Author: Alan Bean

A Small, Good Week: Three men walk free in Mississippi

Bobby Ray Dixon (pictured to the left) and Phillip Bivens are free.   Thirty years ago, the two men confessed to the brutal rape and murder of Eva Gail Patterson in Mississippi.  A third man, Larry Ruffin, was also wrongfully convicted in this case, but died in prison eight years ago. 

Sophisticated DNA tests, unavailable when Dixon, Bivens and Ruffin were arrested three decades ago,  prove conclusively that these three men are innocent of wrongdoing.

At trial, prosecutors had little evidence to offer apart from the confessions the three men made to investigators.  The confessions were later recanted.  But jurors found it impossible to believe that innocent suspects would cop to a crime they didn’t commit–even for a brief moment.

Why did the three men implicate themselves? (more…)

Standing up for guilty defendants

Michelle Alexander says the criminal justice reform movement should shed its fixation with innocence.  In her groundbreaking book, The New Jim Crow: Mass Incarceration in the Age of Colorblindness, Alexander suggests that reformers start focusing on normal defendants.  Since most criminal defendants done the deed, that means going to bat for guilty people.  Why would we want to do that? (more…)

Building a common peace consensus

We look back on the race-baiting of a George Wallace or the Red-baiting of a Joe McCarthy with a mix of pity and disgust.   In retrospect, Richard Nixon’s Southern Strategy creates a feeling of dismay.  In 1970, the now-repentant Kevin Phillips described the logic of the Southern strategy this way in a New York Times interview:

From now on, the Republicans are never going to get more than 10 to 20 percent of the Negro vote and they don’t need any more than that… but Republicans would be shortsighted if they weakened enforcement of the Voting Rights Act. The more Negroes who register as Democrats in the South, the sooner the Negrophobe whites will quit the Democrats and become Republicans. That’s where the votes are. Without that prodding from the blacks, the whites will backslide into their old comfortable arrangement with the local Democrats.

At least the guy was straightforward. (more…)

Support for Scott Sisters Grows as Governor Dithers

Attorney Chokwe Lumumba

An alleged robbery in 1993 netted $11 in cash and two double-life sentences for Jamie and Gladys Scott of Forest, Mississippi.  An article in USA Today provides a concise summary of the crime as it was presented to the jury by prosecutor Ken Turner: 

“The Scott sisters were accused of orchestrating the armed robbery of two men on a rural road near Forest, Miss., on Christmas Eve 1993. According to court documents, the sisters enticed the two men to take them on a ride to a nearby nightclub. Witnesses testified that during the ride Jamie Scott complained of nausea. When the car pulled over three men in a following car robbed them at gunpoint. After the robbery, the victims testified the sisters left with the three men. Both the victims and the accused are black.” 

Seventeen years later, it is difficult to know if this an accurate depiction of events.  The Scott sisters were represented by an inept attorney who was disbarred two years later.  Neither sister testified and no witnesses were called on their behalf, so the state’s theory of the case went unchallenged.  (more…)

Reaping the American whirlwind

New York Times Columnist Tom Friedman argues that American schools are failing because students lack motivation.  It ain’t the parents and don’t blame the teachers–the problem is the kids. 

Friedman gets his information from Washington Post economics columnist Robert Samuelson who says: “Motivation is weak because more students (of all races and economic classes, let it be added) don’t like school, don’t work hard and don’t do well. In a 2008 survey of public high school teachers, 21 percent judged student absenteeism a serious problem; 29 percent cited ‘student apathy.’ ”

Want to know why America is on the downgrade?  It’s the damn kids! (more…)

Texas Death Race

Rebel 1Judge John Miller and County Attorney Val Varley are locked in a neck-and-neck race to see who qualifies as the most bizarre public official in the great state of Texas.  Since a subscription is required, I have copied the story from the Texarkana Gazette that updates an important story from Red River County

Miller is the judge who was recently recused after going to war with the state Attorney General’s Office.  Varley is the prosecutor who accused a Texas attorney and his wife of a heinous crime on the uncorroborated word of an emotionally disturbed woman with a checkered past.   Since the finish line in the Varley-Miller race is the lip of a yawning precipice (think of James Dean and “Buzz” in Rebel without a Cause), there can be no winner and Red River County justice is the clear loser. (more…)

Up on the tightwire: Obama walks a fine line on criminal justice reform

I’m up on the tightwire
One side’s ice and one is fire
It’s a circus game
With you and me

I’m up on the tightrope
One side’s hate and one is hope
But the top hat on my head
Is all you see

-Leon Russell

This thoughtful article in Politico portrays Barack Obama as a criminal justice tightrope walker.  He knows the system is in desperate need of reform.  He isn’t comfortable with Bill Clinton’s shortpsighted (and self-serving) policy of  out-toughing the Republicans on crime.  But as America’s first black president, Obama is fighting the not-so-subtle racism lurking just beneath the surface of the crime debate.  (more…)

Jen Marlowe digs beneath the surface of the Troy Davis case

Since a federal judge in Georgia characterized Troy Davis’s innocence claims as “smoke and mirrors” the mainstream media have given only passing attention to the case.  Jen Marlowe’s well-researched piece in The Nation is a welcome exception to the general rule.   Marlowe moves through the evidence witness-by-witness displaying a thorough familiarity with the case.  I have pasted an excerpt below.  After describing the scene at the June 23 hearing in Savannah, Marlowe lays out the evidence: (more…)