Posts From: February, 2010
This Week in Innocence
Friday, February 19th, 2010Two innocence-related cases in the news this week:
First, North Carolina’s state-run innocence commission—the only state-run innocence agency in the country—has found its first exoneration.
…a panel of North Carolina judges ruled Wednesday that a man was wrongfully convicted of murdering a prostitute in 1991 and freed him after 16 years in prison.
The three-judge panel found “clear and convincing evidence” that the man, Gregory F. Taylor, was innocent and had been convicted based on flawed evidence and unreliable testimony.
It was the first case won by the commission, which was established in 2006 after a wave of embarrassing wrongful convictions in North Carolina…
After the verdict, the Wake County district attorney, C. Colon Willoughby Jr., apologized to Mr. Taylor.
“I told him I’m very sorry he was convicted,” Mr. Willoughby told The Associated Press. “I wish we had had all of this evidence in 1991.”
Second, next week Texas is scheduled to execute Henry Watkins Skinner for killing his girlfriend and her two sons in 1993. Northwestern University’s Medill Innocence Project—which has a pretty good record in these cases—believes there’s a good chance he is innocent. The most troubling part of Skinner’s pending execution (and there’s plenty about his case to be troubled by) is that there’s still DNA from the crime scene that prosecutors refuse to test. So far, Texas’ courts have refused to force the state to make the evidence available for testing. Skinner has maintained his innocence since his arrest.
A DNA test isn’t expensive, and isn’t particularly time consuming. The problem in this case seems to be that the prosecution can put Skinner at the crime scene at the time of the murders, and that’s good enough for them. Skinner says he was comatose from an alcohol and codeine overdose when the murders took place, an alibi Medill says is backed by blood tests taken after his arrest. A DNA test on hair or blood at the scene that doesn’t match Skinner or the victims, then, wouldn’t necessarily prove Skinner is innocent, but it would certainly complicate the state’s case against him, especially if it matches the person Skinner’s attorneys suspect committed the crimes, an uncle of Skinner’s girlfriend. But if you’re going to execute someone, it seems like you probably should have first exhausted any possibility that someone else committed the crime.
Skinner’s pending execution is all the more troubling given Texas Gov. Rick Perry’s efforts to bury a state forensic commission’s investigation into the state’s possible wrongful execution of Cameron Todd Willingham in 2003.
Email of the Day
Friday, February 19th, 2010Lovely:
A libertarian flies a plane into an IRS building and you have nothing to say about it. That’s odd.
Wayne Nix
Sorry for my silence. It’s just that yesterday’s events have stunned me into a moral crisis. I’ve been up all night recontemplating my entire political philosophy. It’s so clear now how a philosophy that espouses nonviolence and peaceful, voluntary exchange could drive a man to fly a plane into a building in a murderous, suicidal act of hate.
I can’t believe I didn’t see it all along.
Five-Star Fridays
Friday, February 19th, 2010“Head On,” by the Jesus & Mary Chain.
Afternoon Links
Thursday, February 18th, 2010- New Yorkers embrace Bloomberg’s Nanny State. Bill of Rights probably wouldn’t win a popular vote there, either.
- Interesting reaction to my column on DNA exonerations discussing false confessions and the lessons for torture.
- Spies, assassins, and fake beards.
- This seems like a bad sign.
- See, we have to watch all this gay porn so we know how bad it is. Seriously. What? Why are you looking at me like that?
- This story about a school district using school-supplied computers to spy on students via webcam is making the rounds right now. Remember that it is one side of a lawsuit. I’m a little dubious. It seems awfully brazen to me. If it’s true, I’ll be the first to call for tar and feathers.
- He was immediately offered an internship at Dunder-Mifflin.
- What every parent should know about the TV show Glee. Wonderful bit of satire.
- Village of 292 people hires a Washington lobbyist.
- Atlanta woman arrested after asking a cop “why” when he demanded she move from a public sidewalk.
So. Very. Sad.
Thursday, February 18th, 2010From the people who brought you Flat Daddy….
(And yes, it appears to be real.)
Taxpayers Underwrite Prosecutors’ Negligence; Negligent Prosecutors Get Promoted
Wednesday, February 17th, 2010Larimer County, Colorado will pay Tim Masters $4.1 million for his 1999 wrongful murder conviction. Masters was released last year after he was exonerated by DNA testing. The money will come from the county’s risk management fund and from a payment from the county’s insurer. The former is funded by taxpayers, and the latter will almost certainly raise the county’s premiums, also paid by taxpayers.
More interesting is who won’t be paying. Former prosecutors Terry Gilmore and Jolene Blair convicted Masters on flimsy evidence (some drawings he’d made and testimony from an alleged expert on sexual deviants). They were also actually censured by Colorado Supreme Court for not bothering to look into evidence undermining their case against Masters, as well as for withholding exculpatory evidence from Masters’ attorneys. The censure was an unusual reprimand for misbehaving prosecutors. But it was largely symbolic. As noted, Gilmore and Blair won’t have to pay a dime to Masters. And both will get to keep their current jobs: They’ve both since moved on to become judges in Larimer County District Court, where they preside over other criminal cases.
