A Million Bees Stinging My Face

Mark Stroman sits on death row awaiting execution by the people of Texas. There is no doubt he is guilty of cold blooded, wanton murder. He admits to his crimes. I will therefore not oppose his execution. Nor will I support it. I will stand mute.

Frequently when I describe the details of the crime, I rely on an opinion from an appellate court. Here, in this case, I rely entirely on the words of Raisuddin Bhuiuian, a great American.

My name is Rais. I was born in Bangladesh. I came to the United States to fulfill my lifelong dream to pursue higher education and to experience the American Dream. But within a short time my life was completely changed due to one single incident. The lesson I learned from that incident transformed my life and motivated me to educate people against hate crime.

It was Friday 12:30pm, September 21, 2001. A man with a gun entered the gas station where I was working. He asked me -

“Where are you from?"

The question seemed strange to ask during a robbery, which certainly this was -- the man wore a bandana, sunglasses and a baseball cap, and aimed the gun directly at my face as I stood over the gas station register. “Excuse me?” I asked. As soon as I spoke I felt the sensation of a million bees stinging my face, and then heard an explosion. Images of my mother, my father, my siblings and my fiancé appeared before my eyes, and then, a graveyard. I didn’t know if I were still alive. I looked down at the floor and saw blood pouring like an open faucet from the side of my head. Frantically, I placed both hands on my face, thinking I had to keep my brains from spilling out. I heard myself screaming, “Mom!” The gunman was still standing there. I thought, “If I don’t pretend I’m dead, he’ll shoot me again.”

This was not a robbery but it was a hate crime. It was just after the tragedy of the World Trade Center on September 11th. The man with the gun was Mark Stroman, a white supremacist, and he was in the middle of a shooting rampage to express his anger towards those of Middle Eastern descent. He shot and killed Waqar Hasan, a man from Pakistan, on September 15; he shot me, a man from Bangladesh, on September 21, 2001, and shot and killed Vasudev Patel, a man from India, on October 4. All the victims were shot while working at gas stations and convenience stores in Dallas.

This incident changed my life, and has helped me to realize that hate doesn’t bring a peaceful solution to any situation. Hate only brings fear, misery, resentment and disaster into human lives. It creates obstacles to healthy human growth, which, in turn, diminishes society as a whole. Mark Stroman’s hate only brought more pain and suffering to an already mourning nation.

For his actions, he was found guilty on April 4, 2002 in the death of Mr. Patel, with a scheduled execution date of July 20th, 2011.

I am requesting that Mark Stroman’s death penalty be commuted to life in prison with no parole. There are three reasons I feel this way. The first is because of what I learned from my parents. They raised me with the religious principle that he is best who can forgive easily. The second reason is because of what I believe as a Muslim, which is that human lives are precious and that no one has the right to take another human’s life. In my faith, forgiveness is the best policy and Islam doesn’t allow for hate and killing. And, finally, I seek solace for the wives and children of Mr. Hasan and Mr. Patel, who are also victims in this tragedy. Executing Stroman is not what they want, either. They have already suffered so much; it will only cause more suffering if he is executed.

The other victims in this tragedy are Mark Stroman’s children. Not only have the Hasan and Patel children lost their fathers, but, if executed, Stroman’s children will lose their father also. I forgave Mark Stroman many years ago. In fact, I have never hated him. I never hated America for what happened to me. I believe he was ignorant, and not capable of distinguishing between right and wrong, otherwise he wouldn’t have done what he did. I think about him waiting in a cell to be executed, and can feel the pain of how ignorance can be driven by such hate, and cause somebody like him to murder two completely innocent people.

I believe that by sparing his life, we will give Mr. Stroman a chance to realize, through time and maturity, that hate doesn’t bring a peaceful solution to any situation. Perhaps, if given the opportunity, it might generate such a positive influence on him that he may want to become a spokesperson against hate crime.

I strongly believe that there are important reasons why God spared my life. I feel driven to bring an awareness of hate crimes to others. Hate crimes of ALL types. To educate those who may be as ignorant as Mark Stroman, and raise a consciousness among people that hating others can never bring lasting peace and satisfaction.

The Impending Execution of Thomas West

Thomas Paul West sits on death row awaiting execution by the people of Arizona on Tuesday, 19 July 2011.

Thomas West admits he killed Donald Bortle while burglarizing Bortle's home. The appellate court summaries are unnecessarily long, and I'll quote instead from the AP story I found at AZcentral.com. The story discusses West's appeal to the clemency board.

