Please write or FAX the Georgia State Board of Pardons and Paroles to urge clemency for Troy Davis.

If you are in or near Atlanta, there is a rally this Thursday at the Georgia state house:

Justice Matters: Rally to Save Troy Davis
Thursday, September 11, 2008 , 6 – 8 p.m.
Georgia State Capitol (front steps on Washington St.)
Atlanta, GA troy@aiusa.org / 404-876-5661 ext. 13
(There will also be a Prayer Vigil on Friday, September 12, 8 a.m. – 8 p.m. More information here.)

Please come to support the rally if you can.

From Amensty International USA: Urge Clemency for Troy Davis

Troy Davis came within 24 hours of execution in July, 2007 before receiving a temporary stay of execution. But the Georgia Supreme Court denied Mr. Davis' motion for a new trial and now he faces execution on September 23. Troy Davis was sentenced to death for the murder of Police Officer Mark MacPhail in Georgia. The case against him consisted entirely of witness testimony which contained inconsistencies even during the trial. Since then, all but two of the state’s nine non-police witnesses from the trial have recanted or contradicted their testimony. Many of these witnesses have stated in sworn affidavits that they were pressured or coerced by police into testifying or signing statements against Troy Davis.

From Amnesty International USA: Troy Davis: Finality Over Fairness

On Monday, March 17, 2008, the Georgia Supreme Court decided 4-3 to deny a new trial for Troy Anthony Davis, despite significant concerns regarding his innocence. This stunning decision by the Georgia Supreme Court to let Mr. Davis' death sentence stand means that the state of Georgia might soon execute a man who may well be innocent.

Background

Restrictions on Federal appeals have prevented Troy Anthony Davis from having a hearing in federal court on the reliability of the witness testimony used against him, despite the fact that most of the witnesses have since recanted, many alleging they were pressured or coerced by police. Troy Davis remains on Georgia death row, and may be scheduled for execution in the near future.

Troy Davis was sentenced to death for the murder of Police Officer Mark Allen MacPhail at a Burger King in Savannah, Georgia; a murder he maintains he did not commit. There was no physical evidence against him and the weapon used in the crime was never found. The case against him consisted entirely of witness testimony which contained inconsistencies even at the time of the trial. Since then, all but two of the state’s non-police witnesses from the trial have recanted or contradicted their testimony.Many of these witnesses have stated in sworn affidavits that they were pressured or coerced by police into testifying or signing statements against Troy Davis.

One of the two witnesses who has not recanted his testimony is Sylvester Red Coles — the principle alternative suspect, according to the defense, against whom there is new evidence implicating him as the gunman. Nine individuals have signed affidavits implicating Sylvester Coles.

I have a couple of things to add.

First, I should say that, as a matter of fact, it does not matter to me — and it should not matter to you — one bit whether or not Troy Davis really is responsible for the killing he’s alleged to have committed, or, if he is responsible, whether or not the prosecution legitimate proved their case in the midst of what appears to have been a very dirty bit of business by the Gangsters in Blue. There seems to be good evidence for massive police misconduct, and for the likelihood of Davis’s innocence. This evidence is important, and let’s go ahead and scream about it as much as possible to the men and women sitting in the court and corrections system, if it will save Troy Davis from the gallows.

But, just between us, we need to remember that even if he were obviously guilty as hell, the State has no right to commit premeditated murder in order to make him pay for it. The penalty of death is the ultimate, definitive expression of the State’s cold and sadistic violence, exercised with no defensive purpose and against women and men who no longer pose any threat to any living soul, on the theory that in the end your body and your life belong to the State, and can be mutilated and destroyed by it, at its pleasure, for its own special purposes — whether to exact blood vengeance, or to send a message to unrelated third parties, cut into your body by the Harrow of the criminal justice system. It is nothing more and nothing less than State-sanctioned murder, and it ought to be abolished immediately, completely, and forever.

