people stand up, I think they will be made over time. I know the average person isn’t paying attention to all the laws constantly being passed by state & federal legislation. People are more focused on their jobs, raising kids and trying to find entertainment in between time. The thing is, laws are being changed right and left.

A man once said that revolution comes when you inform people of their rights. Martin Luther King said a revolution comes by social action and legal action working hand in hand. I’m not presenting any radical revolutionary view, the word revolution just means change. America changes as the law changes.

Under the 13th Amendment of the U.S. Constitution all prisoners in America are considered slaves. We look at slavery like its a thing of the past, but you can go to any penitentiary in this nation and you will see slavery. That was the reason for the protests by prisoners in Georgia in 2010. They said they were tired of being treated like slaves. People need to know that when they sit on trial juries and sentence people to prison time that they are sentencing them to slavery.

If a prisoner refuses to work and be a slave, they will do their time in isolation as a punishment. You have thousands of people with a lot of prison time that have no choice but to make money for the government or live in isolation. The affects of prison isolation literally drive people crazy. Who can be isolated from human contact and not lose their mind? That was the reason California had an uproar last year behind Pelican Bay. 33,000 inmates across California protested refusing to work or refusing to eat on hunger-strikes because of those being tortured in isolation in Pelican Bay.

I think prison sentences have gotten way out of hand. People are getting life sentences for aggravated crimes where no violence had occurred. I know a man who was 24 years old and received 160 years in prison for two aggravated robberies where less that $500 was stole and no violence took place. There are guys walking around with 200 year sentences and they’re not even 30 years old. Its outrageous. Giving a first time felon a sentence beyond their life span is pure oppression. Multitudes of young people have been thrown away in this generation.

The other side of the coin is there are those in the corporate world making money off prisoners, so the longer they’re in prison, the more money is being made. It’s not about crime & punishment, it’s about crime & profit. Prison is a billion dollar industry. In 1996, there were 122 prisons opened across America. Companies were holding expos in small towns showing how more prisons would boost the economy by providing more jobs.

How can those that invest in prisons make money if people have sentences that will allow them to return to free society? If people were being rehabilitated and sent back into the cities, who would work for these corporations? That would be a bad investment. In order for them to make money, people have to stay in prison and keep working. So the political move is to tell the people they’re tough on crime and give people longer sentences.

Chuck Colson, former advisor to the President once said that they were passing laws to be tough on crime, but they didn’t even know who the laws were affecting. It wasn’t until the Watergate scandal and Colson himself going to prison that he learned who the laws were affecting. Colson ended up forming the largest prison ministry in America. He also foreseen in his book THE GOD OF SPIDERS & STONES that America was forming a new society within its prisons. Basically, that prison would become a nation inside this nation. He predicted that over a million people would be locked up by the year 2000. The book was written in the 8O’s. Now, its 2014 and almost two million people are locked up. It’s not that crime is the issue. Crime still goes on daily. It’s that the politics surrounding crime have changed and it has become a numbers game. Dollars & Cents. You have people like Michael Jordan who invest millions of dollars in the prison system. Any shrewed businessman would if you have no empathy for people locked up and you just want to make some money.

I don’t agree with the death penalty. It’s a very Southern practice from that old lynching mentality. Almost all executions take place in the South with a few exceptions here and there. Texas is the leading State by far. I’m not from Texas. I was raised in California. Coming from the West Coast to the South was like going back in time. I didn’t even think real cowboys existed. Texas is a very ‘country’ state, aside a few major cities. There are still small towns that a black person would not be welcomed. California is more of a melting pot. I grew up in the Bay Area where its very diverse.

The death penalty needs to be abolished. Life without parole is still a death sentence. The only difference is time. To say you need to kill a person in a shorter amount of time is just seeking revenge on that person.

If the death penalty must exist, I think it should only be for cases where more than one person is killed like these rampant shootings that have taken place around the country the last few years. Also, in a situation of terrorism.

If you’re not giving the death penalty for murder, then the government is already saying that the taking of one’s life is not worth the death penalty. Capital murder is if you take someone’s life and commit another felony at the same time. That’s Texas law. That makes a person eligible for the death penalty The problem is, you’re not getting the death penalty for murder, you’re actually getting it for the other felony. That doesn’t make common sense. You can kill a man but you will not get the death penalty……if you kill a man and take money out his wallet, now you can get the death penalty.

I’m on death row and yet I didn’t commit the act of murder. I was convicted under the law of parties. When people read about the case, they assume I killed the victim, but the facts are undisputed that I did not kill the victim. The one who killed him plead guilty to capital murder for a life sentence. He admitted to the murder and has never denied it. Under the Texas law of parties, they say it doesn’t matter whether I killed the victim or not, I’m criminally responsible for someone else’s conduct. But I was the only one given the death penalty.

The law of parties is a very controversial law in Texas. Most Democrats stand against it. It allows the state to execute someone who did not commit the actual act of murder. There are around 50 guys on death row in Texas who didn’t kill anybody, but were convicted as a party.

The lethal injection has become a real controversial issue here of late because states are using drugs that they’re not authorize to use to execute people. The lethal injection is an old Nazi practice deriving from the Jewish Holocaust. To use that method to kill people today, when it’s unconstitutional to use it on dogs, is saying something very cruel and inhumane. People don’t care because they think they’re killing horrible people. No empathy. Just contempt.

I understand that it’s not popular to talk about race issues these days, but I speak on the subject of race because I hold a burden in my heart for all the young blacks who are locked up or who see the street life as the only means to make something of themselves. When I walked into prison at 19 years old, I said to myself ‘Damn, I have never seen so many black dudes in my life’. I mean, it looked like I went to Africa. I couldn’t believe it. The lyrics of 2Pac echoed in my head, ‘The penitentiary is packed/ and its filled with blacks’.

It’s really an epidemic, the number of blacks locked up in this country. That’s why I look, not only at my own situation, but why all of us young blacks are in prison. I’ve come to see, it’s largely due to an indentity crisis. We don t know our history. We don’t know how to really indentify with white people. We are really of a different culture, but by being slaves, we lost ourselves.

When you have a black man name John Williams and a white man name John Williams, the black man got his name from the white man. Within that lies a lost of identity. There are blacks in this country that don’t even consider themselves African. Well, what are we? When did we stop being African? If you ask a young black person if they’re African, they will say ‘No, I’m American’. They’ve lost their roots. They think slavery is their roots. Again, its a strong identity crisis.

You take the identity crisis, mix it with capitalism, where money comes before empathy, and you’ll have a lot of young blacks trying to get money by any means because they’re trying to get out of poverty or stay out of poverty. Now, money is what they try to find an identity in. They feel like if they get rich, legal or illegal, they’ve become somebody. Which in America is partly true because superficially we hail the rich and despise the poor. We give Jay-Z more credit than we do Al Sharpton. What has Jay-Z done besides get rich? Yet we see dollar signs and somehow give more respect to the man with the money.

