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Mid-Missouri FOR News May 2003 |
P.O. Box 268 |
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May Headlines:Joe Amrine's Conviction is Finally Overturned Real justice, not just court procedure was served recently when the Missouri Supreme Court by a 4-3 vote, ordered the state to free Joe Amrine or to re-charge him within the next month for the 1985 capital murder of fellow prisoner Gary Barber. The St. Louis Post-Dispatch noted in a 2 May editorial, "In throwing out Mr. Amrine's conviction, the Supreme Court majority demonstrated a commitment to justice that has been sorely lacking from the governor, the legislature and the many federal courts that let him languish in prison." Indeed there seemed almost willingness by some officials to commit a miscarriage of justice in Amrine's case. Attorney General Jay Nixon in November 2001 after a federal appeal was denied, asked the Missouri high court to set an execution date for Amrine. State officials have executed six other men since, while Amrine painfully waited. Undoubtedly, the 2001 documentary "Unreasonable Doubt: the Joe Amrine Case," by John McHale and two other producers, played a factor in raising the public awareness about his wrongful conviction. Thankfully, the court set no date, instead agreeing to re-consider his claim of innocence in February. Judge Richard Teitelman, in his opinion for the majority (released on April 29) wrote, "It is difficult to imagine a more manifestly unjust and unconstitutional result than permitting the execution of an innocent person." The judge affirmed Amrine, through his attorneys led by Sean O'Brien, was able to raise "enough evidence of innocence to undermine the court's confidence" in his conviction and sentence of death. Amrine had been convicted based on the so-called eyewitness accounts of three other prisoners who said they saw him stab Barber. All three have since insisted they lied. "Because the recantations were made over the course of years and between rounds of federal court proceedings, " Teitelman notes, "no court has addressed, at once, all of the evidence of his innocence." Immediately after learning of the court's decision, O'Brien called his client at the Potosi prison. "I just hollered," recalled Amrine in a conversation with a Post-Dispatch reporter. "There must have been 45 guys around, playing cards and they all looked at me. I gave them thumbs-up (sign) and they started hollering too." He admits the thought of life outside the prison "scares me to death. I've been here (in prison) 26 years. We have a society in here with its own rules. But I'll give it a shot. I want to see my son" who was two years old when he was incarcerated. Amrine would be the third man, found to have been wrongfully convicted and sentenced to death, then finally exonerated among Missouri's condemned prisoners. We extend congratulations to Joe Amrine and his family on this awesome development. Hopefully freedom and true justice will be finally be given to Joe. back to headlinesEncouraging Missouri Supreme Court NotesFor Missouri capital prisoners, the state Supreme Court had largely been a rubber-stamp institution, routinely affirming county court decisions since 1977 when the state re-started its embrace of the death penalty. At least that was the case until March last year when Gov. Bob Holden appointed Judge Teitelman, making a majority of the seven judges appointed by Democratic governors.Since then, many encouraging developments have taken place. Last April, the justices stayed the execution of Christopher Simmons, who was 17 years old at the time of his crime. A few months ago, the court heard arguments to halt the practice of sentencing juvenile offenders to death. Simmons's attorneys contend the U.S. Supreme Court ban on executing mentally-retarded offenders should be extended to juveniles as well due to their level of culpability or relative responsibility, being lesser than that of adults. The state court is expected to announce their finding next month. The court has also overturned the convictions of two other capital prisoners, Kenneth Baumruk in August. He had been sentenced to death in the same courtroom where he was charged with killing his wife. New trials have yet to be scheduled for he and Danny Wolfe, who was convicted of killing a couple in Camden County, yet has a strong claim of innocence. Additionally, new sentencing hearings may take place for three other Missouri capital prisoners, including Ernest Johnson of Columbia, who was convicted of killing three workers at the Casey's convenience store. The seven judges unanimously decided Johnson's attorneys should have presented evidence of their client's mental retardation background, a condition that would exclude such affected individuals from death-penalty consideration. The court also will likely announce their findings, perhaps next month, with regards to Joe Whitfield's case. Jurors voted 11-1 to sentence him to life in prison without the possibility of parole, yet as Missouri law dictates in instances where the jury fails to reach a unanimous decision, the judge intervened and sentenced him to death. At issue is whether