Author: Claim Your Innocence

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ILLINOIS -Man convicted in 1970 slaying to ask for release – Calvin Madison


february 3, 2014 (http://thesouthern.com)

ROCKFORD, Ill. (AP) — A man originally sentenced to death who has spent 44 years behind bars in the slaying of a Rockford gas station attendant is scheduled to make his 33rd plea for freedom.

Calvin Madison, 66, appears to have a chance to win his release from Graham Correction Center after last year when five members of the Illinois Prisoner Review Board — three short of the number needed to be granted parole — voted last year to release him. His co-defendant in the case, Thomas Ray Charles, was released from prison in 1986 after he was sentenced to 25 to 50 years in prison.

Madison is scheduled to appear before a member of the Illinois Review Board on March 4, and the entire board is expected to decide on May 1 whether or not Madison should be released.

The Rockford Register Star (http://bit.ly/1n5Wih6 ) reported Sunday that Madison’s family has started to encourage people to write letters in favor of Madison’s release and the family of the victim, 19-year-old John Hogan, is arguing against his release.

The slaying took place on Jan, 22, 1970, at the Gas-For-Less service station in Rockford. According to the newspaper, when Madison and Charles ordered him to hand over money, Hogan did as he was told and gave them about $100 in cash.

Then, Madison forced Hogan into a restroom, ordered him to his knees and shot him four times in the back of the head with a pistol.

“It was premeditated murder — there’s no other way of looking at it,” said Hogan’s brother, Terry.

Madison, who was sentenced to death in 1970, was resentenced in 1972 to 75-100 years in prison after the U.S. Supreme Court suspended the death penalty in the United States in 1972. The court ultimately reinstated the death penalty a few years later.

Florida Supreme Court hears argument of Longwood killer who asked for death penalty – William Roger Davis III


february 3. 2014 (orlandosentinel)

From the witness stand, the man who kidnapped, raped and strangled a Longwood used car lot receptionist asked jurors to give him the death penalty, and they did.

Today a government lawyer who defends death row inmates asked the Florida Supreme Court to go against his wishes and throw out his death sentence.

William Roger Davis III, 35, killed Fabiana Malave, Oct. 29, 2009. According to evidence at his trial, he abducted her at knifepoint from Super Sport Auto, the small car lot on U.S. Highway 17-92 in Longwood where she worked, drove her to the Orlando house where he lived, raped her then ordered her to get dressed and to get back on his bed, where he strangled her.

He then loaded her body into his SUV and drove around for hours before parking a few dozen feet from where he had abducted her, where Seminole County deputies spotted his vehicle then arrested him. Today, Davis was not on trial before the Florida Supreme Court. The judge who gave him the death penalty, Circuit Judge John Galluzzo of Sanford, was.

Nancy J. Ryan, a Daytona Beach assistant public defender, argued that Galluzzo made three technical errors in imposing the death sentence, reason enough to send the case back to Seminole County for a new hearing.

One of the biggest was that he didn’t give enough weight to Davis’ mental state at the time of the homicide, she said.

Davis and four mental health experts testified that he suffers from bipolar disorder and that he had been off his medication for a year and a half when he killed Malave.

His testimony about why he killed Malave was chilling.

“I don’t really have an answer for that,” he told a Seminole County Sheriff’s detective a few hours after the homicide. He went on to add that killing someone felt “pretty interesting. … squeeze the life out of somebody. … I feel liberated.”

And when asked if he’d do it again, his answer, “Oh, yeah.”

Galluzzo gave great weight to Davis’ testimony that if given the opportunity, he’d again go off his medication and would likely do violence to someone else, Ryan pointed out.

He focused too much on that and not enough on the fact that Davis suffered from an extreme emotional disturbance at the time, Ryan argued.

But Assistant Attorney General Stacey Kircher today told justices that Davis was not in an extreme emotional state.

“He does not appear to suffer from hallucinations,” she said. “He was very calm, reflective.”

After killing Malave, he put her body in his SUV and drove to a restaurant, to a music store to play with instruments, to a park to smoke, Kircher argued.

What he was doing, she said, was killing time until it got dark, when he planned to put Malave’s body back in her car at the car lot.

Justices made no decision today but asked questions of both attorneys.

Justice Barbara Pariente suggested that even if Galluzzo did not give enough weight to Davis’ mental state, there were many other valid legal reasons, carefully spelled out in the judge’s sentencing order, why the death penalty was the right sentence.

A Seminole County jury voted 7-5 to recommend death two years ago. The same jury had earlier rejected Davis’ argument that he was innocent because he was insane.

FLORIDA – Death Row inmate demands Irish government help on appeal – Michael Fitzpatrick


February 2, 2014

Reprieve, a UK-based legal charity, has censured the Irish government for failing to provide adequate support to Michael Fitzpatrick, an Irish citizen who spent over a decade on death row in Florida and is now up for a retrial. The Irish government has denied the allegation.