A French woman who moved to America asked me one day, ‘Why don’t black kids want to learn?’ Her husband was a high school teacher. She said the white and asian kids excel in school, but the black and hispanic kids don’t. I said that all kids want to learn, it’s just a matter of what you’re trying to teach them. Cutting a frog open is not helping a black kid in the ghetto who has to listen to police sirens all night and worry about getting shot. Those kids need life lessons. They need direction. When you have black kids learning more about the Boston Tea Party than the Black Panther Party, I guarantee you won’t keep their attention. But it was the Black Panther Party that got them free lunch.

People point their fingers at young blacks, call them thugs and say they need to pull up their pants. That’s fine, but you’re not feeding them any knowledge. You’re not giving them a vision. All you’re saying is be a square like me. They’re not going to listen to you because you have guys like Jay-Z and Rick Ross who are millionaires and sag their pants. Changing the way they dress isn’t changing the way they think. As the Bible says, ‘Where there’s no vision the people perish’. Young blacks need to learn their identity so they can have more respect for the blacks that suffered for their liberties than they have for someone talking about selling drugs over a rap beat who really isn’t selling drugs.

They have to be exposed to something new. Their minds have to be challenged, not dulled. They know the history of the Crips & Bloods, but they can’t tell you who Garvey or Robeson is. They can quote Drake & Lil Wayne but they can’t tell you what Jesse Jackson or Al Sharpton has done. Across the nation, they gravitate to Crips & Bloods. I tell those I know the same thing, not to put blue & red before black. They were black first. It’s senseless, but they are trying to find a purpose to live for and if a gang gives them a sense of purpose that’s what they will gravitate to. They aren’t being taught to live and die for something greater. They’re not being challenged to do better.

Black history shouldn’t be a month, it should be a course, an elective taught year around. I guarantee black kids would take that course if it was available to them. How many black kids would change their outlook if they knew that they were only considered 3/5’s of a human being according to the U.S Constitution? That black people were considered part animal in this country. They don’t know that. When you learn that, you carry yourself with a different level of dignity for all we’ve overcome.

Before Martin Luther King was killed he drafted a bill called ‘The Bill for the Disadvantaged’. It was for blacks and poor whites. King understood that in order to have a successful life, you have to decrease the odds of failure. You have to change the playing field. I’m not saying there’s no personal responsibility for success, that goes without saying, but there’s also a corporate responsibility. As the saying goes, when you see someone who has failed, you see someone who was failed.

Neither am I saying that advantages are always circumstancial. Sometimes its knowledge or opportunity that gives an advantage. A lot of times it is the circumstances. Flowers grow in gardens, not in hard places. Using myself as an example, I was 15 when my first love got shot 9 times in Oakland. Do you think I m going to care about book reports when my girlfriend was shot in the face? I understand Barack Obama saying there is no excuse for blacks or anyone else because generations past had it harder than us. That’s true. However, success is based on probabilities and the odds. Everyone is not on a level playing field. For some, the odds are really stacked against them. I’m not saying they can’t be overcome, but it’s not likely.

I’m not trying to play the race card, I’m looking at the roots of why so many young blacks are locked up. The odds are stacked against us, we suffer from an identity crisis, and we’re being targeted more, instead of taught better. Ask any young black person their views on the Police, I assure you their response will not be positive. Yet if you have something against the Police, who represent the government, you cannot sit on a trial jury. A young black woman was struck from the jury in my case because she said she sees the Police as ‘intimidators’. She never had a good experience with the Police like most young blacks, but even though she’s just being true to her experience, she’s not worthy to take part as a juror in a trial.

White people really don’t understand how it extreme it is to be judged by others outside your race. In the book TRIAL & ERROR: THE TEXAS DEATH PENALTY Lisa Maxwell paints this picture to get the point across and if any white person reading this is honest with themselves, they will clearly understand the point. I cannot quote it word for word, but this was the gist of it…

Imagine you’re a young white guy facing capital murder charges where you can receive the death penalty… the victim in the case is a black man… when you go to trial and step into the courtroom… the judge is a black man… the two State prosecutors seeking the death penalty on you… are also black men… you couldn’t afford an attorney, so the Judge appointed you two defense lawyers who are also black men… you look in the jury box… there’s 8 more black people and 4 hispanics… the only white person in the courtroom is you… How would you feel facing the death penalty? Do you believe you’ll receive justice?

As outside of the box as that scene is, those were the exact circumstances of my trial. I was the only black person in the courtroom.

Again, I’m not playing the race card, but empathy is putting the shoe on the other foot.

The last thing on my heart is about religion and the death penalty. There are several well-known preachers in Texas and across the South that teach their congregations that the death penalty is right by God and backed by the Bible. The death penalty is a governmental issue not a spiritual issue. Southern preachers who advocate the death penalty are condoning evil. They need to learn the legalities of capital punishment. The State may have the power to put people to death, but don’t preach to the public that it’s God’s will. It’s the State’s will.

If God wanted me to die for anything, I would be dead already. I talk to God everday. He’s not telling me I’m some kind of menace that He can’t wait to see executed. God is blessing me daily. God is showing me His favor & grace on my life. Like Paul said, I was the chief of sinners, but God had mercy on me because He knew I was ignorant. The blood of Abel cryed vengeance, the blood of Jesus cryed mercy.

There are preachers like John Hagee in San Antonio who have influence over thousands of people, who not only attend his church, but also watch his TV program, and hear him condoning the death penalty. Hagee doesn’t see his Southern mentality condones the death penalty, not the scriptures. There is absolutely nothing in the Bible that condones the way Texas executes people today.

Southern preachers use scriptures like God telling Noah, ‘Whoever shed’s man’s blood, by man his blood shall be shed’. ‘That’s murder. Under Texas law, you cannot receive the death penalty for murder. There is no such thing as capital murder in the Bible, where murder must be in the course of another felony. Yet, they preach capital punishment is God’s will. Even if you’re guilty of capital murder in Texas, it doesn’t mean you’ll receive the death penalty. People get the death penalty when a jury has judged them to be a ‘continuing threat to society’. ‘That means they are deemed so bad that they have no hope of redemption or change in their behavior. That is the only reason a person gets the death penalty. They are suppose to be the absolute worse of the worse, so terrible that they cannot live in prison with other murderers.

That in itself is contrary to the whole Christian faith that believes no one is beyond redemption if they repent for their sins and put their faith in Jesus Christ. For a Christian to advocate the death penalty is a complete contradiction.

As easy as it is for a preacher to stand up in the pulpit with a Bible and tell thousands of people the death penalty is right, I challenge any preacher in Texas, John Hagee or any others to come visit me and tell me that God wants me to die. Martin Luther King said, ‘Capital punishment shows that America is a merciless nation that will not forgive.’

Again, Mr. Nolan, this is only my perspective. I’m just the hobo on the street giving away my pennies. A doctor can’t look at a person and see cancer, they have to look beyond the surface. When you look at the Justice system, the Death Penalty, or anything else, it takes one to go beyond the surface. Proper diagnosis is half the cure.

