Justice delayed is justice denied. That is a thought which most Americans support. But usually, we think in terms of a criminal defendant or an aggrieved civil litigant when citing that dictum. On far too many occasions, the justice is denied to the victims of a violent crime and the people of the state in which the crime occurred. So it is with a pair of unrelated prosecutions--one in California, the other in Pennsylvania.

In California, the system-gamer is one Michael Morales. In 1981, Morales was convicted of murdering seventeen year old Terri Winchell. It was a particularly brutal and vile murder. Morales bludgeoned, knifed, strangled, raped, then finally snuffed out the life of a young woman. The evidence was clear. The conviction was quick and firm. The case was appealed on procedural grounds twice through 2005. Each time, after considerable legal maneuvering, rescheduling and unnecessarily lengthy deliberation, the appeals were denied at both the state and federal levels.

After twenty-four years of delay, none of which involved a scintilla of argument that Morales was innocent, a date was set for execution of the death sentence he had so richly earned. Not so fast, said Federal Judge Jeremy Fogel. With the needle of justice in preparation for insertion into Morales's worthless hide, a last-ditch appeal was filed in 2006. The latest fad among opponents of the death penalty was to challenge the ultimate penalty as "cruel and unusual" because it is "so painful." Nobody really believes that. But liberal federal judges are able to suspend disbelief with alacrity. Fogel found that there was (get this) less than a .001 percent chance that Morales might feel some pain as he shuffled off this mortal coil. But that was enough for Fogel to order a stay of execution.

Anyone who has had major surgery and undergone general anesthesia can tell you that the doctors could have cut them in half and sewed them back together backwards, and they wouldn't have felt a thing. The same type of general anesthesia is the first injection which a condemned prisoner is given. For the patient, any possible pain would be felt after coming out of the anesthesia. In Morales's case, there was no intention that he wake up. That's why it's called the death penalty.

God forbid that the man who tortured and raped his victim before killing her should feel the slightest bit of ephemeral pain before expiring. Yes, I know, we're supposed to be "better than the violent criminal." But for crying out loud, .001 percent chance that he might, possibly, maybe feel something for a brief and fleeting moment?

Problem solved in 2008 (or is it?). Taking up the identical issue from a Kentucky case, the U.S. Supreme Court upheld the state's three-drug execution protocol. Lest there be any doubt, in 2009 the ultraliberal Ninth Circuit Court of Appeals (which includes California) upheld the protocol of the state of Arizona, which is identical to that of Kentucky's. So let's get on with the California execution, right? California's protocol has been scientifically proven to be as effective or more effective than that of Kentucky's or Arizona's. Nevertheless, the case will now be heard no earlier than September of this year. Thirty years of delayed justice and counting.

A new and different federal judge has gotten into the case. He wants to review the new, improved California protocols which are designed to be even more humane than the previous protocol. Of that, the Criminal Justice Legal Foundation says: "California's execution protocol is equal to or better than those already approved by the Supreme Court and the Ninth Circuit. There is no legitimate bases for further delay. If the judges wanted these cases to go forward, they would go forward."

About the caption photo: The case in Pennsylvania is so horrific that it has taken me some time to compose myself before writing about it. You may remember my having written previously about the case of Mumia Abu-Jamal (real name, Wesley Cook). Coincidentally, Abu-Jamal also commited his heinous murder in 1981. He was on the street watching as his brother was pulled over for a traffic violation. Waiting for the police officer to write a ticket while facing away from him, this son-of-a-b***h pulled out a concealed gun and shot the officer nearly point blank in the back, execution style. The officer managed to turn and return fire and shoot Abu-Jamal four times before dying. There were multiple witnesses. His own brother (William Cook) refused to testify for or against his brother.

Investigators found Abu-Jamal and his .38 in different locations, but matched the gun and bullets to the round pumped into Officer Daniel Faulkner, and established his ownership of the weapon. Eyewitnesses and later two hospital workers where Abu-Jamal was treated for the bullet wounds matched to Officer Faulkner's gun testified tht Abu-Jamal kept repeating "I shot the motherf****r, and I hope the motherf****r dies."

His guilt and the police/prosecution actions have been upheld on multiple occasions on appeal, only to have a new round of appeals start up, time and again. The last round, thirty years after conviction and sentencing, was aimed at the death penalty itself. By now even his cheering-section had given up on claiming he is entirely innocent, and instead claim he is the victim of a racist society which caused him to shoot the police officer.