the U.S. Supreme Court's Ring decision, halting the death sentencing by judges, should be applied to Missouri's statutes in deadlocked cases. back to headlinesMissouri Supreme Court Stays Execution of John Smith Set for May 14The Missouri Supreme Court delivered more good news May 1, staying the execution of John Clayton Smith, originally set for the opening moments of May 14. The court, however did set an October date, as a "legalized" day state officials could immorally kill him.Apparently angry that Brandie Kearnes stopped dating him, Smith brutally knifed her to death in her home near Canton in northeastern Missouri in 1997. Smith also fatally stabbed her step-father Wayne Hoewing and injured her mother Yvonne Kurz, who thankfully survived. Smith was convicted and sentenced to death. Smith has expressed remorse for his actions and had asked that all of his appeals be dropped, hence he's known somewhat simplistically as a "volunteer," someone wanting to be executed. The state court has rescheduled Smith's execution for October. It was not immediately known why the court intervened. Without a doubt, Smith committed contemptible crimes, meriting incarceration. We extend our condolences to Mrs. Kurz and others still mourning the violent deaths of their loved ones. From the perspective of the F.O.R. though, a "death sentence" is never warranted and is truly just a vile mimicking of the violence, our society so rightly condemns. Our state further, should not be in the business though of granting death wishes to suicidal individuals, regardless of their crimes. The F.O.R. hopes that John Smith will opt to resume filing his appeals- recognizing the immense value of his own Creator-given life and the joyful and interesting possibilities presented by life, even when that entire life likely would be spent within a prison. back to headlinesA Forgiving Journey On July 12, 2002, Moore, a prisoner at the Jefferson City Correctional
Center, forced her into a rest room at the prison. He locked the door,
physically assaulted and tried to rape her and threatened to kill her. Peton,
who was visiting the prison as a volunteer, was held in the room for a tortuous
hour. She looked toward Moore across the courtroom and told him, "Dominic, I
forgive you. You are my brother and I love you. Do you hear me?" He nodded. She
continued, "I know you are far greater than what you have shown by your
behaviors in the past." The Mid-Missouri FOR condemns all violence, committed by the individual or the state. We stand unconditionally in support with the victims of brutality, including the thousands of women victimized by sexual assault, each year in our country. We are humbled and inspired by individuals like Peton who are struggling to promote healing of herself, her attacker and our society through nonviolent compassion and forgiveness. back to headlines33 Let us remember this month those students killed 33 years ago this month at Kent State and Jackson State. A couple of generations have passed since Allison Krause, Jeffrey Miller, Sandra Scheuer and William Schroeder were killed by Ohio National Guardsmen on the Kent campus on May 4. Ten days later, James Earl Green, just a 17 year-old high school kid, decided to take a shortcut home, through the Jackson State campus. City and Mississippi state police opened fire upon students protesting the Indochina war and the Kent State shootings. They fatally shot Green and Phillip Lafayette Gibbs. Thirty other people were wounded by gunfire. We are poorer by the futures snipped away from them all. Their deaths should also remind us of the ultimate price which can and has been paid by people of conscience refusing to tolerate militarism. Peace is the only way, but it's certainly not an easy way. back to headlinesAccessing War Information and Spreading Enlightened Words, to One Person at a Time Many of us have probably gotten information on the war and helped to convince others to take a stand against it. Gore Vidal has a new short book out called ''DREAMING WAR.'' It focuses on gas and oil and the Cheyenne-Bush junta. It really hits the nail on the head concerning U.S. leaders grand design of empire for central Asia. We must be patient and take time to explain to people that disagree with us, the facts of the situation. Occupying Iraq, a country of roughly 23 million people, will be a nightmare, something most U.S. citizens don't want anyway. We have an obligation, as men and woman of conscience, to convince people one person at a time. We must also realize that there are many conservatives that are against this war because they are not corporate champions. They want the United States to be a republic not an empire. Hypocrisy is the order of the government's day, as administration officials urge citizens to dutifully "honor the veterans." The same day Bush-Cheney spokespeople requested more than a $70 billion in additional military assistance to wage war upon Iraq, other point people acknowledged the administration would also incredibly be slashing veteran's benefits by $844 million. Peace activists must make alliances with all folks of conscience. So let us roll up our sleeves, be armed with the facts and explain to people the