18 July 2003




Death Penalty Cases:

(1) As we all know by now, the Muhammad trial has been moved to Virginia Beach. The Virginia Beach merchants can barely conceal their glee at the opportunity for business during what is normally off-season. However, not all the citizens are happy.

(2) Illinois is going to require the taping of all homicide interrogations when the suspect is in custody. That makes three States who have adopted this rule and it's shameful that more have not. You hear all sorts of excuses as to why they do not but in the end it boils down to one thing: it will make the police officers' job more difficult. And the people who are making these arguments should really think about what they are saying. Basically, they are saying that if you film interrogations police will have to obey the law and constitution and this will make their job more difficult. It's a hard position to justify.1

(3) The man who went on a shooting spree at the Appalachian School of Law has finally been found competent. While he still thinks the FBI is plotting against him (don't we all) he no longer believes that his attorneys work for the FBI (or at least won't admit it). I find this part of the story interesting:
Three other students, including one from Roanoke, were wounded before Odighizuwa ran out of ammunition and was tackled by students.
I've seen this called a fallacy more than once and been told that students went to their cars got their firearms and backed him down. Can anyone point me to an actual article clarifying this?

(4) Death for political expediency. Governor Warner's political maneuvering in order to avoid giving Swisher (and others like him) a new trial has worked. When he granted a three week stay of execution to let the lawyers try one more time to convince the Virginia Supreme Court to hear the case (wherein there is clear error but no objection) after the Court had already ruled against Swisher on the same matter previously, it was political gamesmanship/blame shifting of the worst sort. And he played with a man's life no less. I could have respected a decision not to intervene (dissaprove, but respect) and I could have respected an attempt to fix it but there's nothing here to laud.

(5) A rehash of the story about how the feds are forcing the death penalty on Puerto Rico despite the fact that it is against its constitution and that it is overwhelmingly abhorred.

(6) SW Virginia Law Blog points out a case wherein a man tried to have 3 people maimed while he is still in jail. His just dues? 10 years in federal prison and a lifetime in the care of the Commonwealth. How can you be in prison that long and not know (a) your mail is read and/or (b) other prisoners will rat you out the second they can get something for it?



1 I know some will say money is the issue but that is hard to believe if you go to any Sears and see the high-quality video cameras for sale, many for less than $500. Add a $50 tripod and tapes and you are good to go.

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