Sgt. Tracy Perkins was convicted at his court-martial of ordering two Iraqis thrown in the Tigeris River. One, Zaidoun Hassoun, drowned. His cousin, Marwan Fadil, climbed out of the river and survived. They were forced to jump in the river at gunpoint. The jury sentenced him to six months in jail and will keep his job in the military, despite a prosecution recommendation of five years and a dishonorable discharge.

Marwan Hassoun testified that he tried to save his cousin by grabbing his hand, but the powerful current swept Zaidoun away. Marwan said the body was found in the river nearly two weeks later.

Perkins said the man had made a gesture of slitting his throat. He said he never meant to injure or kill the Iraqi by throwing him in the river; and he ordered him thrown in the river to teach him a "hard lesson" about threatening U.S. troops. He testified he saw the man climb out alive. "Basically the enemy would test your resolve. ... I didn't want them to think we were soft or weak," said Perkins, who has 14 years of military service.

The enemy? These were two young men whose truck, filled with bathroom equipment, had broken down at night.

The debate continues over the execution of Cameron Todd Willingham last February. Chicago Trib reporters Maurice Possley and Steve Mills outlined the case and its disputed forensics last month.

...trapped to a gurney in Texas' death chamber earlier this year, just moments from his execution for setting a fire that killed his three daughters, Cameron Todd Willingham declared his innocence one last time. "I am an innocent man, convicted of a crime I did not commit," Willingham said angrily. "I have been persecuted for 12 years for something I did not do."

While Texas authorities dismissed his protests, a Tribune investigation of his case shows that Willingham was prosecuted and convicted based primarily on arson theories that have since been repudiated by scientific advances. According to four fire experts consulted by the Tribune, the original investigation was flawed and it is even possible the fire was accidental.

Today a Chicago Tribune editorial focuses on the errors in the Willingham case to make the point:

That's what passes for justice in Texas. The Willingham case undermines the notion that we execute only those we know to be guilty "beyond a reasonable doubt." It should send a shiver across the nation.

Fox News has scored a big one. Denver federal judge Phil Figa has dismissed the libel lawsuit filed against the network and reporter Carol McKinley by John and Patsy Ramsey and their son Burke.

The suit involved a December, 2002 broadcast in which McKinley said there was no evidence of an intruder, and later said the only people in the house were the Ramseys and their son Burke. The Ramseys claimed the broadcast implied one of them had something to do with the crime. The Judge disagreed:

There is a move afoot to make Puerto Rico bi-lingual by requiring the compulsory learning of English as a second language. The argument in favor of the proposal points to China and Chile which have successfully implemented programs to teach school children English and could provide Puerto Rico an opportunity to act as the gateway to South American business.

Proponents of the measure say that fears of "cultural elitists" that a bilingual Puerto Rico would eventually translate into statehood for Puerto Rico are misguided, and that fluency of the English language serves as a tool to ensure prosperity and not as a danger to cultural heritage.

There's lot's more on Puerto Rico at Let Puerto Rico Decide.

Virginia is seeking to criminalize the non-reporting of a miscarriage . The bill is H.B. 1677 and it provides:

"When a fetal death occurs without medical attendance, it shall be the woman's responsibility to report the death to the law-enforcement agency in the jurisdiction of which the delivery occurs within 12 hours after the delivery. A violation of this section shall be punishable as a Class 1 misdemeanor."

Democcracy for Virgina responds:

This from today's Buffalo News....

The Bush administration plans to eliminate a shock incarceration program that many considered a progressive way to help first-time offenders avoid long federal prison terms. While no formal announcement has been made, Carla Wilson, a U.S. Bureau of Prisons spokeswoman in Washington, confirmed Friday that the 14-year-old Intensive Confinement Program will be discontinued.

....The program was designed for younger, nonviolent, first-time convicts who faced no more than 30 months in federal prison. Those who qualified spent six months in an intensive "boot camp" that provided strict discipline, job training and counseling, followed by time in a community halfway house and home confinement.

At least one federal judge is angry. We expect more to have the same reaction - as will many professionals working within the system.

