This blog explores the contemporary political and cultural trends from a distinct perspective
Was Justice denied
Published on October 15, 2010 By Bahu Virupaksha In Current Events

On September 23rd, 2010 a woman, was stretched out on a duree to have her arm punctured with a lethal cocktail of chemicals designed to stop a working, healthy heart. This scence that played itself out in Greensville Corectional Center sent shock waves across the world. For one, this incident put the USA in the same league as Iran, China and sundry other countries which routinely carry out executions and impose the death penalty even on women. I must say that I do not think that a criminal who takes another human being's life deserves mercy so my position is not that of a liberal who oppose the death peanlty on the round thatthe state does not have the right to tke life. My position is based on the facts ofthis particular case as I have been able to glean from sources accessible to me. Nor I am interested in the huge question whether the lethal injection method of excecution is a "cruel and unusual punishment" the constitutionality of which the US Supreme Court will eventually decide.

The woman who was killed on September 23 rd 2010, Tresa Lewis, was aged around 45 and by all accounts seemed to be the victim of circumstances. Her mental abilities were extremely restricted and even the Court found that she had an IQ of around 70 making her a prime candidate for defence under the "diminished respomsibility" condition. Yet the Court found her guilty, awarded her the capital punishment and even theGovernor did not intervene to stop her excecution. I think the justice was seriously compromised in this particular case.

The facts are simple. Tresa Lewis was married to Julian for the second time and her husband had a son and both had good insurance policies to their credit. Apparently at the instigation of Mathew  Shallenberger and his accomplice Rodney Fuller, Tresa Lewis allowed both these men to enter her house on October 2, 2002 and the husband and step son were shot dead. At first the woman and her accomplices made it appear as ifthe killing had taken place during a break in and robbery. Shallenberger who actually killed the two men was give only life in prison and he subsequently killed himself.

When it is clear that Tresa Lewis did not pull the trigger and her possessedonly extremely limited moral and intellectual ability, I wonder on what grounds the death penalty was imposed. There is no doubt that she facilitated the crime but she did not actually carry out the killing and therefore under the law she cannot be guilty of a capital offence.


 




Comments (Page 3)
5 Pages1 2 3 4 5 
on Oct 22, 2010

Indeed, I am unaware of the "world wide" controversy surrounding the latest until Bahu decided he was spokesman for the world

I am just a historian earning, like little Tommy Tucker, by singing in a University for my supper. You have made me the spokesperson for the world-- I do get the sarcasm, but really I do have apoint when I say that Lewis was less guilty than the person who pulled the trigger. And her IQ level makes her a case fit for diminished responsiblity.

I oppose her death not because she was a woman but because there were infirmities in the judicial process. Her lawyers failed her.

on Oct 22, 2010

Her lawyers failed her.

She failed herself. Even most children know right from wrong.

on Oct 25, 2010

Even most children know right from wrong.

A judicial sentence is not mere moral posturing. No one doubts even for a moment that she did wrong and deserves to be punished. The question is the quantum of punishment. Did she deserve to die for being a mere accessory to the crime while the man who pulled the trigger escaped with a life sentence.

on Oct 25, 2010
The issue is not her death sentence. It is the absence of his. On this point, I can agree with Bahu that lawyers have well & truly screwed up our justice system.
on Oct 25, 2010

Did she deserve to die for being a mere accessory to the crime while the man who pulled the trigger escaped with a life sentence.

Without her compliance, no crime would have occurred. Eye for an eye... if premeditated, sounds reasonable to me. As others have said, all involved should have got the same, but that's my opinion. The jury saw different. I do truly wish in the clear cut cases of murder the process can be hastened. We are wasting too much time and effort on known, murderous criminals, just to pad some lawyers bank account, to my liking. Nine bullets and a blank are much cheaper than the current process too.

The issue is not her death sentence. It is the absence of his. On this point, I can agree with Bahu that lawyers have well & truly screwed up our justice system.

Amen.

on Oct 26, 2010

These death row inmate who have subsequently been released probably disagree with the hastening of the process.  I would also image that there were a number of people killed who deserved the process being more though.

1973.

  • 1. David Keaton Florida (Keaton v. State, 273 So.2d 385 (1973)). Convicted 1971.