truth about this war/occupation. Ultimately such a respectful and educated outreach will help the tide change and save lives. back to headlinesLife Facing Death By Dennis Skillicorn Capital punishment is no new concept. It has been around for thousands of years. It remains in essence the same as it's always been - a method for a so-called civilized society to vent its hostility and anger without the least bit of remorse. Ironic, isn't it? That very character description is used by prosecutors to justify a sentence of death. Here in Missouri, a typical day on death row can be unpredictable in many ways. Every day, it's not about if you'll face death, it's only about who will be the next to die. There is a correlation between those facing death by the state and someone who has a terminal illness. Men who are in different stages of the dying process may be depressed, angry, in denial, or bargaining for a better understanding. They may have an acceptance. But what they feel today may be different tomorrow. It can be a challenge dealing with the lack of consistent behavior and can make for a very uncomfortable environment. The staff has much experience in dealing with the different personalities of death row offenders. They work around it every day. With 60 actual executions, regular training exercises (i.e.: mock executions), and daily contact with those waiting to die, you would think the daily life would become the norm. But the act of killing another human being will never become the norm. Or at least, let us hope not. No matter how you dress it up, regardless of how you try to sanitize what you're doing, it will always be an unnatural act to take another life. Practice will never make perfect when it comes to cold-blooded, pre-meditated murder. Calling it justifiable homicide only adds to the way the state demeans human life. The day before an execution, everyone here thinks of the man in the cage, a place they put you several days prior to your death. There, you are observed 24 hours a day as if you are a lab rat in some sort of twisted experiment. Some of us think about what we will feel when our time comes. Others think about what we can to do aid the man about to die. Can we help him with legal advice, or maybe do some last minute research that may spare his life? The spiritual community spends much time in prayer, asking that the will of God put a stop to such things once and for all, and that all involved, both offenders and victims, find some peace in the midst of so much madness. Many may lose hope because they have seen so many men die. Some begin to speak of the man in the past tense, as if he were already dead. Even the staff have reflections and fond memories of the intended murder victim. Staff put on their suits as if to appear more civilized as they deal with the all-too-familiar administrative bureaucracy that goes along with state-sanctioned murder. Just the same, as the clock begins to tick, hope remains a big part of our lives. As midnight approaches, some wonder if a last minute stay will arrive in time. We ask questions about the apparent and obvious issues in the man's case. We ask ourselves how a system like ours can allow such miscarriages of justice. How can a system that is supposed to be fair and impartial kill men and women who have legitimate actual innocence claims? I suppose we should not wonder about a legal system that takes the position that it is not unconstitutional to execute an innocent man. This is obviously a system that is more worried about its own legal liabilities than protecting the interest of the people it is sworn to protect. The morning after an execution, the prison comes to life as if nothing ever happened. No one wants to talk about the victim, maybe because it's like confronting our own fears. The sadness we feel inside remains inside, and we all deal with our sense of loss in our own way. We try to develop a shell to protect us, but there is no real method for dealing with the loss of someone whom you have laughed with and cried with. Somebody you have worked around, lived around and eaten beside in close proximity for years. Someone you have come to care for. The mixture of grief and sentiment we face every day grows out of proportion with little or no opportunity to deal with the grieving process in a normal, healthy way. Society may never realize or care about the demons we face every day, but that does not make them any less evil. They may feel if they continue to turn their backs on this issue, it will eventually take care of itself. At this moment, it may not seem like an issue that will make a difference. But every cancer, left to itself, will ultimately destroy whatever it touches. History serves its purpose to show us where we've been. It's time to leave living in the past and press on in the future. A future that will place the correct value on human life. If we truly want to be innovative and move forward, we must develop a different definition of what the sanctity of life truly is. back to headlinesPeace Vigilance Continues to be Essential as The War is Not Over by Mike Murray Recently a man shouted at peace vigilers near the Columbia post office, "Go home -- the war's over." Of