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P.U.R.E. REPORT NEWSLETTER
http://pure-report.moonfruit.com
Issue 4. June 2011 http://pure-report.moonfruit.com $2.00
ISSUE 4 - JUNE 2011 $2.00
True Knowledge
can break through the
boundary
of our Ignorance,
and allow the mind to
achieve
Great success
2
P.U.R.E. REPORT NEWSLETTER
The P.U.R.E Report Staff KAMAU P. EMERSON - Editor
ERIC CATHEY - Distribution Assistant.
KAMAU P. EMERSON - State Correspondent.
HOWARD GUIDRY - Nation Correspondent.
WILLIE T TROTTIE - Legal Correspondent.
TONY MEDINA - Staff Writer.
MOYO NURU - Staff Writer.
SANDIE BLANTON - Co- Editor.
Guest Contributing Writers
for this Issue
Preston Hughes
Anthony Doyle
Anthony Francois
Charles “Chucky” Mamou
Milton Gobert
Luis Ramirez. R.I.P
http://pure-report.moonfruit.com
My genuine gratitude I give to each of you for your support and
contributions, Indeed, they are profoundly appreciated. Now if you
will allow me to continue the writing of this editorial with a quote
from Barack Obama’s commencement address at Knox college. The
then U.S Senator stated:
“One by one, abolitionists emerged to tell their fellow
Americans that this would NOT be our place in history.
That this was NOT the America that had captured the
imagination of so many around the world”
Now that particular passage was pertaining to those Brave men and
women who stood up and fought for the abolishment of slavery.
However I believe that Mr Obama’s statement is also (and Indeed
should be) The state of mind of every person that morally understand,
that having the death penalty In our society is wrong. Of course for
those who are undecided about their stance concerning the death
penalty, it’s natural for you to resist the thought, urge, or even desire
to stand up and fight for a person convicted of capital murder. For
they themselves quite possibly have committed what we may believe
to be the ultimate sinful act.
However, at the same time, let us be reminded of the words of Jesus
when he addresses the crowd that condemned the adulteress, where
in it’s written he said : “you without sin cast the first stone”
Essentially Jesus was saying that we all are no different than the
person that’s being condemned. Now I’m not saying we should
excuse murderous behavior or treat it lightly, but what I am saying, is
that we should not be so quick to condone the taking of a life. Now
perhaps taking a stance against the Death penalty creates
apprehension in your heart, or maybe you are still not convinced that
it’s a good idea to do so. Then bear this important fact in mind….
The gift of life is a precious and sacred blessing that is more valuable
than anything on earth. And it’s a gift that’s irreplaceable.
Furthermore, with the fact that our judicial system is flawed by
corruption, greed, racial bias, and a multitude of other errors, it’s
more than likely that the execution of Innocent people have already
occurred. And that alone should be reason enough to stand up
against the injustice the death penalty presents. Now I could go on
and list the statistics on various areas and give a variety of legal
reason why capital punishment needs to be abolished. But I will not
do that at this time. Because I want the focus to remain on the
humanity aspect of things. Especially since in America, the main
stream media have a tendency to make us view the men and woman
on death row as less than human. But the fact is, whether innocent or
guilty, those incarcerated on the row are human just like you. They
are men and women, with family, friends and loved ones. They are
also people who have dreams, spiritual beliefs, character flaws, fears,
the ability to love and possessing the capability to change. So when
the state sanction murder of these human beings occur, not only is the
gift of life destroyed but a profound devastation transpires in the lives
of those who loved those men and women. My friends, we live in a
great nation and the perpetual cycle of legalized assassination should
not be part of the legacy we leave behind as a testimony of history.
So if you are ready to be like the brave abolitionist of old, then take a
stance. Get involved in a community organization against the death
penalty. Also contact your State Representative and let your voice be
heard, that capital punishment should be abolished. Because the
world is watching people, and it’s time for a change.
Peace, solidarity and P.U.R.E love. Editor. Kamau P. Emmerson
Editor’s Introduction
INSPIRATIONAL QUOTE
We the people are no longer enslaved,
but the credit does not belong to the framers.
It belongs to those who refused
to acquiesce in outdated notions of “Liberty”
“Justice” and “Equality”, and who strived
to better them …..
By Thurgood Marshall
3
THE P.U.R.E. REPORT NEWSLETTER
Issue 4 – June 2011 $2.00
----------------------------------------------------------------------------------------------------------------------------------
In this second segment of Innocence revealed, our interview session is focused on Preston Hughes III, and at forty five, Preston
who is slightly over weight and wears glasses bears more of a resemblance to a college professor rather than a convicted felon.
Now within this interview this outspoken East coast Native shared with us some rather startling insight about the circumstances
concerning his case. So let us reveal to you exactly what transpired.
The P.U.R.E REPORT: Greetings of solidarity and peace Preston. I do hope your day has been well.
PRESTON HUGHES III: Greetings of solidarity and peace to you also my brother. Yes my day has been going well
considering the unfortunate circumstances. I hope all is well with you and your family.
The P.U.R.E REPORT: My family and loved ones are blessed, so thank you for your well wishes concerning them. Now
I’m sincerely glad you could join the P.U.R.E report for this interview on our special segment of Revealing claims of
Innocence. Its absolutely appreciated.
