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Posts filed under Death Penalty

Free Cory Maye

Roderick’s recent post (2006-01-06) reminded me: Cory Maye needs our help, and we need to keep eyes on his case. About a month ago, I mentioned the case of Cory Maye in the course of my commentary on the premeditated murder of Tookie Williams by the state of California. Maye was sentenced to die by poisoning on January 23, 2004. Now, as far as the death penalty is concerned, I just don’t care whether Maye is innocent or guilty. Innocent or guilty, the state of Mississippi has no right to kill him when he poses no threat; that’s premeditated murder, with or without the black hood and the Crown on the heads of those responsible. (See GT 2004-12-15: God damn it and GT 2005-12-13: Murder in the first for further discussion in the context of different cases.)

But there are good reasons to think that Maye is innocent, and that the crime of murdering him would be doubly foul. Radley Balko has been talking this up since discovering the case in early December. There are lots of legalistic worries about the conduct of the police and the progress of the trial. It’s important to keep track of those for the purposes of defending Maye’s life, but it’s also important to remember that the pretext on which the narco-cops were storming Maye’s house in the first place — the so-called War on Drugs — is itself a massive, systematic, and senseless paramilitary assault on innocent people, for committing the crime of taking drugs without a permission slip — an act which is at worst foolish, perhaps a vice, but which can at worst hurt only themselves. The cops, in other words, had no damn right to storm Maye’s house, and the state of Mississippi couldn’t give them one even if they had complied with all the official paperwork (which it seems that they didn’t). Whether or not a judge wrote them a warrant that covered Maye’s home, they had no right to be there. Whether or not they knocked and identified themselves, they had no right to break into Maye’s house by force. And when an armed gang that has no right to be there invades your home without your permission and comes after you, you have a right to defend yourself, by force, if necessary. Balko’s right to say:

Maye’s case is an outrage. Prentiss, Mississippi clearly violated Maye’s civil rights the moment its cops needlessly and recklessly stormed his home in the middle of the night. The state of Mississippi is about to add a perverse twist to that violation by executing Maye for daring to defend himself.

— Radley Balko, The Agitator (2005-12-17): Cory Maye

But it’s important to note that that’s true even if the police and D.A.’s version of the story were (as it almost certainly is not) true from beginning to end. The War on Drugs is indeed a war — but it’s a war on people, not substances, and those people have done nothing to deserve being attacked by the paramilitary forces of the State. The warriors are trying to make Cory Maye its latest casualty. They must be stopped.

WikiPedia’s article on Cory Maye summarizes the details of the case. There’s a new website, MayeIsInnocent.com, that provides a clearing-house for information and news about the fight for Maye’s life. If you want to help, here are three things you can do:

  1. Write a couple letters: Read over the information on Maye’s case at The Agitator, at WikiPedia, and at MayeIsInnocent.com. Write a polite, well-considered letter to Governor Haley Barbour (for an example, see Silent Running (2005-12-10): An Open Letter) mentioning the legalistic details that I’ve mostly set aside here, and ask him to grant clemency or a pardon. Be sure to mention what you’re going to do next: take that letter, pare it down to 300 words or fewer, make it a bit less polite, and send it to your local newspapers. Be sure to include URIs for Balko’s coverage and/or MayeIsInnocent.com. The more heat that Barbour gets, and the more that it makes its way into the Op-Ed pages of newspapers across the country, the more pressure there will be to act. And the more that it appears in those Op-Ed pages, the more people will learn about the case.

  2. Post news or commentary on your website about the case. If you haven’t done so already, get on it. If you have, mention anything that’s new since your last post. Why? Because this is important, but it’s in danger of receding into bloggers’ archive sections and out of public sight. Keep the debate alive online and it will have a better chance of reaching more ears both online or offline. If you’ve written letters, you can post copies online for other people to see. If it’s nothing more than a Cory Maye is still in jail and the state of Mississippi still threatens to murder an innocent man, there’s nothing wrong with that, either. Because he is still in jail and the state of Mississippi is still threatening to murder an innocent man; the sword over his head hasn’t moved away just because your attention has. (If you’re the sort to post buttons or banners at the top of your page, Roderick (2006-01-08) and Laura Denyes (2006-01-04) have some suggestions. Don’t forget to link the image to MayeIsInnocent.com or a similar clearing-house.)

  3. Help Cory defend himself in court. If you have the money, you can help by contributing to [Cory Maye’s legal defense fund]. Even small contributions ($10, $20) can be immensely helpful in a case like this. Maye’s case is on appeal, but his current lawyer is a public defendant and needs financial help to be able to continue his investigative and advocacy work on Maye’s case. Contributions can be sent by mail to:

    Cory Maye Justice Fund
    c/o R.E. Evans
    P.O. Box 636
    Monticello, MS 39654

    See Balko’s post (2005-01-06 for the details.