1974

  • 2. Samuel A. Poole North Carolina (State v. Poole, 203 S.E.2d 786 (N.C. 1974)). Convicted 1973.

1975.

  • 3. Wilbert Lee Florida (Pitts v. State 247 So.2d 53 (Fla. 1971), overturned and released by pardon in 1975). Convicted 1963.
  • 4. Freddie Pitts Florida (Pitts v. State 247 So.2d 53 (Fla. 1971), overturned and released by pardon in 1975). Convicted 1965.
  • 5. James Creamer Georgia (Emmett v. Ricketts, 397 F. Supp 1025 (N.D. Ga. 1975)). Convicted 1973.
  • 6. Christopher Spicer North Carolina (State v. Spicer, 204 SE 2d 641 (1974)). Convicted 1973.

1976

  • 7. Thomas Gladish New Mexico. Convicted 1974.
  • 8. Richard Greer New Mexico. Convicted 1974.
  • 9. Ronald Keine New Mexico. Convicted 1974.
  • 10. Clarence Smith New Mexico. Convicted 1974.

1977.

  • 11. Delbert Tibbs Florida. Convicted 1974.

1978.

  • 12. Earl Charles Georgia. Convicted 1975.
  • 13. Jonathan Treadway Arizona. Convicted 1975.

1979.

  • 14. Gary Beeman Ohio. Convicted 1976.

[edit] 1980-1989

1980

  • 15. Jerry Banks.
  • 16. Larry Hicks.

1981

  • 17. Charles Ray Giddens.
  • 18. Michael Linder.
  • 19. Johnny Ross.
  • 20. Ernest (Shuhaa) Graham.

1982

  • 21. Annibal Jaramillo.
  • 22. Lawyer Johnson Massachusetts (Commonwealth v. Johnson, 429 N.E.2d 726 (1982)). Convicted 1971.

1985

  • 23. Larry Fisher.

1986

  • 24. Anthony Brown.
  • 25. Neil Ferber.
  • 26. Clifford Henry Bowen.

1987

  • 27. Joseph Green Brown.
  • 28. Perry Cobb.
  • 29. Darby (Williams) Tillis.
  • 30. Vernon McManus.
  • 31. Anthony Ray Peek.
  • 32. Juan Ramos.
  • 33. Robert Wallace.

1988

  • 34. Richard Neal Jones.
  • 35. Willie Brown.
  • 36. Larry Troy.

1989

  • 37. Randall Dale Adams Texas (Ex Parte Adams, 768 S.W.2d 281) (Tex. Crim App. 1989). Convicted 1977[3][4].
  • 38. Robert Cox.
  • 39. James Richardson.
  • On April 8, 2010, former death row inmate Timothy B. Hennis, once exonerated in 1989, was reconvicted of a triple murder, thereby dropping him from the list of those exonerated. [1] Sentenced to death by military court-martial 15 April 2010

[edit] 1990-1999

1990

  • 40. Clarence Brandley Texas (Ex Parte Brandley, 781 S.W.2d 886 (Tex. Crim App. 1989). Convicted 1981.
  • 41. John C. Skelton.
  • 42. Dale Johnston.
  • 43. Jimmy Lee Mathers.

1991

  • 44. Gary Nelson.
  • 45. Bradley P. Scott.
  • 46. Charles Smith.

1992

  • 47. Jay C. Smith Pennsylvania. Convicted 1986.

1993

  • 48. Kirk Bloodsworth Maryland. Convicted 1984. Exonerated 1993; first prisoner to be exonerated by DNA evidence. Serving life in prison when exonerated, as earlier death sentence was overturned.
  • 49. Federico M. Macias.
  • 50. Walter McMillan.
  • 51. Gregory R. Wilhoit Oklahoma. Convicted 1987. Along with Ron Williamson, Wilhoit later became the subject of John Grisham's 2006 non-fiction book The Innocent Man: Murder and Injustice in a Small Town[5].
  • 52. James Robison.
  • 53. Muneer Deeb.

1994

  • 54. Andrew Golden.

1995

  • 55. Adolph Munson.
  • 56. Robert Charles Cruz.
  • 57. Rolando Cruz.
  • 58. Alejandro Hernández.
  • 59. Sabrina Butler.

