Terry Nichols's defense begins its presentation in the death penalty phase of his trial. Here's an interesting factoid: There are no more alternate jurors.
That's right. No more. So if one juror gets sick, Terry Nichols jury can't finish deliberations. Mistrial as to the sentencing. The matter goes to the judge, and under Oklahoma law, he has to impose a life sentence. Question: What's to prevent one juror, who wanted to make sure Nichols' got a life sentence, from just calling in sick?
All those millions spent prosecuting a man already serving a life sentence would be down the drain. For those of us opposed to the death penalty, we can't think of a more fitting ending.
Some legal eagles have suggested that the Judge could convene a second jury and retry the sentencing. We disagree. But even if it were legally possible, we don't see it. This judge has had enough. He's not going through this again.
Update: A commenter thought we were advocating that a juror pretend to be sick. We were not. That would be a fraud upon the court. Our comment about a fitting ending related to the possibility that a juror might really get sick and be prevented from deliberating.
by TChris
Freedom of speech means freedom to protest -- except in Westwood, Massachusetts, where Joseph Previtera Jr. was arrested for engaging in an act of "street theater." Previtera stood on a milk crate outside a Military Recruiting Center wearing a hood and shawl, with wires dangling from his outstretched hands -- copying a photo released in the Abu Ghraib prison scandal. He was hoping to give potential recruits a different perspective on war than they were likely to receive from the recruiter.
The police responded by arresting Previtera for disturbing the peace, making a false bomb threat and possession of a hoax device. But Previtera said nothing about a bomb; in fact, silence was part of his protest, making it difficult to understand how the peace was disturbed by anyone other than the police, who brought in the bomb squad and taped off the area around Previtera before taking him into custody.
The wires constituted the "hoax device," and the "threat," according to the police, was implied, not stated: although the wires weren't attached to anything, a complete idiot may have been able to imagine that they had something to do with a bomb. Previtera isn't a violent man, but the police who arrested him for exercising his right to protest did violence to the First Amendment.
It's semi-official. Once the U.S. turns power over to the Iraqi interim Government on June 30, the death penalty will be restored:
Justice Minister Malik Dohan al-Hassan today said: "The death penalty is suspended in Iraq, but with the return of sovereignty, nothing obliges us to maintain this suspension. "We want to reinstitute it for very specific cases." The death penalty was suspended in Iraq by then US Central Command chief General Tommy Franks in April last year, as the US-led coalition invaded the country and toppled Saddam's regime.
Saddam likely will not be happy to hear it. Especially because if Saddam were tried in an international court, there would be no death penalty. Here's an outline of the charges that are expected to be lodged against Saddam. Here are some excellent reasons why Saddam should be brought before an international tribunal.
We've increased our contributions options on the left side of TalkLeft. We've reinstated our Amazon "Wish List." We're really hoping to be able to get a MAC notebook and big screen monitor to be used for blogging. Too many people tell us that for graphics and ease of use, Apple is the way to go. So if you really like TalkLeft, and MACS, and would like to see us switch, feel free to buy us one. Otherwise, we're still in need of a flat screen lcd monitior for our Windows' computers. There's one of those on the wish list as well. And a couple of books we'd like to read. No need to buy us anything, only if you want to.
Then, if you do, go here. You can even buy us something we didn't ask for. TL appreciates all gifts.
Skippy has the details of the celestial event which will allow us mortals to observe the planet Venus on Tuesday.
In a rare show, the elegant white planet will pass directly between the Earth and sun tonight and tomorrow morning, a phenomenon last observed in 1882.
Only visible in the Eastern U.S., the rest of us can watch on the internet. Why would we? Back in the late '60's, early '70's, while attending college in Ann Arbor, one of our many jobs to help pay our tuition was that of professional astrologer. Venus was a very special planet to us. Venus occupies the 7th house of love and marriage. She also rules justice - libra- and the law. We've always been very respectful of the planet.