PRESTON HUGHES III I am very happy to be here today to give this interview.
The P.U.R.E REPORT: Now Preston, I like to begin these interviews by giving our readers some history on the
interviewee, that way the reader will gain a better understanding of that person. Now if you will, please give us some
insight on your life and who you are?
PRESTON HUGHES III. I’m a single African American man, 45 years of age from Buffalo, New York, I moved to Houston
Texas, after I finished high school in June of 1983. I was 17 at the time. I’m a very easy going, fun loving and hard working
person, unfortunately I’m caught up in a fight to save my life regain my freedom.
The P.U.R.E. REPORT: Would you be so kind to share with us the circumstances surrounding your arrest?
PRESTON HUGHES III: Yes I was arrested on Tuesday, September 27th
1988 at 4:30 A.M. I was wrongly accused of
allegedly committing the stabbing deaths of two people on September 26th 1988. The victims were a fifteen year old girl and her
three year old male cousin….
The P,U.R.E.REPORT: What made you a suspect in this crime?
PRESTON HUGHES III According to the Police the girl allegedly “called the name Preston before she died”. I was arrested
because my first name is “Preston” (also) because I knew the female victim and lived in the area where they were attacked. But
still none of this amounted to enough probable cause to arrest me without a warrant.
The P.U.R.E. REPORT: Can you recall precisely where were you during the time the crime was apparently committed?
PRESTON HUGHES III. The victims were last seen by the female friend of the female victim around 9:00pm on September
26th
1988. At that time I was on a bus that I boarded down town at 8:45.p.m to take me home.
The P.U.R.E.REPORT: So before that bus ride, what were you doing?
PRESTON HUGHES III. I had been drinking after work with a couple of co-workers and a former co-worker.
The P.U.R.E. REPORT: Did these people you were drinking with make any kind of verification to the police that you
were with them and had left at the time you claimed?
PRESTON HUGHES III Yes they testified at my trial that it was true.
The P.U.R.E. REPORT: So you boarded the bus at 8:45 p.m and the victims were murdered at 9:00pm. That’s a fifteen
minute time gap. So can you please tell us what were you doing during that time period?
PRESTON HUGHES III I fell asleep on the bus and my oversleeping made me miss my stop and I was taken to the end of the
bus route. Which is a couple of miles away from where I lived. After being awakened by the Bus driver. I exited the bus and
walked to a store to get change, so I could call a cab to take me home.
continued on pg 4
EXCLUSIVE INTERVIEW Revealing Claims of Innocence
Part 2
4
EXCLUSIVE INTERVIEW Revealing Claims of Innocence
Part 2
continued from page 3
The P.U.R.E. REPORT: And what time did you get home?
PRESTON HUGHES III I got home at 10:30 p.m.
The P.U.R.E.REPORT: Let us talk a bit about this bus driver. Did he testify at your trial that you were in fact riding his
bus.?
PRESTON HUGHES III He didn’t testify at my trial.
The P.U.R.E. REPORT: Preston. This bus driver was your proof to verify your whereabouts. Why did he not testify at
your trial?
PRESTON HUGHES III The bus driver testimony was given on my Voir Dire in April of 1989. And this was while we were in
the process of picking the jury.
The P.U.R.E REPORT: Such testimony should not have been presented during Voir Dire, what was the reason for doing
this?
PRESTON HUGHES III. Judging from the fact someone instructed the courts reporter to alter the testimony of the bus driver,
It was apparently done to make it appear as though he testified that the bus left earlier, so it appears that I got to the end of the
route earlier than the time he and I stated to, and that was done in order to make it appear as though I got home earlier than the
time I actually stated, and please note, the Prosecution’s statement of facts were also altered to make it appear, as though the bus
driver testified during my trial in May of 1989!
The P.U.R.E. REPORT: Preston it is appalling to know that these State Officials emplayed such devious tactics to secure a
conviction.
PRESTON HUGHES III Yes it is.
The P.U.R.E. REPORT: In Texas, it appears that the court system has a history of denying bail, or they impose an
excessive amount of bail on indigent people, and these are peo0ple that have been arrested on a capital murder offense, so
please tell us, did this occur with you?
PRESTON HUGHES III. I don’t know whether it was due to the nature of the crime I’ve been wrongly accused of or not. But
yes, I was denied bail.
The P.U.R.E REPORT: While being held in the Harris County Jail, did you endeavor to pursue your constitutional right
to a speedy trial?
PRESTON HUGHES III. Unfortunately I didn’t exercise my right to pursue a speedy trial. However I was taken to trial seven
months after I was arrested and the trial itself was speedy.
The P.U.R.E. REPORT: How long did your trial last? a week? two maybe?
PRESTON HUGHES III I was wrongly convicted on the third day of trial, and on the fourth day I was sentenced to death.
The P.U.R.E REPORT: During your captivity in the county jail, exactly what avenues did you try to use or whom did you
contact to explain that you had nothing to do with this crime.?
PRESTON HUGHES III I wrote to then Chief Lee P. Brown of the Houston Police Department, and I even contacted the trial
court Judge months before the pre-trial motion hearings.
The P.U.R.E. REPORT: What did you say in those letters?
