December 14, 2005, 13:54
John StrideArnold and clemency
Once again the Governor of California faces an unusual individual seeking clemency. Should the fact that a person is geriatric, legally blind, and in a wheelchair make a more compelling case than Tookie's?
See
http://sfgate.com/cgi-bin/article.cgi?file=/c/a/2005/12/14/MNGNKG7Q0T1.DTLDecember 14, 2005, 14:59
JBOf course, he got old and blind from the 25+ years on death row. A few years ago, the SC was asked to declare the death penalty cruel and unusual when imposed after years of delay.
As the SC noted, the delay was largely the result of litigation by the killer, so why should he benefit? This case strikes me as the same sort of argument. Sort of along the lines of the guy who kills his parents and argues the State shouldn't execute an orphan.
December 14, 2005, 15:07
John StrideThat is exactly right. Why should someone be permitted to benefit from the consequences of the delay that they perpetuated? Estoppel should shut down the claim.
December 14, 2005, 15:18
A.P. MerillatRegarding the Issues in Prosecution on the homepage -- under Nineteen Convicted Killers Put to Death...
Here's the breakdown (normally a banjo term, but today, not): There have been 355 executions in Texas since reinstatement of the d.p.
Of those 355 executions, 180 of the recipients of the maximum punishment were white; 121 were African American; 52 were Hispanic and 2 were Oriental.
In 2005, Texas executed 11 whites, 5 African Americans and 3 Hispanics.
December 14, 2005, 15:37
JMH"....Allen's lawyers say his incarceration and treatment of his illness amount to cruel and unusual punishment."
Soooo... It's the being in jail that is cruel - Not the DP? Fine with me.
And don't you know that the next oldest person on the row is holding his breath hoping that that argument works? He would be the next one up to make that same argument and so on and so on.
December 14, 2005, 16:31
Gordon LeMaireYou gotta admit it takes a lot of chutzpah (I was going to use a male anatomical term, but stopped myself just in time.) to claim it is cruel and unusual to execute a blind paraplegic when the condition arose because of the delays in his appeals process. Kinda like blaming the assault victim for the busted knuckles.