tag:blogger.com,1999:blog-318646942024-02-02T03:01:18.462-07:00Bearing False WitnessWrongful convictions: Research by D. Michael Risinger, Professor of Law at Seton Hall indicates that 3.3%-5%
of those convicted of crimes are factually innocent.
Some have estimated 130,000 to 260,000 American inmates did not commit the crime they've been convicted of. My son is one of them, convicted of murder despite exculpatory evidence. This blog is dedicated to exonerating him and others by raising our national awareness of wrongful convictions.William Newmillerhttp://www.blogger.com/profile/14507015237138662862noreply@blogger.comBlogger170125tag:blogger.com,1999:blog-31864694.post-87952756836291977522010-08-10T22:00:00.000-06:002010-08-10T22:00:15.249-06:00A long day in court<span class="Apple-style-span" style="color: #333333; font-family: 'lucida grande', tahoma, verdana, arial, sans-serif; font-size: 11px;">We began at 8:30 and didn't finish until almost 6:00. Mostly, the time was spent in listening to the prosecutor's lumbering and disorganized cross examination of our expert witnesses.</span><span class="Apple-style-span" style="color: #333333; font-family: 'lucida grande', tahoma, verdana, arial, sans-serif; font-size: 11px;"> </span><span class="Apple-style-span" style="color: #333333; font-family: 'lucida grande', tahoma, verdana, arial, sans-serif; font-size: 11px;"><br />
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</span><span class="Apple-style-span" style="color: #333333; font-family: 'lucida grande', tahoma, verdana, arial, sans-serif; font-size: 11px;">The best news came at the end the of the day when our attorney told us he is "thrilled" with where we are.</span><span class="Apple-style-span" style="color: #333333; font-family: 'lucida grande', tahoma, verdana, arial, sans-serif; font-size: 11px;"><br />
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</span><span class="Apple-style-span" style="color: #333333; font-family: 'lucida grande', tahoma, verdana, arial, sans-serif; font-size: 11px;">The prosecutor has tried to divert attention from the issues that we have raised, but we all hope the judge sees through this ploy.</span><span class="Apple-style-span" style="color: #333333; font-family: 'lucida grande', tahoma, verdana, arial, sans-serif; font-size: 11px;"><br />
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</span><span class="Apple-style-span" style="color: #333333; font-family: 'lucida grande', tahoma, verdana, arial, sans-serif; font-size: 11px;">Our forensics expert, a retired detective who used to supervise internal affairs, strongly criticized the treatment of evidence in Todd's case. Called it unprofessional and inexcusable in the strongest terms. At the end of the day, an investigator from the State Attorney General's Office admitted that the knife alleged by the state to have been the murder weapon had been altered while in police custody, and he just didn't know how that could have happened.</span><span class="Apple-style-span" style="color: #333333; font-family: 'lucida grande', tahoma, verdana, arial, sans-serif; font-size: 11px;"> </span><span class="Apple-style-span" style="color: #333333; font-family: 'lucida grande', tahoma, verdana, arial, sans-serif; font-size: 11px;"><br />
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</span><span class="Apple-style-span" style="color: #333333; font-family: 'lucida grande', tahoma, verdana, arial, sans-serif; font-size: 11px;">Our legal expert also testified that had the jury been able to hear the full medical story, they'd likely have reached another verdict. The deputy in charge of Todd today, told Todd the this witness was doing a "really good job" for him. We agree with the police on that point!</span><span class="Apple-style-span" style="color: #333333; font-family: 'lucida grande', tahoma, verdana, arial, sans-serif; font-size: 11px;"><br />
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</span><span class="Apple-style-span" style="color: #333333; font-family: 'lucida grande', tahoma, verdana, arial, sans-serif; font-size: 11px;">We expect another full day tomorrow. And the hearing may continue on Thursday.</span><span class="Apple-style-span" style="color: #333333; font-family: 'lucida grande', tahoma, verdana, arial, sans-serif; font-size: 11px;"><br />
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</span><span class="Apple-style-span" style="color: #333333; font-family: 'lucida grande', tahoma, verdana, arial, sans-serif; font-size: 11px;">By the way, today is our granddaughter Maya's 11th birthday. Son Joel's girlfriend, K8t, showed her a good time in Colorado Springs while the rest of the family was at the hearing. Everyone is pulling together and we can't begin to express the gratitude we have for the support we've received from so many wonderful people.</span><span class="Apple-style-span" style="color: #333333; font-family: 'lucida grande', tahoma, verdana, arial, sans-serif; font-size: 11px;"> </span><span class="Apple-style-span" style="color: #333333; font-family: 'lucida grande', tahoma, verdana, arial, sans-serif; font-size: 11px;"><br />
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<span class="Apple-style-span" style="color: #333333; font-family: 'lucida grande', tahoma, verdana, arial, sans-serif; font-size: 11px;">Throughout the day tomorrow, I'll provide updates on Twitter (http://twitter.com/bnewmiller) and on Facebook (http://facebook.com/newmiller).</span>William Newmillerhttp://www.blogger.com/profile/14507015237138662862noreply@blogger.com3tag:blogger.com,1999:blog-31864694.post-52647895407678560332010-08-09T06:12:00.000-06:002010-08-09T06:12:03.220-06:00Hard Questions for the El Paso County Colorado DAAlthough the scope of Todd's 35c hearing, which begins in a few hours, is narrowly focused on on constitutional issues, the citizens of Colorado Springs deserve to know how the DA's Office so badly botched the investigation of a tragic killing. Here are a couple questions I'm sure the DA doesn't want to address:<br />
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<ol><li><b>Why did Prosecutor Amy Mullaney rush to cut a deal with Brad Orgill--the only person seen fighting with victim Anthony Madril?</b> Madril, according to witnesses entered into the fight enthusiastically, fought fiercely, and emerged covered in blood and saying, "I just got stabbed." Mullaney cut a deal with Orgill: He would get a few hours of community service in exchange for saying that Todd confessed. The deal was struck before the physical evidence had all been sent to the state crime lab for testing, and long before the Metro Crime Lab did a crime scene analysis.</li>
<li><b>Why did prosecutors let Orgill get away with violating his plea bargain?</b> Only a few months after Mullaney struck the deal with Orgill, a nineteen-year-old woman accused Orgill of rape. Orgill claimed the sex was consensual, and, despite physical evidence, the case never went anywhere. During the investigation, however, Orgill admitted to giving his underage accuser alcohol--a clear violation of his plea agreement, which in addition to community service required that he keep his nose clean. That is, that he commit no infraction more serious than a four-point traffic ticket.</li>
