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Tom Walker, Malcolm Bernarde Taylor, Alicia Martinez, Jeffrey John Wallace: Murdered By Judicial Lenience in Colorado

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All sorts of uninformed people, like governors and editorial writers, complain that we put people away for far too long. Judges whine that their hands are tied because of the horrors of minimum mandatory sentencing.  Even conservative anti-government types, often egged on by the statistical fibs and confabulations of the pro-pot-libertatian-wing of their movement, see the prison system as a bloated bureaucracy ripe for slashing.

They don’t know what they’re talking about.  They have no idea what it takes to end up in state prison, and what types of animals will be released by their careless demands for “reform.”  Chatter about emptying the prisons and creating even more (yes, we have plenty already) “alternatives to incarceration” leave the defense bar giggling into their thinning ponytails in anticipation of all the serial sex offenders and vicious adolescent gunmen, and murderers they’re going to be getting off in the next few years.

Let’s meet a few:

Lonnie Hyram Johnson, Utah

Lonnie Hyram Johnson won a sort of trifecta from judges who seem only to have been merely amused by his propensity to rape children.  First, in 2006, some judge in Washington State gave him less than a year to serve for raping a teenage girl.  After that, other child victims — his niece and her cousin — came forward to report that Johnson raped, sodomized and molested them repeatedly between 2001 and 2006.  He faces 20 felony counts, with lifetime sentences.  But despite the fact that he served time in Washington, apparently without any problems, Utah has declared him too competent for civil commitment but too incompetent to stand trial due to a “cognitive disorder.”  What’s that?  A cognitive disorder could be, say, fear of spiders.  Or mild depression.  So Lonnie Johnson might be slightly depressed at the thought that there could be spiders in prison.  And no little girls to rape.  So he’s being released.  Next stop: Salt Lake City.

Onto Denver:

Edward Romero, Colorado

Ah, the joys of alternatives-to-incarceration. States like Colorado save big bucks on their prison budgets.  Plus, with all those tax dollars being shoveled through Eric Holder’s “Prisoner Reentry” cult, there’s lots of money in not putting people into prison these days, lots of loud activist groups on the ground drawing those federal dollars to “educate” and “rehabilitate” and “job train” these offenders back into states of goodness and light (and then, of course, to report back to the in-house bean-counters that their rehabilitation programs are roaring successes).  Everybody wins, sort of.  All these guys needed was a hand up, right?

Edward Romero, for instance, got a hand.  In fact, thanks to the good state of Colorado, he got an entire body, Alicia Martinez, a sixteen-year old girl he kidnapped and mutilated.  The authorities asked the media to not report the details of the crime because the young woman had to be identified through dental records.  Romero was under “intensive supervised probation” for a serious previous crime when he killed Martinez.  What’s one young girl’s life really worth?  After all, the state saved some $30,000 a year by not putting Romero away.  And isn’t that what really matters?

Is it unfair to paint the whole system red because of one rogue mutilator? But wait, there’s more.  The Denver Post compiled a list of ten probationers who committed murder or attempted murder while living the dream of alternatives-to-incarceration.

David Thomas Orton

David Thomas Orton.  Nice guy.  Beat his wife, terrorized his children, got probation, then shot at the cops.  Charged with ten counts of attempted murder.  It’s nice to see prosecutors using the attempted murder charge: there’s no point in awarding leniency just because you have bad aim.

Christopher Rodney . . . no, wait, Denver Judge Edward Bronfin

Heck, let’s just show the judge’s face.  Judge Edward Bronfin apparently decided to believe that four months in prison was adequate punishment for Christopher Rodney after Rodney nearly beat a man to death:

Denver Police arrested Rodney in 2009, charging him with a vicious, random beating and robbery. It was a crime that landed him a 6 year prison term but a Denver judge released him in just 4 months.  Rodney confessed to the Nov. 8, 2009, assault on a man who had just gotten off an RTD bus at a downtown bus stop.  A videotape obtained by CBS4 shows Rodney and a second suspect attacking their victim from behind at the Denver bus stop, pummeling him with fists and feet until the man lost consciousness. Rodney stole the man’s cell phone.