Second, you should also note, from this story, that in the view of the Georgia Supreme Court, final arbiter that it is, getting all the paperwork settled once and for all is apparently more important than whether or not an innocent man will be slaughtered on the basis of lying testimony extracted by intimidation and coercion at the hands of an overzealous police department, desperately seeking a black cop-killer to lynch. You may find this appalling; but it should not be surprising. This approach to The Law is essential to the very nature of the State and its legal system. Authority is held to take precedence over fact and evidence; imposed finality is held to take precedence over justice, even when it comes to punishments that are utterly irreversible, destroying forever any hope of appeal. Otherwise, anyone might just go around any old time and prove somebody’s innocence and spring them from the prisons or the gallows, a judge’s say-so notwithstanding; a journalist’s expose or an ad hoc committee’s discoveries and reasoned decisions might be just as good as that the Nine. Without sovereign authority to stand between the people and justice, doing justice would be nothing a mere human institution, open to anybody who can do some research and submit facts to a candid world. Why, it’d be Anarchy! So instead, paying due deference and having the right stamp on the right papers and uttering the right ritual incantations is held to be more important than somehing so paltry as a man’s life. That is the Majesty of the Law; that is its morality; that is its justice.

O.K. Now please write or FAX the Georgia State Board of Pardons and Paroles to urge clemency for Troy Davis.

See also:

• GT 2005-12-13: Murder in the first
• GT 2004-12-15: God damn it.

(Via La Chola 2008-03-17.)

Francisco Castaneda, a refugee from the civil war in El Salvador, died on February 16, 2008, from metastatic penile cancer.

He died because he went without getting a biopsy or receiving any medical treatment for about a year after obvious and excruciatingly painful symptoms began to show up. He went without the biopsy and the treatment because the United States government’s immigration Securitate had him locked in a cage at the time, and they repeatedly refused to let him get any treatment.

I came to the United States from El Salvador with my mother and siblings when I was ten years old to escape from the civil war. my family moved to Los Angeles where I went to school and began working at the age of 17. My mother died of cancer when I was pretty young, before she was able to get us all legal immigration status. After my mom died, I looked to my community for support, and found myself wrapped up in drugs instead, which, today, I deeply regret. I worked, doing construction, up until I went to prison on a drug charge, where I spent just four months before I was transferred into ICE detention.

When I entered ICE custody at the San Diego Correctional Facility in March 2006, I immediately told them I had a very painful lesion on my penis. After a day or two, Dr. Walker examined me and recognized that the lesion was a problem. He said he would request that I see a specialist right away.

But instead of sending me directly to a specialist, I was forced to wait, and wait, and wait, and wait. All the while, my pain got worse. It started to bleed even more and smell really bad. I also had discharge coming out of it. Aparrently the Division of Immigration Health Services was deciding whether to grant the request. Dr. Walker submitted the request more than once and, after more than a month, it was finally granted. When I saw an oncologist he told me it might be cancer and I needed a biopsy. He offered to admit me to a hospital immediately for the biopsy, but ICE refused to permit a biopsy and told the oncologist that they wanted to try a more cost-effective treatment.

I was then referred to a urologist, Dr. Masters, but I only got to see that urologist two-and-a-half months later, after I filed sick call requests and grievances with ICE. The urologist said I needed a circumcision to remove the lesion and sop the pain and bleeding, and also said I needed a biopsy to figure out if I had cancer. ICE and the Division of Immigration Health Services never did either of those things. They said that it was elective surgery.

My pain was getting worse by the day. When you are in detention, you can't help yourself. I knew I had a problem, but with everything you have to ask for help. I tried to get medical help everyday. Sometimes I would show the guards my underwear with blood in it to get them to take me to medical, but then they would say they couldn't do anything for me. All they gave me was Motrin and other pain pills. At one point, the doctor gave me special permission to have more clean underwear and bedsheets, because I was getting blood on everything. A guard from my unit once told me he would pray for me because he could see how much I was suffering.

Several more requests for a biopsy were denied. They told me in writing that I could get the surgery after I left the facility–when I was deported.

In late November 2006, I was transferred from San Diego to San Pedro Service Processing Center. When I got there I immediately filed sick call slips about my problem. after a few days I saw the doctors. I told them about my pain and showed them the blood in my boxer shorts and asked them to examine my penis. They didn't even look at it–one of them said I couldn't be helped because I needed elective surgery. They just gave me more pain pills.