Fitzpatrick, who was born in the US, was granted dual Irish citizenship in September 2013. He was eligible to apply through one of his grandmothers, who was born in Tipperary and immigrated to America.

According to a statement released by Reprieve, which aids in cases around the world where it feels human rights are most at risk, the Irish government refused to send a representative to a key hearing in Fitzpatrick’s case on January 10.

“It is standard practice for government officials to provide extensive consular assistance to nationals imprisoned abroad, including attending hearings and trials to ensure that minimum standards are upheld,” the release said.

Capital punishment was abolished in Ireland in 1964.

Fitzpatrick, 51, was convicted in 2001 for the 1996 rape and first-degree murder of Laura Romines, 28, who was found in the early hours of August 18 wandering a rural road in Land O’Lakes, Florida, naked and with her throat slit. She was hospitalized and died three weeks later.

Romines told first responders at the scene that she had been attacked by a man named “Steve,” who investigators first presumed to be Stephen Kirk, a motel security guard. Romines had been staying with Kirk and his wife. Kirk was exculpated by a “significant amount” of evidence, including numerous witnesses who had seen him at work at the time of the attack.

Romines’ boyfriend, Joe Galbert, who had recently kicked her out of the Motel 6 room where they had been living, was eliminated as a suspect because he was in jail at the time.

Police zeroed in on Fitzpatrick, who had been working as a pizza delivery man, because witnesses reported seeing him with Romines at various points the day before, and because the semen found by a SAVE (sexual assault victim examination) performed on Romines at the hospital was identified as his. After first denying that he had any sexual encounter with Romines, Fitzpatrick claimed that it was consensual and had taken place on the morning of the 17th.

Fingernail scrapings taken from Romines during the SAVE test indicated the potential involvement of another, unidentified male.

In 2001, Fitzpatrick was sentenced with 30 years in prison and the death penalty, to be served concurrently. His direct appeal was affirmed.

His post-conviction appeal began in 2005, and on June 27 of last year the Florida Supreme Court unanimously upheld the circuit court’s decision that Fitzpatrick should be granted a retrial due to overwhelming evidence that his first attorney, Bill Ebel, failed to defend him adequately.

Mark Gruber, one of the attorneys from Capital Collateral Regional Counsel who handled Fitzpatrick’s post-conviction appeal, told IrishCentral that Ebel “had the case for four years and never obtained the assistance of anyone. Not a co-counsel, not an expert witness, not a private investigator. The prosecution brought in expert witnesses, a medical examiner, and there just wasn’t any rebuttal. . . . The prosecutor made that exact argument during closing arguments to the jury: ‘Here’s all this scientific evidence that we brought in and there hasn’t been any challenge to it.’ So that’s what we did in post-conviction.”

The medical experts consulted for the post-conviction proceedings stated that many of the conclusions drawn by the state in Fitzpatrick’s first trial were inaccurate or unfounded, and that some of the experts it brought to the stand were not qualified to testify in that capacity.

After Fitzpatrick’s citizenship was confirmed in September, Reprieve asked the Irish government to become involved in his case. Soon after, the Department of Foreign Affairs (DFA) issued a release stating that they were “providing consular assistance to Mr. Fitzpatrick and [would] notify the relevant US authorities of our interest in the case.”

At the January 10 hearing, the state was attempting to link Fitzpatrick to the unsolved 1992 murder of a woman in Tampa, FL. According to Fitzpatrick’s current attorney, Phil Hindahl, the hearing has been extended and will continue on February 27.

In Reprieve’s most recent release, Maya Foa, Director of the death penalty team at Reprieve, said: “Michael has already spent more than ten years on death row because of a horrifically unfair first trial. The Irish government could step in to ensure that history does not repeat itself and yet they are refusing to do even the bare minimum.”

In response to inquiries made to the Consulate General of Ireland in Atlanta, under whose jurisdiction Florida falls, the DFA Press Office stated via email that the department is “offering full consular assistance to Mr. Michael Fitzpatrick and will continue to do so as required. . . . We have notified the relevant US authorities of our interest in the case, which is going through normal judicial procedure in the United States.

“Departmental representatives would not routinely attend such hearings, particularly when we are satisfied that the Irish citizen involved has full access to legal counsel. We do maintain contact with the citizen’s lawyers to ensure that we are informed about proceedings, and we are also in contact with the NGO Reprieve on this case.”

The email also noted that, although the Irish government is not automatically entitled to consular prison visits with American citizens being tried in a US court, they had “sought and were granted one, which was undertaken by the Consul General Paul Gleason based in Atlanta in October 2013.”

