| http://www.pagehalffull.com/humanyms/?p=3024 If success does have a smell, it’s pine, isn’t it? If you got errors leaving comments, that shouldn’t happen anymore. The plugin for subscribing to comments is working now. (Thanks be to Hub!) I have been reading, or out, much of the time, it seems, yet it feels like I’m always home as well. I think I’ve [...] | |
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| http://reason.com/blog/2009/11/23/mississippi-drug-war-blues-the
Earlier today, Radley Balko
wrote about the latest developments in the case of Cory Maye,
a man unjustly accused of murder in a drug war case redolent with
racial issues. Balko has been tracking this case for years and
his journalism was instrumental in getting Maye off Death Row in
Mississippi and getting him a new trial.
In May 2008, Reason.tv released a documentary on the case.
Produced by Paul Feine with Roger Richards as director of
photography and Drew Carey as host, Mississippi Drug War Blues
garnered a prize at the Tupelo Film Festival. Watch it below and
go
here for downloadable versions of this troubling take on
American justice.
In 2008, Balko talked about his experience in investigating the
Maye case with Reason.tv. Watch
that interview here.


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| http://reason.com/blog/2009/11/23/mississippi-drug-war-blues-the
Earlier today, Radley Balko
wrote about the latest developments in the case of Cory Maye,
a man unjustly accused of murder in a drug war case redolent with
racial issues. Balko has been tracking this case for years and
his journalism was instrumental in getting Maye off Death Row in
Mississippi and getting him a new trial.
In May 2008, Reason.tv released a documentary on the case.
Produced by Paul Feine with Roger Richards as director of
photography and Drew Carey as host, Mississippi Drug War Blues
garnered a prize at the Tupelo Film Festival. Watch it below and
go
here for downloadable versions of this troubling take on
American justice.


| |
|
| ...easy does it, easy does it... | |
|
| http://reason.com/blog/2009/11/23/health-care-reform-in-massachu
Health care reform advocates
have taken, in recent weeks, to noting that insurance premiums on
the individual market in Massachusetts—the state where a variant
on proposed national reforms is already in place—have fallen in
recent years. And if you look at data provided by America's Health Insurance
Plans taken immediately before the 2007 reforms were enacted, the
average premium for an individual plan cost $8,537. Now,
according an AHIP report released last month, that price has
dropped to $5,143.
But upon closer examination, this isn't quite the point in favor
of reform that its advocates seem to think. Here's why: In 1996,
Massachusetts passed an earlier set of reforms—community rating
and guaranteed issue—that required insurers to take all comers,
and to sell plans to individuals at the same price, regardless of
their individual health status.
For pretty obvious reasons, those sorts of reforms drive up
premium prices tremendously. In New York, for example, similar
reforms have driven up individual insurance premiums enough that
the Manhattan
Institute estimates that premium prices would drop 42 percent
if they were repealed. And going back to AHIP's reports, sure
enough, New York and Massachusetts are the states with the two
most expensive individual market premiums.
So what the 2007 reforms in Massachusetts did was to bring more
people into a very expensive pool, adding about 45,000 people to the individual
market. That brought the prices down from their initial inflated
position, but, it should be noted, they're still the second
highest in the nation.
More to the point, given that the individual markets in most of
the country are not already regulated by community rating and
guaranteed issue provisions, this effect is unlikely to show up
across the country. And if enough people choose to pay the
penalty and opt out of coverage, it's possible that the effects
of reform could actually lead to
both premium increases and decreased coverage.
Either way, I suspect that, as in Massachusetts, under reform
legislation, the overall average price for premiums will rise
significantly and overall levels of
health care spending will grow to be even more of a problem
than they are now. Indeed, many reform advocates have more
or less explicitly admitted this,
touting the "buy now, pay later" strategy in which we guarantee
coverage now and worry about costs down the road once everyone is
locked into the system.


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| http://reason.com/blog/2009/11/23/college-for-the-middle-class-h
'Tis the season of middle class
entitlements, and the Room for Debate blog over at the
New York Times site has a good forum up about everyone's
favorite entitlement—higher education!
One great
contribution, from engineer Alfonso Trujillo:
Subsidizing top-tier universities in the hope of getting more
underprivileged students to attend is tantamount to subsidizing
top-tier department stores in the hope that some
underprivileged consumers will be clothed. In the end, both
results are predictable: higher prices, higher status for those
who purchase the product, and an inefficient method of helping
the poor.
(Wanting to know more about Trujillo, I Googled him and found
this: The BBC seems to have used him as a "hombre on the street"
in a forum about
Latino voters in 2004. Five years later, Trujilo has become a
person who "writes often on education issues" and blogs,
fittingly enough, as Hispanic Pundit. Nice work
dude.)
