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Showing posts with label death. Show all posts
Showing posts with label death. Show all posts

Wednesday, April 17, 2013

Farewell, Iron Lady



The cortege passes along Fleet Street towards St. Paul's Cathedral for the funeral of former
Prime Minister Margaret Thatcher (inset). (Composite Photo)

Earlier today, thousands of Margaret Thatcher's relatives, friends and countrymen(and women) gathered at St. Paul's Cathedral in London for the former prime minister's funeral. While much of the media coverage and commentary has focused on ancillary matters--yes, her nineteen-year-old granddaughter was beautiful and eloquent, and yes, President Obama did not attend, nor did he send Vice-President Biden (thank God) or another cabinet-level member of his administration--I thought it would be appropriate to pay tribute to the woman herself. As much has been said about the Iron Lady, one can't overdo honoring the life and legacy of a figure as great as the Rt Hon. Baroness Thatcher.

First, a brief primer: Margaret Thatcher was born Margaret Hilda Roberts on 13 October 1925 in Lincolnshire. She was elected to Parliament in 1959 and became leader of the Conservative Party in 1975 and Prime Minister in 1979. Now for the interesting stuff. 
 
Thatcher's route to Parliament was not only unusual but extraordinary. She earned a degree in chemistry from Oxford and worked as a research scientist--you may have heard about her role in the creation of soft-serve ice cream--before marrying, studying law and eventually becoming a barrister. She made three unsuccessful runs for Parliament before being elected from Finchley (a now-abolished constituency in what was then the County of Middlesex), which she represented until her retirement in 1992.
 
Years ago I was pleased to make the acquaintance of Jill Knight, Baroness of Collingtree, who served with Thatcher in the House of Commons for 30 years. She recalled how, during the '70s, there was a great schism between Mrs. Thatcher and Ted Heath, whom she succeeded as leader of the Conservative Party. While Heath was Prime Minister, from 1970 to '74, Thatcher served as Secretary of State for Education & Science. The two did not see eye-to-eye on many issues, and a rift soon developed between them (not unlike the erstwhile division across the pond between the Goldwater conservatives and Rockefeller Republicans in the GOP). After being swept out of power in the 1974 elections, the Conservatives replaced Heath with the younger, more libertarian-minded Thatcher.
 
To understand the significance of Thatcher becoming leader of the Conservative Party, you need to be familiar with British postwar political history. (No, don't stop reading!) While World War II invigorated a depressed American economy and arguably left the United States as the world's lone superpower, it devastated Great Britain.  This loss of capital was compounded by a sharp decline in the birth rate caused by the deaths of many British men during World War I. Out of this emerged a "collectivist consensus" that transcended political parties: a generous, broad-based welfare state was needed to alleviate the widespread hardship caused by the War and support those who (suuposedly) had no other means of support. Often referred to as "Butskellism" (after Lord Butler, a Conservative who served as Chancellor of the Exchequer from 1951 to 1955, and MP Hugh Gaitskell, Leader of the Labour Party from 1955 to 1963), this consensus gave rise to policies that effectively transformed the U.K. into a social democracy and that were perpetuated by seven prime ministers, including Heath, until by the late 1970s the stagnant British economy was plagued by excessive taxation, routine strikes, high inflation, mounting deficits and a government that seemed both hyperactive and incompetent.
 
So when the Conservatives replaced Sir Edward with a true conservative who appropriately denounced many of these policies as socialism akin to the policies imposed on many eastern European peoples. After regaining power in 1979, the Conservatives, led by Thatcher, set about scaling back the welfare state, reducing taxes, deregulating key industries, privatizing government entities and limiting the power of trade unions. Though much of the rabble who had become accustomed to suckling at the government teat pitched many a fit, a majority of the electorate supported Thatcher's agenda and kept her in power for nearly twelve consecutive years, the longest uninterrupted prime ministry since the Earl of Liverpool.
 
All good things must come to an end, though, and in 1990, facing a growing rebellion from within her own party, the Iron Lady resigned. Of all the explanations floated for her sudden decline in popularity and eventual downfall, one particular policy deserves special attention. Thatcher had long advocated replacing the rates system (under which local government services were funded by ad valorem taxes) with a poll tax. In 1987, she got her wish, and the rates were replaced with the Community Charge, which assessed a single flat-rate per-capita tax on every adult. The policy was very unpopular, particularly with large families, and Thatcher's successor, John Major, made good on his promise to abolish it shortly after taking office as prime minister.
 