Fitzpatrick’s attorney confirmed this. “I’ve had contact with the Consulate General of Ireland [in Atlanta] and I think that they intend on appearing in future hearings. As far as the hearing on January 10, for some reason they weren’t able to attend. I do know that [Atlanta Consul General] Paul Gleason, has been to the local jail and has met with Mr. Fitzpatrick. It was several months ago, but he has offered and is providing consular services, whatever that entails. . . so that’s their role right now as far as their input and their participation in the trial.”

The communications officers at Reprieve declined to provide further information as to what steps they would like to see the Irish government take on Fitzpatrick’s behalf.

Fitzpatrick’s retrial will begin on June 16.

KENTUCKY – Lone woman on Ky death row loses appeal – Virginia Susan Caudill


february 3, 2014 (wowktv,com)

LOUISVILLE, Ky. (AP) – A federal judge has rejected an appeal from the lone woman awaiting execution in Kentucky after concluding her attorney wasn’t deficient at trial.

U.S. District Judge Danny C. Reeves turned away claims by 53-year-old Virginia Susan Caudill that her lawyer committed numerous errors during her joint trial with a co-defendant, 53-year-old Johnathan Wayne Goforth.

Caudill and Goforth were convicted in 2000 in Lexington of robbing and killing 73-year-old Lonetta White by bludgeoning her to death with a hammer on March 15, 1998. White’s body was then put in the trunk of her own car, which was set ablaze.

Prosecutors say the pair fled to Florida and Mississippi in the months after the slaying. Police arrested Caudill in New Orleans about eight months after the killing.

Pampa : DNA hearing set in case of Texas death row inmate – Hank Skinner


february 3, 2014 (AP)

PAMPA, TX — A hearing is set regarding recent DNA testing in the case of a Texas death row inmate convicted of a triple slaying in the Panhandle.

Attorneys for the state and Hank Skinner’s attorneys will present testimony during the two-day hearing set to begin Monday in Pampa.

Skinner’s attorneys hope to show he didn’t kill a woman and her two sons in 1993. The 52-year-old was convicted of capital murder in 1995.

Court documents filed by the state say results of DNA testing done at a law enforcement lab “further confirm” Skinner’s guilt. Skinner’s attorneys say more sophisticated test results from an independent lab make doubts about his guilt “too weighty” to allow his execution.

Each side will submit written arguments after the hearing. The judge will later release his findings.

FLORIDA – When parents kill children, death penalty is rare, experts say …


february 2, 2014 (orlondosentinel)

After a kick to the head, 15-pound infant Ayden Perry had no chance for survival, police said.

 

Ayden was 2 months, 23 days old when he was pronounced dead last February, and St. Cloud police say his sleep-deprived father, Larry Perry, delivered the fatal blow.

 

That beating on Feb. 13, 2013, put Perry on the short list of Central Florida parents deemed among the worst — suspects who could face capital punishment if convicted of killing their own children.

Six Central Florida children died in 2013 as a result of abuse or neglect from parents or guardians, the Florida Department of Children and Families said.

 

Of those cases, Ayden’s and Ke’Andre Coleman’s fatal beatings were the only ones to become death-penalty cases in Central Florida.

Ke’Andre’s mother, Mikkia Lewis, and her boyfriend, Joe McCaskell, are accused of beating and torturing the 4-year-old boy to death in April in South Daytona, an arrest report said.

 

A medical examiner said Ke’Andre was severely beaten with two shoes and forced to exercise to exhaustion. His shoulders were dislocated and his thighs were hemorrhaging.

 

McCaskell, 32, admitted to beating the child and told investigators he saw Lewis, 22, beat Ke’Andre while screaming that she didn’t want him anymore, the report states.

 

A grand jury indicted the couple on first-degree murder charges in August and Volusia County prosecutors filed a notice of intent to seek the death penalty in October.

 

For Perry, prosecutors initially decided not to pursue death but then switched gears and filed a notice of intent in December, nearly a year after his young son’s killing.

 

Experts say unless parents have a history of violent behavior, it’s rare for parents accused of killing their own children to become candidates for the death penalty — which is usually set aside for the most egregious acts of premeditated murder.

 

And it’s even more rare for a jury to actually recommend death for these parents after a guilty verdict.

 

That’s because, although they won’t excuse the crime, jurors can sympathize with crimes of passion provoked by complex and deep-seated mental health or family issues, according to Richard Dieter, executive director of the Death Penalty Information Center, a Washington, D.C.-based research nonprofit.

 

“There are understandable difference between that and a serial killer,” Dieter said. “The family dynamics that lead to that kind of murder, it’s something juries can relate to — even if they would never do it.”

In the last child-abuse death-penalty case resolved in Central Florida, Orange County father Keith Skinner pleaded guilty to the lesser charge of aggravated child abuse to avoid a possible death sentence.

 

Skinner was released from prison in 2008 after serving four years on a separate child-abuse conviction, Department of Corrections records show.

 

After his release, Skinner had another child and in 2010, he beat that child — 8-month-old Triumph Skinner — to death.