In West's petition to the board, defense attorney Dale Baich wrote that West does not deny killing Bortle and is extremely remorseful. He said West's father was verbally and physically abusive and that West was sexually abused by a teacher, a neighbor and a priest at various times in his childhood.

He said West also was recently diagnosed with post-traumatic stress disorder because of his past.

"These sexual predators forever scarred and changed him as a human being," Baich wrote. "Tom offers these facts not to excuse his crime, but to provide an explanation that puts his actions into context."

Prosecutors have said in court filings that West's past abuse "was irrelevant to the circumstances of the murder."

"West murdered Bortle in order to complete his burglary of Bortle's home," prosecutor Jonathan Bass wrote. "He severely beat Bortle's face with a blunt instrument, bound his hands and feet with a vacuum cleaner cord and lamp wire, and threw him in a closet, where he bled to death."

West reported having a vague memory of the crime, and said he "freaked out" when he saw Bortle appear in a hallway as he was robbing his home.

"I can't believe I did this, but I know I did," West said in March. "He did nothing to deserve this."

I don't doubt that West is guilty of the crime for which he is to die. I will therefore stand mute regarding the propriety of the death penalty in his case.

I will admit, however, that this one bothers me a bit more than usual. I'm not sure why. Perhaps it's because he seems sincerely remorseful. Perhaps it's because his crime, vile as it was, was not the worst of the worst. I can't quite put my finger on it.

It's not the first time I've had this feeling. A year ago I wrote extensively of An Unexpected Touch of Sympathy for Ronnie Lee Gardner.

I need to keep reminding myself to conserve my time and energy for those who are factually innocent.

Still ...

The Impending Exection of Kenneth Smith

Kenneth Smith sits on death row awaiting execution by the people of Ohio on 19 July 2011. He and his brother Randy Ray were convicted of killing Lewis and Ruth Ray. Both confessed to the murders. Items taken from the murder scene were found in their possession. Miscellaneous witnesses testified about the Smiths' plan to rob the Rays, and their later boasts that they had killed the Rays. There is no possibility that Kenneth Smith is factually innocent of the crime for which he is scheduled to die.

I provide the following summary of the case from Kenneth Smith's automatic pre-execution clemency hearing held on June 23, 2011. I quote from the section entitled Applicant's Statement.  I'll annotate as I see fit.

On June 7, 2011 an interview was conducted by six (6) Board Members with the applicant via videoconference from the Corrections Medical Center.

This isn't about the case, actually, but it's silly to write six (6). If the word "six" is clear, then there is no need to add the parenthetical (6). If the word six is not clear, then just use 6.

The applicant told the Board that he was truly sorry for his crimes and that he takes full responsibility for his actions that led to the deaths of Lewis and Ruth Ray. The applicant stated he is asking for clemency for his family, his kids and his church because his life has meaning to them. He is requesting clemency in the form of a commutation to life without parole. The applicant explained that he has two children, a son and a daughter, and one grandchild. He related that he has become a better person in the last 16 years, has stayed out of trouble, and has joined the Catholic Church where he is an active member.

The applicant explained that this offense occurred after a day of drinking and ingesting over 100 different pills. He was with friends and had tried to purchase marijuana but he was unable to do so. While he was at a local bar with his brother Randy Smith, the two began discussing their money problems. As they continued to drink whiskey, his brother suggested that they rob Lewis Ray in order to get money. The applicant stated he knew Lewis Ray had just acquired several saws that were being kept in his backyard under a tarp, and that instead of robbing them, they should go steal the saws so they could sell them to pay their bills.

There is evidence that Kenneth Smith carried a hammer as he approached and entered the premises of Lewis and Ruth Ray. There is also evidence that Kenneth Smith struck Lewis Ray at least 27 times with a hammer.The possession and use of this hammer indicates that Kenneth Smith is lying when he testifies that he intended only to steal some saws.

The two drove to Mr. Ray's home, but parked down the street. When they got to the house and opened the gate, a motion detector went off and alerted Mr. Ray. When Mr. Ray came to the door, applicant and Randy Smith went into the house. While the applicant and Mr. Ray were seated at the kitchen table they began to argue about a friend of the applicant who owed Mr. Ray money. The applicant stated Mr. Ray hit him with a coffee pot and the two began to struggle. The applicant then grabbed a hammer from nearby and hit Mr. Ray. The two were wrestling and the applicant stated he doesn't remember much after that.

Kenneth Smith remembers that the victim hit him with a coffee pot, but does not remember that he [Kenneth] sliced Lewis Ray's neck from ear to ear with a large knife.

Then next thing the applicant remembers is looking for Randy and finding him in the bedroom filling up a pillow case with property from the Rays.