PRESTON HUGHES III. In my letter I detailed what happened to me at the time or rather from the time the arresting officer
came to my apartment. He was accompanied by other H.P.D officers during the early morning hours of September 27th 1988. I
mention how the police had illegally searched my apartment while I was there. And how I watched officers go back to illegally
search my apartment again as I was being taken downtown……..
(This interview will continue in Issue 5 of the P.U.R.E.Report)
5
P.U.R.E REPORT NEWSLETTER
6
7
This interview will continue in Issue 5.
Preston Hughes III #000939
Polunsky Unit. D/row 3872 FM 350 South,
Livingston,
Texas 77351
USA
8
MY CONTEMPLATION
ON
CAPITAL PUNISHMENT
A
For years Lawmakers have justified the application of Capital
punishment as being a deterrent to crime. But in my opinion,
the truth of the matter is, these representatives believe that if a
person commits murder, then their lives should be forfeited in
return. So if the death penalty bears any evidence of being a
deterrent to crime, it’s only because once you are dead you
specifically can no longer commit a crime.
The problem with this eye for an eye “Justice” is that the
people handing down these death sentence, either fail to
realize or simply don’t care that the people they condemn are
human too … Just like themselves, these human beings are
capable of change if or when they are given the opportunity.
So where is that opportunity if you kill them? Furthermore,
even utilize capital punishment in a flawed system creates a
very dangerous possibility, that not only will constitutional
rights be violated, but there is also the horrible chance that an
innocent person will get executed. In fact, many may have
already been legally murdered.
Now I’ve been on death row since I was 19. I’m 26 years old
now. I was condemned on May 11th
, 2004. There, I was
labeled a menace and regarded as a future danger in society.
And this ultimate judgment was decided by a jury of 12
people… 12 people who were suppose to be my peers, but I
had never met them before… So I wondered, if these people
don’t know me, how can they honestly give a righteous
judgment of my character? As a person who has no prior
felonies or any violent offenses on my record, I often
wondered: How was I considered a future danger to society?
You can not see into the future, so how can you determine
whether a person will commit more crimes? Within this
flawed justice system our lives are placed in the hands of
people who make their decision to condemn our lives off a
probability. Which is the equivalent of guessing. Something
probable is not definite but believe me it’s a definitely a prove
fact that people can change. However the chance to change is
not given when the death penalty is applied. Now I know that
there are consequences for breaking the law. But how can you
punish murder with murder? No matter how anyone may try
to classify it, the fact of the matter is murder is wrong!
I often think about the Stephen King book I read called “the
Green Mile” In there the character John Coffee was a
mentally challenge and innocent man who was condemned to
death, and although that story was fictional, it however is a
genuine reflection of the same thing that is happening in
Texas today. Now granted, there may be individuals who are
falsely claiming their innocence. But there too are some truly
innocent people in prison as well as on death row, and these
innocent people are being help captive in prison facilities
throughout America. But not only are they being robbed of
their liberty, here in Texas, cases with actual claims of
innocence are often denied.
So it is time to step up our efforts and make a change.
Because after an innocent person is strapped to a gurney,
being pumped full of lethal chemicals, it is too late to say to a
person’s family: “we’re sorry. We didn’t realize he was
innocent.
Now in closing, I direct my focus briefly on those
citizens who are supporters of capital punishment…
Quite often those who believe in the death penalty do so
without knowing certain facts concerning things. So I
pose a question to those citizens who supports or simply
believe in capital punishment. Do you know how much
of your tax dollars are being used to carry out the trial,
housing and execution of a death row prisoner? The
Dallas morning news showed that the average cost of a
Texas death penalty case is $2.3 million versus $750,000
for a life term in prison. Furthermore, studies have shown
that the ultimate cost of prosecution of a death penalty
case, coupled with defending the subsequent appeals, is
much higher than a non-death penalty case.
So from an economical aspect, it’s illogical to support a
barbaric practice that’s putting an unnecessary financial
strain on an already shaky economy. And on a more
social stand point, what if a family member or loved one
was falsely convicted and sentenced to death?
Not likely to happen?
Well, 138 exonerations off death row prisoners have
occurred nationwide (and 12 of them are from Texas),
and the same flawed judicial system that convicted and
sentence these people to death, still exist. So this Judicial
web of injustice is capable of entangling anyone. Now
I’m not against the death penalty because I’m on death
row. I’m against the death penalty because taking the life
of any human being is wrong.
Hopefully one day capital punishment will be abolished.
And we as a society will never reinstate it. And may that
day come soon. Because not only will it save my life, it
may very well save the life of someone you know and
love.
Guest Contributor
Anthony Doyle
ANTHONY DOYLE 999478
Polunsky Unit. D/row
3872 FM 350 South,
Livingston,
Texas 77351
USA
9
Women Around the World
Initially I wrote this expression of my heart as a means of “illustrating my regret in order to rectifymy abusive ways
against all Black women, and it was also an attempt to reconcile with my people.
But this aching in my heart wouldn’t allow me to deny the fact that women of all races have been abused by men like me.
So I deeply apologise to all of you women who have suffered abuse, and I hope that my writing this will be able to bring the
closure that you seek and the comfort that you deserve.
Now I know what I express many may not accept. Even I have wondered how can I give comfort to anyone, when I for
one have not attained comfort.