We, too, expressed a certain amount of skepticism about the
current system at Reason.tv this summer:


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| http://reason.com/archives/2009/11/23/mens-rights
Earlier this month DoubleX, Slate's short-lived female-oriented
publication (launched six months ago and about to be folded back
into the parent site as a women's section), ran an article
ringing the alarm about the dire threat posed by the power of the
men's rights movement. But the article, written by New York-based
freelance writer Kathryn Joyce and titled "Men's
Rights' Groups Have Become Frighteningly Effective," says
more about the state of feminism—and journalistic bias—than it
does about men's groups.
Joyce's indictment is directed at a loose network of activists
seeking to raise awareness and change policy on such issues as
false accusations of domestic violence, the plight of divorced
fathers denied access to children, and domestic abuse of men. In
her view, groups such as RADAR (Respecting Accuracy in Domestic
Abuse Reporting) and individuals like columnist and radio talk
show host Glenn Sacks are merely "respectable" and "savvy" faces
for what is actually an anti-female backlash from "angry white
men."
As proof of this underlying misogyny, Joyce asserts that men who
commit "acts of violence perceived to be in opposition to a
feminist status quo" are routinely lionized in the men's
movement. This claim is purportedly backed up with a reference
that, in fact, does not in any way support it: an
article in Foreign Policy about the decline of male
dominance around the globe. Joyce's one specific example is that
the diary of George Sodini, a Pittsburgh man who opened fire on
women in a gym in retaliation for feeling rejected by women, was
reposted online by the blogger "Angry Harry" as a wake-up call to
the Western world that "it cannot continue to treat men so
appallingly and get away with it." But does this have anything to
do with more mainstream men's rights groups? The original version
of the article claimed that Sacks, who called "Harry" an "idiot"
in his interview with Joyce, nonetheless "cautiously defends" the
blogger; DoubleX later ran a correction on this point.
Sacks himself admits to Joyce that the men's movement has a
"not-insubstantial lunatic fringe." Yet in her eyes, even the
mainstream men's groups are promoting a dangerous agenda, above
all infiltrating mainstream opinion with the view that reports of
domestic violence are exaggerated and that a lot of spousal abuse
is female-perpetrated. The latter claim, Joyce asserts, comes
from "a small group of social scientists" led by "sociologist
Murray Straus of the University of New Hampshire, who has written
extensively on female violence." (In fact, Straus, founder of the
renowned Family Research Laboratory at the University of New
Hampshire, is a pre-eminent scholar on family violence in general
and was the first to conduct national surveys on the prevalence
of wife-beating.)
Joyce repeats common critiques of Straus' research: For instance,
he equates "a woman pushing a man in self-defense to a man
pushing a woman down the stairs" or "a single act of female
violence with years of male abuse." Yet these charges have been
long refuted: Straus' studies measure the frequency of violence
and specifically inquire about which partner initiated the
physical violence. Furthermore, Joyce fails to mention that
virtually all social scientists studying domestic
violence, including self-identified feminists such as University
of Pittsburgh psychologist Irene Frieze, find high rates of
mutual aggression.
Reviews of hundreds of existing studies, such as one conducted by
University of Central Lancashire psychologist John Archer in a
2000 article in Psychological Bulletin, have found that
at least in Western countries, women are as likely to initiate
partner violence as men. While the consequences to women are more
severe—they are twice as likely to report injuries and about
three times more likely to fear an abusive spouse—these findings
also show that men hardly escape unscathed. Joyce claims that
"Straus' research is starting to move public opinion," but in
fact, some of the strongest recent challenges to the conventional
feminist view of domestic violence—as almost invariably involving
female victims and male batterers—come from female scholars like
New York University psychologist Linda Mills.
Contrary to Joyce's claims, these challenges, so far, have made
very limited inroads into public opinion. One of her examples of
the scary power of men's rights groups is that "a Los Angeles
conference this July dedicated to discussing male victims of
domestic violence, 'From Ideology to Inclusion 2009: New
Directions in Domestic Violence Research and Intervention,'
received positive mainstream press for its 'inclusive' efforts.'"
In fact, the conference—which featured leading researchers on
domestic violence from several countries, half of them women, and
focused on much more than just male victims—received virtually
no mainstream press coverage. One of the very few
exceptions was a
column I wrote for The Boston Globe, also reprinted
in the Pittsburgh Post-Gazette.
