|
June 2004
Balancing The Scales of
Justice...Finally
Most
recently, the United States Court of Appeals for Fifth Circuit, passed down
a monumental judgement (rare) in the case of Texas deathrow inmate Max
Alexander Soffar.
The Court first handed
him a favorable ruling in the year of 2000, but prosecutors petitioned the
three panel of Judges (3) for an en-banc, which is a request for the
entire court of 18 judges to hear the case. The petition was granted, but
the court would not hear the case for almost 2 years later.
When the court finally
re-entertained the Soffar case again... in full court, the end results
were the same as before... they previously ordered that Max A. Soffar be
released, unless the State begins a retrail of Soffar within 120 days of
the ruling.
The basis of the
legal challenges were "ineffective-assistance", because his
court appointed lawyer failed to properly exhaust this challenge on State
habeas petition and neither raised it on federal habeas petition. The
Judges who oppossed relief, sided with the prosecutors assertion that
Soffar was procedurally barred on the claim because he did not raise it on
federal habeas. The "majority" stated that at issue more
importantly was "not" whether he raised it or not, but was his
lawyer competent in his decision to not raise a strong constitutional
legal claim previously raised?
The Courts Majority
agreed that the lawyer used poor judgement and Soffar should not be
procedurally barred for his lawyers incompetence. It is rare for this
court to make such a positive monumental ruling in favor of a
deathrow inmate. The ruling gives hope to many other death row inmates in
Texas who were also procedurally barred because of incompetent attorneys.
This positive shift in
the Courts way it rules, gives credibility to balancing the scales of
Justice. The 5th circuits past has not always been death penalty friendly,
ut lately they have made favorable rulings in two other Texas death
penalty cases 1.) Willie E. Pondexter and 2.) Gaylon Walby, Jr. This could
be done due to the U.S. Supreme Courts admanishments last session
(3-times), in which the highest court in America questioned whether Texas
death penalty cases were being heard fairly (march 2004).
Hopefully, the court
will continue in this manner of Judicial fairness.
Sincerely;
Farley Matchett
June 2004
Prison Abuses ... Abroad one in America
The situation that took place at Abu
Ghraib Prison was one that evoked a range of emotions from shock, anger,
sadness and finally digust ... at how one human being could be so cruel,
so brutal and so degrating towards another human being.
Surprisingly it has been the american
public leading the out cry against these abuses, but this is the very same
public that turns a deaf ear to the abuses within american prisons. The
inmates have endured countless years of beatings, excessive use of force,
excessive use of fear gas and other degradations.
Most of the accused Military Policemen
have some background experience in the correctional field profession.
The platoon leader worked at a
correctional facility and had been diciplined numerous times for auses.
Since he always got away with it, maybe its safe to say that he felt this
practice would be acceptale abroad? If this is their documented bahaviour
at home, then their acts abroad should not come as a shock to the american
public. Reason being is ... the american public is the same society that
condoned abuses within american jails, but now that the world has seen it,
they want to condemn it ... thanks to the idiot who felt it would be nice
to videorecord it for future laughs.
What was done to the Iraqi prisioners
was very wrong and the sad aspect is they committed no crime. They are
prisoners of war and are protected under the Geneva code of convention,
but somehow that was over looked. Strange how the Geneva Code was invoked
when Iraq had american prisoners.
Right here in america, lies an abundance
of horror stories far worse than Abu Graib could ever be. Unfortunately
there is not an idiot with a video-cam to record the lack eyes, scars,
bruises, broken noses, broken arms-legs and missing teeth. Investigations
are run by the same system that employes the abuses ... and the violence
continue.
Lets look at the abuse Mrs. Davidson
suffered as she became a victim of prisoner abuse ... in its most
deadliest form. An Extraction team of 5 guards, all weighing over 200
pounds each, run into a cell in split second timing after the inmate is
gassed ... in the eyes. He is hit with such a force of 1,000 - 1,500
pounds in a 1½ meter distance, which slams him against the back wall so
hard, his skull is crushed. His death was instant, but once again once
again, an investigation covered up all the wrongs despite reports by a
major newspaper. The public in america, turned a deaf ear .. as always.
This Kid was only 18 years old and 150 pounds in weight ... and he was not
a child, but a young man barely into life ... 3 days shy of his 19th
birthday. They said he was a problem inmate ... not so. Unfortunately
these abuses in Texas prisons and american prisons continue and somewhere
in America, another Mrs. Davidson is going to receive news of great harm
done to her child. When will the cycle of violence be broken? ... Only God
knows, but let us all hope that it is soon so there be no more Mrs.
Davidson's
Farley C. Matchett # 999060
next
Please read and sign this Petition!
What about the
treatment of prisoners in Texas prisons?
Petition - please read and
sign:
http://www.PetitionOnline.com/safety04/petition.html
To: Mr. Carl RAYNOLDS - TDCJ General Counsel & the TDCJ General
Direction
To whom it may concern,
Recently, global attention has been focused for weeks on the abuse of
Iraqi inmates in Baghdad's prisons.
What about the treatment of prisoners in US prisons? and especially
here in Texas ?
Most of us, who have a loved one inside know that similar treatment might
happen for any kind of reason. It might and it does occur, and it is
easy to further humiliate a human being who has already been condemned and
sentenced to death.
Is this the picture we wish to present to the world?
What is wrong for the Iraqi prisoners IS for similarly wrong for our
inmates!
How can we pretend to show the non-democratic world the right path to
Democracy and the respect all humans inherently deserve if we are not able
to start with our own prisoners, regardless of whatever they did in the
past which placed them in our penitentiaries ?
In Texas, there are about 150, 000 people incarcerated. Who cares about
them?
Thousands of complaints are filed by inmates each year and while some are
fabrications, most are not. Those recently received from inmates who
are incarcerated in general population and D.R highlight ongoing problems.
Strong measures have to be taken against all those who are ordering or
tolerating the abuses in America's prisons. America is a signatory to
the UN document "The Minimum Standard of Treatment and
Punishment." In
Exxence, this document recognized that all prisoners, even those under a
sentence of death, have inherent human rights which cannot be taken from
them.
On June 6th, 2004 many in the USA celebrated the civilized world's
freedom which was recovered after thousands of human lives were
sacrificed during World War II. The President, who was the ex-Governor
of Texas, spoke about compassion and forgiveness.
But there must be more than words to make this a reality. There is a time
for ACTION. Human rights begin at home, and the time has come to
recognize that ALL people, including those incarcerated and even
(especially) those under a death sentence, enjoy the most basic human
right of all: the right to life!
This is why we have decided to show the world what is taking place here
and have thus created this online petition to attract people's attention
on what COMPASSION is in within our prison's walls.
The petititoners,
Sincerely,
|