In the middle of December, I noticed a lump in my groin. It hurt a lot and was a little bit smaller than a fist, so I filed a sick call slip about it. Another detainee told me it could be a hernia. I never got any treatment for it, and I later found out that was a tumor, because the cancer had already spread.

In the beginning of January, one of the guards told me I was going to Harbor-UCLA Medical Center. They put me in handcuffs and leg shackles and drove me in a van to the emergency room. When I got there the officer walked all around trying to find someone to see me, but he was told I would have to wait in line like everyone else. After about an hour of following him all chained up, he took me back to San Pedro and I didn't get to see anyone.

Back when I was in San Diego, another detainee gave me the phone number for the ACLU and said they might be able to help me. I called them, and spoke with Mr. Tom Jawetz, here, and told him my story about how much pain I was in. When I got to San Pedro he sent letters and called the people at the facility to try to help me get medical care. Finally, around the end of January, immigration agreed to let me get a biopsy. They made an appointment with the doctor, but just before the surgery they released me from custody. A doctor actually walked me out of San Pedro and told me I was released because of my serious medical condition and he encouraged me to get medical attention.

The first thing I did was call the doctor to see whether I could still get my biopsy. The secretary told me ICE had cancelled it. I then went back to the emergency room at Harbor-UCLA–the same place they had left me in the waiting room in shackles–and I waited to see a doctor and finally get my biopsy. A few days later, the doctor told me that I ahd cancer and would have to have surgery right away to remove my penis. He said if I didn't have the surgery I would be dead within one year. On February 14–Valentine's Day–nine days after ICE released me from custody, I had the surgery to remove my penis. Since then, I have been through five aggressive week-long rounds of chemotherapy. Doctors said my cancer spreads very fast–it had already spread to my lymph nodes and maybe my stomach.

I’m sure you can at least image some of how this feels. I am a 35-year-old man without a penis with my life on the line. I have a young daughter, Vanessa, who is only 14. She is here with me today because she wanted to support me–and because I wanted her to see her father do something for the greater good, so that she will have that memory of me. The thought that her pain–and mine–could have been avoided almost makes this too much to bear.

I had to be here today because I am not the only one who didn't get the medical care I needed. It was routine for detainees to have to wait weeks or months to get even basic care. Who knows how many tragic endings can be avoided if ICE will only remember that, regardless of why a person is in detention and regardless of where they will end up, they are still human and deserve basic, humane medical care.

In many ways, it's too late for me. Short of a miracle, the most I can hope for are some good days with Vanessa and justice. My doctors are working on the good days and, thankfully, my attorneys at Public Justice here in Washington, Mr. Conal Doyle in California, and the ACLU are working on the justice–not just for me, but for the many others who are suffering and will never get help unless ICE is forced to make major changes in the medical care provided to immigrant detainees.

I am here to ask each of you, members of Congress, to bring an end to the unnecessary suffering that I, and too many others, have been forced to endure in ICE detention.

— Francisco Castaneda (2007-10-04), testifying before the House Immigration Subcommittee Hearing on Detention and Removal: Immigration Detainee Medical Care

This man’s life could have been saved. He wanted to get medical treatment in March 2006. His doctor recommended a biopsy. If he were a free man, he could have gotten this treatment, but as a prisoner of the U.S. government’s Homeland Securitate, he was forced to stay where they wanted him to stay, go where they wanted him to go, and get what they wanted him to get. So he lived with excruciating pain for two years while the cancer grew, spread, and ate him away from the inside. It didn’t matter when he developed a painful lesion; it didn’t matter when he bled everywhere for months; it didn’t even matter when he developed a tumor the size of his fist. What matters to the ICE bordercrats, and their hired thugs, is that this man once possessed a stimulant that the U.S. government didn’t approve of him having, and, to their minds, that’s a good enough reason to grab him at gunpoint, lock him in a cage for months on end, and then exile him from the home he has lived in since he was 10 years old. Or, in this case, to just lock him in the cage and deliberately deny him medical treatment until the imprisonment turns into a slow-motion death sentence for a nonviolent petty drug charge. What, after all, is the life of Francisco Castaneda — who is, after all, only a man, a son, the father of a teenaged girl — compared with the duty to zealously protect the prohibitionist domestic policies of the U.S. federal government, the awful importance of rigorously preserving the sanctity of imaginary lines in the southwestern desert, and the honor of the politico-cultural system of international apartheid, which those lines are drawn to implement?

