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Jodie’s Interview

Jodie’s May 20, 2020 interview with The Crime Report about her memoir, “Love Behind Bars: The True Story of an American Prisoner’s Wife,” is a great read. Being biased and all, it is a penetrating interview that touches on many issues about the criminal justice system; most importantly about the death penalty.

Please feel free to share the attached link. These are rough times for criminal justice with so much misinformation being thrown about. Jodie does speak “truth to power.”

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Executions

They are a dirty business. They extinguish the life of an offender and dehumanize the people who carry them out per orders of the state.

Missouri just executed its 89th person since death penalty was actually resumed with the January 1977 firing squad execution of Gary Gilmore by the state of Utah following a 10-year notional moratorium on the ultimate punishment.

The state of Missouri tried Walter Barton five times before it managed to secure the sixth conviction that allowed the state on May 19 to kill him with a lethal dose of the powerful sedative pentobarbital. Even that sixth conviction could only pass constitutional muster with a narrow 4-3 vote by the Missouri Supreme Court.

Barton maintained from the moment of his arrest until the last moment of his life that he did not murder 81-year-old Gladys Kuehler at the Riverview Trailer Park in Ozark, Missouri on October 9, 1991.  

That’s all this nation needed in the middle worst pandemic in modern history—the execution of an innocent man by a state that had seen 671 deaths from the Covid virus at the time of Barton’s execution.

Because the support for innocence was so great in the Barton case (as evidenced by his five trials, two of which resulted in hung juries, and the narrow 4-3 vote by the state’s supreme court upholding the sixth conviction), Missouri officials should have followed Texas’ lead by putting a hold on executions during the pandemic crisis.

But official decency was not in the cards for Walter Barton. He was dealing with state officials who apparently believe that executing a potentially innocent man is one of the state’s “essential services.”

I understand there is probably little social empathy for the callousness of Walter Barton’s execution at a time when the number of Covid deaths in this nation will pass 100,000 before this holiday weekend passes.

But, hopefully, in the midst of so much death and the soul-crippling grief it produces, some will understand not only the callousness of Walter Barton’s execution but the pale beyond which it places all our humanity.

God forgive us all if executing people in the middle of a pandemic is considered an “essential service.”

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Freedom

“Your freedom ends where my nose begins” has its historical origin in Abraham Lincoln’s quote that “my right to swing my fist ends where your nose begins.”

Freedom is the right to do one’s duty, not a right to do as one pleases.

n other words, freedom is not an elective by the individual to decide what, when, or where to undertake their pleasures, wants, needs or desires. Individual freedom is restrained by the rule of law—a duty to obey laws that restrict or require certain kinds of behavior.

An unidentified New York barber believed, like many others, that he  had a personal freedom right to openly defy the state’s “stay-at-home” order issued by Gov. Andrew Cuomo during the pandemic crisis. Under the governor’s “New York Pause” policy, barbershops, beauty and nail salons, and “other personal hygiene” services were ordered to close to staunch the spread of the Covid-19 virus.

Gov. Cuomo and the national media recently reported that this unidentified barber has tested positive for the Covid virus and has infected at least a dozen of his customers.

There is a boat load of civil negligence involved in this barber incident.

The barber was negligent by keeping his shop open in defiance of the stay-at-home order and the twelve customers bear responsibility for what is known as “contributory negligence.” They contributed to the barber’s negligence by entering the shop for a haircut knowing that it was opened in defiance of an executive order that it be closed.

A civil jury I’m sure will ultimately decide what degree of negligence all the parties are responsible for—and based the measure of liability on the percentage of negligence involved.

In a legal context, the unidentified barber can be charged if any of his infected customers die from the Covid virus with involuntary manslaughter under New York law. Involuntary manslaughter is a homicide caused by the recklessness of another.

The unidentified barber recklessly infected 12 people with the Covid virus. If he survives, he should be indicted, prosecuted, and jailed and/or fined. He should be forced to relinquish his barber’s license.

Business owners like the unidentified barber operate much with the same mentality as auto manufacturers and the tobacco industry that produce dangerous product: profits from their flawed products will generate enough bottom-line money to cover the costs of any liability those products may incur because of their flaws. Put simply, profit before people.

