Tuesday, September 27, 2011

An Offer and A Challenge

I'm not simply blowing smoke when I claim to be impressed with the recent comments to this blog. I'm going to back up my claim by making what is both an offer and a challenge.

If any of you want to find a case, research it, ponder it, and write it up in a fair and logical manner, I will post it here on this august blog, with all due credit or shame to you, the author. Then the readers can chew up your writing instead of mine. I'll just sit back and smile.

Here are some ground rules I'm making up as I go.

1. Do yourself proud. That means you should try to represent yourself well through your research, your thinking and your presentation. Your job isn't to convince others that you are right. Your job is to compel your readers to continue reading and make them think as you seek truth, justice, and the American way. You need not wear a cape. You need not wear your underwear on the outside.

2. Be willing to ignore the cheap shots and to be bothered by the thoughtful criticism.

I think that's enough in the way of ground rules. Perhaps you want to email me to give me a heads up on your intentions, but that's not mandatory. If you write beforehand though, I might have some thoughts or advice to share. I might be able to forewarn you I decided this was a horrible idea and I've called it off.

You will eventually have to somehow send me your article via email. I refuse to give up my right to control what appears on this blog, but you realize by now that I try to let people speak their mind.

If you're wondering where you might look for a case, consider reviewing upcoming executions. Perhaps instead you might want to prowl through past executions using the database provided by DPIC. Or you could write of someone who is in prison who claims they are innocent. Those folks don't get the press that the death penalty cases get. They just languish and die more slowly. You shouldn't have any trouble finding cases to write about by prowling Google.

Here's a tip and a caution. You want to find a case that has some decent documentation both for and against. "Data, data, data," Sherlock Holmes cried impatiently. "I cannot make bricks without clay."

So Jypsea Rose, and Mols, and AnonXYZ, and R. Lee, and Irev. Lynn, and Catherine Turley, Emma, and Arun, and Mark, and Malcolm Trent, and Jeff Cox, and Anonymous, and even you Tali.  Any takers?

2 comments:

Tali said...

I was cool with everything you said till the underwear rule. :-) I refuse to conform.

Also.
One last thing I forgot to bring up that I figured you'd seen in the appeals.
Testimonies that were impeached/recanted/disproved:

1) David Samuelson - impeached/confrontation clause
2) Staci Schwartz - impeached/confrontation clause
[Harmless Error
Even if admission of Marcus’s statements to Samuelson and Schwartz was error under Texas Rule of Evidence 803(24), or
the Confrontation Clause, error was harmless. As set forth in State’s Counterpoint 5 herein, Marcus’s statement was not the
only evidence that connected Appellant to the crime.]

3) Melissa Byrom - Recanted (detectives coerced -false testimony w/threats)
4) Gary Franks - Recanted (testified for good jail time)
5) Brian Young - Impeached (testified for good jail time)
6) Stephen Price - Impeached (no indica of reliability)
7) Michael Cavin - Impeached (no indica of reliability)
8) Nadia Yasmine Caminero - disproved. Hat she said that Woods stole from victim was later identified by victim's body in the crime scene photos. Nadia confirmed that victim only had one hat and this was "the hat" (she didn't know that the photo of the hat was actually taken from the crime scene).

Tali said...

oh yeah. new rules. so... here are some references:
http://docs.justia.com/cases/federal/district-courts/texas/txedce/6:2006cv00344/98016/30/
pg 12 on top - byrom
pg 18 - schwartz & caminero
----
gary franks: i sent you a pic of an affidavit.
----
All the others: pages 12-18 on the direct appeal i sent you:

2004 WL 1149109 (Tex.Crim.App.)
Court of Criminal Appeals of Texas.
Steven Michael WOODS, A/K/A Halo, Appellant,
v.
The State of Texas, Appellee.
No. 74,430.
April 27, 2004.
On Appeal in Cause No. F-2002-0541-E from the 367th Judicial District Court of Denton County, Texas

So there! :-)
*puts on cape*
*flies away*

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