Tuesday, March 29, 2011

Eric King Wrongfully Executed by the People of Arizona

You can unfortunately add Eric King to the list people we have executed for crimes they probably did not commit. Here I'll do it for you, listing just a few of the many.

Cameron Todd Willingham
Johnny Frank Garrett
France Elaine Newton
David Wayne Spence
Eric John King

This sucks.

Monday, March 28, 2011

The Imminent Wrongful Execution of Eric King

Our country is within 24 hours of executing someone who is probably innocent of the crime for which he was convicted.

Based on the undisputed testimony of Phoenix Police Sergeant Richard Switzer and eyewitness Frank Madden, Eric King could not have been involved in the robbery and murder for which he is to die. Those two witnesses were confident that the shooter was over six feet tall. Switzer, who had the better opportunity for comparison, identified the unknown participant to be taller than the known participant, Richard Jones.

Jones is 6 feet 1 inch tall. He was in the company of the shooter that night when the shooting took place. He was not charged with any crime. Instead Jones traded Eric King's life for his. It was a tough call, but you have to do what you have to do. Richard Jones walked free, Arizona got their conviction, and Eric King will get the needle.

Lady Justice will be glad she is blindfolded.

How can we as a society be so certain of Eric King's guilt that we are willing (and in too many circles, eager) to kill him? Eric King is 5 feet 8 inches tall, roughly one-half foot shorter than the shooter. To understand how substantial this height difference is, study the scaled comparison above.

Are you confident with your part in killing the man on the right even though two witnesses, one a trained police officer, tell you that the person who committed the crime was as tall as the man on the left?

Would you push the plunger?

Whether you like it or not, as Americans we each own at least a small part of this execution.

Sunday, March 27, 2011

The Impending Execution of William Glenn Boyd

William Glenn Boyd is scheduled to be executed by the people of Alabama on 31 Mar 2011 for the murders of Fred and Evelyn Blackmon. Boyd admits to participating in the robbery and kidnapping of the two victims. Boyd claims, however, that Robert Denton Milstead (his partner-in-crime) is the one who actually murdered the victims. Milstead claimed that Boyd is the one who actually murdered the victims.

Boyd drew the short straw. After five tries, Milstead finally told the story the State wanted to hear. They then allowed him to turn state's evidence in exchange for his life.

As I've said before, we no longer have a jury-based justice system in this country. We have a prosecutor-based system.  The prosecutor decides who talks and who walks, who gets tried and who gets fried.

From the appellate decision in Boyd v. Allen, I offer this summary of the conflicting stories of Boyd and Milstead. It was a brutal, gruesome crime regardless of the roles.
At trial, there was conflicting testimony regarding whether Boyd had murdered Fred Blackmon, Evelyn Blackmon, or both victims. Anniston Police investigator Gary Carroll testified that Boyd insisted in his first statement to the police that his accomplice, Milstead, had killed both victims. Specifically, Boyd told the police that on the morning of March 26, 1986, he and Milstead, both armed, gained entry into the Blackmons' home. Boyd and Milstead had previously discussed robbing the Blackmons. Boyd admitted that he accompanied Mr. Blackmon to the bank, where Mr. Blackmon withdrew $5,000 and turned it over to Boyd, and returned to the Blackmons' house. Boyd and Milstead then forced the Blackmons into Mr. Blackmon's Cadillac Eldorado and drove to an area in Ohatchee, Alabama, near the river. After the car was parked, Milstead, according to Boyd, physically assaulted Mrs. Blackmon, and then shot her. Mr. Blackmon tried to barter for his life, but Boyd hit him on the back of the head, and then Milstead shot him too. Boyd and Milstead left the crime scene in the Cadillac Eldorado, only to return later that night. They stuffed Mr. Blackmon's body in the trunk of the Cadillac Eldorado and rolled the car down a boat ramp into the river. They left and returned to the crime scene still again the next morning, stuffed Mrs. Blackmon's body into a 55-gallon barrel and rolled the barrel into the river. They later disposed of the two guns used during the crime by throwing them into a creek.

On April 4, 1986, Boyd gave a second statement to the police that provided a detailed description of how to find the locations of the crime scenes. Boyd provided a third statement on April 6, 1986, claiming that he had remained in the car with Mr. Blackmon while Milstead took Mrs. Blackmon into the woods. Boyd said that Milstead was just supposed to leave her there, but decided to kill her instead. Boyd accompanied police to a creek on April 11, 1986, to show them where the guns had been discarded after the murders. A nickel-plated Raven Arms Company.25 caliber automatic pistol and a black .22 caliber pistol were recovered. There was one unfired round in the .25 caliber pistol, and five rounds still in the .22 pistol.