Whatever minor successes men's groups may have achieved, the
reality is that public policy on domestic violence in the U.S. is
heavily dominated by feminist advocacy groups. For the most part,
these groups embrace a rigid orthodoxy that treats domestic
violence as male terrorism against women, rooted in patriarchal
power and intended to enforce it. They also have a record of
making grotesquely exaggerated, thoroughly debunked claims about
an epidemic of violence against women—for instance, that
battering causes more hospital visits by women every year than
car accidents, muggings, and cancer combined.
These advocacy groups practically designed the Violence Against
Women Act of 1994, and they dominate the state coalitions against
domestic violence to which local domestic violence programs must
belong in order to qualify for federal funds. As a result of the
advocates' influence, federal assistance is denied to programs
that offer joint counseling to couples in which there is domestic
violence, and court-mandated treatment for violent men downplays
drug and alcohol abuse (since it's all about the patriarchy).
Against the backdrop of this enforced party line, Joyce is
alarmed by the smallest signs that men's rights groups may be
gaining even a modest voice in framing domestic violence policy.
She points out that in a few states, men's rights activists have
succeeded in "criminalizing false claims of domestic violence in
custody cases" (this is apparently meant to be a bad thing) and
"winning rulings that women-only shelters are discriminatory" (in
fact, the California Court of Appeals ruled last year that
state-funded domestic violence programs that refuse to provide
service to abused men violate constitutional guarantees of equal
protection, but also emphasized that the services need not be
identical and coed shelters are not required).
To bolster her case, Joyce consistently quotes advocates—or
scholars explicitly allied with the advocacy movement, such as
Edward Gondolf of the Mid-Atlantic Addiction Research and
Training Institute—to discredit the claims of the men's movement.
She also repeats uncorroborated allegations that many leaders of
the movement are themselves abusers, but offers only one specific
example: eccentric British activist Jason Hatch, who once scaled
Buckingham Palace in a Batman costume to protest injustices
against fathers, and who was taken to court for allegedly
threatening one of his ex-wives during a custody dispute.
The article is laced with the presumption that, with regard to
both general data and individual cases, any charge of domestic
violence made by a woman against a man must be true.
One case Joyce uses to illustrate her thesis is that of Genia
Shockome, who claimed to have been severely battered by her
ex-husband Tim and lost custody of her two children after being
accused of intentionally alienating them from their father. Yet
Joyce never mentions that Shockome's claims of violent abuse were
unsupported by any evidence, that she herself did not mention any
abuse in her initial divorce complaint, or that three custody
evaluators—including a feminist psychologist who had worked with
the Battered Women's Justice Center at Pace University—sided with
the father.
More than a quarter-century ago, British feminist philosopher
Janet Radcliffe Richards wrote, "No feminist whose concern for
women stems from a concern for justice in general can ever
legitimately allow her only interest to be the advantage of
women." Joyce's article is a stark example of feminism as
exclusive concern with women and their perceived advantage,
rather than justice or truth.
Cathy Young is a contributing editor at Reason
magazine and a columnist for RealClearPolitics.com. She is
the author of Ceasefire: Why Women and Men Must Join Forces
to Achieve True Equality. This article
originally appeared at Forbes.


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| http://reason.com/blog/2009/11/23/being-a-dd-player-has-made-me
The title quote comes from
online sex-mag Nerve, in a feature titled "Sex Advice from Dungeons
& Dragons Players." Also in the piece: Advice on the
advantages and disadvantages of dating your fellow gamers:
My Game Master and best friend recently divorced — killing
three long-term games in the process. On the other hand, dating
your dice-mates guarantees that when you joke about the
enhancement bonus of your morning coffee, you won’t just get a
blank look. Plus, they’ll understand why you can’t go out on
Friday night — your party needs you!
I'd snark, but given Megan and I frequently make CBO jokes when
drawing up wedding budgets, it's probably best I refrain.


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| http://reason.com/blog/2009/11/23/another-broken-myth-foreclosur
Remember when real estate foreclosures
were decimating
neighborhoods in Cleveland,
eroding neighborhoods in Boston,
creating ghost towns in Chicago?
No? Then maybe you remember the foreclosure-driven crime wave
that hit
Washington D.C.; Atlanta, Georgia; and
Charlotte, North Carolina; prompting New York State ACORN
President Pat Boone to
explain, "It is common sense that foreclosure and crime go
together."
Still drawing a blank? Then surely you recall how 2008 Democratic
presidential candidates Barack Obama and Hillary Clinton both
proposed a $30 billion fund to
combat crime and blight in high-foreclosure areas. Republican
candidate John McCain considered rising foreclosure rates so
hazardous to civil order that he
proposed having the Treasury Department buy up all the bad
home loans in America.
Sen. Chris Dodd (D-Massachusetts
Connecticut) spelled out
the connection between foreclosure and crime with admirable
specificity last year:
It isn't just the foreclosed property that causes the problem.