Thankfully for the U.K., much of her legacy was more durable, and the country has remained an economic power on the world stage to this day. Not all Britons are grateful for the many ways in which she saved them from another devastating (and likely irreversible) collapse. For all the talk about the stereotypical "ugly American", our brothers and sisters in Mother England have shown over the past week that Respect for the recently departed is not a custom they wish to observe. Labour MP John Healey, the Henry Waxman of South Yorkshire, actually called Thatcher's legacy "too bitter to warrant this claim to national mourning."
 
"Churchill . . . unified the country, while Margaret Thatcher divided it," he told the Guardian.
 
One of Healey's colleagues, Respect MP George Galloway, similarly praised one of the country's most revered leaders while maligning Thatcher.
 
"We'd be conducting this conversation in German if it was not for Mr. Churchill," he spewed on BBC2's Daily Politics. "He saved the very existence of this country, while Mrs. Thatcher did her best to destroy what was good about this country and did destroy more than a third of our manufacturing capacity, reducing us to the state we're in now." 

Of course, the Baroness Thatcher was one of those leaders so confident in her principles that she was never phased or deterred by the petulant (and, in Mr. Galloway's case, historically inaccurate) jeers of her detractors. In fact, she relished confronting them; just watch some old clips of her taking questions (a term that apparently has quite a broad definition when it comes to the British Parliamentary tradition of the Prime Minister's "Question Time") from the opposition during her tenure as Prime Minister.
 
She confronted challenges, both at home and from abroad, with a courage and boldness unlike any British PM since Churchill. To be sure, Tony Blair displayed a confidence in his own policy agenda and was steadfast in his support for the War on Terror, including Operation Iraqi Freedom, amid vocal opposition from the British people, but his affable demeanor and disarming mien didn't convey quite the same resolve (or instill fear in his enemies) like the Iron Lady's steely disposition and forthright rhetoric. ("You turn if you want to. The lady's not for turning.") While a lot of us had high hopes for David Cameron, he has yet to emulate the qualities that made Margaret Thatcher such an effective and successful leader.

Not all hope is lost, though, and as the United Kingdom--and the party of Disraeli and Churchill--bids farewell to another of its finest leaders, let us not just remember her many achievements but also take note of her philosophy and contemplate how it might be applied to solve our present-day problems.

Friday, December 14, 2012

Tragedy, Unadulterated

 
(REUTERS/Adrees Latif) 

Let's start by acknowledging a painful reality: There's no way to make sense of what happened this morning in Newtown, Connecticut. It was a senseless act of violence that killed over two dozen people, most of them children, right before Christmas. Even if we’re able to ascertain the shooter’s motive, there’s no justification for his actions.

I tried to find the right words to appropriately address this mass shooting, but then I realized that it really doesn’t matter. Anything that is said about this could do no more than incrementally alleviate or compound the pain it’s caused.

I was reminded of another horrifying calamity at a schoolhouse. One that occurred close to home, but far back in time.

On March 18, 1937, the London School in New London, Texas exploded. 311 people were killed, mostly children. Never before and not since has a single occurrence at a U.S. school taken so many lives. 

Like Newtown, New London was (and still is) a quiet community nestled in rural arcadia. One could hardly have blamed its denizens from feeling insulated from the worst of the world. The London School Explosion, of course, was caused by a gas leak, not an act of human malice, but I don't suppose that made it any easier for the hundreds of bereft to take. 

If you crave something therapeutic, some words that might soothe or comfort your soul in the wake of this awful news, then I'm afraid I won't be of much use to you, but here’s a sentiment from one of my old college chums, via Facebook:

My heart is broken to hear about the horrible tragedy in Connecticut. How sad it is to think that even the most innocent children are not safe from the horrors of the world. As we pray for all those involved, please take a moment to cherish your own loved ones.
Do not feel guilty if your appreciation of getting to spend time with your loved ones this holiday season is in any way enhanced by what happened at Sandy Hook Elementary this morning. Any good that can come of this tragedy will be in affront to the unmitigated evil that perpetrated it.

Monday, August 20, 2012

Phyllis Diller, R.I.P.

Photo from a discarded box I found in the alley.