I’m a father. My daughter was six weeks old when I got locked up and now she’s 15 in high school. Despite the circumstances, I’ve tryed to be the best father in the world. But I knew that her course in life is largely determine by what I teach her. It’s the same with any young person, their course is determined by what we are teaching them. In the words of Aristotle, ‘All improvement in society begins with the education of the young.’

Sincerely,

Ray L. Jasper

Ps: Forgive me for being longwinded, but I was speaking from the heart. Thanks for the opportunity.

First letter:

Last month (as we did last year), we sent letters to all of the U.S. death row inmates who have execution dates in the upcoming year. Today, we have our first reply: Ray Jasper, who is scheduled to be put to death in Texas in March.

Jasper was convicted of the 1998 murder of a recording studio owner. Jasper was 18 years old at the time. He has been in prison for the past 15 years.

The purpose of publishing these letters is to hear directly from people whose voices are not often heard. This is not a referendum on the guilt or innocence of any inmate. Ray Jasper responded to our questions numerically, so we will briefly list them here:

  1. What do you think the chances are of your execution occurring as scheduled?
  2. Can you describe daily life on Death Row?
  3. Can you talk a bit about your own past and upbringing?
  4. Has your time in jail changed your political or religious beliefs?
  5. Do you have any thoughts on how the media and the public view the death penalty?

 

  1. What else would you like to say to the public about your life, your situation, and what you think it means for our country?

Mr. Nolan,

I hope you’re genuine in your endeavor and I hope you achieve your goal with your writing. I numbered your questions to match my answers. I’m sure you can take it from there. Can I receive a copy of how you publish this or the name of the website?

1) I think any execution has a 50/50 chance of taking place. It comes down to the legalities of the case. The controversial issue in my case has been narrowed down to racial discrimination concerning the State of Texas purposely striking Black people from the jury panel. Racial discrimination on trial juries has a long-standing history in Texas. It was really made known in the Thomas Miller-el case where Dallas had a guide for their prosecutors to strike all minorities from the jury panel. So it’s about whether the Courts will consider the issue worth halting the execution.

2) Daily life on death row is like living in a black & white TV, while the rest of the world is [in] a full color high definition plasma TV. I’ve done my best to live above the circumstances by studying self-help and spiritual books. Ghandi once said that prison is not a punishment for an enlightened person, it only gives them more time to deepen their divinity. I agree. I was a teenager when I came to death row and over the last 15 years I’ve written several books & screenplays. I’ve turned a negative into a positive, while others around have lost their mind, dropped their appeals or committed suicide. I think who you are matters more than where you are.

3) I grew up like most young blacks at a disadvantage, susceptible to the street life out of the environment and a lack of education. For most young blacks we rebel out of subtle racism and being targeted by the police. For young blacks, cops are the enemies. I’ve been falsely arrested and beat by the police before the age of 18. It’s like how can society expect young blacks to be [compliant] with the same law that poses a threat to their life. You never hear of black cops beating or killing young whites, but its so common to hear about white cops beating and killing young blacks.

  1. My time in jail introduced me to politics. I was too young and uneducated to understand politics before I got locked up. Now, I see everyone has their own agenda and ideology of how society should function and those in political offices enforce their own agenda upon others. I think politics is a shark’s pool. There’s not much empathy involved.

I am a deeply religious person. I respect all religions, especially those who sacrifice for the service of God. I have a strong faith in Christ, but I do see  religion is often misused and Americans are too intellectual to be truly religious spiritually. Many people are only outwardly religious. I was religious people who wanted Christ to be executed. It was religious clergy who persecuted Martin Luther King as an extremist. One has to be careful of those who choose the letter of the Spirit. Paul said, “The letter kills, the Spirit gives life.” Jesus said only those the Spirit understand the kingdom of God.

5) The way the media covers the death penalty depends of the agenda of that media outlet. The media is not neutral. I think whether a person is pro or anti-death penalty, we should all be against injustice. Those who do not see the death penalty as unjust should do their homework. Every major newspaper in Texas has taken a stance against the death penalty due to their investigative journalism. They know what’s going on behind the scenes. The average person in Texas cannot explain the difference between murder and capital murder. The public is under the impression the people receive the death penalty for murder and murder, in Texas, is not punishable by the death penalty. There are thousands of people who committed murder and capital murder who are not on death row, but in regular prison. To say one person guilty of capital murder should live and another person guilty of capital murder should die is an injustice in [and] of itself.

I suggest reading the book TRIAL & ERROR: THE TEXAS DEATH PENALTY by Lisa Maxwell. It just came out this year and it highlights all the injustices of the Texas death penalty that many people never knew or forgot about over the years.

6) My life is a testament of what it is to be young & black in America. Black [people] are incarcerated at a higher rate than any other race because we are ignorant to the laws that govern society. As Nelson Mandela said, “Education is the most powerful weapon on which you can use to change the world.” I gave up in school after a friend died when I was 11 years old. I didn’t officially dropout until 16. By 18, I was facing the death penalty. I had no idea what capital murder was by definition or the law of parties. The Bible says that understanding makes a person depart from wrongdoing. People must be taught, even if its not in a school. We are all interdependent and we can educate each other. Adults need to have the courage to talk to teenagers and teach them how to make a smoother transition into adulthood. Over a million teenagers are arrested every year in America. 5 out of 6 black teenagers will drop out of high school. When you’re young it’s hard to see the road up ahead and many teens lack a long term vision for their life. They must be taught in the school of life by adults who cross their path.

Note: I apologize for all the mistakes, but I’m stuck in the 80’s with a E-typewriter, not a laptop. Any other questions let me know. I wish you success on your endeavor. Enjoy the season.

Peacefully, Ray

A Letter From Ray Jasper, Who Is About to Be Executed

Ray Jasper, who is detained on Texas’ death row, was given an execution date of March 19th. We sincerely hope that those who hold worldly power in the state of Texas will stop this senseless murder of a fellow human being. 

