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Oklahoma Lawmakers Eyeing New Execution Method: Nitrogen Gas

A gas chamber on site at the former Missouri State Penitentiary in Jefferson City. Associated Press

In the wake of numerous problems with lethal injection as an execution method, states have increasingly considered bringing back methods that were long ago sent to the scrap heap.

For instance, Tennessee last year passed a law to allow the state to use the electric chair, in the event that lethal-injection becomes unworkable. Utah and Wyoming are each considering proposals that would restore the firing squad if lethal drugs can't be obtained.

Now Oklahoma has joined the game, albeit with a twist. Two Republican lawmakers in the Sooner State have proposed separate bills that would bring back the gas chamber, albeit with a new drug -- nitrogen.

According to the AP:

Two separate bills scheduled for hearings this week in legislative committees would make death by "nitrogen hypoxia" a backup method of execution if the state's current lethal injection process is found to be unconstitutional.

"You wouldn't need a medical doctor to do it. It's a lot more practical. It's efficient," said Rep. Mike Christian, an Oklahoma City Republican and former Oklahoma Highway patrolman who conducted a hearing last summer on hypoxia, or the depletion of oxygen in the bloodstream. . . .

Traditional gas chambers used hydrogen cyanide, a drug that in some instances caused pain and extreme anxiety, according to the Death Penalty Information Center, an organization largely opposed to the way the death penalty is administered in the U.S.

But the use of nitrogen might sidestep these problems, according to supporters.

Christian said unlike traditional gas chambers that used drugs like cyanide that caused a buildup of carbon dioxide in the blood, breathing nitrogen would be painless because it leads to hypoxia, a gradual lack of oxygen in the blood, similar to what can happen to pilots at high altitudes.

According to the Death Penalty Information Center, four states currently allow the use of lethal gas, but all have lethal injection as the primary method. The last execution-by-gas took place in Arizona in 1999.

The Supreme Court last month said it would examine Oklahoma's lethal-injection protocol. Among other issues, the court will examine whether Oklahoma's drug protocol--a new formula the state adopted after a bungled execution in April 2014 --complies with the constitutional prohibition of "cruel and unusual punishments."
Introductions / Re: Hi guys i am back.
January 22, 2015, 04:16:48 PM
I have been gone too, but welcome back :-*
Oklahoma killer executed for death of infant girl

Charles Frederick Warner, 47, was put to death Thursday for raping and killing 11-month-old Adriana Waller in 1997.

McALESTER -- A man who raped and killed an 11-month-old girl in 1997 was put to death by the state Thursday in Oklahoma's first execution in nine months.

Charles Frederick Warner, 47, was pronounced dead at 7:28 p.m. at the Oklahoma State Penitentiary in McAlester.

Warner's execution via a deadly three-drug cocktail was the first state-sanctioned killing of an inmate since the controversial execution of Clayton Lockett on April 29.

Lockett's execution went awry as doctors struggled to set a proper IV, and it took more than 40 minutes for him to die. That led the state to stay executions while it investigated what went wrong.

Attorneys for the state said a failed intravenous line and a lack of training led to the problems with Lockett's injection, not the drugs used. Still, Oklahoma ordered a five-fold increase in the sedative dose.

Executioners on Thursday were expected to use essentially the same three drugs used in Lockett's execution.

Warner killed his roommate's daughter, Adriana Waller, in Oklahoma City. He was convicted in 1999, later granted a new trial and convicted again in 2003.

Adriana's jaw and three of her ribs were broken, and her lungs and her spleen were bruised. Her liver was lacerated, and she suffered from brain hemorrhaging because of Warner's attack.

Only five media witnesses were allowed in the death chamber. After the execution they reported to journalists waiting in the media center, situated outside the prison walls, that the execution lasted 18 minutes.

The blinds were raised at 7:08 p.m., according to witnesses. Warner told the room he had been poked five times before two IVs, one in each arm, were fully administered.

"It hurt. It feels like acid," Warner said from the gurney. "I'm sorry for all the pain that was caused. I'm not a monster. I didn't do everything they said I did. I love people, love my family. I love Jesus."