This afternoon, I turned on the television, lamenting the sudden case of laryngitis that killed my plans to make a YouTube video today, and was soon hit with a flurry of developments worth blogging about. I could analyze what transpired at today's surprise press conference, President Obama's first at the White House since this Spring, or I could weigh in on the manufactured controversy surrounding Rep. Todd Akin's remarks about "legitimate rape" victims, or I could discuss Condoleezza Rice's historic admission to the Augusta National Golf Club. What ultimately prompted me to cut my wallowing in self-pity short, however, was the sad news that Phyllis Diller had passed away.

Phyllis rose to fame in the 1950s and '60s as a female stand-up comic (a rarity at the time) and soon landed her own TV series. Though The Phyllis Diller Show went off the air after only one season, its star continued to find work and introduce herself to younger generations. I personally got to know her watching old episodes of Matchgame on the Game Show Network and later through her appearances on such Disney Channel series as Boy Meets World and Even Stevens. Many of my contemporaries--and younger Americans--may not recognize the name Phyllis Diller but are probably familiar with her distinctive, cackling voice; in the past fifteen years, the aging comedienne supplied the voices of characters on Animaniacs, King of the Hill, The Wild Thornberrys, Hey Arnold!, The Adventures of Jimmy Neutron: Boy Genius, The Powerpuff Girls, Robot Chicken and Family Guy, recording her last voice over on the cusp of her 90th birthday.

Diller's influence can be seen even among today's comedians. Prior to breaking out in her own right, Joan Rivers wrote for Phyllis. She was a guest on the first episode of The Chelsea Handler Show, during which the title character recognized her as "the first female comedian." An ebullient and enduring gift to humanity, Diller died in her sleep at her home in Los Angeles. R.I.P.

Monday, July 23, 2012

When Something Like This Happens...

I first became aware of the mass shooting at an Aurora movie theater that left at least a dozen individuals dead and dozens more injured on Friday afternoon, as I was finishing up some work at the law school before heading back to the Metroplex for a family reunion. As is often the case with these sudden, horrific events, I learned more as the day went on. Predictably, some initial reports turned out to be erroneous or misleading, but the tragic facts remained mostly the same.

In a way, I suppose it was fitting that I could spend the weekend with my extended family--some of whom I only see once a year--after learning of such a gruesome tragedy; people react to this kind of news differently. If you weren't among the injured or bereft or those who escaped (physically) unharmed--that is, if you have no personal connection to the shooting--then it's natural to feel helpless; this wasn't something on par with 9/11 or Pearl Harbor (in terms of consequence and the number of casualties), so there's not a sudden need for hordes of volunteers. Humanity compels us to want to do something and feel disappointed/helpless when we realize there's not much we can do but pray and offer our condolences and try to get on with our lives.

I'm reminded of that familiar refrain, "When something like this happens". It may be a prelude to a condolence offered by a friend/neighbor/relative of someone who lost a loved one in the slaughter. It may be how a grief counselor begins his/her effort to console a survivor. Such words were probably spoken at churches, temples, mosques, tabernacles etc. across the country in the past 72 hours. It's just such a common way of beginning a sentence when you know words are powerless to cure the sufferring wrought by such a senseless and devastating act of violence. 

I was blessed to enjoy a weekend in the company of some of the people I love and care about most in the World. As usual, four generations were present in the flesh, and we had several first-timers at the reunion this year: there was Timmy, my youngest 1st cousin, born last September; Samantha, who was born to my second cousin Chad and his wife Krista in January; Jeremy, who just got engaged to my cousin Jenna last weekend, and his brother Ryan; and a small group of locals who knew my grandmother and her siblings growing up. (This was the first time we had held the reunion in Boyd, my maternal grandmother's childhood home. Her parents moved there from Arkansas in the 1920s and lived there until their deaths. She was the fourth of eight children, seven of whom survived infancy. Five of them are still alive today, and four showed up for the reunion.)

Wednesday, December 21, 2011

The Freedom Fighter and the Farce

This past Sunday, we learned of the deaths of two world leaders. Former Czech president Václav Havel died in Vlčice at age 75, and Korean Central Television reported that Kim Jong-il had died of a massive heart attack Saturday morning.


