Skip to main content

American Justice Is Not Blind, But It Is Truly Sick


Supreme Court Justice Antonin Scalia and Federal District Court Judge Fernando Gaitan of the Missouri Western District Court have at least two things in common: they are both appointees of President Ronald Reagan, and they both think it's just fine for the US to execute innocent people. The same can be said for Judge C. Arlen Beam of the 8th Circuit Court of Appeals.

In a recent dissent in a 5-4 Supreme Court ruling ordering a habeas hearing in federal court for South Carolina death row inmate Troy Anthony Davis, a man slated to die after being convicted for the murder of an off-duty Savannah police officer, Scalia wrote, "This court has never held that the constitution forbids the execution of a convicted defendant who has had a full and fair trial but is later able to convince a habeas court that he is 'actually' innocent."

For his part, Judge Gaitan, in Missouri, had 2 shots at considering the case of Joseph Amrine, a death-row inmate slated to die for the killing of a fellow prisoner in a Missouri state prison. Amrine had been convicted of the knife slaying on the basis of the testimony of 3 alleged eyewitnessesall of them fellow prisoners.

When 2 of those witnesses later recanted (suggesting that it was the third witness who had actually been the killer), Judge Gaitan rejected the habeas appeal, arguing that the 2 recantations couldnt be believed, because the third witness had not changed his testimony. Later, when the third witness also recanted, Amrines attorney brought the case back to Judge Gaitan, but this time, the Judge again rejected the appeal, claiming that none of the witnesses was credible "because they are all criminals." (Which of course begs the question of why Amrine should have been convicted in the first place based upon the testimony of the same 3 witnesses.).

Amrine didnt get any help from the 8th Circuit Court of Appeals, which is also apparently packed with Scalia-like vampires. A three-judge panel on that court, which included Reagan-appointee Judge Beam, as well as Clinton appointee Diane E Murphy and George H. W. Bush appointee Judge Morris Sheppard Arnold, unanimously upheld Judge Gaitan declaring that even if the 3 recantations might suggest Amrine was innocent, he could not get a new hearing or trial because his attorneys should have been able to discover the evidence earlier through "due diligence." The judges, in rejecting Amrines appeal, wrote that, "even though convinced that had it been sitting as the trier of fact, it would have weighed the evidence differently," an appellate court had to defer to the determination regarding credibility of recanting witnesses made by a lower court judge.

That is, procedural issues and rules trump facts, even in a death penalty case.

Happily for Troy Davis, a frighteningly narrow majority on the US Supreme Court disagreed with Justice Scalias view of the Constitution. Happily for Amrine, who is now a free man, the Missouri State Supreme Court disagreed with both Judge Gaitan and the 8th Circuit Court of Appeals panel, concluding that "a showing of actual innocence acts as a 'gateway' that entitles the prisoner to review on the merits of the prisoners otherwise defaulted constitutional claim."

Justice Scalia's pinched view of the Constitution is that if it ain't written down in the document, it doesn't exist. So even though there is a clear outlawing in the Constitution against "cruel and unusual" punishment, he purports to be unable to see how that could be construed to include being executed for a crime you did not commit.

It should sicken every American that our judicial system could condone execution of people that even the judges themselves concede are likely or even certainly innocent, because of procedural rules and politically imposed deadlines and appeals limitations, such as those imposed by former President Bill Clinton's Anti-Terrorism and Effective Death Penalty Act, passed in 1995 in the hysteria following the Oklahoma City bombing of the Murrah Federal Office Building.

I once had the grisly experience, back in 1995, of watching several doomed men being carted off by armed police in the back of a flat-bed truck for a date with a bullet to the back of the head on the execution grounds in Xian, China. I remember thinking at the time what a monstrous and uncivilized act this was. The trials in China are in name only, with the verdict pre-ordained, and any appeals, if they happen, perfunctory.

Yet how different are things here in the US? There is the same bloodthirsty slathering for public execution by the ghouls on the right, the same quiescence among the broader population. There is, perhaps one difference, and that is the political pandering to the death-obsessed by politicians who should know better. Those Reagan-appointed judges Scalia, Gaitan and Beamand the many like them on federal and state benches across the country, were appointed precisely because they wanted to grease the skids to the execution chamber, and President Reagan, like Nixon before him and the Bushes after him, have made advocacy of state-sanctioned execution a lynch-pin of their campaign efforts. But President Clinton was no different. He cut short his campaign for president so he could rush home to Arkansas to sign the execution warrant for a mentally impaired man, and later, pushed through the EDP Act to make appeals of death-row inmates much more difficult.

