A Vigil and a Stay – Does Innocence Matter?

On Thursday night, our local Amnesty International group and allies held a vigil for Troy Davis who was scheduled to be executed on Monday, October 27, after the Supreme Court had refused on October 14 to even consider his case and the question of whether it is a constitutional violation to execute a potentially innocent person.

On Friday, we received the welcome news that the 11th Circuit Court has issued a stay while they consider Troy’s case.  I find it disturbing, though, that apparently the same question as to whether he can be executed even if there is evidence of his innocence remains. 

According to the Atlanta Journal-Constitution:

The judges called the stay “conditional” and said they want to hear more from Davis’ lawyers and state attorneys.

Davis must clear two difficult legal hurdles to win a new round of appeals.

First, he must show that his lawyers could not have previously found the new evidence supporting his innocence no matter how diligently they looked for it. And he must show that the new testimony, viewed in light of all the evidence, is enough to prove “by clear and convincing evidence that…no reasonable fact finder would have found [him] guilty.”

The 11th Circuit added a twist. It asked the parties to address whether Davis can still be executed if he can establish innocence under the second standard but cannot satisfy his burden under the first, due-diligence question.

Does innocence matter?  That seems like it should be an easy to answer question, but apparently not to our courts.

Since Davis’ 1991 trial, seven of nine key prosecution witnesses have backed off their testimony. Others have come forward and implicated another man in the killing of 27-year-old Savannah Police Officer Mark Allen MacPhail.

Shouldn’t new evidence be considered?  What kind of justice is it to kill an innocent man?

At our vigil, on a world wide national day of action, we collected signatures on petitions to fax to the parole board.  According to the Atlanta Journal-Constitution, a petition with 140,000 signatures was delivered to the State Board of Pardons and Paroles at a protest in Atlanta on Friday.

We were joined at our vigil by the Total Experience Gospel Choir, whose songs included Amazing Grace and Reach Out and Touch Somebody’s Hand.

We were also joined by the UW’s Amnesty International group.  Stefanie Anderson, AI’s state Death Penalty Abolition Coordinator, organized the event, also sponsored by the Washington Coalition to Abolish the Death Penalty and spoke for AI.  AI’s Washington State Area Coordinator, Larry Ebersole, read a poem entitled “Appeal” he wrote for Troy.

Appeal

   – For Troy Davis on death row, Georgia  (USA)

 

what can I say

the man

will be killed, years ago

the state, began preparations

not the first time,

knew what to do –

took many a life

before him,

took doctors

(until they refused)

to measure the dosage

for lethal injection,

took Governors,

statesmen to explain

the Why,

took willing guards

(many unwilling) 

in prisons,

to make a captive

suitable for sacrifice

 

what can I say

that has not been said,

argued in stately manners

at rally, legal briefs in courtrooms

before judges and executioners

 

what can I say

the authority of System

makes facts into strangers,

kills men in warfare and execution

starves families in ghetto liberty

 

what can I say:

this silence is death

and not yet death

 

- Let the man live !

- Halt his sacrifice !.

 

 (Laurence H. Ebersole, 10/24/08)

More updates to follow on Troy’s case as it develops.  You can check for updates on his Amnesty International page, and sign the petition online at:

 

http://www.amnestyusa.org/troydavis

 

I leave you with a video of the Total Experience Gospel Choir from Thursday’s vigil:

 

 

More photos at: http://www.flickr.com/photos/javacolleen/sets/72157608317704088/

Tags: Amnesty+International, death+penalty, Troy+Davis, Total+Experience+Gospel+Choir

Meet Me in St. Louis vs Republican Cynicism

So, even though the polls show it’s actually losing them votes, McCain, Palin and their allies continue with their vicious attacks.   Meanwhile, Barack continues to take the high ground, even though there’s plenty of mud he could sling back, and talks about the issues. 

Oddly enough (at least to the Republican nominees), the issues do seem to be what the American people want to hear about.  Witness this crowd that the police estimated to be 100,000 Saturday in St. Louis, Missouri. 

