Posting is a tad slow today. I am having trouble with blogger. Also I have been involved in a pretty spirited debate over the Natural law and Catholic Judges at American Catholic. See these two threads
Supreme Court Justices and Religion and Importance of Natural Law
Are All Abortions Equal?
I was doing some research on this topic and found this article about Sister Helen Prejean who is form Louisiana and is very anti State execution to say the least.
Now Justice Scalia often goes hunting in Louisiana. In fact one of his hunting trips became quite a issue when Cheney came along and people were demanding Scalia to recuse himself from all sort of matters.
I often wondered who Scalia was hunting with. From the above article:
Although they had never met, Sister Prejean told Catholic News Service she knew Scalia was aware of her work because the justice and her brother, Louie, are hunting buddies. That's why he was in New Orleans; he'd just been duck hunting with Louie Prejean.Sister Prejean was returning home from Washington, where she had given a speech at Georgetown University. Two weeks earlier, Scalia gave his own speech there. He said that because no pope had spoken ex cathedra in denouncing the death penalty, he, as a Catholic, had no reason not to approve of it, even to consider it a duty of the state, in keeping with what Aquinas and Augustine taught. He had made similar comments during a death penalty symposium at the University of Chicago days earlier.
With that fresh on her mind, Sister Prejean walked up to Scalia in the airport and introduced herself.After some small talk about what a fine man her brother is and how poor the duck hunting had been, she said in the book, she got to the point: "I'm writing a book about two innocent men I've accompanied to execution, and I know what you said at Georgetown and in Chicago, and I want you to know that I'm taking you on in this book.""He responds in a friendly way, jabbing his hand in the air: 'And I'll be coming right back at you,'" she said.
Small world
I hope Justice Scalia read this book.
ReplyDeleteIII. Death Of Truth: Sister Prejean's book The Death Of Innocents: An Eyewitness Account of Wrongful Executions.
Four articles
(a) "FOR GOOD REASON, JOE O'DELL IS ON DEATH ROW"
scholar.lib.vt.edu/VA-news/VA-Pilot/issues/1995/vp950728/07210224.htm
quote: "The DNA report commissioned by O'Dell and his lawyers actually corroborates O'Dell's guilt. There is a three-probe DNA match indicating that the bloodstains on O'Dell's clothing is indeed consistent with the victim Helen Schartner's DNA as well as her blood type and enzyme factors." "There is certainly no truth to O'Dell's accusation that evidence was suppressed or witnesses intimidated by the prosecution."
(b) "Sabine district attorney disputes author's claims in book"
www(DOT)shreveporttimes.com/apps/pbcs.dll/article?AID=/20050124/NEWS01/501240328/1060
quote: "I don't know whether she is deliberately trying to mislead the public or if she's being mislead by others. But she's wrong,"
District Atty. Burkett, dburkett(AT)cp-tel.net
(c) Book Review: "Sister Prejean's Lack of Credibility: Review of "The Death of Innocents", by Thomas M. McKenna (New Oxford Review, 12/05). http://www.newoxfordreview.org/reviews.jsp?did=1205-mckenna
"The book is moreover riddled with factual errors and misrepresentations."
"Williams had confessed to repeatedly stabbing his victim, Sonya Knippers."
"This DNA test was performed by an independent lab in Dallas, which concluded that there was a one in nearly four billion chance that the blood could have been someone's other than Williams's."
" . . . despite repeated claims that (Prejean) cares about crime victims, implies that the victim's husband was a more likely suspect but was overlooked because the authorities wanted to convict a black man."
" . . . a Federal District Court . . . stated that 'the evidence against Williams was overwhelming.' " "The same court also did "not find any evidence of racial bias specific to this case."
"(Prejean's) broad brush strokes paint individual jurors, prosecutors, and judges with the term "racist" with no facts, no evidence, and, in most cases, without so much as having spoken with the people she accuses."
"Sr. Prejean also claims that Dobie Williams was mentally retarded. But the same federal judge who thought he deserved a new sentencing hearing also upheld the finding of the state Sanity Commission report on Williams, which concluded that he had a "low-average I.Q.," and did not suffer from schizophrenia or other major affective disorders. Indeed, Williams's own expert at trial concluded that Williams's intelligence fell within the "normal" range. Prejean mentions none of these facts."
"In addition to lying to the police about how he came to have blood on his clothes, the best evidence of O'Dell's guilt was that Schartner's (the rape/murder victim's) blood was on his jacket. Testing showed that only three of every thousand people share the same blood characteristics as Schartner. Also, a cellmate of O'Dell's testified that O'Dell told him he killed Schartner because she would not have sex with him."
contd.
contd
ReplyDelete"After the trial, LifeCodes, a DNA lab that O'Dell himself praised as having "an impeccable reputation," tested the blood on O'Dell's jacket -- and found that it was a genetic match to Schartner. When the results were not to his liking, O'Dell, and of course Sr. Prejean, attacked the reliability of the lab O'Dell had earlier praised. Again, as with Williams's conviction, the federal court reviewing the case characterized the evidence against O'Dell as 'vast' and
'overwhelming.' "
Sr. Prejean again sees nefarious forces at work. Not racism this time, for O'Dell was white. Rather, she charges that the prosecutors were motivated to convict by desire for advancement and judgeships. Yet she never contacted the prosecutors to interview them or anyone who might substantiate such a charge.
