Category Archives: Law

UPDATE I: Commute The Troy Davis Death Sentence

Crime, Criminal Injustice, Justice, Law, Psychology & Pop-Psychology, The Courts

If it hasn’t yet, the Georgia Board of Pardons and Paroles, reconsidering the death sentence of Troy Davis, ought to consult Dr. Elizabeth F. Loftus. According to Dr. Loftus’ seminal work, eye-witness testimony is terribly unreliable.

A man should not be put to death based solely on the testimony of eye-witnesses most of whom have since recanted.

Troy Anthony Davis (born October 9, 1968) was convicted of the August 19, 1989, murder of Savannah, Georgia police officer Mark MacPhail. MacPhail was working as a security guard at a restaurant when he intervened in an argument between several men in a nearby parking lot. He was shot in the heart and face without having drawn his gun. One of the men, Sylvester “Redd” Coles, went to police and implicated Davis in the killing, and Davis was arrested four days later. During Davis’ 1991 trial, many witnesses testified they had seen Davis shoot MacPhail. Two others testified that Davis had confessed the murder to them. The murder weapon was never found, and no physical evidence linked Davis to the crime. Throughout his trial and subsequent appeals, Davis has maintained his innocence. Davis was convicted and sentenced to death in August 1991.

(I discovered the work of this leading world authority on memory in the late 1990s, when I was writing and raging about the the recovered memory ruse. I also heard Dr. Loftus testify in court thereby securing a man’s liberty. As is obvious from the prominence of characters like Drs. Phil and Drew Pinsky, the profession of psychology is festooned with popularizers, poor thinkers and plain charlatans. Elizabeth F. Loftus has always stood apart.)

On the other hand, Joshua Komisarjevsky needs killing.

He and his accomplice, Steven Hayes (already waiting to die), were arrested at the scene of the crime—the Petit family home in Cheshire, Connecticut. He and Hayes had just killed all three—and raped two—of the women of the Petit family. They then proceeded to burn down the house.

UPDATE I (Sept. 20): “Breaking News vial Amnesty International: The Georgia Board of Pardons and Paroles denied clemency to Troy Davis on Tuesday. This means that very little is standing in the way of the state executing a potentially innocent man this Wednesday.” Amnesty International is “calling on the Board to reconsider its decision, and on the Chatham County (Savannah) District Attorney Larry Chisolm to do the right thing.”

More from Amnesty International:

Death penalty supporters like Bob Barr, former Texas Governor Mark White, and former FBI Director William Sessions also support clemency in this case, for the same reason. And at least three jurors from Davis’ trial have asked for his execution to be called off. Putting Troy Davis to death would be a grave injustice to those jurors who believe they sentenced Davis to death based on questionable information.

Although I want to see the Troy Davis death sentence commuted, I don’t like the way this cause celebre has the media omitting mention of the name of the victim. “A police officer from Savannah” is how this lot is referring to the late Mark Allen MacPhail. Google throws up not much about this heroic, off-duty officer. You have to dig:

The 27-year-old former Army Ranger was moonlighting on a security detail when he ran to help a homeless man, who had cried out because he was being pistol whipped. MacPhail was shot three times before he could draw his handgun.

Understandably, The victim’s widow, Joan MacPhail-Harris, has expressed the need for closure. She believes, however, that executing Davis will give her a sense of finality. Killing a man who may not have pulled the trigger is not the kind of closure a victim has the right to demand. A commutation of the death sentence would probably still mean life in jail for Davis. That should suffice.

Should the Fretboard Man Fret?

Business, Free Markets, Government, Individual Rights, Law, Music, Natural Law, Regulation, Technology

The house virtuoso does not own a Gibson guitar; he dislikes them with a passion. Being one hell of a neoclassical, instrumental guitarist, Sean Mercer has his reasons. (Listen to the YouTube posted below.) He does, however, own the following fine instruments, which are crafted with assorted hardwoods, some rare, and possibly illegal:

Carvin DC747 (Maple)
Carvin AC275 (Hawaiian Koa body & neck, Ebony bridge)
Carvin AC175 (maple, ebony)
Carvin LB76 (Curly maple)
Carvin IC6 (Walnut, maple)
Carvin NS1 classical (mahogany, ebony bridge & fretboard)
Warwick Streamer (Wenge, maple) – Germany
Warwick Double Buck (Wenge neck, Alder)
Yamaha Classical (Rosewood back & sides, Ebony, Spruce)
Jackson SL1 (maple)
Kramer Stagemaster (Maple, ebony fretboard)
Kramer Pacer (Rosewood fretboard, maple)
Dean 7 string (mahogany body, maple neck, ebony fretboard)
Brian Moore iGuitar (Rosewood fretboard, alder border)

For the possession/importation/smuggling of “rare ebony wood from India used to make some of the world’s most coveted guitars,” US federales have raided the Tennessee plants of Gibson Guitars.

The meek chief executive of Gibson Guitars, Henry Juszkiewicz, pleaded plaintively with the public: “We were not engaged in smuggling. ‘We have been importing fingerboard stock on a regular basis from India for 17 years.'”