An Associated Press reporter said Warner could be heard speaking after the microphone in the death chamber was cut off. New execution protocol requires the microphone to be turned off after the last words are given.

"My body is on fire," Warner could be heard saying through the viewing window. "No one should go through this. I'm not afraid to die. We's all going to die."

Warner's breathing reportedly grew more shallow over the next several minutes, and his eyes closed, opening once more through the process.

An official wearing scrubs and a surgical mask entered the chamber at 7:16 and declared Warner unconscious. In the final five minutes of his life, Warner did not move. No significant convulsing was seen.

Madeline Cohen, Warner's federal public defender and one of his chosen witnesses to his death, contended midazolam -- the first drug administered -- is still an unreliable drug for lethal injections.

"We know from the three problematic midazolam executions in 2014 that the drug cannot reliably produce a deep, comalike unconsciousness," Cohen said in a statement emailed shortly after the procedure. "And because Oklahoma injected Mr. Warner with a paralytic tonight, acting as a chemical veil, we will never know whether he experienced the intense pain of suffocation and burning that would result from injecting a conscious person with rocuronium bromide and potassium chloride."

Procedure on hold

The state's new execution protocol reduced the number of media witnesses to state executions from 12, the number that witnessed Lockett's lethal injection, to five. State law requires seats be reserved for members of the prosecution and law enforcement in each case, as well as witnesses there on behalf of the condemned inmate. Since media seats are not protected under law, the state said they had to be cut in order to comply with statute.

Editor's note: You can read the Supreme Court's dissenting opinion of the denial of Charles Warner's application for a stay of execution, authored by Justice Sonia Sotomayor.
Death-row inmate Charles Warner executed in McAlester

MCALESTER, Okla. --Death-row inmate Charles Warner was executed Thursday night in McAlester after an appeal was denied.

The lethal injection at 7:28 p.m. came after a nearly nine-month delay prompted by a botched lethal injection last spring.

Warner and three other death row inmates in the state filed a petition with the U.S. Supreme Court to stop their executions.

His last meal was a 20-piece meal of hot wings from KFC, Coca-Cola, a Big Mac from McDonald's and gummy bears.

Warner was convicted in the 1997 killing of his girlfriend's 11-month-old daughter.
Supreme Court denies Charles Warner's appeal, execution moving forward -

By Brittany Jeffers

Charles Warner's last minute appeal with the Supreme Court has been denied, tonight's planned execution will move forward.
Warner  is scheduled to die for the 1997 rape and murder of an 11 month old daughter.
This is the first execution in the state since the execution of Clayton Lockett which did not go as planned. Lockett's execution in April 2014 went wrong when one of his veins failed, the lethal drug was not injected directly into his blood and his death was drawn out rather than planned. Executions were suspended until an investigation into the process was conducted and changes were implemented.

After the procedure was looked into several changes were made. The state is giving Warner the same drug given to Clayton Lockett, called midazolam, but Warner will have a much higher dose.

Warner requested his last meal at noon on Thursday: 20 piece boneless hot wings from KFC, a Coca-Cola, fruit cocktail cup, cole slaw a Big Mac and gummy worms.

- See more at:
The Supreme Court denied a stay of execution.  It will go forward this evening.  It was delayed past 6:00 till the ruling came in, but it should go forward any minute now.

This will be the first execution in OK in 9 months since the so called botched execution of Warner.
Oklahoma Execution: Baby's Mom Says Killer Charles Warner Should Live

Death-row prisoner Charles Warner is set to be executed in Oklahoma on Thursday for the rape and murder of an 11-month-old baby, but one person who doesn't want to see him killed is the infant's mother.

Adrianna Waller, 11 months old, was murdered by Charles Warner on August 22, 1997.

Shonda Waller told defense lawyers in a videotaped statement that a lethal injection for Warner -- the first in the state since a bungled procedure nine months ago -- would be a "dishonor" to her daughter Adrianna's name and against her religious beliefs.