What the profit-before-people mindset fails to consider, much less care about, is that freedom of society to be safe from harm caused by reckless individuals or mass producers is supported by a state-imposed rule of law that exceeds the freedom to do business in an open economy. This freedom is more commonly known as “product safety” which is protected by a host of “consumer protection” laws.

Right now the reopen the economy folks are welcoming consumers into their bars, restaurants, and “beauty” salons—all of which make people feel good, look good (I know that is debatable in some cases), and express happy talk. As the song says, “there’s no place I rather be than right here with my red neck, white socks and Blue Ribbon beer.”

Most of these folks will have a good time this summer making and spending money—so much so that they will not see old Grim Reaper in the corner whispering to this Comrade down below, “Oh, yeah, I got your number, motherf****r … my Man downstairs got the coal fires waiting for you stupid ass.”

And the Grim Reaper, who doesn’t mind working overtime, will come calling this fall to fulfill the prophecy that this winter will be the “darkest in modern history.”

And it will be grandma and grandpa, or momma and daddy, who will pay the price for this wide open, unchecked, unmanaged experiment in social stupidity.

But, by all means, “let freedom ring!”

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Pandemic Prison

I know prison. I spent 40 years, 4 months in the Louisiana prison system—ten of those years in a “lockdown” cell (more commonly known as “solitary confinement”).

I got to know prison fairly well, learning not only how to survive but actually thrive in its compressed society. It is no small feat to survive in a world separated from humanity. The social isolation can penetrate deep into the soul forcing the individual to create their own humanity.

I rejoined humanity when I was paroled in 2006.

I am married to my wife of 38 years. We have a beautiful home in the Texas Hill Country from whose porch we can look across an expansive valley and see a Mexico-like range of hills in the distance.

I am still under parole supervision. I have never once had contact with law enforcement, never missed paying my parole fees, never tested positive for any drug use, and every year have paid unto Caesar what is due Caesar.

Fifty-five of my 75 years on this earth have been spent under one form of custodial supervision or another.

In a word, I am intimately familiar with the restrictions imposed by social isolation.

My wife and I are both in the “high risk” category. I survived a 10-hour open heart surgery in 2011 that placed a metal valve in my heart, a pace maker in my chest and unclogged three arteries. My wife survived breast cancer surgery and a bout of near-fatal C-Diff following that surgery.

I sit on my front porch in the late evening with a glass of ice tea in my hand, surrounded by three wonderful rescue dogs at my feet. I accept that I will die under Louisiana parole supervision isolated in what has become a pandemic prison.

As a spring breeze whistles from the sun into the shade, I am forced to look at the sum of my life and wonder, between sips of ice tea, what purpose did a single day in that life serve.

Peggy Lee’s lyrics “Is That All There Is” play softly in the recesses of my brain as they once did when I relentlessly paced the floor of a solitary cell waiting to be escorted to the Louisiana electric chair. 

I’m sure most people confined in this new social isolation have also been forced to look back over the landscape of their lives and hear the whispers “only if” as fear and economic woes paralyze their normal thought processes.

Uncertainty about the future, sorrow for a lost loved one, and the fear of a ventilator has forced many—too many actually—to pace the floor in the solitary confinement of their thoughts praying for a way “to get through this.”

“Let tomorrow be better, my Lord – and if you must take someone, please take me and not my children,” they plead, not knowing if their entreaty will be heard.

I am more fortunate than many and less fortunate than some. I am still employed and can pay the bills. My wife and I grieve for those who cannot—those who must pray for the survival of their loved ones while struggling mightily to put the next meal on the table.

I reach down and massage Fred’s neck, my second rescue dog that I may have to put down in the near future. I will hold him in my arms as the lethal injection stops his heart if that becomes necessary.

I wonder how many have not been able to hold the hand of someone dear to them in the moment of passing during this pandemic.

