Sunday, November 28, 2021

Why I Now Oppose Capital Punishment

Just this month, Oklahoma Governor Kevin Stitt granted clemency to a Julius Jones, reducing his death sentence to life in prison without the possibility of parole.  Jones had been convicted in the 1999 shooting death of a businessman, during a carjacking.  Not surprisingly, Jones claimed that he was innocent.  I am not familiar with the underlying facts of the case, beyond the few words stated here.  And while I believe that such a crime is deserving of the death penalty, I nevertheless believe that the Governor made the right decision.

Also this month, I saw that the two men convicted in the killing of Malcolm X were recently exonerated.  Malcolm X was killed in 1965.  But evidence was disclosed that the NYPD and FBI withheld key exculpatory evidence.  While both men were released from prison (one in 1985 and one in 1987) they had to live with the stigma of being convicted murderers.  One is now 83 years old, while the other died in 2009.

And, in a case much closer to home here in California, is the story of Craig Coley.  Coley was convicted of killing 24 year-old Rhonda Wicht and her 4-year old son, in Simi Valley.  Coley had dated Wicht for two years, but they had recently broken up before the murders.  And a witness said they had seen Coley and his truck at Wicht's apartment building after hearing a disturbance.  Coley was promptly arrested.  The young police officer who was directed by a superior to arrest Coley has since become a dear friend.  But, Coley ended up serving 39 years in prison for crimes he did not commit.

In November, 2017, former California Governor Jerry Brown issued a full pardon, declaring Coley to be innocent of the crimes for which he was convicted.  The dedication of a single detective, Michael Bender, ultimately led to the discovery of evidence which, through DNA testing, showed no sign of Coley's DNA.  Furthermore, three officers testified that the original investigation was mishandled at best, or that Coley was framed at worst.  

But for the dedication of Detective Mike Bender, who saw problems with the case from the beginning, and but for his tireless pursuit of the truth for years and decades, Coley would have died in prison.  (The arresting officer is of the belief that the prosecutor was not getting favorable responses from the jury pool with regards to the death penalty, and therefore sought life without parole.)  Coley has made peace with that young officer who arrested him on the orders of a superior.  That same officer also helped Detective Bender in his investigation, whenever possible.

I do not know how many detectives like Mike Bender there are in police departments across the country.  I do not know how many police officers and detectives will spend as much time as necessary to learn the truth about a suspected criminal, in order to see that justice is done.  I certainly hope that the vast majority of officers would do that.  Coley got out of prison at age 69 or 70, after 39 years in prison.  The state paid him a settlement of $2 million, and Simi Valley paid him $21 million.  Thankfully, he gets to live out his remaining days as a free man, without any need to worry about how he will support himself after 39 years behind bars.  A death sentence would not have allowed for any of this to happen.  That injustice would have been irrevocable.  And unacceptable.   

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