I Never Forget A Face

Words uttered from many an eyewitness. Scientific studies however would prove otherwise. And if you doubt science, just look at the overwhelming number of exonerated inmates, put in prison by eyewitnesses and released by DNA. Of the first 40 exonerations by DNA, 90% were convicted on the basis of eyewitness testimony (according to a study by Wells et al in 1998), and one particular individual had five witnesses erroneously identify him as the culprit. The Sheck, Neufeld & Dwyer study of 2000 examined 62 exoneration cases and found 52 of those had been convicted by mistakenly confident eyewitnesses.

To exemplify the unreliability of an average person’s recollection of faces consider the results of the1995 study Cutler and Penrod. They sent an individual into a convenience store who then performed a memorable action (e.g. paying with pennies). The store clerk was later presented with a photo spread and asked to identify the individual. A mere 34-48% made a correct identification. Should justice really hang on such a balance?


The problem however is not just unreliable memories – it’s the undue weight a jury is willing to give to such recollections. Loftus and Doyle (1992) cite a study in which a mock trial was presented to three juries. Evidence presented before the first jury included eyewitness testimony, and 72% of those jurors returned a guilty verdict. For the second jury the eyewitness was impeached (shown to be unreliable) and yet still 68% were prepared to rely on the conviction of the witness that the defendant was responsibly. All this in comparison to the third jury who were presented the same case, with the same facts, but without an eyewitness – and only 18% of the jurors found the defendant to be guilty. Looking at such statistics it is impossible to ignore the glaring reality of the unfounded extent to which jurors rely on eyewitness testimony.

There’s only one type of person a jury might believe over an eyewitness – a qualified and certified expert. In 2001 the New York Court of Appeals held in The People v Lee that a Judge must consider admitting expert evidence whenever it is offered unless they consider it not to be helpful to the jury. When would expert evidence ever not be helpful to the jury? When the expert is calling into question the very expertise that gives the jury the authority to determine guilt or innocence. The jury is made up of ordinary people who experience day-to-day life; they are ‘our peers’. Experts are called to educate jurors about matters outside the day–to-day experience of the ordinary citizen. Evidently the ordinary citizen’s day-to-day experience guides them to give greater weight than they should to eyewitness testimony. By calling into question a jury’s ability to properly weigh evidence, we are in effect saying they are ill equipped to do the duty imposed on them.

“Trial by jury is a safeguard against oppression. As the Lee case shows, however, it comes with a cost. The ordinary citizens we trust to protect us against potentially overzealous government are, by virtue of their very ordinariness, often inexpert at the tasks they must perform.” (Michael C Dorf)

Short of abolishing jury trials all together, or at the very least when only witness testimony is available as evidence; the system must find and produce a mechanism to differentiate between poor and valuable eyewitnesses. And to do so we must ask – why are eyewitness accounts so unreliable? Apart from the general fact that humans are poor at facial identification, particularly when looking at faces of another race, there are a number of factors to consider; including visibility conditions and the procedures used to obtain an identification.

Considering the latter in particular: studies have revealed that identifications by witnesses are relative and not absolute. That is, they will compare photos to each other and not each individually to their recollection. If they recall seeing a very tall, longhaired man in a red sweater – they will look at the photos and determine between the tallest which ‘best fits’ their memory. Rather than determine if any of the images individually represent the same features they recalled. They are likely therefore to make a selection from the lineup even if the culprit is not in it. To prevent this, at the very least, all photos in the lineup should be identical as much as possible apart from the subject – that is, the lighting, size, color, angle, background, and clothing etc should be the same in each photo. None should particularly stand out. For example if one photo in the lineup shows an individual wearing a red sweater, and the witness indicated they recalled seeing the culprit wearing a red sweater, it will instantly guide them to identify that individual as the culprit. It would also help to prevent false identifications if the witnesses were made aware that it is possible the suspect is not in the lineup, giving them an alternative to measuring the photos against one another.

The human mind has a tendency to create memories by supplying missing information in a recollection with expectations (e.g. general laws of physics) and external sources (e.g. by picking up on descriptions from other people). In the mid-seventies Elizabeth Loftus did a study about the effect on memory after the introduction of false facts. Subjects were shown a slide of a car at an intersection with either a ‘Yield’ or ‘Stop’ sign. They were then asked questions as the examiner deliberately inserted the wrong sign in the questions. For example those who had seen the slide with the ‘Stop’ sign, were asked questions beginning with ‘When the car approached the yield sign…’ The results indicated a propensity to remember erroneous events either by the influence of direct false information, or creating memories from the implication or indirect guidance. In the same study other subjects were shown a slide of a car accident. Those who were asked by examiners about how fast cars were traveling when they ‘smashed’ were more likely to recall seeing broken glass than those who were asked about when the cars ‘hit’. Again showing how the mind all too eagerly will use collected information to fill gaps or fuzzy areas in memory as the introduction of false cues altered the participant’s recollection.

With this concern and consideration it is important that when a witness is being questioned the examiner use careful and non-leading language. It would be ideal that the examiner knows nothing of the incident so ask questions without any natural bias. The same could be said of an officer presenting a line up, because even unconscious changes in body posture can signal identification to the witness. One only need to watch Darren Brown (who admittedly gives signals intentionally, which one would hope an officer would not do) to see how subtle and limited the signals can be to direct a witness to the desired result. The witness should at least be told the examiner does not know who the suspect is, because even if the examiner is not giving subconscious directions, the witness will look for confirmation of their selection. Any affirmation from an officer will only work to cement the decision and give the witness more confidence, and it is according to the witness’s confidence that jurors will measure the value of the identification (Cutler et al 1990).

“Bias creeps into memory without our knowledge, without our awareness. While confidence and accuracy are generally correlated, when misleading information is given, witness confidence is often higher for the incorrect information than for the correct information. This leads many to question the competence of the average person to determine credibility issues. Juries are the fact-finders, and credibility issues are to be determined by juries. The issue then arises whether juries are equipped to make these determinations. Expert testimony may not be helpful. Indeed, since the very act of forming a memory creates distortion, how can anyone uncover the “truth” behind a person’s statements? Perhaps it is the terrible truth that in many cases we are simply not capable of determining what happened, yet are duty-bound to so determine.” (Laura Engelhardt, Stanford Journal of Legal Issues)

Execution by British Drugs

You may recall from an earlier post that the United States has run out of sodium thiopental – a drug required for the execution by lethal injection procedure. The only FDA approved supplier in the States, Hospira, cannot provide any more until January 2011 due to a shortage of an ingredient. It was thought that this meant all executions would be put on hold until next year. Arizona however found a solution to the ‘problem’.

At 10.26pm on Tuesday October 26th, Arizona executed Jeffrey Landrigan using sodium thiopental manufactured in Great Britain.


While the State was not required to disclose their source for the drug, they did announce that it would be coming from Great Britain in order to dispel any concerns that it was unsafe. The Arizona Chief Deputy Attorney General Tim Nelson said the drug comes “from a reputable place”, and not “a third-world country”. While we would all like to think of a ‘first world nation’ like GB being a ‘reputable place’ – the country of origin provides no greater assurance of the quality of drug without knowing at least who the manufacturer is and if they are sanctioned by said nation.

Landrigan’s attorneys argued that he could be painfully suffocated by the subsequent potions of the lethal injection if the sodium thiopental doesn’t render him unconscious. In Baze v Rees (2008) the US Supreme Court held “It is unconstitutional that, failing a proper dose of sodium thiopental that would render the prisoner unconscious, there is a substantial, constitutionally unacceptable risk of suffocation…and pain from the injection.”

Initially a Federal Judge issued a stay of execution on Monday the 25th, concerned that this drug from an unknown source might not be effective. The stay was upheld by the 9th Circuit US Court of Appeals on Tuesday morning as they implied that without further information about the drug the defense would be unable meet the burden of establishing that use of the drug might cause a "substantial risk of serious harm". However, the United States Supreme Court, by a slim majority of five to four, lifted the stay just after 7pm.

It was the first decision for Justice Elena Kagan, the US Supreme Court’s newest member. She found herself in the minority – voting to uphold the stay of execution. She was in good company with Ruth Bader Ginsburg, Stephen Breyer, and Sonia Sotomayor. I think its particularly interesting that not only did the two newest members of the bench vote to uphold the stay, but also all the female members of the bench. (I’d like to note further that in the case of Teresa Lewis - the woman recently executed, the only women on the bench at the time dissented from the majority and voted to grant her appeal. In short – I think we need more women on the United States Supreme Court Bench).

The US Supreme Court determined the Federal Judge had erred in his reasoning, because Baze v Rees sets a high standard of proof that an execution method would cause harm. Now who am I to say a bench of nine well respected, experienced and knowledgeable judges are wrong – so instead I’ll limit it to: the five judges who maintained this position were wrong. I can’t help but wonder how long it has been since Anthony Kennedy, Clarence Thomas, Samuel Alito, Antonin Scalia and John Roberts, read the wording of the Baze v Rees decision. To me, their intention in that case was quite different to what they claim today.

“There is no evidence in the record to suggest that the drug obtained from a foreign source is unsafe. The district Court granted the restraining order because it was left to speculate as to the risk of harm… Speculation cannot substitute for evidence that the use of the drug is ‘sure or very likely to cause serious illness and needless suffering.’” Said the Supreme Court. I suppose they determined the drug was ‘innocent until proven guilty’. If speculation was their concern they should have required the necessary information from the State in order to reach an informed decision. Without that information, is it not better to err on the side of safety?

