Wednesday, September 4, 2013

A Human Being in Ohio, Cruel and Unusual in Colorado, Chelsea Wants a Pardon, and More Shots Fired

As we await a decision on the Syrian adventure it seems like a good time to check in on a few old friends and see what they and their lawyers are up to.

Back in Ohio, Ariel Castro apparently took it upon himself to save the state considerable time,  manpower, and expense by hanging himself in his cell. Brother Castro was recently convicted of kidnapping three young Cleveland girls and forcibly holding them in a home for 11, 10, and 9 years respectively. During that time frame he fathered a child by one of the victims. While being sentenced he told the judge, "These people are trying to paint me as a monster. I'm not a monster, I'm sick."

While there was little doubt Mr. Castro was a dark twist not playing with the same deck as most of us, it didn't stop the judge from sentencing him to life plus 1,000 years. He had served about a month of his term before doing the mid air polka. Castro's attorney, Craig Weintraub has pledged to get to the bottom of his client's death, because in his words, "we're civilized." and, "this is a human being."

In Colorado, lawyers representing James Holmes have been as busy as beavers filing motions on behalf of their client. He is accused of shooting to death 12 theater patrons and wounding another 70 at a midnight screening of a Batman movie.

The defendant's counselors have entered a plea of not guilty by reason of insanity, but they know the odds are there isn't a jury anywhere, outside of say Ulan Bator, who will buy it. One of the motions filed challenges the Colorado death penalty. The logic is Colorado executes prisoners so rarely that such a sentence in this case would violate the U.S. Constitution's ban on cruel and unusual punishment. They point out the state has only executed one prisoner since 1967.

In addition they want the judge to not disallow any prospective juror who is opposed to the death penalty. The reasoning being juries who uniformly approve of the death penalty are partial to the prosecution, biased against the defense, and are more prone to convict. They also are asking that if their client is convicted, the jury must take a tour of Colorado's death row and execution chamber, prior to deciding the sentence. Finally they are requesting the judge ban all victims from testifying during the penalty phase, if it should occur, because their testimony would, "overwhelm jurors with emotion and keep them from relying only on the facts."

Yes, sometimes when your client is so incredibly guilty your options are few and far between. Straws must be grasped at while prayers and incense are offered up to whichever God you believe in. There isn't a person around who doesn't realize James Holmes is as crazy as a gerbil on bad acid. However, there also isn't a person out there who is willing to take a chance he could some day be declared, cured, and once again walk the streets of Denver as a free man.

Meanwhile reports are that U.S. Army PFC Chelsea, nee, Bradley Manning is hoping for a presidential pardon. She was convicted of releasing classified military and diplomatic documents to Wikileaks. Private Bradley is, after credit for time served, looking at about seven more years before she can get a shot at parole and the hormone treatments she says she is so desperate for.

And last, but not least, just to prove this still is America, Maryland police say Ryan Shallue went to his ex girl friend's apartment today. An argument ensued and Mr. Shallue, age 21 pulled a semi automatic hand gun, shot Renee Loetz and a friend, Charles Abbott, then turned the weapon on himself. Abbott and Shallue are dead and Ms. Loetz, described as an honor student in the school of nursing at Salisbury University, is in critical condition.

Slate and @GunDeaths now reports that at least 7,873 Americans have been killed since last December, although using CDC estimates the total is probably closer to 23,281.

No wonder Bashar al-Assad is shitting bricks right now. If we do this to ourselves just think of what we'll do to a bunch of Syrians.

Indeed.


9-4-13  

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