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A lot of people got upset when Bush made his first reference to backwater tyrannies such as North Korea or pre-2003 Iraq as “evil.”  Reagan of course said the same thing about the old U.S.S.R.  Many were uncomfortable with the word.  I guess they felt that use of the term smacked of a certain religious fundamentalism and that “evil” is a relative thing; something to be judged by the demands of the moment and motivations of the actor.  But there are indeed certain things that transcend different cultures and standards of justice.  Just like there are certain values worth fighting for, something that Democrats need to remember as they head into the campaign. 

Real evil can take many, many forms.  It may be embodied in a political ideology (Nazism, Stalinism), religious fundamentalism (take for example the current theocracy in place in Iran) or in an individual.  We’ve had our share of evil doers in the criminal sphere.  Those people are familiar to all - Manson, John Wayne Gacy, Richard Speck, Ted Bundy.  And then there are those malefactors not so well known but pure evil nonetheless.  Take for example Joseph E. Duncan III.  (more…)

Last night, I had the occasion to watch “Borat” one more time.  It’s as outlandish the third time around on the small screen as the first viewing was on the big screen.  And one thing is clear: the look on Bob Barr’s face when he is informed by the “Khazakstan journalist” Borat, after stuffing his mouth partially full, that the traditional bite of cheese from the old homeland is made from - er - the “tit of his wife,” is worth every penny of the price of admission or the cost of the DVD rental.  What inspired the man to accept the invitation to the sit down with Sasha Cohen?  Does he not read, watch TV, have flunkies who can alert him to these kind of disasters?  And what is old Bob up to these days?  Didn’t I hear that he’s hanging with the Libertarians and actually running in some race down in The Peach State?  Recall that the man was one of the primary sponsors of the failed Clinton impeachment and eventually paid for his sins by being promptly defeated in his re-election bid immediately afterward.  Anyway, his other hard work was reflected in the passage of that abortion of legislation which reaffirmed heterosexual marriage.  What was it called?  The “Defense of Marriage Act” or some similar nonsense?  And what was the gag?  Bob Barr’s five failed marriages, that’s what.  And the proper inquiry: just which marriage of these five are you trying to defend Bob?  I’d love to see his face while trying to respond to that one.  

I don’t think I’ve touched upon the subject of this whole idea of home schooling but from what I know, the State of Texas conducts about zero oversight over the concept.  I mean, how did this thing get such traction without hardly any implementation of accreditation, standards or accountability?  Honestly, do you really think that, as a hardworking parent - already burdened with the everyday responsibilities of parenthood as well as providing for your dependents - you are qualified to teach competently the basics of math, English, literature, science, geography and the like?  Now I’m not familiar with exactly what is required to establish home schooling but from what I’ve read, observed and learned, it’s not much.  I get this eerie feeling that for many folks, the decision to home school their children arises from some deep-down distrust that public schools, or private schools for that matter, are teaching concepts and ideas that somehow undermine fundamental Christian beliefs. (more…)

Dr. David Jenson told the jury that he had a tough day at the clinic and took about twenty minutes away from the office to unwind.  He got in his car and drove over to Memorial Park in Houston.  He just “wanted to talk to someone.”  Dr. Jenson remembered that a man made eye contact with him when he drove up.  They both got out of their cars and talked for a while.  When the other man suggested they go into the woods to continue the conversation, he agreed. 

They talked about the “usual stuff” - marriage and family.  Then Dr. Jenson said that the other man did something a little unusual: he lifted his own shirt to show off his abs and ordered him to do the same.  Dr. Jenson said he felt a little uncomfortable because there were some people around so they moved behind a restroom where he did as ordered and lifted his shirt.  He was arrested on the spot by vice cop Daniel Leal of the Houston P.D.  Leal has a different story to tell. (more…)

I recall several years ago when I parked my car outside of a Toot ‘N Totem (a local chain of convenience stores here in Amarillo) late one night.  Just as I exited the car, I looked up and saw a creature - something - running straight for me.  It was dark, I didn’t know what it was and the sight of this low-slung, husky creature (I knew it wasn’t a dog or cat) scared the hell out of me, frankly.  Then, whatever it was crossed the narrow shaft of light thrown off by the entrance to the store and what did I behold?  A badger!  An honest-to-God badger.  There was no mistaking it with those distinctive stripes running from the side and back of its head down its sides.  From everything I have read about this guy, the badger is, pound-for-pound, probably the fiercest, most fearless fighting creature that walks on four legs in North America.  I remember just freezing as it approached, then suddenly veering off to the side.  It scampered into the dark and I never saw it again.  What the devil was it doing on the loose?  Who in Texas’s green earth would have this animal for a pet?  I hadn’t thought about this strange sighting until this past Friday.

Working a tad too late for a Friday, I was driving down Tyler and Sixth when I saw what I thought was a pretty large, sleek cat walk out right in front of me. I mean, for just a split-second, that’s what I thought it was until I focused on its large, bushy tail.  Not a cat but a coyote!  A coyote walking across Tyler Street just as calmly as you please.  He was a pretty good size specimen and when he spotted me in my car, now parked on the  west side of the street, he just stopped and stared at me.  He wasn’t spooked at all.  I decided to get out of the car to get a better look but by the time I had opened the door, he was gone, vanished. 

I’ve read that coyotes have even been seen in Chicago and NYC (whether that’s true about the Big Apple, I have my doubts) but still, it was a real surprise to see him right out there in the open.  I’m sure there have been lots of sightings on the edges of the city limits but maybe they’re getting bolder (and hungrier).  If I were the owner of small dogs or cats, I’d be keeping my eyes open and careful about leaving them exposed. 