You may also recall from my prior blog regarding drugs that Judge Fogel had stayed Albert Greenwood Brown Jr’s execution on question of California’s execution protocols. It’s unlikely now that any protocol will fail under this new ‘sure or very likely’ standard, and Fogel will be forced to allow executions to proceed.

“There was no showing that the drug was unlawfully obtained, nor was there an offer of proof to that effect.” The US Supreme Court noted. However they had also ruled that the State were not required to disclose the supplier of the drug because such information fell under state law concealing the identities of those involved in executions. How then could the defense possibly have a hope of prove that the drug was unlawfully purchased if they did not even know from whom the purchase was made?!

The manufacturer of the drug has since been revealed in The Guardian: Archimedes Pharma UK. They are the only licensed manufacturer of sodium thiopental in Britain, though they specialize in pain relief, and developed PecFent a breakthrough in relief for cancer pain. The company claim that once they have produced the drug they give it to a supplier have no further control over or knowledge of what happens to it. “The company neither exports the product to the US for any purpose, nor is it aware of any exports of the product,” a spokesperson said.

The Sodium Thiopental produced by Archimedes “is used as an anesthetic, in convulsive disorders and for reducing intracranial pressure,” said the Medicines and Healthcare Products Regulatory Agency (MHRA) – the agency responsible for licensing Archimedes. MHRA must be informed and give approval before the drug can be exported to Europe by a manufacturer or wholesaler, but the same restrictions do not exist for exports beyond Europe.

It appears California has also bought a batch of the same sodium thiopental (it has the same expiration date as that which Arizona used) in order to proceed with executions which had been stayed due to the lack of the drug as usually provided by Hospira.

Although we cannot put upon the manufacturer a legal burden to oversee how their product is used, just as we cannot hold a pharmacist responsible for how a patient uses prescribed drugs, it seems to me that the company should be more concerned about how such a lethal drug is dealt with.

Amnesty International is concerned that this incident “raises serious questions about whether there are proper controls on equipment that could be used to torture and kill.” And they have called for tighter EU controls to prevent the drug being exported again for use in executions. The European Union has resolved to work towards the universal abolition of the death penalty and prepared Council Regulation (EC) No 1236/2005 which concerns “trade in certain goods which could be used for capital punishment, torture or other cruel, inhuman or degrading treatment or punishment.” However the regulation means little unless they intend to fully implement it and reprimand and penalize those who break it.

And while the EU needs to enforce their regulations, so do their members. The British Government must at least take a visible stand against products from their country being used to execute people. To ignore it is to consent to it. How can a country which holds a firm position against the death penalty permit anyone within their jurisdiction to profit from executions?

If Archimedes do not know which of their suppliers sold the drug to the States, they can at least provide a complete list of all their suppliers which handle sodium thiopental. Under enough pressure from Amnesty, the EU, the British Government, the media etc, perhaps they will have no other choice but to hand over such a list. The British Government and/or the EU could then conduct an investigation to determine Arizona’s source and hold them accountable.

On a side note regarding the execution: Landrigan was convicted of the 1989 murder of Chester Dyer. His defense team said that preliminary DNA results disclosed last week indicated that blood at the crime scene came from Dyer and another person which was not Landrigan. Prosecutors explained this with the argument that another person participated in the killing. There is also evidence that Landrigan is severely brain damaged, probably a result of his mother’s drug abuse during pregnancy. The US Supreme Court ruled that the quality of Landrigan’s “alleged mitigation evidence” was not good enough to make “a colorable claim” that the trial judge would not have sentenced him to death. However, the Judge who sentenced Landrigan to death has sworn an Affidavit saying that he would not have done so had he known about Landrigan’s mental defects.

Did Britain inadvertently aid the wrongful execution of a possibly innocent man?

New Orleans Police Department

On Sunday night I had a lovely dinner at Dante’s Kitchen (great restaurant – amaaaaazing food, and comic waiters) with a friend. After dinner, perhaps fueled by a glass of wine and chocolate high, we took a wrong turn and found ourselves in the less than desirable neighborhood of Holly Grove. Picture shanty shacks and broken street lights; and if that doesn’t help – Lil Wayne claims to be from this area because it enhances his bad ass persona.

We drove past what looked like a hang out joint, with cars carelessly parked around, and people hanging out on the street swigging from bottles. “Lock your door,” my friend advised, “I’m sorry, I think I’ve driven us into the wrong part of town.”
“No worries,” I assured her, “It’s just a mini-adventure.” – my typical, perhaps in this case unwise, attitude to wrong turns.

A few blocks further and we passed four police cars blocking off a street with their lights flashing. “We could ask them for directions, but the NOPD aren’t the most reliable people.” My friend joked. I think perhaps they overheard her because as we drove past they jumped into their cars and two vehicles followed us, lights flashing, and pulled us over. The vehicle immediately behind us was unmarked. “How do we know they’re really police and not con artists trying to rape us?” My friend (the New Orleans resident) asked me.

“Because they’ll be wearing uniforms?” I proffered. But alas they were not. An officer approached each side of the car and rapped on the window. All I could see was the gun clearly displayed at the officers hip. It took me more than a few seconds to react, perhaps encouraging their suspicions. We left our doors locked and rolled down the windows only far enough to exchange words.

“Do you have any id on you?” We were asked. While both silently considering asking the same of these men we placidly handed over our identification, figuring if they were police it was better to do as they ask, and if they weren’t they could keep the ids for all we cared right now. If they had asked us to step out of the car however – we would have dealt with that rather differently.

“What are you doing in this neighborhood?” They questioned.
“We had dinner at Dante’s Kitchen and then got lost.” I blurted out.
“This is a bad neighborhood,” the officer on the driver’s side announced (as though we couldn’t see that), “you girls shouldn’t be driving around here. We were just called out on a robbery down the road.”

It seemed they were considering running our licenses, until the officer checking my British id decided he believed us. “I think they just got lost.” Our ids were returned and we were permitted to drive on – without directions they sent us back into the maze of dark streets.

My first run in with the law and naturally in Louisiana it was race related – had we been two black girls driving around we probably would have gone unchecked. Two white girls driving around Holly Grove on a Sunday night – they probably suspected we were cruising for drugs. Why they deemed us so dangerous as to send two vehicles away from a crime scene to chase us down, Im not sure. And why four white cops believed they were undercover wearing tracksuits and driving an unmarked car is also beyond reason. The NOPD hardly improved my opinion of them – although they were not threatening or violent to us, they were certainly intimidating, and not at all helpful. They typically thought they are "the law" and pulled us over with no probable cause, then sent us back off into the neighborhood they had deemed dangerous without directions on how to get out.

Executioners Scramble for Drugs

Sodium Thiopental was designed to be used as an anesthetic. It is also however the first drug administered in the typical cocktail of three for execution by lethal injection. 2-5grams of sodium thiopental streams into the body to induce unconsciousness, followed by 100milligrams of Pancuronium bromide which causes muscle paralysis and respiratory arrest, and finally 100 milliequivalents of potassium chloride to stop the heart.

Since the botched execution of Romell Broom in Ohio, a new one-drug method has been developed – a lethal dose of sodium thiopental. It costs Ohio $350 for the drug alone to execute someone. Washington has also elected to apply this method.

The sole American producer of Sodium Thiopental is an Illinois company called Hospira. It was designed, they say, solely for medical purposes, and they do not know how it has found its way into execution chambers. The company, who sells all three of the drugs involved in execution by lethal injection, has even come out against the death penalty. “Hospira manufactures this product because it improves or saves lives, and the company markets it solely for use as indicated on the product labeling,” Mr. Rosenberg, the company’s spokesperson, said in a statement. “The drug is not indicated for capital punishment, and Hospira does not support its use in this procedure.” Particularly interesting in light of the fact that very few hospitals use Sodium Thiopental, choosing rather to use alternative anesthetic drugs, so really the majority of the drug which is sold goes towards executions. Other uses for the drug include euthanization of animals and assisted suicide.

The FDA reported a shortage of the drug in March. Hospira acknowledged a shortage last spring, first promising fulfillment in July, then October, now pushed back to January 2011. A spokesperson with Hospira has said the issue relates to the shortage of an active ingredient/ raw material and they hope to have the product back on the market at the beginning of the New Year. There is some speculation, however, that this is all a stunt to prevent further executions.

States are now scrambling to collect enough of the drug to carry out scheduled executions. The governor of Kentucky has postponed signing further death warrants until such time they know the executions will be able to proceed, as their one remaining does expires this weekend.

California will have to stop executions from Friday because their stock of Sodium Thiopental expires, though not until after they have put to death Albert G Brown Junior, who has been sitting on death row since 1982 and will be the first person California has executed in four years. It seems this impending drought of necessary drugs has put some pressure on, apparently after four years of no executions and keeping Brown waiting for 28 years, they are rushing to ensure his execution before an expiration date of drugs which will ultimately kill him.

Initially Brown’s attorney’s requested a stay of execution because their client had not decided whether to be executed by the one drug or three drug cocktail (as mentioned before, both methods require the drug soon to expire). The Federal District Court denied the stay. Upon hearing about it the United States Court of Appeal of the Ninth Circuit ordered the Federal District Court Judge – Jeremy Fogel - to reconsider his denial of a stay of execution. “It is incredible to think that the deliberative process might be driven by the expiration date of the execution drug,” the Appeal Court wrote.