Ray’s letters to Gawker were published recently in their magazine, we are posting links to them here to remind everyone of the unethical, horrible issue of the death penalty and executions, the unreligious system of killing people rather than rehabilitating them and caring for the victims of crime, by instating revenge as punishment. When is Texas (and other States too) going to start preventing crimes by education and mental and economic care? 
From: Gawker, March 4, 2014
Edited and written by Hamilton Nolan. 
Letters by Ray Jasper
Second letter
Mr. Nolan,
When I first responded to you, I didn’t think that it would cause people to reach out to me and voice their opinions. I’ve never been on the internet in my life and I’m not fully aware of the social circles on the internet, so it was a surprise to receive reactions so quickly.
I learned that some of the responses on your website were positive and some negative. I can only appreciate the conversation. Osho once said that one person considered him like an angel and another person considered him like a devil, he didn’t attempt to refute neither perspective because he said that man does not judge based on the truth of who you are, but on the truth of who they are.
Your words struck a chord with me. You said that my perspective is different and therefore my words have a sort of value. Yet, you’re talking to a young man that’s been judged unworthy to breathe the same air you breathe. That’s like a hobo on the street walking up to you and you ask him for spare change.
Without any questions, you’ve given me a blank canvas. I’ll only address what’s on my heart. Next month, the State of Texas has resolved to kill me like some kind of rabid dog, so indirectly, I guess my intention is to use this as some type of platform because this could be my final statement on earth.
I think ’empathy’ is one of the most powerful words in this world that is expressed in all cultures. This is my underlining theme. I do not own a dictionary, so I can’t give you the Oxford or Webster definition of the word, but in my own words, empathy means ‘putting the shoe on the other foot.’
Empathy. A rich man would look at a poor man, not with sympathy, feeling sorrow for the unfortunate poverty, but also not with contempt, feeling disdain for the man’s poverish state, but with empathy, which means the rich man would put himself in the poor man’s shoes, feel what the poor man is feeling, and understand what it is to be the poor man.
Empathy breeds proper judgement. Sympathy breeds sorrow. Contempt breeds arrogance. Neither are proper judgements because they’re based on emotions. That’s why two people can look at the same situation and have totally different views. We all feel differently about a lot of things. Empathy gives you an inside view. It doesn’t say ‘If that was me…’, empathy says, ‘That is me.’
What that does is it takes the emotions out of situations and forces us to be honest with ourselves. Honesty has no hidden agenda. Thoreau proposed that ‘one honest man’ could morally regenerate an entire society.
Looking through the eyes of empathy & honesty, I’ll address some of the topics you mentioned. It’s only my perspective.
The Justice system is truly broken beyond repair and the sad part is there is no way to start over. Improvements can be made. If honest people stand up, I think they will be made over time. I know the average person isn’t paying attention to all the laws constantly being passed by state & federal legislation. People are more focused on their jobs, raising kids and trying to find entertainment in between time. The thing is, laws are being changed right and left.
A man once said that revolution comes when you inform people of their rights. Martin Luther King said a revolution comes by social action and legal action working hand in hand. I’m not presenting any radical revolutionary view, the word revolution just means change. America changes as the law changes.
Under the 13th Amendment of the U.S. Constitution all prisoners in America are considered slaves. We look at slavery like its a thing of the past, but you can go to any penitentiary in this nation and you will see slavery. That was the reason for the protests by prisoners in Georgia in 2010. They said they were tired of being treated like slaves. People need to know that when they sit on trial juries and sentence people to prison time that they are sentencing them to slavery.
If a prisoner refuses to work and be a slave, they will do their time in isolation as a punishment. You have thousands of people with a lot of prison time that have no choice but to make money for the government or live in isolation. The affects of prison isolation literally drive people crazy. Who can be isolated from human contact and not lose their mind? That was the reason California had an uproar last year behind Pelican Bay. 33,000 inmates across California protested refusing to work or refusing to eat on hunger-strikes because of those being tortured in isolation in Pelican Bay.
I think prison sentences have gotten way out of hand. People are getting life sentences for aggravated crimes where no violence had occurred. I know a man who was 24 years old and received 160 years in prison for two aggravated robberies where less that $500 was stole and no violence took place. There are guys walking around with 200 year sentences and they’re not even 30 years old. Its outrageous. Giving a first time felon a sentence beyond their life span is pure oppression. Multitudes of young people have been thrown away in this generation.
The other side of the coin is there are those in the corporate world making money off prisoners, so the longer they’re in prison, the more money is being made. It’s not about crime & punishment, it’s about crime & profit. Prison is a billion dollar industry. In 1996, there were 122 prisons opened across America. Companies were holding expos in small towns showing how more prisons would boost the economy by providing more jobs.
How can those that invest in prisons make money if people have sentences that will allow them to return to free society? If people were being rehabilitated and sent back into the cities, who would work for these corporations? That would be a bad investment. In order for them to make money, people have to stay in prison and keep working. So the political move is to tell the people they’re tough on crime and give people longer sentences.
Chuck Colson, former advisor to the President once said that they were passing laws to be tough on crime, but they didn’t even know who the laws were affecting. It wasn’t until the Watergate scandal and Colson himself going to prison that he learned who the laws were affecting. Colson ended up forming the largest prison ministry in America. He also foreseen in his book THE GOD OF SPIDERS & STONES that America was forming a new society within its prisons. Basically, that prison would become a nation inside this nation. He predicted that over a million people would be locked up by the year 2000. The book was written in the 8O’s. Now, its 2014 and almost two million people are locked up. It’s not that crime is the issue. Crime still goes on daily. It’s that the politics surrounding crime have changed and it has become a numbers game. Dollars & Cents. You have people like Michael Jordan who invest millions of dollars in the prison system. Any shrewed businessman would if you have no empathy for people locked up and you just want to make some money.
I don’t agree with the death penalty. It’s a very Southern practice from that old lynching mentality. Almost all executions take place in the South with a few exceptions here and there. Texas is the leading State by far. I’m not from Texas. I was raised in California. Coming from the West Coast to the South was like going back in time. I didn’t even think real cowboys existed. Texas is a very ‘country’ state, aside a few major cities. There are still small towns that a black person would not be welcomed. California is more of a melting pot. I grew up in the Bay Area where its very diverse.
The death penalty needs to be abolished. Life without parole is still a death sentence. The only difference is time. To say you need to kill a person in a shorter amount of time is just seeking revenge on that person.
If the death penalty must exist, I think it should only be for cases where more than one person is killed like these rampant shootings that have taken place around the country the last few years. Also, in a situation of terrorism.
If you’re not giving the death penalty for murder, then the government is already saying that the taking of one’s life is not worth the death penalty. Capital murder is if you take someone’s life and commit another felony at the same time. That’s Texas law. That makes a person eligible for the death penalty The problem is, you’re not getting the death penalty for murder, you’re actually getting it for the other felony. That doesn’t make common sense. You can kill a man but you will not get the death penalty……if you kill a man and take money out his wallet, now you can get the death penalty.
I’m on death row and yet I didn’t commit the act of murder. I was convicted under the law of parties. When people read about the case, they assume I killed the victim, but the facts are undisputed that I did not kill the victim. The one who killed him plead guilty to capital murder for a life sentence. He admitted to the murder and has never denied it. Under the Texas law of parties, they say it doesn’t matter whether I killed the victim or not, I’m criminally responsible for someone else’s conduct. But I was the only one given the death penalty.
The law of parties is a very controversial law in Texas. Most Democrats stand against it. It allows the state to execute someone who did not commit the actual act of murder. There are around 50 guys on death row in Texas who didn’t kill anybody, but were convicted as a party.
The lethal injection has become a real controversial issue here of late because states are using drugs that they’re not authorize to use to execute people. The lethal injection is an old Nazi practice deriving from the Jewish Holocaust. To use that method to kill people today, when it’s unconstitutional to use it on dogs, is saying something very cruel and inhumane. People don’t care because they think they’re killing horrible people. No empathy. Just contempt.
I understand that it’s not popular to talk about race issues these days, but I speak on the subject of race because I hold a burden in my heart for all the young blacks who are locked up or who see the street life as the only means to make something of themselves. When I walked into prison at 19 years old, I said to myself ‘Damn, I have never seen so many black dudes in my life’. I mean, it looked like I went to Africa. I couldn’t believe it. The lyrics of 2Pac echoed in my head, ‘The penitentiary is packed/ and its filled with blacks’.
