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Another Hate Crime That Was The Wrong Kind of Hate

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Among the many toxic effects of hate crime laws, the worst is that they destroy the ethic of equality before the law.  This ethic was the cornerstone of the civil rights movement and its most compelling argument, and for forty years — from 1955 to 1995 — appeals for equal treatment before the law for both victims and offenders swayed white Americans to understand minorities’ plight.

All of this changed when Eric Holder and Bill Clinton shoved through a highly politicized hate crimes regime in the late 1990′s.  From the beginning, this regime wasn’t about punishing hate wherever it happened; it was about weaponizing identity politics where they least belonged: in the courts.  It was about freezing America like a scared rabbit before the image of eternal imaginary Klansmen eternally burning down black churches and eternally lynching minorities.

The hate crimes movement also helped distract from the real “tidal wave” of crimes being committed by offenders who frequently happened to be minorities (as were most of their victims).  The “tidal wave of racially motivated church burnings” in the nineties which was ostensibly the motivator for creating the modern hate crimes regime actually didn’t happen, but that didn’t matter to Clinton or Holder either: they just lied about it.

Hate crime laws were really about re-racializing the justice system.

Holder and Clinton knew that these laws were never really intended to “combat hate” but to create a legal spoils system to reward political friends, punish political enemies and super-charge racial divisiveness.  The winners were the various race and ethnic hustlers and the losers were everyone else.

The hate crimes regime that exists today has succeeded beyond Clinton and Holder’s wildest dreams in sowing divisiveness and inequality before the law.  Sadly, nobody even expects these laws to be enforced equally anymore.  Yet nobody in the Republican Party in the states — most hate crime laws are state laws — has the backbone to try to repeal these laws anymore, though doing so would likely be a popular, politically attainable goal.  The racism card and various other prejudice cards, played endlessly, have successfully reduced Republican elected officials to a quivering silence.

Back in the 1990s, Holder and Clinton still bothered to assure the public that hate crime laws would be applied equally — except, they said with a wink and a nudge, where women are involved because there’s just too many female victims of random rapes, not to mention random sexual slurs and random subway assaults and anti-female graffiti and all those other serious and unserious crimes that result in federal investigations when the writing on the dorm room wall is directed at blacks, or Muslims, or (liberal) Jews, or gays, or lesbians, or transvestites, or Latinos, or homeless people, or any of the other groups selectively empowered to demand mobilization of the hate police.

The N.O.W. under Kim Gandy and several other (not all) feminist organizations cheerfully swallowed this double-standard because they:

(A) were known to cheerfully swallow absolutely anything Bill Clinton told them to swallow.

and

(B) were so dominated by the political lesbians and minorities in their ranks that they really did not care if heterosexual white women were subjected to anything from rape to harassment on a public street — heterosexual white women have long been no more than the feminist movement’s whipping boys.  [And yes, to the Judith Butlerites out there, I know on the one hand that I shouldn't use the term "boys" to describe women, but you (or "u" or "it" or "shoe" or whatever you call yourselves now) must admit that I'm at least disrupting cissexual gender normativity by doing so.]

Back in the nineties, Clinton and Holder swore that white victims of racial violence and abuse would “be counted” alongside other victims (it’s all about the counting).  They swore that these laws wouldn’t diminish other victims of crime.  They promised a lot of things that never happened, but these things were never really intended to happen in the first place.  White people were never intended to be protected against anti-white hate.  Women were never intended to be “counted” as victims of hate.  ”Gender bias” was always intended for only non-biologically-born females, not hatred against females, because there’s just too much of it.

As a consequence of these lies, we’re now at a place where randomly killing a heterosexual woman is not as important to our justice system as killing certain other types of people, and mugging a white man is not as important as using a slur word against a minority, and mugging a black man, if the mugger is also a black man, is not as important as a slur word uttered by a white.  Neither types of muggings is likely to be investigated much, if at all, while the right kind of slur word uttered by the right kind of person actually brings out federal troops to investigate and denounce the crime.

It is important to remember that all of this is by design.

