Will the Terminator Terminate Tookie?

Cyclone: Off of the DL

I am sufficiently recovered from my recent meeting with the pavement to hit the computer again. Hopefully, some of you haven't given up and abandoned this site. Thanks for hanging in there. Now, to the business at hand.

As many of you know, much of my investigative background comes from my 15 years of working in Death Penalty Defense. The Stanley "Tookie" Williams case, currently sitting in the lap of Arnold Schwarzenegger, affords me the opportunity to discuss an issue that I am just now ready to think about again. I got out of the Death Penalty business due to the personal toll it took on me over the years, physically, emotionally and every other way. Now, I am finally able to peel the scabs off of some old wounds and throw my two cents worth in on this case, and the Death Penalty in general.

First, some general observations about the Death Penalty in the United States of America, the only civiized nation that continues with this barbaric punishment. The Supreme Court determined in the 1972 Furman case that the use of the Death Penalty, as then practiced, was "cruel and unusual punishment." Every person in America who was under a Death Sentence at that time had their sentences converted to life in prison. The Supremes pointed out many flaws in the system, and subtly suggested ways to "improve" the procedure so that it could again become a reality. Then, in 1976 they re-visited the issue and decided that we could again begin the practice of murdering the "worst of the worst." The only problem was that no real changes were made to improve the old model, they simply accepted a couple of minor changes and decided that it was no longer "cruel and unusual." A typical Supreme approach to pacify conservatives, and nothing more.

Since 1976, we have executed 1001 men and women convicted of murder, unless someone was executed last night and I missed it. We passed the century mark just last week. I will begin by pointing out some common misconceptions or myths about the use of the Death Penalty, then comment on the "Tookie" case in specific. I could list a minimum of 100 "myths," but that would take too much space and too much time. I will instead only hit the highlights, the ones that you often hear of, and try to keep my comments short. If I did not restrain myself, I could easily turn this into an anti-death penalty site. I do not want to do this as there are plenty of such sites out there. And, I could not handle it emotionally, thus my move to other politics.

Myth: The Death Penalty is a Deterrent

This tired argument, like so many concerning this issue, is easily shot down by looking at something that Death Penalty proponents, especially elected prosecutors don't like to look at. FACTS.
If the Death Penalty was a deterrent, all of these "well planned killings," committed by these " highly intelligent evildoers" who are smart enough to plan ahead, would be committed in a State where the Death Penalty is not an option. Wisconsin, for example. The only person deterred is the person who is executed.

Myth: Ultimate Penalty Saved for the Worst of the Worst

The fact is, the Death Penalty as used in this country has little to do with the "worst of the worst." Many other factors carry a lot more weight than the crime itself. Keep in mind that I am using the word "shooter" when speaking of the accused. A few of these: Race of the victm vs. Race of the Shooter; Social status of the Victim; Social status of the Shooter; Prosecutorial Election year vs. Non-Election Year; Number of Victims; Whether or not the Victim was a police officer or prison guard; Financial status of the Shooter; Rotation of Judges (whether or not the prosecutor can manipulate who the judge will be); County or State Funds available for such a prosecution. As I said, these are just a few obvious factors. The reality is that you can commit the same crime as someone on Death Row, on a different day, and never have a Death Penalty request filed.

Myth: It Costs to Much to Feed and House Inmates

The fact is that it costs many times more (6x more in a 1996 done study in Florida) to execute someone than it would to take a 30 year old male and lock him up until he died of natural causes. The Prosecution, and unfortunately, Congressional response to that problem is to limit appeals. It just so happens that, without a lengthy appeals process, (that has already been considerably shortened) 14 innocent men, in Illinois alone, would be dead today rather than home with their families had the appelate process been further shortened.

Myth: The Death Penalty Brings Closure to the Victim's Families

Nothing, I repeat NOTHING, could be further from the truth. And the truth is not told to the families by the prosecution. Life without the possibility of Parole brings closure, while a Death Sentence forces the family members to re-live the crime over and over. It is not unusual, during the appelate process, for family members to be dragged into court every couple of years for up to 3 decades in order to see that another life is taken.

Myth: With DNA Testing Available, the System is Infallable

Aside from the reality that some DNA testing labs have proven to be less than reliable, the fact is that DNA is only present in about 9% of filed Death Penalty cases. At the rate that you see people released these days after being exonerated by DNA evidence, how many innocent people do you believe are on Death Row without the possibility of the DNA "savior" rescuing them?

Myth: The Public is Strongly in Favor of the Death Penalty

This is wholly dependent on the wording of questions used during the polling of the public. These are the facts. When asked if people believe that capital punishment is appropriate, some 65% will say yes. However, when you ask the same people if they prefer capital punishment over life without the possibility of parole, some 71% will choose life without parole. So, it is not supported when a safe and viable alternative is offered.

Tookie

The Terminator literally has the life of Tookie Williams in his hands. Having exhausted all avenues of appeal, Clemency from the Governor is his only chance of living past Tuesday, December 13, 2005. Ronald Reagan was the last California Governor to grant clemency to anyone, and I'm betting that he will still have been the last come next Wednesday.

An obvious sign that the Terminator will deny clemency is that the California Department of Corrections has begun a campaign to see that this execution goes ahead as scheduled. In a shameful display of partisanship, otherwise known as covering the ass of the Governor, the CDOC has placed a few things on its website. Things like the details of the crimes that he was convicted of, along with claims that Williams "continues to be a gang leader from his cell on Death Row in San Quentin Prison." And these are totally baseless claims. When asked about this, LAPD spokeswoman April Harding indicated that they had no evidence of illegal gang activity on Williams part. An exact quote, "None. His name doesn't come up." End of story, according to those whose job it is to know such things. For the CDOC to be openly advocating for the death of this man, the man who some DOC guards have come to know and respect over the last 26 years, a model prisoner they say, means only one thing. The Terminator authorized them to put it up, and he will use it against Mr. Williams. Regardless of the facts. In spite of the fact that Mr. Williams has published several children's books steering them away from gangs, in spite of the fact that Mr. Williams poses no threat to anyone anymore.

The Terminator should spare Tookie's life. The crimes that he was convicted of took place 26 years ago. I try to think back 26 years and remember what I was like then. I cannot. People change, ALL people change. One of the biggest problems with the Death Penalty is that so much time passes between the crime committed and the execution, you are no longer killing the person who committed the crime. You are killing someone else. To say that the Death Penalty serves any purpose other than to exact revenge from someone who has committed a crime is to be dishonest.

Tookie says that he is innocent. I have no idea whether that is true or not, but it doesn't really matter. I can tell you that in my state, there are 3 people sitting on death row that are factually innocent of the crimes that put them there. I know this because I spent years investigating these cases. I can tell you who really committed two of the crimes, and the police know it as well. As do the procecutors and judges. They simply don't care. You see, if you have a system in place that allows the Ted Bundy's and the John Wayne Gacy's of the world to be executed, it is inevitable that the same system will execute innocent people. There is no way around that. So I will leave you with a question, a question that must be answered. It must, because every execution that occurs in America places blood on all of our hands, all of us whom allow this barbarism to continue.

How many innocent people are we willing to kill so that we can kill the truly evil among us, the Bundy's and the Gacy's and the McVae's? My answer is none. What is yours?

Cyclone