It’s really an epidemic, the number of blacks locked up in this country. That’s why I look, not only at my own situation, but why all of us young blacks are in prison. I’ve come to see, it’s largely due to an indentity crisis. We don t know our history. We don’t know how to really indentify with white people. We are really of a different culture, but by being slaves, we lost ourselves.
When you have a black man name John Williams and a white man name John Williams, the black man got his name from the white man. Within that lies a lost of identity. There are blacks in this country that don’t even consider themselves African. Well, what are we? When did we stop being African? If you ask a young black person if they’re African, they will say ‘No, I’m American’. They’ve lost their roots. They think slavery is their roots. Again, its a strong identity crisis.
You take the identity crisis, mix it with capitalism, where money comes before empathy, and you’ll have a lot of young blacks trying to get money by any means because they’re trying to get out of poverty or stay out of poverty. Now, money is what they try to find an identity in. They feel like if they get rich, legal or illegal, they’ve become somebody. Which in America is partly true because superficially we hail the rich and despise the poor. We give Jay-Z more credit than we do Al Sharpton. What has Jay-Z done besides get rich? Yet we see dollar signs and somehow give more respect to the man with the money.
A French woman who moved to America asked me one day, ‘Why don’t black kids want to learn?’ Her husband was a high school teacher. She said the white and asian kids excel in school, but the black and hispanic kids don’t. I said that all kids want to learn, it’s just a matter of what you’re trying to teach them. Cutting a frog open is not helping a black kid in the ghetto who has to listen to police sirens all night and worry about getting shot. Those kids need life lessons. They need direction. When you have black kids learning more about the Boston Tea Party than the Black Panther Party, I guarantee you won’t keep their attention. But it was the Black Panther Party that got them free lunch.
People point their fingers at young blacks, call them thugs and say they need to pull up their pants. That’s fine, but you’re not feeding them any knowledge. You’re not giving them a vision. All you’re saying is be a square like me. They’re not going to listen to you because you have guys like Jay-Z and Rick Ross who are millionaires and sag their pants. Changing the way they dress isn’t changing the way they think. As the Bible says, ‘Where there’s no vision the people perish’. Young blacks need to learn their identity so they can have more respect for the blacks that suffered for their liberties than they have for someone talking about selling drugs over a rap beat who really isn’t selling drugs.
They have to be exposed to something new. Their minds have to be challenged, not dulled. They know the history of the Crips & Bloods, but they can’t tell you who Garvey or Robeson is. They can quote Drake & Lil Wayne but they can’t tell you what Jesse Jackson or Al Sharpton has done. Across the nation, they gravitate to Crips & Bloods. I tell those I know the same thing, not to put blue & red before black. They were black first. It’s senseless, but they are trying to find a purpose to live for and if a gang gives them a sense of purpose that’s what they will gravitate to. They aren’t being taught to live and die for something greater. They’re not being challenged to do better.
Black history shouldn’t be a month, it should be a course, an elective taught year around. I guarantee black kids would take that course if it was available to them. How many black kids would change their outlook if they knew that they were only considered 3/5’s of a human being according to the U.S Constitution? That black people were considered part animal in this country. They don’t know that. When you learn that, you carry yourself with a different level of dignity for all we’ve overcome.
Before Martin Luther King was killed he drafted a bill called ‘The Bill for the Disadvantaged’. It was for blacks and poor whites. King understood that in order to have a successful life, you have to decrease the odds of failure. You have to change the playing field. I’m not saying there’s no personal responsibility for success, that goes without saying, but there’s also a corporate responsibility. As the saying goes, when you see someone who has failed, you see someone who was failed.
Neither am I saying that advantages are always circumstancial. Sometimes its knowledge or opportunity that gives an advantage. A lot of times it is the circumstances. Flowers grow in gardens, not in hard places. Using myself as an example, I was 15 when my first love got shot 9 times in Oakland. Do you think I m going to care about book reports when my girlfriend was shot in the face? I understand Barack Obama saying there is no excuse for blacks or anyone else because generations past had it harder than us. That’s true. However, success is based on probabilities and the odds. Everyone is not on a level playing field. For some, the odds are really stacked against them. I’m not saying they can’t be overcome, but it’s not likely.
I’m not trying to play the race card, I’m looking at the roots of why so many young blacks are locked up. The odds are stacked against us, we suffer from an identity crisis, and we’re being targeted more, instead of taught better. Ask any young black person their views on the Police, I assure you their response will not be positive. Yet if you have something against the Police, who represent the government, you cannot sit on a trial jury. A young black woman was struck from the jury in my case because she said she sees the Police as ‘intimidators’. She never had a good experience with the Police like most young blacks, but even though she’s just being true to her experience, she’s not worthy to take part as a juror in a trial.
White people really don’t understand how it extreme it is to be judged by others outside your race. In the book TRIAL & ERROR: THE TEXAS DEATH PENALTY Lisa Maxwell paints this picture to get the point across and if any white person reading this is honest with themselves, they will clearly understand the point. I cannot quote it word for word, but this was the gist of it…
Imagine you’re a young white guy facing capital murder charges where you can receive the death penalty… the victim in the case is a black man… when you go to trial and step into the courtroom… the judge is a black man… the two State prosecutors seeking the death penalty on you… are also black men… you couldn’t afford an attorney, so the Judge appointed you two defense lawyers who are also black men… you look in the jury box… there’s 8 more black people and 4 hispanics… the only white person in the courtroom is you… How would you feel facing the death penalty? Do you believe you’ll receive justice?
As outside of the box as that scene is, those were the exact circumstances of my trial. I was the only black person in the courtroom.
Again, I’m not playing the race card, but empathy is putting the shoe on the other foot.
The last thing on my heart is about religion and the death penalty. There are several well-known preachers in Texas and across the South that teach their congregations that the death penalty is right by God and backed by the Bible. The death penalty is a governmental issue not a spiritual issue. Southern preachers who advocate the death penalty are condoning evil. They need to learn the legalities of capital punishment. The State may have the power to put people to death, but don’t preach to the public that it’s God’s will. It’s the State’s will.
If God wanted me to die for anything, I would be dead already. I talk to God everday. He’s not telling me I’m some kind of menace that He can’t wait to see executed. God is blessing me daily. God is showing me His favor & grace on my life. Like Paul said, I was the chief of sinners, but God had mercy on me because He knew I was ignorant. The blood of Abel cryed vengeance, the blood of Jesus cryed mercy.
There are preachers like John Hagee in San Antonio who have influence over thousands of people, who not only attend his church, but also watch his TV program, and hear him condoning the death penalty. Hagee doesn’t see his Southern mentality condones the death penalty, not the scriptures. There is absolutely nothing in the Bible that condones the way Texas executes people today.
Southern preachers use scriptures like God telling Noah, ‘Whoever shed’s man’s blood, by man his blood shall be shed’. ‘That’s murder. Under Texas law, you cannot receive the death penalty for murder. There is no such thing as capital murder in the Bible, where murder must be in the course of another felony. Yet, they preach capital punishment is God’s will. Even if you’re guilty of capital murder in Texas, it doesn’t mean you’ll receive the death penalty. People get the death penalty when a jury has judged them to be a ‘continuing threat to society’. ‘That means they are deemed so bad that they have no hope of redemption or change in their behavior. That is the only reason a person gets the death penalty. They are suppose to be the absolute worse of the worse, so terrible that they cannot live in prison with other murderers.
That in itself is contrary to the whole Christian faith that believes no one is beyond redemption if they repent for their sins and put their faith in Jesus Christ. For a Christian to advocate the death penalty is a complete contradiction.
As easy as it is for a preacher to stand up in the pulpit with a Bible and tell thousands of people the death penalty is right, I challenge any preacher in Texas, John Hagee or any others to come visit me and tell me that God wants me to die. Martin Luther King said, ‘Capital punishment shows that America is a merciless nation that will not forgive.’
Again, Mr. Nolan, this is only my perspective. I’m just the hobo on the street giving away my pennies. A doctor can’t look at a person and see cancer, they have to look beyond the surface. When you look at the Justice system, the Death Penalty, or anything else, it takes one to go beyond the surface. Proper diagnosis is half the cure.
I’m a father. My daughter was six weeks old when I got locked up and now she’s 15 in high school. Despite the circumstances, I’ve tryed to be the best father in the world. But I knew that her course in life is largely determine by what I teach her. It’s the same with any young person, their course is determined by what we are teaching them. In the words of Aristotle, ‘All improvement in society begins with the education of the young.’
Sincerely,
Ray L. Jasper
Ps: Forgive me for being longwinded, but I was speaking from the heart. Thanks for the opportunity.
First letter:
Last month (as we did last year), we sent letters to all of the U.S. death row inmates who have execution dates in the upcoming year. Today, we have our first reply: Ray Jasper, who is scheduled to be put to death in Texas in March.