President Obama is not much better. While he has not yet signed on to any efforts to make executions easier, neither has he acted, as president, to correct the current abysmal situation, which has seen many people spend years or even decades on death rows, often coming withindays or hours or even minutes of execution before finally being found innocent, and which has surely led to many executions of innocent people over the years.

Disturbingly, Obama has use the argument of "public vengeance" to justify the death penalty, writing in his memoir, that while he believes the death penalty "does little to deter crime," he nonetheless supports it for crimes "so heinous, so beyond the pale, that the community is justified in expressing the full measure of its outrage by meting out the ultimate punishment." At times like these, I am sorry I'm an atheist. It would be nice to think that there would be some special grim level of hell in store for the likes of Justice Scalia, Judge Gaitan, and Judges Beam, Arnold and Murphy, perhaps a row of cells from which they would be marched every few days to be strapped onto gurneys and administered an intravenous death potion, or into electric chairs through which a surge of high voltage would be sent, only to return to their cells for another round of waiting. Also for the likes of Nixon, Reagan, Clinton, the Bushes and, yes, Obama, who would be cast before howling mobs of the wrongly executed, who would call for their execution, after which they could be marched off to the same fate over and over.

Unfortunately, there is no such divine justice. Only the hope that one day, a more civilized and compassionate public will demand better of itself, its political leaders, and its judges.

There is no greater crime than the killing by the state of an innocent person, and yet, in America, such atrocities are not just happening, they are condoned by judges in the highest court of the land.

Source: The Public Record----Dave Lindorff is a Philadelphia-based journalist. He is author of Killing Time: An Investigation into the Death Penalty Case of Mumia Abu-Jamal (Common Courage Press, 2003) and more recently of The Case for Impeachment (St. Martins Press, 2006) )

Comments

Most viewed (Last 7 days)

Former Florida officer who raped, murdered 11-year-old set to be executed

An execution date has been set for a former Mascotte police officer who, in May 1987, assaulted and murdered an 11-year-old girl.  Gov. Ron DeSantis signed a death warrant for James Aren Duckett on Friday. He’s scheduled to be executed on March 31. It’ll be the state’s 5th execution this year, following a record 19 executions in 2025.  Duckett was convicted in the murder of 11-year-old Teresa McAbee about a year after her death. According to officials, Duckett took the 11-year-old to a lake, where he sexually battered, strangled and drowned her. 

‘Come on with it’: Arkansas inmate asks to hasten execution

A Faulkner County judge has scheduled an August hearing to determine whether a death row inmate can bypass his attorney’s advice, drop his remaining appeals, and hasten his execution.  Scotty Ray Gardner, 65, is facing the death penalty for the 2016 killing of his girlfriend, Susan Heather Stubbs, in Conway.  In letters sent to Circuit Judge Chuck Clawson and the Arkansas Democrat-Gazette, Gardner said he wants to end his legal battles, writing that he is tired of prison life and skeptical he will receive a fair hearing.  “It’s simple,” Gardner wrote in a September letter. “Come on with it.” 

Florida executes Melvin Trotter

The execution of Melvin Trotter for the murder of 70-year-old Virgie Langford in 1986 comes as Supreme Court Justice Sonia Sotomayor questions Florida's 'deeply troubling' lethal injection record. Florida has executed its second inmate of the year even as a Supreme Court justice questioned the state's “deeply troubling" record on lethal injections and how it "shrouds its executions in secrecy."  Melvin Trotter, 65, was executed by lethal injection on Tuesday, Feb. 24, for the 1986 murder of 70-year-old Virgie Langford, a mother of 4 who was on the verge of retirement when she was stabbed to death in the corner grocery store that she owned for five decades. Trotter was pronounced dead at 6:15 p.m. ET. 

Man convicted in 1986 murder set to become Florida's second execution of 2026

STARKE, Fla. (DPN) — A man convicted of stabbing and strangling a grocery store owner during a robbery nearly 40 years ago is scheduled to die by lethal injection Tuesday evening, becoming the second person executed in Florida this year. Melvin Trotter, 65, is set to receive a three-drug lethal injection beginning at 6 p.m. at Florida State Prison near Starke. Trotter was convicted of first-degree murder in the 1986 killing of Virgie Langford, 70, who owned Langford’s Grocery Store in Palmetto, in southwest Florida's Manatee County.