It seems fitting to do a compare-and-contrast piece on the lives and legacies of these two men; one a Communist dictator, the other a dissident who rebelled against Communism and spent many years in jail. While one made human rights a focal point of his career and even chaired the New York-based Human Rights Foundation, the other presided over a government that Human Rights Watch called "among the world's most repressive". The similarities between the two leaders extend far beyond their status as heads of state, however. Both emerged as major players on the world political stage in the late 20th Century, and both led storied personal lives, the details of which we may never be sure of. Perhaps most noteworthy is that both men were born into powerful families.


Havel was born in Prague in 1936. His father, Václav Maria Havel, was a wealthy entrepreneur who owned various high-dollar real estate properties throughout Bohemia. Havel's mother, Božena Vavrečková, was the daughter of an ambassador and well-known journalist. The Havel family was closely connected with the Czech cultural and political scene, and it was Bozena herself who encouraged young Václav to convene his first literary circle. Kim Jong-il, meanwhile, was born Yuri Irsenovich Kim, according to Soviet records, in the small Russian village of Vyatskoye in 1941. His father, Kim Il-sung, commanded the 1st Battalion of the Soviet 88th Brigade, made up of Chinese and Korean exiles.


1948 proved a pivotal year in the lives of both men and their families (as well as millions of other people). In February, the Soviet-backed Communist Party of Czechoslovakia took over the Czechoslovakian government. Havel's family holdings were seized by the authorities. Then, on May 1, the Democratic People's Republic of Korea was officially founded. Kim Il-sung was installed as prime minister September 9th.


While Kim purportedly composed six operas in two years and enjoyed staging elaborate musicals, Havel actually wrote more than 20 plays, including The Garden Party (1960), The Memorandum (1965) and The Increased Difficulty of Concentration (1968), all of which were performed at the famous Theatre on the Balustrades ("Divadlo Na zábradlí") in Prague. "The cultural tradition prevalent in his family focussed Havel's attention on humanistic values of Czech culture which were suppressed in the fifties," according to the former president's official biography on the Prague Castle web site. He also wrote countless essays and worked as a magazine editor.


Following the Soviet invasion and crackdown in 1968, the government banned Havel's plays and sent him to work at a brewery. Not even the rank fumes of totalitarian swill could stifle his prosaic propensity, however. He was the principal author of Charta 77, a kind of dissident manifesto that gave rise to an anti-Communist movement among a section of Czechoslovak citizens.


While Havel was repeatedly being jailed and released by the Communist government, Kim Il-sung was grooming his son as the heir apparent to his all-powerful position. In the 1970s, Kim Jong-Il moved quickly through the ranks of the Korean Workers Party (Communist) hierarchy, eventually becoming a member of the Central Committee, the Military Commission, and the politburo. He assumed the title "Dear Leader" (친애하는 지도자) and was made a member of the Seventh Supreme People's Assembly (whatever that was) in February 1982.


If there was a singular event that marked the death knell of Communism as a major statist force/threat, then it was probably the fall of the Berlin Wall on November 9, 1989. Eight days later, riot police suppressed a peaceful student demonstration in Prague. A series of popular, largely nonviolent demonstrations followed, and by November 20th the number of peaceful protesters assembled in Prague had swelled from 200,000 the previous day to an estimated half-million. A two-hour, nationwide general strike was successfully held one week later. The following day, the Communist Party of Czechoslovakia announced that it would relinquish power and dismantle the single-party state.


At the center of this so-called Velvet Revolution was Václav Havel, who along with other members of the Charter 77 dissident movement founded Civic Forum (not to be confused with the online symposium for Honda Civic owners/drivers). After Pres. Gustáv Husák resigned on December 10, Havel was elected president.


According to at least one Havel biographer, it was at this pivotal time that Havel's Machiavellian side emerged. Alexander Dubček, the one-time leader of the Communist Party of Czechoslovakia whose attempted liberalization was crushed in 1968, looked to be the likely choice to take over as president during this transitional period, but Havel deftly ushered him aside and was reelected in 1990, when what was then Czechoslovakia held its first free elections. Dubček had to settle for being Speaker of the Federal Assembly. Compare this to Kim's early days on the KWP Central Committee; he reportedly wrested the post of party organization secretary from his uncle in September 1973 and used his position as head of the Organisation & Guidance Department to purge the KWP of those not sufficiently loyal to his father. He became Supreme Commander of the Korean People's Army in 1991.