"I don't see any justice in just sentencing someone to die," Waller said. "To me, the justice is in someone living with what they have done to you, your family, and having to live with that for the rest of their life knowing they will never walk out those bars."
Charles Warner will face the death penalty for raping and killing an 11-month-old.

By CARY ASPINWALL World Staff Writer | 43 comments
Editor's Note: The Tulsa World originally published this story on April, 27, 2014, in advance of Charles Warner's original execution date. His execution is now scheduled for Thursday.

Shonda Waller left for the grocery store one August afternoon in 1997 and came home to find her 11-month-old infant, Adrianna, undressed, limp and lifeless.
Her dolly eyelashes wouldn't move. Adrianna was dead on arrival at Mercy Hospital in Oklahoma City.
Her skull, jaw and ribs were fractured. Her liver was lacerated, her spleen and lungs were bruised.
It was a sharp-eyed charge nurse who first noticed the signs of sexual abuse, as she cleaned Adrianna's tiny body so that her mother could hold her one last time. Her baby weighed the same as a sack of potatoes.
Charles Frederick Warner, the former roommate of Waller, was convicted of raping and killing Adrianna. The state plans to execute Warner and another convicted killer, Clayton Lockett, Tuesday at the Oklahoma State Penitentiary.
Warner, 46, has fought in court against recent changes to the state's execution protocol, arguing that he has a constitutional right to know key details about the execution drugs and that the new, untested method could inflict cruel and unusual pain. His March execution date was stayed as the courts sorted out the legal issues involved with Oklahoma changing the lethal injection drug mixture it uses.
But he is out of appeals for the crime for which he will die.
Tried and convicted
Warner was tried three times in Oklahoma County District Court before he landed permanently on death row.
At the first trial, he was convicted and sentenced to death. But within a few years, the Oklahoma Court of Criminal Appeals reversed that sentence and ordered a new trial. The second time, in 2003, it was declared a mistrial. But months later, he was re-tried, convicted and once again sentenced to death.
Public defenders at his murder trial argued that police and prosecutors had manipulated the evidence and the witnesses provided inconsistent and embellished testimony.
But Warner's own story changed several times. He initially admitted to being alone with the baby and his own three children while Waller was at the grocery store.
"You already got me," Warner reportedly told police in a videotaped interview hours after the baby died.
But he first said the baby fell while he was out of the room. Then at trial, he said he had gone to the store with Waller and all of the children. He said he returned home, left again with two of the kids, and left the baby at home under the supervision of his 5-year-old, with the door unlocked.
But Warner's own son testified at trial that he witnessed his father shaking the baby while Waller was not home.
Lou Keel, the former prosecutor who secured Warner's conviction, wrote to the Oklahoma Pardon and Parole Board before Warner's clemency hearing to say that he didn't deserve leniency from the state.
"Warner never displayed any remorse for his actions and remained indifferent throughout both trials," Keel wrote. "For this horrendous crime against a most helpless little child, justice demands this sentence be carried out."
At the trial, Waller told the courtroom of the sadness that filled her heart after she lost Adrianna, whose name is spelled Adriana in some records.
"I wake up to make her bottles for a child that's no longer there. I constantly ask myself, 'Am I going crazy?' " she said. "I think of death often, yet I have to remind myself that if I take my life, I will never get the chance to see her again at heaven's gates. I know we will cross one day. I look forward to holding my child who is only now a memory."
Waller now lives in Georgia. Earlier this year, she agreed to a recorded interview with attorneys representing Warner in advance of his March clemency hearing. Though court records and news articles at the time said Waller and Warner had a relationship, his attorneys maintain the two were simply roommates.
She said no one asked her at the time of the trial if she thought Warner should be sentenced to death. She told his attorneys that she is "a Christian woman" who believes the death penalty is morally wrong and has forgiven Warner, according to the interview transcript.
"God always has the final say so on life and death and after everything that I've been through, I wouldn't want his family to suffer the way I've suffered or his child to have to endure losing her father. I wouldn't wish that on anyone," she said. She would prefer that Warner spend the rest of his life in prison, "without him ever walking out of the cell walls."
To execute Warner in her daughter's name would dishonor her daughter, she told the attorneys.
"When he dies, I want it to be because it's his time, not because he's been executed because due to what happened to me and my child. I don't see any justice in just sentencing someone to die," she said. "To me, the justice is in someone living with what they have done to you... your family, and having to live with that for the rest of their life knowing that they will never walk out those bars.
"My daughter's memory lies with me. There's nothing they can do by giving him the death penalty that's going to honor anything pertaining to my daughter or to myself."
Cary Aspinwall 918-581-8477
Oklahoma set to resume executions Thursday