Law Prof Doug Berman of Sentencing Law and Policy analyzes the responses of Alberto Gonzales at his confirmation hearing with respect to some non-torture issues, particlarly, those dealing with rehabilitation of prisoners and the Sentencing Guidelines. In response to a question by Sen. Arlen Specter about differentiating between violent and non-violent criminals, Gonzales replied:

I agree ... that for people who commit violent crimes and are career criminals, they should remain in our prisons. But there is a segment of the prison population — juveniles, for an example, as you mentioned, and first-time, maybe sometimes second- time offenders — who can be rehabilitated. And as I said earlier in response to a question, I think it is not only smart, but I think it's the right thing to do. I think it is part of a compassionate society to give someone another chance.

But, as Professor Berman notes is a follow-up post, the plot thickens. Today's Buffalo News reports the Bush Administration is eliminating its shock incarceration program.

A U.S. Border Patrol Agent appeared in federal court yesterday charged with smuggling 750 pounds of marijuana across the border. The cops caught the agent after a high-speed chase. Pretty ballsy, he was even using an official Border Patrol vehicle. He also had a non-documented immigrant with him.

FBI agents began watching Higareda after learning of a supposed plan to move a giant drug stash over the border from Mexico to a house in Calexico, California using a marked U.S. Border Patrol car, the complaint said. Agents said they watched Higareda meet with another driver at a customs checkpoint, then chased him "at high speeds" about 20 miles to Holtville, California.

Here's the list of inaugural balls set for Bush's second coronation. Check out the names: There's the Stars and Stripes Ball, the Freedom Ball, the Patriot Ball, the Liberty Ball, the Democracy Ball, the Independence Ball...it's enough to make you sick.

On that topic, say hello to Makes Me Ralph, a (mostly) Colorado blog.

Back to the Balls, I wonder if there's any chance MTV will replay the 1993 MTV inaugural ball for then-President Clinton. Maybe they could replay it on the 19th or in the late afternoon or evening of the 20th. It opened with Don Henley singing "Dirty Laundry" and Leonard Cohen's "Democracy." ("Democracy is coming, to the U.S.A.") Even Bob Dylan's "The Times, They Are a Changing." Talk about a backslide...

This was left in the comments today to our latest post on the juvenile death penalty:

how wonderful it was to see my son today. we laughed and talked for a couple of hours. we enjoyed a drink and some junk-food out of the vending machines. we took a couple of photos with a instant camera, photos that i will cherish for ever. we gazed into each others eyes and enjoyed each others company. the time passed so fast, as if it were only minutes.

time's up said the guard, so i gathered my trash and photos. we say our good bye's and i love you's. i walk away, leaving the youngest boy on texas death row waiting for the guards to take him back to his cell.

this is what we do, once a week, until the state of texas kills him or until our standards of decency evolve.

by TChris

During the 25 years he's worked for the New York Metropolitan Transportation Authority, Kevin Harrington has worn a turban. The Sikh subway driver is now being told he'll be demoted to a job in the yards if he defies a directive to wear an MTA badge on his turban.

"I feel wearing the patch violates my religious freedom," Harrington, 53, told The New York Daily News. "The turban is a sacred space, so it's like asking a priest to wear a logo on his vestments."

Harrington's lawyer, Amardeep Singh, said his client had always worn the turban in his 25 years on the job, but it was only after "9/11 that the agency tried to get its Sikh and Muslim employees to stop wearing their turbans and hijabs."

Employees who don't wear turbans presumably affix their badges to other articles of clothing. It's difficult to imagine a nondiscriminatory rationale for denying Harrington the same opportunity. A Justice Department lawsuit, filed in September, should put an end to MTA's infringement of Harrington's right to practice his religion. Until then, Harrington is complying (albeit grudgingly) with MTA's demands.

"It just feels stupid," he said. "I feel like a church has been desecrated."

For reactions on the Andrea Yates decision, see:

• Drop Capital Murder Charges Against Yates.

• Set the Bar Higher: False Witness Rightly Cancels Yates Conviction

• Yates Release, Change in Law Unlikely

• Yates Wins, Shrink Was Delusional