The latest has been the “Joe the Plumber” strategy, of claiming Obama is a socialist bent on radically redistributing wealth.  Interestingly enough, the good people of St. Louis seem to like the idea of a tax cut for those 95 % of American workers (and 98% of small businesses) making less than a quarter million a year.  People who make up most of the crowd, and I’m sure aren’t happy with their characterization by McCain of not paying their taxes (which the IRS most certainly asks them for each April 15, although less so if Obama gets in).

Meanwhile, I guess Minnesota Congresswoman Michele Bachmann will want all these people investigated, claiming in this surreal MSNBC video that Obama’s friends and liberals in general are “anti-American” and the press should do a McCarthy era type investigation of anyone to the left in congress.

OK, I know the McCain/Palin campaign has brought out a lot nuts, but this woman is a U.S. Congresswoman?  The United States still being a democracy, the last time I checked? 

I’ve got news for Rep. Bachmann.  All those people in St. Louis, and around the country, who are coming to hear Obama; and all of us who are going to be voting for him on November – We Are the American People, too.

And . . .

We’re Voting for Real Change.

Yes, We Can!

Tags: St.+Louis, Barack+Obama, John+McCain, Sarah+Palin, Michele+Bachmann

Real Plumbers Are Voting for Barack

I admit, I was kind of amused to learn that “Joe the Plumber,” whom both John McCain and Barack Obama referenced numerous times during last night’s debate, is a real person.  However, there seems to be some question about Samuel Joseph Wurzelbacher’s plumbing credentials according to the local plumbers’ union in Toledo.

According to an article in the Toledo Blade, Joe doesn’t have a plumbing license, and is not registered to work as a plumber in the state of Ohio “which means he’s not a plumber.”

Mr. Wulzerbacher’s notoriety has raised the ire of Tom Joseph, business manager for Local 50 of the United Association of Plumbers, Steamfitters, and Service Mechanics, who claimed that Mr. Wulzerbacher didn’t undergo any apprenticeship training.

“When you have guys going out there with no training whatsoever, it’s a little disreputable to start with,” Mr. Joseph said. “We’re the real Joe the Plumber.”

Mr. Joseph said Mr. Wulzerbacher could only legally work in the townships, but not in any municipality in Lucas County or elsewhere in the country.

“This individual has got no schooling, no licenses, he’s never been to a training program, union or non-union, in the United States of America,” Mr. Joseph said.

The association has endorsed Barack Obama, according to Mr. Joseph.

McCain brought up Joe, out of his concern that Joe would need to pay taxes on his income of over $250,000 (putting him as earning over 95% of Americans, which would make him rich in my book, it not Mr. Seven Houses McCain’s) if he takes over the business from his boss.  Turns out Joe probably has nothing to worry about, as he apparently earned about $40,000 in 2006, and still seems to live in modest surroundings. However, Joe is still worried about the “socialism” of getting taxed on over a quarter million dollars should he take over his boss’ business (where he currently works as an under-payed, unlicensed, worker, who probably shouldn’t have been bringing attention to himself).

I’d tell Joe to get some training and join the union; but I’m sure he just considers making union wages as “socialism” and wants to hold onto his building his plumbing empire dream.

Joe (and those like him) is how the wealthy Republicans who really run things get in power.

I’m with the real plumbers, and voting for Barack!  Even though I’m going to win the lottery or make it as a famous stand up comedian (hey, I’m entitled to my American daydream, too).  I’ll willingly pay more taxes when I make more than $250k.

Anyone who wants to give that much or more to me to test my sincerity – Bring it on!

Tags: Joe+the+Plumber, Samuel+Joseph+Wurzelbacher, plumbers, John+McCain, Barack+Obama, Toledo

An Economic Plan vs Sowing Seeds of Hatred

One of the things that really impresses me about Barack Obama is how he just ignores the vicious attacks from the Republicans and continues talking about the issues that matter instead of responding in kind. 