On Thursday, the state plans to execute Charles Frederick Warner. It will be the first death sentence to be carried out in Oklahoma since the bungled execution of Clayton Derrell Lockett in April.

Charles Frederick Warner The death row inmate is set to die by lethal injection at 6 p.m. Thursday. - AP

After hearings in multiple federal and state courts, a state investigation, several stays of execution, difficulties finding the lethal drugs and execution staff, and a renovated death chamber, state officials say the time has come to resume executions in Oklahoma.

Charles Frederick Warner The death row inmate is set to die by lethal injection at 6 p.m. Thursday. - AP
On Thursday, corrections officials plan to carry out the state's first execution since the controversial lethal injection of Clayton Derrell Lockett in April. That execution garnered international attention after it took more than 40 minutes for Lockett to die.

Charles Frederick Warner, 47, is set for execution at 6 p.m. Thursday at the Oklahoma State Penitentiary in McAlester. Warner raped and killed an 11-month-old girl in 1997.

"We are prepared to go forward," state Corrections Department spokesman Jerry Massie said this week.

Lockett's April 29 lethal injection gained notoriety after he grimaced, bucked and spoke after being declared unconscious by the attending physician. Sixteen minutes into the execution, the blinds were closed, and soon after media witnesses were escorted from the death chamber, left wondering whether or not he was still alive. He was declared dead 43 minutes after the process began; however, his death was not witnessed by the media.

After the preferred lethal drugs, pentobarbital and sodium thiopental, could not be obtained by the state, the Corrections Department was forced to use the sedative midazolam on Lockett. Midazolam also was used in two recent problematic executions, one in Ohio and another in Arizona.

"If either of those drugs were available, I would have selected them first," state Corrections Department Director Robert Patton testified in December in federal court.

Patton also testified his agency has selected a physician and IV specialists for Warner's execution, but he declined to comment on whether or not those medical professionals will be the same ones used during Lockett's execution. State law prohibits the public disclosure of the identities of execution team members.

Massie declined this week to answer questions about the physician or the drugs that will be used Thursday, citing pending litigation.

New protocol

Midazolam was the primary focus of the legal wrangling surrounding both Lockett's execution and the executions of those remaining on Oklahoma's death row. Inmates and their attorneys have argued for months that the sedative is not a reliable anesthetic and will cause the condemned inmates to feel significant pain, violating their constitutional rights against cruel and unusual punishment.

While those concerns over the drug have been raised repeatedly, a state investigation into Lockett's lethal injection found improper training and equipment to be the single greatest contributing factor to problems that occurred that night. An independent autopsy commissioned by the inmates' attorneys also came to the same conclusion. The state's investigation yielded several recommended changes, and the state renovated the death chamber and revised its protocol.

Patton's testimony in December revealed the state's plans to use essentially the same three-drug cocktail on Warner that was used in Lockett's execution. One minor difference will be the use of rocuronium bromide in place of vecuronium bromide as the middle drug -- the drug that paralyzes the inmate -- in the procedure. The two drugs are virtually the same, Patton testified. The first drug, or sedative, will again be midazolam, and the final drug, meant to stop the heart, will be potassium chloride.

Editor's note: Below is a timeline showing previous NewsOK stories about the convictions of Clayton Lockett and Charles Warner and the state of Oklahoma's difficulties in securing the lethal drugs necessary to execute them.