 

Ayden’s mom couldn’t pay bail

 

Perry had no criminal history before his arrest in Ayden’s death.

 

He had been caring for Ayden alone for about two weeks after the boy’s mother, Kathy Barnes, was arrested on charges of trafficking oxycodone. Bail for Barnes had been set at $50,000 and she was forced to stay in the Osceola County Jail because she couldn’t pay.

On Feb. 13, Perry told police that no matter what he did, he couldn’t get Ayden to stop crying.

In the autopsy report, a medical examiner noted that before the beating, Ayden had likely been well taken care of. He was developing normally and growing at a healthy rate. The nearly 3-month-old weighed 15 pounds and was 23 inches long the evening of his death.

That night, Perry said he tried to quiet Ayden by first turning on the vacuum cleaner, hoping the drone would soothe him. When that didn’t work, Perry put the boy in a rocking swing then tried to feed him.

 

Perry said he didn’t have enough help with the child and hadn’t been getting enough sleep so when Ayden refused to stop crying, Perry snapped.

“I pretty much went crazy. I can’t do this [expletive] by myself,” 29-year-old Larry Perry told an operator when he called 911 about 10:40 p.m. “I called the police because I know what I did and I deserve whatever.”

 

911 call captured last breaths

 

Police say Perry slammed the infant into a bedroom wall.

 

The little boy’s blood had soaked through red sheets on Perry’s queen-sized bed and a blanket on the living-room couch. Two trails of blood were also streaked across the living-room carpet, a police report said.

 

According to police, Perry also kicked the child in the torso and stomped on his head so hard that he left behind a shoe-print bruise that spanned from just above the infant’s hairline to his mouth.

 

Perry told 911 dispatchers that his son didn’t stop crying until Perry “twisted his neck.” Ayden could be heard gasping for breath in the background of the 911 call, the report said.

 

Ayden was pronounced dead within two hours at Arnold Palmer Hospital for Children. His cause of death was listed as blunt-force head trauma.

 

Now, Perry’s life is in the hands of the Public Defender’s Office, which may need to regroup and change its strategy to argue the case now that death is being considered if he is convicted.

 

Dieter, with the Death Penalty Information Center, said it will be up to Perry’s attorney to make a jury believe Perry acted in the heat of the moment and though he may have been a threat to his son, that does not mean he is a threat to society in general.

 

“(The jury) will need to hear things they can relate to,” Dieter said. “The defense will need to tell the story of the family and put it in an understandable way. Put it in context and sometimes jurors will at least lessen the punishment.”

If he avoids death, Perry will be sentenced to life in prison if he is found guilty of first-degree murder at trial

STUDIES IN PSYCHOPATHY : How Psychopaths View The World (part2)


Not only do they covet possessions and power, but they gain special pleasure in usurping and taking from others (a symbolic sibling, for example); what they can plagiarize, swindle, and extort are fruits far sweeter than those they can earn through honest labor.And once having drained what they can from one source, they turn to another to exploit, bleed, and then cast aside; their pleasure in the misfortune of others is unquenchable. People are used as a means to an end; they are to be subordinated and demeaned so that the antisocial can vindicate themselves…

The causes of this sociopathic disorder have been narrowed to several factors through research. One of the primary causes of sociopathic behavior is believed to be neurological abnormalities mainly in the frontal lobe of the brain. This area is also related to fear conditioning. The abnormal anatomy or chemical activity within this area of the brain may be caused by abnormal growth (possibly genetic), brain disease, or injury. This theory has been supported by much research using positron emission tomography (PET) which visually shows the metabolic activity of neurons within the brain (Sabbatini, 1998).The amygdalae, two small regions buried near the base of the brain, have long been known to affect aggression, sexuality and recklessness. Recently, they have also been shown to affect how people interpret the emotions of others. Subtle damage to the amygdalae may explain many of the characteristics of psychopaths – including the difficulty of getting through to them emotionally. It may be that they simply cannot “see” emotions in others.

The psychopath is a manipulator, who knows exactly what makes us tick and knows how to manipulate and influence our feelings.

They have the talent to spot “kind, caring” women.

Mimicry is often used to convince others that the psychopath is a normal human being. He does this to create a false empathy with his victim. The psychopath will try to make you believe he has normal emotions by spinning some sad tale or professing profound, moving experiences; the truth is, most psychopaths go through life as in an incubator, touched by few and having no real compassion for others; but they will lie to convince you that they have normal emotions.

The pity factor is one reason why victims often fall for these “poor” people.

Lying is like breathing to the psychopath. When caught in a lie and challenged, they make up new lies, and don’t care if they’re found out. As Hare states,

“Lying, deceiving, and manipulation are natural talents for psychopaths…When caught in a lie or challenged with the truth, they are seldom perplexed or embarrassed — they simply change their stories or attempt to rework the facts so that they appear to be consistent with the lie. The results are a series of contradictory statements and a thoroughly confused listener.” [Hare].