Milstead's statements and testimony, on the other hand, said that Boyd had killed both victims. Milstead pleaded guilty to capital murder and testified for the State against Boyd, in exchange for a sentence of life without parole. Prior to testifying, he had given five statements to the police, which varied in certain respects, but four of them consistently accused Boyd of shooting both victims as well as assaulting them.

Milstead testified that on the morning of the crime, Milstead, who did not know the Blackmons, gained entry into the Blackmons' house along with Boyd; they were both armed with loaded pistols. Boyd then gagged and blindfolded Mrs. Blackmon, and threatened the Blackmons that Mrs. Blackmon's daughter, Julie, had been taken hostage and would be killed if the Blackmons did not pay a ransom. Boyd forced Fred Blackmon to go to the bank to withdraw money, leaving Mrs. Blackmon alone at the house with Milstead. After Mr. Blackmon withdrew $5,000 and gave the money to Boyd, they returned to the home. Boyd and Milstead then forced Fred and Evelyn Blackmon at gunpoint into Mr. Blackmon's Cadillac Eldorado, and drove them to a secluded area by the river.

At that point, they separated the Blackmons, first forcing Mrs. Blackmon to walk away from the car to a clearing behind a brush pile. Boyd then re-gagged and blindfolded Mrs. Blackmon, and, after talking to her, struck Evelyn Blackmon across her forehead and nose with a stick. Mrs. Blackmon screamed, whereupon Boyd tried to strangle her with a cloth. Boyd then shot Mrs. Blackmon with a .22 caliber pistol, which he had muffled with the cloth. After she continued to fight for her life, Boyd took the .25 caliber gun from Milstead, who was standing with them, and shot her still again in the back and in the head.

Boyd and Milstead returned to the car and drove Mr. Blackmon to another location. After exiting the car, Boyd hit Mr. Blackmon's head with a stick. This blow also broke the taillight on Mr. Blackmon's Cadillac. Boyd then took a piece of cloth and started choking Mr. Blackmon with it. When Fred Blackmon struggled for his life and stabbed Boyd with a stick, Boyd took out the .25 caliber pistol and put it to Mr. Blackmon's throat. Mr. Blackmon begged Boyd not to shoot him, offering to give him $50,000. Boyd told Fred Blackmon that it was too late, and shot him in the chest and neck with the .25 caliber pistol. Boyd and Milstead left the scene in Mr. Blackmon's car. They returned later that night to the location of Fred Blackmon's murder, stuffed his body into the trunk of his car, and rolled it into the Coosa River. After a few minutes, the car sank. They threw the two pistols into a creek that night.

The next morning, Boyd and Milstead returned to the crime scene, finding Mrs. Blackmon's body. By Milstead's account, Boyd said the body was too stiff, so he took Milstead's ax and tried to cut Mrs. Blackmon's body in half. Boyd then took the body and broke Evelyn Blackmon's back, and along with Milstead threw her body into a metal barrel along with some cement blocks and rocks. Boyd cut some holes in the barrel with the ax. He and Milstead rolled the barrel into the river. The barrel sank in the water.
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.

I find no evidence that William Glenn Boyd did not participate in the armed robbery and kidnapping that led to the deaths of Fred and Evelyn Blackmon. Since I limit my efforts to people who are in all respects factually innocent, I stand mute with regard to the execution of William Glenn Boyd.

Wednesday, March 23, 2011

Community Service Announcement

This post is unrelated to issues of wrongful conviction/imprisonment/execution. I post because I might hereby spare a reader some unnecessary nuisance.

Beware of a UPS malware attack.

I just received an email, allegedly from the United Parcel Service, informing me I would soon be receiving a package. It included an attachment that I was to open to see the tracking information.

I immediately smelled a big fat commie rat. The email wasn't exactly from UPS. It was from joiner22@ups.com. The attachment type looked strange: UPSnotify.rar. I had not previously seen a .rar file.  Since I know that clicking on attachments is a good way to infect my computer, I don't open attachments unless they are from someone I trust.

By comparison, when Amazon informs me they have sent my order, they put the tracking information in the body of the email. They don't require that I open a .rar attachment. Here's the body of the email I received.
Dear customer.