In 2006 Judge Fogel halted executions pending a review of the three drug cocktail procedure and deficiencies in the State’s methods and their antiquated facilities. The State then built a sparkling new death chamber at San Quentin and redrafted new regulations which were approved earlier this year. However Judge Fogel indicated he had not had the opportunity to carefully consider the new execution protocols due to the looming execution date and deadline the expiration date provided. Without giving proper time and consideration to the new protocols his own actions had required, how could he possibly deny a stay of execution?

Virginia successfully executed Teresa Lewis last week with the last of their supply, though they have no further executions currently scheduled. It’s a shame to think if that small amount of a chemical had only ‘gone bad’ a little quicker, or evaporated… or whatever, she might have been reprieved.

In Oklahoma the scheduled August 17th execution of Jeffrey Matthews was stayed when the State attempted to substitute another drug after running out of Sodium Thiopental. They have since managed to ‘borrow’ some from another State, though the stay does not expire until October 16th.


Texas, the busiest State for executions, have refused to indicate what their supply of the drug is, claiming it is because they are concerned for the welfare of the protesters outside the death house – such news might apparently ‘inflame them’ and ‘people could get seriously hurt or killed.’ Personally I think they are just trying to keep as much of it for themselves so they won’t have to put on hold any of the many executions they constantly have lined up.

There is currently a total of 17 executions scheduled throughout the country between now and January when the drug is expected to be released again.

I wonder what happens when Sodium Thiopental expires. Does it cease to be effective or does it become ‘too potent’ – if the latter, what are the concerns given the circumstances? I could understand the importance of an expiration date in hospitals, but really what’s the worst that could happen when they are being used to kill someone?

Ethical guidelines preventing the medical profession from involvement in executions extends to barring Hospitals from supplying prisons with the drug. There are no FDA approved sellers of the drug overseas, and changing drugs is hardly an option. It took lengthy court battles for some States to adopt the current procedures involving Sodium Thiopental and any alteration would invite further lawsuits (like in Jeffrey Matthew’s case - because naturally ‘we’ take any opportunity we can get to prevent executions, however temporarily) possibly suspending further executions beyond the next availability of Sodium Thiopental.

Death for the worst of the worst?

The death penalty is allegedly reserved for the worst of the worst. Would it be fair for a man to be executed for a crime less horrific or more justifiable than that committed by a man sentenced to life? Surely not, and yet if you take the United States of America as a whole it happens all the time. Take for example a man who lives in West Virginia and a man who lives in Virginia – they might commit exactly the same crime, but the man in West Virginia is not eligible for the death penalty because he has the good fortune of residing in and committing his dreadful deeds in a state which does not have the death penalty. His next door neighbor however is not so lucky. The simple fact of geography, and not merely the nature of the crime, may determine whether someone lives or dies.

In 1972, in the case of Furman v Georgia, the Supreme Court made void the death penalty statutes throughout the country. It is unfair, they cried, that this most serious of sentences be ‘freakishly’ imposed. Justice Stewart likened being sentenced to death to being struck by lightning, because it is a sentence handed out to a “capriciously selected random handful”. The Supreme Court determined the death penalty was in violation of the 8th Amendment in being cruel and unusual punishment because it was administered arbitrarily and discriminatorily. Four years later, after some rewriting of the laws, in the case of Gregg v Georgia 1976 the Supreme Court determined the new death penalty statutes were constitutional and the effective moratorium was lifted.

The new statutes reflected the concern that juries were not given the proper guidance in how to reach the decision of whether or not to kill a defendant they found guilty. Juries would henceforth be directed to consider the gravity of the crime, the aggravating factors involved in the crime, and the mitigating factors affecting the culpability of the offender. There are however additional factors which need to be addressed to prevent the death penalty from being arbitrary and capricious; as mentioned above, geography comes into play, consider also the fact that very few women are sentenced to death even when considered proportionately to men convicted of similar crimes. But perhaps more significantly is the issue of finance; those without money are forced to rely on overworked and underpaid public defenders, intelligent as such attorneys may be, they cannot always provide the most adequate of counsel. As Justice Ruth Ginsburg stated in 2001, “People who are well represented at trial do not get the death penalty… I have yet to see a death case among the dozens coming to the Supreme Court on eve-of-execution stay applications in which the defendant was well represented at trial.” Justice should be blind should it not? How is it then that the system seems to see where a defendant lives, what race he or she is and how much money he or she has?


I mentioned above that women are rarely sentenced to death, but in order to exemplify how relevant these additional factors are to the ‘freakish’ nature of the death penalty I am going to present you with two women: Gaile Owens and Mary Winkler. These Tennessee women were both diagnosed by the same psychologist with battered woman’s syndrome, and they were both responsible for the deaths of their respective husbands. In 2006 Winkler shot her husband in the back, she was indicted for first-degree murder, convicted of voluntary manslaughter and is now free with custody of her children. Owens on the other hand hired someone to kill her husband, and is now on death row. Winkler testified to the abuse she suffered, Owens did not. Winkler’s friends hired for her an experienced criminal lawyer. Owens’ first attorney withdrew from the case due to lack of funding. Winkler plead not guilty due to being a battered woman, Owens attempted to plea bargain for her life but was unsuccessful. Two very similar cases with drastically different outcomes reflective of the manner in which the cases were tried: how the attorneys handled the cases, and the judges and jury dealt with the ‘battered women syndrome’ defense. Surely a sterling example of the arbitrary nature of the system leading to a death sentence, when a woman under similar circumstances not only avoided the same but served a sentence of only two months!

Compare Gaile Owens to Wayne Glasser. Gaile was a woman responsible for killing a man at whose hand she suffered years of abuse. Wayne Glasser is a rapist, he has sexually assaulted at least 12 children including his own stepdaughter, and admits to forced sexual contact involving 25 adult victims including his sister and other relatives. He was convicted last year of raping a woman in 1996, and faced 60 years in prison. Rape is not a crime eligible for the death penalty, yet surely Glasser’s prolific violent offenses are far worse than the desperate act committed by Gaile Owens. What kind of a justice system allows a sexual fiend to be sentenced to 60 years, when a battered woman must pay with her life?

Again referring to a woman sentenced to death I present to you the case of Teresa Lewis. Teresa, with two other men, killed her husband and stepson. Within months of her trial and sentencing, a letter from one of the two men turned up indicating that it was he, not Teresa, who had planned the murders. In a post conviction hearing one psychiatrist testified that Teresa has an IQ of 72, which when taking into consideration the 5 point standard deviation, is within the range of mental retardation. Since the 2002 case of Atkins it is unlawful to execute the mentally retarded. Nonetheless, Teresa is scheduled to be executed in less than two weeks. Perhaps this case still doesn’t seem shocking, or relevant to the point at hand, but while Teresa faces being put to death on September 23, her two co-conspirators, one of whom is admittedly more responsible for the crime than she, have only a life in prison to face.

Gary Ridgway, aka the Green River Killer, was very fortunate. Although he couldn’t afford an attorney, the State of Washington provided him with a fabulous team. On this team was Mark Prothero who has written a book, ‘Defending Gary’, which I recently read and would highly recommend to anyone interested in getting an insight into the enormous amount of work and huge commitment (not to mention the finance) a capital case requires, or into the mind of a prolific serial killer which admittedly is what enticed me. Gary Ridgway may well be responsible for the deaths of as many as 70 women, so many he lost count. He is surely by definition ‘the worst of the worst’. He confessed to 48 murders, and in providing the police with all the details he could recall so that they might close some cases and provide closure to families still waiting for their missing daughter/mother/wife to return, Ridgway avoided the death sentence. I wrote last time about the evils of using the death penalty as a bargaining chip – how it might cause false confessions and pervert the course of justice. In this case it was a benefit to the defendant – a guilty man managed to avoid the punishment supposedly reserved specifically for men such as himself, by admitting his deeds and divulging the gory details. As someone vehemently against the use of the death penalty one might expect me to rejoice that a person managed to avoid it, but what really strikes me about this case is how it exemplifies the horror of how unfairly this punishment is applied. If the death penalty is reserved for the worst of the worst how is it that you can execute a man who shoots one woman, but not do the same to a man who strangles at least 48? I’d rather of course that no one was executed, but I hope you get the point I’m trying to make – the death penalty is still arbitrary and capricious.

While there are many more examples of how unfairly the death penalty is applied, I feel I have ranted and raved enough for now. The conclusion I have tried to draw out with these cases is that the very reasons for which the Supreme Court quashed the death penalty in 1972 still exist – it remains arbitrary and capricious! It is not reserved for the worst of the worst; not only might two people who committed similar offenses under similar circumstances received different sentences, but that sentence can also be considerably harsher than someone who committed an undeniably more horrific offense.

The Death Penalty and False Confessions

Putting aside my own personal opinion of the death penalty, considering only the purpose of the justice system: to find the truth, the death penalty creates more danger than good. Here is why: -

Prosecutors choose whether or not they will seek the death penalty. There is no higher power to guide or check this decision. When faced with a crime for which they would not normally seek death, (perhaps because they don’t believe the jury would so decide and therefore don’t want to waste the expense of a capital trial), the prosecutor might still put the death penalty on the table to entice the suspect to confess. “If you tell us everything we won’t seek death, you’ll get to live. If you don’t talk, you will be executed.” They might even go into the gory details of the death the suspect might suffer through – how they are paralyzed and then suffocated… I digress. The point is, it’s used as a bargaining chip.