The best example of the selective dehumanization of victims created by the hate crime regime was, for a long time, for me, the beating murder of a transgender prostitute in Cordele, Georgia in 1999.  Tracy Thompson managed to seek help before dying from terrible injuries.  Before she died, she said “her boyfriend” had committed the crime, but it was uncertain whether she meant a John or someone she knew.  It was thus also uncertain whether the killer knew that she was biologically a man dressed as a woman and if that knowledge factored at all into the crime.

And so, the real intentions of hate crime laws were horrifically laid out: if Thompson’s killer was angry at her for being transgender — if he had picked her up with the intent of buying sex and “discovered” male genitalia under her skirt then beat her to death because of it, that was a hate crime.  But if her killer just decided to kill a female prostitute, that wasn’t hate.  It wasn’t a crime that would bring federal intervention; it wasn’t as serious a state crime, sentencing-wise; the GBI (Georgia Bureau of Investigation) would not get involved; the activists would not march in the streets; the exploiter organizations, from the SPLC to the Atlanta-based Center for Democratic Renewal (the source of the church burning deceptions) to the ADL to the NAACP to the HRC to the NOW (special shame on their heads) would not given a damn; the crime wouldn’t be recounted in the pricey “teaching tolerance” manuals sold by the SPLC and shoved down childrens’ throats at school; it wouldn’t be solemnly memorialized at civil rights events by Eric Holder and Bill Clinton or by Eric Holder and Barack Obama some dozen years later.

If the male genitalia under the skirt didn’t matter to the killer, then it wasn’t an important injustice like killing Matthew Shepard: it was just your run-of-the-mill kidnapping and brutally beating to death of a woman in a lonely field.

At that moment, hate crime laws made “biologically-born” women officially less human than transgendered women and a whole slew of other specially designated people, and this inequality in the courts has only grown stronger since that time.

Nowadays, nobody even expects hate crime laws to be enforced with a facade of even-handedness.  Nobody expects equality before the law anymore, and that lack of expectation is horrifying in its normalcy.  We gave away a lot in 1999.

And so we come to just the latest ethical and practical mess the hate crimes industry has made of our entire justice system.  From the moment Shaima Alwadi was found murdered in her home in California, with a note denouncing the soon-to-be divorced housewife as a “terrorist” nearby, it was well understood that the note was likely a hoax.  But the hate crimes industry cannot let pass any opportunity to accuse Americans of being racist because that is their primary purpose, and so the candles in the cups appeared, and the vigils, and the marchers, and teach-ins on college campuses and elementary schools: the entire apparatus of the for-profit non-profit hate crimes industry struck up the band.  As the media reported: ”The case reverberated across the nation because at first, it was thought to be a hate crime.”  So we have trained people to react and also to not react when the victim is just the usual: black-on-black, or black-on-white, or male-on-random female, or, frankly, male-on-male victim when it’s a sex crime.  The latter never gets counted as gender bias, because that’s not what gender bias laws are for.

From the beginning, there was ample evidence that Alwadi’s murder was some type of domestic violence, including her own recent warning to her sister that she would be killed by her husband.  But we have primed a generation of young people to believe above all else that an easily dismissible note with a racial slur is more important than a woman’s beaten and murdered body.  And so the mob assembled, and when the killer’s laughable ploy was revealed, the mob did not retreat: they simply claimed, as they always claim, that it was a “teachable moment” about white racism nonetheless.

The hate crime activists simultaneously demeaned the real victim and created a fake one.  Alwadi simply wasn’t politically useful if she had just been killed by her husband.

Shaima Alwadi’s husband was convicted for murdering his wife in San Diego this week.  Her killing was not prosecuted as a gender-bias hate crime because it was just an angry man killing a woman because she tried to leave him.  Of course, the question of whether his anger arose from his Muslim beliefs in women’s submissiveness would never be “counted” as potential grounds for hate crime charges — not only because feeling such things about women doesn’t officially count as hate, but also because Muslims are among the groups who are systematically designated only as victims of hate crimes,  not as perpetrators of them.

