In The News - 16 April

There has been a huge amount of news during my silence. I'll start with the most recent and move on.

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Death Penalty Ruled Constitutional

Today the U.S. Supreme Court has ruled that lethal injection is constitutional and is not cruel and unusual punishment in the case of Baze v. Ress. 7 months ago a case was brought before the Supreme Court by two men sentenced to death in Kentucky. They claimed that lethal injection was cruel and unusual punishment because a) there was a good chance it may not be administered properly, and b) it paralyzes you so you have no way of expressing the pain you are suffering. The death penalty in all states was put on hold, pending this decision. I wrote an entry on it earlier this year. The decision was split 7-2.

The decision is unambigious and it is certainly disappointing. There can be no doubt that, at the very least, it has sparked debate and raised doubt. At the most, it spared some lives for a least a little while and gave defense attorneys much needed time. Perhaps it even gave some inmates the rare gift of hope, but I didn't discuss it with the men that I visited.

Interestingly, one of the majority Judges, Stevens, said in obiter:

''I am now convinced that this case will generate debate not only about the constitutionality of the three-drug protocol, and specifically about the justification for the use of the paralytic agent, pancuronium bromide, but also about the justification for the death penalty itself''

The article states that a decision by the Supreme Court on the validity of the death penalty for child rapists is expected in June.

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Racial Discrimination in Jury Selection

A case that my office was working on has had a favourable outcome. An appeal to the U.S. Supreme Court was successful in overturning the conviction of Allen Snyder based on the prosecutor striking off black jurors unfairly. Jury selection is a notoriously exploited means through which a trial can be tipped in the favour of prosecution, especially against black defendants.

This is an incredibly powerful message to all American trial judges and prosecutors to conduct proper jury selection. It's a small step in the right direction for reforming a dangerously corruptible system.

Allen Snyder's case will go to retrial.

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Three of Bali Nine Spared Death

Three members of the Bali Nine have had their death sentences commuted to life. The "Melasti Three", Tan Duc Thanh Nguyen, Si Yi Chen and Matthew Norman, have successfully appealed against their death sentences that were upgraded from 20 years to death upon successful counter-appeal by the prosecution.

While Sukumaran and Chan, the two I have been working on, were appealing to the Constitional Court, these three made a direct appeal to the Supreme Court for a judicial review of their trial. There are 51 justices on the Supreme Court bench, and so the chances of getting a new batch of more favourable, less conservative judges was high.

It's a great success for Australia and the Bali Nine, however there are still three of on death row, Scott Rush, Myuran Sukumaran and Andrew Chan. As you can imagine, the fight for these three is energised and positive. Exactly what impact this decision will have on the future of the final three on death row is unknown. Due to my work with the lawyers and the sensitive nature of the case I won't be able to write in too much detail about what I know, or what is going to happen next. Needless to say, it's a busy and exciting time.

Reflections

You'll have to forgive my absence from writing anything at all. My internship with Reprieve finished in late February and since then I was travelling through Central America and only returned home a few days ago.

I wanted to reflect just briefly about my time in New Orleans. Here are some of the questions I'm asked most frequently. I'd be happy to answer any other questions, just post a comment to this.

Is New Orleans recovering from the hurricane?

In some ways yes, in others, no. For most of my time there, I stayed mostly in the Downtown, French Quarter, Marigny area which was fairly untouched by the hurricane (the odd street sign is missing). On my last day, however, I visited the 9th Ward which was still totally destroyed beyond anything I could have imagined. The reason is simple, the people who lived here are simply too poor to relocate back home and rebuild. By comparison the more affluent suburbs who were hit equally as devastatingly, are recovering quickly, with houses being built, and many of the houses still standing (due to stronger structures). Many of these houses are being built on stilts.

What is your most memorable moment?

All of my visits to Angola State Penitentiary. Every trip up there was eye opening and humbling. I would recommend to anyone who feels passionate about the abolition of the death penalty the get in contact with a death row inmate. Communicating with them in genuine good will is one of the kindest things you could possibly give them. They have only other prisoners and guards to talk to much of the time, and so an outside perspective, a fresh voice, helps them persevere more than you could possibly know. Reprieve offer a penpal program, click here. There are also numerous websites where inmates on death row can advertise themselves as pen pals. Unfortunately, this is often abused by relgious fanatics and crazy women who want to dote on a helpless human being. Don't write to these men with pity in your heart, just compassion.

What was your biggest disappointment?

Not being let into a jury members house. We conducted jury interviews which is an attempt to find some sort of jury misconduct in a trial. We ask them questions to try and ascertain if they, or any one else did anything that is not prohibited during deliberation. I went to the houses of 2 jurors, and both of them told us to go away, that they didn't want to talk to us. My other colleagues had more success, finding evidence of misconduct. It would have been a great experience to have interviewed a juror, but no such luck.

What was your most moving experience?

Interviewing the grandmother of an accused. As we spoke to her about her grandson's upcoming trial, I remember the sheer absurdity that seemed to accompany a fairly placid conversation regarding the murder of this 19 year old boy. Talking to someone about the the future execution of a family member as if it was simply an everyday thing was incredibly confronting. Photos of the boy lined her wall just like you'd expect in any grandmother's house, especially mine. No one should have to go through this.

What was it like meeting people on death row?

Nothing like what I expected. They were funny, friendly, optimistic, remorseful and contemplative. I was not expecting to meet crazies but I was expecting them to be far more subdued. I, personally, couldn't imagine functioning coherently with the constant thought of impending execution upon me every day. Death Rown Syndrome is a recognised mental illness that is caused by the isolation of the prison cell and, no doubt, the constant fear they endure. Making conversation with a man who is limited to a cell 23 hours a day, and a courtyard for the other hour was a challenge, but a good experience. The obvious questions that we all learn as social etiquette on how to make polite conversation doesn't apply. It was challenging, and they were naturally apprehensive when they met me, but they opened up after a little while. I still keep in touch with one of them.

What shocked you most about the Louisiana legal system?

There is a man in Louisiana who has been incarcerated for 6 years without trial. The constitutional maximum is 2 years. How this is possible is beyond me. The reason for the delay is because the parish does not have the money to give him a capital trial, so they delay until they have the money. This is the same parish that apparently has satanic cults roaming around, run by the son of the sheriff. Scary? This son is also implicated in numerous murders. He apparently offers poor people large sums of money to off certain people. I was more than a little anxious while I was there.

Did you save anyone's life?

No. It's a long and arduous process. Often the greatest development is simply a retrial, which then takes months to complete.

What now?

I'm returning to work with Julian McMahon in defense of the Bali 9, hopefully staying involved with Reprieve and writing a 5000 word essay on the death penalty. My topic will be on sentencing child rapists to death and the implications of non-fatal crimes being punishable by death.

(A little quote sent to me by Arthi. Thanks for reading!)
Quote of the day:

"There may be times when we are powerless to prevent injustice, but there must never be a time when we fail to protest"

- Elie Wiesel