Personally I believe this is wrong in and of itself. But some might say – if the suspect is guilty what does it matter why or how he/she confesses? So I ask you – what if the suspect isn’t guilty?

Think it doesn’t happen? Imagine you are brought into the police station and accused of brutally murdering someone. The night of the event you were alone at home, you have no alibi. There was an eyewitness who not only described someone who looks just like you, but also picked you out of a line up. (I’ll have to go into the errors of eyewitness’s another time, or I’ll digress again). The police interrogate you for hours on end. An intelligent person might ask for an attorney, “If you’re innocent what do you need one for?” comes the response, at which point many waive their rights. The interrogation continues. You tell them you need a bathroom break; they make you wait until you’re busting. By now it’s been hours since your last meal, they grudgingly throw you a can of coke. You are sleep deprived. And here’s where it comes: ‘You did it, didn’t you?’ – You’re no longer sure what to believe, you’ve by now heard so many details of the crime you feel like you were there. ‘If you tell us about it, tell us what you did, we will make a deal for you. Otherwise you could face death.’

And this is before the Prosecutor is involved. The police don’t have the power to make such a deal. You are sleep deprived and running on the sugar and caffeine from the coke, you’re thoughts are blurred and you just want them to stop. “I did it! It was me!” you break. Don’t know what you did? Don’t worry, they’ll tell you. ‘You broke into that house and you stabbed that woman didn’t you?’ Maybe you hesitate, this has gone too far. ‘We know you did it. There’s no turning back now, you’ve said it yourself. Now if you want to save your life, you’re going to have to tell us what happened.’ And so you follow the lead, hoping at the end there’s a bed where you can rest.

In the 2002 decision of Atkins v Virginia the U.S. Supreme Court acknowledged that the mentally retarded are susceptible to making false confessions due to their suggestibility and desire to please. The Supreme Court ruled it is Cruel and Unusual Punishment to execute the mentally retarded thus making it illegal. I believe though, that the risk extend beyond just those of a low IQ who are easily influenced. In a country without PACE (the British legislation governing powers of the police), trapped in an interrogation room, facing a reality of life and death, anyone can become easily influenced.

Perhaps I can make the situation all the more real to you with a true-life example. Take the case of Wayne and Sharmon Stock of Nebraska. In the late night of Easter Sunday 2006 they were murdered in their own home, each shot in the head. Initially their nephew, Matthew Livers and a friend of his were brought in for questioning. Matthew had a motive – there had been a dispute over money. The police interrogated them for hours. Matthew was given a polygraph test, he was told he failed. Eventually Matthew confessed, following police prompting. The next day, after some sleep, he recanted. “I was just telling you what you wanted to hear,” he explained. The trouble is – the damage is done. What jury is going to believe that an innocent person not only confessed to the crime but seemed to know so many details? Details the suspect likely heard about earlier on in the interrogation. More damning was – Matthew said he had been driving a tan car, not dissimilar to what an eyewitness said they had seen fleeing the crime, added to which he had had it cleaned within hours after his Aunt and Uncle had died. However, for a secure case, without ‘reasonable doubt’, the police need more. The CSI go over the scene and evidence again. All of a sudden one CSI, Mr. David Kofoed, finds a speck of blood in the suspect’s car. A speck of blood his coworker had apparently missed before. Low and behold the blood in the suspect’s car matches one of the victims.

Another item of evidence also turns up in this heated investigation – a ring, found in the kitchen of the Stock’s house, which belonged to neither the victims nor the suspects. The ring had an inscription, which lead the police to a Miss Jessica Reid. She’s brought into the police station and interrogated to within an inch of her sanity. Having established she was at the scene of the crime, they desperately want her to ‘admit’ that the other two suspects were also present. ‘I don’t know those men,’ she adamantly tells the police, pushing away the photos they keep thrusting in front of her. But the police are certain these men were involved, there’s DNA evidence linking them to the murders, and they want an airtight case. So they bring out the big guns: ‘Tell us the truth about these men and you won’t be executed.’ They have her attention. ‘You met them at the bar beforehand didn’t you?’
‘Sure.’ She agrees. She knows they have her, she was there, she witnessed her boyfriend, Gregory Fester, kill the husband and wife. Now all she can do is save her own life. She tells them whatever they want to know in order to protect herself from a possible death sentence.

Two men put on the chopping board so a guilty woman can save her life. All in the so-called name of ‘Justice’. But this isn’t how you find the truth.

Jessica confides in an officer from another district, “I don’t know those men. They made me say they were involved, but they weren’t.” And it all comes out – the drop of blood in the car tying the two suspects to the crime was planted by the CSI – he has been tried and convicted of this criminal act. Kofoed was famous in Nebraska for finding evidence when no-one else could, calling into question now every other conviction he had helped to obtain. He maintains he is innocent, and that perhaps the speck of blood got into the car by accidental transference during the investigation. Assuming he did do it, no one can believe it was a malicious act – he wanted to ensure two guilty men, whom he knew were guilty because of the confession, were put behind bars. However in so doing he perverted the course of justice.

So the bottom line is: people, whether innocent or guilty, will say anything that is asked of them in the face of death. Justice and the search for truth are not reliable under such circumstances. The only way to ensure their protection is to take such a bargaining chip out of the game.

Jazz Fest

7 days spread over 2 long weekends to celebrate: exceptional food, excellent music, and extraordinary crafts and culture. While the name may indicate the greatest draw to the festival is the music, upon attending it is easy to believe people (especially the locals) go just for the food! And oh how scrumptious the food is!

While I’d like to tell you the highlight of my first day at Jazz Fest (being the second day of the festival – Saturday, April 30th) was getting to see Simon & Garfunkel and hear Paul Simon sing ‘Diamonds on the Soles of her Shoes’ (one of my favorite songs ever), I would definitely have to clarify that it was my favorite part that day of the music side of the event. That morning I warmed up my taste buds with a serving of crawfish strudel. I initially had no idea what it was, but I knew I had to have it as I had been told it was a must by Rose (Sister Helen’s right hand woman). And so I beat my way through the crowds, lurching across mud and waited entirely impatiently at the one stand on the site which sold these delicious delicacies. I don’t really know how to describe it, except to tell you that I would have been quite content to keep eating them for the rest of the festival and give up trying anything else if it weren’t for the pleasured moans coming from around other stalls.

Other food I tried included: crawfish bread (a warm roll stuffed with melted cheese and crawfish meat), crawfish sacks (pastry sacks like dumplings stuffed with crawfish meat and fried) and crawfish Monica (a pasta dish with cream, Creole spices and …crawfish!) – are you sensing a theme? It continued naturally but I did branch away from it as well. I tired Boudin Balls (my least favorite of the event) which is effectively the meat of a white pork sausage rolled into a ball, battered and (as the Southerners so love to do with all their food) deep fried. And I began what I believe will be a lifelong addiction to fried green tomatoes! I also tried some ‘Jama Jama’ which is in fact sautéed spinach, and far more delicious than it sounds – a woman on her own had bought a plate of it and sat at a picnic table next to our little group. She picked away at it as I gobbled down my crawfish strudel (again) before asking her what it was – she told me, and offered me a taste. My eyes lit up, and my tongue began to dance – then she let me have the rest of the plate. And so I got my greens for the day.

As for the music – well I saw a whole lot of bands you probably won’t know, as naturally the Festival features up and coming local artists. But you may want to check out: Treme Brass Band, who, if you have been watching the latest HBO hit show “Treme”, you may recognize. And Trombone Shorty – who plays a variety of instruments not just the trombone, and doesn’t appear at all short, and he’s rather delicious, not to mention a phenomenal performer.

As I mentioned above, I saw Simon & Garfunkel which was quite an experience having grown up listening to their music. Garfunkel’s voice wasn’t up to scratch and while some criticized him for it, I think for others like myself it was just enough that he made the effort, turned up and gave it his all. It also allowed Simon to do some of his solo stuff which was rather special. It was funny because all day long it had been overcast and threatening to rain. We all kept hoping it would rain during the day so it would clear by the time they came on, and as we waited for them the threat seemed closer and closer to being realized. But the minute they stood on the stage, the clouds dispersed and the sun shone down. It was glorious.

For the second weekend I managed to get the Friday off to attend the Festival as my boss and his choir were singing in the gospel tent. It was so much fun to see him on the stage – he even did a solo – as if I didn’t admire him enough already. I also got to dance along with a group of strangers to Jose Feliciano and the Gypsy Kings. Aretha Fanklin was supposed to headline on one page but she cancelled supposedly because she didn’t want her vocal chords to be affected by the oil spill – on the road outside the gates someone had written “No R.E.S.P.E.C.T.” In her place Earth Wind & Fire played. At first I thought I didn’t know them, but as the set continued I recognized more and more songs, mostly from car journeys with my mother. And just to keep bragging – I also got to see Van Morison (who’s stage was almost completely gold, particularly his microphone stand) and listen to BB King – for reasons unkown to me he was put in a small tent which burst out onto the paths, so while I couldn’t see him for the crowd I could at least hear him. And he ended the Festival with “When the Saints go Marching In” – which as I may have mentioned before is quite a well loved tune in this football fanatical town.