If we enforced hate crime laws in ways designed to actually fight hate, even this domestic murder might be investigated as a form of gender bias.  But if we enforced hate crime laws equally, the Muslim terrorists of 9/11 would count as the most prolific hate criminals in our country’s history (3,000 dead thanks to anti-American nationality hatred); Major Hasan would be one of the worst individual hate criminals in history (13 dead thanks to anti-infidel hatred), and female victims of serial, stranger rapists would be by far the largest category of hate crime victims (gender bias hate) and male victims of serial, stranger rapists who targeted men exclusively would be a significant cohort of gender bias hate crime victims as well.  If anti-white slurs and targeting of random whites were counted as hate, as it should be, minority males (and increasingly females) would rank the highest among hate crime offenders for crimes ranging from robbery to gang assault.

The vast majority of hate crime victims would be white, and the vast majority of hate crime offenders would be from several of the minority populations whose advocates control the deceptive enforcement machinery of these laws today.  These activists could not, of course, allow the truth to be told this way.  To maintain their hate-filled, false vision of America, they must make sure that these laws are never enforced equitably.  Until conservative elected officials find the backbone to address this terrible injustice, we should cease pretending that equality before the law is an ideal or practical matter in our courts.

Alex Jones and Eric Holder Sing the Same Cynical Song About Police Brutality — And Then Cops Die

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 Alex Jones (the politically elastic InfoWars host) and Attorney General Eric Holder (no introduction needed) both routinely rally their troops by crying wolf about police brutality.  Jones encourages his libertarian followers to harass police and to view them as stormtroopers; Holder uses the power of the Executive Branch to warp criminal justice via the race card, imposing punitive oversight over state and local police on the grounds of “racial discrimination,” and encouraging minority populations to view police as racist persecutors.

So when police get assassinated by violent black power thugs or drug-addled white power wannabes, as happened to Officers Beck and Soldo in Las Vegas this week, Eric Holder and Alex Jones both deserve censure.  Did they put the guns in the assassins’ hands?  No.  But they encourage such events, and then they exploit them for cheap political gain while police attend their colleagues’ funerals then put themselves on the line of fire again.

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  Officer Alyn Beck

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Officer Igor Soldo

Of course, Eric Holder is the most powerful person in law enforcement in America while Alex Jones is just a radio talk show host.  But both of them are tearing away at the social fabric relating to law enforcement in similar ways.

It is perverse that we have, in Eric Holder, an Attorney General who has repeatedly sided with violent cop-killers and against police.  Throughout Holder’s private and public career, he has taken extreme positions against police safety, agitated for the release of cop-killers and terrorists, and even secured the release of terrorist cop killers via Bill Clinton’s presidential pardons.  Holder does not oppose the spilling of police blood so long as the cop killer is a leftist; he only cares when he can score political points by accusing anyone and everyone on the right for cop killings committed by fringe, allegedly right-wing types.

Holder also has the power to define the system’s response to crimes, and he is largely responsible (along with Elena Kagan and Bill Clinton back in 1997) for the creation of hate crime laws that make the murders of some types of people more important than the murders of other types of people.

Thanks to Eric Holder, the murders of Las Vegas Police Officers Igor Soldo and Alyn Beck will not be counted as hate crimes because the Department of Justice doesn’t count police as victims of hate.  If they did — if they counted as hate crime not only the killings but the assaults, attempted murders, verbal abuse, and other hatred directed generally at police, then police would rank among the most vulnerable hate crime victims in America.

But Holder would never let that stand.

Alex Jones is just a radio talk show host, but he uses his bully pulpit to dehumanize police in other ways: he accuses them of crimes against humanity and of taking part in ornate deceptions of the public through “false flag” events.  Though Jones claims that he is really blaming the government and not ordinary police officers for “false flags,” that claim is a lie: he spews rage about police “stormtroopers,” and his websites are festooned with images of cops purportedly responsible for beating and torturing civilians.

Jones tells his listeners that police are guilty of perpetrating atrocities against the American public: he says they are the ones who helped the U.S. government cover-up its role in the terrorist attacks that killed thousands on 9/11.  He says they are the ones who murdered the schoolchildren in Sandy Hook, if there were any children murdered at all.  He says the police set off the bombs at the Boston marathon, if there were bombs at all and that police were the killers in the Aurora movie theater massacre, if there was a massacre at all.  Jones really says these things: every time he calls these massacres “false flag” events what he is saying is that either people didn’t really die or the police are the ones who killed them at the behest of our government.