On June 1, 2010, court records show Rodney pleaded guilty to robbery and assault for the 2009 case. Citing the extreme violence and the random nature of the crime, Denver prosecutors asked the judge to sentence Rodney to 8 years in prison.  Denver District Court Judge Edward Bronfin sentenced Rodney to 6 years in prison and agreed to allow him to return to court in 4 months for a sentence reconsideration hearing.  Rodney was back in Bronfin’s courtroom Oct. 15, 2010. He had been imprisoned for 4 months of a 6 year prison term. Bronfin decided Rodney had served enough time. The judge cut the inmate’s sentence from 6 years behind bars to 3 years probation and Rodney was freed.

Now that’s the kind of judicial performance that wins brownie points with Eric Holder’s Justice Department.  After all, Christopher Rodney was only 19 when he got himself caught up in this “attack an innocent person getting off a bus and beat them into unconsciousness” thing, and Holder is hellbent on making sure young men don’t get “caught up” in the criminal justice system.

But it looks like Rodney would have better off in prison:

The next time the judge and prosecutors heard from Rodney was this week when he was arrested for the murder of Jeffrey John Wallace, 4 months after Judge Bronfin ordered Rodney be placed on intensive supervised probation and released from prison.  “I don’t know what the judge’s reasoning or thinking was behind the sentence reconsideration. And we’re horrified when we see previous defendants come back around under these kinds of circumstances. It’s a bad day,” said [Denver DA Spokesman Lynn] Kimbrough.

Judge Bronfin is refusing to explain his sentencing decision.

And how does the judge get away with not explaining himself?  A life was lost because he indulged in some fantasy that he was saving poor, misunderstood Christopher Rodney.  Rodney apparently wrote a long, plaintive letter to the judge, talking about his dreams and plans and saying he needed a second chance to make his life better:

“I would really like a second chance to live in the society like a regular person,” wrote Rodney. “I want to be a regular upstanding citizen in the society that takes care of real responsibilities . . . I am sincerely sorry for all the trouble and problems I caused. So in saying all that I would really appreciate a chance to do what’s necessary to change my life and be successful,” wrote Rodney.

When judges indulge themselves by imagining that they are heroes, rescuing the downtrodden, and something of course goes horribly wrong, there are only two possible  choices.  They can acknowledge that their narcissism cost someone a life, or they can hide and pretend it didn’t happen, denying the value of all victims’ lives.  Any judge who chooses the latter should be forcibly removed from the bench.  Are victims worth so little?

Apparently so.

What really happens is that judges whose self-indulgence cost lives often end up becoming more and more radicalized, deifying defendants in order to legitimate and cover up their own fatal mistakes.  There’s a huge reward system in this choice — honors from the offender-centric law school world, kudos and election support from well-heeled anti-incarceration activists, affection and free passes from many in the media, and thanks from the radical budget-cutters and sundry reformed former felons on the Right.

Plus, you get to feel persecuted: “They’ve got it in for me, you know” you can whisper over the rim of your chardonnay glass at the next A.C.L.U. Awards Banquet.

It’s a nice life.  Nicer than being strangled to death by Christopher Rodney, for sure.

But there’s more wrong with the system than judges who look in the mirror and thinks they’re seeing Gregory Peck.  When we talk about “alternatives to prison,” we’re frequently talking about parole and probation systems that are nothing more than a colossal joke.  Everyone knows this, but nobody does anything.  Given his magic candy-bar second chance, Christopher Rodney immediately capitalized on it by embarking on a consequence-free course of complete disregard for the terms of his parole:

He missed mandatory treatment, tested positive for marijuana, got into a car wreck while fighting with his brother and punched a wall during an argument with his girlfriend. All the incidents were known to his probation officer; none was enough to get that officer to seek revocation.

