Absurdity Trumps Common Sense

In my March post, “The 13^th Juror,” I discussed how a judge addicted to pain pills was removed from the bench because of his criminal activities in obtaining the pills. A special judge was appointed to decide if defendants in a 2007 carjacking-torture-murder case should get new trials. After the three male defendants were convicted, two of them were given life sentences. The ring leader received a death sentence. At the time the original judge was removed from the case, the female defendant had been found guilty of facilitation but had not been sentenced. The original judge I called P. The special Judge, whom I called G, without holding hearings, granted all four defendants new trials.

I’ve been following the latest developments in the case through the Knoxville News Sentinel because my daughter could still be on the witness list.

In his decision, Judge G concluded that Judge P’s addiction and criminal activities deprived the defendants of “constitutionally sound trials”. He also decided that he could not act as the 13^th juror because of credibility issues with Judge P and the witnesses. The prosecutor appealed the decision to grant new trials to the three male defendants, but did not appeal the decision on the female because of Judge P’s erratic behavior during her trial.

The Tennessee Supreme Court concluded that Judge G was wrong in granting new trials and directed him to address the issue of whether the credibility of the witnesses was crucial in the state’s case. The Court stated that if Judge G concluded the witnesses’ credibility was key and could not evaluate their candor from the transcript alone, he must grant new trials. The Court further ruled that the defense must show proof of error before new trials may be granted. Despite the Supreme Court’s decision, Judge G again ordered new trials for the three male defendants without holding hearings.

The prosecutor filed a motion with Judge G requesting that he recuse himself. Judge G refused to recuse (On my, I’m channeling Johnny Cochran!). He even threaten the DA with contempt of court, and told the DA’s special counsel he should report himself to the state board that polices lawyers.

Failure to follow the Supreme Court’s directive is bad enough but what is most disturbing is Judge G’s off the record actions in an attempt to prevent public scrutiny. According to the Knoxville News Sentinel, he removed documents from the court records and ordered prosecutors not to refer to them in public. He corresponded with prosecutors through emails instead of issuing orders that would become part of the court record. He held meetings with lawyers in chambers instead of holding hearings. In his motion asking Judge G to recuse himself, the prosecutor cited emails in which the judge said little birdies were putting thoughts in his head.

Anyone should know, but especially a judge, that trying to keep judicial proceedings secret from the press in a high profile case is like trying to hide meat from a hungry pack of dogs. The press will smell something wrong in a New York minute (by the way, what is a New York minute?). Judge G allowed absurdity to trump common sense.

On Thursday, June 21, 2012, Judge G scheduled a hearing on the prosecution’s recusal motion for October 8, which will allow the DA to put his objections into the official record. Maybe, just maybe, common sense will begin to trump absurdity in this case.

The Blue Bird of Common Sense

Notes from the Penitentiary

     I’ve been offline for the last 8 days, because I was down at the state penitentiary. 

Believe it or not, a postcard from the Sioux Falls State Pen - circa 1910

     Three of those I was helping to facilitate a workshop as part of the Alternatives to Violence Project – for more information about that VERY worthy organization and concept, please see here http://www.avpusa.org/.  We had a good workshop.  Exhausting.  You can’t just stand up there and lecture at inmates, because that isn’t going to work.  Instead, you try to get 18 to 25 inmates fully interested, invested, participating for 8-12 hours a day for 3 days – and that keeps you hopping.