Both negligent-prosecutors-promoted-to-judge said through their attorneys that they oppose the settlement, and are confident they’d have won if the lawsuit had been brought to trial. The way the law stands now, they’re probably right.
No More Flashbangs in Drug Raids
Wednesday, February 17th, 2010My crime column this week calls for an end to the use of “flashbang” grenades during drug raids.
Agitator Adolescence
Wednesday, February 17th, 2010Just realized that Sunday marked the eighth anniversary of this blog.
Many of the college students I spoke to this weekend were in elementary school when I started blogging.
That’s crazy.
Reason Saves Cleveland
Wednesday, February 17th, 2010Coming soon…
Afternoon Links
Wednesday, February 17th, 2010- No criminal charges against the NYPD officers who shot groom-to-be Sean Bell in 2006.
- A history of tech panics, going back to Socrates.
- Meet George Hutchins, the man who wants to lead North Carolina’s 4th Congressional District . . . into 1995.
- Make of this story what you will. Even if the guy was acting erratically, seems like the cops ought to show some restraint. And if true, the show of force at the hospital was ridiculous. Also, for goodness sake, drop the charges. Interestingly, the comments aren’t as pro-police as you typically see in these stories.
- Gulp!
- Audit finds the Census has already wasted millions, and it hasn’t officially started yet.
- Interesting article on the use of food and drink in police interrogations.
- How the Beatles contributed to soaring health care costs.
Least Surprising News of the Day
Wednesday, February 17th, 2010Mary Beth Buchanan is running for Congress.
I’m trying to think of someone I’d less rather see in Washington.
The list is pretty short. Bill Belichick, maybe.
Creepy Government Database Watch
Tuesday, February 16th, 2010CNN reports has a story on parents who are fighting state efforts to keep newborn DNA on file after the child is tested for genetic defects.
The genetic tests are done without the parents’ consent, and some states then keep the DNA profiles for years. State laws vary on length of time the samples are kept, from just a few days in many states; to Indiana and New Jersey’s oddly specific 23-year cutoff; to California and Florida, which keep the DNA “indefinitely.”
States also vary on whether the newborns’ names are attached to the samples, and the procedures by which the DNA profiles are loaned out to academic researchers.
Just Another Saturday Night in Tampa
Tuesday, February 16th, 2010Talk about taking the show on the road.
Déjà Vu, a gentlemen’s club located on East Adamo Drive, has started driving what it calls the “Stripper Mobile” around town. The “Stripper Mobile” is a large truck with Plexiglas sides featuring a stripper pole and dancers inside, sort of like a peep show on wheels.
Reaction so far, according to Déjà Vu dancer Bree, has been crazy.
“Everybody’s taking pictures and running up and screaming and trying to get on the bus and throwing dollars outside. It’s actually very exciting,” she said.
The “Stripper Mobile” was originally driven in Las Vegas until local leaders there put the brakes on the vehicle last November. The owners eventually sent it to Tampa, where Déjà Vu’s general manager says they’re taking it out on Friday and Saturday nights between 10 P.M. and 2 A.M. in places like Ybor, Channelside and South Howard Ave.
“We have had a few frowns here and there, but for the most part it’s all thumbs up,” he said.
Apparently, even Vegas passed on the idea when it was first tried there.
Another Government Assault on Pain Patients
Tuesday, February 16th, 2010Photo of the Day
Tuesday, February 16th, 2010Alexandria, Virginia.
Students for Liberty
Tuesday, February 16th, 2010Over the weekend, I spoke at the third annual International Students for Liberty conference.
All due props to Alexander McCobin, who started this organization. I’ve spoken at two of their big conferences, a regional conference, and at several campus chapters around the country. I’m a little more impressed by these students every time I speak to them.
This year there were about 250 students in attendance from all over the country. These kids are smart, engaging, interested, and incredibly well-read. I didn’t talk to a crazy person all weekend. Better yet, the conference was surprisingly gender-balanced. Diverse, too.
I don’t think I even heard the word libertarian until about my junior year in college, and I went to large Big Ten school. It’s great to see that that’s changing. At a couple schools I’ve spoken to in the last couple years, the SFL chapter is larger than the College Republicans or College Democrats. At many, they’re more active.
It’s been encouraging and heartening not only to watch the organization grow, but to grow without making least-common-denominator appeals to the nuttier, conspiratorial fringes of libertarianism.
Almost enough to temporarily relieve me of my cynicism. Almost!
Morning LInks
Tuesday, February 16th, 2010- Measuring the speed of light with leftover chocolate.
- Another look at the disconnect between crime trends (which are getting better) and public perception of crime (which is that it’s getting worse).
- The Garrity Rule really needs more public discussion.
- A Brief History of Pretty Much Everything.