Yadda yadda yadda.  The system was teaching Christopher Rodney to assume that authority is illegitimate.  Good thing he didn’t end up shooting a cop.

Like Aaron Davon Williams did:

Aaron Davon Williams, 20, was convicted of burglary for breaking into a Denver home in 2009 and sentenced to two years of probation. A judge revoked his probation Jan. 14, after a probation officer reported that he found guns in Williams’ home and that Williams shoved a probation officer during a home visit.  Police say Williams shot an Aurora police officer in the leg after a traffic stop March 17. Williams then fled to an apartment building, where he held a family of four hostage.  He was shot after he exited the apartment through a window. Police say he was holding a handgun when several officers fired.

At least that cop survived. Deputy Sam Brownlee, shot by yet another special parolee, Ruben Reyes, did not.

Ruben Reyes

Reyes was granted mere parole after trying to kill a passerby in a road rage incident.  He beat the man and tried to run him over.  What does it take to receive a prison sentence?  Apparently more than that.  He was a known gang member with a long criminal history:

Reyes has a criminal history, including July convictions for resisting arrest, disorderly conduct and underage drinking in Morgan County, according to Colorado Bureau of Investigation records. He was convicted of felony menacing with a real or simulated weapon in February.  Reyes, who went by the street names, “Demon” and “Smiley,” also had previous arrests for assault causing serious bodily injury and driving under the influence of drugs, according to CBI records.

So none of these things landed him behind bars, and now an innocent police officer is dead.  Reyes is the type of offender whose record gets erased over the course of multiple decisions to drop charges.  This behavior enables academicians to make claims that X% of young men are behind bars for “only burglary,” or “only fighting,” or “only drugs” and should be freed, and people (and politicians) believe them.  This thug seriously wounded at least two people and tried to kill one of them before murdering a cop.  Still his family got together with anti-incarceration activist Denver Attorney Michael Evans and tried to sue the city for “causing” Reyes death.  It’s worth reading this exchange, if only to let the sheer perversity wash over you:

The attorney for the family of a man who shot and killed a Weld County Sheriff’s deputy demanded an apology from Sheriff John Cooke for the killing of the gunman . . .Denver attorney Michael Evans sent a notice early this week to Cooke and to the Greeley and Evans police departments warning that Rueben Reyes’ family could file a civil lawsuit for $250,000 plus punitive damages unless they could reach a settlement.. .  .After Cooke said the notice was an attempt to make money, attorney Evans sent the e-mail letter to the sheriff, stating: “This case is not about the money. Its (sic) about the value of human life, or the complete disregard for it.”

The attorney then told Cooke the Reyes family has agreed to release the sheriff’s office from any civil lawsuit if the sheriff takes the following actions:

1. You will write a personal letter to the family apologizing for the loss of Mr. Reyes;

2. Promise to correct your agencies (sic) policies and procedures (which even your own investigative review panel agrees are faulty);

3. Discipline or terminate those individuals who are responsible choosing not to act to save Mr. Reyes’ life at the scene.

Cooke said of the letter written to him: “It’s very unethical to send me an e-mail like that. He knows I have an attorney, and they know they should deal with my attorney and not directly with me.” . . . Attorney Evans set a deadline of 5 p.m. Friday for Cooke to take action on the demands, and “If you don’t accept, then I guess you would have to agree that its (sic) really not about the money after all.”

What a tool.  But I digress.

Among the ten Denver parolees re-arrested for murder or attempted murder, five of them took innocent lives.  Kevin McGregor shot football player Tom Walker during a robbery in Boulder.  McGregor had been released early from prison by yet another Denver judge:

More than two years before Kevin Michael McGregor was accused of fatally shooting a University of New Hampshire football player during a botched robbery on University Hill, he helped rob a man in south Boulder by stabbing the victim in the head, police reported.  He was convicted by a jury in that case of charges including second-degree assault and third-degree assault, and he was sentenced May 22, 2009, to five years in prison. But he asked for a sentence reconsideration 120 days later, and on Jan. 11, 2010, Boulder County District Court Judge Gwyneth Whalen agreed to allow McGregor to leave prison and instead serve a three-year probation sentence.

