Category Archives: Justice

#Tsarnaev Spared Being Buried Alive In A #Supermax Prison

Crime, Justice, Law, Terrorism

Boston Marathon bomber Dzhokhar Tsarnaev “was sentenced Friday to join his brother in hell,” as New York Daily News put it, “for that brutal attack with pressure-cooker bombs at the finish line.”

This is what life would have looked like had Tsarnaev been sentenced to life in the United States Penitentiary Administrative-Maximum Facility in Florence, Colorado, which a warden likens to “life after death.”

More like being buried alive.

A Supermax prison is reserved for the most dangerous offenders. Once inside this concrete catacomb, the inmate will never again see the sky again. He is placed in leg irons, a belly chain, handcuffs and will have 12 gun towers trained on him at all times. The inmate’s private tomb is 84 square feet of concrete where he will spend 23 hours a day.

Death is more merciful than to be buried alive in a Supermax prison.

UPDATED: Conservatives Freaking Out Over Possible Cop Culpability (Depraved-Heart Murder)

Crime, Criminal Injustice, Justice, Law

Radio mouth Mark Levin kept insisting noisily that Maryland’s rookie prosecutor, Marilyn Mosby, had presented no “new facts” in her case against the six police officers charged in Freddie Gray’s death.

While some charges seem excessive—you can, I am sure, prove depraved indifference, but how do you saddle the officers with an intent to kill?—I don’t understand why the facts have to be new in order to form a valid basis for prosecution.

The harshest charge—second-degree depraved-heart murder—was reserved for Caesar “Goodson Jr., the officer driving a transport van in which Gray was riding.” The other charges—“involuntary manslaughter, assault, failure to render aid and misconduct in office”—don’t seem excessive.

Here is the full list of charges in Freddie Gray’s death.

Mosby, Baltimore State attorney, provided the following facts, new and old (CNN transcript):

* No crime had been committed by Mr. Gray.
* Mr. Gray was then placed in a prone position with his arms handcuffed behind his back. It was at this time that Mr. Gray indicated that he could not breathe and requested an inhaler, to no avail.
* At no point was he secured by a seat belt while in the wagon, contrary to a BPD general order.
* Officer Miller, Officer Nero and Lieutenant Rice then loaded Mr. Gray back into the wagon, placing him on his stomach, head first on to the floor of the wagon. Once again, Mr. Gray was not secured by a seat belt in the wagon.
* Despite stopping for the purpose of checking on Mr. Gray’s condition, at no point did he seek nor did he render any medical assistance for Mr. Gray.
* Mr. Gray at that time requested help, and indicated that he could not breathe. Officer Porter asked Mr. Gray if he needed a medic, at which time Mr. Gray indicated, at least twice, that he was in need of a medic.
* Sargent Alicia White, Officer Porter and Officer Goodson observed Mr. Gray unresponsive on the floor of the wagon.
* Mr. Gray suffered a severe and critical neck injury as a result of being handcuffed, shackled by his feet and unrestrained inside of the BPD wagon.

In-between another stop or two was made to collect another offender.

I still think the injury to the spine occurred at the time of the arrest.

Meantime militarist Megyn Kelly is losing it. She’s been broadcasting desperate interviews, as meaningless and irrelevant as those she conducted with Bill Ayers, this time with a mystery cop she’s attempting to redeem. Other than to insist that Gray (who was obviously dying) was “acting normal,” the cop had no “new” information. And he lives under water. At least so the cop sounded.

UPDATE (5/2): The lawyers explain depraved-heart murder:

Tom Oster: “Depraved-heart murder arises from a theory of extreme recklessness, evidencing an indifference to human life. There doesn’t need to be an intent to cause death, merely a showing that the act that was done showed a ‘depraved’ or ‘extreme’ indifference to human life. Examples could be firing a gun randomly into a crowded street, or driving down a sidewalk.”

Figure that the distinctions between intent as recognized in criminal law (the Model Penal Code provides a good example) break down as Purpose (to cause the end result), Knowledge (that the result will occur), Recklessness (knowledge of a risk of the outcome, with depraved heart murder falling at the higher end of this threshold), Negligence (a reasonable person would know of a risk and exercise care to avoid it, involuntary manslaughter and “criminally-negligent homicide,” in jurisdictions which have this latter offense, generally fall into categories of greater or lesser negligence in homicide cases), and Strict Liability (no intent required, e.g., statutory rape is a strict liability crime usually with regards to the age of the victim).