Once again, I feel absolute despair if I focus on McCain and Palin’s thinly disguised racist and undisguised anti-liberal attacks, whipping up this time charges of treason.  On the other hand, I feel genuine hope for America when I look at Barack’s rallies.  I hear him talking about substantive plans for issues like the economy, education, and health care. I see positive, engaged crowds; ready to help Obama put his vision for a positive future for them and their families in action.

If I focus my energies on the fear and hatred being sown for the minority of the Republican base, I miss the fact that rallies are still going on around the country like this one in Philadelphia (photos courtesy of Barack Obama’s Flickr page):

One of four “mini-rallies” in different neighborhoods in Philly this Saturday!

I’d miss the crowd reactions, the hope he brings in places like Philadelphia:

The enthusiasm in places like Toledo:

More importantly, I’d miss hearing details of his economic plan.  Details from the Toledo Blade (full speech below):

Highlights of his plan include:

* A temporary tax credit of $3,000 for firms that create new jobs in the United States over the next two years.

* New legislation that would allow families to withdraw 15% of their retirement savings — up to a maximum of $10,000 — without facing a tax-penalty this year (including retroactively) and next year.

 A 90-day foreclosure moratorium for homeowners that are acting in good faith.

* Calling on the Federal Reserve and the Treasury to work to establish a facility to lend to state and municipal governments.

Mr. Obama’s plan also calls for temporarily eliminating taxes on unemployment insurance benefits; keeping all options on the table to help automakers deal with the financial crisis; having the Fed and Treasury prepare for guaranteeing a broader range of liabilities of the banking system; and instructing Treasury to help unfreeze markets for individual mortgages, student loans, car loans, loans for multi-family dwellings and credit card loans.

Notice two other important things from the video.  First, that he immediately silences any booing of McCain and Palin, insisting on civility (something sorely missing from McCain, Palin and their supporters these days).  Second, that, just like with education and calling for students and parents to make learning a priority, along with training more teachers and education improvements; he also calls for Americans to look at their own tendency to live beyond their means on credit, while also calling for accountability from the banks, credit card companies and others responsible for the economic crisis. 

Definitely guilty here, and have learned the hard way.

Tags: Barack+Obama, John+McCain, Sarah+Palin, Philadelphia, Toledo

Nickelsville Moves to My Neighborhood

Nickelsville has found a new home – in my neighborhood!  Mayor Nickels has forced the encampment (named in his honor) to move again on Friday, this time from Discovery Park to the parking lot of the University Christian Church on 15^th & 50th in the University District. 

Amazingly enough, even though the self-described Nickelodeons have now moved off city property, that may not be enough to please his Honor.  According to the Seattle PI:

Authorities have been vague about what the city’s next steps are, although they have previously threatened fines on property owners who sponsor Nickelsville.

Not only that, groups who help them have been threatened with fines, according to the Daily Weekly, the Seattle Weekly’s blog:

The city’s notice to Nickelsville in Discovery Park is a “final” one that applies to all future encampments within city limits. It says that no notice will be required for future campsite removals. In addition to encampment residents, the notice names a number of advocacy groups— the Interfaith Taskforce on Homelessness, SHARE/WHEEL, Veterans for Peace— that will be fined (up to $150 per day) if Nickelsville resurfaces on city property.

I talked to one of the campers who had previously had his belongings including a new tent and gear he saved $300 to buy destroyed by the city in one of the city’s sweeps of green spaces.

He said the city had even threatened to fine the Honey Bucket people!

Meanwhile, according to the PI article, the Mayor has so far refused to meet with anyone from Nickelsville.  His office also claims that “Seattle bears a disproportionate burden caring for the area’s homeless and that officials are doing the best they can.”

Well, some of that may be.  Seattle is central to the region, easier to get around without a car and doesn’t sprawl as much as the suburbs.  Yet, when it comes to tent cities, the fact is that they have been hosting at least a couple at Eastside churches.