But I’m a wretched soul, one that may not even deserve to be comfort. My tears of pain, may not mean anything to you
because of the pain I’ve caused. Nevertheless with my knowing that I’ve caused so much pain, it has me sitting here in prison on
Death row, drowing in a ocean of pain, profoundly regretting what I’ve done. I have no desire to gain anything, I merely wish to
give as much as I can in reparation for what I’ve done. And yes perhaps for some it is hard to believe that my foul actions have
tormented me, but they have and I continue to suffer from the storm of my past deeds, who’s lightning flast within my ind to
illuinate the grotesque scene I committedon the morning of September 11th 2003.
In the beginning of my storm, I was angry and my mind was clouded in confusion. I didn’t want to accept the
responsibility for the awful deed I committed. It took time, understanding came slow, and now that the rain has passed, the rays of
sunshine cleared my mind and the damage I done was clearly seen. And because of what I’ve done, I’m seen as a monster in the
eyes of society. But despite this monstrous act. I’m human! I am made of flesh and blood,just like any other human being. I’m a
person who values the loyalty of an individual’s word more than that of love. Because love can be a flickering emotion. Yes I am
a man, but I’m a man that is guilty of a terrible sin, a forbidden act against God and his creation. What I done was indeed a
terrible violation, a horrible crime against all of humanity.
And I’m profoundly sorry that I’ve committed such an atrocity. It is my nature to speak openly what I feel, so all that I
say comes from deep within,so I have no agenda or hidden motice in my reason for writing this. But the world must know that
I’m sincerely apologizing for all the harm that I’ve caused. And God knows that I wish with all of my heart that I could turn back
the hands of time, because I desire genuinely to undo the bad things that were done. But I can not. So I utilize these words to
apologize to each of you, to every female that has been hurt by a man like me, I say to you “I’m sorry” and to those three precious
young Princess who’s life I cut short. To you I too apologize, I want so much to be able to bring the three of you back. I was
wrong for preventing you all from reaching your full potential to become the beautiful Black Queens you were suppose to be.
3 Children, 3 sisters, 3 daughters, 3 relatives, 3 girls, 3 mothers, 3 women, 3 generations I sadly ended duringa rapture of
anger.
I am a wretched soul. One that has ran from himself with an endeavor to escape from himself, and during my running I
found it more comfortable to live a lie. And at times I believed my debt could be paid should I surrender myself to die
So while suicide hovered before me. I ran, but my running only led to one finding himself weary, trapped and lonely still
my running continued… that is until I found myself falling at the heels of my feet. I fell to my knees and looked up to face the
back of me… I searched myself inside and out. I was trying to salvage anything worthy that was left of me. There was none I
could find. Now there was a piece of my mind that reminded me of the good I did do within my life, but that quickly outweighed
and enshrouded by the bad. So I found myself completely saturated with guilt and when I gave further search of myself, I found a
broken heart, I discovered human being with a conscience. Yes I found charity, and I also found the deepest apology that the heart
could give. So it is with genuine and my most profound sincerity that I again apologize to the women around the world for all the
pain and suffering you have endured by men like me.
But most of all I apologize for the deaths I caused to those three precious little girls.
I’m sorry
Guest contributor
Anthony Francois
Anthony Francois 999482 Polunsky Unit. D/row
3872 FM 350 South,
Livingston,
Texas 77351
U.S.A
10
ONE DAY CHICKEN….
THE NEXT DAY CHICKEN FEATHERS!
Back in the day, my Dad would pour himself a glass of
his favorite Brandy (Christian Brothers) and would
always respond to people’s inquiries about his well being
by saying:
“One day chicken, the next day you get chicken feathers”
His risible motto was always attractive to my mind. It
wasn’t until I began to get older that I completely
understood what he meant. Like that famous Almond
candy bar commercial back in the 80’s that had that
famous hook:
“Some days I feel like a nut, some days I don’t”
I feel like this a lot of my time here on Texas Death row.
If you are feasting on cooked chickens then your life is
well, however if all you have to eat is chicken feathers
then Life is unpleasant. In any event its still chicken.
Life is still life, no matter who shed tears of pain or those
who reverberates joys of laughter. We should except the
good with the bad, because it’s the balance of the order
that makes life complete. For every Angus Og, there is a
Medusa. It sounds good, Huh?
Easier said than done, of course sounds alone never
paints a picture on it’s own. To think so would be fatuity.
For example: Take the sounds of Texas Death Row. At
the moment it’s quiet-as if everyone here is content and
at peace. For anyone who has direct dealings with Texas
Death row would know that peace is highly flumadiddle,
misleading to the core. But what about the balance of the
order? Sounds good….
Since 2008 the dealings on Texas Death row’s “order”
has been out of order. The administration that overseas
Texas Death row has become callous, ruling with an iron
fist, while ignoring all safeguards and policies that is
suppose to keep a balance here for Inmates and Officers.
The property of Inmates and Items of value are often
stolen by [Particular] employees of T.D.C.J. bogus
disciplinary cases are being [enforced] to purposely
messing with Inmates to take their level one status away
from them. And this results in the denial of Inmates
visits, their commissary privileges and other penal rights.
Some Inmates deal with mental and at times brutal
physical abuse. E.g. visualize a handcuffed inmate who is
restrained, while being punched and jumped on by a team
of six or seven padded officers. How do you justify that?