Often, their behavior serves to confuse and repress their victims, or to influence anyone who might listen to the psychopath’s side of the story.

Manipulation is the key to their conquests, and lying is one way they achieve this.

One almost amusing example of how psychopaths lie can be exemplified by a man who’s footprint was discovered at the scene of the crime. “No, that’s not my foot” he said, even though everyone knew he was lying.

This is how psychopaths operate. They will deny reality until their victims have a nervous breakdown. Often, the psychopath will turn on the victim and claim that the victim suffers from “delusions” and is not mentally stable.

The psychopath is primarily distracted and impressed by his own grandiose self-representation, which often leads to him unwittingly telling people things that lead to his detection. They often forget the lies they told and tell contradicting tales, which often makes the listener wonder if either the psychopath is crazy, although in this case the psychopath isn’t really crazy — he’s just forgotten what lies he’s told.

The most amazing thing, however, is their selective memory. A psychopath might not remember the promises he made to you yesterday, but he will remember something from the past if it suits his purposes in some way. They often do this whenever they’re confronted or caught in a lie.

Most psychopaths are very arrogant and cocky. However, when charming a potential victim, they say all the “right” things and make you believe they are kind-hearted souls; not always, but often enough. The truth is, psychopaths are not altruistic and do not really care about friendships or ties.

Guggenbuhl-Craig states that ” they are very talented at appearing much more humble than the average person, but are hardly so.” Some are also able to feign concern about the lower classes and profess that they are on the side of the underdog, the poor, and so forth. A psychopath may claim, for instance (if he’s from a low socioeconomic class), that he dislikes rich people intensely, but at the same time, he will inwardly yearn and envy what they have. He is like the narcissist, desiring to reflect a false image of himself through his possessions. Among his possessions are included human beings: girlfriends, wives, and children.

Some psychopaths can even be very fond of animals (contrary to the common viewpoint), but still view them as objects in relation to themselves.

In general, most psychopaths will brag endlessly about their exploits and “bad” things they’ve done (often called a warning sign, which will ward off careful souls), but more often than not, the woman who is fascinated by him will not listen to reason, even if she is warned by others who know him about his past behaviors.

Why? Once again, because the psychopath makes her feel so “special.”

Please ladies, if you’re stuck on any man who is like this, you must come to terms with the fact that it is NOT his REAL personality. He is only playing a ROLE for you.

Dr. Black states that one of the most obvious signs of psychopathy is the way the individual will brag about his experiences, no matter “how unsavory…his apparent comfort with his deviant behavior, the ease with which he discuss(es) breaking every rule, (is) consistent with ASP (psychopathy).” [Black, 68].

The psychopath is filled with greed inside, relating to the world through power, even though, as I said, on the outside he can claim to be on the side of the disenfranchised or the downtrodden. I knew one who liked to repeat phrases such as “they have to stop keeping my brothers down” but he didn’t mean a word of it. He was actually a racist. The psychopath can also often identify himself as a revolutionary.As mentioned, psychopaths often claim to settle for second best (being their own worst enemy) and then think they deserve better. This may be manifested in the way they seek power — either through money (i.e. material goods), manipulation and/or treating people as objects. By enacting such behaviors, the psychopath is also trying to “get back” at society and the world, in order to gain retribution. They will spend their entire lives doing this, whether they are rich or poor, or whatever their social background may be, although studies have shown that they often come from an impoverished or lower socio- economic background and/or social status. (In one of Dr. Donald Black’s studies, many of the men were “overwhelmingly white, blue collar, lower middle class, and married, and most had not graduated from high school.”

What is very disturbing about psychopaths, besides their sense of special entitlement, is the complete lack of empathy for normal people, for “antisocials (psychopaths) seem to lack a conscience, feeling little or no empathy for the people whose lives they touch…the antisocial effortlessly resists all regulation, unable to see beyond his self-interest or to adopt standards of right versus wrong.”.

Not all psychopath are uneducated low-class misfits. Some of them are quite handsome and have good careers, and use this all the more to their benefit. Take a look at Ted Bundy; my friend’s mother once went on a double-date with him and claimed he was the nicest person. His mother said he was the “best son any mother could have.” Bundy was also apparently quite good-looking, which made him even more dangerous. So not all psychopaths are derelict, low-class, high school drop-outs, there are many who also work in professional occupations; the fact remains that there are just more psychopaths who come from impoverished backgrounds than not.

Also, not all psychopaths are calm, cool, and collected. Some of them appear strange or odd, and their behavior can be eccentric or unusual. I believe this is what can confuse victims most often. Psychopaths often appear intense and “electrifying”. Do not be misled if someone appears harmless, “foolish”, or seems offbeat. An “angelic” visage can also often fool people. Just picture John Wayne Gacy in his “clown costume” as he entertained children as one example.