Bunch of whiney scumyers. 

Always crying over the murderer's rights, never over the removal of the victim's rights by the murderer, never feeling sympathy for the victims.

Go figure!
Off Topic - Anything / Happy New Year 2015 to Everyone!
December 31, 2014, 05:47:52 PM
Back to wish everyone a Happy and Prosperous New Year in 2015!

Quite possibly the most racist article you will ever read

(by Allen B.West) -- Every now and then you come across an article that folks just need to read. This one written by Michael Smith entitled, "Confessions of a Public Defender" and originally posted at American Renaissance on May 9, 2014 is one of those articles.

It is a profound and deeply disturbing piece, which, as we end 2014, we all need to comprehend as we move towards the 50th anniversary of the Great Society initiatives of President Lyndon Baines Johnson.

Smith articulates that which ails the black community -- the real discussion we should be having on race, not that of victimhood and the further expansion of the welfare nanny-state.

He begins by saying, "I am a public defender in a large southern metropolitan area. Fewer than ten percent of the people in the area I serve are black but over 90 per cent of my clients are black. The remaining ten percent are mainly Hispanics but there are a few whites."

"I have no explanation for why this is, but crime has racial patterns. Hispanics usually commit two kinds of crime: sexual assault on children and driving under the influence. Blacks commit many violent crimes but very few sex crimes. The handful of whites I see commit all kinds of crimes. In my many years as a public defender I have represented only three Asians, and one was half black."

He presents his observations based on his personal experience with black defendants, and his words will no doubt inflame many:

My experience has also taught me that blacks are different by almost any measure to all other people. They cannot reason as well. They cannot communicate as well. They cannot control their impulses as well. They are a threat to all who cross their paths, black and non-black alike.
It will take you only 5 minutes to read this article -- and I would bet you'll read it again. Then ask yourself, is this something you hear Al Sharpton addressing? Or President Obama, Eric Holder, Jeh Johnson or Jesse Jackson?

I'm quite sure the progressive socialist left will criticize me for sharing this article - that's just who they are - they hate the truth. But if there is a war to be fought, it is for the soul of the inner city and the black community. The facts and observations in this are not shocking to me. They are quite well known, but the manner in which the writer so eloquently presents them is quite commendable.

We cannot begin to "have a conversation about race" until we are willing to honestly address the facts.

As Smith says at the end, "I do know that it is wrong to deceive the public. Whatever solutions we seek should be based on the truth rather than what we would prefer was the truth."

The full article appears below.
Still liberal after all these years.

I am a public defender in a large southern metropolitan area. Fewer than ten percent of the people in the area I serve are black but over 90 per cent of my clients are black. The remaining ten percent are mainly Hispanics but there are a few whites.

I have explanation for why this is, but crime has racial patterns. Hispanics usually commit two kinds of crime: sexual assault on children and driving under the influence. Blacks commit many violent crimes but very few sex crimes. The handful of whites I see commit all kinds of crimes. In my many years as a public defender I have represented only three Asians, and one was half black.

As a young lawyer, I believed the official story that blacks are law abiding, intelligent, family-oriented people, but are so poor they must turn to crime to survive. Actual black behavior was a shock to me.

The media invariably sugarcoat black behavior. Even the news reports of the very crimes I dealt with in court were slanted. Television news intentionally leaves out unflattering facts about the accused, and sometimes omits names that are obviously black. All this rocked my liberal, tolerant beliefs, but it took me years to set aside my illusions and accept the reality of what I see every day. I have now served thousands of blacks and their families, protecting their rights and defending them in court. What follow are my observations.

Although blacks are only a small percentage of our community, the courthouse is filled with them: the halls and gallery benches are overflowing with black defendants, families, and crime victims. Most whites with business in court arrive quietly, dress appropriately, and keep their heads down. They get in and get out-if they can-as fast as they can. For blacks, the courthouse is like a carnival. They all seem to know each other: hundreds and hundreds each day, gossiping, laughing loudly, waving, and crowding the halls.