How can you ask anyone to have a sense of peace when
he is surrounded by violence and it’s not the allege
criminals administering it? Sure we can pray, advocate,
march or even sing spiritual songs, but what does any of
it mean if our hearts isn’t really in it?
I love chicken. I just hate chicken served with feathers
attached to it. The ebb and flow of our environment here
in Texas is just like that:
“One day Chicken..the next day chicken feathers”
And I’m not even talking about foods nor eating. I’m
taking about one’s sanity and how can one maintain
sane. See I’m Innocent. In fact, after reading several
other cases, I believe many others on Death Row are
innocent or unjustifiably sentenced and should have
never been on death row. Innocent men and women
lacks patience and nothing can ever change that nor
replace the years we lost. We remain a malcontent
people. We may smile, laugh and appear to be in
good spirits at visits (Day of Chicken) but once we
return to the gloomy and filthy germ infested
environment, dread returns (The taste of feathers)..
[of course] I want to be happy, I really do, but I can
not be happy when I’m not sure what happiness
entails anymore, it is just mendacious rhetoric, or
passive formalities? I’ve tried rational emotive
therapy and it don’t seem to work for me, I’ve
meditated, reading and fasting-none suits me. So
what do it mean to be happy?
Death row’s warden is a short man. He suffers from
Napoleon complex and has some caked up insecurity
issues. He always has a need to prove himself to his
inner self. So when asked about happiness he had
these choice words to say:
“If I was Texas Governor I would be happy. And
If I was Governor I would execute every death
row Inmate on the same day, That’s Texas
Justice. That would make me truly happy”
What about the incarcerated Innocent? or the
mentally retarded? or even the appeal’s due process?
and what about Legal Morality? When I was asked
what I thought of the gauchely wardens comments,
all I could say was:
“One day chicken… The next day chicken Feathers”
Guest Contributor:
Charles “Chucky” Mamou.
Charles Mamou 999333
Polunsky Unit. D/row
3872 FM 350 South,
Livingston,
Texas 77351
U.S.A
11
The Price of Death
I knew a man once, when I had first arrived to the place known as “Death Row” in Huntsville, Texas on that
clear day in September 1996. Some after I was settled I got to know this man, who spent all his time reading 16th
Century texts from the old Aztec days. One day he told me that he was on death row for being a it man. He
explained that he met a man in a bar that offered him $500 to kill this man.. In the process it had spent close to
$2-million dollars!
The death penalty in the U.S is an outrageously expensive and wasteful program that has no clear benefits. The
Nations’ police chiefs rank the death penalty LAST in their priorities for effective crime prevention. They are
saying clearly, the death penalty DOES NOT prevent crime. Fact is, for that same almost $2 million Texas spent
killing ONE MAN, they could have hired 2 qualified police officers at $40,000 a year and employed both of
them for 20 years .
In light of the economic crisis plaguing the U.S. many states who employ the death penalty have commissioned
studies to examine the death and it’s effectiveness versus it’s cost to communities. Police Chief JAMES ABBOT
of West Orange, New Jersey served on a commission that reviewed that states death penalty and which in the end
recommended that the New Jersey abolish it’s death penalty. Chief ABBOT was quoted saying “I NO LONGER
BELIEVE THAT YOU CAN FIX THE DEATH PENALTY. I LEARNED THAT THE DEATH PENALTY
THROWS MILLIONS OF DOLLARS DOWN THE DRAIN – MONEY THAT I COULD BE PUTTING
DIRECTLY TO WORK FIGHTING CRIME EVERYDAY...”
We are at a point in history where every state in the United States is being forced to cut hundreds of millions of
dollars from their budgets. Where are these cash-strapped states taking that money from?, from the salaries of
Teachers who educate out our youth, from afternoon school programs that help keep children off the streets,
from substance abuse programs that aim to help addicts, from prison education courses, and from Law
Enforcement operating budgets. How can this benefit anyone? California alone is spending $137 million per year
on the death penalty, yet has not had an execution in 4 years. Florida is spending almost $51 million a year on its
death penalty. One study shows that in Maryland, over a 20 year period where 5 executions have been carried
out, they have spent $186 million on the death penalty.. The numbers and facts are staggering. How many
abused mothers and children could be helped with that money? How many police officers could be hired to fight
crime with that money? How many prisoners up for parole could be taught valuable job skills that would help
steer them away from future crime with programs financed by that money?
The Truth is, states continue to waste HUNDREDS OF MILLIONS OF DOLLARS on their dysfunctional death
penalty systems, if the death penalty was replaced with Life with-out parole, California would save over $125
million a year, money desperately needed there.
So, what is the price of death? As so many studies have shown, the price of killing just one person with the death
penalty can be anywhere between 2 & 3 million dollars. Which states like Texas which has over 300 inmates on
death row or California who has over 600, the price of maintaining their death penalty systems has been the
future of our children’s education and the safety of our communities.
Written by Tony Medina
(staff writer)
TONY MEDINA 999204
Polunsky Unit. D/row
3872 FM 350 South,
Livingston
Texas 77351
U.S.A
12
Legal Section
Artwork By Tony Medina 999204
In the Legal section in this issue, comprises of:
No Equal Justice for all - By Milton Gobert. (Conclusion from Issue 3)
The Illusion of Equitable Justice – By Eric Cathey
13
No Equal Justice for all (conclusion from Issue 3)
Now the decision congress made to pay more (of Tax
payers money) for inadequate capital defense attorneys
only make economic sense because identifying and
vindicating constitutional error is in itself extremely
costly.