course, the war's not over. Iraq, like Afghanistan, was only a battle, merely the latest campaign in the Bush-Cheney administration's long march to total world dominance. For Iraqis and Afghanis, while the shocking and awful portion of the full-scale Allied aggression may have passed, a war of occupation is just beginning. The last thing the peace movement should do now is "go home." Instead we must renew our declarations of peace and get back to work. Our society needs all the healers it can get. We can begin by demanding that the Constitution be restored. When the President wants war again - as he surely will - we must insist that Congress debate and vote on a specific war declaration. It's our bulwark against becoming victims and killers in an unwise and unjust conflict. If Congress reasserts its primacy on the issue of war, then we regain some measure of control over our rogue government. We must take American history back from the war makers. Every American generation of the past century went to war, but we stand today no closer to a secure peace. The US has toppled several foreign governments and supported state terrorism by many others. Thousands of people of Arab and Asian decent are being unethically and largely-illegally detained in U.S. jails and prisons-- including more than 700 from 40 different countries who have been incarcerated at the U.S. military base on the Cuban island. These are individuals contended by the Bush administration to be "enemy combatants" in the administration's perpetual war. It's past time to admit the transgressions and failures of our selfish past and to redirect our intelligence and energy toward a nonviolent and just future for all people. We must clarify the nature of liberty, citing the Declaration of Independence that freedom, including the act of dissent, is an inalienable right endowed by the Creator. Freedom is not based in a willingness to kill and is not a spoil of war. We can admire the courage of so-called freedom fighters but must disagree that their wars are necessary to secure freedom. A wide view of history teaches that war mainly secures war and that warrior societies, like our own now, mainly enforce conformity. We secure our inborn freedom by refusing to give it up. We must assert that the spirit of God, the Creator, never directs us to kill. Anyone, high or low, who justifies war in the name of religion, actually tramples on religion and the sacredness of human life. All people carry God within, the God who first speaks to our hearts and warns against the use of scripture for self-justifying purposes. We must live in ways that remove the occasions of war, never assuming that we're entitled to the resources of the whole world. We must see abundance to be shared, rather than scarcity to be fought for. Our homes, lives, and societies must be simple and welcoming rather than grandiose and gated. As long as our government makes war, we must care for our government's enemies. Our military has attacked, maimed, traumatized, starved, sickened, and killed people- mostly recently those of Iraq and Afghanistan, people who are wholly innocent of crimes against the United States, including the 9/11 atrocities. As far as possible, we must use our nation's bounty to help meet the human needs and restore dignity to these people. We must also do the same for people in our own economically unequal society. Our support-the-troops friends have told us to shut up. It's odd that such self-perceived promoters of individual freedom want everyone to sway the same way when it comes to war: support the commander-in-chief without question. It's telling that Americans need the camouflage of mass approval when they set out to kill. According to opinion polls, most Americans uncritically believe Saddam Hussein masterminded 9/11. They also view al Qaeda, Iran, North Korea, Saddam's Iraq, and now Syria as a single entity bent on US destruction. It's a short step from that level of paranoia and ignorance to support for pre-emptive war. Mass support for war is a type of mass illness - a desperate and violent herd response to fear-laden issues dimly understood. We must heal our sick society. If ignorance and suppressed speech make war-sickness possible, then information and civil discussion are the beginnings of cure. We must insist on uncensored news and ubiquitous debate. If necessary, we shall spread the news and spark the debates. The war's not over. back to headlinesWe're just scraping by The Mid-MO FOR spends about $550 in the average month. We help other pacifist organizations and causes. We print this newsletter and mail it. We have office expenses - telephone, paper, etc. We've never set up a regular donation system -- just asked for money when funds got low and relied on a few faithful contributors. In addition to being unfair to those few contributors, our non-system makes Mid-MO FOR too vulnerable for comfort. Not that we insist on becoming comfortable, just a little less uncomfortable. Won't you help? Send what you can to Mid-Missouri Fellowship of Reconciliation, PO Box 268, Columbia, MO 65201. Large contributions can be tax deductible. Thank you.
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