When I am appointed to represent a client I introduce myself and explain that I am his lawyer. I explain the court process and my role in it, and I ask the client some basic questions about himself. At this stage, I can tell with great accuracy how people will react. Hispanics are extremely polite and deferential. An Hispanic will never call me by my first name and will answer my questions directly and with appropriate respect for my position. Whites are similarly respectful.

A black man will never call me Mr. Smith; I am always "Mike." It is not unusual for a 19-year-old black to refer to me as "dog." A black may mumble complaints about everything I say, and roll his eyes when I politely interrupt so I can continue with my explanation. Also, everything I say to blacks must be at about the third-grade level. If I slip and use adult language, they get angry because they think I am flaunting my superiority.

At the early stages of a case, I explain the process to my clients. I often do not yet have the information in the police reports. Blacks are unable to understand that I do not yet have answers to all of their questions, but that I will by a certain date. They live in the here and the now and are unable to wait for anything. Usually, by the second meeting with the client I have most of the police reports and understand their case.

Unlike people of other races, blacks never see their lawyer as someone who is there to help them. I am a part of the system against which they are waging war. They often explode with anger at me and are quick to blame me for anything that goes wrong in their case.

Black men often try to trip me up and challenge my knowledge of the law or the facts of the case. I appreciate sincere questions about the elements of the offense or the sentencing guidelines, but blacks ask questions to test me. Unfortunately, they are almost always wrong in their reading, or understanding, of the law, and this can cause friction. I may repeatedly explain the law, and provide copies of the statute showing, for example, why my client must serve six years if convicted, but he continues to believe that a hand-written note from his "cellie" is controlling law.

The risks of trial
The Constitution allows a defendant to make three crucial decisions in his case. He decides whether to plea guilty or not guilty. He decides whether to have a bench trial or a jury trial. He decides whether he will testify or whether he will remain silent. A client who insists on testifying is almost always making a terrible mistake, but I cannot stop him.

Most blacks are unable to speak English well. They cannot conjugate verbs. They have a poor grasp of verb tenses. They have a limited vocabulary. They cannot speak without swearing. They often become hostile on the stand. Many, when they testify, show a complete lack of empathy and are unable to conceal a morality based on the satisfaction of immediate, base needs. This is a disaster, especially in a jury trial. Most jurors are white, and are appalled by the demeanor of uneducated, criminal blacks.

Prosecutors are delighted when a black defendant takes the stand. It is like shooting fish in a barrel. However, the defense usually gets to cross-examine the black victim, who is likely to make just as bad an impression on the stand as the defendant. This is an invaluable gift to the defense, because jurors may not convict a defendant--even if they think he is guilty--if they dislike the victim even more than they dislike the defendant.

Most criminal cases do not go to trial. Often the evidence against the accused is overwhelming, and the chances of conviction are high. The defendant is better off with a plea bargain: pleading guilty to a lesser charge and getting a lighter sentence.

The decision to plea to a lesser charge turns on the strength of the evidence. When blacks ask the ultimate question--"Will we win at trial?"--I tell them I cannot know, but I then describe the strengths and weaknesses of our case. The weaknesses are usually obvious: There are five eyewitnesses against you. Or, you made a confession to both the detective and your grandmother. They found you in possession of a pink cell phone with a case that has rhinestones spelling the name of the victim of the robbery. There is a video of the murderer wearing the same shirt you were wearing when you were arrested, which has the words "In Da Houz" on the back, not to mention you have the same "RIP Pookie 7/4/12" tattoo on your neck as the man in the video. Etc.

If you tell a black man that the evidence is very harmful to his case, he will blame you. "You ain't workin' fo' me." "It like you workin' with da State." Every public defender hears this. The more you try to explain the evidence to a black man, the angrier he gets. It is my firm belief many black are unable to discuss the evidence against them rationally because they cannot view things from the perspective of others. They simply cannot understand how the facts in the case will appear to a jury.