</ol><div>The questions asked here won't be a part of the current hearing because the law sometimes works in curious ways. They are, as Paul Harvey might have said, "The rest of the story."</div>William Newmillerhttp://www.blogger.com/profile/14507015237138662862noreply@blogger.com0tag:blogger.com,1999:blog-31864694.post-20656913431660686892010-08-08T08:28:00.000-06:002010-08-08T08:28:03.581-06:00A day in court--finallyFor a long time, I've been silent on this blog. Not because I'd nothing to say, but because we've been working hard behind scenes to advance Todd's case on the legal front. Now, after four and a half years of unjust incarceration, Todd arrived on the eve of a court hearing where we will make our plea that his original trial was deeply flawed and profoundly unfair.<br />
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We pray that the judge, who will hear this care, Judge John McMullen, will listen with wisdom and decide rightly that Todd's conviction should be vacated.<br />
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Judge McMullen has blocked off three days for the hearing, which begins tomorrow morning at 9 a.m. in the El Paso County Courthouse, Room W450.<br />
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As the hearing proceeds, I'll post updates. The blog entries won't come until the end of the day, but as I'm able to, I'll tweet throughout the day during any recesses. You can follow those tweets at http://twitter.com/bnewmiller. They'll also be echoed to my Facebook page, http://facebook.com/newmiller.<br />
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Finally, a great big thank you to the many people who have supported Todd and our family throughout the nightmare of his wrongful conviction.William Newmillerhttp://www.blogger.com/profile/14507015237138662862noreply@blogger.com1tag:blogger.com,1999:blog-31864694.post-3814697691862471682010-03-28T20:16:00.000-06:002010-03-28T20:16:41.173-06:00Faulty ForensicsThe case of David Kofoed feeds directly into horror our family has faced these last few years. Kofoed was the Director of CSI for Douglas County, Nebraska. Last week Kofoed was convicted of planting blood evidence to be used against the suspect in a murder case. <a href="http://www.google.com/hostednews/ap/article/ALeqM5hRklP14iedGcfsXq0zrU7enYgZZQD9EL9EB00">The Associated Press reports</a> that a flood of appeals is expected on the heals of Kofoed's conviction.<br />
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With David Kofoed's conviction the list grows of cases where forensic agencies have been caught doctoring evidence. In part, the federal government has tried to address this problem through the Coverdell Forensic Improvement program, which requires any forensic agency that receives funding under Coverdell grants to investigate allegations of negligence or abuse.<br />
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We filed a Coverdell allegation in May of last year, <a href="http://bearingfalsewitness.com/CoverdellAllegation.pdf">an allegation we've made available online</a>. Followers of <i>Bearing False Witness</i> know that evidence altered by state authorities was central to Todd's wrongful conviction. Although the allegation was filed almost a year ago, and although the National Institute of Justice has sent additional queries to Colorado authorities, we have so far not even received an acknowledgement from those responsible for investigating the allegation.William Newmillerhttp://www.blogger.com/profile/14507015237138662862noreply@blogger.com0tag:blogger.com,1999:blog-31864694.post-1109906509146172262009-12-22T09:57:00.000-07:002009-12-22T09:57:45.124-07:00An Update on the Legal BattleIt's been a long time since I've posted here. At the time of my last post we were facing a deadline for filing a 35(c) motion, which in Colorado is a motion for post-conviction relief. In it we asked for a hearing where we can raise issues of unfairness in Todd's trial that have not been previously addressed. I'm happy to report that we will receive a 35(c) hearing. It's not yet scheduled, but we're hopeful that it will occur in the next few months.<br />
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Presiding at the hearing is Senior Judge John McMullen from Denver, who has been assigned to the case after a ruling that none of the judges in our local Colorado Springs district could hear the case.<br />
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Central to the hearing will be medical evidence provided by state "experts" that was misleading, inaccurate, and went unchallenged in the trial.<br />
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The prosecution's theory of the crime was that Todd, unseen by any of the six witnesses, stabbed the victim in the heart (a horrific wound that punctured both ventricles). And then the victim went on to a fierce fight with another person--a fight that he entered energetically and that was seen by all witnesses.<br />
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State medical witnesses testified that the victim's seemingly miraculous ability to engage in a fierce fight with his heart slashed resulted from a medical condition called "cardiac tamponade."<br />
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There are two problems with this theory that never came out at the trial. First, there is much physical evidence indicating that cardiac tamponade did NOT occur. Second, cardiac tamponade is itself a serious condition that leads quickly to death.<br />
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We'll keep you updated as events unfold.<br />
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In the meantime, please take a look at Todd's latest <a href="http://www.reformingjustice.com/blog/2009/12/grief-of-sin-and-idleness.aspx">blog</a>. He along with others is blogging for the <a href="http://www.reformingjustice.com/">National Coalition for Criminal Justice Reform</a>, a newly founded organization chartered in Idaho by the national network of activists that came together for last summer's Freedom March to raise awareness for wrongful convictions.<br />