So why is it so difficult for Seattle to do it’s part?  It’s easy enough to get permits to condo builders and a trolley to nowhere for the area where Paul Allen owns a lot of land, or a new stadium.  Hey, wait a second, I got an idea!  The Nickelodeons should ask for money for a stadium.  They could help build it and staff it. . . No, wait!  Think big!  They can supervise it’s building and staffing and afford nice places for themselves in Medina!  Then the Mayor would talk to them! Oh, wait, isn’t he supposed to serve Seattle’s citizens? 

In all seriousness, though, it’s totally disturbing that, not only won’t Mayor Nickels meet with the homeless residents of Nickelsville or do anything to help them; he wants to keep hounding them wherever they try to settle down for a while.  Evidently he thinks they should all be back in the elements, sleeping in doorways; or maybe just that they should disappear.

Portland has built a Dignity Village for their homeless.  Short of providing actual housing, why not have one in Seattle?

PS: Sounds like they University neighborhood, including students, has been considerably more welcoming than the city, including bringing food.

 

Tags: Nickelsville, homeless, University+District, Seattle, Mayor+Greg+Nickels, University+Christian+Church

Habeas Corpus of Uighur Prisoners at Guantanamo

According to the New York Times, Federal Court Judge, Ricardo M. Urbina, has ordered the Bush administration to release 17 Uighur detainees from Guantanamo Bay on Friday.  While the U.S. conceded over a year ago, the Uighurs, members of a Muslim minority in China, were not enemy combatants; the Bush administration still contends they should be held at Guantanamo, as they cannot be returned to China for fear of torture, and have found no other country to agree to take them.

“I think the moment has arrived for the court to shine the light of constitutionality on the reasons for detention,” Judge Urbina said.

Saying the men had never fought the United States and were not a security threat, he tersely rejected Bush administration claims that he lacked the power to order the men set free in the United States and government requests that he stay his order to permit an immediate appeal.

Judge Urbina is ordering the 17 detainees be brought to his court on October 10, according to Amnesty International. 

The Uighurs would then be released, with the assistance of members of the local Uighur community, religious groups and refugee settlement agencies who have offered their support to help the detainees adjust to their lives outside Guantánamo.

The Judge has also scheduled a hearing for them on October 16 and “ordered that an official from the US Department of Homeland Security be present at that hearing.”

The U.S. Department of Justice is filing an emergency motion for a stay, pending an appeal to the Court of Appeals and the case could go to the Supreme Court.

As the New York Times article noted, “Judge Urbina’s decision came in a habeas corpus lawsuit authorized by a landmark Supreme Court ruling in June that gave detainees the right to have federal judges to review the reason for their detention.”

The centuries-old doctrine of habeas corpus permits a judge to demand production of a prisoner, a power Judge Urbina sought to exercise with his order that the men be brought to him.

“I want to see the individuals,” he said.

According to Amnesty International, the U.S. administration “has claimed authority to continue to detain those it no longer considers ‘enemy combatants’ under the executive’s ‘necessary power to wind up wartime detentions in an orderly fashion’.” 

So, not only is the U.S. saying it can hold people without charge indefinitely at Guantanamo; but even if the charges prove unfounded, they can still detain them. This does not seem very orderly to me; not in a democracy; not in the U.S.A..  This is not the America I Believe In.

Amnesty International is calling for the U.S. government to “comply with Judge Urbina’s order, drop it’s appeals, bring the Uighur detainees to the USA, and work to find lawful, safe and durable solutions in all their cases.”

Take action online on the “War on Terror” page:

http://www.amnestyusa.org/page.do?n=38

Or from the main page, www.amnestyusa.org , left tab “Our Priorities”, top item on the pull down menu, “War on Terror”

Tags: human+rights, Amnesty+International, habeas+corpus, Guantanamo, Uighur, China, Bush+administration, Ricardo+M.+Urbina

An American Reclamation Project – Bruce for Barack

Bruce Springsteen has just finished playing 3 voter registration rallies for Barack Obama in Pennsylvania, Ohio and Michigan. Bruce spoke from his heart about the American promise (our hopes) vs the increasing distance from reality for too many people in America; and the disasters and damage of the last 8 years.  Then he spoke about the need for “someone with Senator Obama’s understanding, temperateness, deliberativeness, maturity, compassion, toughness, and faith, to help us rebuild our house once again.”