     The other five days I spent doing training for a higher security clearance at the pen and other state correctional facilities.  (The hope is some day to take AVP to the women’s prison in Pierre.)  Anyway, I learned all kinds of stuff at the training.  Not just the routine and the ritual and what’s expected of correctional officers. who were the main cohort of the training.  Believe me, volunteers are not the center of training, and why should they be?
     Actually, the answer to that is, at least up here in South Dakota, is because the prisoners cannot have any AA, NA, AVP, Al-Anon, etc. meetings, church functions (of any religion, from Native pow-wows to Buddhist meditation), or other non-state provided functions without a fully vetted volunteer present.  And, since South Dakota is currently as broke and in debt as any other state, and has cut everything to the bone, about all the prisoners get is GED classes, and a 12 week chemical dependency treatment.  Basically, without volunteers, the prisoners don’t get much of anything. But enough of that rant.
     Anyway, the training was mainly directed at newly hired correctional officers, and after five days of that…  well, I believe that institutionalization can happen on both sides of the cell door, and we’ll leave it at that.  They went over things like the daily routine, various security/safety priorities and procedures, talked about suicide awareness (and hopefully) prevention, about rape prevention (from what I hear, good luck with that one), the endless counts (standing, emergency, and other), what the various inmate shirt colors indicate, and all about con games, including the 14 steps of a set up which begin with observation and end with the sting.  Most of the 14 steps appeared to me to be fairly obvious, but… 
     Among the other tid-bits, and if all of you know all of this already, forgive me:

1. Never give your full name to an inmate. NOTE:  As a volunteer, my full name is printed out on my ID card along with my photo for all the world to see, so I had a good laugh about that.
2. Some of the gangs in our prisons are the Mexican Mafia, Sorreno, MS-13, the Bloods and the Crips – although up here these are Native American, not black. 
3. The question to ask a newly released inmate is are they “flat” (i.e., done their time) or “on paper” (i.e., on parole).
4. Prison burritos have nothing to do with tortillas.  They’re a mixture of Ramen soup, mayonnaise, chips, refried beans, jalapeno peppers, chili, and other ingredients, mixed up, packed up in wet towels, cooked over whatever heat source the inmates can manage to find.  It’s then cooked up in slices with an ID card or other sharp utensil and sold for $5.00 a slice.
5. Ramen soups are one of the main inmate currencies, and are worth $5.00 each.  (They get them at commissary at an obviously inflated price and inflate more.)  Why Ramen?  I have no idea.  I always thought the only reason students lived on them was they cost about 10 cents each.
6. Among the main things every inmate wants are chew (in a tobacco free environment, chew is VERY pricey) and a cell phone.  The prison has dogs that can sniff out both.
7. Another thing inmates want is drugs.  Now the inmates are given prescribed medications, but they have to take all their meds crushed, in suspension (water, whatever), in front of a nurse.  This doesn’t stop the entrepreneurial inmate from putting a wad of toilet paper in his cheek and sucking all the liquid there, and then later taking that soggy crap out of their mouth, drying it, and selling it to someone desperate for a high.  
8. One of the main drugs is welbutrin, because the state has a program that gives it away free to people who want to quit smoking.  The inmates can get it (for a while), and inmates get their families to get free welbutrin from the state, and smuggle it in to them.  (How?  Let me count the ways…  as one trainer put it, the first place to search is always the crotch.)  A welbutrin pill goes for serious Ramen inside, and is crushed and snorted for a quick high.  
9. Our South Dakota prisons are very, very clean.  I mean that.  They don’t smell of dirty socks.  They have inmates cleaning constantly.  There’s a whole group of them called bleachers who go around rubbing bleach on every surface, every handle, every bar.  
10. A “punk” is someone who’s been/being persuaded/forced to provide sex for…  protection, help, whatever.  
11. Our South Dakota prisons are crowded, but they’re not full yet.  I already knew this.  As I told a lawyer, years ago, who was telling me about his fresh-from-California client, who wanted a plea bargain for his big lump of cocaine, “Go back and tell him this is South Dakota, and we have room for him in the prison.” Still do. 

Anyway, I passed – we had an exam – which is good.  I have my clearance, which is better.  And I got to go home, which is best of all.  