Kevin McGregor

McGregor took an innocent life, that of a brave young man who tried to rescue a young woman who was being robbed at gunpoint by McGregor.  He’d previously stabbed a victim in the head during an armed robbery.  What is the matter with judges in Colorado?

New Hampshire football player Tom Walker, slain by paroled felon Kevin McGregor

Judge Whalen isn’t talking, either.  McGregor’s attorney argued that he had learned his lesson, that he was improving himself, and that, if he stayed in prison, he might be the victim of violence.  The judge believed him, and Tom Walker died:

[Attorney Keith] Pope . . . argued that his client should be let out of prison because the Boulder County Probation Department recommended McGregor be sentenced to community corrections based on his minimal criminal history, stable employment history and need for substance-abuse treatment.  ”The Probation Department further noted that Mr. McGregor had been compliant with the conditions of his bond prior to trial, had been attending community college and had expressed remorse for his involvement in this matter,” according to a motion filed for McGregor’s sentence reconsideration.  McGregor, who was 19 at the time, had not been a problem while in jail and prison, suggesting “amenability to community-based sentencing,” according to the motion. And if McGregor stayed in prison, Pope argued, he would be “prone to victimization” because of his youth.

You see, he was young, which worked in his favor.  And a drug addict, which worked in his favor.  And a potential community college student, which worked in his favor.  In the sickening world of mitigation, absolutely everything works in defendants’ favor.  Even the fact that they committed an horrific crime is transformed into a learning experience:

[A]unt, Sue Petracek, wrote in an e-mail that she believed McGregor’s eyes had been opened “to the pitfalls of some kinds of loyalty” through his recent experiences, and he was ready “to take responsibility for what he makes of his life going forward.”

How nice.  Another relative shamelessly made up stories about McGregor’s kindness to animals (you know, except the human animal into whose skull he drove a knife):

Family members supportive of McGregor’s release wrote letters for the court at the time of his sentence reconsideration, saying he was a man with “very strong core values.”  ”His compassionate nature is really expressed when he deals with children and animals,” McGregor’s aunt Sandy McCallister wrote in an e-mail. “I know Kevin to be very responsible and trustworthy. Kevin understands the value of family and good friends and has always had a respectful, sensitive, happy nature.”

~~~

So how much did this orgy of judicial lenience end up costing Colorado taxpayers? That’s ten crime scenes; five murders; five death investigations; four potential death penalty trials (one killer was shot by police).  Plus life behind bars for the surviving four killers; medical bills for one suspect; medical bills for two police and two victims wounded by gunshots, including a severely wounded cab drive shot in the chest; medical and counseling bills for several other surviving victims, including child hostages; two attempted murder trials, and long (hopefully life-long) incarcerations for the two surviving attempted murderers.

Plus, defense lawyers for the six surviving defendants, whose lives are over, for those who care.  The other four defendants’ lives are literally over.

Not to mention the pain and suffering of the survivors, and the hell the murder victims’ families will now endure as they spend the rest of their lives sitting like ghosts in courtrooms watching the legal system enact its criminal-centric charade.

Let’s see the savings in that.

Rwanda and Columbine: The Politics of Forced Reconciliation

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Occasionally, in response to something I write, I receive an e-mail advising me that, for the good of my soul, I had better stop judging criminals (or criticizing, or even joking about them) and train myself to vigilantly “forgive” them instead.  For example:

Life is too short to walk around with this kind of hate inside. Anger and bitterness is a poison that destroys the pot it is kept in.

There is more at work here than anonymous sanctimony and poor grammar.  There is presumption: presumption that forgiveness does not exist unless it is broadcast like a cheap pop song; presumption that crime victims as a group must be regulated and policed, that they are the dangerous creatures, more dangerous than the offenders who committed crimes against them.

Why is it that people who incontinently think only the best of criminals leap to believe the worst about people who are victimized?  I suppose the simple answer is that they must, in order to justify their choices.  Victims must be distrusted, lest people feel restrained from showering trust and affection on offenders.

Crime must be disappeared in order to legitimate sentimental feelings towards the criminal.

The Ur-text of such sentimental pathology surely is the film Dead Man Walking.  In order to promote herself as an extremely special harvester of extremely hardened souls, Sister Helen Prejean ran roughshod over quite a few facts and suffering innocents, both in her real life and through her artistic collaboration with the vile Susan Sarandon, who’s never met an unrepentant murderer she couldn’t love, lust for, or name her unborn baby after.

Such exercises have little to do with the exercise of actual forgiveness, which is perfectly capable of existing without the interventions of activist nuns, United Nations reconciliation committees, or federal grant-subsidized “restorative justice” professionals.