Havel lost the presidency in 1992, shortly before his country split into the Czech Republic and Slovakia. The following January, he was elected the first President of the Czech Republic. That same year, Kim Jong-il assumed the role of Chairman of the National Defence Commission in North Korea. After his father's death in 1994, Kim succeeded him as supreme leader of the God-forsaken Communist state. In 1997, he officially took over as both Chairman of the Military Commission and General Secretary of the WPK.


As president of the Czech Republic, Havel led his country into the OECD and NATO and laid the groundwork for its 2004 accession to the European Union. He left office in 2003, the same year that North Korea began participating in six-party talks sponsored by China that went absolutely nowhere. At the very least, Kim Jong-il can tout his country's acquisition of "the bomb" as an achievement during his tenure.


The contrast is striking: one man led a government that propogated fantastic tales of its leader's musical talent, athletic prowess and influence in the fashion world, the other actually lived an incredible life, accomplishing feats that lesser men could not have.


Havel and Kim were both powerful men during their lifetimes, and now they are no more. But, while one leaves behind a legacy of leadership marked by courage in the face of oppression by a brutal Communist regime and shepherding his country through a peaceful transition from a Soviet-dominated police state to a democratic republic, the other will be remembered as an evil dictator, a nepotist clown who presided over the mass starvation of his own people and whose actions led to the further ostracization of his already isolated state. While Havel rebelled against the intimidating power of the Soviet Union that had supported Czechoslovakia's Communist government for over 40 years, Kim Jong-il spent his time as supreme leader trying to model his state after the former U.S.S.R. in a futile attempt to attain that unattainable goal, a socialist paradise. North Korea was only a paradise for the Kim family. Havel, meanwhile, is experiencing true paradise right now, in the eternal kingdom of the Almighty.

Sunday, December 18, 2011

Christopher Hitchens: A Man of Faith...in Himself

When I heard that Christopher Hitchens, the short, pudgy, British athiest, had died, I immediately wondered, What happened to his soul?

The self-described “anti-theist” wallowed in obscurity for much of his career but gained international renown for his 2007 best-seller God is Not Great. I'll refrain from making specific comments on the book because I have not read it and probably never will, but I want to call attention to something Hitchens said while promoting his magnum opus back then.

After the death of Rev. Jerry Falwell, Hitchens appeared on CNN. When Anderson Cooper asked him if he thought Falwell had gone to heaven (qualifying it by acknowledging that he didn't know whether his guest believed in an afterlife), Hitchens responded, "No, and I think it's a pity there isn't a hell for him to go to."

There's so much wrong with that statement that I don't quite know where to begin. Hitchens went on to make numerous incedniary remarks about Falwell throughout the interview, calling him "evil", "a little toad" and an "ugly little charlatan", among other things, but that first remark really stood out to me and other Christians who saw/heard it. It encapsulated Hitchens's view of Judeo-Christian beliefs in general and specific religious leaders. Granted, Hitchens had a special disdain for Falwell and those like him, the so-called "televangelists" who appeared to serve mammon over God, but his contempt for organized religion and people of faith went far beyond feelings that many of us share about the more reprehensible among us who, in addition to using Christianity as a profit-making tool, poison society with irrational, bigoted messages of intolerance.

Hitchens believed it was possible to lead a moral, ethical life without God (who he always referred to as "god"). He discounted the myriad ways in which people's faith had motivated them to do good, even great, things for mankind. To his credit, he was an equal-opportunity offender, writing frankly about the atrocities perpetrated by radical Islamists in the name of "Allah", which many so-called journalists who shared his beliefs (or lack thereof) refused to do. He also didn't shy away from intellectual discussions or fervent arguments with those who challenged him. I can recall watching him spar with the likes of Sean Hannity and Laura Ingraham on FOX News. This is not to say he couldn't be condescending; he was so confident in what he believed that, even when he was facing off against someone he respected, he exuded arrogance and hauteur. His ovoid visage, sallow skin and English accent made him almost like a caricature of the stereotypical obnoxious, left-wing faux-intellectual, but I return to my original question: what became of his spirit after his body expired? Is he burning in Hell? For that matter, I wonder, since he so adamantly believed there was no God, no heaven or Hell, no afterlife, whence did he think his soul came from? I suppose I might find the answer to that last question in some of his writings, but being a full-time law student, I haven't much time to read for pleasure. (Then again, I have no guarantee that reading Hitch's polemic prose would be pleasurable.)

