Cameron Todd Willingham was convicted of intentionally starting a fire that killed his three children, sentenced to death, and after many failed appeals, executed by lethal injection. Now it appears that the investigators who made determination of arson were acting more like forensic mystics than forensic scientists in making their decision. The state of Texas may have executed an innocent man.
In recent years, though, questions have mounted over whether the system is fail-safe. Since 1976, more than a hundred and thirty people on death row have been exonerated. DNA testing, which was developed in the eighties, saved seventeen of them, but the technique can be used only in rare instances. Barry Scheck, a co-founder of the Innocence Project, which has used DNA testing to exonerate prisoners, estimates that about eighty per cent of felonies do not involve biological evidence.
In 2000, after thirteen people on death row in Illinois were exonerated, George Ryan, who was then governor of the state, suspended the death penalty. Though he had been a longtime advocate of capital punishment, he declared that he could no longer support a system that has "come so close to the ultimate nightmare-the state's taking of innocent life." Former Supreme Court Justice Sandra Day O'Connor has said that the "execution of a legally and factually innocent person would be a constitutionally intolerable event."
Update: John Jackson, the prosecutor in the Willingham case, has written an op-ed piece for the Cosicana Daily Sun in which he defends the court's guilty verdict, despite what he calls an "undeniably flawed forensic report".
The Willingham case was charged as a multiple child murder, and not an arson-murder to achieve capital status. I am convinced that in the absence of any arson testimony, the outcome of the trial would have been unchanged, a fact that did not escape the Texas Court of Criminal Appeals.
David Grann, the author of the New Yorker article referenced above, responds briefly to Jackson's assertions.
But even if he refused to take a polygraph after he was arrested, polygraphs are notoriously unreliable, and are not admissible in a court of law. [...] As a result, defense attorneys routinely do not let their clients take polygraphs. [...] The idea that a lie-detector test (or the refusal to take one) could be considered evidence cuts to the core of the problems in the Willingham case: a reliance on unreliable and unsound scientific techniques.
Jackson's belief that Willingham should have (whether he would have is another story) been convicted even in the absence of evidence of arson borders on parody and would be funny if it weren't so obscene coming, as it does, from a sitting judge. If it's not arson, how do you have a murder? If the fire killed the kids and he didn't set the fire, how is he responsible? It's fucking absurd.
Atul Gawande branches out from his usual excellent writing on medicine and turns his attention to solitary confinement in America's prison system. Gawande likens extended solitary time to torture.
This is the dark side of American exceptionalism. With little concern or demurral, we have consigned tens of thousands of our own citizens to conditions that horrified our highest court a century ago. Our willingness to discard these standards for American prisoners made it easy to discard the Geneva Conventions prohibiting similar treatment of foreign prisoners of war, to the detriment of America's moral stature in the world. In much the same way that a previous generation of Americans countenanced legalized segregation, ours has countenanced legalized torture. And there is no clearer manifestation of this than our routine use of solitary confinement-on our own people, in our own communities, in a supermax prison, for example, that is a thirty-minute drive from my door.
This likely will not change until Americans start to believe that rehabilitation and not punishment is the primary goal of prisons. So, probably never.
From an article about a collection of businesses located near Riker's Island, this tidbit: the inmates refer to the prison-issued orange sneakers as Air Giulianis. Also:
The food truck man, Mr. Samolis, said he often gives free food to inmates who are released from Rikers with no money.
"They get released at 6 in the morning with nothing but a $2 MetroCard the jail gives them," he said. "So I'll give them a coffee and an egg sandwich, on credit. I know they're never going to pay it back, but I feel bad for them."
(thx, jake)
In the US federal prison system, cans of mackerel have replaced outlawed cigarettes as the de facto form of currency.
"It's the coin of the realm," says Mark Bailey, who paid Mr. Levine in fish. Mr. Bailey was serving a two-year tax-fraud sentence in connection with a chain of strip clubs he owned. Mr. Levine was serving a nine-year term for drug dealing. Mr. Levine says he used his macks to get his beard trimmed, his clothes pressed and his shoes shined by other prisoners. "A haircut is two macks," he says, as an expected tip for inmates who work in the prison barber shop.
See also the economics of POW camps.
How To Survive in Prison as an Innocent Man Convicted of a Sex Crime, written by an innocent man convicted of a sex crime. This is an odd article, at once full of good advice, hints of mental instability, and defensiveness. In a section outlining the importance of regular exercise, he suddenly switches gears to:
Not only do we prisoners have to stick together, but we men must also join forces in our fight against feminism.
Exercise regularly, keep healthy, stay away from drugs, and keep your mind sharp. And ps, down with the feminists!! (via cyn-c)
Steve makes prison wine out of moldy bread, ketchup, grape juice, raisins, garbage bags, and tube socks. "It's hard to believe this started out as a bag of fruit snacks and grape juice. Yet somehow these ingredients went from sweet and child-like to harsh and alcoholic quicker than Lindsay Lohan."