Photo from the official Barack Obama Flickr page.

That we could have fallen so far from those American ideals in the past 8 years is appalling; and I see nothing in the McCain/Palin that looks any different, beyond, perhaps, more vicious attacks (which is, I guess, the only way they believe they can win).  Barack brings back the kind of idealism and hope Bruce sings about in his songs.  Developing good paying American jobs, educating all of our youth to have a chance at those jobs and to compete in science and math on a world class level.  Encouraging community service, instead of shopping. 

Bruce’s comments in Philly on Oct. 4 (from his website):

Hello Philly,

“I am glad to be here today for this voter registration drive and for Barack Obama, the next President of the United States.

“I’ve spent 35 years writing about America, its people, and the meaning of the American Promise. The Promise that was handed down to us, right here in this city from our founding fathers, with one instruction: Do your best to make these things real. Opportunity, equality, social and economic justice, a fair shake for all of our citizens, the American idea, as a positive influence, around the world for a more just and peaceful existence. These are the things that give our lives hope, shape, and meaning. They are the ties that bind us together and give us faith in our contract with one another.

“I’ve spent most of my creative life measuring the distance between that American promise and American reality. For many Americans, who are today losing their jobs, their homes, seeing their retirement funds disappear, who have no healthcare, or who have been abandoned in our inner cities. The distance between that promise and that reality has never been greater or more painful.

“I believe Senator Obama has taken the measure of that distance in his own life and in his work. I believe he understands, in his heart, the cost of that distance, in blood and suffering, in the lives of everyday Americans. I believe as president, he would work to restore that promise to so many of our fellow citizens who have justifiably lost faith in its meaning. After the disastrous administration of the past 8 years, we need someone to lead us in an American reclamation project. In my job, I travel the world, and occasionally play big stadiums, just like Senator Obama. I’ve continued to find, wherever I go, America remains a repository of people’s hopes, possibilities, and desires, and that despite the terrible erosion to our standing around the world, accomplished by our recent administration, we remain, for many, a house of dreams. One thousand George Bushes and one thousand Dick Cheneys will never be able to tear that house down.

“They will, however, be leaving office, dropping the national tragedies of Katrina, Iraq, and our financial crisis in our laps. Our sacred house of dreams has been abused, looted, and left in a terrible state of disrepair. It needs care; it needs saving, it needs defending against those who would sell it down the river for power or a quick buck. It needs strong arms, hearts, and minds. It needs someone with Senator Obama’s understanding, temperateness, deliberativeness, maturity, compassion, toughness, and faith, to help us rebuild our house once again. But most importantly, it needs us. You and me. To build that house with the generosity that is at the heart of the American spirit. A house that is truer and big enough to contain the hopes and dreams of all of our fellow citizens. That is where our future lies. We will rise or fall as a people by our ability to accomplish this task. Now I don’t know about you, but I want that dream back, I want my America back, I want my country back.

“So now is the time to stand with Barack Obama and Joe Biden, roll up our sleeves, and come on up for the rising.”

Bruce’s The Ghost of Tom Joad describes the road we have been heading down once again.  Of the people struggling to make it at the bottom as the gap between rich and poor widens to the greatest since 1929.  The people who Bruce and Barack never forgot of stopped fighting for, long before the bank failures and stock market downturn started shaking the rest of America.

The last verse, which didn’t make it to the video:

Now Tom said “Mom, wherever there’s a cop beatin’ a guy
Wherever a hungry newborn baby cries
Where there’s a fight ‘gainst the blood and hatred in the air
Look for me Mom I’ll be there
Wherever there’s somebody fightin’ for a place to stand
Or decent job or a helpin’ hand
Wherever somebody’s strugglin’ to be free
Look in their eyes Mom you’ll see me.”

We need real change.  We need real hope.

Register.  Vote.