Saturday, December 10, 2011

Not Your Typical Saturday

This was an emotionally draining day.

This afternoon we laid my grandmother to rest. She went to be with Jesus last Sunday, and I traveled to Arlington yesterday for the visitation and funeral. My mother wanted me to speak at the service. A series of her friends and relatives spoke; I opened and closed. It was my first formal eulogy. I was very pleased with the turnout; that little chapel was packed. It was also the first time I was a pallbearer. After the service, we held a reception at this nice place in southwest Arlington called the Ventana Grille. Nearly all of the relatives who came to the funeral showed up, which really meant a lot, especially since some of them had to drive all the way back to Houston that evening. I myself had to drive back to Waco, where I learned that Robert Griffin III had won the Heisman Trophy. Now that was exciting. No Baylor footballer had ever won the Heisman before. Naturally, I and the rest of the Baylor Nation were very excited.

There's a tie-in here: my maternal grandfather and his brother attended Baylor back in the '40s. I didn't learn this until I had started college, but I think that my grandparents came down here while I was an undergrad. I was glad to have the chance to walk around the campus with my grandfather, especially since after he succumbed to Alzheimer's disease and died in 2008. His deterioration and death were a terrible blow to my Grammy, who was already dealing with serious health problems of her own. They had been married for over 55 years. She was never the same after Papa died. That was three and a half years ago. Now they are together again.

It's always appropriate to grieve after the loss of a loved one, but in the case of both my maternal grandparents, the worst tragedy was watching them decline and not being able to do anything about it. While I mourn the loss of my Grammy, we are all happy that she has been reborn and will spend eternity with her sweetheart in the kingdom of God.

Thursday, September 22, 2011

A Tale of Two Executions

Two men were executed yesterday. (Maybe more people were; this article won't discuss them.) You probably heard about one of them, a man named Troy Anthony Davis. In 1991, Davis was convicted of killing Savannah Police officer Mark MacPhail, who was moonlighting as a security guard at the time. According to the testimony of multiple witnesses, Davis pistol-whipped a homeless man in a Burger King parking lot and then shot MacPhail when he tried to break up the fight. As MacPhail laid bleeding to death in the parking lot, Davis reportedly walked over to him and shot him several more times before fleeing the scene. (One witness even testified that Davis "had a little smile on his face" when he shot MacPhail.) A Chatham County jury convicted Davis of murder, obstruction of a law enforcement officer, two counts of aggravated assault and possession of a firearm during the commission of a felony. He was sentenced to death for the murder.

Davis had become a cause célèbre in recent years, and not just on the Left. True, most of Davis's high-profile supporters were well-known liberals opposed to capital punishment, including Rev. Al Sharpton and his cohort Rev. Jesse Jackson, former Pres. Jimmy Carter, Archbishop Desmond Tutu, and some guy named Mike Farrell. Even the Pope personally appealed to the Governor of Georgia for clemency. But several well-known death penalty proponents–most notably former Congressman Bob Barr, former federal judge and FBI Director Bill Sessions, and former Texas Gov. Mark White–also joined the fray. (Sessions and White hold special clout with yours truly because both are Baylor lawyers who also earned their undergraduate degrees from the University.)

Speaking of Texas, I want to talk a bit about the other execution I referenced in the opening line of this column. Remember James Byrd, Jr., that black man who was chained to the back of a pickup truck and dragged to death in Jasper, Texas, back in 1998? Ever wonder what happened to the three men who were arrested, indicted and tried for Byrd's murder? Well, all three were convicted of capital murder. (Byrd's murder took place in the course of a kidnapping, making it a capital offense under the Texas Penal Code.) Two were sentenced to death. One of them, a white supremacist named Lawrence Russell Brewer, was executed by lethal injection last night in Huntsville. Did you hear about that?

I wanted to bring up these two executions for a number of reasons, but mostly because it presented the opportunity to do a small compare-and-contrast piece that touches on a slew of intriguing issues: capital punishment, due process, the writ of habeas corpus and, of course, race. That's right, race. Let me ask you something: if I were to say, about one of the aforementioned cases, “Race is everything in this case,” then which case would you guess I was referring to? The obvious answer would be the grisly killing of James Byrd, which few would argue was racially motivated. Yet a few years ago, Georgia Congressman and former civil rights activist John Lewis uttered those exact words in reference to the Davis case. The editors of the Nation (an actual magazine, I'm told) were even less subtle: "Davis is a black man convicted of killing a white police officer," they declared in a piece that will appear in the next issue, "and in Southern and Northern states alike, this fact alone will trump all others."