Another example which someone on the “Victims of Psychopathy” board came up with was Bill Clinton and his “goofy” yet loveable demeanor (so is Clinton really a psychopath? Many believe he is).

A psychopath (he was diagnosed anti-social) I knew used the harmless cover-up quite well. Everyone thought he was very funny. I did too, at first. Then, little by little, I realised there was something “not right” about him. At first his seemingly harmless pranks were charming, but after a while, he became more of a nuisance and disrupted our work environment, which created havoc and tension between employees. I’ve learned, a psychopath can use these disguises for his own hidden purpose.

Regardless of race, social class, or occupation, however, the psychopath is dangerous to society, for “the nature of ASP (psychopathy) implies that it wreaks more havoc on society than most other mental illnesses do, since the disorder primarily involves reactions against the social environment that drag other people into its destructive web…The despair and anxiety wrought by antisocials (psychopaths) tragically affects families and communities, leaving deep physical and emotional scars…”.

There is much to the psychopathic personality which is baffling and disturbing. 1 in about 25-30 people are psychopathic (also known as sociopaths or anti-social — the correct title being psychopath.) Since the majority or them are men, wendy wrote to warn women about the dangers, especially women online, which I believe is a favourite “new medium” which appeals to psychopaths. I have personal experience with this subject as well. This is because “antisocials (psychopaths) are not just characters in our fictional or true-life entertainments. They are family members, friends, co-workers, neighbors, or strangers we may encounter every day.”

Pamela Jayne, M.A., writes that “30% of men are sociopathic.” [QFG note that she is not using the term “psychopath”.] If about every three out of ten men I may meet are psychopathic, I would assume this is not something to take lightly. According to these statistics, that would mean every three out of ten men and maybe every one out of ten females.

The truth is, we do not really know exactly how many individuals are psychopathic; however, there seems to be a rise in the prevalence of psychopathy and that is why some claim that numbers are higher. Dr. Black claims that psychopathy leads right behind depression, along with schizophrenia and borderline personality disorder, which is an astounding fact.

[QFG note: Hare says that Psychopathy is MORE prevalent than depression, schizophrenia and BPD. For all we know, many people who are depressed, become schizophrenic, or develop BPD, do so as a result of interactions with psychopaths. Psychologist Andrew Lobaczewski says as much in his book “Political Ponerology.”]

Psychopaths are often witty and articulate and almost always “glib.” They can be “amusing and entertaining conversationalists, ready with a quick and clever comeback, and can tell unlikely but convincing stories

They can be very effective in presenting themselves well and are often very likeable and charming. To some people, however, they seem too slick and smooth, too obviously insincere and superficial. Astute observers often get the impression that psychopaths are play-acting, mechanically “reading their lines.” 

…They may ramble and tell stories that seem unlikely in light of what is known about them. Typically, they attempt to appear familiar with sociology, psychiatry, medicine, psychology, philosophy, poetry, literature, art, or law. A signpost to this trait is often a smooth lack of concern at being found out.” 

One psychopathic individual I knew claimed that he had a genius IQ and that he was studying several different majors at college. “When I found out I had a genius IQ, that’s when all my trouble started” he said. I asked him, “Why?” He replied, “‘Cause I’m too smart for my own good.” In the end I found out these were lies because he was, in fact, a high school drop-out.

[QFG note: Being a “high-school drop-out” doesn’t mean that a person is NOT a genius. In fact, considering the U.S. education system, it is very likely that many geniuses WILL drop out due to frustration and boredom.]

Despite their failures, psychopaths have a very “narcissistic and grossly inflated view of their self-worth and importance, a truly astounding egocentricity and sense of entitlement, and see themselves as the center of the universe, as superior beings who are justified in living according to their own rules.”

They often come across as “arrogant, shameless braggarts–self-assured, opinionated, domineering, and cocky. They love to have power and control over others and seem unable to believe that people have valid opinions different from theirs. They appear charismatic or ‘electrifying’ to some people.” The psychopath is callous, remorseless, and unempathetic, although at first glance he may not seem that way. He is often exceedingly witty, chameleon-like, charming (but not always, especially when not in a “good” mood), the person who attracts a circle of admirers around him at every party, but more often that not, he is usually avoided — once people find out what he’s really like.

Atlanta – Prosecutor John Tanner’s religious remarks get killer new death penalty hearing – Anthony Farina


january, 31, 2014

A federal appeals court in Atlanta, citing former state attorney John Tanner’s biblical references during sentencing, has thrown out the death sentence against a man convicted in the killing of a teenage worker during a robbery at a Taco Bell in Daytona Beach in 1992.

Anthony Farina

The 11th Circuit Court of Appeals in Atlanta has ordered a new sentencing for Anthony Farina, 40, who was convicted in the slaying of 17-year-old Michelle Van Ness during the robbery on May 9, 1992, at the Taco Bell on Beville Road. Also convicted in the killing was Farina’s brother Jeffrey Farina, the triggerman.