Crawfest & Killer Caterpillars

Okay so back to that update I started a couple of months ago–

CRAWFEST

A day dedicated to gorging on delectable little red crustaceans that have been boiled alive in a Cajun mix of herbs and spices together with plenty of garlic, potatoes and corn on the cob, all the while listening to a variety of different bands on the grounds of Tulane University. It was a hot day at the beginning of summer, before the terror of humidity had set in. People were stripped down to the bare essentials soaking up the rays during the brief window of opportunity that allowed them to enjoy being outside in the heat. Beer was flowing, and through the strumming of guitars and blasting of horns you could hear people sucking the juices out of crawfish heads and off their fingers. It’s a very social meal, there’s little meat in each crawfish and for the unskilled it can take quite a few minutes to get what is there safely out of the shell and into ones mouth (and let me tell you, it can take a lifetime to become skilled at this practice), so to eat enough to fill you can take a few hours, all the while munching on the potatoes with garlic smushed on them, and nibbling spicy corn cobs. As if the food weren’t enough of a draw, the music is quite a spectical too. I went to see RiverLeft– the drummer is dating a friend of mine, and the lead singer did his PADI dive master at the dive shop on Utila where I worked as an instructor (small world). They are a great group, my favourite song of theirs is ‘American Girl’ – their website is: http://www.riverleft.com/fr_home.cfm if you want to check them out.

KILLER CATERPILLARS

Okay well they aren’t exactly killer but they’re close enough! Usually around February but this year in May (the delay due to our extremely cold winter) the Buck Moth Caterpillars assault New Orleans. The ceramic-esqu eggs are laid in batches at the top of oak trees. And once hatched, they eat their way through the leaves down the tree. They have even been known to strip a tree of all its leaves. The caterpillar’s spines are connected to poison glands, which when they make contact can cause burning sensations and painful inflammation, with the irritation lasting as long as several days and causing nausea. The problem here is that St Charles Avenue is lined on either side with numerous oaks – from which during this period caterpillars are known to drop and sting. I have to travel down most of the length of this famous and beautiful, though temporarily perilous, street to get to work and back each day. I braved the journey on my bike for a few days, until eventually I decided my luck would run dry soon enough and I had to decide whether to cover myself from head to foot in the heat for the hour long ride, or throw my hands up and get on the Street Car. I decided on the latter. And am happy to say successfully escaped the treachery of the buck moth caterpillars.

The Ethics of Anonimity

Just a brief break in my 'catch up' blogs to discuss a recent execution - Last night, or more accurately in the wee hours of this morning Ronnie Lee Gardner was executed in Utah by firing squad.
He is the third person to be executed by firing squad since the reinstatment of the death penalty in 1976. The other two, Gery Gilmore in 1977(who's famous last words were "Lets do it") and John Taylor in 1989, were also executed in Utah. Gardner chose the method of execution before it was banned in Utah and replaced in 2004 with the lethal injection, the law however was not retroactive. He is the first person to be executed in Utah for more than a decade. There are nine men still on death row in Utah, and four of them have also ellected to be executed by firing squad when the fateful moment arrives. Eight of the nine men were sentenced to death before 2004 (Floyd Eugene Maestas was sentenced in 2005, the most recent death sentence before then was handed down in 1994). No one can explain with any certainty the reason behind the preference - other than in the case of John Taylor who openly faced the firing squad in order to embarrass the State, and in that he was quite successful. Its a wonder then, why the selection has been allowed to continue, and how it is the world will percieve this archane method today - if indeed it notices at all.


Last night Gardner was strapped to a black chair, a hood was placed over his head, and a target pinned to his chest over his heart. Behind reflective glass sat media representatives and witnesses for the victim and defendant. As they watched a man die, Gardner saw neither their pain nor glee. Gardner's final words when asked if he had any were: "I do not, no." Five certified police officers who volunteered to be executioners stood behind a wall cut with a gunport. Each officer was armed with matching .30 caliber winchester rifles, one of which was loaded with a blank. This is so that each executioner can hold on to the belief that they may not have been the one to shoot the deadly bullet.
And here lies my question for the day - if you dont want to reveal your identity, and dont want to know whether you were the one to kill the bound and blindfolded man - why volunteer to be an executioner?

If the death penalty is justifiable - if executing a human being is the right thing to do - why hide behind anonimity? If no one is willing to stand openly in front of the inmate and witnesses and pull the trigger, or flick the switch, knowing full well what the consequence of their action will be - perhaps no one should be doing it at all.

The Utah Attorney General, Mark Shurtleff, "tweeted" his approval of the executioner - "I just gave the go ahead to corrections director to proceed with Gardners execution. May God grant him the mercy he denied his victims."
Why didn't Mr Shurtleff pick up the gun, it seems to me he might as well have been an executioner having given the order to go ahead with it. I pray that when his time comes God grants him the mercy he denied Gardner.

Guts and Glory

So it has been far too long since I last updated my blog. A lot has happened in the past two months, including:
Angola Rodeo,
Crawfest,
Stinging caterpillars,
Jazz Fest,
Home rebuilding in the Ninth Ward,
A visit to California.
And of course some interesting stuff at work too which has kept me very busy, so lets blame that for my lack of updates.
I don’t want to rush through all of this, so having given you an idea of what’s to come, let me now tell you about my experience at the ‘Rodeo’.


So, Angola as most of you will know is the name of the Louisiana State Penitentiary (I keep promising to write a blog about the prison itself – it has a very interesting history – but that will just have to wait a bit longer still). Twice a year the prison hosts a Rodeo. The inmates enter the arena to do the traditional bareback riding, bull dogging and barrel racing plus a few additional ‘games’ in which they risk their lives for the chance to win a few bucks against a raging bull. In ‘Convict Poker’ four inmates sit around a table ‘playing poker’ (I can’t imagine terribly well, if at all – they are probably gripping the cards in fear and anticipation of what’s to come, blind to the royal flush before them) when a wild bull is released into the arena. Last man in his seat wins. The game doesn’t last long – the bull instantly heads for the table, and it’s usually a matter of mili-seconds between who leaves the table when. Then there is ‘Guts & Glory’ – a poker chip is tied to the meanest bull of the day – the winner of the event is the first to get the poker chip. It’s the last event of the day, and quite unlike the rest which sees inmates attempting to remain in position if not running away – rather than trying to get close to the raging animal. Another unlikely sight about which I have heard is monkeys attached to sheep dogs, rounding up sheep in the arena… The Deep South is an odd place, Angola is just plain peculiar.

There is more to the event than the rodeo itself. In fact I only stepped in for a few minutes to see the arena over the hours we were on the grounds. I didn’t want to see the dangers the inmates (were practically forced to) volunteer for. At first I thought I had missed the worst of it as on my approach I saw inmates trying to climb on bare-back horses from barrels, until the arena was cleared except for a few inmates and a steaming, eager bull was released upon them. The bull rammed one inmate against the railings, lifted him up with his horns and tossed the man into the air like a mere rag doll, up he flew, and down he fell into a heap. Paramedics were brought in and the body was removed. “Our thoughts are with the inmate” a voice from above said, he wasn’t given a name, not even a number, he was just another entertainer. At that point I promptly left the arena again.

Outside the violence and mayhem inmates had set up stalls to sell various items they had made over the past few months. There were cow hide belts and leather wallets (which I couldn’t help but wonder – was that the last rodeo’s unappreciated bull?), there were silver bracelets, charms and rings, paintings and sketches, plants and rocking chairs, even bbqs! And everything was so carefully and beautifully crafted.
Once you had selected an item to purchase, the inmate selling it wrote you a ticket and put the item aside. You took the ticket to a cashier (a non-inmate) gave them the amount, they marked the ticket and made a note of who the money was to go to and how much of it the warden would receive. With your ‘paid’ stamped ticket you returned to the inmate and retrieved your bought item. “Why the complicated system?” I asked at my first purchase (because in the heat and the hustle and bustle of the day, it seemed unnecessarily and rather inconveniently complicated) “Because money is weapon or a death wish here.” I was told. And too true – many a man had served time for less than each might earn that day!

While most inmates were able to stand by their stall, shake a hand or two and hang out with some visitors. There was one ‘pen’ where inmates of a higher security level were held. Crammed in together in a horse-shoe shaped pen with tables encircling the outside on which their goods were displayed, they ignored the steaming heat as the sun shone down directly on them, and they clambered over and on top of each other, calling out for attention – a kind word, a smile, or if all went well, a sale. Of course I had to buy something from an inmate in the pen. But I chose a beautiful box, carefully crafted so the lid slid apart if you turned it in the right direction and four little pockets came sliding out – for a measly $25 too!

For those not in the pen, the rodeos provide an opportunity to visit with their friends and family without being under the constant watchful eyes of bored guards, and rather than a two hour restriction they could spend the whole day together, eating and chatting. As I approached one stall to look at some jewelry the inmate asked me “What kind of son would I be if I made my mother pay for a necklace after she’s made it all the way up here and spent $10 to come in and see me?” I looked at him, and the older, warn out woman standing beside him holding onto a chain and fleur de lis charm. “The bad kind.” I said.
“Who’s side are you on?” The mother spoke back. “Can’t you help a woman out?”
“He wants to give you a gift,” I told her “You should accept it as such. And tomorrow sneak some money into his prison account, and it wont be like you bought it from him.” Apparently satisfied with this solution, she put the necklace on and smiled at her son.

