Tuesday, February 1, 2011

Too Many Waynes

One of the fine books ever written is The Sneetches and Other Stories. One story in that collection is "Too Many Daves." At the risk of a stop-and-desist order, I include the story below in its entirety.

Did I ever tell you that Mrs. McCave
Had twenty-three sons, and she named them all Dave?
Well, she did. And that wasn't a smart thing to do.
You see, when she wants one, and calls out "Yoo-Hoo!
Come into the house, Dave!" she doesn't get one.
All twenty-three Daves of hers come on the run!

This makes things quite difficult at the McCaves'
As you can imagine, with so many Daves.

And often she wishes that, when they were born,
She had named one of them Bodkin Van Horn.
And one of them Hoos-Foos. And one of them Snimm.
And one of them Hot-Shot. And one Sunny Jim.
And one of them Shadrack. And one of them Blinkey.
And one of them Stuffy. And one of them Stinkey.
Another one Putt-Putt. Another one Moon Face.
Another one Marvin O'Gravel Balloon Face.
And one of them Ziggy. And one Soggy Muff.
One Buffalo Bill. And one Biffalo Buff.
And one of them Sneepy. And one Weepy Weed.
And one Paris Garters. And one Harris Tweed.
And one of them Sir Michael Carmichael Zutt.
And one of them Oliver Boliver Butt.
And one of them Zanzibar Buck-Buck McFate . . . .
But she didn't do it. And now it's too late.
Chuck Shepard, at his blog News of the Wierd, notes that a disproportionate number of notorious murderers have the middle name of Wayne. I hadn't thought about it before, but he's right. John Wayne Gacy immediately comes to mind. At Chuck's site, he presents his list of 224 instances. He stopped counting in March of 2008.

I decided to check my database of people executed by Texas for people named Wayne. I found 21 out of 464. That's almost 5% of the total. In each case, Wayne was the middle name. Never the first name, never the last name, always the middle name.

If Texas executes Michael Wayne Hall on 15 February, as they are scheduled to do, he will be number 22.

The Impending Execution of Martin Link

Martin Link is scheduled to be executed by the people of Missouri on 9 Feb 2011 for the kidnapping, rape, and murder of 11-year-old Elissa Self. I find no credible evidence that Link might be factually innocent of the crime.

For those of you convinced that we execute only guilty people, I suggest you consider the many cases of people wrongfully executed. Examples include (but are no means limited to) Johnny Frank Garrett, Frances Elaine Newton, and Cameron Todd Willingham.