Criminals and Protesters

What's all the big deal about the Occupy Wall Street protesters? What do they want? Do they expect the rich to give them part of their money? Take from the rich and give to the poor, really? Most of us are happy when someone makes a mint. We don't want their money. Especially the money they earned by working for it. Are they asking for a hand-out? After hearing some congressmen and other people who say they are in the 1% tell the protesters on national television to "get a job." I realize they have no clue. They have erroneously decided most of these protesters are homeless/hippie/college-age or teens who just want to protest.

Maybe so, and since I'm not out in the midst of these folks, I can't say for sure. I've read and heard that stealing food, leaving horrible unsanitary areas and sexual assaults have taken place in the tent cities, and that's just all wrong. But seeing the 84 year old woman who got pepper-sprayed in the face and the marine who got the skull fracture and the peaceful sitting protesters out in CA getting pepper sprayed in the face, by police who've been ordered to disband these peaceful demonstrations. I have a feeling there are a lot of people who feel that something is terribly wrong on Wall Street and in congress. I understand cities already in debt racking up even more debt to try and keep things peaceful. The police are given orders even though they don't always agree. Yet some policemen get totally out of hand. I saw and even personally know some college students who've been protesting, I have read about teachers, police officer, military personnel, people out of work for months, union workers, and even plain ordinary folks joining the protest. Tonight many artists and musicians are joining in with the LA protesters after the AMA awards.

Most of the protesters out there are trying to make Wall Street fund managers and politicians wake up and do what needs to be done to fix some grievous wrongs. However, I don't hold out much hope they will.

The fact that banking and financial institutions were bailed-out with taxpayer money, then the boards of those institutions gave themselves and most of their top management people huge bonuses. When called upon to explain, these corporate Greedy-Gus CEOs never explained. Not one of them has ever been sent to jail for malfeasance or mismanagement of funds or even called on the carpet. Not one of them ever paid back any bail-out monies that I know about or have heard.

Seems as if I recall a huge outcry when the bail-outs were given to the large auto companies but I've heard more than one of these companies has paid money back to the US Government. The banking and brokerage institutions who haven't paid any money back are criminals. To me that's the same as defaulting on a loan. These are same characters got our economy into this mess in the first place.

Okay, having said that, let me digress to why I write crime fiction. Throughout many years of living, I've seen, read and heard of many, many miscarriages of justice. In fact, a recent case happened here in Austin just last month. A man convicted of killing his wife twenty-five years ago was found to be totally innocent. He spent twenty-five years in prison knowing a killer was out there someplace, having gotten away with murder. The man was recently released but his life has been destroyed and his daughter's life destroyed because the man was falsely convicted of killing her mother. Imagine the sorrow his own mother and father went through. The only good part of the story is that last week they finally arrested the person who DNA shows is alledged to be the real killer. It's believed that he killed another woman two years after the first initial murder in the same manner.

In my stories and books the criminal is somehow caught and punished. He or she is put in jail or is killed The criminal get his "just desserts." Harsh justice? I think not. In real life there seldom is satisfaction when a crime is committed. Sometimes the criminal is caught and put on trial, but gets off by a technical error. or an inept prosecutor and inept jury. There is no justice. No satisfaction. Sometimes in one of my stories, I write the criminal gets a psychological punishment...having to live the rest of their life thinking of what they have done.

Real life is full of these huge miscarriages of justice. This echoes back to Dixon's blog the other day. Happy endings. People who read crime fiction want the bad guys/gals caught and punished. They want a criminal to suffer for their crimes. Writers of crime fiction usually write a happy ending. Maybe not every time but enough times to keep readers coming back. This is why I think crime fiction is so popular. If you keep track of the best sellers, the list generally has many books of mystery or crime fiction.

The Occupy Wall-Street protesters just want the criminals punished and these huge companies to STOP giving away money that was not really theirs to begin with, it came from the people. Why weren't those bonuses used to create news jobs? Why not restore a little faith in our society? Why allow criminals to get away with their crimes?

We writers of crime fiction must continue seeking truth and justice and let the bad guys be punished. If all else fails we may have to join the protesters.