There's the next door neighbor, the community that also
suffers. For every one foreclosure in a square block,
one-eighth square mile, there is a decline in value almost
immediately of 1 percent of every other home in that square
block. There's an increase of crime of 2 percent almost
immediately in that area.
You don't recall any of this because none of it happened. If the
foreclosure-driven crime trends that journalists and politicians
have been predicting since 2006 had actually come to pass, our
streets would by now be impassible wastelands where Toecutter and
Bubba
Zanetti prey upon the citizens with impunity.
Yet crime statistics continue
to head downward throughout the country -- even or especially in
those areas marked out as foreclosure clusters.
Camden, New Jersey, supposedly America's most crime-ridden
city, has seen a 14 percent crime reduction in 2009.
Prince William County, Virginia, which has the highest rate of
foreclosures in Old Dominion, nevertheless saw its violent crime
rate
fall by 36.8 percent between 2008 and 2009.
Foreclosure-plagued Oakland,
California has seen a 3 percent annual drop.
Still, the perception that foreclosures are linked to the
deterioration of law-abiding areas is not necessarily susceptible
to statistics. Many intelligent people say they have a sense that
crime is getting worse as more residences end up unoccupied.
Again, my own experience contradicts this: I live in a
not-so-nice part of Los Angeles County and spend plenty of
time in
less-nice areas (in California nothing ever goes below nice),
yet I am absolutely certain I hear less gunfire and fewer police
helicopters this year than I did in 2006.
So I try to keep up on an area-by-area basis with the great
sub-prime crime wave. Today I spoke with Lance Eber, the
statistics guy for the Merced, California police department.
Merced is famously known as California's "ground
zero" for foreclosures. If any place were to experience an
increase in crime, this should be it. According to Eber, on a
year-to-date basis, 2009 violent crime (including homicide, rape,
robbery, assault, burglary and larceny) is 14 percent below its
2008 level. What about victimless offenses that you might expect
to see goosed by the presence of unoccupied buildings, such as
prostitution, drug use, and vagrancy? "Those are continuing
problems," says Eber, "but we have not seen any increases in
those."
Am I missing something? If you click on the Charlotte link above
you'll see that with a sufficient amount of gnat-straining and
to-be-sure-ing you can create the impression of a
foreclosure-driven crime increase even with the statistics
against you. Could I just be misreading the
crime numbers from nationwide-foreclosure-leading
Florida, for example? If anybody has evidence of a
foreclosure/crime correlation in the current recession, I'm eager
to see it.
Because in a way, I agree with the ACORN president. It does seem
to be common sense that high foreclosures would lead to an
increase in crime. It's just that there is no evidence to back up
the common sense.


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|  I honestly can't remember the movies I sent out to him...I know I sent the first...five or six seasons of Penn and Teller's Bullshit! But beyond that I can't remember what his requests were. Oh! No! There was the Pirates of the Caribbean movies and Fargo. Fear and Loathing in Las Vegas. That's at least five. Why couldn't I think of those when I made the comic? Ah well. But yeah, I sent out movies I liked. Most of them had Seth Rogen in them. (This is all in reference to this comic, in case you don't remember.) Part of me was thinking I should say "hey, can you guess the movies based on the drawings in the bottom panel?" But I kinda gave it away between panel two and three. Ah well. | |
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| http://reason.com/blog/2009/11/23/ron-hart-on-palin-oprah-and-hi
Columnist Ron Hart on Sarah Palin and Oprah Winfrey:
Contrary to what many think, Oprah and Sarah have something in
common: they both helped Barack Obama get elected. But when
Gov. Palin was asked if she would be campaigning to become the
leader of the free world in 2012, she seemed uncomfortable —
maybe because the current, self-appointed leader of the free
world was sitting right there.
Sarah Palin has done at least one thing of value.
She has helped to unmask the left-winged media as a harsh,
partisan and manipulative group bent on advancing its own
ideology. She may keep the media distracted while the GOP
desperately searches for its next real Ronald Reagan. Sadly, at
this point I have no idea who that is.
Whole
thing here.
Hart's collected cols are now available in No Such as a
Pretty Good Alligator Wrestler: Kids, Politics, and Family—Why
Daddy Drinks. Along with PJ O'Rourke, Bernie Marcus
(co-founder of Home Depot), and Bob Johnson (founder of BET), I
was happy to blurb the book, writing
...Hart is one asset that has soared in value over the past
decade of partisan misrule. He is the Alan Greenspan of
political columnists—he keeps the interest rate dangerously
low.
You can buy the book
here.