The brothers forced four workers into a freezer and then Jeffrey Farina shot three of them before the gun misfired. That’s when Anthony Farina handed his brother a knife and Jeffrey Farina stabbed a fourth employee. All survived except for Van Ness.

Tanner, who lost his bid for re-election in 2008 against R.J. Larizza, could not be reached Thursday.

The state plans to appeal to the U.S. Supreme Court.

Both brothers received the death sentence but the Florida Supreme Court reduced Jeffrey Farina’s to life because he as 16 at the time he killed Van Ness.

The appeals court said Tanner went too far when questioning the Rev. James Davis, a prison pastor who had been called by defense attorney William Hathaway to testify about counseling Anthony Farina at prison.

Tanner drew heavily from the Bible during his questioning of Davis, “urging the implementation of God’s law,” the 11th Circuit ruling states.

“While elevating his own station as divinely-ordained authority, the prosecutor made clear that the death penalty was the sole acceptable punishment under divine law, noting how Christ himself refused to grant a felon forgiveness from the death penalty.”

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USA: The death penalty has become a game of chess


Americans have developed a nearly insatiable appetite for morbid details about crime, as any number of docudramas, Netflix series and Hollywood movies attest.

There is 1 notable exception: executions. Here, we’d just rather not know too much about current practices. Better to just think of prisoners quietly going to sleep, permanently.

The blind eye we turn to techniques of execution is giving cover to disturbing changes with lethal injection. The drugs that have traditionally been used to create the deadly “cocktail” administered to the condemned are becoming harder to get. Major manufacturers are declining to supply them for executions, and that has led states to seek other options.

That raises questions about how effective the lethal drugs will be. At least 1 execution appears to have been botched. In January, an inmate in Ohio was seen gasping for more than 10 minutes during his execution. He took 25 minutes to die. The state had infused him with a new cocktail of drugs not previously used in executions.

States have been forced to turn to relatively lightly regulated “compounding pharmacies,” companies that manufacture drugs usually for specific patient uses. And they’d rather you not ask for details. Death row inmates and their attorneys, on the other hand, are keenly interested in how an approaching execution is going to be carried out. Will it be humane and painless or cruel and unusual?

Lawyers for Herbert Smulls, a convicted murderer in Missouri, challenged the compound drug he was due to be given, but the Supreme Court overturned his stay of execution. A district court had ruled that Missouri had made it “impossible” for Smulls “to discover the information necessary to meet his burden.” In other words, he was condemned to die and there was nothing that attorneys could do because of the secrecy.

Smulls was executed Wednesday.

Missouri, which has put 3 men to death in 3 months, continues shrouding significant details about where the drugs are manufactured and tested. In December, a judge at the 8th U.S. Circuit of Appeals wrote a scathing ruling terming Missouri’s actions as “using shadow pharmacies hidden behind the hangman’s hood.”

States have long taken measures to protect the identities of guards and medical personnel directly involved with carrying out death penalty convictions. That is a sensible protection. But Missouri claims the pharmacy and the testing lab providing the drugs are also part of the unnamed “execution team.”

That’s a stretch. And the reasoning is less about protecting the firm and more about protecting the state’s death penalty from scrutiny.

The states really are in a bind. European manufacturers no longer want to be involved in the U.S. market for killing people. So they have cut off exports of their products to U.S. prisons.

First, sodium thiopental, a key to a long-used lethal injection cocktail became unavailable. Next, the anesthetic propofol was no longer available. At one point, Missouri was in a rush to use up its supply before the supply reached its expiration date.

Next, the state decided to switch to pentobarbital. So, along with many of the more than 30 states that have the death penalty, Missouri is jumping to find new drugs, chasing down new ways to manufacture them.

Information emerged that at least some of Missouri’s lethal drug supply was tested by an Oklahoma analytical lab that had approved medicine from a Massachusetts pharmacy responsible for a meningitis outbreak that killed 64 people.

For those who glibly see no problem here, remember that the U.S. Constitution protects its citizens from “cruel and unusual punishment.” But attorneys for death row inmates are finding they can’t legally test whether a new compounded drug meets that standard because key information is being withheld. Besides, we citizens have a right to know how the death penalty is carried out.

All of this adds to the growing case against the death penalty, showing it as a costly and irrational part of the criminal justice system. We know the threat of it is not a deterrent. We know it is far more costly to litigate than seeking sentences for life with no parole. We know extensive appeals are excruciating for the families of murder victims. And we know that some of society’s most unrepentant, violent killers somehow escape it.

And now we’ve got states going to extremes to find the drugs – and hide information about how they got then – just to continue the killing.

ABOUT THE WRITER Mary Sanchez is an opinion-page columnist for The Kansas City Star

(source: Fresno Bee) 

 

The death penalty, and a passion for pain


Giving full satisfaction to popular sadism always risked undercutting public support, but now politicians feel comfortable calling for a return to harsher methods.