Battlepanda (2005-12-13) suggests some more ways you can try to raise a ruckus about this. Let’s get on with it: an innocent man’s life is on the line.

Murder in the first

As you probably know by now, mercy was denied, and Stanley Tookie Williams was murdered by the state of California at 12:35 am this morning. In other news, none of his alleged victims came back to life and there are no reports of murders having been deterred in the state of California.

Here are some things I don’t care about today.

I don’t care whether Tookie repented, deep down in his heart, or whether he was trying to put on a good face in order to save his skin.

I don’t care whether Tookie’s trial was fair or not.

I don’t care about whether Tookie was innocent or guilty of the crimes for which he was slaughtered.

I don’t care about whether Tookie was innocent or guilty of a bunch of other crimes that he has or hasn’t copped to.

I don’t give a damn about what kind of message mercy would have sent. Or what kind of message slaughtering him did send.

And if I hear one more goddamned professional blowhard cheerfully pontificating about the calculated electoral pandering that informed Governor Schwarzenegger’s deliberations over a man’s life, as if there were nothing unexpected or wrong with snuffing out a human life in order to make sure that your political base stays behind you, I am going to scream. And cry.

Regardless of the fickle electoral preferences of California Republicans, the messages that the State’s Harrow might inscribe into a man’s body for the edification of unnamed others, his guilt or innocence, the adequacy of his trial, or the inner state of his soul, Tookie would have posed no more credible threat to anyone alive in San Quentin without the possibility of parole than he does now that he has been poisoned to death. I wouldn’t presume to know whether he, or anyone in this vale of tears, deserved to live or deserved to die. What could give me the right to say? More to the point, what ever gave the hangmen and politicians of the state of California the right to say?

I do know that if he did deserve to die, we would have no right to give him what he deserves. Blood vengeance is not ours to dispense. Would you have sanctioned the premeditated murder if one of the other inmates managed to break out and slit Tookie’s throat in the middle of the night, just ’cause he deserved to die? If so, why? If not, what makes the relevant moral difference between the criminal and the State’s hangman?

The death penalty is the definitive expression of what the power of the imperium means. It means that the State claims a special right to control you, to beat you, to tie you down, and to kill you, at its own pleasure and discretion, a claim that would be universally met with indignation and horror if it came from anyone else, if it weren’t covered with the robes and the crown. The death penalty — an act of State-sanctioned murder whether the victim is good or evil, innocent or guilty, redeemed or sinful — shows the State in all of its power and all of its glory, in the mirror that flatters not.

engraving: a ghastly skeleton, robed and crowned, holds a sceptre and a polished glass with the words, THE MIRROR THAT FLATTERS NOT

The State is Death. That is its power. That is its justice. That is its law.

At 12:35 a.m., it claimed Tookie Williams. It must be stopped before it claims even one more life.

Further reading:

Thank Heaven for small mercies

Anti-abortion terrorist Eric Robert Rudolph has agreed to plead guilty for four bombings: the bombing at the 1996 Atlanta Olympic Games, a lesbian nightclub near Atlanta, an abortion clinic in Atlanta, and the deadly 1998 bombing of the New Woman All Women clinic in Birmingham. Other than having to listen to an unwarranted swipe at anti-government extremists, and hear a few self-congratulatory fork-tongued words from Alberto Gonzalez, this is some very good news:

The deal that led Rudolph to give up will spare him his life, U.S. Justice Department officials said Friday in announcing they had reached an agreement with the man once held up as the ultimate anti-government extremist.

The fugitive who claims he lived on the land for five years as authorities searched in vain agreed to plead guilty and admit setting off a deadly bomb at the 1996 Atlanta Olympics and three other blasts. The deal will leave him with four consecutive life sentences.

The many victims of Eric Rudolph’s terrorist attacks … can rest assured that Rudolph will spend the rest of his life behind bars, U.S. Attorney General Alberto Gonzales said.

Hearings have been scheduled in Birmingham, Ala., and Atlanta on Wednesday, where Rudolph is scheduled to admit his guilt. He will have no possibility of parole.

— Asheville Citizen-Times 2005-04-09: Rudolph avoids death penalty with plea agreement in four bombings

This is justice–a justice that only a year ago many of us never thought we would see. Justice will not bring Robert Sanderson back, and it will not heal Emily Lyons’ wounds. Nothing will. But it is something to welcome, after all these years, and to be glad for, even if our gladness comes with terrible pain.