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| http://reason.com/blog/2009/11/23/its-not-exactly-climategate-bu
The email revelations from the British Climate Research Unit sure
have provoked a lot embarrassed spinning by proponents of
impending catastrophic climate change. For example, Australian
Broadcasting Online offers these
choice observations from global warming activist, Australian
of the Year (2007) and Copenhagen Climate Council chairman Tim
Flannery:
A few days ago computer hackers stole private emails and
research documents from the University of East Anglia.
In one of the leaked emails, respected US climatologist Kevin
Trenberth admits that scientists cannot account for the lack of
global warming to date.
"The fact is that we can't account for the lack of warming at
the moment and it is a travesty that we can't... Our observing
system is inadequate," the email says.
Climate change sceptics are hailing the emails as proof the
research data has been skewed and suppressed.
But Dr Flannery says the scientific community knows enough to
say greenhouse gases cause global warming, and that humans are
responsible.
"The thing is we deal with an incomplete understanding of the
way the Earth's system works, we know enough to say as the IPCC
said that greenhouse gases cause warming," he said.
"They are 90 per cent-plus sure that it's caused by humans, we
can go that far.
"In the last few years, where there hasn't been a continuation
of that warming trend, we don't understand all of the factors
that creates Earth's climate, so there are some things we don't
understand, that's what the scientists were emailing about."
Dr Flannery says scientists are working to find out how the
whole system works.
"These people (scientists) work with models, computer
modelling. When the computer modelling and the real world data
disagrees you have a problem. That's when science gets engaged.
"What Kevin Trenberth, one of the most respected climate
scientist in the world, is saying is, 'We have to get on our
horses and find out what we don't know about the system, we
have to understand why the cooling is occurring, because the
current modelling doesn't reflect it'.
"And that's the way science progresses, we can't pretend to
have perfect knowledge, we don't."
He says science works through a robust interchange and testing
of ideas that can look messy when you are in the middle of it.
Hmmm. Data not agreeing with model predictions. Very interesting.
And of course, Flannery is right, science does work through "a
robust interchange and testing of ideas." But interchanging ideas
about how to hijack some aspects of peer review and by trying to
suppress the work of researchers with whom one disagrees? Messy
indeed.


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| http://reason.com/blog/2009/11/23/do-you-know-what-i-idi-amin-am
About a decade ago, I picked up a copy of John Follain’s
wonderfully entertaining potboiler
Jackal: The Complete Story of the Legendary Terrorist, Carlos
the Jackal, a precise catalog of the brutal murders and
pointless “commando operations” masterminded by the former
Venezuelan revolutionary. Even by the standards of 1970s terror
groups—think the PFLP, Red Brigades, RAF—Carlos’s brutality stood
out. But as he withers away in a French prison, having
predictably transformed himself into
a warrior for Allah, he will be happy to discover that he
still has
fans in the land of his birth:
Hugo Chavez has defended the alleged terrorist mastermind
Carlos the Jackal, saying the Venezuelan imprisoned in France
was an important "revolutionary fighter" who supported the
cause of the Palestinians….Ramirez gained international
notoriety during the 1970s and 80s as the alleged mastermind of
a series of bombings, killings and hostage dramas. He is
serving a life sentence in France for the 1975 murders of two
French secret agents and an alleged informant.
"They accuse him of being a terrorist, but Carlos really was a
revolutionary fighter," Chavez said during a televised speech
to socialist politicians from various countries, who applauded.
In his speech, Chavez also sought to defend other leaders he
said are wrongly labeled "bad guys" internationally, including
Zimbabwe's Robert Mugabe and Iran's Mahmoud Ahmadinejad. Chavez
called both of them brothers and said he now wonders whether
Ugandan dictator Idi Amin was truly as brutal as he was reputed
to be.
If Carlos isn’t exactly to your taste, how
about a different lunatic anti-Semite that terrorized people?
"We thought he was a cannibal," the Venezuelan leader said,
referring to [Ugandan dictator Idi] Amin, whose regime was
notorious for torturing and killing suspected opponents in the
1970s. "I have doubts. ... I don't know, maybe he was a great
nationalist, a patriot."
A fairly large quibble with the Associated Press writer Ian
James, who writes that Chavez "defended
the alleged terrorist" Carlos the Jackal. Alleged?
At what point does a man convicted of three murders, who has been
forthcoming about his involvement in terrorism (“When he was in
front of me, I shot him between the eyes. When he hit the ground,
I shot him in the left temple.”), who released a book from prison
praising Osama bin Laden and defending
terror as an “anti-imperialist” tactic, qualify as an actual
terrorist? And why isn't Amin the alleged dictator of
Uganda?