~~~

In fact, I know a great many crime victims, and exactly none of them are burning up on the inside because they cannot escape the carping furies in their souls (Aeschylus was such a hack).

On the other hand, crime victims do burn understandably hot over never getting their day in court, or not seeing their offender held accountable, or watching him walk free to offend again.  In other words, it isn’t feelings of vengeance that drive crime victims crazy: it’s denial of justice.

Yet that message doesn’t register with the reconciliation professionals.  They are too busy finding ways to level moral distinctions between offenders and victims, if not tip the scales completely.  The “restorative justice” movement itself started out as a program to push offenders to take responsibility for their crimes and make amends — but like many similar programs, it quickly devolved into mere advocacy for inmates.  Scratch the surface of most reconciliation programs and you will find nothing more than anti-incarceration activists deflecting resources that are supposed to aid crime victims.

~~~

Reconciliation and forgiveness are nice words. Closure is a lovely, if overused concept.  But we have turned these words into burdens we hang around the necks of people on the receiving end of crime.  And this has been done in order to benefit criminals in ways that may not really benefit them at all.

~~~

I recently read two interesting books that confront, in vastly different settings, the politics of forgiveness.  Columbine, by Dave Cullen, examines the 1999 Colorado massacre by Eric Harris and Dylan Klebold; The Antelope’s Strategy, by Jean Hatzfeld, is an account of the government-and-NGO-enforced reconciliation of Tutsi survivors with Hutu murderers a decade after the 1994 Rwandan genocide.

Although rural Rwanda and suburban Columbine are vastly different places, I came away from these books with an eerie sense that the Colorado and Rwandan murderers were speaking in a single voice.  Eric Harris, sitting in his basement in Colorado taping messages about the slaughter he’s about to commit, sounds chillingly like the leaders of the Hutu killing parties as they recount their daily forays to catch and kill the Tutsis who had escaped the killing of the previous day.  There is the same degree of nihilistic, cheerful premeditation and ambitions of slaughter.   Both Cullen and Hatzfeld seem aware that “root cause” theories, forensic psychology, and even their own considerable powers of explanation can only take them so far in explaining any of these killers’ deepest motives.

Evil, which is frequently overlooked in discussions of crime, is given its due.  So is not knowing — not being able to make sense, after a point.

Columbine was marketed as a corrective to media misrepresentations, but even so, I was surprised by the vast differences between the Columbine story as it played out in the national press and the story Dave Cullen uncovers.  Of course, I knew about the mythology that sprang up around victim Cassie Bernall: reporters had already eagerly discounted that pro-Christian-faith story, as Cullen shows.  But it appears that they were far less cautious with their own favored narratives (secular faith systems, one might say).

It was bullying, the media breathlessly reported, that drove Harris and Klebold to kill, and the victims they targeted were none other than the stereotypical high school bullies who taunted them for being different. Columbine, according to many members of the press, was yet more proof of the terrible consequences of picking on people, and not respecting differences, and the horrors of “jock culture,” and feeling alienated in high school, and so on.  This tale, encouraged by “anti-bullying” professionals, took on a life of its own, and few in the media bothered to question the presumptions underlying it.