As I wrote in 2010:

[P]olice everywhere are paying the price for the anti-cop rhetoric surfacing in political speech and political activism across the political spectrum these days.  This anti-cop drumbeat is always the same, whether it comes from the White House or a fringe anti-government website, from libertarian hysterics on the right or criminal rights activists on the left.

In 2009, four Seattle Police were assassinated in cold blood by Maurice Clemmons as they sat in a restaurant in a town near Seattle.  Clemmons, a violent career criminal and rapist, had told numerous people of his plans to assassinate police, and after the killings he became a cause celebré among anti-cop leftist activists in Seattle and California.  Before the killings, he had been granted leniency by half a dozen judges and also by then-Arkansas Governor Mike Huckabee, who has refused to apologize for his role in freeing Clemmons, who went on to rape, brutalize and murder dozens of victims in several states, including these fallen heroes.

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Seattle Police Sergeant Mark Renninger and Officers Tina Griswold,                                                                                 Ronald Owens, and Greg Richards, murdered by Maurice Clemmons in 2009.

Also in 2009, serial rapist Lovelle Mixon became a left-wing counterculture hero for gunning down four police officers in Oakland, California.  Occupy protesters and activists from Oakland’s deeply anti-cop culture celebrated Mixon after the murders, just as they have long celebrated Mumia Abu Jamal, another cold-blooded cop killer.

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Sergeants Ervin Romans, Daniel Sakai, Mark Dunakin, and Officer John Hege                                                                   murdered in Oakland in March, 2009 by Lovelle Mixon

Also in 2009, Richard Poplowski, a white supremacist, murdered three police officers and severely wounded two others during a domestic violence call to his mother’s home.  Killed by Poplowski were Officers Paul Sciullo, Eric Kelly, and Stephen Mayhle.

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Officer Paul Sciullo

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Officer Stephen Mayle

19890Officer Eric Kelly

In each of these cases and also in the Las Vegas killings yesterday, men with long histories of violence, mental instability, race hatred, substance abuse, and animosity towards law enforcement ambushed or assassinated police officers.  But you would not know the similarities in these cases by reading your daily newspaper or even looking up official statistics about police killers: newspapers, taking their cues from leftist organizations like the Southern Poverty Law Center and Eric Holder’s Justice Department, identify only the right-wing killers as “political” killers of police.

Alex Jones is half-right when he says that he is being singled out for blame for the Las Vegas killings because he is a conservative: he is right that conservative anti-cop agitators get singled out while left-wing agitators don’t get singled out for identical behavior.  But the solution isn’t to give Jones a pass: the solution is to blame left-wingers who incite anti-police violence as well.

Left-wing political cop killers like Mumia Abu Jamal and the fugitive serial cop assassin Assata Shakur are celebrated and defended by the New York Times and by professors at our most prestigious universities.  They are mooned over by ethical buffoons like Terry Gross of NPR.  They are given radio shows on the taxpayer’s dime on NPR to spew their race hatred and hatred of police.  NPR and Terry Gross and the New York Times and all the Harvard professors agitating for Mumia and sheltering Assata Shakur deserve the same sort of blame that Alex Jones gets.

That would be fair.  Also fair: investigating Eric Holder for bias and fraud whenever he and his favorite propagandists at the Southern Poverty Law Center and the Anti-Defamation League create deceptive “statistics” and “reports” that are no more than bombastic political lying designed to blame the Tea Party for violent acts committed by others.

In addition to perverting the mission of the Justice Department by playing partisan politics, Holder, the SPLC, the ADL and the mainstream media are all missing (or actively suppressing) the real story of a dangerous anti-police movement that gains its power not from the Tea Party (a law-abiding, peaceful movement which has been much maligned) but from an unholy alliance of druggy leftist anarchists, druggy right-wing anarchists, and druggy individuals with no discernible politics who nonetheless feed off the paranoia of sites such as InfoWars on the far right, Critical Resistance on the far left, and Cop-Watch on the fringes of both fringes.