Jasper was convicted of the 1998 murder of a recording studio owner. Jasper was 18 years old at the time. He has been in prison for the past 15 years.

The purpose of publishing these letters is to hear directly from people whose voices are not often heard. This is not a referendum on the guilt or innocence of any inmate. Ray Jasper responded to our questions numerically, so we will briefly list them here:

1. What do you think the chances are of your execution occurring as scheduled?
2. Can you describe daily life on Death Row?
3. Can you talk a bit about your own past and upbringing?
4. Has your time in jail changed your political or religious beliefs?
5. Do you have any thoughts on how the media and the public view the death penalty?

6. What else would you like to say to the public about your life, your situation, and what you think it means for our country? 
Mr. Nolan,
I hope you’re genuine in your endeavor and I hope you achieve your goal with your writing. I numbered your questions to match my answers. I’m sure you can take it from there. Can I receive a copy of how you publish this or the name of the website?
1) I think any execution has a 50/50 chance of taking place. It comes down to the legalities of the case. The controversial issue in my case has been narrowed down to racial discrimination concerning the State of Texas purposely striking Black people from the jury panel. Racial discrimination on trial juries has a long-standing history in Texas. It was really made known in the Thomas Miller-el case where Dallas had a guide for their prosecutors to strike all minorities from the jury panel. So it’s about whether the Courts will consider the issue worth halting the execution.
2) Daily life on death row is like living in a black & white TV, while the rest of the world is [in] a full color high definition plasma TV. I’ve done my best to live above the circumstances by studying self-help and spiritual books. Ghandi once said that prison is not a punishment for an enlightened person, it only gives them more time to deepen their divinity. I agree. I was a teenager when I came to death row and over the last 15 years I’ve written several books & screenplays. I’ve turned a negative into a positive, while others around have lost their mind, dropped their appeals or committed suicide. I think who you are matters more than where you are.
3) I grew up like most young blacks at a disadvantage, susceptible to the street life out of the environment and a lack of education. For most young blacks we rebel out of subtle racism and being targeted by the police. For young blacks, cops are the enemies. I’ve been falsely arrested and beat by the police before the age of 18. It’s like how can society expect young blacks to be [compliant] with the same law that poses a threat to their life. You never hear of black cops beating or killing young whites, but its so common to hear about white cops beating and killing young blacks.
4. My time in jail introduced me to politics. I was too young and uneducated to understand politics before I got locked up. Now, I see everyone has their own agenda and ideology of how society should function and those in political offices enforce their own agenda upon others. I think politics is a shark’s pool. There’s not much empathy involved.
I am a deeply religious person. I respect all religions, especially those who sacrifice for the service of God. I have a strong faith in Christ, but I do see  religion is often misused and Americans are too intellectual to be truly religious spiritually. Many people are only outwardly religious. I was religious people who wanted Christ to be executed. It was religious clergy who persecuted Martin Luther King as an extremist. One has to be careful of those who choose the letter of the Spirit. Paul said, “The letter kills, the Spirit gives life.” Jesus said only those the Spirit understand the kingdom of God.
5) The way the media covers the death penalty depends of the agenda of that media outlet. The media is not neutral. I think whether a person is pro or anti-death penalty, we should all be against injustice. Those who do not see the death penalty as unjust should do their homework. Every major newspaper in Texas has taken a stance against the death penalty due to their investigative journalism. They know what’s going on behind the scenes. The average person in Texas cannot explain the difference between murder and capital murder. The public is under the impression the people receive the death penalty for murder and murder, in Texas, is not punishable by the death penalty. There are thousands of people who committed murder and capital murder who are not on death row, but in regular prison. To say one person guilty of capital murder should live and another person guilty of capital murder should die is an injustice in [and] of itself.
I suggest reading the book TRIAL & ERROR: THE TEXAS DEATH PENALTY by Lisa Maxwell. It just came out this year and it highlights all the injustices of the Texas death penalty that many people never knew or forgot about over the years.
6) My life is a testament of what it is to be young & black in America. Black [people] are incarcerated at a higher rate than any other race because we are ignorant to the laws that govern society. As Nelson Mandela said, “Education is the most powerful weapon on which you can use to change the world.” I gave up in school after a friend died when I was 11 years old. I didn’t officially dropout until 16. By 18, I was facing the death penalty. I had no idea what capital murder was by definition or the law of parties. The Bible says that understanding makes a person depart from wrongdoing. People must be taught, even if its not in a school. We are all interdependent and we can educate each other. Adults need to have the courage to talk to teenagers and teach them how to make a smoother transition into adulthood. Over a million teenagers are arrested every year in America. 5 out of 6 black teenagers will drop out of high school. When you’re young it’s hard to see the road up ahead and many teens lack a long term vision for their life. They must be taught in the school of life by adults who cross their path.
Note: I apologize for all the mistakes, but I’m stuck in the 80’s with a E-typewriter, not a laptop. Any other questions let me know. I wish you success on your endeavor. Enjoy the season.
Peacefully, Ray

Ohio man Dennis McGuire is executed using new drug

Please consider to protest the execution of Dennis McGuire
You may also send an email to the advisor of the Governor: kim.kutschbach@governor.ohio.gov

Reblogged from BBC

A man convicted of murder in the US state of Ohio has been executed using a new, never-before-tried lethal injection combination.