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</h2>William Newmillerhttp://www.blogger.com/profile/14507015237138662862noreply@blogger.com3tag:blogger.com,1999:blog-31864694.post-90233862378140836342009-09-05T09:30:00.002-06:002009-09-05T09:45:08.889-06:00New Book on False ConfessionsJohn Maki from the Northwestern Center on Wrongful Convictions writes that Rob Warden and Steve Drizin's new book, <em>True Stories of False Confessions</em>, contains 39 compelling accounts of false confessions—articles adapted from newspapers, magazines, and books by distinguished writers, including Sydney Schanberg, Alex Kotlowitz, and John Grisham.<br /><br />The book includes the account of Chris Ochoa, who spent nearly 12 years in prison for a crime he didn't commit. Chris talks about how interrogators extracted a false confession from him in this video:<br /><br /><object width="320" height="265"><param name="movie" value="http://www.youtube.com/v/9aI8AqB_TLA&hl=en&fs=1&"><param name="allowFullScreen" value="true"><param name="allowscriptaccess" value="always"><embed src="http://www.youtube.com/v/9aI8AqB_TLA&hl=en&fs=1&" type="application/x-shockwave-flash" allowscriptaccess="always" allowfullscreen="true" width="320" height="265"></embed></object><br /><br />Of the book, John Maki writes, "<em>True Stories of False Confessions</em> shows that these cases are not aberrations, but rather evidence of flaws in the criminal justice system that demand reform. To this end, Warden and Drizin organize the stories of false confessions into categories, such as brainwashing, child abuse, and fabrication, and include a postscript for each case, providing legal updates and additional information."<br /><br />The royalties from the book will go to the Center on Wrongful Convictions.<br /><br /><em>True Stories of False Confessions</em> is available at <a href="http://www.amazon.com/True-Stories-False-Confessions-Warden/dp/0810126036/ref=sr_1_1?">Amazon</a>. Learn more about True <em>Stories of False Confessions</em> at <a onmousedown="'UntrustedLink.bootstrap($(this)," href="http://falseconfessionsbook.com/" rel="nofollow" target="_blank">http://falseconfessionsbook.com/</a>.William Newmillerhttp://www.blogger.com/profile/14507015237138662862noreply@blogger.com3tag:blogger.com,1999:blog-31864694.post-85693460236759922452009-09-04T08:15:00.002-06:002009-09-04T08:44:16.592-06:00Bad Science + Amateur Expert + Snitch = Execution of an Innocent ManIn this week's <em>New Yorker</em> David Grann chronicles the <a href="http://www.newyorker.com/reporting/2009/09/07/090907fa_fact_grann?yrail">tragic story of Cameron Todd Willingham</a>. Willingham lost his children in house fire in Corsicana, Texas. A local fire inspector called it arson. A jailhouse snitch said that Willingham confessed. A two-day trial followed by a four hour deliberation sealed Willingham's fate. He was executed in 2004.<br /><br />Unfortunately for Willingham, a re-analysis of the fire, done by a real scientist with a real degree, Gerald Hurst,--an analysis that revealed the fire was not the result of arson--was ignored by those in Texas who were hell-bent on injecting sodium thiopental, pancuronium bromide, and potassium chloride into Willingham's veins.<br /><br />What runs through the mind of an innocent man facing imminent execution? Willingham's last communications with his parents tell us. When he received word that Governor Rick Perry had denied a last-minute stay of execution, he told his mother, "Don't be sad, Momma. In fifty-five minutes, I'm a free man. I'm going home to see my kids." He told them, "Please don't ever stop trying to vindicate me."<br /><br />Willingham's heart stopped beating on February 17, 2004, at 6:20 P.M. His death certificate listed the cause of death as "homicide." Who murdered him is clear. They remain at large.William Newmillerhttp://www.blogger.com/profile/14507015237138662862noreply@blogger.com0tag:blogger.com,1999:blog-31864694.post-22355049657530179192009-08-26T06:38:00.002-06:002009-08-26T06:44:47.451-06:00Victims of the StateThe website <a href="http://www.victimsofthestate.org/">Victims of the State</a> has reviewed Todd's case and provided a <a href="http://www.victimsofthestate.org/CO/Newmiller.htm">summary</a> of it. Dan <span id="SPELLING_ERROR_0" class="blsp-spelling-error">Rastatter</span>, who produced the website and wrote the summary of Todd's case has collected well over a thousand cases nationwide that reveal a <span id="SPELLING_ERROR_1" class="blsp-spelling-corrected">widespread</span> disregard for <span id="SPELLING_ERROR_2" class="blsp-spelling-corrected">truth seeking</span> in our criminal justice system.William Newmillerhttp://www.blogger.com/profile/14507015237138662862noreply@blogger.com1tag:blogger.com,1999:blog-31864694.post-62648998631911754442009-08-21T18:17:00.002-06:002009-08-21T18:33:47.932-06:00When is science not science?Anderson Cooper <a href="http://ac360.blogs.cnn.com/2009/08/20/man-convicted-of-rape-murder-based-on-junk-science/">reports on CNN</a> that "Of the 241 wrongful conviction cases the Innocence Project has helped to overturn, 50 percent of them hinged on forensic science problems."<br /><br />For us that's not surprising, because in our case evidence was significantly mishandled. Although The trial judge concluded that the State had "dropped the ball," the evidence--which had been altered while in the state's possession--was still deemed admissible. Over a year after the trial, the Colorado State Attorney <span id="SPELLING_ERROR_0" class="blsp-spelling-error">General's</span> office finally dropped its <span id="SPELLING_ERROR_1" class="blsp-spelling-corrected">claim</span> that the State was not responsible.<br /><br />In May, we filed an <a href="http://bearingfalsewitness.com/CoverdellAllegation.pdf">allegation of negligence or misconduct</a> in the handling of the evidence. So far none of the oversight agencies have responded to the allegation.<br /><br />It seems that evidence and the search for truth is not an integral part of our criminal justice system. Perhaps too many in our criminal justice system share the opinion of Supreme Court Justices <span id="SPELLING_ERROR_2" class="blsp-spelling-error">Scalia</span> and Thomas, who in a recent opinion, according the <em><a href="http://www.nytimes.com/2009/08/21/opinion/21fri2.html?_r=1">NY Times</a></em>, "suggested there was no constitutional problem with executing a man who could prove he was innocent."William Newmillerhttp://www.blogger.com/profile/14507015237138662862noreply@blogger.com0tag:blogger.com,1999:blog-31864694.post-89018309573946042362009-08-20T19:42:00.003-06:002009-08-20T19:48:16.257-06:00Prison Reform, Education, and Healthcare<a href="http://www.nytimes.com/2009/08/20/opinion/20kristof.html?_r=1">Nicholas Kristof makes the connection today in the <em>NY Times</em></a> between criminal justice reform and health and education. He writes, "It’s time for a fundamental re-evaluation of the criminal justice system, as legislation sponsored by Senator Jim Webb has called for, so that we’re no longer squandering money that would be far better spent on education or health."<br /><br />Bottom line: "Opponents of universal health care and early childhood education say we can’t afford them. Granted, deficits are a real constraint and we can’t do everything, and prison reform won’t come near to fully financing health care reform. Still, would we rather use scarce resources to educate children and heal the sick, or to imprison people because they used drugs or stole a pair of socks? "<br /><br />What do these priorities say about us?William Newmillerhttp://www.blogger.com/profile/14507015237138662862noreply@blogger.com0tag:blogger.com,1999:blog-31864694.post-61582243366299620432009-08-15T08:52:00.002-06:002009-08-15T09:04:13.801-06:00Unsustainable Incarceration"Put them in prison and make them worse criminals, or put them in rehab, possibly make them better, and save some money. Sounds like a no-<span id="SPELLING_ERROR_0" class="blsp-spelling-error">brainer</span>." These are the words of <a href="http://www.nytimes.com/2009/08/15/opinion/15blow.html"><em>NY Times</em> columnist Charles M. Blow</a>. In today's <em>Times</em>, he contrasts the staggering cost of ineffectively incarcerating substance abusers with the savings and effectiveness that can be achieved through alternatives to incarceration. In a time of economic crisis the importance of spending public treasure wisely grows. It remains to be seen if the wisdom of policy makers will grow to meet this challenge.William Newmillerhttp://www.blogger.com/profile/14507015237138662862noreply@blogger.com0tag:blogger.com,1999:blog-31864694.post-3574695916300242522009-08-13T18:34:00.002-06:002009-08-13T18:49:56.886-06:00Folsom Prison Blues<p>We often hear it said: "If you want to see the future, look at California." If that's true, the future for prisons is bleak. Today's edition of All Things Considered chronicles the descent of California's Folsom Prison from the pinnacle of effective to an abject failure. Laura Sullivan reports that in 1968 almost every Folsom inmate "was in school or learning a professional trade. The cost of housing them barely registered on the state budget. And when these men walked out of Folsom free, the majority of them never returned to prison."