Apart from all the crafts, the guards and their family were also selling food. Anything and everything you can imagine and more – such as deep fried coke – yes you read that right. Have you ever imagined such a thing? Well I hadn’t and so for your sake alone a bought and tried it. It’s a doughnut batter with coke in it, made into little balls then thrown into a deep fryer and covered with cream – rich and no doubt heavy in calories (the things I do for you) and quite tasty… an experience, the once in a life time sort.

And that’s it for now my friends, unless you have any questions, or I remember something else. Next installment in a few days – crawfest and caterpillars.

All Things Green For Chasing Snakes

Well St Patrick’s Day was quite a spectacle in New Orleans! Another welcome excuse for a party – and of course, what is a celebration without more parades?! For the entire week people were dressed in green, and drinking green beer (I didn’t dare ask what made the beer green lest they shatter my happy delusion that it was merely food colouring).

The Saturday before the actual day there was a parade along Magazine Street, which in typical Louisiana fashion commences about two hours later than scheduled and lasted an additional few hours. The street was lined with crowds dressed in varying shades of green, eating green things and drinking green things – and downing green vodka jello shots (does that constitute eating or drinking?) The parade consisted of a number of floats throwing the usual beads and cups (which I again avoided as though someone were dropping bombs), and CABBAGES – well they are green after all…. And there were multiple men in kilts handing out green, orange and white paper flowers in exchange for kisses – it was the kilts that captured my curiosity! And during all this fabulous festive celebration of a snake banishing Brit turned Irish slave I don’t think I came across a single person who could claim a genuine direct and proximate lineage to Ireland. I made a feeble attempt claiming on facebook that I am in fact an eighth Irish thanks to my great Grandmother – which my Mother rapidly and publicly correct – it was in fact my great Grandfather… oops.

After a dozen or two beads encircled our reddening necks, a couple of green beers, and few rounds of cabbage football, our green clad gang headed to Nacho Mama’s for a Mexican meal served by American’s dressed as Irishmen… sometimes I think I’m Alice living in Wonderland.

On St Patrick's Day itself, I found myself again wearing green (soo not my colour!) clutching a beer wondering whether I would ever even step foot in the country I was at that very moment claiming legacy from... The place to be seen on Wednesday evening was the Parisole's Bloc Party. I'm not a regular of Parisoles, it generally looks like a bit of a sketchy place on the corner of nowhere. But for one night a year it is so popular you cant even make it inside! Its a wonder why the bother opening any other night of the year with the fortune they must rake on St Patrick's Day.... and Im not even sure how they are related to the celebration except that it has become a New Orleans tradition. And complain as I might, it was a fabulous night. Although it again ended with a mexican meal... but potatos are my least favourite food so its hardly surpising we weren't eating "Irish food".

Lombardi Gras and Cups and Ink

Who Dat? Who Dat! Who Dat Say They Gonna Beat Them Saints?
No one!
Who Dat? We Dat!

So the Saints won the Superbowl! Black and Gold Superbowl!

New Orleans has confirmed that pigs can fly and hell has frozen over because the Lombardi Trophy is ours!!! (Yes that’s right people, I said “ours” – I am including myself)
The Saints are all about “Faith” and “Believe” – the fans had Faith, they Believed – that against all odds our Black and Gold heroes lead by Breesus (Drew Brees) himself, we could win.

The Colts were a sure favourite to win. My friend Dr Beer was visiting from England, having arrived the day before, she did not have the faith. She looked on at our fan club which had congregated in Lucy’s Bar with concern, especially as The Colts lead 10 up in the first quarter. “We finish strong” we told her, repeating another Saint’s mantra, our confidence still holding strong. I won’t bore you with a play by play but it was an amazing game. We didn’t just win we kicked those horse shoe wearing blue boys out of Miami in style with a final score of 31-17!


I thought the Championship party was big. It paled in comparison to the way the city took off once the Superbowl was claimed. The streets filled with people. There were tears of joy, screams of jubilation, and bear hugs all round. We danced until dawn, quite literally. The clubs played the Saint’s unofficial anthem, Ying Yang Twins Stand Up and Get Krunk, every third song! (Incidentally, Krunk apparently means Krazy Drunk).

When the Saints returned home on Monday the road to the airport was blocked with traffic all the way to the city (and it’s a half our drive without traffic!) – they were given a hero’s welcome having raised New Orleans out of the ashes, “We aren’t victims any more. We are winners!” The Tuesday after the Superbowl was renamed “Dat Tuesday” and each Krewe from Carnival provided their best float to parade the team and trophy through the city for the fans which gathered. A first estimation count indicated 800,000 people showed up, we are pretty certain that’s only half because people watching from the surrounding buildings along the parade route weren’t included in the count. Most parishes in Louisiana provided an unofficial half day on Tuesday to allow people to drive to New Orleans to attend the parade – and of course most people hadn’t turned up to work on the Monday either, with some parishes having declared it a public holiday in anticipation of success.

This was not just a football game for New Orleans, it was a giant step in their recovery from Katrina. Drew Brees arrived in New Orleans after the hurricane, and immediately stepped in to help rebuild the community, now he has lead the Saints to victory at our first ever Superbowl and the city is bursting with pride. Even the ‘ladies what lunch’ are seen dressed in football jersesys! Breesus will never have to buy a beer or pay a parking fine in this town again. After parading around the town he went to Lucy’s Bar (the very place where I witnessed him claim the trophy) and shared his pre-game chant with the fans:

When I say “1” you say “2”
When I say “win” you say “for you”
When I say “3” you say “4”
When I say “win” you say “some more”
When I say “5” you say “6”
When I say “win” you say “for kicks”
When I say “7” you say “8”
When I say “win” you say “its great”
When I say “9” you say “10”
When I say “win” you say “again”
Win Again Win Again Win Again


And now For Something Completely Different-

Well, not so much really.

Mardi Gras was unofficially renamed Lombradi Gras in commemoration and celebration of the Saint’s Lombardi trophy success, and most Krewe’s had a float which in some way signified their pride in and love for the Saints. And a brass band or two marching along played “Oh When The Saints Go Marching In.”
Carnival is something quite incredible – hundreds of thousands of people line the streets – with arms out stretched looking skyward as floats roll by – begging for a “throw” – be it beads, cups, a soft toy, doubloons (which is essentially a big coin with the Krewe’s stamp on it), or for the Muses parade – SHOES!


Of course this can be rather dangerous – particularly for those as uncoordinated as little ol me! While watching a parade one sunny Sunday afternoon there was a shower of cups hurled at my direction, and as I went to cover my eyes with my arm a stack of no less than 10 giant plastic cups flew straight at my lips. My lower lip split and blood gushed forth. That was not the end of it – I was no more than 10 minutes latter struck across the face with a string of beads leaving bright red circles running diagonally across my face – which together with my swollen, bloody lip – I looked like I was in combat at war and was from then on for the duration of Carnival named “Rambo”. Needless to say I dodged and ducked any cups which came my way after that. However we caught so many beads it literally took two trips to get them home on Mardi Gras and my house is now beautifully decorated in them.
The rule with beads is – if you catch them, they’re yours. If you drop them – DO NOT PICK THEM UP. Some people scrounged the floor for the beads which slipped through peoples fingers – “tut tut, bad luck!” – true locals watching on would say (in an appropriately southern accent of course). This can result in some arguments when two hands go for one string of beads, but generally spirits are high and the argument will be more of a “No, really, you have them” kind than “they’re mine!” Because as we discovered – there are plenty to go around! I caught a pack of ‘Mardi Gras 2010 peanuts’ and someone offered to give me $10 for them! I don’t like peanuts so it was an easy thing to hand them over, but I couldn’t accept $10 for peanuts I was just fortunate enough to catch (I had in fact been reaching for a long set of white beads, but the bitch in front got them first when a pack of peanuts fell right into my outstretched hand). The happy couple taking the peanuts home to their mother couldn’t believe their luck – FREE PEANUTS FOR MAMA – and I made someone’s Mardi Gras – that was enough for me.

The other thing you may have heard about beads is that they may be claimed in exchange for flashing one’s breasts. This occurs of an evening down bourbon street. Literally everyone was doing it – except me, yes I am a prude. Its as though people leave their dignity etc parked on Canal St while they take a leisurely and mischievous jaunt down Bourbon – the kind of behavior which might be frowned upon elsewhere is openly accepted and expected here!

The funniest part of walking down Bourbon (which can occur most weekends but is especially prolific during Carnival Season) is the 'Bible Bashers' -Now Im a Christian so this is not a term I use lightly, but it is as though these men/women are quite literally attempting to bash passers by with their Bibles! Its all "God hates sinners" and "You are a sinner" and "God hates you" and "You're going to hell" - now correct me if Im wrong but didnt Jesus dine with prosetutes and tax collectors? Didnt he die for our sins?... not that im trying to get into a religious debate at this point, nor condoning prostitution etc... but I cant imagine God hating anyone for having a bit of fun now and then. I have to wonder if they ever have any "success" with their signs and shouting and practical stoning sessions, or indeed how the define "success".

Now naturally the police are around to ensure that while the debaucherie ensues nothing illegal occurs (such as drinking in the street, flashing, inapropriate public exposure etc). And I have never seen a picture which so perfectly sums up the NOPD as this one which I took on Canal St on Mardi Gras day - not only was he a tough guy smoking a cigar, he also drank cup after cup of coffee (no doughnuts or even beignet though) and spat huge gubers into the street! Oh and the best past was he would let people walk half way down the road so they were five steps from the nearest break in the barrier before shouting at them to turn around and go back where they came from "cos y'all cant come down here."