But it was not true, not only because the killers were not relentlessly bullied, but because the crime they tried to carry out would have killed many hundreds of random students and rescue workers, had the detonators worked in the bombs they set.  The shootings were random, also, as Cullen proves through an excruciating march through crime scene evidence.

Yet in the interest of promoting a narrative that spread blame to “everyone” for the murders, and additionally laid special blame on jock-types (an acceptable bias), the press played down the story of the bombs and largely invented the story about revenge against specific targets.

These misrepresentations were hardly random.  The victims were tarred with culpability; Harris and Klebold were unburdened of it.  Even though the “bullying” story was a complete fabrication, anti-bullying “tolerance” activists received a massive payday from the $3.8 million dollar fund set up to compensate victims, a payday several times larger than the largest payouts given to the most critically wounded students or the families of the dead.  Some students with lesser injuries didn’t even receive enough money to cover their medical costs, while tolerance trainers raked in the cash for a “crime of bullying” that didn’t really happen and wouldn’t rise to the level of a misdemeanor crime if it had.

So although Harris and Klebold were not victims of bullying, their non-existent suffering was thus “reimbursed” at a far higher rate than the real suffering they inflicted on any of their victims.  And that is an important untold story of Columbine, though, strangely, after going to great lengths to decimate the false “bullying” narrative, Dave Cullen doesn’t question the use of victim funds to perpetuate the bullying story.

What did this payday to “tolerance trainers” actually purchase?  Most likely, to tell the surviving students — and their families, and the families of the dead, and the community at large — that they were all responsible for the social alienation that culminated in the loss of their loved ones.  By paying for tolerance programs, authorities were essentially pleading guilty, on behalf of others, to the crime of intolerance.  Intolerance towards whom?

People who are “different.”  People who feel victimized by society.  Eric Harris and Dylan Klebold?  Who else?

What might a sane, fact-based response to Columbine look like? It certainly wouldn’t include paying people a dime to sensitize innocent survivors to minor social offenses that didn’t occur in the first place.  Money would have been better spent examining the actual warning signs displayed by the killers, Eric Harris in particular.  Harris was a textbook psychopath who had accumulated a long rap sheet — or would have, had multiple reports of violent threats, stalking, and explosives-based vandalism, in addition to car theft charges, been taken seriously. Instead, probation and classroom records show that he easily adopted the stance of a remorseful and prison-scarred youth (after just a few hours in jail), even earning admiration from one teacher because he’d “learned so much” from the enriching experience of being arrested.