For those of you opposed to the death penalty under any condition, I suggest you familiarize yourself with the details of some of the crimes for which people are condemned to die. For the details of the crime committed by Martin Link, I offer the following description taken from his appeal State v. Link.
On Friday, January 11, 1991, just before 6:30 a.m., eleven-year-old Elissa Self left her house at 3844 Humphrey Street in South St. Louis to walk less than three blocks to catch her bus to Enright Classical Junior Academy, a school for gifted children. It was a cold, rainy morning, and Elissa's mother insisted that she wear boots and carry an umbrella. Elissa never arrived at school, and at about 8:20 a.m. the school called Elissa's parents to tell them that Elissa was not present. Elissa's parents drove around the neighborhood looking for her, but they were unable to find her, and they went home and called the police.
During the next four days, police canvassed the neighborhood, interviewed possible witnesses, and investigated calls and letters on possible sightings. On Tuesday, January 15, 1991, two persons who were scavenging at the Black Bridge recreation area along the St. Francis River, 135 miles south of St. Louis in Wayne County, found Elissa's body in a large pile of debris that had washed up on the riverbank. Police soon searched the area and found Elissa's boots, but none of her other belongings. One of the small boulders that defined the perimeter of the parking area had been pushed out of place, and there was a tire rut in the gravel leading up to that boulder.
Elissa's body was autopsied twice. The autopsies revealed two fresh oval-shaped bruises on Elissa's upper left arm, which were consistent with someone grabbing her arm tightly. Her lips were bruised and torn on the inside from being pressed against her teeth. The autopsies also showed that she had been raped. Her external genitalia were bruised and swollen, and there was a five-millimeter tear in the area leading to her vagina. Her hymen had been torn as well. Inflammation had begun in her vagina, and blood in her panties had partially dried, indicating that she survived for some time after the rape.
The cause of death was ligature strangulation. There were two long, thin bruises, about five to seven millimeters wide, around her entire neck. These bruises were consistent with a cord having been wrapped completely around her neck, with each end of the cord held in front of her. A pathologist testified that Elissa had been strangled to death slowly, losing consciousness after about five to ten minutes and dying after about thirty minutes. Although she still may have been alive when her body was dumped in the river, the amount of brain damage she sustained from the strangulation indicated that she never would have regained consciousness. Because the cold water had preserved her body, the time of death could be established only during the interval between the time of her kidnapping to twenty-four hours before she was found.
At about 9:24 p.m., on January 26, 1991, eleven days after Elissa's body was found, a City of Kirkwood police officer saw Martin Link driving with a headlight out and attempted to pull him over. Link led the officer on a high-speed chase, eventually crashing his car into a telephone pole, and was then taken into custody. In a search of the car, officers found a jar of petroleum jelly with Link's fingerprints on the jar and flecks of blood embedded in the jelly. In addition, officers took tape lifts from the inside of the car in order to obtain fiber evidence.
During the investigation, officers discovered that Link had grown up five blocks from where Elissa was kidnapped and had attended the school near Elissa's bus stop. In the early 1980s, Link lived in a house less than a mile away from the Black Bridge recreation area, the place where Elissa's body was found. At the time Link was arrested, he was living in South St. Louis, about 1½ miles from where Elissa was kidnapped.
Officers also discovered that Link was registered at a motel just outside of St. Louis from January 9, 1991 to January 11, 1991. Link checked out at an unknown time on January 11, the morning that Elissa was kidnapped. That night, at about 1:55 a.m. on January 12, Link checked into a motel in Desloge, Missouri, which is about seventy miles north of Black Bridge on a direct route from Black Bridge to St. Louis. A witness noted that Link's car was loud, "like a car that had a bad muffler on it." At about 8:30 a.m., Link called the S & S Muffler shop and "was very insistent" that he get his car fixed that day. He was told to bring in the car that afternoon and did so at 2:30 p.m. He explained to the employees that he was coming from further south and that he had to get his muffler fixed or else he would get a ticket in St. Louis. While he was at the shop, he kept pacing in the waiting room and checking to see if the work on his car was finished.
As part of the investigation, a special agent at the FBI crime laboratory compared three fibers found on the front passenger seat of Link's car with fibers from the sweater Elissa had been wearing when she was kidnapped. The agent determined that the fibers found in Link's car were "consistent with having come from the victim's sweater."
DNA tests conducted by two different labs showed that Link's DNA matched the DNA found in sperm cells on vaginal swabs taken from Elissa's body. The state's DNA expert set the odds of such a match at one in 6,600. The testing also revealed that Elissa's DNA matched the DNA in the blood found in the petroleum jelly jar seized from Link's car. The odds of that match were one in 48. The joint probability of both of these matches occurring by chance was less than one in 300,000.
Link did not testify at trial, but he called two witnesses who had reported seeing Elissa after 6:30 a.m. on January 11, 1991. He also called a detective who had worked with one of these witnesses to make a composite drawing of a man she allegedly saw with Elissa, but who did not resemble Link. He also called two witnesses who worked as buyers in the clothing industry to testify to the large number of cotton/ramie sweaters, like the one Elissa wore, that were imported every year. He called two DNA experts to testify that the DNA tests performed by the other two laboratories were faulty. In addition, one of the DNA experts and a third expert testified that the state's conclusions about the probabilities of Link's DNA being found in the sperm on the vaginal swab and Elissa's DNA being found in the blood in the petroleum jelly jar were incorrect. Finally, Link called an accident reconstructionist who testified that the boulder at Black Bridge could not have damaged the muffler on Link's car.
In rebuttal, the state presented its own accident reconstruction evidence. Investigating officers testified that they obtained a car of the same year and model, with the same kind of tires, bumper arrangement, and exhaust system as Link's car. They backed the car up to the boulder that had been moved out of place at Black Bridge, whereupon the tailpipe and muffler made contact with the boulder, thus showing that the boulder could have caused the damage to Link's car.
I oppose the execution of people who might be factually innocent of the crime for which they are to die. I suspect that to prevent the execution of the factually innocent, we might have to ban the death penalty entirely.

With respect specifically to the execution of Martin Link, I stand mute.