Federal judge Dean Pregerson just issued a ruling in which he denounced ICE’s actions, or inaction, as conduct that transcends negligence by miles. It bespeaks of conduct that, if true, should be taught to every law student as conduct for which the moniker cruel is inadequate. The primary practical effect of this ruling is that Francisco Casteneda’s family will be able to sue ICE in federal court for his death. They certainly deserve whatever compensation they can get for this horrible crime. But even if they succeed, it must be remembered that the sanctimonious, unaccountable thugs who effectively tortured a peaceful man to death — the immigration cops, the prison guards, and the comfortable bureaucrats, government lawyers, and politicians who direct them in their actions — will never pay a damned cent for what they did. What they will do, if a judgment is entered against them, is to help themselves to tax money in order to make the pay-out, sticking the rest of us–who never had anything to do with their asinine border laws, immigration prisons, or callous indifference to human life–with the bill. Then they will go on doing exactly the same vicious and inhuman things to peaceful people who never did anything to deserve such appalling treatment. And why wouldn’t they? As far as they can see, they have every reason to believe that none of them will ever be held personally accountable for their choices.

Further reading:

• GT 2008-02-19: Death by Homeland Security
• GT 2008-01-31: Bordercrats Against Joy and Plenty
• GT 2008-01-27: Someone must have slandered Thomas W….
• GT 2007-11-13: The Border Wall
• GT 2007-11-12: Sin Fronteras

Here’s the rules:

1. Pick a quote of one or more paragraphs from something you’ve read, in print, over the course of the past week. (It should be something you’ve actually read, and not something that you’ve read a page of just in order to be able to post your favorite quote.)

2. Avoid commentary above and beyond a couple sentences, more as context-setting or a sort of caption for the text than as a discussion.

3. Quoting a passage doesn’t entail endorsement of what’s said in it. You may agree or you may not. Whether you do isn’t really the point of the exercise anyway.

Here’s the quote. This is from the opening essay of My Sister, Guard Your Veil; My Brother, Guard Your Eyes, a collection of essays by Iranian writers, artists, and intellectuals. The essay is The Stuff Dreams are Made Of, by Azar Nafisi (known to you, perhaps, as the author of Reading Lolita in Tehran). Here she talks about women’s struggle in Iran, before, during, and after the Islamic Revolution, including some things that even well-meaning folks in the United States (let alone the bellowing blowhard brigade) tend to forget:

In the fall of 1979, I was teaching Huckleberry Finn and The Great Gatsby in spacious classrooms on the second floor of the University of Tehran, without actually realizing the extraordinary irony of our situation: in the yard below, Islamist and leftist students were shouting Death to America, and a few streets away, the U.S. embassy was under siege by a group of students claiming to follow the path of the imam. Their imam was Khomeini, and he had waged a war on behalf of Islam against the heathen West and its myriad internal agents. This was not purely a religious war. The fundamentalism he preached was based on the radicla Western ideologies of communism and fascism as much as it was on religion. Nor were his targets merely political; with the support of leftist radicals he led a bloody crusade against Western imperialism: women’s and minorities’ rights, cultural and individual freedoms. This time, I realized, I had lost my connection to that other home, the America I had learned about in Henry James, Richard Wright, William Faulkner, and Eudora Welty.