<br /><br />But now: </p><ul><li>It now houses 4,427--more than twice the 1800 it housed in 1968. </li><li>It's once-vaunted education and work programs have been cut to just a few classes, with waiting lists more than 1,000 inmates long. </li><li>Officers are on furlough. </li><li>Its medical facility is under federal receivership. </li><li>And like every other prison in the state, 75 percent of the inmates who are released from Folsom today will be back behind bars within three years. </li></ul><p>So what happened? Simple. Californians decided to "get tough" rather than "get smart" on crime. Thanks to harsh sentencing laws, habitual offender policies, and the war on drugs, California's prison population exploded from 20,000 to 167,000. </p><p>The result: Californians today are less safe and facing insolvency. If you are interested in criminal justice reform, you must <a href="http://www.npr.org/templates/story/story.php?storyId=111843426">listen to this report</a>.<br /><br /></p>William Newmillerhttp://www.blogger.com/profile/14507015237138662862noreply@blogger.com0tag:blogger.com,1999:blog-31864694.post-52989105156856568752009-07-20T09:22:00.002-06:002009-07-20T09:26:32.462-06:00Procedure Over InnocenceJeffery <span class="blsp-spelling-error" id="SPELLING_ERROR_0">Deskovic</span>, a strong advocate for the wrongly convicted and a DNA <span class="blsp-spelling-error" id="SPELLING_ERROR_1">exoneree</span> spoke recently with Amy Goodman on "Democracy Now" about the nomination of Sonia <span class="blsp-spelling-error" id="SPELLING_ERROR_2">Sotomayor</span> and how politics interferes with a discussion we need to have on how judges and courts handle post-conviction claims of innocence. Please watch this brief interview:<br /><br /><script src="http://www.democracynow.org/embed_show_v1/300/2009/7/14/segment/4" type="text/javascript"></script>William Newmillerhttp://www.blogger.com/profile/14507015237138662862noreply@blogger.com0tag:blogger.com,1999:blog-31864694.post-46831966217607111092009-07-09T19:42:00.002-06:002009-07-09T19:54:41.447-06:00Jeffrey Deskovic Takes on Judge Sonia SotomayorJeff Deskovic's voice grows louder and carries further as he rails against the Supreme Court nomination of Sonia Sotomayor. You have admit, his anger at her nomination is understandable. He spent an additional six years in prison for a crime he didn't commit because Sotomayor chose procedure over justice.<br /><br />Many pundits will tell you that Sotomayor's approval is likely, and that Deskovic's campaign against her is quixotic. But he has a point. And it's high time for a national discussion on the merits of having judges who seek substantive justice rather than merely enforce bureaucratic procedure.<br /><br />Take a look at Deskovic making his point on this <a href="http://www.youtube.com/watch?v=u2-NgsTLjfA">video</a>:<br /><br /><object width="320" height="265"><param name="movie" value="http://www.youtube.com/v/u2-NgsTLjfA&hl=en&fs=1&"><param name="allowFullScreen" value="true"><param name="allowscriptaccess" value="always"><embed src="http://www.youtube.com/v/u2-NgsTLjfA&hl=en&fs=1&" type="application/x-shockwave-flash" allowscriptaccess="always" allowfullscreen="true" width="320" height="265"></embed></object><br />Jeffry Deskovic is first and foremost a friend and advocate for the wrongly convicted. His Face Book group is at <a href="http://www.facebook.com/group.php?gid=213251725203&ref=ts&__a=1">http://www.facebook.com/group.php?gid=213251725203&ref=ts&__a=1</a>.William Newmillerhttp://www.blogger.com/profile/14507015237138662862noreply@blogger.com0tag:blogger.com,1999:blog-31864694.post-65073934419141149642009-07-02T21:20:00.003-06:002009-07-02T21:36:07.426-06:00Brook Shields performing as Sunny Jacobs, one of "The Exonerated"At the Innocence Project Celebration of Freedom & Justice, Brooke Shields performed the <a href="http://www.guardian.co.uk/stage/2006/feb/20/theatre.usa">Sunny Jacobs story</a> from the award-winning Broadway play "<a href="http://www.theexonerated.com/">The Exonerated</a>":<br /><br /><object width="320" height="265"><param name="movie" value="http://www.youtube.com/v/FZuNOEKQKRE&hl=en&fs=1&"><param name="allowFullScreen" value="true"><param name="allowscriptaccess" value="always"><embed src="http://www.youtube.com/v/FZuNOEKQKRE&hl=en&fs=1&" type="application/x-shockwave-flash" allowscriptaccess="always" allowfullscreen="true" width="320" height="265"></embed></object><br />The take-away: "Imagine everything you did between the years of 1976 and 1992. Now remove all of it. Those 16 years were taken away from Sunny Jacobs, convicted and sentenced to death for a crime she did not commit......it could happen just as easily to you."<br /><br />Brooke Shield's reading took place on May 6, 2009 at the Innocence Project's Celebration of Freedom and Justice. Here's CNN's coverage:<br /><script type="text/javascript" src="http://i.cdn.turner.com/cnn/.element/js/2.0/video/evp/module.js?loc=dom&vid=/video/crime/2009/05/07/last.word.05.07.INSESSION"></script><noscript></noscript>William Newmillerhttp://www.blogger.com/profile/14507015237138662862noreply@blogger.com0tag:blogger.com,1999:blog-31864694.post-70594671283848746212009-06-26T16:50:00.004-06:002009-07-22T08:04:13.121-06:00Michael Jackson and Criminal Justice ReformMichael Jackson--misunderstood and now mourned--was never afraid to speak out with music that captured a generation. Here in "They Don't Care About Us" he speaks for the too-often voiceless. You can speak for the voiceless at tomorrow's Freedom Marches. See <a href="http://freedommarchusa.org/">http://freedommarchusa.org/</a> for links to a march you might attend. I'll be leading the march tomorrow in Denver. Details for it are available at <a href="http://bearingfalsewitness.com/fm">http://bearingfalsewitness.com/fm</a>.