At this point, Kenneth left the part out him instructing his brother to kill Ruth Ray, about his brother strangling her, and about him [Kenneth] kicking Ruth Ray's head in to make sure she was dead.

The two left the house and took the property to James Baker's house. James later took the property to his grandmother's house. The applicant admits he and his bother cleaned up, put the weapons, bloody clothing and victim's wallet into a bag and threw it all over a bridge.

The applicant stated that during his time in prison he has become a better person. He has maintained contact with his children through letters, but they have had limited in-person contact. He has also maintained contact with his younger siblings through letters and did write and recently received a letter from his brother Randy.

The applicant pointed out that he has blocked out a lot of the details of his offense. He admitted this is his coping mechanism as it was such a terrible crime. He also admitted that it is possible that the statements made at the time of the offense may be closer to the truth than what he remembers now. He believes he "had to block out the crime to live with myself' and he "created the story" to cope with what he had done.

I oppose the execution of any person who might be factually innocent of the crime for which they are scheduled to die. In cases where there is no chance of actual innocence, such as that of Kenneth Smith, I neither oppose not support the death penalty. Regarding the propriety of Kenneth Smith's execution, I stand mute.

Today I'm Ten Years Gone

The title of this post comes from a blog post by Byron Case. You may recognize Byron's name from the title of my first book.

I had never met or spoken with Byron when I began writing of his case. I choose to write about his trial because the case documents were available online from sites maintained by both his supporters and his detractors. I started writing with no opinion as to his guilt or innocence. I wanted the case to unfold before me as if I were a juror at his trial.

It was a naive thought.

While working on the book, I realized that a recorded phone call, instrumental to his conviction, had been seriously  mis-transcribed. The errors were always to the disadvantage of Byron. Always. I approached The Skeptical Spouse and explained my concern. She agreed that I had a moral obligation to contact his appellate attorney and reveal what I had discovered.

My impartiality had come to an abrupt end.

Byron's relationship with his attorney soon thereafter came to an end as his appeal was completed and submitted. I was too late, and I knew too little then to have any impact on that appeal. It was soon denied.

My relationship with Byron, on the other hand, was just beginning. We speak every other Sunday for 90 minutes, at prison long-distance rates. Each time, we talk about the next step in trying to free him from his wrongful conviction. We both know the odds are long, that years will pass before there is any chance at all.

Bryon has his own blog. He types his posts on his SX typewriter, which he says stands for "Sucks." He mails them to someone outside the walls, and that person sees they appear in his blog, The Pariah's Syntax.

In his bio, there on his blog, Byron describes himself as a writer, wrongfully imprisoned. The description is apt. He is indeed wrongfully imprisoned. He certainly can write. In fact, it's no longer a polite secret that The Skeptical Spouse prefers his writing to mine.

Last month, on the 11th day of June in 2011, Byron wrote of his ten year anniversary behind bars. It wasn't one of his cheerier posts. Allow me to quote just a bit of it.

Today I'm ten years gone. ... Three thousand six hundred and fifty-two days spent in the shadow of oppression, denied rudimentary comforts, and tortured by the threat that it will go on and on and on, to the end of me.

Not one of these days has passed without my thinking, This has to end. Something must make it right. I am obsessed with the idea that truth and justice will eventually be done, never mind the universe full of evidence to the contrary. ...

Everyone has a limit on what they can bear. The trick is rebounding from collapse with a sense of purpose. I like to think I keep purpose foremost on my mind. Every day I wake up dreaming of the end. Every day I wonder how I might bring it about. Every day I focus on freedom. Every day I imagine a future in which every damned day doesn't begin and end locked inside a concrete box. I'm not even angry anymore at my ex, Kelly, the pathetic character whose lies put me here -- Æsop taught us we can't begrudge the scorpion for stinging -- I just want back what was stolen. I just want the bad dream to be over. I just want to live.

I will speak with Byron again in 10 days. We will talk about our next step to reverse this wrong.

Cory Maye, In Light of New Evidence

Radley Balko has another nice article at The Huffington Post about Cory Maye's impending walk to freedom. In this one, Radley takes us inside the courtroom as the judge is finalizing the agreement between the prosecution and defense. This passage really caught my attention.

[Judge] Harrell then lays out the plea, and asks several times in several different ways if Maye understands and accepts the terms of the agreement. "Yes, sir," Maye says.

Harrell then turns to the prosecution to ask if they're still amenable to the plea. [District Attorney Hal] Kittrell then reads a statement that for Maye, his attorneys and his supporters is one of the more satisfying moments of the last 10 years. Kittrell says that the state's decision to agree to a lesser charge came not only in response to the decision from the Mississippi Supreme Court, but in light of "new evidence" that had come out in recent years.