In Tehran, the first step the new regime took before implementing a new constitution was to repeal the Family Protection Law which, since 1967, had helped women work outside the home and provided them with substantial rights in their marriage. In its place, the traditional Islamic law, the Sharia, would apply. In one swoop the new rulers had set Iran back nearly a century. Under the new system, the age of marital consent for girls was altered from eighteen to nine. Polygamy was made legal as well as temporary marriages, in which one man could marry as many women as he desired by contract, renting them from five minutes to ninety-nine years. What they named adultery and prostitution became punishable by stoning.

Ayatollah Khomeini justified these actions by claiming that he was in fact restoring women’s dignity and rescuing them from the degrading and diabolical ideas that had been thrust upon them by Western imperialists and their agents, who had conspired for decades to destroy Iranian culture and traditions.

In formulating this claim, the Islamic regime not only robbed the Iranian people of their rights, it robbed them of their history. For the true story of modernization in Iran is no that of an outside force imposing alien ideas or–as some opponents of the Islamic regime contend–that of a benevolent shah bestowing rights upon his citizens. From the middle of the nineteenth century, Iran had begun a process of self-questioning and transformation that shook the foundations of both political and religious despotism. In this movement for change, many sectors of the population–intellectuals, minorities, clerics, ordinary people, and enlightened women–actively participated, leading to what is known as the 1906 Constitutional Revolution and the effective implementation of a new constitution based on the Belgian model. Women’s courageous struggles for their rights in Iran became the most obvious manifestation of this transformation. Morgan Shuster, an American who had lived in Iran, even stated in his 1912 book, The Strangling of Persia: The Persian women since 1907 had become almost at a bound the most progressive, not to say the most radical, in the world. That this statement upsets the ideas of centuries makes no difference. It is the fact.

By 1979, at the time of the revolution, women were active in all areas of life in Iran. The number of girls attending schools was on the rise. The number of female candidates for universities had increased sevenfold during the first half of the 1970s. Women were encouraged to participate in areas previously closed to them through a quota system that offered preferential treatment to eligible girls. Women were scholars, police officers, judges, pilots, and engineers–present in every field except the clergy. In 1978, 333 out of 1,660 candidates for local councils were women. Twenty-two were elected to the Parliament, two to the Senate. There was one female Cabinet minister, three sub-Cabinet undersecretaries (including the second-highest ranking officials in both the Ministry of Labor and the Ministry of Industries), one governor, one ambassador, and five mayors.

After the demise of the shah, many women, in denouncing the previous regime, did so demanding more rights, not less. They were advanced enough to seek a more democratic form of governance with rights to political participation. From the very start, when Islamists attempted to impose their laws against women, there were massive demonstrations, with hundreds of thousands of women pouring into the streets of Tehran protesting against the new laws. When Khomeini announced the imposition of the veil, there were protests in wihch women took to the streets with the slogans: Freedom is neither Eastern nor Western; it is global and Down with the reactionaries! Tyranny in any form is condemned! Soon the protests spread, leading to a memorable demonstration in front of the Ministry of Justice, in which an eight-point manifesto was issued. Among other things, the manifesto called for gender equality in all domains of public and private life as well as for the guarantee of fundamental freedoms for both men and women. It also demanded that the decision over women’s clothing, which is determined by custom and the exigencies of geographical location, be left to women.

Women were attacked by the Islamic vigilantes with knives and scissors, and acid was thrown in their faces. Yet they did not surrender, and it was the regime that retreated for a short while. Later, of course, it made the veil mandatory, first in workplaces, then in shops, and finally in the entire public sphere. In order to implement its new laws, the regime devised special vice squads, called the Blood of God, which patrolled the streets of Tehran and other cities on the lookout for any citizen guilty of moral offense. The guards could raid shopping malls, various public spaces, and even private homes in search of music or videos, alcoholic drinks, sexually mixed parties, and unveiled or improperly veiled women.