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.

hello birmingham
it’s buffalo
i heard you had some trouble
down there again
and i’m just calling to let to know
that somebody understands

i was once escorted
through the doors of a clinic
by a man in a bullet proof vest
and no bombs went off that day
so i am still here to say
birmingham
i’m wishing you all of my best
oh birmingham
i’m wishing you all of my best

— Ani DiFranco, Hello Birmingham

Dear Democrats, Part II

[Update 2005-04-08: completed a sentence I had left incomplete at the end of the first paragraph.]

Now that John Paul II has gone to his eternal rest, there’s been a lot of talk about his legacy and the direction of the Roman Catholic Church. There’s been some excellent, serious discussion going on within the Feminist Blogs cosmos over the conflicting strands of deeply compassionate witness and deeply misogynist reaction (e.g., Rox Populi 2005-04-02, Stone Court 2005-04-02 and Stone Court 2005-04-03, Pseudo-Adrienne 2005-04-04, etc.) and the Magisterium’s Consistent Ethic of Life, which for good and for ill John Paul II did more than anyone else to shape and witness through his long years as Pope. And while I think it’s absolutely vital not to forget just how bad some of his positions are for women and just how important that is, with his passing it may also be worthwhile to take a second to remind some folks on the Left about the full dimensions of those positions, and just how far both his conclusions, the reasons behind those conclusions, were from the standard-issue claptrap from the 700 Club crowd. And what that means if those on the Left are worried about the effects of the Catholic Church on our political culture.

Or, to put it another way: hey Democrats, quit wringing your hands and muttering mealy-mouthed excuses for trying to sacrifice women’s rights to control their own bodies in the name of political expediency. If you’re seriously interested in winning more of the committed Catholic vote, you don’t need to betray your commitment to abortion rights. First of all, because most Catholics aren’t against abortion or birth control. The Bishops are, but there are a lot more lay-people than Bishops in the Catholic Church. Of course, you might point out that the leanings of the Bishops still matter: they matter on turn-out, they matter to who feels confident in voicing their views within their community, and they matter because of the guiding role that the Bishops play in Church teaching. All of that’s true, but you don’t have to betray women to get the Bishops, either. Look, John Paul II’s conception of the Culture of Life, for all its deep problems, was still a lot different from the ghastly caricature drawn by the vultures and ghouls in the hard Right political class (most of whom aren’t even Catholic). You want to get the Bishops behind you, or at least get them a bit further from Republistan? Here’s what the Bishops are telling you they want:

The Roman Catholic bishops of the United States plan tomorrow to launch what they are calling a major campaign to end the use of the death penalty.

The bishops, according to an aide, have been emboldened by two recent Supreme Court decisions limiting executions, and by polling that they say shows a dramatic increase in opposition to capital punishment among Catholic Americans.

Their campaign, which is to be announced by Cardinal Theodore E. McCarrick at a news conference in Washington, is to include legislative action, legal advocacy, educational work, and a new website to be named www.ccedp.org, for the Catholic Campaign to End the Use of the Death Penalty.

We think that, with a lot of work, the time will come, not too far down the road, when the US no longer uses the death penalty, said John Carr, director of social development and world peace at the US Conference of Catholic Bishops. Because of what we believe, and the leadership we’ve gotten from the Holy See, we ought to be in the forefront of that effort.

Carr said the bishops have been stepping up their activity in opposition to the death penalty in recent years. He cited as examples the bishops’ decision to file amicus curiae briefs in two Supreme Court cases, one last year regarding the execution of juveniles and one in 2000 regarding the execution of the mentally ill. In each case, the court issued rulings limiting the use of the death penalty, and in the earlier case the court majority cited the bishops’ brief.

Traditionally the argument had been that society has the right to defend itself against people who were serious threats to the common good as a whole, but the argument has developed in recent years that there are very substantial ways to protect society that don’t involve taking a life of a person who is guilty of a crime, said the Rev. David Hollenbach, a professor of theology at Boston College. This pope has taken an increasingly vigorous position in opposition to the death penalty, and that opposition is now contained within the catechism.