Dennis McGuire, 53, was killed on Thursday with a two-drug cocktail, after the maker of the previous execution drug refused to allow its use in capital punishment.

McGuire appeared to gasp and snort over the 15 minutes it took him to die.
He was sentenced to death for the 1989 rape and murder of Joy Stewart.
Stewart was pregnant.

In recent years, US states have had increasing difficulty obtaining drugs for use in lethal injections, as their manufacturers have grown unwilling to provide them for that use.
Ohio officials elected to use intravenous doses of the sedative midazolam and painkiller hydromorphone for McGuire’s execution.

Lawyers for McGuire had said the drugs placed him at risk of air hunger, a phenomenon which causes terror as the patient struggles to catch his breath.

During the procedure, McGuire gasped several times and his mouth repeatedly opened and closed, according to an Associated Press news agency reporter who witnessed the execution.

An Ohio federal judge had rejected a last-minute appeal to delay the execution after McGuire’s legal team argued a jury never heard details of his reportedly troubled childhood.

McGuire’s lawyers alleged he was abused, leading to impaired brain function that made him prone to impulsive actions.

Ohio Governor John Kasich also rejected McGuire’s efforts to become an organ donor, a legal manoeuvre that previously allowed another death row inmate an eight-month reprieve.

Reggie Clemons judge finds police suppressed evidence in death row case

This comes from The Guardian, Aug. 7th, 2013:

Finding gives Clemons, who has been on death row since 1993 for Missouri double murder, hope of avoiding lethal injection.

Read the whole article here.

Loss of Hope

Reblogged from the National Coalition to Abolish the Death Penalty, Aug. 6th, 2013

My name is Vicki Adams Werneke and I am a Federal Public Defender. My colleague Joseph (Joe) Wilhelm and I represented Billy Slagle. 

This Friday, August 9, will mark my 20th year of doing capital work. I was hoping the date would be celebrated with the saving of another life, and by all accounts it would have been. Sadly, as happens with our clients at times, he lost hope. Apparently Billy wanted to die on his own terms. Although I can’t fault him, I am dismayed and a little angry that he made that decision. Anyone who has been in this macabre business very long knows the emotional roller coaster that the clients and defense teams go through when trying to save a life. The roller coaster in Billy’s case had many high moments and many low moments.

Two years ago we conducted a clemency hearing with compelling reasons why Billy should not be executed. He was just 18 when the murder happened, and at that young age he was already a chronic alcoholic. In fact, he was highly intoxicated on drugs and alcohol at time of the crime. Billy came from a very dysfunctional family and with 90 proof roots. He did not enter the victim’s house with any intent to do her harm, just steal from her to get money for more alcohol and drugs, and was very remorseful from the beginning. At that time two years ago, the Governor did not make a final decision on clemency, but instead granted a reprieve because of the lethal injection litigation. The new execution date was set for August 7, 2013.

In the interim two years, Billy reconnected with his family. He had always been withdrawn and getting him to talk was difficult at times. He was always respectful, he just didn’t show emotion or want to be a bother to anyone. But in those two years, he was more communicative and talked about his dreams for what he would make of his life if given an opportunity to live the rest of his life in prison. He knew that he would never get out and would have accepted a life imprisonment without parole. He talked about learning his native language, so he could talk to his aunt. Our office got him a book and CD set so he could start learning. He wanted to work with animals and dreamed of being involved in the program that inmates are allowed to train service dogs. His family talked about he rescued injured animals when he was a child and how good he was with them. Billy talked about how he wanted to help his nieces and nephews and be the patriarch of the family.

In preparation for the clemency hearing in July, we approached the county prosecutor to see if they would at least not oppose our clemency request. The prosecutor had made many public statements that he was approaching capital cases differently, but we weren’t sure whether that meant newly indicted cases or older ones like Billy’s. To our great surprise, the prosecutor actually joined our request! His written response indicated that he agreed clemency was warranted in Billy’s case. The Parole Board still had a clemency hearing and the prosecutor said reiterated his support for a commutation of sentence and explained why the office was taking that position. The prosecutor also told the Board that the murder victim’s family supported the prosecutor’s position. It was incredible and we were so hopeful. So was Billy.

The parole board issued their report on July 16 and the vote was 6-4 against clemency, which meant we had 4 votes for clemency! Of those 4 board members who voted for clemency, 3 were on the board in 2011 and had voted to deny clemency. We were disappointed that 6 members voted against, but again were hopeful. So was Billy.

But then Governor Kasich denied clemency on July 24. No explanation given other than “nothing had changed in two years.” We were devastated and felt like we had been punched in the stomach. So was Billy.
Circumstances had changed in two years, but I guess it didn’t matter to Governor Kasich that the county prosecutor stated Billy was not the worse of the worst and did not deserve execution. I guess it didn’t matter that the victim’s family was in favor of clemency.

Since the prosecutor supported clemency, we reached out to him again to see if he would agree to a judicial proceeding that would result in Billy’s sentence being modified to life imprisonment. The assistant prosecutor said he would discuss it with Prosecutor McGinty and get back to us. We waited as long as we could, and on Tuesday, July 30, 2013, we filed a Request for Leave to File a Motion for New Trial asking the trial court to vacate the death sentence. We hoped the prosecutor would not oppose the motion and we could work out a deal where Billy would be resentenced to life imprisonment. We also filed a Motion for Stay of Execution with the Ohio Supreme Court and a Motion to Vacate the Sentence. The thought was to give every court and judicial officer the tools to do the right thing and stop the execution. The judge summarily denied the motion the Motion for a New Trial on Wednesday, July 31, 2013, without a response from the prosecutor. We learned of the denial when I checked the online court docket at 4:30pm that day, which showed the order was posted at 2:30 that afternoon. No call from the court and so far not even a copy of the order in the mail.

In the meantime, the Ohio Supreme Court ordered the prosecutor to respond to the stay motion and the motion to vacate by Friday, August 2, 2013, at noon. The prosecutor responded late in the afternoon on Thursday, August 1, 2013.The prosecutor said they were opposing our motion seven though they admitted that at the clemency hearing they were in favor of a sentence commutation.