This inability to see things from someone else's perspective helps explain why there are so many black criminals. They do not understand the pain they are inflicting on others. One of my robbery clients is a good example. He and two co-defendants walked into a small store run by two young women. All three men were wearing masks. They drew handguns and ordered the women into a back room. One man beat a girl with his gun. The second man stood over the second girl while the third man emptied the cash register. All of this was on video.

My client was the one who beat the girl. When he asked me, "What are our chances at trial?" I said, "Not so good." He immediately got angry, raised his voice, and accused me of working with the prosecution. I asked him how he thought a jury would react to the video. "They don't care," he said. I told him the jury would probably feel deeply sympathetic towards these two women and would be angry at him because of how he treated them. I asked him whether he felt bad for the women he had beaten and terrorized. He told me what I suspected--what too many blacks say about the suffering of others: "What do I care? She ain't me. She ain't kin. Don't even know her."

No fathers
As a public defender, I have learned many things about people. One is that defendants do not have fathers. If a black even knows the name of his father, he knows of him only as a shadowy person with whom he has absolutely no ties. When a client is sentenced, I often beg for mercy on the grounds that the defendant did not have a father and never had a chance in life. I have often tracked down the man's father-in jail-and have brought him to the sentencing hearing to testify that he never knew his son and never lifted a finger to help him. Often, this is the first time my client has ever met his father. These meetings are utterly unemotional.

Many black defendants don't even have mothers who care about them. Many are raised by grandmothers after the state removes the children from an incompetent teenaged mother. Many of these mothers and grandmothers are mentally unstable, and are completely disconnected from the realities they face in court and in life. A 47-year-old grandmother will deny that her grandson has gang ties even though his forehead is tattooed with a gang sign or slogan. When I point this out in as kind and understanding way as I can, she screams at me. When black women start screaming, they invoke the name of Jesus and shout swear words in the same breath.

Black women have great faith in God, but they have a twisted understanding of His role. They do not pray for strength or courage. They pray for results: the satisfaction of immediate needs. One of my clients was a black woman who prayed in a circle with her accomplices for God's protection from the police before they would set out to commit a robbery.
The mothers and grandmothers pray in the hallways-not for justice, but for acquittal. When I explain that the evidence that their beloved child murdered the shop keeper is overwhelming, and that he should accept the very fair plea bargain I have negotiated, they will tell me that he is going to trial and will "ride with the Lord." They tell me they speak to God every day and He assures them that the young man will be acquitted.

The mothers and grandmothers do not seem to be able to imagine and understand the consequences of going to trial and losing. Some-and this is a shocking reality it took me a long time to grasp-don't really care what happens to the client, but want to make it look as though they care. This means pounding their chests in righteous indignation, and insisting on going to trial despite terrible evidence. They refuse to listen to the one person-me-who has the knowledge to make the best recommendation. These people soon lose interest in the case, and stop showing up after about the third or fourth court date. It is then easier for me to convince the client to act in his own best interests and accept a plea agreement.

Part of the problem is that underclass black women begin having babies at age 15. They continue to have babies, with different black men, until they have had five or six. These women do not go to school. They do not work. They are not ashamed to live on public money. They plan their entire lives around the expectation that they will always get free money and never have to work. I do not see this among whites, Hispanics, or any other people.

The black men who become my clients also do not work. They get social security disability payments for a mental defect or for a vague and invisible physical ailment. They do not pay for anything: not for housing (Grandma lives on welfare and he lives with her), not for food (Grandma and the baby-momma share with him), and not for child support. When I learn that my 19-year-old defendant does not work or go to school, I ask, "What do you do all day?" He smiles. "You know, just chill." These men live in a culture with no expectations, no demands, and no shame.

If you tell a black to dress properly for trial, and don't give specific instructions, he will arrive in wildly inappropriate clothes. I represented a woman who was on trial for drugs; she wore a baseball cap with a marijuana leaf embroidered on it. I represented a man who wore a shirt that read "rules are for suckers" to his probation hearing. Our office provides suits, shirts, ties, and dresses for clients to wear for jury trials. Often, it takes a whole team of lawyers to persuade a black to wear a shirt and tie instead of gang colors.