But better lawyers will raise more issues, Investigate
and litigate more aggression. Which may require
resentencing, retrials, or in very rare cases, it may mean
that a guilty man would go free, yet they would Identify
what is more costly. However congress was willing to
pay more for inadequate attorneys in order to avoid
those costs economically and socially. Broadly
speaking, the Supreme Court’s “right to counsel”
jurisprudence has had much of the same effect as
congress decision to defund the resource centers. If the
court required better lawyers for the indigent citizen, it
would cost society not only in terms of the resources
necessary to pay those lawyers, but also in terms of the
costs of fully enforcing a criminal defendants
constitutional rights.
You see, better lawyers would mean more hard fought
trials, more evidence thrown out due to constitutional
violations, fewer convictions, more acquittals, and more
hung juries. As ex president of Harvard University,
Dereck Bok candidly acknowledged:
“If congress provided enough funds for legal aid or if
congress agreed to offer the same support to legal defendants
as it gives the prosecution. It could easily touch off of a burst
of litigation that would cost huge sums of money and add
heavily to the delays of the legal system”
An adversary system in which both sides are evenly
matched costs more than a system in which the
prosecution’s resources overwhelms the defense. And
despite our surface commitment to equality before the
Law, apparently neither society nor the Court is willing
to require anything like an even playing field. The
present system of assigning indigent defendants poorly
funded, over burden and very often under qualified
defense attorneys saves money in two ways. First: It
reduces the direct cost of providing a decent defense,
Second: But definitely more significant it systematically
endeavors to inadequately enforce the constitutional
rights of the indigent accused.
If one were looking for a mechanism to reduce the
cost of constitutional rights without weakening
rights that that protect the privileged. Then one could
do no better than ensuring, that the poor,
systematically receive less competent legal
representation, than the rich. By denying the poor
adequate lawyers (and then holding their lawyers
mistakes against them) will guarantee that we will
never have to pay full cost for their constitutional
rights (which we are suppose to protect).
But we achieve those savings by diluting the
protection of constitutional rights when we only give
competent counsel to those who can afford it. The
appointed counsel system creates an across the board
double standard. As the O.J Simpson trial, illustrated
the inequality created by the ability to hire
competent counsel is predicated, on class, Not Race..
but because most minority defendants are poor and
because Blacks and Latinos disproportionately find
themselves as criminal defendants, this class based
disparity also falls heavy on the minority
communities.
The right to counsel is in theory the Linchpin of
equality in the criminal justice system. However in
reality, differences in the quality of legal assistance
available to the rich and poor, probably play the
most significant systemic role in maintaining a
double standard in criminal justice.
Guest contributor
Milton Gobert
Milton Gobert 999554
Polunsky Unit. D/row
3872 FM 350 South,
Livingston,
Texas 77351
U.S.A
14
THE ILLUSION OF EQUITABLE
JUSTICE
The term “Justice is Blind” has always been something many of us
desire to be true. For none of us want to believe that a country as advanced as ours, really possesses flaws in it’s criminal court system.
Furthermore many of us have embraced the fact that it’s our constitutional right to have a fair and impartial trial. Hell, our
forefathers died in wars and worked as slaves through blood, sweat
and tears to build this country, so we damn well better have one, right?
However I must ask of you to ponder on this:
What if the scheme of having a fair trial doesn’t truly exist? Because if we were to look up the word “fair” in a dictionary, it’s
meaning will elucidate it as being: Honest
Just
Unbiased Equitable
Objective……And several other names to associate it with
righteousness. But our court system with it’s due process of law merely illustrates an illusion of equitable justice. For indeed, it is a
rather difficult endeavor to ensure that any one will obtain a fair trial. Supposedly, this is why the “safe guard” of having appeals were
established. Yet if our society has evolved to the point where we
have achieved this fairness in our court system, then why, may I ask,do our appeal process exist? I mean, doesn’t this illustrate a
blatant mistrust in our own capabilities as jurors, lawyers, judges and
prosecutors, to be honorable in our sworn duties?
Maybe it does.. And perhaps it should! Because many of times, (if we believe it or not) preconceive notions (of certain things) exist
within our state of mind. For example: How many times, while at the
mall, have you seen a small congregation of black youth (wearing hip hop attire) and wondered if they would start any trouble? and what
about the tall white guy with the long hair, dark shades, and leather jacket? or the Mexican fellow with all the tattoos covering his arms?
These guys have to be in some sort of gang, right? Or how about the
lady who wears the tight pants and blouse that clearly enunciates her figure? Is she really an easy catch looking for attention? Maybe or
maybe not… But it’s so easy for us to be misled, by our reconcilable
notions, because many of us hold them to be true. Our society, in some form of fashion (whether through movies, newspapers, music,
magazines, or propaganda being promoted by our peers) have influence and condition our minds to accept these half-truths. And
when a juror takes his/her position in court, they may have no
intention of being biased. But subconsciously, these suggestions have already been activated, especially if we believe those stereotypical
labels that have been placed on certain people in our society. And this
in turn will create a portion of unfairness in a criminal trial, because it leads a jury to focus more on the defendant, which may influence
them to make an attempt to analyze that persons emotional state.