As soon as news of the police murders in Las Vegas broke, Alex Jones went on the air and predictably declared the event a “false flag” designed by the government to discredit . . . Alex Jones.  The SPLC’s Mark Potok hit the news circuit with his own false flag, trying to tar the Tea Party with the actions of the Vegas killers despite the fact that killers Jerad and Amanda Miller were kicked out of the only patriot citizen event (at the Cliven Bundy ranch) they were known to have attended (and even the Bundy ranch standoff was not widely endorsed by Tea Party activists).    CNN shamelessly regurgitated Mark Potok’s line, reporting that the Millers had been seen at the Bundy Ranch but leaving out the fact that the Bundy family made them leave.  On his radio show, Alex Jones shamelessly ranted for hours about how he was the real victim of the Vegas shootings.  In coming weeks, Eric Holder will doubtlessly use the shootings to ramp up the Department of Justice’s scrutiny of Tea Party groups and military veterans (though the Millers were neither veterans nor members of any known Tea Party).

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Not the Tea Party

To Eric Holder, cop killers present opportunities for cold-blooded political calculation; to InfoWars’ Alex Jones, they represent an opportunity to grow audience share by egging on viewers to believe they are being persecuted by a”military-industrial police state.”  As I wrote in 2011, it takes a village to kill a cop.  The village invented by these two ideologues is a very ugly place to be.

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Gun Control is a Distraction: the President is Sending Grief Counselors.

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 . . . And, Lester Jackson on Benny Lee Hodge, Sonia Sotomayor, and Apologies for Mass Murderers

Great Leader chatter about Obama healing the nation is engulfing every network news station — including Fox — following the mass killing in Connecticut.  Was it always this way?  I’m thinking back on Columbine, David Koresh, Oklahoma City — is anyone else getting nostalgic for mere partisan political jabs in the wake of grim and senseless violence?  There is something profoundly creepy about the bureaucratic/therapeutic/paternalistic vibe emanating from Washington.  Of course, this is part of the Department of Justice’s ongoing efforts to expand their mission beyond crime control . . . to social control.  Flying under the flag of “anti-bullying,” “hate hurts,” “restorative justice,” and “prisoner re-entry,” the Department of Justice continues its Great March behind the Great Leader into people’s lives, this time using the excuse of a nut with a gun.

The goal isn’t merely gun control.  Gun control is a speed bump on the way to social control.

In order to align law enforcement’s activities with the agenda of collectivism, it is necessary to either therapeuticize or politicize every crime.  One or the other: a school shooter is generally therapeuticized.  He falls into the category of “victim,” probably of bullying, so long as he didn’t express any of the select group of “hatreds” that are deemed atrocities and thus politicized.  Luckily for school shooters who target females, that particular preference has been slotted back into the inconsequential category, and as it is the only category of shooter choice that has manifested in recent school shootings, school shooters generally just get counted as victims of social suffering — the therapeutic slot.  The Department of Justice is making noises about social bullying today, for example — it’s the stuff on which they can build expensive and intrusive bureaucracies without violating Eric Holder’s allergy to incarceration and law enforcement itself.

So, expect a lot of talk about bullying from the nation’s federal law enforcement agency — and everyone else — in coming weeks.  Ironically, early reports suggest that the killer in this case may have been systematically encouraged to see himself as a victim of “bullying” and social maladjustment.  There’s something to contemplate as the experts descend on schools throughout the nation to cash in on the actions of one unstable individual: might we produce fewer school shooters if we had fewer school professionals encouraging children to see themselves as victims — of garden-variety bullying, social slights, and social exclusion?

For if there’s one common thread that ties together otherwise diverse killers, bank robbers, terrorists, street thugs, and assorted psychopaths, it’s self-pity.  So as the armies of school psychologists and grief counselors and other soft-soap contract-remunerated social engineers fan out across the land, think about both intended and unintended consequences.  It’s bad enough that the federal government is using a tragedy to grow the bureaucratic-therapeutic federal government machinery, but is it even worse than that?  Are we growing future criminals in the process of therapeuticizing violence?

I was driving through South Georgia when the news reports of the Connecticut shootings broke.  It may be Terrific in Tifton but it’s darn hard to get A.M. radio reception from the highway there, so we had to listen to public radio.  ”Obama Will Save Us” positive visualizations popped up immediately, with NPR devoting its earliest hours to Dear Leader chatter and gushing praise for the FBI.  Why the FBI?  Because the federal government was on the way to save the day.  Not that they actually did anything.  But the purpose of NPR is to justify federal powers and federal funding — for themselves and for actual government officials.  So they talked obsessively about how wonderful it was that the FBI was doing this and that for local law enforcement, even though local law enforcement was doing the actual work.