The mandatory veil was an attempt to force social uniformity through an assault on individual and religious freedoms, not an act of respect for traditions and culture. By imposing one interpretation of religion upon all its citizens, the Islamic regime deprived them of the freedom to worship their God in the manner they deemed appropriate. Many women who wore the veil, like my own grandmother, had done so because of their religious beliefs; many who had chosen not to wear the veil but considered themselves Muslims, like my mother, were now branded as infidels. The veil no longer represented religion but the state: not only were atheists, Christians, Jews, Baha’is, and people of other faiths deprived of their rights, so were the Muslims, who now viewed the veil more as a political symbol than a religious expression of faith. Other freedoms were gradually curtailed: the assault on freedom of htep ress was accompanied by censorship of books–including the works of some of the most popular classical and modern Iranian poets and writers–a ban on dancing, female singers, most genres of music, films, and other artistic forms, and systematic attacks against the intellectuals and academics who protested the new means of oppression.

In a Russian adaptation of Hamlet distributed in Iran, Ophelia was cut out from most of her scenes; in Sir Laurence Olivier’s Othello, Desdemona was censored from the greater part of the film and Othello’s suicide was also deleted because, the censors reasoned, suicide would depress and demoralize the masses. Apparently, the masses in Iran were quite a strange lot, since they might be far more demoralized by witnessing the death of an imaginary character onscreen than being themselves flogged and stoned to death …. Female students were reprimanded in schools for laughing out loud or running on school grounds, wearing colored shoelaces or friendship bracelets; in the cartoon Popeye, Olive Oyl was edited out of nearly every scene because the relationship between the two characters was illicit.

The result was that ordinary Iranian citizens, both men and women, inevitably began to feel the presence and intervention of the state in their most private daily affairs. The state did not merely punish criminals who threatened the lives and safety of the populace; it was there to control the people, to flog and jail them for wearing nail polish, Reebok shoes, or lipstick; it was there to watch over young girls and boys appearing in public. In short, what was attacked and confiscated were the individual and civil rights of the Iranian people.

–Azar Nafisi, The Stuff that Dreams are Made Of, in My Sister, Guard Your Veil; My Brother, Guard Your Eyes: Uncensored Iranian Voices (2006; ISBN 0807004634), pp. 2–6.

So that moderate cleric Grand Ayatollah Ali al-Sistani can exercise his God-given right to organize anti-gay death squads:

[Fourteen-year-old boy] Ahmed Khalil was shot at point-blank range after being accosted by men in police uniforms, according to his neighbours in the al-Dura area of Baghdad.

Campaign groups have warned of a surge in homophobic killings by state security services and religious militias following an anti-gay and anti-lesbian fatwa issued by Iraq’s most prominent Shia leader, Grand Ayatollah Ali al-Sistani.

… Neighbours in al-Dura district say Ahmed’s father was arrested and interrogated two days before his son’s murder by police who demanded to know about Ahmed’s sexual activities. It is believed Ahmed slept with men for money to support his poverty-stricken family, who have fled the area fearing further reprisals.

The killing of Ahmed is one of a series of alleged homophobic murders. There is mounting evidence that fundamentalists have infiltrated government security forces to commit homophobic murders while wearing police uniforms.

Human rights groups are particularly concerned that the Sadr and Badr militias, both Shia, have stepped up their attacks on the gay community after a string of religious rulings, since the US-led invasion, calling for the eradication of homosexuals.

Grand Ayatollah Sistani recently issued a fatwa on his website calling for the execution of gays in the worst, most severe way.

The powerful Badr militia acts as the military wing of the Supreme Council for Islamic Revolution in Iraq (SCIRI), which counts Ayatollah Sistani as its spiritual leader. Another fatwa from the late and much revered Ayatollah Abul Qassim Khoei allows followers to kill gays with a sword, or burn him alive, or tie his hands and feet and hurl him down from a high place.

Mr Hili said: According to our contacts in Baghdad, the Iraqi police have been heavily infiltrated by the Shia paramilitary Badr Corps.

Mr Hili, whose Abu Nawas group has close links with clandestine gay activists inside Iraq, said US coalition forces are unwilling to try and tackle the rising tide of homophobic attacks. They just don’t want to upset the Iraqi government by bringing up the taboo of homosexuality even though homophobic murders have intensified, he said.

A number of public homophobic murders by the Badr militia have terrified Iraq’s gay community.Last September, Hayder Faiek, a transsexual, was burnt to death by Badr militias in the main street of Baghdad’s al-Karada district. In January, suspected militants shot another gay man in the back of the head.