"(Prejean) omits the most damning portion of (O'Dell's criminal) record: an abduction charge in Florida where O'Dell struck the victim on the head with a gun and told her that he was going to rape her. This very similar crime helped the jury conclude that O'Dell would be a future threat to society. It supports the other evidence of his guilt and thus undermines Prejean's claim of innocence."
"There is thus a moral equivalence for Prejean between the family of an innocent victim and the newfound girlfriend of a convicted rapist and murderer."
"This curious definition of "the victims" suggests that her concern for "victims" seems to be more window-dressing for her cause than true concern."
contd
contd
ReplyDelete(d) Hardly The Death Of Innocents: Sister Prejean tells it like it wasn't -- Joseph O'Dell
by Anonymous, at author's request
In lionizing convicted murderer Joseph O'Dell as being an innocent man railroaded to his 1997 execution by Virginia prosecutors, Sister Helen Prejean presents a skewed summary of the case to bolster her anti-death penalty agenda. While she is a gifted speaker, she is out of her element when it comes to "telling it as it was" in these cases.
Prejean got to walk with O'Dell into the death chamber at Greensville Correctional Center on July 22, 1997. However, she wasn't in Virginia Beach some 12 years earlier when he committed the crime for which he was arrested, convicted and sentenced to death. That is where the real demon was evident, not the sweet talking condemned con-man that she met behind bars. O'Dell was, in the words of then Virginia Beach Deputy Commonwealth's Attorney Albert Alberi (case prosecutor), one of the most savage, dangerous criminals he had encountered in a two decade career.
Indeed,O'Dell had spent most of his adult life incarcerated for various crimes since the age of 13 in the mid-1950's. At the time of the Schartner murder in Virginia, O'Dell had been recently paroled from Florida where he had been serving a 99 year sentence for a 1976 Jacksonville abduction that almost ended in a murder of the female victim (had not police arrived) in the back of his car.
The circumstances of that crime were almost identical to those surrounding Schartner's murder. The victim of the Florida case even showed up in Virginia to testify at the trial. Scarcely a mention of this case is made in the Prejean book.
Briefly, let me outline some of the facts about the case: Victim Helen Schartner's blood was found on the passenger seat of Joseph O'Dell's vehicle. Tire tracks matching those on O'Dell's vehicle were found at the scene where Miss Schartner's body was found. The tire tread design on O'Dell's vehicle wheels were so unique, an expert in tire design couldn't match them in a manual of thousands of other tire treads. The seminal fluids found on the victim's body matched those of Mr. O'Dell and pubic hairs of the victim were found on the floor of his car.
The claims that O'Dell was "denied" his opportunity to present new DNA evidence on appeals were frivolous. In fact, he had every opportunity to come forward with this evidence, but his lawyers refused to reveal to the court the full findings of the tests which they had arranged to be done on a shirt with blood stains, which O'Dell's counsel claimed might show did not have the blood marks from the defendant or the victim.
Manipulative defense lawyer tactics were overlooked by Prejean in her narrative. O'Dell was far from a victim of poor counsel. As matter of fact, the city of Virginia Beach and state government gave O'Dell an estimated $100,000 for his defense team at trial. This unprecedented amount nearly bankrupted the entire indigent defense fund for the state. He had great lawyers, expert forensic investigators and every point at the trial was contested two to five times.
There was no "rush to justice" in this case.
O'Dell's alibi for the night of Schartner's murder was that he had gotten thrown out of the bar where he encountered Schartner following a brawl. However, none of the several dozen individuals supported his contention - there weren't any fights that night. Rather, several saw Miss Schartner getting into O'Dell's car on what would be her last ride.
But Prejean would want us to believe the claims of felon Joseph O'Dell. He had three trips to the United States Supreme Court and the "procedural error" which Prejean claims ultimately doomed him was the result of simple ignorance of basic appeals rules by his lawyers.
Nothing in the record ever suggested that Joseph O'Dell, two time killer and rapist, was anything but guilty of the murder of Helen Schartner.
Justice was properly served.
A few Catholic essays on the death penalty, inclusive of Scalia's, first
ReplyDelete17) "God’s Justice and Ours" by US Supreme Court Justice Antonin Scalia, First Things, 5/2002
http://www.firstthings.com/article.php3?id_article=2022
1) "An unpublished interview with Avery Dulles", All Things Catholic by John L. Allen, Jr., NCRcafe.org, Posted on Dec 19, 2008, at
http://ncrcafe.org/node/2340
2) "Capital Punishment: New Testament Teaching", Fr. John A. Hardon, S.J., 1998
http://www.therealpresence.org/archives/Sacred_Scripture/Sacred_Scripture_014.htm
3) "Amerio on capital punishment ", Chapter XXVI, 187. The death penalty, from the book Iota Unum, May 25, 2007 ,
http://www.domid.blogspot.com/2007/05/amerio-on-capital-punishment.html
4) "Catholic and other Christian References: Support for the Death Penalty", at
www.homicidesurvivors.com/2006/10/12/catholic-and-other-christian-references-support-for-the-death-penalty.aspx
6) Pope John Paul II: Prudential Judgement and the death penalty
http://homicidesurvivors.com/2007/07/23/pope-john-paul-ii-his-death-penalty-errors.aspx
7) "Capital Punishment: A Catholic Perspective", by Br. Augustine (Emmanuel Valenza)
http://www.sspx.org/against_the_sound_bites/capital_punishment.htm