The parcel was sent your home address.
And it will arrive within 7 business day.

More information and the tracking number are attached in document below.

Thank you.
© 1994-2011 United Parcel Service of America, Inc.
They didn't take the time to do a mail merge. Instead of personalizing the email, they used a generic salutation of "Dear customer" followed by a period rather than a comma.

They begin the second sentence with "And."

They forgot "the" before "document" in the third sentence.

The copyright notice made me laugh.  What the hell are they copywriting?

Rather than open the attachment, if only out of  morbid curiousity, I went to Google, the source of all knowledge. And I entered the email title in the search field: United Parcel Service notification. The entire first page of hits consisted of sites explaining that my email was indeed a common malware scam. I didn't go past the first page.

The first link was from Naked Security: "Outbreak: United Parcel Service notification malware attack spammed out."

The fix is trivial. Don't open the attachment. Delete the email, empty your email trash, and go back to fretting over the wrongfully convicted.

You're welcome.

Monday, March 21, 2011

The Impending Wrongful Execution of Eric King: 5

Eric King sits on death row. The people of Arizona plan to execute him on 29 March. Though I stand mute for most executions, I fervently oppose this one. I believe Eric King may in fact be innocent of the crime for which he is to die.

This is the fifth and last part of a my series on Eric King series. Prior to reading this Part 5 you should first read Parts1, 2, 3, and 4. Part 1 is here. Part 2 is here. Part 3 is here. Part 4 is here. A link at the each Part will lead you to the next, leading you right back to this post.

Last Friday, I mailed a letter to Arizona Governor Jan Brewer and a copy to the Arizona Board of Executive Clemency. Limiting my self to one page, I wrote the following:
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The Honorable Jan Brewer
1700 West Washington
Phoenix, Arizona 85007

Governor Brewer,

The scaled image below shows that Arizona risks executing an innocent man. Michael Jones admits to being at the shooting. His story freed him from custody and placed Eric King on death row.

Phoenix Police Sergeant Richard Switzer, however, intercepted Jones and his companion as the two of them were walking from the murder scene. The companion fled and was not apprehended. Sergeant Switzer noted that the companion was taller than Jones. Jones is 6 feet 1 inch tall.

Eyewitness Frank Madden confirmed Sergeant Switzer's height estimate. He noted that both men were slightly over 6 feet tall. Eric King is 5 feet 8 inches tall.

I write of wrongful convictions and executions under the pseudonym The Skeptical Juror. I have publicly previewed on my blog each of the U.S. executions this year. In all cases except two, I found no possibility of innocence. I therefore stood mute on those cases, neither supporting nor opposing them. In the case of Richard Clay, I opposed the execution and wrote to Missouri Governor Jay Nixon. Governor Nixon, for reasons likely unrelated to my efforts, commuted Clay's sentence to life in prison without possibility of parole.

I now oppose the execution of Eric King. I give my reasons in an extended five-part series on my blog at www.skepticaljuror.com. I recommend that you read that series before allowing the execution of Eric King. You will learn that the evidence against King came in exchange for the freedom of the one person who admitted to being at the murder. You will learn that the testimony of those people having no motive to lie exculpated King. You will learn that the lead detective, Armando Saldate, earlier had his "honesty, competency, and overall reliability" questioned by his own department, and later played a key role in placing four other people on death row. One of those, David Hyde, had his conviction reversed and now walks free. The cases of two others, Debra Milke and Eldon Schurz, are seriously tainted by Detective Saldate's questionable "honesty, competency, and overall reliability."

The evidence of Eric King's guilt, as portrayed in the image above, is so easily understood that his execution, if allowed to proceed, may become as notorious as that of Cameron Todd Willingham, late of Texas. Governor Perry wrestles to this day with Willingham's execution. Governor Nixon's decision to spare Richard Clay, on the other hand, has proven to be unremarkable. Governor Nixon seems to have received neither praise nor scorn. I ask that you consider clemency for Eric King.

Respectfully,
[signed]
John Allen
skepticaljuror@gmail.com
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Contact information for Governor Brewer is here.

Contact information for the Arizona Board of Executive Clemency is here.

If you oppose the execution of people who may be factually innocent, please contact both the Governor and the Board. Please express yourself firmly but respectfully.

I offer my sincere best wishes to Eric King, his family, his friends, and his supporters.