Lefty blogger and expert-in-everything Matt Yglesias
provides us with the dumbest argument of the day, writing
that having been defanged by the brilliant Obama administration
(!) “seems to have left Chavez a bit adrift and looking to push
the envelope. How else to explain the idea of praising Idi Amin
in a speech.”
Yes, the normally sedate and statesman-like Chavez, who in those
dark pre-Obama years praised Robert Mugabe, Mahmoud Ahmedinejad,
Chairman Mao, Bashar Assad, Saddam Hussein, Fidel Castro, Carlos
the Jackal (this wasn’t the first time), Daniel Ortega, the FARC,
Hezbollah, and Muammar Gaddafi, was pushed into a corner by
Washington and is most likely acting out by saying outrageous
things he couldn't possibly believe.


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| http://reason.com/blog/2009/11/23/new-at-reason-radley-balko-on
Last week, the Mississippi Court of
Appeals granted a new trial to Cory Maye, the 29-year-old
Mississippi man convicted of murdering a police officer in 2001.
The court ruled that Maye should have been allowed to move the
trial back to the county where the shooting took place after Maye
had initially requested it be moved elsewhere. Reason
Senior Editor Radley Balko looks at the decision, and argues that
the court ruled correctly that if he wants it, a defendant should
have the right to be tried before a local jury.


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| http://reason.com/archives/2009/11/23/a-new-trial-for-cory-maye
Last week the Mississippi Court of Appeals granted
a new trial (PDF) to Cory Maye, a 29-year old man serving a
life sentence for the murder of Prentiss, Mississippi police
officer Ron Jones. Maye, who had no prior criminal record, says
he was sleeping in his home when Jones and a makeshift drug raid
team kicked down his door in the middle of the night on December
26, 2001. Maye claims he thought the police were criminal
intruders and feared for his life and that of his daughter,
18-month old Ta'Corianna, who was asleep on the bed in the room
where the shooting occurred. Police found a small amount of
mostly ashen marijuana in the apartment. (For more, read my
October 2007 Reason feature on Maye's case, or watch
Reason.tv's
documentary about Maye's story.)
Maye was eventually convicted of capital murder for the
intentional killing of a police officer. He was sentenced to
death the same day. When I first began writing about the case on
my personal blog in late 2005, it attracted the attention of Abe
Pafford, an associate at the large D.C.-based law firm Covington
& Burling. Pafford, who has a daughter about the same age as
Ta’Corianna, says he empathized with Maye after thinking about
what he would have done if put in the same situation. A team from
Covington joined local public defender Bob Evans (who was not
Maye's attorney at trial) in early 2006, bringing aboard their
own team of investigators and forensic experts. In the fall of
that year, Mississippi Circuit Judge Michael Eubanks threw out
Maye's death sentence, citing his inadequate defense counsel
during the death penalty portion of the trial. Prosecutors agreed
not to seek a new sentencing hearing, which resulted in Maye
being re-sentenced to life in prison without the possibility of
parole.
Maye's new defense team then
presented a long brief (PDF) outlining a multitude of
problems with Maye's trial and conviction. Last week’s appeals
court ruling, while certainly welcome news for Maye and his
defense team, granted Maye a new trial only on the issue of
venue, argued by then-Covington attorney Ben Vernia, now in his
own practice. It considered 12 other issues, and ignored
altogether the two issues that took up over half of the argument
in Maye's appellate brief: namely, that the warrant to search
Maye's apartment was obtained fraudulently, and that given the
controlling Mississippi case law, there was insufficient evidence
to support Maye's conviction.
I'll have more on those issues in a future column. But the issue
of venue is why the court granted Maye a new trial, and it's
worth considering in detail here.
Shortly after Maye's arrest in 2001, his family sought out the
services of Rhonda Cooper, a private attorney in Jackson. Cooper
had no prior death penalty experience, though Maye's family says
she told them she did. Cooper made a number of critical mistakes
during Maye's trial, but her first and perhaps most devastating
one was to immediately ask for a change of venue. That might seem
like a smart move in a case where a black man stands accused of
killing a white cop (who also happened to be the son of the
town's police chief), but a closer look at the demographics of
southern Mississippi shows why it was actually in Maye's interest
to be tried in Jefferson Davis County, where the raid took place.
Jefferson Davis County is 58 percent black. Lamar County,
Cooper's initial venue request, is 85 percent white. Lamar County
is also more politically conservative. Unsurprisingly, the
prosecution didn't object and Cooper’s request was granted. Bob
Evans, the attorney that Maye's family hired after his
conviction, quipped, "I imagine the prosecution was doing
cartwheels on their way to the courthouse," after Cooper's
motion. Cooper soon realized her mistake, and asked that the
trial be moved back to Jefferson Davis County. This time,
however, the prosecution did object. District Attorney Claiborne
"Buddy" McDonald would later argue in a post-trial hearing that
the state feared Maye couldn't get a fair trial in Jefferson
Davis County, a show of compassion that rang hollow for Maye’s
new attorney Pafford, who noted that it came from the same man
who was trying to have Maye executed.