States that kill tell us, in their scientific-technical language, that the death penalty is an unfortunate but strictly necessary activity, always used as a last resort and always restrained by mercy. The precise method of killing is itself a matter of pained, moral exactitude. The question is always how to deter as much brutality as possible, with as little brutality as possible.

So, a question: if you wrap a ligature around someone’s throat and tighten it until it breaks their neck or they choke to death, what is the deterrent effect of this compared with, say, tying them by the neck to a crane and then jerking them violently upward? How many fewer murderers and rapists would there be if we injected convicts with poison, as opposed to gassing or electrocuting them? For if you take states at their word, the sheer variation in both the use and method of the death penalty over time and place necessarily gives rise to such mind-boggling calculations.

For a few decades, this controversy has been moot in the United States. Those states in the union that operated the death penalty had abandoned the traditionally harsher methods of killing, such as electrocution or gassing. The long, agonising deaths associated with these methods had been replaced by superficially serene ones, effected by the seemingly precise method of poisonous injections. Now, as the availability and effectiveness of these drugs is in question, 6 states are attempting to bypass controversy by bringing back the firing squad, the gas chamber or the electric chair.

There are certain ironies here. Electrocution was itself once considered the gentle, civilised method of killing in the US. After centuries of hanging people in public squares, the American state was centralising and consolidating its power. Its ability to contain violent disobedience was expanding dramatically. By and large, it was less threatened by criminal disobedience than by the potential for unruliness among witnesses to such spectacles. It began to use the death penalty less, and in more confined settings, with fewer witnesses.

This did not mean that the element of sadism, which is essential to the social meaning of the death penalty, had been expunged. As a ritual, it effectively harnesses the desire to see satisfaction in pain and humiliation, and as such legitimises the state’s ultimate authority. That is why witness must be made, especially by the grieving relatives of a murder victim, for whom the killing of the convict is apparently the only route to “closure”.

The death penalty is linked to a wider array of sadistic punishment practices – “life-trashing” sentences, and “shame” penalties – which in the US are part of the management of a racial order, in which black people are seen as the potential nemesis of civilisation itself. The merest hint of a breach of their symbolic status has often been sufficient to produce an outburst of repressive violence. In this respect, it is notable that public killings mainly – although far from exclusively – persisted in the southern states, where political authority was weaker and more decentralised, and where racial terror was the dominant means of political control. Yet, while the US started to shift toward less spectacular forms of execution, they were not less public, not less symbolic, and certainly not less racially charged, as a result – until an effective moratorium on the penalty which lasted from 1960 to 1976.

It is telling, perhaps, that the basis of the current recourse to more traditionally brutal forms is an “economic” rationale – what can be done at least cost to the state, avoiding expensive legal challenges. The prosecution of offenders and the pursuit of the death penalty is always a costly and time-consuming process. This is one reason why, as Sister Helen Prejean wrote, African Americans and Hispanics not only do not expect the district attorney’s office to pursue the death penalty when a loved one is killed, but rarely expect even a prosecution.

However, the death penalty today is precisely grounded in an “economic” rationality. The end of the supreme court’s ban on it in 1976 corresponded to the beginnings of a political shift in the direction of neoliberalism. The neoliberals, despite their anti-statist rhetoric, were in fact advocates of a strong, authoritarian state, particularly in order to protect property rights and curb “market bypassing”. Of course, in its application it continued to be “selective” in favour of killing African American suspects. However, the legitimacy of state killing for some was at least partially secured by the introduction of the lethal injection in 1982, which was vaunted as a humane means of death. Subsequently, Clinton’s Antiterrorism and Effective Death Penalty Act enabled a drastic escalation in the use of the death penalty.

Yet, while American states – above all, Texas – are killing more people at a faster rate, supporters of the death penalty remain unhappy. It is precisely this “civilising” process – the slow, premeditated legal planning that must go into killing – that outrages them. The government is fighting evil, with one hand tied behind its back: let the forces of order do their work without hindrance and put an end to the chaos. Once the discussion is cast in terms of such moral absolutes, the evidence is that any potential wider costs of the death penalty are as superfluous as “collateral damage” in a war. Unfortunate, but of no real interest. The libidinal energies invested in killing overwhelm any such objections.

This is the bind that the American state has always been in over the death penalty. The regular application of lethal force serves a vital political purpose; but giving full satisfaction to popular sadism has always risked undercutting broad public support for it. If American politicians are now unembarrassed to call for a return to harsher methods of killing, this signals that the bind is loosening and that politics is tilting in favour of a renewed authoritarian statism – inevitably mandated by racism.

“Deterrence” in this sense is entirely symbolic; what is deterred by the binding of popular sadism to state bureaucratic processes is any questioning of the state’s claim to the final say over life and death.

(source: The Guardian)