I suspect that most of the loved ones of the more than 83,000 that has succumbed so far to the deadly virus missed the final moment of passing. They are this day, and will be for many more days, torn by the grief that their loved one lay utterly alone amidst the beeps, blares, and human activity of an ICU room or hallway when death came to claim them

The “Is That All There Is” lyrics now play in their thoughts as they come to grips with the grief that only human loss can produce. A loved one is gone and others remain in grave danger.

A sense of helplessness terrifies the soul. Grown men cry alone in the dark as the words of their child burn like white-hot ingots in their brain, “It’s alright, daddy, I wasn’t hungry anyway.”

That is the pandemic prison—the “new normal” where interests of the individual have been displayed by the survival of the group.

Covid-19 does not give a moose f..k about AR-15s, flag waving, and shouts about “my rights.” It’s not afraid of the Secret Service or Seal Team Six, much less some gun-toting yokel on the capitol steps with a glass of bleach in one hand and a strobe light in the other.

The lesson of Covid-19 will be that the Home Castle, not herd immunity, is what saved the group. Even though it will force each of us to confront our worst fears and endure the regrets we have stockpiled in life, the pandemic prison will teach us not only how to save humanity but to save our own souls in the process.

Like so many others, I will die in the pandemic prison, either with the virus or because of it. I am an old man now in the twilight of life. Death is a fixture in my idle thoughts.

Covid-19 has done this to each of us. We have seen the unclaimed bodies deposited in mass graves and the dead stored in refrigerated 18-wheelers. They have forced us to ask, “Is That All There Is?”

But until the final breath I will enjoy the ice tea on the front porch, the love of my wife, the worship of my dogs, and give thanks to the many good people I have encountered along the ramparts of this blessed life.

My advice to others is this: seize the moment, enjoy those that love you, and reserve a special prayer for those locked away in nursing homes and prisons surrounded by fears of the worst. They are truly alone in prisons worse than our pandemic prison.

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Beyond stupidity

I have spoken a number of times about this increasing American cultural trait: stupidity. It permeates those divisive, hate-driven pockets of our diverse society which, in some areas, has turned on itself in a time of its worst health crisis.

That’s what happened at a Family Dollar store in Flint, Michigan last Friday.

Stupidity, fueled by anger, created a tragedy at the store.

It began with an argument over a face mask.

An executive order from the governor’s office is in place in Michigan requiring the wearing of a face mask in stores such as the Dollar store. Calvin Munerlyn, a father of nine, was hired as a security guard at the store, specifically charged with the responsibility of making sure that all customers wore face masks inside the store.

Sharmel Teague and her adult daughter entered the Dollar store last Friday. The daughter did not have on mask. Munerlyn told the woman she would have to leave the store. That set Teague off in an angry rant about the face mask requirement.

Teague and her daughter stormed out of the store. The pair apparently went home where Sharmel riled up her husband, Larry, and a family friend named Ramonyea Bishop. The trio, their common sense gripped in the throes of stupidity, returned to the Dollar store where they confronted Munerlyn, setting off yet another angry rant egged on by Sharmel.

The argument ended abruptly when 23-year-old Bishop put a gun to the back of Munerlyn’s head and pulled the trigger. The security guard later died in a local hospital.

Right now Sharmel is sitting in a Flint jail cell where husband and Bishop will soon join her after the police locate and cuff them.

Sometimes, beyond tragedy, stupidity produces poetic justice.

Inmates in the Genesee County jail where Sharmel sits are required to wear face  masks. Her stupid husband and their idiotic friend Bishop will also have to wear a face mask once they change out of their free world garb into a jail jumpsuit.

The chances of the trio getting the Covid virus have increased by about 500 percent.

The heartbreak is that the Munerlyn family is now shredded by grief.

The Teague family will spend years in prison—if they can scurry about the recesses of a jail and prison environment where the Covid virus lurks and survive its clutches.

Hate and anger have the entire state of Michigan in a vise-like grip. Seething, simmering cultural and racial divisions, fueled by some elected officials, have boiled to the surface as the Covid virus eats away at both the medical and mental health of the state.

The Teague’s were byproducts of this cultural rage.

Munerlyn is yet another fallen hero from the ranks of first responders. He died trying to keep the rest of us safe.

Beyond stupidity.

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