And Other News:

I was fortunate enough to have two fabulous friends D&G come and visit me for 3 weeks – they caught the end of Mardi Gras and the last of the terrible weather. But we had an amazing time together. Most of which included random nights out, occasionally leading to strip clubs on – you guessed it – Bourbon St. But we also heard some fabulous live music and ate some delectable delicacies.

Oh and D held my hand while I got a tattoo! Yes you read that right people – I GOT A TATTOO!! It is a fleur de lis on my foot – and I am still so in love with it I have to keep checking to make sure its real.

Of course there is much more to catch up on but this will have to do for now. Last week was so manic at work I did 25 hours over time, and I am now sick as a dog with a cough (why oh how did that saying come about – dogs aren’t generally sickly creatures).

Dear Miami

An article on nola.com which may only be apreciated by locals but i loved it so much I had to share it with y'all (if you click the title of this post it will direct you to the article, or I have copied the content below):-

Dear Miami: Get ready for the Who Dat Nation coming for the Super Bowl
By Mark Lorando, The Times-Picayune
February 01, 2010, 5:06AM

Dear Miami,

The Saints are coming. And so are we, their loyal, long-suffering and slightly discombobulated Super Bowl-bound fans.

While there's still time to prepare -- although a few hard-core Who Dats will begin trickling in Monday, most of us won't arrive until Thursday or Friday -- we thought we'd give you a heads-up about what you should expect.

First things first: You need more beer.

Yeah, we know. You ordered extra. You think you have more than any group of humans could possibly consume in one week. Trust us. You don't.

New Orleans was a drinking town long before the Saints drove us to drink. But it turns out beer tastes better when you're winning. (Who knew?) So let's just say we're thirsty for more than a championship; adjust your stockpiles accordingly.

And look. When we ask you for a go-cup, be nice to us. We don't even know what "open container law" means. Is that anything like "last call"?

It's Carnival season in New Orleans (that's Mardi Gras to you), and we'll be taking the celebration on the road. So don't be startled if you walk past us and we throw stuff at you; that's just our way of saying hello.

Oh, and sorry in advance about those beads we leave dangling from your palm trees. We just can't help ourselves.

February is also crawfish season, and you can be sure that more than one enterprising tailgater will figure out a way to transport a couple sacks of live mudbugs and a boiling pot to Miami.

When the dude in the 'Who Dat' T-shirt asks if you want to suck da head and pinch da tail, resist the urge to punch him. He's not propositioning you. He's inviting you to dinner.

And if you see a big Cajun guy who looks exactly like an old Saints quarterback walking around town in a dress ... don't ask. It's a long story.

We know that crowd control is a major concern for any Super Bowl host city. Our advice? Put away the riot gear.

Reason No. 1: Indianapolis is going to lose, and their fans are way too dull to start a riot.

Reason No. 2: New Orleans showed the world on Sunday that we know how to throw a victory party. We don't burn cars. We dance on them.

Reason No. 3: Even if we did lose, which we won't, leaving the stadium would be like leaving a funeral, and our typical response to that is to have a parade.

Speaking of which: If you happen to see a brass band roll by, followed by a line of folks waving their handkerchiefs, you're not supposed to just stand there and watch. As our own Irma Thomas would say, get your backfield in motion.

And hey, Mister DJ! Yes, we know you've already played that stupid Ying Yang Twins song 10 times tonight, but indulge us just one more time.

To us, "Halftime (Stand Up and Get Crunk)" isn't just a song; it's 576 points of good memories. It's the sound of a Drew Brees touchdown pass to Devery Henderson, a Pierre Thomas dive for first down on 4th-and-1, a Garrett Hartley field goal sailing through the uprights in overtime.

It's what a championship sounds like. You may get sick of hearing it. We won't. Encore, dammit.

Inside Sun Life Stadium, you may find your ears ringing more than usual. We're louder than other fans. Seven thousand of ours sound like 70,000 of theirs.

Don't believe us? Ask the 12th man in the Vikings huddle.

Some people think it's just the Dome that heightens our volume. But you're about to discover a little secret: We can scream loud enough to make your head explode, indoors or out.

It's not the roof. It's the heart.

Well, OK, and the beer.

Don't be surprised if there are more Saints fans outside the stadium than inside. A lot of us are coming just to say we were part of history, even if we can't witness it up close. The Saints are family to us, and you know how it is with family: We want to be there for them, whether they really need us or not. Because we know our presence will mean something to them, whether they can see us or not.

Come to think of it, seeing as how you're taking us in for the week, we pretty much regard you as family, too. So we're warning you now: If you're within hugging distance, you're fair game.

Hugging strangers is a proud Who Dat tradition, right up there with crying when we win.

Most sports fans cry when their teams lose. Not us. We've been losing gracefully and with good humor for 43 years. Tragedy and disappointment don't faze us. It's success that makes us go to pieces.

Hurricane Katrina? We got that under control. The Saints in the Super Bowl? SOMEBODY CALL A PARAMEDIC!!!

So anyway, don't let the tears of joy freak you out. We're just ... disoriented.

OK. Let's review:

Order more beer. Throw me something, mister. Suck da heads. Wear da dress. Stand up. Get crunk. Hug it out. Protect your eardrums. Pass the Kleenex. Hoist the trophy.

See you at the victory party.

Faithfully yours,

The Who Dat Nation

WHO DAT?!?!

As you step out of whatever vehicle brought you to New Orleans and take in a deep breath of deep fried southern air, the infection begins. This is a Who Dat nation where Who Dat fever runs rampant. Symptoms include a tendency to favour the colors black and gold, and a turrets like tendency to spontaneously shout “Who Dat!” or sing “When the Saints go marching in”.


It’s a well known fact that American’s love (American) football. But no-one could possibly love their home team as much as New Orleans loves the Saints. Every shop window is dressed in black and gold, every street band plays ‘When the Saints go marching in’. And when the Saints play, the whole city stands still.

Last weekend (January 24) was the NFC Championship Game. New Orleans Saints versus Minnesota Vikings. Whoever wins goes to the Superbowl. In all their history, the Saints have never got this far in a season. Kick off was about 5.30 Sunday night. The party began Saturday morning! The streets were full of people decked in their team colors – black and gold with a spattering of purple from fans brave enough to show their allegiance to the Vikings.


A few friends and I met up Sunday lunch time to go ‘tailgating’. Basically people drive to the Superdome, and host a party out of the trunk/boot of their car. Music blasts, beer flows and the scent of BBQs waft on the breeze. We even saw one massive trailor with a built in tv to the side!

Its all taken very seriously. The whole city was one massive party, with every citizen announcing their allegiance with spontaneous bouts of “Who Dat! Who Dat! Who dat say gonna beat them Saints?” We also heard a remix of “There is a House in New Orleans” – “they call the Superdome!”.
We then made it to a cute little ‘sufers bar’ (interesting theme given the lack of surf spots) on Magazine Street to watch the game. Every bar was overflowing. The streets were unusually quiet as everyone hovered around a tv to watch the game, tumble weeds may as well have been rolling down Bourbon St! It was a close game and went into overtime. I cant tell you how tense the atmosphere was! When the Saints kicked the winning goal the city screamed with joy in unison. We wandered to Canal St where traffic was at a stand still, horns were honking, music blasting. We ran between cars high-fiving every driver. People were dancing on bonnets and roofs. I have never seen anything like it! We eventually made it to a club on Bourbon St and danced the night away with celebratory calls of “Who Dat!” thrown in frequently.

To give you an idea of just how crazy the town has gone here are some of the front-page headlines during the week following the win:-
The Times-Picayune answers demand for 'Super Saints' edition
New Orleans Saints as NFC champions only story in today's 'Louisiana roundup'
Super Bowl day-after? Schools consider canceling class
New Orleans Saints fans win Super Bowl lottery
Super Saints newspapers will be available again today ... until they sell out
New Orleans Saints will win Super Bowl; Mayor Ray Nagin is betting on it
New Orleans Saints have President Barack Obama's support, despite political downside
Alla, Carrollton and King Arthur Mardi Gras parades adjusted for Super Bowl
President Barack Obama says he's pulling for the New Orleans Saints in the Super Bowl
Forget Miami; the Super Bowl party is here
New Orleans Saints' first Super Bowl trip is a moment to savor: An editorial
Only a football game? Don't tell New Orleanians: Jarvis DeBerry
Saints fans opening their wallets for Super Bowl tickets
New Orleans Saints going to Super Bowl has distracted residents voting early
New Orleans Mayor Ray Nagin still trying to land Superbowl tickets
NFL halting sales of 'Who Dat' merchandise, station reports

The last one - ahh the current controversy! The NFL are claiming they own "Who Dat" - of course New Orleans claim the people own it. Its not only associated with The Saints but with the city itself. So now there is a copyright issue up in the air. Shops have been told to stop selling merchandise with "Who Dat" on it - a hard request to fulfil given the state of affairs - and so it seems there are far more tshirts, baseball caps etc declaring Who Dat than I ever noticed before.

