Left Coast Voices

"I would hurl words into the darkness and wait for an echo. If an echo sounded, no matter how faintly, I would send other words to tell, to march, to fight." Richard Wright, American Hunger

Archive for the tag “President Bill Clinton”

When Leaders Become Human

On Friday I wrote about the decision by German Chancellor Angela Merkel and her government to rescind a recent decision to develop their nuclear power policy and instead to wean their country from such a dangerous source of energy. This U-turn was made in the wake of Japan’s crippling nuclear crises following the earthquake and subsequent tsunami.

Angela Merkel, Chancellor of Germany

My blog post soon went on to talk about the issue of nuclear power, but lost in there was the recognition of a leader who, upon seeing factors that would change her decision, decided to come out and admit that her previous decision was wrong.

I want to applaud such action and suggest that, far from suggesting that this illustrates weakness, such a leader shows credibility and a clear desire to put the welfare of her country above all.

My wife tells of how she hardly knew anything of President Clinton prior to his election victory (she was living overseas). She watched a press conference on his first day. When asked about a specific issue of foreign policy, he turned to the reporter and admitted that he didn’t know enough on the issue to discuss it. He promised to prep and have an answer ready.

You don't need to know everything if you can play the sax!

The right-wing press enjoyed using this to suggest that he wasn’t prepared to be President. My wife, on the other hand, tells how she was impressed by his honesty.

A leader doesn’t have to get it right all the time. S/he should be able to assess  new factors and change direction just as a ship’s captain changes his route when the weather conditions dictate. Most impressive is that extra ounce of courage needed to admit it to the public and expose yourself to the media sharks.

A tip of the hat to you, Chancellor Merkel.

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Alon Shalev is the author of The Accidental Activist (now available on Kindle) and A Gardener’s Tale. He is the Executive Director of the San Francisco Hillel Foundation, a non-profit that provides spiritual and social justice opportunities to Jewish students in the Bay Area. More on Alon Shalev at http://www.alonshalev.com/and on Twitter (#alonshalevsf).

When Fiction and Reality Blur

I just finished John Grisham’s latest novel, The Confession – always a pleasure Mr. Grisham. The plot deals with a man wrongly accused as the police and courts conspire to put him away. As Grisham works his art, I find myself thinking about the characters even when I am not listening to the audio book.


So you can imagine my surprise to read this headline on the New York Times daily digest: “Framed for Murder?” What? Then the next line: Californians may be about to execute the wrong man.

No,no,you’re wrong. It’s Texas. John Grisham said so!

But it is not out in Texas. It is here in our backyard. This is a great account of the case by NICHOLAS D. KRISTOF and was published 12/08/2010.

Framed For Murder

That’s the view of five federal judges in a case involving Kevin Cooper, a black man in California who faces lethal injection next year for supposedly murdering a white family. The judges argue compellingly that he was framed by police.

Mr. Cooper’s impending execution is so outrageous that it has produced a mutiny among these federal circuit court judges, distinguished jurists just one notch below the United States Supreme Court. But the judicial process has run out for Mr. Cooper. Now it’s up to Gov. Arnold Schwarzenegger to decide whether to commute Mr. Cooper’s sentence before leaving office.

Kevin Cooper

This case, an illuminating window into the pitfalls of capital punishment, dates to a horrific quadruple-murder in June 1983. Doug and Peggy Ryen were stabbed to death in their house, along with their 10-year-old daughter and an 11-year-old houseguest. The Ryens’ 8-year-old son, Josh, was left for dead but survived. They were all white.

Josh initially told investigators that the crime had been committed by three people, all white, although by the trial he suggested that he had seen just one person with an Afro. The first version made sense because the weapons included a hatchet, an ice pick and one or two knives. Could one intruder juggling several weapons overpower five victims, including a 200-pound former Marine like Doug Ryen, who also had a loaded rifle nearby?

But the police learned that Mr. Cooper had walked away from the minimum security prison where he was serving a burglary sentence and had hidden in an empty home 125 yards away from the crime scene. The police decided that he had committed the crime alone.

William A. Fletcher, a federal circuit judge, explained his view of what happens in such cases in a law school lecture at Gonzaga University, in which he added that Mr. Cooper is “probably” innocent: “The police are under heavy pressure to solve a high-profile crime. They know, or think they know, who did the crime. And they plant evidence to help their case along.”

Judge Fletcher wrote an extraordinary judicial opinion — more than 100 pages when it was released — dissenting from the refusal of the United States Court of Appeals for the Ninth Circuit to rehear the case. The opinion is a 21st-century version of Émile Zola’s famous “J’Accuse.”

Mr. Fletcher, a well-respected judge and former law professor, was joined in his “J’Accuse” by four other circuit judges. Six more wrote their own dissents calling for the full Ninth Circuit to rehear the case. But they fell just short of the votes needed for rehearing.

Judge Fletcher laid out countless anomalies in the case. Mr. Cooper’s blood showed up on a beige T-shirt apparently left by a murderer near the scene, but that blood turned out to have a preservative in it — the kind of preservative used by police when they keep blood in test tubes.

Then a forensic scientist found that a sample from the test tube of Mr. Cooper’s blood held by police actually contained blood from more than one person. That leads Mr. Cooper’s defense team and Judge Fletcher to believe that someone removed blood and then filled the tube back to the top with someone else’s blood.

The police also ignored other suspects. A woman and her sister told police that a housemate, a convicted murderer who had completed his sentence, had shown up with several other people late on the night of the murders, wearing blood-spattered overalls and driving a station wagon similar to the one stolen from the murdered family.

They said that the man was no longer wearing the beige T-shirt he had on earlier in the evening — the same kind as the one found near the scene. And his hatchet, which resembled the one found near the bodies, was missing from his tool area. The account was supported by a prison confession and by witnesses who said they saw a similar group in blood-spattered clothes in a nearby bar that night. The women gave the bloody overalls to the police for testing, but the police, by now focused on Mr. Cooper, threw the overalls in the trash.

This case is a travesty. It underscores the central pitfall of capital punishment: no system is fail-safe. How can we be about to execute a man when even some of America’s leading judges believe he has been framed?

Lanny Davis, who was the White House counsel for President Bill Clinton, is representing Mr. Cooper pro bono. He laments: “The media and the bar have gone deaf and silent on Kevin Cooper. My simple theory: heinous brutal murder of white family and black convict. Simple as that.”

That’s a disgrace that threatens not only the life of one man, but the honor of our judicial system.

Governor Schwarzenegger, are you listening?
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Alon Shalev is the author of The Accidental Activist (now available on Kindle) and A Gardener’s Tale. He is the Executive Director of the San Francisco Hillel Foundation, a non-profit that provides spiritual and social justice opportunities to Jewish students in the Bay Area. More on Alon Shalev at www.alonshalev.com

 

 

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