He might have pointed to the fact that this is part of the feds’ ongoing criminalization of naturally licit behavior, and that, last he looked, ex post facto prosecutions were unconstitutional. In other words, when Gibson began importing these woods, the practice was legal. It is unconstitutional to criminalize actions that were legal when committed.

Business in the US is anything but Randian; it adopts an obsequious manner with the both the pitchfork-hoisting public and our DC Overlords.

Downsize the “Oink Sector”!

As promised, here is a piece from the CD “Electric Storm,” by instrumental guitarist Sean Mercer. Sean’s compositions were featured in Guitar Player Magazine. Wrote the great Mike Varney:

Sean’s demo showcases his skills as a producer, engineer, writer, performer, and keyboardist. His set of neo-classical instrumentals are [sic] reminiscent at times of works by Tony MacAlpine. Complex arrangements, tightly played ensemble lines, and a grand display of thematic solo work should make this tape of particular interest to neo-classical fusion fans. [Mike Varney, Guitar Player, October 1991]

What They Do In Dictatorships

Democracy, Environmentalism & Animal Rights, Ethics, Individual Rights, Journalism, Justice, Law, Media, Middle East, Private Property

The courts, stacked as they are with judges who work for the dictator, want to put a brave rebel behind bars for shooting a predator on his property. The rebel shot and killed a wild, extremely dangerous animal that thrives in the dictator’s country. All the tribesman did was to aggressively repel from human habitat a creature that had become brazen, making itself at home near the man’s children as they played. It used to be that these tribesmen instilled fear in encroaching creatures. But thanks to decades of cultural and legal emasculation under the dictator, the queered men folk are no longer licensed to protect home and hearth. If they do, they lose their liberty.

I bet you thought this was Anderson Cooper reporting from Libya, botching the job of journalism, as is his wont.

No, this is about an American, one among many (Jeremy M. Hill, 33), who pleaded not guilty in U.S. District Court to killing a grizzly bear with a rifle on his 20-acre property near Porthill, Idaho, at the Canadian border.

Jeremy Hill has six kids, ranging in age from 14 years old to 10 months old. At least five were home when the grizzly was killed, Mike Hill said. The bears had gone after some pigs in a pen that the kids had been raising, Mike Hill said.

I wonder how many Libyans have been arrested for shooting wild animals that threatened their families.

If given the choice, I’d choose the right to defend my life and property over the vote, any day.

UPDATE III: Merciless Revolution & Its Masterminds (‘Crimes Against Libya – Redux’)

America, Democracy, Foreign Policy, Founding Fathers, Journalism, Just War, Justice, Law, Media, Middle East, Neoconservatism

“The concept of a society is based on the quality of its mercy, of its sense of fair play, its sense of justice.” So Billy Hayes told his inhuman and inhumane Turkish jailers in “Midnight Express” (a film that surely represents Hollywood’s heyday).

Hayes’s (essentially Christian) protest against a merciless authority now, sadly, applies to the US (“NATO”) and its adopted surrogates around the world.

Once again the US is supervising, and/or lending imprimatur, to a French-Revolution like upheaval in a Muslim country.

(The blood-drenched, illiberal, irreligious French Revolution, of course, bore no philosophical resemblance to the American Revolution.) Repulsive (deeply silly) Western journalists are darting about cheering like groupies for the amorphous entity the same “tards” have termed “Rebels.” America helped kill-off the extended family of Libyan leader Muammar el-Qaddafi, who is on the lam, small children included. Now we’re whooping it up for those who want to do the same to Qaddafi.

Naturally, our enlightened “leaders” said not a word about the quality of justice former Egyptian leader Hosni Mubarak is receiving in another court that is masquerading as a court of law, but seeks to oblige the masses. This set-up (down to the caged defendant) also more closely resembles the French Revolutionary Tribunal, meting justice mercilessly by popular demand.

Under American auspices a stoic Saddam Hussein, noose about his neck, was hung (and heckled by a hooded Shiite executioner). Even more repugnant than that hasty hanging were the US-sponsored legal proceedings that preceded it. (All the obligatory denunciations of Hussein obtain here, naturally. Bad man. Bad man. Bad man.) That Tribunal, which was branded “made-in-America,” also had more in common with the French Revolutionary Assembly’s methods.

As Hayes said in that memorable scene, asking mercy from the merciless is “like asking a bear to sh-t in a toilet.”

UPDATE I: In answer to TL on Facebook: Would you feel you’d gotten due process sitting in a cage in court, being tried by the Muslim Brotherhood? Why the trials? Why not just begin your democracy with a pardon? I’m not the Christian; you guys are. What did i quote in the beginning of the post? If these new, Middle-East regimes are so magnificent, why not be munificent? Forgive and spend your money on building your society, not prosecuting crimes for which evidence in a court of law is impossible to muster.

UPDATE II: Compassionate Fascist: Yes, why haven’t anti-Semites like yourself (and others who bayed about the Jews having brought about an invasion of Iraq) pointed toward the Arab neoconservatives pushing lies about Libya in the media?

Fouad The Awful Ajami is not the only Arab agitating for ever more intervention.

UPDATE III (Sept. 5): “Crimes Against Libya – Redux.”