Abu-Jamal was just too perfect a model of what limousine liberals, armchair revolutionaries and Hollywood perverts love to hold up as role models for the people. They just couldn't help loving that man of theirs. So he got plenty of legal and financial support to move his frivolous appeals along. He is a self-proclaimed Marxist, revolutionary, and former Black Panther defender of the poor and downtrodden black folks.

College students wear "Free Mumia" tee-shirts almost as often as they wear the one with their other murdering icon, Che Guevara. Among his better-known megafans are Hollywood folks like Danny Glover, Mike Ferrell, Sean Penn and Johnny Depp. That is not even close to being an exhaustive list. Of course the ACLU, the NAACP, and the Socialist Workers of America also yearn for the sight of the dreadlocked murderer outside a prison.

But here's why it took me awhile to calm down enough to write this article. Awhile back, after years on death row (often within days of execution), the appeals process had finally worn down the prosecution and the family of the slain police officer. The prosecution, along with the bereft widow and children, finally announced that they would no longer pursue the death penalty for Abu-Jamal. They just couldn't go through another decades-long appellate process that would affirm the death penalty he has dodged on appeal three times before.

In the Morales case, justice has been denied by delay. In the Abu-Jamal case it has been denied permanently. While this is truly an example of the legal dictum, there is one additional point that turns my stomach. American society has a large, depraved, and amoral segment that has no shame whatsoever. As soon as the prosecution announced its decision not to proceed with the death penalty, the murder fans cheered wildly and prepared for their next move. Not satisfied with having spared this scum's life, they are planning a rally and fundraisers to keep the process going until this lowlife walks out of prison a free man.

Their rallying cry has always been "Free Mumia." But they tie that to claiming a black man was convicted solely because of racism. Abu-Jamal himself hates mightily, and blames all of society's ills on racism. But here's the important part that makes this whole carnival freakshow so disgusting. Abu-Jamal's sentence was reversed multiple times, but always on procedure or the death penalty, never on guilt or innocence. Racism was involved, all right. It was nothing short of a racist execution of a white cop, a fact which Abu-Jamal himself has never denied in court. He has never said he was innocent, but has maintained all along that "they never proved it."

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Justice delayed is justice denied. That is a thought which most Americans support. But usually, we think in terms of a criminal defendant or an aggrieved civil litigant when citing that dictum. On far too many occasions, the justice is denied to the victims of a violent crime and the people of the state in which the crime occurred. So it is with a pair of unrelated prosecutions--one in California, the other in Pennsylvania.

In California, the system-gamer is one Michael Morales. In 1981, Morales was convicted of murdering seventeen year old Terri Winchell. It was a particularly brutal and vile murder. Morales bludgeoned, knifed, strangled, raped, then finally snuffed out the life of a young woman. The evidence was clear. The conviction was quick and firm. The case was appealed on procedural grounds twice through 2005. Each time, after considerable legal maneuvering, rescheduling and unnecessarily lengthy deliberation, the appeals were denied at both the state and federal levels.

After twenty-four years of delay, none of which involved a scintilla of argument that Morales was innocent, a date was set for execution of the death sentence he had so richly earned. Not so fast, said Federal Judge Jeremy Fogel. With the needle of justice in preparation for insertion into Morales's worthless hide, a last-ditch appeal was filed in 2006. The latest fad among opponents of the death penalty was to challenge the ultimate penalty as "cruel and unusual" because it is "so painful." Nobody really believes that. But liberal federal judges are able to suspend disbelief with alacrity. Fogel found that there was (get this) less than a .001 percent chance that Morales might feel some pain as he shuffled off this mortal coil. But that was enough for Fogel to order a stay of execution.

Anyone who has had major surgery and undergone general anesthesia can tell you that the doctors could have cut them in half and sewed them back together backwards, and they wouldn't have felt a thing. The same type of general anesthesia is the first injection which a condemned prisoner is given. For the patient, any possible pain would be felt after coming out of the anesthesia. In Morales's case, there was no intention that he wake up. That's why it's called the death penalty.

God forbid that the man who tortured and raped his victim before killing her should feel the slightest bit of ephemeral pain before expiring. Yes, I know, we're supposed to be "better than the violent criminal." But for crying out loud, .001 percent chance that he might, possibly, maybe feel something for a brief and fleeting moment?