Never mind that seven of the twelve jurors who convicted Troy Davis and sentenced him to die were black, or that most of the eyewitnesses who implicated him in the shooting death of Officer MacPhail were black. Nope, it must be racism! Okay, okay, I'm being a tad facetious. No serious, intelligent person believes Davis was executed because of his race. Indeed, race was curiously absent from the arguments made on Davis's behalf by Reverends Sharpton and Jackson, two notorious race hustlers. Their appeal, like those made by most of Davis's high-profile advocates, centered on "serious doubts" about his guilt/innocence.

One line frequently repeated by Davis's supporters was that seven of the nine witnesses against him had recanted. That's misleading, to put it mildly. First of all, as Ann Coulter points out, "the state presented 34 witnesses against Davis -- not nine -- which should give you some idea of how punctilious the media are about their facts in death penalty cases." What's more, I don't know that seven of the witnesses against Davis actually recanted; some have merely rehashed doubts and second thoughts they had already voiced on the stand at Davis's trial 20 years ago. Darrell Collins, for example, signed an affidavit in 2002 saying police pressured him into pointing the finger at Davis. Not only did he make that same assertion on the witness stand, but according to CBS News, the "jury heard Collins back off a statement he'd given to police implicating Davis in the shooting." Another witness, Jeffery Sapp, testified at trial that Davis confessed to him just hours after shooting MacPhail. Years later, Sapp signed an affidavit saying he'd fabricated the entire confession. However, the jury knew that when they rendered their verdict. On direct-examination, Sapp acknowledged he made up part of a prior statement to police when he said Davis told him he shot the officer a second time to make sure he "finished the job." Then, under cross-examination, he admitted that he did not believe Davis when he confessed to shooting the officer. He also testified that his false statements were made for revenge due to a recent feud between him and Mr. Davis.

But wait, it gets better. Ann Coulter reports:


Among the witnesses who did not recant a word of their testimony against Davis were three members of the Air Force, who saw the shooting from their van in the Burger King drive-in lane. The airman who saw events clearly enough to positively identify Davis as the shooter explained on cross-examination, "You don't forget someone that stands over and shoots someone."

There were a couple witnesses who did genuinely recant. During the trial, Dorothy Ferrell had identified Davis as the shooter. At trial, with Davis in the courtroom, she testified that she saw him from across the street and was "real sure, positive sure, that that is him." In December 2000, she signed a handwritten statement saying she was telling police what they wanted to hear because she was on parole for a shoplifting conviction and feared returning to prison. "I don't know which of the guys did the shooting, because I didn't see that part," Ferrell wrote. Larry Young was the man assaulted in the Burger King parking lot. At trial, his testimony was used to establish that his assailant was Mr. Davis and not another man, Sylvester Coles, who Davis's defense had tried to point to as the real shooter. In his recantation affidavit, Young claimed that the police refused to allow him medical treatment and that his testimony was coerced. Like Ms. Ferrell, Mr. Young claims he testified by simply stating what the police wanted him to say.

To understand why these recantations were not enough to get Davis a new trial or at least a stay of execution, you need to know the details of the appeals process in this case. First off, Troy Davis did receive a stay of execution; in fact, he received several. The third was granted by the 11th Circuit Court of Appeals in 2008. After hearing oral arguments, they rejected Davis's appeal but graciously extended the stay for 30 days to allow Davis the opportunity to file a habeas corpus petition with the U.S. Supreme Court. This is where the case gets really fascinating for legal scholars like me: On August 17, 2009, the Supreme Court of the United States did something it had not done in nearly half a century: it sent a prisoner's petition for a writ of habeas corpus back to the federal District Court "for hearing and determination." To understand the significance of this, witness Justice Antonin Scalia's earnest dissent from the Court's opinion:



Today this Court takes the extraordinary step-one not taken in nearly 50 years-of instructing a district court to adjudicate a state prisoner's petition for an original writ of habeas corpus. The Court proceeds down this path even though every judicial and executive body that has examined petitioner's stale claim of innocence has been unpersuaded, and (to make matters worst) even though it would be impossible for the District Court to grant any relief. Far from demonstrating, as this Court's Rule 20.4(a) requires, “exceptional circumstances” that “warrant the exercise of the Court's discretionary powers,” petitioner's claim is a sure loser. Transferring his petition to the District Court is a confusing exercise that can serve no purpose except to delay the State's execution of its lawful criminal judgment. I respectfully dissent.
In re Davis, 130 S. Ct. 1 (2009) (Scalia, J., dissenting). Justice Stevens addressed his brother's arguments in a concurrence:


Justice SCALIA's dissent is wrong in two respects. First, he assumes as a matter of fact that petitioner Davis is guilty of the murder of Officer MacPhail. He does this even though seven of the State's key witnesses have recanted their trial testimony; several individuals have implicated the State's principal witness as the shooter; and “no court,” state or federal, “has ever conducted a hearing to assess the reliability of the score of [postconviction] affidavits that, if reliable, would satisfy the threshold showing for a truly persuasive demonstration of actual innocence,” 565 F.3d 810, 827 (C.A.11 2009) (Barkett, J., dissenting) (internal quotation marks omitted). The substantial risk of putting an innocent man to death clearly provides an adequate justification for holding an evidentiary hearing. Simply put, the case is sufficiently “exceptional” to warrant utilization of this Court's Rule 20.4(a), 28 U.S.C. § 2241(b), and our original habeas jurisdiction.

Id. (STEVENS, J., concurring). Bottom line: the Court overrode usual limits on death-penalty appeals, granted a stay of execution and ordered a federal court in Georgia to weigh Davis’ evidence of innocence. Left-leaning Washington Post writer Charles Lane provides an excellent account on what happened from there:


Chief Judge William T. Moore of the U.S. District Court in Savannah, an appointee of President Bill Clinton, convened the hearing in June 2010 -- whereupon Davis’ case crumbled. Much of his “new” evidence had already been heard by the original trial jury. Some of his witnesses fared badly on cross-examination, while prosecution testimony stood up.

Davis’ lawyers declined to put two of Davis’ purported recanting witnesses on the stand, though they were available – one even waited outside the courtroom. Judge Moore quite logically found these omissions “suspicious.”

Davis’ lawyers did not call the “real” shooter; nor did Davis, with his life on the line, testify. Perhaps this reflected his experience at trial, where he told his story to the jury, and the jury did not believe it.

In August 2010, Moore issued a 174-page ruling, in which he picked apart Davis’ factual claims one by one, concluding, “The vast majority of the evidence at trial remains intact.”

Nearly 30 years ago, then-Chief Justice Warren Burger wrote that the "argument ... that capital punishment is cruel and unusual is dwarfed by the cruelty of ten years on death row inflicted upon [a] guilty defendant by lawyers seeking to turn the administration of justice into the sporting contest that Roscoe Pound denounced three-quarters of a century ago." Troy Davis spent 20 years on death row. He was zealously defended by adept counsel, at trial and on appeal. Finally, after a nauseatingly interminable series of appeals, on March 28 of this year, the U.S. Supreme Court unanimously denied Troy Davis’s last petition for writ of habeas corpus.

Before I close this out, there is one more thing about these executions that I wanted to discuss. Despite the atrocious tragedy visited upon them, Byrd's immediate family actually opposed Brewer's execution. Hundreds of people, including Byrd's widow and three children, held a vigil at a church on Tuesday.

Betty Boatner, one of Byrd's sisters, told reporters they were "praying for his family as well as our family, and for the citizens of Jasper." she said her family had "already made peace with it a long time ago."

Byrd's only son, who was in military training when his father was dragged to death, echoed that sentiment.

"Life in prison would have been fine," Ross Byrd, now 32, told Reuters. "I know he can't hurt my daddy anymore. I wish the state would take in mind that this isn't what we want."

I cannot find the words to adequately express how moved I am by this family's incredible strength. I believe they are sincere, and I hope that the families of other victims of violent crimes are able to reach out to Byrd's relatives and that for help in coping with their loss and the understandable emotional toll it takes. (It almost made me forget about how a bunch of political hacks exploited this heinous crime in an attack ad featuring Byrd's daughter Renee during the 2000 election.)

Not all of Byrd's relatives opposed the execution, however.

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