- The NFL tries to claim its copyright notice is protected by copyright. The rest of the article looks at how companies vastly overstate their copyright protections, and usually get away with it.
- The New York Times looks at Vice magazine’s infiltration of and contributions to the popular media. Their videos from North Korea and Liberia were incredible. Also, I had no idea Vice had gotten so big.
We Won’t Raid Medical Marijuana Producers . . . so Long as They Aren’t Successful at It. And Don’t Talk About It.
Monday, February 15th, 2010Last Friday, the DEA raided a medical marijuana producer in Colorado. The story needs some fleshing out, but at the moment it appears that Chris Bartkowicz wasn’t violating any state law. Medical marijuana is legal in Colorado. His offense appears to have been boasting about how much money he makes growing the drug for patients.
DEA agents converged on the house Friday afternoon and, before leaving several hours later, removed dozens of marijuana plants in black plastic trash bags as well as numerous high-powered growing lights.
On Thursday night, 9News promoted a story about Bartkowicz’s operation, and on Friday morning, Bartkowicz was featured in a 9News story posted to its website and published in The Denver Post. The story was to air on television Friday night. He told the station he serves as a caregiver to a number of medical-marijuana patients and hoped to turn a profit this year in the hundreds of thousands of dollars.
“I’m definitely living the dream now,” Bartkowicz told 9News.
The DEA is not only unapologetic, they appear to be blatantly ignoring last year’s directive from the Obama Justice Department instructing U.S. attorneys to allow medical marijuana growers and distributors to operate so long as they’re complying with state law.
Along with the raid, Jeffrey Sweetin, the Drug Enforcement Administration’s special agent in charge of the Denver office, sent a message to anyone involved in Colorado’s increasingly profitable medical-marijuana industry.
“It’s still a violation of federal law,” Sweetin said. “It’s not medicine. We’re still going to continue to investigate and arrest people.”
Bartkowicz is being held over the Presidents Day weekend while the office of Colorado U.S. Attorney David M. Gaouette decides if he’ll be charged.
Last October, I expressed some skepticism about Obama’s announcement to end the federal medical marijuana raids. My Reason colleague Jacob Sullum did too.
Morning Links
Monday, February 15th, 2010- “All presidents are above average.” Starting the Cult of the Presidency at an early age.
- This guy nails it.
- The tone of this article seems surprised that spending on lobbying is up “even in a recession.” When the party in power is making plans to vastly expand the size and scope of government, it’s a pretty sure bet that interest groups are going to spend a lot of money to (a) get a piece of the action, and (b) ensure regulations are written in a way that benefits them, or at least that hurts competitors.
- Next time the U.S media gets (justifiably) outraged over U.S. journalists detained in North Korea or Iran, it’s worth remembering that our own military has been detaining foreign journalists without charges, too.
- Cop cracks jokes on Facebook about shooting citizens practicing their legal right to open carry.
Photo of the Day
Monday, February 15th, 2010
Alexandria, Virgina.
Sunday Links
Sunday, February 14th, 2010- Crappiest Valentine idea ever.
- Ocean depth, to scale.
- Reason magazine: too hot for prison!
- Comic book collector gets six months in prison for importing manga.
- Sen. Mitch McConnell (R-Ky.) weeps as he sends his chief of staff off to make boatloads of money, likely by lobbying Sen. Mitch McConnell.
- Dogs howling at the intro to Law and Order.
Obama. Taxes. Lies.
Saturday, February 13th, 2010Obama, during the 2008 campaign:
“If you are a family making less than $ 250,000 a year……you will not see your taxes go up. Not your capital gains tax, not your payroll tax, not your income Tax, no taxes. Your taxes will not go up.”
Obama in an interview with Bloomberg this week:
President Barack Obama said he is “agnostic” about raising taxes on households making less than $250,000 as part of a broad effort to rein in the budget deficit.
Obama, in a Feb. 9 Oval Office interview, said that a presidential commission on the budget needs to consider all options for reducing the deficit, including tax increases and cuts in spending on entitlement programs such as Social Security and Medicare.
“The whole point of it is to make sure that all ideas are on the table,” the president said in the interview with Bloomberg BusinessWeek, which will appear on newsstands Friday. “So what I want to do is to be completely agnostic, in terms of solutions.”
He makes lying sound so reasonable, doesn’t he?
I’m . . . Speechless
Saturday, February 13th, 2010This may be the greatest thing I have ever seen.
How About “People Who Enjoy Brunch”?
Friday, February 12th, 2010Weird poll of the day: According to a new New York Times/CBS News survey, 79 percent of respondents who identified as Democrats say they favor allowing gay men and lesbians to serve in the military, and 60 percent favor allowing them to serve openly.
But according to the same poll, only 59 percent of Democrats favor allowing homosexuals to serve, and only 44 percent favor allowing them to serve openly.
According to the New York Times’ “The Caucus” blog, the weird disparity wasn’t as prominent with Republicans and independents.
(DISCLOSURE: I enjoy brunch more than any straight man should.)
TheAgitator.com