1996

  • 60. Joseph Burrows. Joseph Burrows was released from death row after his attorney Kathleen Zellner persuaded the real killer to confess at the post-conviction hearing.
  • 61. Verneal Jimerson.
  • 62. Dennis Williams.
  • 63. Roberto Miranda.
  • 64. Gary Gauger.
  • 65. Troy Lee Jones.
  • 66. Carl Lawson.
  • 67. David Wayne Grannis.

1997

  • 68. Ricardo Aldape Guerra.
  • 69. Benjamin Harris.
  • 70. Robert Hayes.
  • 71. Christopher McCrimmon.
  • 72. Randall Padgett.
  • 73. James Bo Cochran.

1998

  • 74. Robert Lee Miller, Jr.
  • 75. Curtis Kyles.

1999

  • 76. Shareef Cousin Louisiana (Louisiana v. Cousin, 710 So. 2d 1065 (1998)). Convicted 1996.
  • 77. Anthony Porter Illinois. Convicted 1983.
  • 78. Steven Smith.
  • 79. Ronald Williamson Oklahoma. Convicted 1988. Along with Gregory R. Wilhoit, Williamson later became the inspiration for and subject of John Grisham's 2006 non-fiction book The Innocent Man: Murder and Injustice in a Small Town[5].
  • 80. Ronald Jones.
  • 81. Clarence Dexter, Jr.
  • 82. Warren Douglas Manning.
  • 83. Alfred Rivera.

[edit] 2000-2009

2000

  • 84. Steve Manning.
  • 85. Eric Clemmons.
  • 86. Joseph Nahume Green.
  • 87. Earl Washington Virginia (pardoned). Convicted 1994 (1984, without life sentence).
  • 88. William Nieves.
  • 89. Frank Lee Smith (died prior to exoneration).
  • 90. Michael Graham.
  • 91. Albert Burrell.
  • 92. Oscar Lee Morris.

2001

  • 93. Peter Limone.
  • 94. Gary Drinkard.
  • 95. Joachin José Martínez.
  • 96. Jeremy Sheets.
  • 97. Charles Fain.

2002

  • 98. Juan Roberto Melendez-Colon Florida. Convicted 1984.
  • 99. Ray Krone Arizona (State v. Krone, 897 P.2d 621 (Ariz. 1995) (en banc)). Convicted 1992.
  • 100. Thomas Kimbell, Jr.
  • 101. Larry Osborne.

2003

  • 102. Aaron Patterson.
  • 103. Madison Hobley.
  • 104. Leroy Orange.
  • 105. Stanley Howard.
  • 106. Rudolph Holton.
  • 107. Lemuel Prion.
  • 108. Wesley Quick.
  • 109. John Thompson.
  • 110. Timothy Howard Ohio. Convicted 1976.
  • 111. Gary Lamar James Ohio. Convicted 1976.
  • 112. Joseph Amrine.
  • 113. Nicholas Yarris Pennsylvania (Pennsylvania v. Yarris, No 690-OF1982, Court of Common Pleas, Delaware County, September 3, 2003. Order vacating conviction). Convicted 1982.

2004

  • 114. Alan Gell.
  • 115. Gordon Steidl.
  • 116. Laurence Adams.
  • 117. Dan L. Bright.
  • 118. Ryan Matthews.
  • 119. Ernest Ray Willis.

2005

  • 120. Derrick Jamison.
  • 121. Harold Wilson.

2006

  • 122. John Ballard.

2007

  • 123. Curtis McCarty.
  • 124. Michael McCormick.
  • 125. Jonathon Hoffman.

2008

  • 126. Kennedy Brewer Mississippi. Convicted 1995.
  • 127. Glen Edward Chapman North Carolina. Convicted 1995.
  • 128. Levon "Bo" Jones[6] North Carolina. Convicted 1993.
  • 129. Michael Blair Texas. Currently in prison for the sexual assault of three young girls.