DA Kittrell could have performed his task without adding the part about the new evidence that had come out in recent years. By adding it, he conceded that the State of Mississippi had, at a minimum, overcharged Cory Maye with capital murder. I give him credit for being an upright guy. As a society, we must be willing to admit when we have wrongfully convicted someone, and we must fight to free them. We should not fight blindly to keep the wrongfully convicted imprisoned, nor to see them executed.

DA Kittrell did not elaborate on exactly what new evidence had convinced them to free Cory Maye. His silence on the matter is both frustrating and tantalizing. It allows me to imagine that some of the original observations and insights I presented in my book played at least a small role in Cory's release. In no means do I want to detract from the real heroes in this saga. Radley Balko, Bob Evans, Abe Fortas, Ben Vernia, and numerous others working long pro bono hours deserve the real credit.

Though I sent unsolicited copies of my book to some of them, I have never spoken with any of them, or any of the family for that matter. I wrote my Cory Maye book as an outsider to the case, as I did my Willingham book. I relied extensively on information that others had uncovered, collected, and made public. Nonetheless, I believe I may have uncovered new, additional evidence of Cory Maye's innocence, as I did in Willingham's case.

From The Skeptical Juror and the Trial of Cory Maye, I offer the lead-in comment to the Notes section of my book.

Originality of This Work

Despite a heavy reliance on those who have worked on this case before me, this book is an original work completed independently of those just acknowledged. No one has yet presented the trial testimony in a format palatable to general readership. No one has deliberated the testimony by means of a fictional jury. No one has provided a comprehensive, alternate scenario for the events as portrayed by the State of Mississippi. Specifically, I am unaware that anyone else has publicly put forth the following possibilities:

That the raid may have been orchestrated primarily by Darryl Graves.

That Ron Jones met with Darryl Graves earlier in the day to discuss and plan the raid.

That Ron Jones and Darryl Graves may have together surveilled the duplex on Mary Street, and that the surveillance may have consisted of nothing more than a simple drive by.

That Darryl Graves may have remained behind at the Prentiss police department while Ron Jones led the raid, and that this behavior caused him to be unable to hear the three gunshots from within the Cory Maye apartment.

That Darrell Cooley may have never kicked or shouldered the front door to Cory Maye’s apartment.

That Ron Jones and Darryl Graves may have planned to enter through the rear door due to difficulties associated entering through the front door.

That Ron Jones may not have been wearing his bulletproof vest.

That Darrell Cooley’s testimony about removing Ron Jones’ vest may be contradicted by Ron Jones’ autopsy report.

That the clothing proffered by the State of Mississippi may improperly represent that worn by Ron Jones on the night of the shooting. More specifically that Ron Jones may not have been wearing a vest, and that had he been wearing a groin pad as shown in the proffer, he may not have suffered serious injury.

That Ron Jones may have entered the rear door of Cory Maye’s unit due to his unfamiliarity with the duplex and issues of left/right confusion.

That the confusion between Terrence Cooley and Phillip Allday at the back of the duplex may have stemmed from the realization that Ron Jones was about the enter the wrong apartment.

That Ron Jones may have used a battering ram to breach the rear door, and this use explains his failure to have his weapon drawn.

That the abrasions on Ron Jones’ fingers may have resulted from his use of the battering ram.

That the 35 degree left-to-right, front-to-rear track of the bullet within Ron Jones body may have resulted from the stance he assumed while using the battering ram.

That the fatal bullet may have traveled nearly parallel to the floor, or only slightly upward, and that it may have struck Ron Jones in the abdomen because he had not completely climbed the steps.

That Buddy McDowell may have had Dr. Hayne mark the entry wound on the finger-abrasion diagram to keep the entry-wound diagram from the jurors, and that he may have done so to keep the jurors from learning that the bullet could have changed its direction prior to entering Ron Jones’ body.

In the end, however, wrongful conviction work is not about those who fight to free the wrongfully convicted. It is about those people who we (as a society) have wrongfully put behind bars. As advocates, we frequently work from easy chairs, while sipping a cool beverage and yelling at the cat. If frustrated, we can go out and walk. When tired, we can sleep in a comfortable bed with someone we love. When nature calls we can relieve ourselves in private.

The quarter million Americans who are today wrongfully behind bars have no such simple freedoms.

A couple years ago, I worked successfully to keep our society (us) from adding one more to the quarter million. Now, every day, I work to free two whom we have already put inside. Every day I work to free Byron Case and Michael Ledford.

Maybe someday I will write something that will free one of them.