<br /><br />Now, remember Michael Jackson:<br /><br /><object width="400" height="255" id="uvp_fop" allowFullScreen="true"><param name="movie" value="http://d.yimg.com/m/up/fop/embedflv/swf/fop.swf"/><param name="flashVars" value="id=v2161596&eID=1301797&lang=us&enableFullScreen=0&shareEnable=1"/><param name="wmode" value="transparent"/><embed height="255" width="400" id="uvp_fop" allowFullScreen="true" src="http://d.yimg.com/m/up/fop/embedflv/swf/fop.swf" type="application/x-shockwave-flash" flashvars="id=v2161596&eID=1301797&lang=us&ympsc=4195329&enableFullScreen=1&shareEnable=1"></embed></object><br /><br />Here are the lyrics:<br /><br />Skin head, dead head<br />Everybody gone bad<br />Situation, aggravation<br />Everybody allegation<br />In the suite, on the news<br />Everybody dog food<br />Bang bang, shot dead<br />Everybody's gone mad<br /><br />All I wanna say is that<br />They don't really care about us<br />All I wanna say is that<br />They don't really care about us<br /><br />Beat me, hate me<br />You can never break me<br />Will me, thrill me<br />You can never kill me<br />Jew me, Sue me<br />Everybody do me<br />Kick me, Kike me<br />Don't you black or white me<br /><br />All I wanna say is that<br />They don't really care about us<br />All I wanna say is that<br />They don't really care about us<br /><br />Tell me what has become of my life<br />I have a wife and two children who love me<br />I am the victim of police brutality, now<br />I'm tired of bein' the victim of hate<br />You're rapin' me of my pride<br />Oh, for God's sake<br />I look to heaven to fulfill its prophecy...<br />Set me free<br /><br />Skin head, dead head<br />Everybody gone bad<br />trepidation, speculation<br />Everybody allegation<br />In the suite, on the news<br />Everybody dog food<br />black man, black mail<br />Throw your brother in jail<br /><br />All I wanna say is that<br />They don't really care about us<br />All I wanna say is that<br />They don't really care about us<br /><br />Tell me what has become of my rights<br />Am I invisible because you ignore me?<br />Your proclamation promised me free liberty, now<br />I'm tired of bein' the victim of shame<br />They're throwing me in a class with a bad name<br />I can't believe this is the land from which I came<br />You know I do really hate to say it<br />The government don't wanna see<br />But if Roosevelt was livin'<br />He wouldn't let this be, no, no<br /><br />Skin head, dead head<br />Everybody gone bad<br />Situation, speculation<br />Everybody litigation<br />Beat me, bash me<br />You can never trash me<br />Hit me, kick me<br />You can never get me<br /><br />All I wanna say is that<br />They don't really care about us<br />All I wanna say is that<br />They don't really care about us<br /><br />Some things in life they just don't wanna see<br />But if Martin Luther was livin'<br />He wouldn't let this be<br /><br />Skin head, dead head<br />Everybody gone bad<br />Situation, segregation<br />Everybody allegation<br />In the suite, on the news<br />Everybody dog food<br />Kick me, Kike me<br />Don't you wrong or right me<br /><br />All I wanna say is that<br />They don't really care about us<br />All I wanna say is that<br />They don't really care about us<br /><br />All I wanna say is that<br />They don't really care about us<br />All I wanna say is that<br />They don't really care about us<br /><br />All I wanna say is that<br />They don't really care about us<br />All I wanna say is that<br />They don't really care about usWilliam Newmillerhttp://www.blogger.com/profile/14507015237138662862noreply@blogger.com2tag:blogger.com,1999:blog-31864694.post-68731552794573407392009-06-24T09:54:00.002-06:002009-06-24T10:00:37.647-06:00Justice and Junk ScienceA common thread in many convictions is the use of discredited junk science. Here's an example from Colorado Springs: the tragic <a href="http://findarticles.com/p/articles/mi_qn4191/is_20061103/ai_n16848020/">case of Deborah Wadle</a>.<br /><br />After two trials—the first resulted in a hung jury—Wadle was convicted of child abuse resulting in death. That conviction was overturned because of juror misconduct.<br /><br />The evidence used to convict Wadle was a diagnosis of Shaken Baby Syndrome (SBS). SBS has joined comparative lead bullet analysis as discredited junk science. In the forthcoming Washington Law Review, <a href="http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1354659">Deborah Tuerkheimer writes</a>:<br /><br /><blockquote>Shaken Baby Syndrome (SBS) is, in essence, a medical diagnosis of murder, one based solely on the presence of a diagnostic triad: retinal bleeding, bleeding in the protective layer of the brain, and brain swelling.<br /><br />New scientific research has cast doubt on the forensic significance of this triad, thereby undermining the foundations of thousands of SBS convictions. Outside the United States, this scientific evolution has prompted systemic reevaluations of the prosecutorial paradigm. Most recently, after a seventeen-month investigation costing $8.3 million, a Canadian commission recommended that all SBS cases be reviewed.</blockquote><br />Turkheimer goes on to point out that despite new research, prosecutors in the United States continue to rely upon this discredited science, and US courts continue to affirm convictions gained through its use.<br /><br />For Deborah Wadle, the discrediting of SBS comes too late. After her conviction was vacated, the DA continued to pursue her. Rather than face yet another trial, she accepted an Alford plea to a reduced charge of criminally negligent homicide, but she continues to maintain her innocence.<br /><br />As Keith Findley, a clinical professor of law and co-director of the Wisconsin Innocence Project <a href="http://thecrimereport.org/2009/06/22/faulty-science/">has said</a>, “The system is sending people to prison based on findings of beyond a reasonable doubt when in many of the cases the only evidence is medical evidence on which many medical experts…have a substantial doubt. No critic of SBS theory wants anyone to get away with child abuse, but when the diagnosis becomes the entire basis for the prosecution, that’s problematic.”<br /><br />I know of no plans by our DA to review the cases in Colorado Springs where SBS was central to gaining convictions. Those problematic convictions, like the ones that have relied on comparative lead bullet analysis, remain hidden from view and beyond scrutiny.<br /><br />Seeking such scrutiny and the pursuit of Truth and Justice are goals of this week's Freedom Marches. Visit the national website supporting these events at <a href="http://freedommarchusa.org/">http://freedommarchusa.org</a>. The website for Colorado's event is at <a href="http://bearingfalsewitness.com/fm">http://bearingfalsewitness.com/fm</a>.William Newmillerhttp://www.blogger.com/profile/14507015237138662862noreply@blogger.com4tag:blogger.com,1999:blog-31864694.post-19104689856974918012009-06-18T21:42:00.003-06:002009-06-18T21:55:48.986-06:00No Right to DNA TestingThe U.S. Supreme Court <a href="http://www.npr.org/templates/story/story.php?storyId=105579925&ft=1&f=1001">announced its decision</a> today in the case of William Osborne, an Alaska man convicted of assault, kidnapping and sexual assault in 1993. All parties had agreed that DNA testing, which Osborne was willing to fund would unequivocally determine his guilt or innocence. The court ruled that Osborne had no constitutional right to have such testing done--even at his own expense. Whether the state of Alaska will eventually permit such testing is unknown at this time, but the state is under no obligation to permit it.