— Boston Globe 2005-03-20: Campaign set against executions

Check it, Democrats. Quit trying to figure out about how you can be mealy-mouthed enough on abortion to find common ground with the Magisterium. The common ground is already there; it’s just on different issues; you ought to be looking Left, not Right. So quit wringing your hands, grow a spine, and stand up for real against the death penalty, the violent harassment of undocumented immigrants, and the God Damned war on Iraq. That’s at least three things that the Church hierarchy will reward you for politically, and that you damned well ought to be doing anyway if you take yourself seriously as members of the Left. It’s true that you can’t give the Ethic-of-Lifers all they want without sacrificing principles that you shouldn’t dare to sacrifice. But if that has driven them into the claws of the hard Right, it’s because you haven’t even tried to offer them anything they want. Of course, these stances will only alienate the evangelical hard Right even further. But Jesus, who cares? What are you trying to do, win votes from the Christian Coalition?

Look, folks, this isn’t rocket science. It’s not like the Catholic Church has been shy about its stance towards the Bushists’ love affair with bombs, guns, and lethal injection. If you want to show people how the Left can work with the Jesus vote too, then quit letting Randall Terry and Pat Robertson dictate to you what the Jesus vote means. The 1,000,000,000 Catholics in the world have at least as much weight in that decision as the most obnoxious wings of fringe Protestant fundamentalism.

We are talking about low-hanging fruit here. Stand up straight and pick it for once.

The Day After Tomorrow

First of all, John Kerry is a douchebag, but I’m voting for him anyway.

Yes, I know he’s a statist, and a lame-o weak-kneed liberal to boot. Yes, I know that he voted for the authorization of force against Iraq, and that he hasn’t announced any plans to do what any rational and sane person should realize it’s time to do–withdraw immediately and completely. Yes, I know that the process I’m going to be participating in tomorrow has no legitimate authority whatsoever no matter who I vote for–and that strategically, replacing one creepy-looking imperial Executive with another slightly less mad one is no means to long-term change. That sucks, but it doesn’t matter.

It doesn’t matter, because voting is a legitimate form of self-defense and I live in a swing state where a handful of votes may determine whether 17 electoral votes go towards throwing George W. Bush out of the White House or propping up four more years of the same.

Yes, most of the reasons I have for voting for Kerry are purely negative ones. He’s bad on the war, sure–but not nearly as bad as its big fat liar of an architect. Yeah, he’s an unreconstructed statist with a bad record on civil liberties–but not nearly as bad as George W. Bush, who has presided over the largest increase in State bureaucracy and spending since the Great Society, and who believes himself accountable to none save God alone. Sure, his campaign has treated feminists like crap, but, Jesus, it’s not like a second Bush administration is going to bode well for the success of feminist activism. And all of this is important. Given that Kerry is not even worse than Bush (and he’s not), one of the single most important reasons to take the time to get out and vote for Kerry tomorrow (if you’re in a swing state, as I am) is that after everything he’s done, George W. Bush must be thrown out of office. If he’s not punished after all of this, then that means one more blow to the fragile bulwarks remaining for justice and freedom in this country. We have precious few opportunities to pull back the reins on galloping Caesarism, and tomorrow is one of them; there’s no excuse, if you have the chance, not to pull as hard as you can.

And there are a couple of positive reasons to vote for Kerry. First, nearly all of his faults are faults that Bush shares or exceeds. But he is good on abortion; he won’t continue the present gang’s war for control over women’s bodies. Don’t think abortion’s very important? Well, you should; if you don’t think that the right of women–also known as “the majority of the population”–to control their own internal organs, or the use of systematic State violence against women to tread on that right, is a really big deal, well, you had better check your premises. And secondly, Kerry is bad on almost everything else–but a possibility for making things better exists under a Kerry administration that will continue to be vanishingly small in an entrenched, contemptuously secretive, smugly self-satisfied second Bush adminisration.

All that said, we need to remember, as it comes down to the wire, that tomorrow is not the Battle of Armageddon. The world will go on whoever wins, and we will need to figure out what we are going to do–because we are going to face some pretty hefty challenges whether Kerry or Bush is partying at the end of the night (or whether both of them are biting their nails waiting on further legal developments).

So I know what I’m going to be doing tomorrow–voting and then volunteering to go door to door for a few hours before I turn in. And I figure you know what you are going to be doing, too. But here’s the question: what are we going to be doing the day after tomorrow? Come November 3, what can we do that will move things forward whether it’s Bush or Kerry we’re going to have to be dealing with?

For my part, I don’t know entirely, and I’m interested in hearing what y’all think. (Comment away!) But I do know one thing for sure.

I sure am tired of following these assholes.

I’m tired of the two-party duopoly, and I’m tired of incumbents. pinning my hopes on blockheads like Kerry and I’m tired of listening to know-it-all professional blowhards speculate about the color of Kerry’s socks and its impact on undecided Soccer Moms. I know that we are going to need to keep organizing and take the fight to them no matter who wins, but I can’t take federal representative politics much longer and I can’t say that the prospects for meaningful, long-term change through picking between these guys look tremendously bright.