The therapeuticization of justice dictates two responses to crime.  Offenders are transformed into victims of society, and victims are transformed into suspects, at least until they demonstrate that they are also willing to blame society and not the individual offender for victimizing them.  Once everyone agrees that society is at fault, the experts can step in to dictate the cure, which involves creating more therapeutic non-incarcertive responses to crime.  Response is an artful term: it expresses the bureaucratic view that we are one enormous sensate organism reacting with animal reflexes to pain or shock.  If criminals are simply part of the sensate whole, how can we blame them for their actions?  It’s like blaming us . . . well, we are blaming us.  We are all responsible: nobody is responsible.

The alternative view is to accept the existence of moral choice and individual responsibility for crime, followed by judgment and consequences.  As readers of this blog have learned from the anonymous Professor Dunderpants of CUNY’s Media Studies Department, merely believing in such things is considered terribly primitive these days, and not the sort of good primitive that stimulates the anthropology department.  It is bad primitive to  harbor a secret belief in free will these days, let alone express it publicly.

The power to transform criminals into victims and victims into suspects — to dictate not just the administration of justice to the guilty but the emotional responses of everyone to crime — is a tremendous, intrusive power cupped in the hands of the bureaucrats calling the shots.  Fascist power, one might say.  Soft fascism.  The creepy kind.

Therapeuticizing criminals is the end-game of the social roots-theory of crime.  Roots theory was invented by sociologists in the 1960′s who wished to displace responsibility for criminal actions away from the criminal himself and onto society — onto injustice arising from poverty and prejudice in particular.  Poor and minority offenders, the story goes, are not responsible for their actions: they are merely reacting to injustice directed at them when they steal your car or mug your husband or rape your sister.  And social engineering is, of course, the only known cure.  Forty years later, the roots-theory movement has expanded to the point that it may even be applied to a young white male from an upper-class suburb who just slaughtered 20 innocent schoolchildren.  In coming days, even the most rational expressions of anger at the shooter will be quickly smothered by ministrations of therapeuticized justice in the government and the media.

Let the intensive policing of the innocents begin.

          ~~~~~

Related:  Lester Jackson has a compelling article about Justice Sotomayor and judicial sympathy for repeat killers in American Thinker today.  It’s a timely read:

 As detailed elsewhere, pro-murderer media suppression of the truth has played a major role in enabling a wholesale evisceration of capital punishment. Justice Sonia Sotomayor recently provided a graphic example, one that would be excruciatingly painful to survivors of murder victims if they knew about it. Many people unfamiliar with the practices and philosophy of the current Supreme Court would very likely be shocked to learn just what values some justices hold. . .

When pro-murderer justices seek — often successfully — to focus upon criminals rather than crimes, the result is to grant certain perpetrators greater protection against punishment for their brutality than others who commit identical or less serious acts without Supreme Court succor. The reductio ad absurdum, of course, is the Court’s fiat proclaiming a Constitutional right, nowhere to be found in the real document, for the most depraved and vicious barbarians . . .

Read the rest here.

And see also:   Rwanda and Columbine: The Politics of Forced Reconciliation

Vision 21: The Good, The Bad, and The Creepy in the DOJ’s New Crime Victim Initiative

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The Office of Justice Programs of the Department of Justice is busy promoting Vision 21 Transforming Victims Services, the DOJ’s sweeping “new” agenda for providing “services” to victims of crime.  I’m using the scare quotes here because I don’t trust Eric Holder to do anything about crime other than politicize it.

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Vision 21 Transforming Victim Services

Vision 21 is certainly a paean to identity group activism and identity group representation and identity group “outreach.”  True to form, the DOJ leaves no stone unturned in their efforts to kick the justice system further down the road of pure identity-based balkanization.