Certain circumstances (read: collateral and predicate criminal offenses) can be inferred to demonstrate intent. Felony murder, for example, is a death arising from the commission of an inherently-dangerous felony (usually). Intent is inferred from the intent to commit the underlying felony (e.g., someone dies in the process of a kidnapping or robbery). Lesser criminal acts that cause death can demonstrate the intent required for involuntary manslaughter or criminally-negligent homicide (illegally barring the emergency exits of a building, resulting in people being killed in a fire, would likely result in an involuntary manslaughter charge, for example).

Incidentally, the feds, if they were to get involved (I don’t think they will unless the Maryland process sputters out), would have a potentially potent charge to lay. 18 USC 242, “Deprivation of rights under color of law,” applies when under color of law (read, a police officer or someone else acting as a government official or a putative government official), someone willfully subjects anyone to any deprivation of rights, privileges, or immunities under the Constitution or other laws (such as a false arrest, imposition of torture, etc.) If death results, it’s a capital crime (Maryland does not have a death penalty).

And this definition of Depraved-Heart Murder via Jerri Lynn Ward:

UPDATED: Gray Snapped His Own Spine. Yeah. Right.

Crime, Criminal Injustice, Justice, Race

Fox News’ Megyn Kelly, who when calm speaks in CAPS, was super-excited tonight. The cause for her excitement was a stupid report released by the Washington Post, according to which Freddie Gray appears to have broken his own neck and spinal column. Ridiculous.

The source of this nonsense was a “prisoner sharing a police transport van with Freddie Gray,” and who was “separated from Gray by a metal partition and could not see him.”

That settles it, then. Mr. Gray severed his own spinal column.

“We disagree with any implication that Freddie Gray severed his own spinal cord,” said Jason Downs, one of the attorneys for the Gray family. “We question the accuracy of the police reports we’ve seen thus far, including the police report that says Mr. Gray was arrested without force or incident.”

I believe it is as I had surmised: The oafs likely dug their knees into the spinal column and snapped it.

The video “shot by several bystanders …shows two officers on top of Gray, their knees in his back, and then dragging his seemingly limp body to the van as he cried out.”

UPDATE (4/30): NO RESOLUTION, YET.

“Baltimore police,” reports the Wall Street Journal, “… have concluded their investigation into the death of Freddie Gray and turned the results over to the city’s chief prosecutor.”

Police officials also revealed that the police van carrying Mr. Gray after his arrest made a previously undisclosed stop before he reached the Western District police station and was taken to a hospital. Deputy Police Commissioner Kevin Davis said a privately owned surveillance camera captured the stop. He offered no additional details, and it was unclear if that stop shed any new light on Mr. Gray’s injuries.

Based on an earlier police timeline, this stop occurred after one where Mr. Gray was placed in leg shackles because he was acting “irate” and before another where police moved Mr. Gray off the van floor and placed him in a seat. At a fourth stop, police picked up an additional prisoner before reaching the station.

Mr. Gray wasn’t buckled into his seat and wasn’t offered medical attention he requested, police have said.

MORE.

Freddie Gray’s Arrest Conjures Carol Anne Gotbaum’s

Crime, Criminal Injustice, Justice, The State

Freddie Gray, whose fatal injury in police custody led to his death, was clearly manhandled by the officers. Three to 4 oafs likely dug their knees into the spinal column of this slim man. Something bad happened to the vertebrae. The arresting oafs failed to immobilize Gray’s neck in the patrol wagon, even though he was already limp and listless. The affected vertebrae could have further snapped or moved by the van’s motion, resulting in the injury that killed Gray.

The reports on Gray’s injury conjure Carol Anne Gotbaum’s trauma. The petite 45-year-old who weighed 105 pounds was scrummed by meaty policemen in Phoenix’s Sky Harbor, tackled to the ground, and a knee jabbed into her skinny spine. She was then thrown in a holding cell, where she was shackled and chained to a bench. Minutes later Carol Anne Gotbaum was dead.

What a shame that nobody marched for Mrs. Gotbaum, too.