Yeah, Deaniac grassroots politics would help. Sure, we could use instant runoff voting and term limits and lowered ballot access requirements. Fine, I’ll put in my two cents’ worth in favor of building independent parties. I don’t dispute that that would help things a bit. But the more that I think about it the more I think that we (address this to my Libertarian comrades or my Leftist comrades or my Anarchist comrades, whichever you prefer) ought to re-think how we are trying to get things done when we’re working undercover in The System. Because I, for one, am about at the end of my rope.

I’m sure that Kennedy and the rest of the No Treason! crew will take this as as good an opportunity as any to argue that building movements is a dead-end game. I don’t buy that, yet, for a lot of reasons–I suspect that a rigid distinction between volunteer politics and businesses involves some confusions about the nature of the market in a free society, and I have a lot more faith in ordinary people and the historical record of people’s movements. For the time being, at least, I’m more than willing to sign on for political organizing, activism, and evangelism–even working in the belly of the beast, if need be, to help give people some space to breathe and a chance to defend themselves. But not the way we’ve been doing it.

When I go to the polls tomorrow, I won’t just have the chance to pick some idiot or another for federal races. I’ll also have the chance to vote directly on whether or not a number of proposals will be made law. I can do this because Michigan has voter initiatives; and when I vote on an initiative I don’t have to worry about spoilers, parties, trade-offs between candidates, or anything of the sort. It’s a simple up or down and I can make my choices on each issue on the ballot independently–rather than trying to figure out which dude will line up with more of my choices on the whole than the other (and whether that dude can get elected or whether I should vote for someone who’s a bit worse but in a position to win, and…).

Nearly half of the states in this country empower you and I to gather signatures and put laws straight on the ballot without having to lobby legislators or roll logs or hope the least-worst major candidate might consider making a speech about it sometime. Most of us who have been paying attention to voter initiatives have been spending our time fighting them–with good reason, when the initiatives being put out are idiotic stuff such as Amendment 2 in Michigan or Measure 36 in Oregon. But why are we letting these assholes make all the first strikes? We’ve been building a vast network of interlinked volunteers with a do-it-yourself political ethic, from the upsurge of the antiwar movement to United for Peace and Justice to MoveOn and the Dean campaign. So come November 3, how about we start putting those resources to work in the 20-odd states with voter initiatives? (And while we’re at it, bringing them to bear on the state legislature in states that don’t yet have voter initiatives.)

My suggestion would be to focus on campaigns that clearly put the case to the people that the government needs to get its hands out of the till and take its boots from off our necks. Medical marijuana ballot initiatives are a good start–they’ve been extremely popular where introduced and when they win (which they often do) that means one more state in which the federal drug goons have to either get mired down in extremely unpopular campaigns or else just give up. That should be expanded to an effort to roll back the racist War on Drugs more broadly. And here are some other ideas to ponder:

  • Initiatives to curtail corporate welfare–say, for example, abolishing corporate hand-out programs or restricting the power of state and local governments to use eminent domain for corporate development.

  • Death penalty moratorium bills

  • Ending taxes that disproportionately burden people living in poverty–for example, rolling back sales tax on food and other necessities.

  • Resisting the federal warfare State–by passing bills requiring the state government to refuse to comply with the PATRIOT Act, any future draft, or whatever other national security assault on our rights you’d like to single out.

  • Some resources for making it easier when we do have to deal with the party hacks–term limits, recall statutes, lowered ballot access restrictions, instant runoff voting, ….

All of these are simple, practical, incremental changes that would do some good, allow for coalition-building between Leftists, libertarians, and (sometimes, I suppose) small-government conservatives too. We have the resources to mount big door-to-door campaigns, with volunteers and with money raised from supporters; we have the resources to do some real good over the next four years whoever is in office. Better yet, we could start actually talking with each other like rational human beings about issues and whether or not some particular law should be made, instead of dickering over who looks more Presidential and whether Hordak or Smiley Face came off as more of a mindless hack in the latest tete-a-tete.

So, in that spirit, I’m resolving to pitch myself into grassroots politics come November 3. Real grassroots politics–not browbeating the grassroots into supporting some least-worst candidate’s politics, but rather writing letters to the editor, working more with local political organizations. And I’m going to start looking for, and talking about, and acting on, getting some voter initiatives that will make a real move forward on the ballot. I’m tired of following the idiots in the suits; it’s time to take the resources that we’ve got and take our case to the people.

Further reading

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