Judge Eubanks eventually moved the trial to a third county,
Marion County, which is where Maye was convicted. Like Lamar
County, Marion County is whiter and more conservative than
Jefferson Davis County. Maye's jury was comprised of 10 whites
and two blacks.
The Mississippi State Constitution guarantees the right to a
trial in the county where the alleged crime took place. The
prosecution argued that Maye waived that right when he initially
asked that the trial be moved. The Court of Appeals ruled last
week that the right still applies even if the defendant initially
gives it up, so long as the defendant isn't using a change of
venue request to delay or obstruct the trial. Maye asked that the
venue be switched back two months before his scheduled trial.
Eubanks, the court ruled, should have granted Maye's request to
move the trial back to Jefferson Davis County.
It seems counterintuitive that a defendant would actually want to
be tried in the county where his alleged crime took place,
particularly a defendant accused of murdering a cop. But the
Mississippi Court of Appeals affirmed every Mississippian’s right
to a jury local to where the crime was committed, at least, if
that's what they want. There's good reason that right is in the
state's constitution, even beyond the raw demographic data.
Maye's case illustrates why.
The region of Mississippi where all of this happened is still
largely segregated. Rural areas are overwhelmingly black, towns
and small cities are mostly white. Racial animus not only
persists, it's pervasive, often suffocatingly so. In Jefferson
Davis County, black people live in fear of the mostly white
police department in Prentiss, the county seat. Nearly every
black person I've spoken to there has a story of police abuse,
whether it happened to them or someone they know. White people,
meanwhile, speak derisively of the mostly black county sheriff's
department. Rumors circulate among white residents about
Jefferson Davis County Sheriff Henry McCullum abetting drug
pushers.
The informant in Maye's case is a local named Randy Gentry.
Gentry, who had been used in other drug cases, is an
unapologetic bigot, known in and around Prentiss as such. Yet
the officers who used him, including Officer Ron Jones, routinely
vouched for Gentry's trustworthiness and reliability in obtaining
search warrants based on his sworn statements.
I described the area's racial tension in my 2006 article on
Maye's case for Reason:
When people in the area talk about why they don’t trust law
enforcement, you hear the same cops named over and over again.
You hear about many of the same incidents, then learn that the
officers involved never really stop policing; they just move
from one department to another. It takes me just a few hours in
Prentiss to find another woman who says she too was on the
receiving end of a violent, forced-entry drug raid. Though the
police didn’t find the meth lab they were looking for, they
nevertheless jailed her brother for months (he couldn’t afford
bond) before releasing him without explanation. The Monticello
County Sheriff’s Department, where the man was jailed, claims
he was bound over to circuit court for trial. But eight months
later, he has yet to be charged or tried.
And it’s not just civilians who make such accusations. One
black officer warns me not to trust what I hear from white cops
in the area. “The badge and the gun don’t mean anything,” the
officer says. “It doesn’t mean they found what they say they
found.”
Maye's case boils down to his credibility and the credibility of
the police officers who conducted the raid. They claim to have
announced themselves. Maye says he didn't hear them. If he did
hear them, he's guilty of murder. If they didn't announce
themselves, or if he didn't hear that announcement, he’s at worst
guilty of manslaughter and may well well be completely innocent,
having merely defended his home from a violent intrusion.
In a case where the defendant's guilt or innocence turns almost
entirely on these issues of credibility, it makes sense to have a
jury with the complete information to make that determination.
And that means finding jurors that have absorbed the racial and
law enforcement dynamics of the area where the crime took place.
That idea might not sit well at first with those accustomed to
thinking of jurors as clean slates. But consider the alternative:
Jurors who may bring assumptions about law enforcement from their
own communities that aren't applicable to the case
they'll be hearing. The right in question here is the basic right
to be judged by a jury of your peers.
The prosecution in Maye's case
told the Jackson Clarion-Ledger last week that they
will appeal the ruling. First they’ll petition to have the Court
of Appeals rehear the case. If that's denied, they'll appeal to
the Mississippi State Supreme Court. If that also fails, Maye
will be retried in Jefferson Davis County. The one drawback for
Maye: If he's convicted a second time, the prosecution could
again ask the jury to give him the death penalty.
Radley Balko is a
senior editor at Reason magazine.