 

Tags: Bruce+Springsteen, Barack+Obama

Nickelsville At Discovery Park

So, Mayor Nickels forced the homeless encampment, Nickelsville, to move again last Wednesday night.  This time the Nickelodeons (as they call themselves) moved to the grounds of Daybreak Star, the cultural center for the United Indians of All Tribes at Discovery Park.

Unfortunately, as the Seattle PI reported, it turned out that, while members of the United Indians of All Tribes Foundation were accepting of their new neighbors, the land for the center was leased from the city, who posted 72 hour notices by Thursday evening.  An update from the neighborhood blog, Magnolia Voice, reports that the campers now have until Wednesday to move, although the city is planning on fining Nickelsville $150 a day starting Monday night at 5 pm.

In spite of past intervention by the Governor (mentioned previously), and, Seattle area State Legislatures, according to the Seattle Weekly’s blog, the Nickels’ administration’s only interest in the situation seems to be punitive – send police, levy fines, and move the homeless off city land.  Claims of providing housing for everyone who needs it do not appear to be true. 

Personally, I think Mayor Nickels is like Senator McCain.  He just doesn’t get it, and, let’s face it, he’s working for the downtown business interests and those of the wealthy like Paul Allen.  While high price condos are going in and affordable housing destroyed, the Mayor is focusing on “workforce housing” for people who make over twice what I (and many others) do.  While I do think it’s important to keep housing for middle class workers (and it says a lot when even that is disappearing), where is there left for low income workers like myself (unless you’re lucky enough to have a below market unit), let alone the homeless?  Yes, there is money for subsidies, but it’s not enough to cover all the people who would need it; let alone the fact most people just want affordable housing, not charity.  There are plans to help the homeless, in the future, but more affordable housing is disappearing and where do they go meanwhile?

To Nickelsville, which is still looking for a permanent home!

Tags: Nickelsville, Mayor+Greg+Nickels, homeless, Discovery+Park, United+Indians+of+All+Tribes, Daybreak+Star

Juan Melendez & The Case Against the Death Penalty

Death row exoneree Juan Roberto Melendez spoke tonight at the Seattle University School of Law, telling of his nearly 18 years on Florida’s death row for a murder he didn’t commit. Juan described a short trial, which the judge still complained was too long; with evidence including a confession from the real killer emerging years later.

Juan talked about his anger on death row, and other prisoners befriending him and teaching him to read and write English and more.  He described the deaths of many of his friends on death row itself, through suicide and a friend who died of a heart attack or stroke on the exercise area. His friend collapsed while playing basketball.  The guards called for the nurse, a white man who was chewing and spitting tobacco, just took his time getting there, then getting the oxygen, then saying that one was empty and he would need to go back for another one.  Juan asked why couldn’t mouth to mouth resuscitation be done.  The nurse responded with racial epithets why he wouldn’t help a black man.  Juan finally convinced them to let him try, but it was too late and his friend died in his arms.

Juan talked about considering suicide himself, and even bribing the guard for a plastic bag to tie up and hang himself with (as some of his friends had); but deciding to sleep on it and having a dream of his childhood in Puerto Rico involving swimming with dolphins and his mother smiling on the shore.  His rediscovered faith and his mothers and aunts got him through.

Eighteen years is a long time, but at least Juan was exonerated in time.  What if it was too late? Consider this – that he was the 99^th death row prisoner exonerated since the death penalty was reinstated in the U.S. in 1976, and there are now 127.  That alone should be reason enough to reconsider and abolish it once more (as most civilized countries, including Canada, Mexico and the entire European Union have).  Truth is, it’s just revenge; but what if it turns out you took revenge on the wrong man (or woman, as has happened as well)?

For more information on the death penalty see:

Amnesty International: http://www.amnestyusa.org/abolish

National Coalition to Abolish the Death Penalty: http://www.ncadp.org/

Washington Coalition to Abolish the Death Penalty: http://www.abolishdeathpenalty.org/

Tags: Juan+Roberto+Melendez, Seattle+University, death+penalty