<br /><br />According to the Innocence Project, the case will have limited impact because most states, unlike Alaska, have state statutes providing for such testing.<br /><br />The high court's ruling, however, raises a more fundamental question: why would such testing not be in the interest of justice? Don't we as citizens have an interest in assuring that perpetrators of crimes are caught? Doesn't Alaska's refusal to submit the DNA to testing cause us to question the state's commitment to truth-seeking? And what of the five justices on the Supreme Court who signed off on this opinion? What is their commitment to truth-seeking?<br /><br />If you think that the court's decision is flawed, here's your chance to raise your voice for change. Participate in the June 27 Freedom March. Details for the Colorado event are at <a href="http://bearingfalsewitness.com/fm">http://bearingfalsewitness.com/fm</a>. If you reside in another state, check out the national web site at <a href="http://freedommarchusa.org/">http://FreedomMarchUSA.org</a> for links to a location near you.William Newmillerhttp://www.blogger.com/profile/14507015237138662862noreply@blogger.com0tag:blogger.com,1999:blog-31864694.post-38526822378618126012009-06-18T07:40:00.004-06:002009-06-18T07:54:32.047-06:00Why March for the Wrongly Convicted on 27 JuneIn states across the nation, people will march to raise awareness for wrongful convicitons. Here are some thoughts from Joel, Todd's younger brother, as Joel reflects on the upcoming march and what it means to someone with a loved one wrongly incarcerated. Joel has visited Todd in prison well over 200 times. He speaks with Todd daily, and they write each other regularly.<br /><blockquote>A little over two years ago (March 26, 2007) the following passage appeared in a letter my brother sent to me from prison, “These words appear on the page of their own volition, with no apparent means of scribing, written, as they are, by a ghost. What else do we call a consciousness that continues on after it has been separated from the life that once contained it?”<br /><br />In a way, I have become a medium, communicating with a ghost, as it were, at regular intervals. Like many ghosts, my ghost is confined to a limited space - trapped in a purgatorial state, existing somewhere between this world and the next. I see my ghost twice a week, just outside a small ghost town near Pueblo, in a small grey room, in a dull grey building designated as a warehouse for uncouth spirits. Some of the ghosts there will get a chance at what all ghosts’ desire – a chance at resurrection. Others won’t.<br /><br />Once a family member becomes a ghost, the irreconcilability of their still vibrant soul restricted to a dreadfully limited existence forces the medium to become a voice for their spirit. You realize that your actions become theirs, and your ability to advocate for their needs is your ghost’s only means of haunting the world from which they have been forcibly detached. To that end, I’m excited about being able to take part in the freedom march next week. Anytime I feel like I’m able to support my brother helps me to feel a little better about the current position we find ourselves in. Thanks ahead of time for anyone who is able to march with us. We’ll be marching for a population that can’t, the ghosts that exist just outside our cities and rarely get the chance to have their voices heard from within the confinement of purgatory.<br /></blockquote><br />Remember to check out the details on the Freedom March nationally at <a href="http://freedommarchusa.org/" target="_blank" fbjs_instance="122">http://freedommarchusa.org/</a>and in Colorado at <a href="http://bearingfalsewitness.com/fm" target="_blank" fbjs_instance="123">http://bearingfalsewitness.com/fm</a>.William Newmillerhttp://www.blogger.com/profile/14507015237138662862noreply@blogger.com3tag:blogger.com,1999:blog-31864694.post-29583880489614364662009-06-14T21:02:00.003-06:002009-06-14T21:51:48.337-06:00Colorado Inmate awarded $1.35 MillionColorado's prison system gained national attention recently--unfavorable attention. The 11 June <em>New York Times</em> <a href="http://www.nytimes.com/2009/06/12/us/12brfs-INMATEAWARDE_BRF.html?_r=1&scp=2&sq=Colorado&st=cse">reported</a> a 1.35 million dollar award to a female inmate who'd been raped by a guard at the Denver Women's Correctional Facility .<br /><br />A 12 June report in the <em>Denver Post</em> provided <a href="http://www.denverpost.com/technology/ci_12574182">more information</a>. It notes that between 2005 and 2007, 62 cases of sexual misconduct by DOC personnel were substantiated and resulted in firings. Presiding Federal Judge David Ebel said that sexual abuse of inmates "remains distressingly common in Colorado prisons."<br /><br />The details are gruesome. Don't read what follows if you're subject to nightmares. The <em>Post</em> details what the guard, LeShawn Terrell, did to the inmate this way:<br /><blockquote><p>Court records say that on Mother's Day 2006, Terrell approached the inmate during her shift in the prison kitchen and told her that in exchange for sex, he would "take care of her." </p><p>After the first encounter, Terrell expected her to perform sex acts with him almost every shift, the documents say. In October 2006, the woman refused him. Terrell got angry, raped the prisoner and left her bleeding on the floor of the bakery cooler, court records show. </p><p>"For nearly two years following the rape, (she) suffered pain and bleeding when she defecated," Ebel wrote in his decision, handed down Wednesday. "She repeatedly attempted to get help. . . . Rather than doing an examination, the (DOC) medical staff told (her) to use stool softeners, Milk of Magnesia, or hemorrhoid cream." </p><p>The inmate had surgery for her injuries after she filed her lawsuit.</p></blockquote><br />What's truly amazing is that the Denver DA cut a deal with the guard, allowed him to plead guilty to a misdemeanor for which he received a 60-day sentence and 5 years probation.<br /><br />Judge Ebel had a few words for the Denver DA as well: "This court is appalled that despite CDOC's 'zero tolerance' and 'aggressive prosecution' policy — and despite the horrific violence of the Oct. 7, 2006, rape — the Denver District Attorney permitted Terrell to plead to a Class 1 misdemeanor offense that carried a 60-day term of imprisonment."<br /><br />Before I push the "publish" button on this post, I want readers to know that my personal contact with Colorado DOC personnel has been fairly extensive, and I've found them generally to be professional and decent as they go about their duties. And I hate to see them smeared by the actions of those who haven't upheld the standards expected.<br /><br />The way for DOC personnel to avoid such smearing is to enforce standards within their sphere of influence. That means watching for the red flags of abuse by co-workers, and informing supervisors when you suspect someone of abuse. As someone who's spent 38 years in the Air Force, I know how easily personal loyalties to co-workers can lead to tolerating lapses in the performance of co-workers. That's why cadets at the Air Force Academy, where I teach, must live by an honor code that prohibits toleration of those who are unwilling to uphold standards.