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Florida state senator Mandy Dawson is asking again for a constitutional amendment to restore voting rights to Florida's felons who have completed their sentences:
With state and national Democratic leaders concerned about a new purge of felons from voter rolls, state Sen. Mandy Dawson wants the party to support a constitutional amendment that would restore felons' rights -- including the right to vote -- once they have completed their prison sentences.
The issue is clouded by race because of the disproportionate number of blacks in the state who have felony records and are unable to cast ballots. Democrats are concerned that blacks, long loyal voters for their candidates, will refrain from voting this year, fearing a repeat of the 2000 presidential election. Thousands of eligible voters were turned away from polls that year because they had mistakenly been purged from the voting lists as felons. Many of them, in fact, had no criminal records.
This is the fifth year Sen. Dawson has sought such an amendment. It's not likely to happen this year. Jeb Bush opposes it. But it should. Here are the numbers.
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by TChris
Conservatives who were obsessed with the Superbowl appearance of Janet Jackson's nipple are losing steam in their effort to stiffen indecency rules for broadcasters.
A Senate bill to increase fines for broadcasting indecency includes a provision that would "roll back, at least temporarily, rules passed by the [FCC] last year that would permit media conglomerates to own newspapers in markets where they already own radio and television stations." The administration and some of its Republican supporters want to help media conglomerates get bigger, and are looking for a way to uncouple the bill's indecency and ownership provisions.
Senators also face "the peril of investing too much political capital in a divisive issue, which has pitted some social conservatives and child-advocacy groups against big broadcasters and civil rights advocates."
Moreover, in recent weeks, the issue of the war in Iraq - particularly the prisoner abuse scandal - has moved to the forefront of the national political agenda in a way that was not the case on Super Bowl Sunday, when the exposing of Janet Jackson's right breast during the halftime show caused such a stir. Politicians who push too hard on the decency issue may risk appearing to have their priorities out of whack.
Having out-of-whack priorities has never bothered the right wing, but Janet's nipple does seem trifling when compared to the 800-plus American soldiers who have died in Iraq.
Funeral events for former President Ronald Reagan (all times EDT).
We wonder how much of it will be carried live by the cable news networks, and how much will be replayed in the evenings. We might like to watch the funeral procession and ceremony on Wednesday evening, but we plan to spend the remainder of the time covering other news.
MONDAY
1 p.m.: Reagan family motorcade and hearse leave Santa Monica funeral home en route to Ronald Reagan Presidential Library in Simi Valley.
2 p.m.: Reagan family private ceremony at library.
3 p.m.: Reagan lies in repose at the library's main lobby for public closed casket visitation which continues through the night. Buses will transfer visitors from Moorpark College in nearby Moorpark.
TUESDAY
9 p.m.: Lying in repose at library ends.
Wednesday
11 a.m.: Nancy Reagan and family arrive at Ronald Reagan Presidential Library in Simi Valley, Calif.
11:15 a.m.: Departure ceremony at the library.
11:30 a.m.: Reagan family motorcade departs library for Point Mugu Naval Air Station.
Noon: Departure ceremony at air station.
12:30 p.m.: Aircraft departs Point Mugu for Andrews Air Force Base outside Washington.
5 p.m.: Aircraft arrives at Andrews.
6 p.m.: Formal funeral procession to Capitol, with coffin transfer from hearse onto horse-drawn caisson at 1600 Constitution Avenue. The caisson will continue east on Constitution and a 21-aircraft flyover will coincide with the cortege crossing Fourth Street at 6:05 p.m. It will proceed one block on Pennsylvania Avenue to the west side of the Capitol. Eight-member coffin-bearing teams with representatives from each branch of the military will carry the coffin toward a first-floor entrance. Mrs. Reagan will await the coffin inside the Capitol.
7 p.m.: State funeral ceremony in Capitol rotunda for Reagan family and dignitaries. No one but Mrs. Reagan and the immediate family will be seated. The coffin will be arranged with the head to the east and the feet to the west.