But what does that have to do with the evidence being presented at
the trial? Especially when a defense attorney has instructed his client to relax and remain calm and try not to show many emotions.I
believe that a jury’s concentration must remain on the evidence
being presented in order to truly judge the totally of it all.
One should never be distracted from his/her set judgment of
that course. Because a juror, for that period of time, has been granted the authority to aid in altering the course of a person’s
destiny by a single verdict. And if we have a prosecutor who manipulates the emotions of a jury, by displaying unnecessary
grotesque photographs of the deceased or performing a re-
enactment of what allegedly occurred at a crime scene, a “tactic” of this nature will undoubtedly inflame the minds of
the jury. And is quite capable of being a subliminal form of
prompting which will guide a jury into reacting emotionally rather than logically as they prepare for deliberation.
Impossible That’s absurd
You’re crazy .. is what some may consider one’s point of view
within this article..But the fact remains that “tactics” like those I mention are being used. So now the question is..Are these
“tactics” necessary? however before answering that, allow me
to ask you this….If the prosecution has unlimited access to states funds to investigate and prosecute their case…then why
use such a play on a jury? Perhaps it’s because district attorneys themselves are not immune to preconceive notions.
There are many defendants whose reputation or past deeds were very criminally orientated, and if the D.A’s actions shows
that they believe a person’s law-breaking behavior, on some
unrelated offense, suggest that this defendant is probably guilty of the current crime as well, then their duty to pursue justice
has been compromise. For no longer are they seeking to find the actual perpetrator but now are more concerned on gathering
any evidence that they can use to persuade the jury of hat
person’s guilt. So where is the fairness in that? Now even if we persist in saying that our appeal process is required to
ensure that the guidelines of the law are being followed..Still it has to be asked, what good is that process when certain
segments of our judicial courts display a strong predisposition
in ruling in the state’s favor because of their bias on a particular issue? Mainly death penalty cases. Therefore it’s
necessary for us to determine whether this claim of fairness is
merely an illusion established to convince us that it exist? Or is it an actual reality? perhaps it can be. For all things are
possible. But we will have to make a conscious effort to free our mind of all preconceive notions.
by Eric Cathey
Eric Cathey 999228 Polunsky Unit
3872 FM 350 South
Livingston
Texas 77351
U.S.A
15
Poetry Section
PUSH
I strain for one more push Striving for perfection
The pain will never cease Marking my progression.
Fatigue setting in Never will I falter
heart pumping faster body getting stronger
Sweat across my brow running down my face
refusing to give in picking up the pace
Physical Intensity
mental stimulation absorbing the pain
use it as motivation.
Pushing to the limit searching for the end pushing even farther
never giving in
By
Anthony Doyle
999478
ANTHONY DOYLE 999478
Polunsky Unit. D/row
3872 FM 350 South,
Livingston,
Texas 77351
USA
A HAIL TO THE GHETTO CHILDREN
Bombarded by the cultivation to ensnare a phantom destiny
of a parents dream lost to the adversity of change.
Now Precious Angels of a cradle’s caress are forgotten, as the wrath of heaven
cast out it’s rebellious demons…
Alone upon a road with no legacy to call their own.
The Ghetto children are driven toward the enticement of white Queens
Pink castles and all the American Dreams
Draped up and dripped out The acquirement of Ghetto fabulous clout
is that truly what it’s all about? NO!
It’s a mere reflection of a dream that was never meant
for the Mothers and Fathers of creation now the mass enslavement
and Genocide by means of incarceration is a predestine abortion of unborn babies
which means the death of a nation..
So Rise up all of you Kings and Queens of the earth Now turn 360⁰ degrees to fulfill
the sum of your true worth Endeavor to understand the past
to comprehend the future. For you are the future
so dear children lead with pride!
By Eric Cathey
Eric Cathey 999228
Polunsky Unit D/row
3872 FM 350 South
Livingston
Texas 77351
U.S.A
16
“Time takes away the edge of grief
But Memory turns back every leaf
Gone from our lives one so dear
But in our hearts forever near.”
17
What’s in the Brown Paper Bag Written by Luis Ramirez
Luis Ramirez was murdered by Lethal Injection in the State of Texas on October 20th, 2005.
===============================================================
I’m about to share with you a story who’s telling is long
over due. It’s a familiar story to those on death row who
may read this. But it’s now one that all of you in the
“FREE WORLD” may benefit from. This is the story of
my first day on the row..
Now I came here in May of 1999. But the exact date is
something I can’t recall.. However I do remember
arriving in the afternoon. I was placed in a cell on H-20
wing over at the Ellis unit in Huntsville Texas. A tsunami
of emotions and thoughts were going through my mind at
the time. I remember the only things in the cell were a
mattress, pillow, a couple of sheets, a pillow case, a roll of
toilet paper, and a blanket. And I also remember how
utterly lost I felt sitting there. The first person I met there
was Napolean Beasley. Back then Death row prisoners
still worked. His job aat the time was to clean up the wing
and help serve during meal time. He was walking around
sweeping the pid in these ridiculous looking rubber boots.
He came up to the bars of my cell and asked me if I was
new….. I told him that I had just arrived on death row.