<br /><br />In the case of the rape victim at DWCF, someone had to have seen the warning signs, someone had to have decided to look the other way, to not even perform a physical examination. There had to have been others who tolerated the abuse, and they should be ashamed.William Newmillerhttp://www.blogger.com/profile/14507015237138662862noreply@blogger.com0tag:blogger.com,1999:blog-31864694.post-86397325241096037252009-06-11T05:49:00.003-06:002009-06-11T16:59:54.672-06:00Factual Innocence, Jeffery Deskovic, Sonia Sotomayor, and Marching for FreedomMuch has been made of Supreme Court nominee Sonia Sotomayor's "wise Latina" comment. Unfortunately, wisdom doesn't come easily when judges narrow their field of vision to technicalities of law. DNA exoneree Jeffery Deskovic discovered as much when his case came up in Sotomayor's court nine years ago. The <em>New York Times</em> <a href="http://www.nytimes.com/2009/06/10/nyregion/10dna.html">reports</a> that Sotomayor denied a request from Deskovic's attorneys because they'd missed a filing deadline by four days. The attorneys said they were misinformed. Not Deskovic's fault. But thanks, in part, to Sotomayor's ruling, Deskovic's screams of innocence were silenced, and he spent an additional six years in prison for a crime we know without a doubt that he did not commit.<br /><br />For Deskovic, the nomination of Sotomayor has revived bitter memories of the sixteen years taken from him by an unjust verdict. “To hear that a judge who put procedure over innocence could be moving to a higher court is very upsetting to me,” he said.<br /><br />Deskovic may have more to say when he speaks at New York's Freedom March to raise awareness for wrongful convictions. The march is a coordinated national event will occur on Saturday morning, June 27, in cities across the nation. <a href="http://www.freedommarchusa.org/in_your_state/New%20York/NY%20page.htm">New York's event</a> will be on the steps of the City Hall in New York City.<br /><br />Colorado, too, will join a growing list of states with its own Freedom March on the 27th. Details for the Colorado event are available at <a href="http://bearingfalsewitness.com/fm">http://bearingfalsewitness.com/fm</a>.<br /><br />Other states participating include California, Texas, Arizona, Idaho, Oklahoma, Michigan, South Carolina, New Jersey, Florida, Arkansas, and Pennsylvania. And more are on the way.<br /><br />Be sure to visit <a href="http://freedommarchusa.org/">http://freedommarchusa.org/</a> to see if your state has an event, and then join with others to raise awareness for wrongful convictions.<br /><br />Your voice combined with others can bring some much-needed wisdom to a judicial review process that, as Jeffery Deskovic discovered, and as Sonia Sotomayor must know, too often engages in myopic examination of technicalities at the expense of justice.William Newmillerhttp://www.blogger.com/profile/14507015237138662862noreply@blogger.com2tag:blogger.com,1999:blog-31864694.post-42773205193321202392009-06-10T08:57:00.003-06:002009-06-10T09:36:52.805-06:00Myths and Facts about Wrongful Convictions and Claims of Innocence<p>Myths and Facts from <a href="http://picturetheinnocent.com/">http://picturetheinnocent.com/</a>: </p><ol><li>Myth: Wrongful convictions are rare.<br />Fact: Modern DNA testing has demonstrated that wrongful convictions are far more common than previously thought. Analysis of exoneration rates for murders and sexual assault cases in the United States where DNA material was available indicates that at least 3.3% of those convicted in such crimes are factually innocent. No one knows how much higher the percentage of wrongful convictions for lesser crimes may be. If the ratio of wrongful convictions is 3.3% across the entire spectrum of convictions, then over 79,000 people are imprisoned for crimes they did not commit. The number could be far higher, especially if one assumes that greater effort is expended to ensure accuracy in cases of murder and sexual assault.<br /></li><li>Myth: Inmates always say they're innocent.<br />Fact: Not true. Although inmates may claim mitigating circumstance, or that the punishment they've received is too harsh for the crime, the vast majority realize that false claims of innocence are unwise. After conviction judges are likely to impose harsher sentences on those who refuse to admit to the crime and show remorse. Refusal of inmates to admit to a crime can have adverse consequences during incarceration, to include being barred from various prison programs, receiving "good time," and the denial of parole.<br /></li><li>Myth: Safeguards against wrongful convictions will permit the guilty to go free.<br />Fact: Policies and procedures that reduce the chances of a wrongful conviction increase the probability that the actual perpetrator will be identified and prosecuted. Every time the wrong person is convicted of a crime, the guilty person goes free and continues to endanger our communities.<br /></li><li>Myth: If someone loses an appeal, they must be guilty.<br />Fact: The appellate process doesn't consider innocence. Appeals are a review of the trial procedures used to convict a person. Often those convicted at trial are subsequently denied forensic testing that could prove their innocence.<br /></li><li>Myth: DNA testing will solve the problem of wrongful convictions.Fact: Most crimes do not involve DNA evidence. Often, DNA evidence is lost, destroyed, or damaged. However, the causes of wrongful conviction--flawed eyewitness identification, forensic deficiencies, snitch testimony, bad lawyering, prosecutorial misconduct--are present in many such cases. Until policy changes address the causes of wrongful convictions, many more people will be wrongfully convicted.<br /></li><li>Myth: Exoneration is the path to riches.<br />Fact: Large settlements after exonerations are rare. Many states have no standard for setting compensation levels. Lengthy delays in receiving any compensation are the rule. Exonerees generally don't qualify for the kinds of transition help received by those who released after sentence completion. Instead, they are sent home with little more than a weak apology--even after spending decades in prison. </li></ol>William Newmillerhttp://www.blogger.com/profile/14507015237138662862noreply@blogger.com3tag:blogger.com,1999:blog-31864694.post-1027846173992073242009-06-07T18:44:00.006-06:002009-06-07T19:16:57.410-06:00Freely Working, LLC, Forging Opportunity for Formerly Incarcerated in Colorado SpringsA couple weeks ago at change.org, <a href="http://criminaljustice.change.org/blog/view/we_need_more_carrots">Matt Kelley reported comments made by U.S. Attorney Patrick Fitzgerald</a> to business leaders at a Chicago luncheon. Fitzgerald exhorted them to hire felons. According to Kelley, Fitzgerald maintains that "only by offering parolees with options for a post-prison life can we begin to ease the crush of our overcrowded cells and our overheated corrections budgets." Kelley's report went on,<br /><br /><blockquote>While there are felons who don't want to return to the gang life, Fitzgerald said, they're released back into a neighborhood lacking infrastructure and support. They see no other opportunities, he said. "When they got there, they tried to open the door, and it was locked," he said.