2009

  • 130. Nathson Fields Illinois. Convicted 1986.
  • 131. Paul House Tennessee. Convicted 1986.
  • 132. Daniel Wade Moore Alabama. Convicted 2002.
  • 133. Ronald Kitchen Illinois. Convicted 1988.
  • 134. Herman Lindsey Florida. Convicted 2006.
  • 135. Michael Toney Texas. Convicted 1999. (Toney later died in a car accident on October 3, 2009, just one month and a day after his exoneration.)[7].
  • 136. Yancy Douglas Oklahoma. Convicted 1997.
  • 137. Paris Powell Oklahoma. Convicted 1997.
  • 138. Robert Springsteen Texas. Convicted 2001.
on Oct 26, 2010

You've been a busy bee Basmas

on Oct 26, 2010

After reading all this, I have to wonder why people think that her IQ test was a reliable way of telling her mental ability.  The IQ test was administered as part of her hearing.  Gee...I can't imagine why it turned out so low.

If she was retarded, how was she legally able to be married? 

Sorry, anyone that can have their husband and step-son shot for money needs to be out of society. 

I also wonder why people aren't talking about the two men that committed the crime.  I mean, hey, she was only having sex with both of them and used that as a way to manipulate them into committing the crime.  But, yeah, I can totally see why she should be in society.

I don't care the gender or the IQ (especially since the test was taken after she was arrested).  She did the crime and she ended TWO people's lives who trusted her.  The only "wrong" in this case is that the killers got off easy...though I'm not sure that being in jail with other lifers is "easy"...if you know what I mean

 

on Oct 26, 2010

These death row inmate who have subsequently been released probably disagree with the hastening of the process.

All well and good, unfortunately I was referring to clear cut cases of murder (such as the Ft. Hood and Connecticut family murderers come to mind). How long would you suggest they languish in the "system"? I never suggested anyone be put down on circumstantial evidence. Sorry but your research has no affect on my opinion, but while you're at it, why don't you look up how many criminals were released and killed again? Let's see which is larger. Perhaps you'd feel different if someone close to you were a victim on the killers second go round. Oh, that's right, for the most of the left only fetuses qualify.

 

on Oct 27, 2010

Sorry, anyone that can have their husband and step-son shot for money needs to be out of society

[quote]If she was retarded, how was she legally able to be married? [/quote

]

These death row inmate who have subsequently been released probably disagree with the hastening of the process. I would also image that there were a number of people killed who deserved the process being more though

Thank you for such a detailed reply. It shows very very clearly that you have a very good command over the material and I stand certainly informed by your reply. Thanks.

As I have already said I am not going into the debate on death penalty per se. The US Supreme Court is seizes of the matter and will pronounce on it in a few months time. I feel that death by lethal injection may be retained and electrocution and firing squad method may be found to be "cruel and unusual".

Marriage does not require an IQ test and if it did few will marry.

You are wrong Karma Girl. She was manipulated into being an accomplice by her lover who later killed himself.

on Oct 27, 2010

On this point, I can agree with Bahu that lawyers have well & truly screwed up our justice system.

Really memorable. This one of the rare occasions when you have agreed with a position that I have taken.

on Oct 27, 2010

Nitro Cruiser
These death row inmate who have subsequently been released probably disagree with the hastening of the process.All well and good, unfortunately I was referring to clear cut cases of murder (such as the Ft. Hood and Connecticut family murderers come to mind). How long would you suggest they languish in the "system"?

And who would decide which cases are 'clear cut'?  Why should that one person have the power of life or death over somebody with no oversight?  After all if there is oversight over which cases are clear cut or not then you will just get a completly different set of appeals.  Also just try thinking this though - you would end up with 'guilty' 'not guilty' and 'clear cut'.  If it is not 'clear cut' why are the guily being sent to be killed?

Nitro Cruiser

 I never suggested anyone be put down on circumstantial evidence. Sorry but your research has no affect on my opinion, but while you're at it, why don't you look up how many criminals were released and killed again? Let's see which is larger. Perhaps you'd feel different if someone close to you were a victim on the killers second go round. Oh, that's right, for the most of the left only fetuses qualify. 

????  What does the number of people released who later kill have anything to do this at all people have the right to appeal before the state kills them?  Are you talking about people released on parole who kill, people who are released after being found NOT GUILTY of the crime they were jailed for later killing?  People getting parole is a complety different issue and debate and even this womans case is not 'is she killed or is she released'. 