But grieving victims who asked how the two killers could plan a massacre and stockpile and stage multiple weapons and guns without detection found themselves on the wrong side of a grief industry — and intertwined anti-bullying industry — that insisted that questions like these were simply the wrong questions to ask.  It is practically impossible, in the current atmosphere, to blame crime solely on the offenders.  Everyone else is expected to ritualistically absorb some portion of blame — or stand accused of failing to heal, find closure, or audibly forgive.

~~~

But what happens when the scale of the crime is so large that many people are responsible, so many that imposing justice is practically impossible?  In 1994, more than half a million ethnic Tutsi were systematically slaughtered by Hutu militias in Rwanda, a genocide that spared only 300,000 Tutsi in a country of nearly 7 million.  In 2003 the surviving Tutsi learned that the government would be releasing tens of thousands of Hutu being held for the murders.  Already forced to live alongside Hutu who had failed to stop the killings, or even participated in them, Tutsi survivors would now be pressured to participate in tribunals designed to “reconcile” victims with many of the killers who had led the genocide.  Imprisoned Hutu who willingly confessed (often to extremely minor parts of their activities) were allowed to return home to live alongside the people they had tried to kill and whose family members they succeeded in killing.

At the heart of the prison releases was a demographic argument: Rwanda needed imprisoned farmers to return to work, and Hutu women and children needed their men to sustain family life.  But the releases also reflected another demographic reality: in an overwhelmingly Hutu nation, the government was more than willing to push the Tutsi genocide into the past.

Tutsi were already experiencing the nearly unbearable difficulty of living alongside people who had tried to kill them and had raped and murdered most members of their families.  Survivors spend months fleeing from armed men who hunted them repeatedly, day after day, and returned home in the evenings to loot, feast, and rest for the next day’s hunt: entire villages preyed on their former, and future, neighbors.  Given the scale of the attacks and their small numbers, Tutsi who survived the genocide had long-ago settled for symbolic justice and uneasy promises of safety.

But now, forced “reconciliation” was literally supplanting what little justice had actually been delivered.  Few of the Tutsi who speak in The Antelope Strategy harbored any illusions about the effects of pardoning mass numbers of killers.  They can hardly afford wishful talk about “closure.”  They live in fear that reconciliation will embolden the Hutu and, ironically, inflame anti-Tutsi sentiment, leading to outbreaks of violence.

Antelope Strategy is, in part, an extraordinary exploration of the limits of rehabilitation and forgiveness:

Claudine Kayitesi: “In the courts injustice gobbles up justice.  Obviously, not every killer deserves execution — but still, some of them, after all.  Those who burned babies alive, who cut and cut till their arms ached, who led expeditions of a thousand hunters — those should really have disappeared from our lives.  The state has decided to save them.  If someone had asked for my opinion?  I would have sent the propagandists and the major leaders to the firing squad.  That wasn’t done; foreigners exerted influence, and the authorities proved flexible to favor national reconciliation.  For us, it becomes impossible to relieve our grief, even with full bellies.  Basically, justice is not worrying about the feelings of survivors.”

Berthe Mwanankabandi: “What’s the use of looking for mitigating circumstances for people who butchered day after day after day and even on Sundays with their machetes?  What can you mitigate?  The number of victims?  The method of hacking?  The killers’ laughter?  Delivering justice would mean killing the killers.  But that would be like another genocide, and would bring chaos.  Killing or punishing the guilty in some suitable way: impossible.  Pardoning them: unthinkable.  Being just is inhuman. . . This is not a human justice, it’s a politics of justice.  We can only regret that they never show either sincerity or sorrow.”

Innocent Rwililiza: “The other Tutsi, from the diaspora [who fled to refugee camps], make sure the survivors never take revenge. . . The diaspora Tutsi don’t forget anything — either the terror of their flight, or the wretchedness of of exile, or the massacres of their families.  They are neither traitors nor ingrates.  But it suits them to present the genocide as a kind of human catastrophe, a dreadful accident of history, in a way requiring formidable efforts of cooperation to repair the damage.  They invented the policy of reconciliation because seven out of ten Rwandans are Hutus.  It’s a terrible thing, after a genocide: a demographic majority that snatched up the machete.  Reconciliation would be a sharing of trust.  The politics of reconciliation, that’s the equitable division of distrust.”

Usually, western legal philosophy focuses only on the ethical limitations of punishment, not the ethical limitations of mercy.  The Tutsi who speak in the book are not universally negative, but they cannot afford to be naive.  It is not just in places like Rwanda that we are too quick to forgive murderers:

Francine Niyitegeka:  “With age, the scars are healing from my skin. . . But although I am relieved, I am never at peace.  Deep down, I , too, feel oppressed by walking behind the fate that was set for me.  Someone who saw herself in muddy detail as a corpse in the papyrus lying among all the others, comparing herself to all those dead, always feels distressed.  By what?  I cannot say; I don’t know how to express it even to myself.  If her spirit has accepted her end, if she has at some point understood that she will not survive, such a person has seen an emptiness in her heart of hearts that she will never forget.  The truth is, if she has lost her soul even for a moment, then it’s a tricky thing for her to find a life again.”

Columbine Dave Cullen (2009, Hatchette Book Group)

The Antelope’s Strategy: Living in Rwanda After the Genocide Jean Hatzfeld (2007, Farrar Straus and Giroux)