</blockquote>It's a message big business needs to hear. And big business might take its cue from a new small company in Colorado Springs, <a href="http://freelyworking.com/">Freely Working</a>, LLC., that offers competitive rates for all types of cleanup and hauling. Here's how this new small business describes itself:<br /><blockquote><p>Our company is based on the belief that honest employment will provide the support needed to prevent recidivism. We are dedicated to the idea that we can and will reenter society as working and contributing members. Our customers' needs are of the utmost importance. Our entire team is committed to meeting those needs. As a result, a high percentage of our business is from repeat customers and referrals. </p><p>We are people who have been incarcerated. We offer safe, secure and premier service. We transport our workers to and from your site, guaranteeing that they will arrive on time, ready to work. We welcome the opportunity to earn your trust and deliver you the best service in the industry.</p></blockquote><br />The need for the services provided by this idealistic young company is skyrocketing as our economic downturn continues, as homes and commercial properties fall into default and suffer the seemingly inevitable decline that accompanies vacancy. Absent landlords and managers of foreclosed properties who retain the services of <a href="http://freelyworking.com/">Freely Working</a> preserve the value of their properties and the neighborhoods around them while unlocking the door of opportunity for those working to repair broken lives.William Newmillerhttp://www.blogger.com/profile/14507015237138662862noreply@blogger.com0tag:blogger.com,1999:blog-31864694.post-72171344017816694742009-06-03T20:07:00.002-06:002009-06-03T20:23:28.068-06:00Michael Vick: Crime and Punishment in the NFLFrank Deford considered Michael Vick's future in the NFL today on <a href="http://www.npr.org/templates/story/story.php?storyId=104831602">NPR's morning edition</a>. Although Vick is an extraordinarily talented professional athlete, he faces an uncertain future, much like others just released from prison.<br /><br />Follow the link to <a href="http://www.npr.org/templates/story/story.php?storyId=104831602">hear Deford's comments</a>. Here's a text of what he has to say:<br /><blockquote><p>When someone gets out of jail we always say he has "paid his debt to society." It's sort of an odd expression, isn't it? In jail you've simply been removed from society. It's when you get out that the bill comes due, when you're not supposed to engage again in whatever it was that got you into jail in the first place. If so, that's when society profits.</p><p>Well, it's a sure bet that now that Michael Vick is out of the slammer, he will never again get involved in dogfighting. The question is, instead, what will we allow him to do? Or specifically, will we allow him to play football again, the one thing he did<br />very well indeed? </p><p>Perhaps not a single team in the National Football League will want him. Vick would be the cynosure of hatred, for he is considered to be despicable. Heinous, wicked ... can you live with that, too? Inhumane, which may be the worst thing a human can be called. </p><p>But before any team may risk all the vitriol and agitation that bringing Vick to camp would produce, first the commissioner of the NFL, Roger Goodell, must end Vick's indefinite suspension — a decision that Goodell will make after July 20, when society's criminal sentence for Vick officially ends. The key, it seems, is for the commissioner to meet with Vick and decide if he is properly remorseful.</p><p>That strikes me as a perfectly pointless exercise, a show trial. Of course Vick will say that he's remorseful. And so what? He's already lied to Goodell's face. Why possibly believe him now? Make the decision, Mr. Commissioner, without going through the sham of a heart-to-heart, face-to-face Park Avenue photo op.</p><p>Many people say that even though Vick has been incarcerated, that he's bankrupt and disgraced, he also deserves further internal league punishment, because he has dishonored the "privilege" of playing in the NFL. Oh, please. Athletics is the prime<br />meritocracy. If you're good enough, if you play by the rules of the game, you earn a place in the game. It's nonsense to act as if Commissioner Goodell should be some pigskin St. Peter at the gridiron gates.</p><p>If anything, I think a better argument can be made that Michael Vick's very visibility is for the good. So let him play. Did you know, for example, that since he was indicted in 2007, twenty-three tougher state and federal laws dealing with dogfighting have either been enacted or strengthened? </p><p>Vick is a role model. I don't mean that facetiously. He is a role model for having it all and throwing it all away through stupidity, arrogance and sheer evil. If he gets to step on the field, he will remind us of how young athletes can so easily fall from grace. He will remind us of shame and hubris. He will remind us of cruelty to animals. He will be paying his debt to society by helping us remember what we should not<br />forget.<br /></p></blockquote><br />What may be lost in Deford's comments is that before Vick can repay his debt to society by becoming again a productive participant in it, the NFL as a community will have to set aside whatever residual anger or fear it has, and permit him to do so. Just as we need to permit others who complete their sentences to rejoin our own communities.William Newmillerhttp://www.blogger.com/profile/14507015237138662862noreply@blogger.com0tag:blogger.com,1999:blog-31864694.post-85512254870023610212009-06-02T21:36:00.002-06:002009-06-02T22:06:13.593-06:00200th Execution in Texas under Gov Rick PerryA short time ago, the State of Texas killed Terry Lee Hankins. The crime attributed to him was heinous and many will say his end was deserved. I know nothing of the details of his case, what, if any defense he presented. But I ponder tonight the number: 200. Two hundred people put to death under Rick Perry, killed by a system that too often, we know, gets it wrong. As Dallas DA Craig Watkins said last week on Larry King Live, "only the naive would think we haven't put an innocent man to death."<br /><br />And my thoughts go to Governor Rick Perry's children and grandchildren. What legacy will they carry? The author of <em>The Scarlet Letter</em>, Nathaniel Hawthorne, lived in Salem, Massachusetts, the descendant of William Hathorne, a stern magistrate who ordered the public whipping of Quakers who dared intrude on Puritan turf. William's son, John, was a judge who presided over the Salem witch trials, which resulted in the executions of 20 men and women.<br /><br />Nathaniel Hawthorne struggled his whole life to come to an understanding of his family's legacy. He changed the spelling of his surname, adding a 'w' to it. An act of self-assertion, or one of inherited shame?William Newmillerhttp://www.blogger.com/profile/14507015237138662862noreply@blogger.com0