The US State Department has yet to document the surge in its annual human rights reports. Iraq’s neighbours, however, such as Iran, Saudi Arabia and the UAE, are often criticised for their persecution of gays.

Darla Jordan, from the US State Department said: The US government continues to work closely with our Iraqi partners to ensure the protection of human rights and the safety of all Iraqi citizens.

— Jerome Taylor, Independent (2006-05-05): Iraqi police killed 14-year-old boy for being homosexual

Please bear in mind, if you are in the United States, that your money has been taken from you by force, in order to make you pay for the arms and the training for this police force. Please also bear in mind, if you are in the United States, that the polite functionaries and well-dressed men and women who have collaborated with al-Sistani, who are now turning a blind eye to this and covering it over with some diplomatic words in the name of nation-building, are also pretending to do so in your name and with your authorization.

You need to understand that anger and facile sarcasm are the way that I make it through the newspapers these days without collapsing into tears.

Further reading:

• GT 2003-05-29: Rumsfeld: What an Awful Outcome
• GT 2002-08-24: With allies like these, who needs terrorists?
• pink-triangle.org

I appreciate them where I can find them. Here’s one from Washington, DC, announced this evening:

ALEXANDRIA, Va., May 3 — A federal jury rejected the death penalty for Zacarias Moussaoui on Wednesday, deciding instead that he should be sentenced to life in prison for his role in the Sept. 11, 2001, terrorist attacks.

The verdict seemed to surprise most people in the courtroom here, notably Justice Department prosecutors. They had relentlessly urged the jurors that Mr. Moussaoui, who pleaded guilty to conspiracy charges in April 2005, should be executed for his role in the deaths and destruction of the Sept. 11 attacks.

Jurors left the courthouse without speaking about their reasoning. But court officials read aloud details of what factors the jurors had voted to consider as they decided Mr. Moussaoui’s fate, including his troubled upbringing in a dysfunctional immigrant Moroccan family in France.

The decision means that the sole individual charged in a United States courtroom in connection with the worst attack on American soil will spend the rest of his life in solitary confinement in a federal prison in Colorado with no possibility of release.

… Under the federal death penalty law, Judge Brinkema is obliged to impose the sentence chosen by the jury, and she said she would formally sentence Mr. Moussaoui on Thursday morning.

— Neil A. Lewis, New York Times (2006-05-03): Moussaoui Given Life Term by Jury Over Link to 9/11

As I said in an earlier case, mutatis mutandis,

It is also good to see that justice for Rudolph will come untainted by wrath. The last thing we need is a martyr for the terrorist wing of the anti-abortion movement, and the last thing I need is to be stuck with defending the rights of yet another ghastly shell of a human being who is obviously guilty as hell to be free of the hangman’s noose. Thank Heaven for small mercies.

Of course, the usual pack of ruddy-faced chest-beaters will be screaming for blood. In fact, they’ve already started. There’s not much to say to those who revel in fantasized torture and slaughter. There is a lot more to say to those who have an argument rather than just a snarl, but most of it I’ve already said in GT 2004-12-15: God damn it and GT 2005-12-13: Murder in the first. The New York Times, though, does leave us with this attempt at a parting shot:

Rosemary Cain, who lost her son George, a New York firefighter, said she heard the verdict on her car radio. I had a kind of sinking feeling in my stomach, Ms. Cain said. I was absolutely hoping they would put him to death.

He is just an empty, empty person, she said. There are just some people who cannot be rehabilitated.

— Neil A. Lewis, New York Times (2006-05-03): Moussaoui Given Life Term by Jury Over Link to 9/11

This may very well be true–both in principle and in application. But saving the souls of the wicked is not a legitimate aim for a system of criminal justice in the first place. Neither is avenging the dead, or indulging victims’ loved ones in a sadistic quest for closure through inflicting pain and death. If it has a legitimate purpose, it is to restrain criminals from harming anyone else. The jurors did that today, with a sentence as stern as anyone has a right to demand, and I say good on them for it.