And if that weren’t enough – here is a Court Order indicating just how seriously New Orleans takes The Saints and their win:-

For those of you who cant read it: "Considering the historic victory of the New Orleans Saints, the Court finds that the trial will not be able to proceed as originally scheduled. The Court takes judicial notice that the Saintsmania permeates the City of New Orleans. Many perspective jurors for the Parish of Orleans, several attorneys involved in this litigation and Court personnel plan on travelling to the promise land- the Superbowl in Miami, Florida. The Court recognizes that his pilgrimage enhances the chances of the Who Dat Nation to aquire the long sought after Holy Grail - the Vince Lombardi Trophy"
http://abovethelaw.com/2010/01/who_dat_needs_a_continuance.php

Oh and I just found this which I have to share with y'all cos its so damn cute and funny:-
http://www.nola.com/superbowl/index.ssf/2010/02/who_dat_fever_extends_to_st_ta.html
"In honor of the Saints, who will play in their first-ever Super Bowl in Miami on Sunday, the parish Department of Animal Services will hold a special Black-and-Gold Adoption Day on Saturday. All black or tan/yellow/gold animals can be adopted for half the regular adoption fee, the facility has announced. And anyone walking into the shelter wearing black-and-gold Saints colors may adopt an animal for half price."

Decline in Executions

www.nola.com is the website for our local news over here. I think its run by The Times-Picayune which is our local paper (I should really find out how they came up with that name..hmm). Yesterday Michelle Krupa and Katy Reckdahl wrote an article about the death penalty in Louisiana, the headline read “Louisiana has seen dramatic decline in executions, in line with national trend.”

“The dramatic decline in Louisiana executions since 1987, when the state briefly led the nation in that statistic, comes at a time when, nationally, both executions and the imposition of new death sentences have waned significantly.” At one point the States were sentencing over 300 people a year to death, in 1999 284 people received a death sentence, in 2009 it dropped to 106.

Krupa and Reckdahl open by saying that in 1987 eight men were executed in Louisiana over a brief span of eleven weeks. But last week’s execution of Gerald Bordelon (see previous blog for details) was the first in 8 years, the prior execution being in 2002 of Leslie Dale Martin executed for the rape and murder of Christina Burgin committed in 1981.

The long wait between conviction and execution, they say, can be “interminable” for victim’s families. At this point I would like to interject that it is not only the appeals process which takes so long but also the trial itself! I know of one person who has waited 4 years just to be tried for the crime which keeps him incarcerated!! For four years he has been locked up in prison without a single judge or peer having declared him guilty of anything.

To be fair they go on to write about the importance of caution when a person’s life is at stake. According to statistics they have received from the Capital Appeals Project, 50% of cases heard by Federal Judges since 2000 have been sent back to trial court for new trials. I too have been playing with state statistics and came up with these numbers :-
60% of death row sentences handed down in Orleans (the parish which contributes the greatest number of inmates to death row in Louisiana) are amended at the direct appeal level. Of the 37 people who have received the death sentence in Orleans – 11% have been executed, 16% have been exonerated, and 49% have had their sentence commuted to life!
In Louisiana on the whole, 213 people have been sentenced to death since 1978, of which 12% have been executed. 45% have been exonerated or had their sentence commuted. A mere 40% remain on death row, and may still be successful in appeals and reduces that proportion further. (For those mathematicians out there wondering what happened to the missing 3% - they died while on death row).


The article goes on: the Louisiana Supreme Court has set up a committee to examine the appeals process for all sentences. Cheney Joseph sits on this panel and expresses a desire to speed the process up, thankfully he explains, “so that error can be identified as quickly as possible”. A comment further supported by Chief Justice Kathy Kimball who clarified “the committees aim is not to hurry up and execute people.” This is more favorable to our cause than the proliferate argument for Louisiana to adopt a system more in line with that of Texas who proudly leads the country in execution rates, killing off their inmates at a steady rate and with much less ‘delay’ between conviction and execution. Since 1978 1,191 people have been executed in the United States, 38% of those were in Texas. In 2009, 52 inmates were executed throughout the country, Texas was responsible for nearly half of them. (For those of you who may be wondering by now what the significance of 1978 is – it is the year the Death Penalty was re-instated in the United States – more about that in another blog to come).

The director of Capital Post Conviction Project Louisiana is quoted, indicating the most important factor in the argument against aligning our system with that of Texas: they executed an innocent man, namely Cameron Todd Willingham. Willingham was executed in 2004 for the murder of his three children in a house fire, forensic experts have determined it was an accidental fire with no one to blame. (http://www.newyorker.com/reporting/2009/09/07/090907fa_fact_grann)

In the article the lengthy process in Louisiana is credited to the State providing defense lawyers sufficient time to carry out their work effectively. The reduction in sentencing nationwide, they say, reflects not only juror attitudes, but a steep reduction in the number of cases in which prosecutors seek the death penalty.

The District Attorney in Calcasieu Parish say they seek the death penalty less often having given consideration to the toll it takes on the victim’s family when a case is reversed and has to be retried. Surely the DA’s office wouldn’t prosecute an innocent person, why therefore be concerned with a guilty verdict being overturned? If the defendant is guilty and the prosecution and police have played by the rules there would be no reason for a judge to grant the inmate a new trial!

A further factor worth considering which is not raised in the article is this: District Attorneys are elected officials. Much like the politicians in England, being seen to be “tough on crime”, was a sure and simple way of securing votes – and what could possibly be more ‘tough on crime’ than the death penalty? If the DA’s office is not committing themselves to as many death sentences as before, perhaps it is because they no longer hear the demand for blood from the election pool. This leads on to the possibility that there is no longer such great public support for the death penalty. And if that is the case, the State should consider abolishing the death penalty altogether, as the Supreme Court have before said they cannot abolish it while the general public continue to support it – if the support is no longer there, it follows that the requirement to keep it ceases to exist also…. Just my thoughts anyway.

Juxtaposing my inference that the general public no longer support the death penalty I’d like to share with you some comments made on www.nola.com following the publishing of the article mentioned above. (My additional comments in blue):-

Death by lethal injection seems like an "easy way out" to me for criminals of brutal crimes. Get the injections, then go into a deep sleep and die, how easy is that?
(Actually not easy at all – we don’t know for sure what they feel, obviously, but they aren’t actually ‘put to sleep’ per say, its more like they are paralyzed while their hearts are stopped and lungs fail…)

Personally I was always for the death penalty but realized that was too easy. When a criminal is found guilty and realizes he'll get life in prison they'd rather die. Why give them what they want. Can you imagine what your life would be in prison with no chance of parole? I've said most of my life, if someone is sentenced to a certain amount of time in prison, lock the door, slide food and water in, hose it out every now and than and give them books to read, nothing else. Let it be so bad that they think about what they did to get there and never want to go back when they get out. Won't happen, we have too many bleeding hearts in charge of this coutry for that to happen. Our prisoners are treated better than many of our law abiding citizens. Go figure huh!
(Does this mean I’m a bleeding heart? I’ll take that badge and wear it proudly! As for prisoners being treated better than law abiding citizens, my next blog will be about the State Correctional prison – its not pretty or an easy life – in short the wardens philosophy is ‘work them hard during the day so they’re no trouble at night’!)

I vote for an express lane from court room conviction to the table. All of the appeals that stop execution only leave felon's in jail, in prison, for the rest of their life. At the end of the day it cost the tax payer
(Umm… there’s actually another comment next about the tax argument, I’ll leave it to him)

You know if you burn shoplifters alive in Jackson Square every week, that too will have a dissuading effect on shoplifting. Why not hang all criminals? This logic is flawed. Also: too many people have been exonerated. If one innocent person is murdered by the state, that's not acceptable. Perfect punishments inside an imperfect judicial system is nuts. Also: I'd rather die than spend the rest of my life in solitary. I'd compromise by implementing Supermax-style treatment for convicted murderers.
PS: All those money worshiper sin our society using the financial argument for capital punishment (e.g. get rid of appeals and kill them quick because it costs less money): that's just sick and depraved. The people that use the financial argument for expedited capital punishment are the same people who would deny health coverage to low-income children if it mean paying less taxes. That's a depraved stance
(Don’t really agree with the whole “supermax-style treatment” or let them live because its worse than dying… but at least he’s apparently against the death penalty! And those arguing on the basis of tax – “a depraved stance” – that I like!)

one execution isn't enough Gerald Bordelon need to executed for
the brutal rape and killing of his step-daughter he did the right
thing by waving his appeals and so should Len {Scumbag} Davis
They need to use that execution chamber at angola at least once
every six months to send a message to all killers baby raptist
woman raptist / boy raptist/ and especially on any-one who
commit domestic violence against there wife or husband or live-in
spouse by murderer
(Pretty sure being a “raptist” of any kind isn’t a crime in this ‘free country’….)

The death penalty is not per se immoral, but we ought to end it in favor of life without parole. The government has no business killing people unless it's in a just war.
(Again, don’t entirely agree – pretty sure (in fact, certain) the death penalty is immoral – but yay another one against the death penalty!)

I'm pro capital punishment. Anyone who's read a few of my posts might say I'm right of Genghis Khan. But if this is true..."Since 1989, seven men have left Louisiana's death row as free men after they were exonerated based on DNA and other evidence." ... It gives me pause. A free society should err on the side of freedom
(This guy might think he’s pro-capital punishment, but it looks to me that if he is properly educated about the system currently in place (and the fact that as the system is run by humans it is impossible to ever ensure it is without error) he will join our team in no time!)