India | POCSO Court awards death penalty to UP couple for sexual exploitation of 33 children

A special court in Uttar Pradesh’s Banda on Friday sentenced a former Junior Engineer (JE) of the Irrigation Department and his wife to death for the sexual exploitation of 33 minor boys — some as young as three — over a decade, officials said. The POCSO court termed the crimes as “rarest of rare” and held Ram Bhawan and his wife Durgawati guilty of systematically abusing children between 2010 and 2020 and producing child sexual abuse material. Convicting the duo under provisions of the Indian Penal Code and the Protection of Children from Sexual Offences (POCSO) Act, the court sentenced them to death for offences including aggravated penetrative sexual assault, using a child for pornographic purposes, storage of pornographic material involving children, and abetment and criminal conspiracy, they said.

North Carolina | DA won't seek death penalty against woman accused of poisoning family

HENDERSONVILLE, N.C. (DPN) — Prosecutors will not seek the death penalty against a Western North Carolina entrepreneur accused of poisoning her family during a Thanksgiving dinner and killing a man nearly two decades ago. During a mandatory Rule 24 hearing Thursday in Henderson County Superior Court, Assistant District Attorney John Douglas Mundy announced that the state will proceed with the case against Gudrun Linda Jean Casper-Leinenkugel, 52, as a non-capital matter. The decision removes the possibility of an execution, meaning the maximum penalty Casper-Leinenkugel now faces is life in prison without parole.

Twenty Years Since the Last Scheduled Execution in California and a Focus on the Participation of Physicians in Executions

February 21, 2006, a California court’s deci­sion effec­tive­ly halt­ed the planned exe­cu­tion of Michael Angelo Morales, mark­ing the start of California’s 20-year mora­to­ri­um on exe­cu­tion sched­ul­ing and throw­ing into the spot­light the ten­sion between physi­cian par­tic­i­pa­tion in exe­cu­tions and their pledge to show ​“ the utmost respect for life .” " The events sur­round­ing Morales’s impend­ing fate brought to the sur­face the long-run­ning schism between law and med­i­cine, rais­ing the ques­tion of whether any ben­e­fi­cial con­nec­tion between the pro­fes­sions ever exist­ed in the exe­cu­tion con­text. History shows it sel­dom did. Decades of botched exe­cu­tions prove it. " — Professor Deborah Denno, The Lethal Injection Quandary: How Medicine Has Dismantled the Death Penalty

Oklahoma Ends Indefinite Death Row Solitary Confinement

Every year, thousands of prisoners in the U.S. are placed in solitary confinement, where they endure isolation, abuse, and mental suffering . This practice might soon become rarer for some inmates in Oklahoma, thanks to the efforts of activists in the state. Earlier this month, the American Civil Liberties Union (ACLU) of Oklahoma announced that the Oklahoma State Penitentiary in McAlester had ended the practice of indefinite solitary confinement for "the vast majority" of death row prisoners.

Chinese courts conclude trials of 2 criminal gangs from northern Myanmar, 16 sentenced to death

Chinese courts have concluded the trials of 2 major criminal groups based in northern Myanmar involved in telecom and online fraud, the Supreme People's Court (SPC) said Thursday.  At a press conference held by the SPC, it was revealed that by the end of 2025, courts across the country had concluded first-instance trials of over 27,000 cases related to telecom fraud operations in northern Myanmar, with more than 41,000 returned suspects sentenced.  Notably, among the trials of the so-called "4 major families" criminal gangs -- which had drawn widespread domestic and international attention -- those of the Ming and Bai groups have completed all judicial proceedings.

Florida | Governor DeSantis signs death warrant in 2008 murder case

TALLAHASSEE, Fla. — Governor Ron DeSantis has signed a death warrant for Michael L. King, setting an execution date of March 17, 2026, at 6 p.m. King was convicted and sentenced to death for the 2008 kidnapping, sexual battery and murder of Denise Amber Lee, a 21-year-old North Port mother. On January 17, 2008, Michael Lee King abducted 21-year-old Denise Amber Lee from her North Port home by forcing her into his green Chevrolet Camaro. He drove her around while she was bound, including to his cousin's house to borrow tools like a shovel.  King took her to his home, where he sexually battered her, then placed her in the backseat of his car. Later that evening, he drove to a remote area, shot her in the face, and buried her nude body in a shallow grave. Her remains were discovered two days later. During the crime, multiple 9-1-1 calls were made, but communication breakdowns between emergency dispatch centers delayed the response.  The case drew national attention and prompted w...