He asked what my name was. So I told him. Not seeing
any harm in it. Beasley then stepped back where he could
see all three tiers. He then hollered at everyone:
“Theres a new man here, he just drove up, his name is
Luis Ramirez”
When he did that I didn’t know what to make of it at first.
I thought I had made some kind of mistake. You see, like
most of you, I was of the impression that everyone on
death row was evil. I thought I would find hundreds of
“HANNIBAL LECTERS” in here. And now, they all
knew my name. I thought: “Oh well, that’s strike one”. I
was sure that they would soon begin harassing me. This is
what happens in the movies after all…
Well that’s not what happened.
After supper was served. Napolean was once again
sweeping the floors, as he passed my cell, he swept a
brown paper bag into it. So I asked him: “whats this?” He
replied that it was for me, then told me to look inside then
continued on his way
Man! I didn’t know what to expect!
I was certain it was something bad! but curiosity did
get the best of me though. So I carefully opened the
bag. And what I found was the last thing I ever
expected to find on death row.
It was everything I needed. The bag contained some
stamps, envelopes, note pads, pen, soap, shampoo,
toothpaste, tooth brush, a pastry, a soda, and a couple
of ramen noodles. I remember asking Napolean:
“where this come from?” He told me that everyone
had pitched in, and that they knew I didn’t have
anything. And that it may be a while before I could
get anything. I asked him to find out who had
contributed. Because I wanted to pay them back.
Napolean said: “its not like that. Just remember the
next time you see someone come here like you … you
pitch in something!”
I sat there on my bunk with my brown paper bag of
goodies, and thought about what had just happened to
me. The last thing I expected to find on death row was
kindness and generosity. I thought of how many
times I had seen “good people” of the world, pass by
some man, woman, or child holding a sign that read:
“Hungry” or “will work for food” I am guilty of
doing the same. I just passed them by. By the end of
the block, or upon reaching my destination. That poor
hungry, tattered, and perhaps dirty soul had been
forgotten… lost among my daily challenges and
struggles with life.
Yet here on Death Row among the worst of the worst.
I didn’t have to hold up a sign, they knew what I
needed, and they took it upon themselves to meet
those needs. They did this for a stranger, not a now
friend. I don’t know what they felt when they
committed this act of incredible kindness. I only
know that like them, twelve “good people” had
deemed me beyond redemption.
The only remedy these “Good people” could offer us
is death. Somehow what these “good people” saw and
what I was seeing didn’t add up.
(continued on page 18)
18
Continued from Page 17 - What’s in the Brown Paper Bag
How could these men, who just showed me so much
humanity, be considered the “worst of the worst”?
It chills me to my core when I think about it. Those twelve
“good people” were given this enormous God like
responsibility. They had to decide who lives and who dies.
The State of Texas gave them this responsibility.. However
they didn’t give them any God like training..I’m sure that
they all meant well, they probably thought as the D.A and
Judge told them, that they were doing their Civic duty. I
personally have never considered murder a civic duty.
That aside, how many times have we gotten this wrong? I’m
on the inside looking out now. I have that advantage over
you. So I can tell you this. I have yet to meet a man here who
I feel is beyond redemption. It you took a good look and I
invite you to do that, You may just realize how often you
have been wrong. Ever since Napolean was executed ( for a
crime he committed as a teen) I’ve wanted to share this story
with his family. But I’ve never been able to locate anyone
with their contact information. If anyone out there can share
this with them, I would appreciate it very much. I would like
for them to know that their son was a good man. One who I
will never forget. I want for them to know how sorry I am
that we as a society failed then and Napolean.
I still find it ridiculous that we as a people feel that we
cannot teach or love our young properly. I’m appalled at the
idea that a teen is beyond redemption, and that the only
solution that we can offer is death.
Its Tragic that this is being pointed out to the “Good people”
by one of the “worst of the worst” God help us all…
What’s in the Brown Paper Bag?
I found caring, kindness, love, humanity, and compassion of
a scale that I’ve never seen the “good people” in the
Freeworld show towards one another.
WRITTEN BY LUIS RAMIREZ. R.I.P
REST IN PEACE LUIS RAMIREZ
Executed October 2005.
19
PENDING EXECUTIONS
==========================================================
JUNE
1 Gayland Bradford Texas
14 Shawn Hawkins Ohio
14 Carey Dean Moore Nebraska
15 John Balentine Texas
16 Lee Andrew Taylor Texas
16 Eddie Powell Alabama
21 Milton Mathis Texas
22 Frank Williams Jr. Arkansas
JULY
7 Humberto Leal Texas
12 Marcel Williams Arkansas
19 Kenneth Smith Ohio
20 Mark Stroman Texas
AUGUST
16 Brett Hartman Ohio
30 Ivan Cantu Texas
2012
JANUARY
18 Charles Lorraine Ohio
FEBRUARY
22 Michael Webb Ohio
SEPTEMBER
13 Joel Schmeiderer Tennessee
20 Billy Slagle Ohio
27 David Jordan Tennessee
OCTOBER
4 John Henretta Tennessee
11 H-R Hester Tennessee
18 Joseph Murphy Ohio
NOVEMBER
15 Reginald Brooks Ohio
20
ERIC CATHEY
Eric Cathey 999228
Polunsky Unit. D/row
3872 FM 350 South
Livingston
Texas 77351
U.S.A
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