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| http://reason.com/blog/2009/11/23/the-mexican-armys-unsystemic-h
In the last three years, The Washington Post
reports, Mexico's National Human Rights Commission has
received more than 2,000 complaints about abuses committed by
soldiers waging the country's U.S.-backed war on drugs. But
according to the Interior Ministry, only one of those cases has
resulted in a conviction: A soldier who fired on civilians at a
checkpoint, killing one of them, received a nine-month
sentence. The military says there have been 10 convictions, but
it declines to provide details. The U.S. State Department puts
the number of convictions at 12 and says another 52 soldiers are
being investigated for homicide, torture, kidnapping, and
extortion. Evidently 97 percent of the complaints
proved groundless.
A military spokesman who demands anonymity assures the
Post that "the army does not systemically violate
human rights." But even if it only does so in an
unofficial, disorganized way, the alleged abuses—which
include torture, beatings, illegal raids and arrests, and
gunfire aimed at civilians—are a predictable result of expecting
soldiers to act like cops and cops to act like soldiers. The
military spokesman complains:
It's like the United States in Iraq or Afghanistan, only more
difficult because they can usually tell who are the criminals
and who are the civilians. We do not have that luxury. In the
drug war, the line between criminal and civilian is blurred.
According to Abel Barra, executive director of the Tlachinollan
Human Rights Center in Guerrero, "militarization has caused more
damage to society here than it has helped us live in peace." Yet
the U.S. supports this policy financially and
politically while disclaiming responsibility for
its consequences:
"The U.S. Congress made clear that it supports the Merida
Initiative against the cartels, but it does not support a blank
check for the Mexican military," said Sen. Patrick Leahy
(D-Vt.). "A portion of our aid is conditioned on respect for
human rights."
Another way of saying this is that the U.S. would continue
funding Mexico's war on drugs even if the government made no
pretense of caring about human rights. With a little lip service
but very little action, it can earn the entire $1.4 billion
allocated by Congress.


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| http://reason.com/blog/2009/11/23/how-many-pot-dispensaries-in-o
Los Angeles, a city with by all accounts the largest number and
concentration of existing medical pot dispensaries, will likely
see a hard cap on them after its City Council passes a new set of
regulations on the medical marijuana business, which could happen
as early as tomorrow.
More details and news clip links from my California news and
politics blog "City
of Angles," and you can check out the proposes ordinance,
amendment, and actions on it at the
L.A. City Council's web page.


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| http://feedproxy.google.com/~r/motherjones/main/~3/LSztw6lkkK4/out-iraq-gulf This story first appeared on the TomDispatch website.
Despite recent large-scale insurgent suicide bombings that have killed scores of civilians and the fact that well over 100,000 US troops are still deployed in that country, coverage of the US war in Iraq has been largely replaced in the mainstream press by the (previously) "forgotten war" in Afghanistan. A major reason for this is the plan, developed at the end of the Bush years and confirmed by President Obama, to draw down US troops in Iraq to 50,000 by August 2010 and withdraw most of the remaining forces by December 2011.
Getting out of Iraq, however, doesn't mean getting out of the Middle East. For one thing, it's likely that a sizeable contingent of US forces will remain garrisoned on several large and remotely situated US bases in Iraq well past December 2011. Still others will be stationed close by—on bases throughout the region where, with little media attention since the run-up to the invasion of Iraq in 2003, construction to harden, expand, and upgrade US and allied facilities has gone on to this day.  | |
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| http://www.glennbeck.com/content/articles/article/198/33466/ Glenn gives a recap of the message he delivered at the Villages over the weekend, the plan for 2010 and beyond for America. The number one question Glenn gets on the road from fans 'what can we do?', since calling representatives has clearly fallen on deaf ears. Glenn illustrates his vision with the story of the worlds first unsinkable ship. How are we doing the same things the crew on the ship did? | |
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| http://www.glennbeck.com/content/articles/article/198/33463/ Glenn has been pounding away on TV and radio about the unsustainable path our government has been on for decades. Critics will say Glenn is just a partisan Obama hater, but Glenn has been consistently hammering both sides on the issue of spending for years. Both spend too much, Obama just spends waaaaaay too much. So much so that even the New York Times sees trouble coming. These numbers are indisputable - so if politicians know this, why would they jam through healthcare? | |
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| http://www.glennbeck.com/content/articles/article/198/33461/ What happens when you are a Democrat on the fence about Obamacare? You become the brand new recipient of $300 million dollars! That is the sad state of affairs of politics today. They are not voting on the merits of the bill, only on 'what's in it for me?'. Glenn talks about how Senator Mary Landrieu sold out her country and proved that while she may be easy, she's certainly not cheap. | |
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