8:30 p.m.: Lying in state begins in rotunda and continues through the night. The public will file around the coffin and then leave the building through the same door used to enter.
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by TChris
"There is no better way for a political party to establish the legitimacy of its political point of view than to declare that Jesus is one of its members." Steve Duin quotes Tony Campolo to explain why Jesus joined the Republican Party in the late 1980's.
Duin notes that the Bush campaign is striving to turn churches into campaign field offices and suggests that the churches should try to cut a better deal in exchange for their support.
Why not insist on universal health care and cheaper drug prices for the elderly so middle-class Republicans can focus on immediate family needs? Why not order the administration to replace John Ashcroft at the Justice Department with Eliot Spitzer so the White House can train its guns on white-collar criminals rather than septuagenarians seeking autonomy at their own end times?
Instead, they give up their time and votes in trade for unenforceable laws banning abortion procedures and meaningless squawking about threats to the sanctity of heterosexual marriage. With Jesus on their side, you'd think they could do better.
by TChris
Florida is up to its old tricks, trying to assure that potential voters in Democratic counties are disenfranchised, lest they vote for someone other than the Governor's brother.
Florida Secretary of State Glenda Hood has now told county supervisors that 47,000 more names are likely to be purged from the voter rolls this year, and election watchdogs fear that Florida is poised to repeat the mistakes of 2000 on a much larger scale.
Hood claims that procedures are in place to assure that voters aren't mistakenly removed from the rolls, as they were in 2000, but "the state is using the same flawed database that misidentified so many voters in 2000 and has done little to improve its accuracy."
Hood staunchly denies that politics is at play, but her critics point out that almost a third of those listed reside in the heavily Democratic South Florida counties of Miami-Dade, Broward and Palm Beach. Polls show that Democratic contender John Kerry and President Bush are running neck and neck in the state, where the President's brother Jeb is Governor.
Yesterday we noted with sympathy the passing of former President Ronald Reagan. As his deification by the media and the right continues today, we thought we'd point out three of his less-than-endearing legacies:
- Mandatory minimum drug sentences in 1986. This was the first time Congress passed mandatory minimum sentences since the Boggs Act in 1951.
- Federal sentencing guidelines: Under this new method of sentencing which went into effect in 1987, prison time is determined mostly by the weight of the drugs involved in the offense. Parole was abolished and prisoners must serve 85% of their sentence. Except in rare situations, judges can no longer factor in the character of the defendant, the effect of incarceration on his or her dependents, and in large part, the nature and circumstances of the crime. The only way to receive a more lenient sentence is to act as an informant against others and hope that the prosecutor is willing to deal. The guidelines in effect stripped Article III of their sentencing discretion and turned it over to prosecutors.
- The Anti-Drug Abuse Act of 1988: This law established a federal death penalty for "drug kingpins." President Reagan called it a new sword and shield in the escalating battle against drugs, and signed the bill in his wife's honor:
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We are anxiously awaiting tonight's season finale of "The Sopranos." Here's the clues, as offered by HBO:
- Tony's crew circles the wagons as Johnny Sack turns up the heat.
- Carmela counts her blessings;
- Christopher is freaked out by an unexpected visitor;
- Benny's connection to the plumbers' union comes in handy;
- AJ demonstrates his business acumen;
- and Tony ponders whether to execute a "sacrifice bunt."
Here's some possibilities:
- Someone will get whacked. Will it be Tony's cousin Tony B. or Christopher or mob boss Johnny? This reviewer thinks it's Christopher.
- Will Tony's burned mistress or the black bear make a return appearance to cause some final trouble?
- Will Christopher's visitor be the FBI or Adrianna who turns out not to be dead?
We'll go with this reviewer who predicts much of the action will revolve around an engagement party at home for Meadow. We think this will be cousin Tony's (Steve Buschemi's) last appearance, but we don't know if he gets whacked or set up like a guy in a previous episode to go back to prison.
Predictions, anyone?
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