From time to time the media report that although blacks are 12 percent of the population they are 40 percent of the prison population. This is supposed to be an outrage that results from unfair treatment by the criminal justice system. What the media only hint at is another staggering reality: recidivism. Black men are arrested and convicted over and over. It is typical for a black man to have five felony convictions before the age of 30. This kind of record is rare among whites and Hispanics, and probably even rarer among Asians.

At one time our office was looking for a motto that defined our philosophy. Someone joked that it should be: "Doesn't everyone deserve an eleventh chance?"

I am a liberal. I believe that those of us who are able to produce abundance have a moral duty to provide basic food, shelter, and medical care for those who cannot care for themselves. I believe we have this duty even to those who can care for themselves but don't. This world view requires compassion and a willingness to act on it.

My experience has taught me that we live in a nation in which a jury is more likely to convict a black defendant who has committed a crime against a white. Even the dullest of blacks know this. There would be a lot more black-on-white crime if this were not the case.

However, my experience has also taught me that blacks are different by almost any measure to all other people. They cannot reason as well. They cannot communicate as well. They cannot control their impulses as well. They are a threat to all who cross their paths, black and non-black alike.

I do not know the solution to this problem. I do know that it is wrong to deceive the public. Whatever solutions we seek should be based on the truth rather than what we would prefer was the truth. As for myself, I will continue do my duty to protect the rights of all who need me.

Judge OKs Oklahoma's lethal injection protocol
The state's scheduled executions of four death row inmates early next year will proceed.

OKLAHOMA CITY (AP) -- Oklahoma's lethal injection protocols are constitutional and the state can proceed with the scheduled executions of four death row inmates early next year, a federal judge ruled on Monday.

U.S. District Judge Stephen Friot denied a request for a preliminary injunction that was requested by a group of 21 Oklahoma death row inmates who argued the use of the sedative midazolam as the first drug in a three-drug combination the state administers risks subjecting them to unconstitutionally cruel and unusual punishment.

The inmates sued after the April 29 execution of Clayton Lockett, who writhed on the gurney, mumbled and lifted his head during his 43-minute execution that the state tried to halt before it was over. Lockett's execution was the first in Oklahoma using midazolam, which also has been used in problematic executions in Ohio and Arizona.

Attorneys for the state maintained the problems with Lockett's execution were the result of an improperly set single intravenous line that wasn't properly monitored during his execution, causing the lethal drugs to be administered locally instead of directly into his blood. The protocols the state adopted after Lockett's execution call for a five-fold increase in the amount of midazolam used, which is the same amount of the drug used in 11 successful Florida executions.

The director of the state's prison system, Robert Patton, was one of several witnesses who testified during a three-day hearing last week and said he believes Florida's protocol is "humane."
But medical experts called by attorneys for the death row inmates testified that midazolam won't properly anesthetize a person and render them unconscious for the second drug, which causes them to suffocate, and a third which would cause a burning pain before stopping the heart.

The state has purchased new medical equipment, adopted new execution protocols and ordered more training, and prison officials say they're ready for the execution of Charles Frederick Warner on Jan. 15. Three other lethal injections have been scheduled through March 5.
Wishing all of you a Merry Christmas and a Happy New Year :-*

Most of you know why I have not been on here for a while.  I will repeat for those who do not know.  The Prosecutors in Cathy's trial asked that we not blog about her or the trial.  So we removed her thread to the Admin's section and it will be restored to you after the trial.   I don't know why they ask it of us, they keep us in the dark about what is going on with the case.  The only thing I do know is that the trial has not been set yet and they are not going to ask for the death penalty this time, only Life, which means time served and she can get out under the laws that were in place at the time she murdered our baby.

One of the reasons, I don't look in more often is because I will be tempted to talk about the case, so I have staying off the site, though I do miss you guys and gals terribly............However, I talk to a lot of you on Facebook now, so that is great for me.

Anyway...........I will try to come back and look in more often than every 6 months :o in the future.

Have a very Merry Christmas and a wonderful New Year in 2015!