Problem solved in 2008 (or is it?). Taking up the identical issue from a Kentucky case, the U.S. Supreme Court upheld the state's three-drug execution protocol. Lest there be any doubt, in 2009 the ultraliberal Ninth Circuit Court of Appeals (which includes California) upheld the protocol of the state of Arizona, which is identical to that of Kentucky's. So let's get on with the California execution, right? California's protocol has been scientifically proven to be as effective or more effective than that of Kentucky's or Arizona's. Nevertheless, the case will now be heard no earlier than September of this year. Thirty years of delayed justice and counting.

A new and different federal judge has gotten into the case. He wants to review the new, improved California protocols which are designed to be even more humane than the previous protocol. Of that, the Criminal Justice Legal Foundation says: "California's execution protocol is equal to or better than those already approved by the Supreme Court and the Ninth Circuit. There is no legitimate bases for further delay. If the judges wanted these cases to go forward, they would go forward."

About the caption photo: The case in Pennsylvania is so horrific that it has taken me some time to compose myself before writing about it. You may remember my having written previously about the case of Mumia Abu-Jamal (real name, Wesley Cook). Coincidentally, Abu-Jamal also commited his heinous murder in 1981. He was on the street watching as his brother was pulled over for a traffic violation. Waiting for the police officer to write a ticket while facing away from him, this son-of-a-b***h pulled out a concealed gun and shot the officer nearly point blank in the back, execution style. The officer managed to turn and return fire and shoot Abu-Jamal four times before dying. There were multiple witnesses. His own brother (William Cook) refused to testify for or against his brother.

Investigators found Abu-Jamal and his .38 in different locations, but matched the gun and bullets to the round pumped into Officer Daniel Faulkner, and established his ownership of the weapon. Eyewitnesses and later two hospital workers where Abu-Jamal was treated for the bullet wounds matched to Officer Faulkner's gun testified tht Abu-Jamal kept repeating "I shot the motherf****r, and I hope the motherf****r dies."

His guilt and the police/prosecution actions have been upheld on multiple occasions on appeal, only to have a new round of appeals start up, time and again. The last round, thirty years after conviction and sentencing, was aimed at the death penalty itself. By now even his cheering-section had given up on claiming he is entirely innocent, and instead claim he is the victim of a racist society which caused him to shoot the police officer.

Abu-Jamal was just too perfect a model of what limousine liberals, armchair revolutionaries and Hollywood perverts love to hold up as role models for the people. They just couldn't help loving that man of theirs. So he got plenty of legal and financial support to move his frivolous appeals along. He is a self-proclaimed Marxist, revolutionary, and former Black Panther defender of the poor and downtrodden black folks.

College students wear "Free Mumia" tee-shirts almost as often as they wear the one with their other murdering icon, Che Guevara. Among his better-known megafans are Hollywood folks like Danny Glover, Mike Ferrell, Sean Penn and Johnny Depp. That is not even close to being an exhaustive list. Of course the ACLU, the NAACP, and the Socialist Workers of America also yearn for the sight of the dreadlocked murderer outside a prison.

But here's why it took me awhile to calm down enough to write this article. Awhile back, after years on death row (often within days of execution), the appeals process had finally worn down the prosecution and the family of the slain police officer. The prosecution, along with the bereft widow and children, finally announced that they would no longer pursue the death penalty for Abu-Jamal. They just couldn't go through another decades-long appellate process that would affirm the death penalty he has dodged on appeal three times before.

In the Morales case, justice has been denied by delay. In the Abu-Jamal case it has been denied permanently. While this is truly an example of the legal dictum, there is one additional point that turns my stomach. American society has a large, depraved, and amoral segment that has no shame whatsoever. As soon as the prosecution announced its decision not to proceed with the death penalty, the murder fans cheered wildly and prepared for their next move. Not satisfied with having spared this scum's life, they are planning a rally and fundraisers to keep the process going until this lowlife walks out of prison a free man.

Their rallying cry has always been "Free Mumia." But they tie that to claiming a black man was convicted solely because of racism. Abu-Jamal himself hates mightily, and blames all of society's ills on racism. But here's the important part that makes this whole carnival freakshow so disgusting. Abu-Jamal's sentence was reversed multiple times, but always on procedure or the death penalty, never on guilt or innocence. Racism was involved, all right. It was nothing short of a racist execution of a white cop, a fact which Abu-Jamal himself has never denied in court. He has never said he was innocent, but has maintained all along that "they never proved it."

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