On Thursday, August 1, 2013, we filed a notice of appeal of the summary denial of our request for leave to file a Motion for New Trial. The same day, the Court of Appeals sua sponte ordered the briefs to be filed by Monday, August 5, 2013, by 9:00 am and that oral argument would be at1:30 pm. We were pleased, although knew it would have been difficult for us to win. We still had hope.

Our investigator Jan and I went to the prison on Friday, August 2, 2013, to visit with Billy. I shared with him the responses from the prosecutor to our stay motion and the motion to vacate. I also gave him the brief that Joe was filing with the Court of Appeals that day. He was very sad and obviously disappointed, but there was no indication that he was thinking of taking his life. I had documents for him to sign so we could take further appeals and he signed them without hesitation. I tried to give him hope, but also to prepare him for the worse. I told him we had the oral argument on Monday and that we were still fighting for him. Billy has always been somewhat withdrawn so it wasn’t unusual for him to not be very talkative. He was grateful for our visit, but was ready to go back to his cell after about an hour. I told Billy God didn’t want him executed. After Governor Kasich denied clemency, Billy told his family he didn’t want them to visit in person anymore. However, he did call them every day.

While Jan and I were driving the long 4 hours back to Cleveland, Joe called me. At about 5:00that evening, Joe had received a call from Prosecutor McGinty and his two assistants. Apparently one of the assistant prosecutors from the 1988 trial told McGinty that there had been a plea deal offered to Billy’s trial attorney back then. If Billy plead guilty, they would agree that he would be sentenced to life imprisonment with parole after 30 years. The assistant prosecutor said Billy’s trial attorney rejected the offer. However, it appears that Billy had never been informed of the plea deal. Billy even told us that had he been given a deal back then, he would have taken it. He did not know that he could have plead guilty back then and been spared the death penalty. About an hour after Joe talked with McGinty, one of the assistants called asking if we were going to file another stay motion with the Ohio Supreme Court. Joe replied “Of course”, especially based on this new information. The prosecutor told Joe they would not oppose the motion, meaning the Ohio Supreme Court would most likely grant the motion and the execution would be stopped. We would have been able to work out a deal where Billy’s death sentence would be vacated and he would have been sentenced to life imprisonment.

This was great news! Joe and I worked on Saturday to prepare a strategy and the pleadings .However, we were not able to tell Billy because we didn’t have access to him after hours. We didn’t tell his family out of concern that if the information leaked, others would try to stop the support from prosecutor’s office. We sent an email to the case manager at the prison requesting a phone call first thing Monday morning.

But then Sunday morning, the world shattered. I was in church with my dad and my phone kept vibrating in the middle of the sermon. I could tell I was getting phone calls, but didn’t look at my phone. As soon as I could find a discreet time to take a glance at my phone, I saw a text message from Jan telling me that Billy’s sister called to tell us that he had hanged himself. He was gone.

No one from the prison called us, his attorneys. I learned that after they called Billy’s family, the prison media person called the press. By the time I got out of church, it was all over the news.

There are lessons to learn from this case for everyone. I hope those in position to make the final decisions about a man’s life or death take heed of these lessons. The roller coaster of emotions that I, as a lawyer, experience is heart wrenching—but that is only a fraction of how Billy felt. Even in a case where there is no question of guilt, there remain serious questions about whether the death sentence was the appropriate punishment and the cat and mouse games played by those in power. Hope is a powerful thing and loss of hope can be deadly.

Governor Kasich: Please Stop the Execution of Billy Slagle!

This comes from an email received on July 22nd. We urge the Ohio governor to stop the execution of Mr Billy Slagle:

Native American Billy Slagle, a pen pal of mine, is on death row for a crime he committed in 1987 when he was just 18 years old. A psychiatrist testified at trial that his emotional age was only 12. Billy’s tragic life leading up to the murder of Mari Ann Pope– a life marked by abuse, neglect, drug and alcohol abuse– explains why this young man of 18 years had not emotionally developed beyond age 12. He became already an alcoholic at the age of four. No one can blame alcoholism on a child of four years.
According to the 2011 Parole Boards’s report Joseph Wilhelm of the Federal Public Defender’s Office told the parole board that “Slagle was a broken person who had a broken brain from chemical addiction, a broken childhood from abuse and neglect and was emotionally retarded”.
A federal appellate judge said prosecutors were “most vile” during the murder trial. U.S. Circuit Judge Karen Nelson Moore described Slagle’s trial in CuyahogaCounty as infected with unfairness, and said his conviction should be overturned because prosecutors in Cleveland repeatedly made inflammatory comments during the trial.
Judge Moore, the only member of the panel with a Cleveland tie and former Case Western Reserve University law professor, was highly critical of remarks prosecutors made that portrayed Slagle, an American Indian, “as a nonbeliever or a believer of dubious faith.”
U.S. Circuit Judge John Rogers, who delivered the majority opinion, said 15 improper comments were made during the trial, but found none were strong enough to cause a miscarriage of justice.
Some of the comments included statements that Slagle “has no conscience” and that his life “has been one big lie” and that he was “one of the greatest threats against community and civilization.” The prosecutors also belittled defense witnesses, calling one expert on alcoholism a person who offered “only liberal quack theories.”
I was sorely shocked to get to know that Ohio Parole Board recommended in a unanimous vote in 2011, that the Governor of Ohio should deny Billy Slagle’s clemency request.
After a stay of all executions in Ohio from 2011 to 2013 – due to juridical problems with a new execution protocol – the Ohio Parole Board voted 6-4 to turn down a new request for clemency for Billy Slagle on July 16th, 2013, despite the mitigating circumstances, although even Cuyahoga County Prosecutor Tim McGinty asked the Ohio Parole Board to recommend clemency to the Governor of Ohio to commute Billy Slagle’s death sentence to life without parole. I endorse his request wholeheartedly taking into account the mitigating circumstances of Native American Billy Slagle who was a teenager and chronic alcoholic when he committed the crime.
Billy Slagle is not the teenager anymore who committed a crime in 1987. Billy Slagle is no alcoholic anymore. He is a grown-up kind man who has spent more than the half of his lifetime on death row. He has changed entirely, and feels deep remorse for the crime that he committed as a juvenile of 18 years. 

“I’m neither inherently evil nor a bad person, but rather someone that has made a terrible mistake and wishes that I could take that night all back,” Billy Slagle wrote in a statement to the board in 2011. I know my friend Billy deserves the mercy of the Governor of Ohio!
Please ask Governor Kasich to stop the execution of my friend Billy despite the denial of the request to recommend clemency to him by 6 members of the Board!
Remembering the words of the New Testament “Whatever you did for one of the least of these brothers of mine, you did for me” (Matthew 25:40) I am imploring Ohio to show clemency to Native American Billy Slagle! 

Please urge Governor Kasich to spare the life of Native American Billy Slagle!

Thank you.