Oh, that's right, for the most of the left only fetuses qualify.

An offesive comment which had no reason to be said, nothing to back it up and nothing to do with the issue(s) at hand,

 

on Oct 27, 2010

Really memorable.

I think I agreed with you once before, Bahu.

Once.

on Oct 27, 2010

 
[/quote]

And who would decide which cases are 'clear cut'?

I gave two examples... seems pretty easy when a killing is witnessed by many, in broad day light or positively identified by a survivor, or even admitted to the crime. Wouldn't you think?

After all if there is oversight over which cases are clear cut or not then you will just get a completly different set of appeals. Also just try thinking this though - you would end up with 'guilty' 'not guilty' and 'clear cut'. If it is not 'clear cut' why are the guily being sent to be killed?

Where did I say I'd deny anyone their day in court? Let the jury decide. If it's death, there are degrees. Murder in the first degree is pretty clear cut IMO, so what's the issue? Not second, not third, not manslaughter. I'm not advocating the death penalty in the case of an accident, self defense, etc. If I walked up to you and put a gun barrel to your forehead, pulled the trigger, in the middle of the street on a sunny day, for no good reason other than to watch you die or take your wallet, I should expect the consequences for my actions and swiftly at that, not 20 years later after playing on some bleating heart liberal to save me from my fate.. Stop putting your own words between the lines and reading them out as liker they were implied.

Oh, that's right, for the most of the left only fetuses qualify.

An offesive comment which had no reason to be said, nothing to back it up and nothing to do with the issue(s) at hand,

Offensive to who? The people that openly condone that while sparing (adult) murderers? Of course it has a reason to be said. You champion the the guilty and ignore the innocent. A life is a life, we are talking guilty and innocent correct (3700 per day in the US alone if your interested, sorry no list of names for you http://www.abortionno.org/Resources/fastfacts.html)? So, I'm not bothered one bit if you were offended. Are you bothered that I'm annoyed at the hypocrisy? I thought so.

 

Anyway. Here's are some stats for you, I'm sure they won't be as "good" for you because it is not in line with your thinking. All the same:

"Fifty-six percent of the violent felons convicted in the 75 most populous counties from 1990 through 2002 had a prior conviction, according to the Bureau of Justice Statistics.

Of the offenders with prior felony records, the study found that at the time of the new crime 18 percent were on probation, 12 percent on release pending disposition of a prior case and 7 percent on parole.

The bureau also reported 38 percent had a prior felony conviction and 15 percent had been previously convicted for a violent felony."

I'm sure your list in a side by side comparison would pale next to 15 percent of the prison population even if only one 10th of a percent of the 15% were prior murders.

Slightly OT: Here's an interesting one (not murder specific, but repeat offenders) concerning Canada thought I'd pass it on.

http://www.primetimecrime.com/Recent/Courts/Sun%20Repeat%20offender.htm

 

on Oct 27, 2010

In the UK there were several cases of people convicted of IRA bombings who had 'confessed' to the crime and were later proved to be completly and utterly innocent. 

As far as my understand of the USA legal system goes if somebody kills somebody by accident they will not be killed by the state.

Those cases I listed were (in the main) one's where a jury decided on the evidence shown to them to be guilty even though they were not and the legal system later proved they were not gulity.

People who were convicted of 2nd degree murder etc were not sentanced to death, that list is the people who were conviced of a captail crime and later proved NOT TO HAVE DONE IT. 

Jury trials are not, and never will be, perfect and so they will always require appeal processes and the like.  In the case of the state killing the defendents of course these appeals etc have to be done while the defendent is still alive. 

Jurys can and will be wrong.  People deserve appeals and that list of INNOCENT people who would otherwise have been delibartly killed by the state shows that the system of appeals etc that you appear to dislike save INNOCENT lives, 

[quote]

 You champion the the guilty and ignore the innocent.

[/quote}

where? where have I done either?  The list I showed was of people shown to be NOT GUILTY, ie the INNOCENT.

What the hell does any of this have anything to do with abortion? Where has anything I have said even inpact on abortions?  Or repeat offenders?

5 Pages1 2 3 4 5