This weekend witnesses the demise of three commercial concerns.  Two are victims of land speculation, the third fell prey to the vagaries of the Internet and the digital revolution.  I’ll explain that in a minute but first, look at what has happened to two racing institutions.  (more…)

Remember Judge Charlie Baird of the Court of Criminal Appeals who got tossed when the ‘Pubs took over the works back in 1994, wasn’t it?  The years all seem to run together as I get older.  And who did we get?  How  about Steve Mansfield, who, upon taking the oath of office, simultaneously agreed to a public reprimand issued by the Commission For Lawyer Discipline for misrepresenting his qualifications and experience.  Those were the days.  Well, Mansfield was eventually eased out, probably persuaded by his fellow jurists not to run for reelection (his ticket scalping plea didn’t help his case) and Judge Baird?  Well, he’s busy riding herd down in Travis County as a district judge.  And he’s doing something a little out of the ordinary. (more…)

As I write this, they’re strapping down Leon David Dorsey to a gurney, in anticipation of his scheduled execution at 6:00 p.m. this evening.  As lurid and distasteful as it sounds and most likely just as horrible to witness, let’s not forget why he’s there, looking up at the ceiling with an IV in his arm, primed to deliver the lethal cocktail.  (more…)

I suppose I ought to weigh in on this Garrett business which has suddenly sprouted legs over the past few months.  Within the past year, local lawyer Jesse Quackenbush has been pretty vocal about Johnny Frank Garrett’s actual innocence.  To his credit, he’s put his own money where his mouth is, having produced a documentary on the subject.  I understand it’s gotten some play in various towns and will soon play here.  And I notice quite a few local folks are quoted, extolling the production of the narrative behind the tragedy involving a young man, not to mention the poor nun whose life was snuffed out.  There’s the usual litany about crooked cops, overreaching prosecutors and incompetent court-appointed lawyers and how all this created some kind of perfect storm which sent an innocent defendant to the gallows.  But what I have yet to read or hear from any interested party who promotes this innocence theory are any particulars.  Exactly what do you have?  Where is this persuasive evidence which, had it been presented to the jury, would surely have swayed them to acquit? 

The test for those living defendants who desire to raise actual innocence is daunting to say the least.  New evidence, not otherwise available to the defendant through the exercise of reasonable diligence, must be of such a clear and convincing character that no jury would have convicted, had they heard it.  That is the accepted standard applicable to the kind of claim that Quackenbush raises.  So, is it asking too much that he simpy come forward and show us.  This is not your normal claim of actual innocence.  Our defendant has been long dead so the normal procedures for DNA testing, as outlined in the Code of Criminal Procedure, probably doesn’t apply.  So why not just take out a full page ad or two in the local paper (much like Quackenbush did when he ran for the State house a few years back) and let us see what you have?  Why the mystery, why the tease?

And one other thing about this claim of innocence.  Fairness requires that I disclose that I served, alongside lawyers from the Texas Defender Service, as one of Garrett’s writ lawyers right down to his bitter, snarling end.  I had opportunity to visit with the man on more than one occasion, both in Huntsville and Amarillo.  And at no time did Garrett ever once protest his innocence nor did he ever question the evidence at trial.  Yes, he certainly had some disorganized, rather odd ideations about his pending execution and other mundane matters.  But when it came to talking about the case, Danny Hill, the prosecutor or his prior lawyers, Garrett was quite articulate and needless to say, opinionated.  Again, I want to repeat that Johnny Frank Garrett not once ever told me or any of the lawyers with the  TDS that he was framed or that he was innocent or that he was some dupe in the ultimate game of life.  And believe me, if you’re going to pick anyone to share your life story with, all the while contending you’re innocent, it best be the young turks with the Texas Defender Service.  You can bet a pound to a ruble that TDS looked at the actual innocence angle; they always do.  It’s their method of leaving no stone unturned.

So, show us the money; show us something that we can possibly hang our collective hat on.  Even Randall Sims, Potter County D.A., has strongly hinted that if Jesse can come up with something, he (Sims) feels obligated to run it through for DNA testing, if it can be done.  I would think that the lawyer or lawyers using their lung power and the electronic media to promote innocence cannot in good conscience let this invitation go unheeded.

Fourteen years ago, James Abbott was stabbed to death outside a supermarket in the Queens, New York.  Six weeks after his death, one of the supermarket cashiers told police that a man who had been in the store with the victim just before the killing was drinking beer on a street just a few blocks away at that very moment.  With that information in hand, detectives drove up to a nearby home where they spotted Kareem Bellamy indeed standing outside, drinking a beer.   As the detectives walked up to him, Bellamy “blurted out,” according to them, “This must be a mistake - someone must have accused me of murdering someone.”  He was promptly arrested for Abbott’s murder and cuffed.

At trial, the sole eyewitness to the homicide could not identify Bellamy.  No one could come up with any reason why Bellamy would want to hurt Abbott.  There was no relationship between the two, no proof that they even knew each other beyond the fact that the two men were indeed at the store on that frateful day in 1994 at the same time.  Notwithstanding the lack of any direct or circumstantial evidence linking Bellamy to the crime, his mere words uttered that day effectively put him in prison.  In a pre-trial hearing, the judge ruled that Bellamy’s blurted-out statement evidenced “consciousness of guilt” and provided a thin veneer of proof to an admittedly weak case.  Jurors struggled with the case on guilt-innocence over four days of deliberations but in the end, they filed back in court, many weeping, to declare Kareem Bellamy guilty of murder.  He was 26 years of age, sentenced to 25 years to life in prison. (more…)