Saturday, December 31, 2005

Justice in the United States Legal System...Oxymoronic?

The recent execution of Tookie Williams has once again opened the flood gates to a wide assortment of debate with regard to the United States Capital Punishment Legislature. The States have long been associated with this particular form of justice. Over time we have gone from stake-burning, to lynching to electrocution, gas or lethal injection. In spite of the obvious humanitarian concerns regarding the death penalty it has a wide range of support and most states are highly conservative with carrying out this sentence. Still, the debate; the moral question continues as states like Texas continue to abuse the right of the state to execute inmates.

As of April 1, 2005 there are 3,399 men and 53 women serving time on Death Row. Since 1976 there have been 976 executions. Since 1976 the State of Texas has executed 355 inmates making them the majority leader. California has a high number of inmates on death row, approx 648, but has only performed approx 13 executions since 1976. Virginia has executed 94, Oklahoma 79, Missouri 66 with the rest of the States falling behind these figures. New York seems to be one of the few heavily-populated states in which the death penalty is not active.


At the above site you will find current, constantly-updated information regarding a man named Cory Maye who shot and subsequently killed a police officer during a late night raid of his home. Maye was tried and convicted of the murder and given a death sentence in spite of the grossly overlooked details of his case.

The gentleman in question is a black man living in a bad neighborhood; paying rent, for half of the duplex in which he lived, to an accused drug dealer-the man whom authorities were looking for when they raided the building. He also faced a nearly all-white juryin the state of Mississippi. Ron Jones, the officer killed wasnt just any officer but the Chief of Polices son. Ironically, Mr. Jones, an officer with the police department whose anonymous informant led to the raid, was not a member of the unit and should not have been active in the raid. If proper protocol had been followed, Ron Jones would not have been at the scene and thus would not have been gunned down.

The questions regarding this case many; most states in the country have laws that protect a citizens right to defend themselves against intruders. The evidence in the case clearly gives enough reasonable doubt to believe that Maye's shot to protect his daughter and himself. Still, amazingly but not surprisingly the man still sits on death row. It seems that there is more than enough evidence to have supported nothing more than a manslaughter charge if anything.

I feel for the families, friends and fellow officers of the officer who was killed. I do. However, I don't think that the young man meant to take the life of a white cop. Why aren't cops more aggressive about introducing themselves like they are on television? Had these officers been screaming 'POLICE' like they do on TV would the officer still be alive? Would that child still have a father? Would our judicial system have one less man awaiting lethal injection?

This case is especially unnerving when you take into account the fact that the man had a perfectly clean record prior to this incident and aside from the butt of a joint, there were no drugs found on his premises; though the cops were raiding the place on suspicion of distribution. His daughter now lives without a father; possibly with the knowledge that he will rot on death row or die at the hands of a government that was supposed to be protecting them, because of a late-night, forced-entry raid that had little to do with him. He was simply in the wrong place at the wrong time.

Ironically, law enforcement officers on the other side of the barrel do not receive the same injustice and scrutiny. On September 13, 2000 in Modesto California, Local police officers and federal drug enforcement agencies raided the home of the Sepulveda family on a tip that Moises Sepulveda was involved in a methamphetamine ring.

The raid occurred a little after six a.m. as Mr. Sepulveda was getting ready for work. Officers busted through the door and ordered all three children and both parents to the ground. The raid turned to tragedy when 11 year old Albert Sepulveda was shot in the back of the head while lying prone on the ground as instructed by officers. A three month investigation ensued. During this time Officer David Hawn, a 21 year veteran of the police force and the man responsible for the death of the young man was put on leave pending an outcome.

At the conclusion of the investigation the shooting was found to be accidental discharge of a weapon and Officer Hawn was returned to duty, in spite of an investigation of the same man approximately a year prior; for another accidental shooting in which the Officer was also cleared of any wrong doing.

My first question is what was the Officers loaded, police issue weapon doing trained on an unarmed 11 year old child's head in the first place? My second question is why wasnt the officer charged with something CRIMINAL in this case? Murder is still murder, badge or not. A civilian can be charged with involuntary manslaughter for an accident and serve jail time but an officer gets a 3 month vacation for accidentally shooting a child in the back of the head?

Police Officers are supposed to protect the innocent and punish the guilty. In quite a few cases officers don't always act appropriately when raiding a residence. The body count of innocent people in the war on drugs is rising at an astronomical rate. This alone is sad but its made worse by the lack of reform in these departments, the lack of attention and legal action in these cases and the serious lack of regulations with regard to these activities. If an eye-for-an-eye is our country's stance on justice it should be so across the board. Whether you are rich or poor, white or black, Government or civilian; if you take a life, we will take yours. Otherwise, the only just thing to do would be to abolish Capital Punishment altogether.

For more information regarding these innocent civilian casualties:

INJUSTICE LINE

STOP THE DRUG WAR

CATO

~Originally appears in the New Years 2006 Edition of the Street Voice Newsletter.