But the most troubling thing I’m seeing at first glance is the emphasis on providing “services” to victims in lieu of getting justice for them.  It looks like Vision 21 is providing multiple opportunities for activist organizations to exploit crime victims for other ends.  The involvement of groups such as the Southern Poverty Law Center and the Soros-funded, pro-offender VERA Institute for Justice suggests to me that one of the primary intentions of Vision 21 is to neuter the voices of real crime victims who demand real consequences and real sentences for violent and repeat offenders.  And, sure enough, Holder’s handpicked leaders have been floating anti-incarceration messaging in the endless “stakeholder forums” that inevitably accompany such initiatives.

Expect to hear a lot about how victims “want to be heard and included more than they want prosecutions.”  Expect offenders to be counted as sort of “co-victims” of crime.  Expect a lot of talk about the restorative justice movement, which was long ago hijacked by advocates for criminals and is now used primarily to keep offenders out of prison, rather than making them take responsibility for their crimes.  The “criminals are victims too” activists who hijacked restorative justice and profit from the vast “criminal re-entry” service industry are running the show at the DOJ.

Visin 21 is certainly a full-employment vision for the criminology profession.  And putting criminologists in charge of anything relating to crime victims is like sticking puppies in tiger cages.  But feeding the criminologists has been a primary goal all along.  Laurie Robinson’s tenure at the DOJ was dedicated to systematically subjugating the criminal justice system to the academic criminologists, in order to, of course, take all that vengeful punishment and incarceration stuff out of the equation (except in the cases of so-called hate criminals).

Now Mary Lou Leary is carrying the full-employment-for-criminologists ball.  FYI, “smart on crime” here means hopefully not incarcerating anyone, no matter what they do, unless Eric says it’s a hate crime:

This focus on careful analysis is one of the Justice Department’s top priorities. We are committed to promoting programs and approaches that are “smart on crime.” Under the leadership of Attorney General Eric Holder, I can assure you that this is more than a mere buzzword. For this Department, being smart on crime means resisting knee-jerk reactions, investing in solid research, and ensuring that evidence is translated so it is useful to all of you on the frontlines.

Get it?  This is supposed to be a statement about victim programs, but Leary is talking “knee-jerk reactions.”  They’re helping crime victims avoid “knee-jerk reactions,” like wanting their offenders behind bars.  This will be accomplished with science.

On the positive side, The National Crime Victim Law Institute and other highly credible crime victim advocates are also involved in Vision 21.  And the initiatives to professionalize and expand evidence collection is money well-spent.

“This is a Personal Vendetta of Mine” — Robert Corso, DEA, Detroit

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Corso is talking about the murder rate in Detroit, which rose an unbelievable 75% in the city’s East Side last year, to the sound of a collective yawn by everyone outside the city limits.

The Detroit Free Press reports that the feds are stepping in to try to suppress more street crimes like these:

In recent weeks, Detroit has witnessed the shooting death of an infant, the slaying of a 12-year-old girl, a 14-year-old boy accused of killing his mother, and a 6-year-old critically injured after being shot with an AK47 during an attempted carjacking.

That has drawn the attention of federal agencies, including the FBI, the Drug Enforcement Administration and the Bureau of Alcohol, Tobacco, Firearms and Explosives. All want to help Detroit Police Chief Ralph Godbee Jr.

“This is not a bunch of talking heads up here. We mean this,” said Robert Corso, who heads the DEA office in Detroit and was raised in the city. “This is a personal vendetta of mine.”

Under the federal government’s intervention plan, federal, state and local agents will comb the east side and focus on gun crimes.

The DEA plan consists of a revolutionary concept known as “enforcing the law.”  Agents are acting on warrants and charging violators with federal gun crimes, which draw relatively real sentences — whereas a trip to state juvenile court can draw you a day off from school for a similar crime, if you get the right judge.

Good for Corso for calling it like it is.  How refreshing to hear someone actually being angry at criminals, instead of scrolling through the thumbed and bloody Rollodex of excuses for their behavior.  That’s the only way to save criminals’ lives, too, a goal clearly not paramount among the excuse-makers.

On an entirely related note, it’s sad to hear about the passing of Andrew Breitbart, who bothered to expose and be outraged by the cover-up of sexual assaults at Occupy encampments.  It ought to be a no-brainer, given the density of Womyn activists on the ground, that Occupiers would be outraged by incidents of sexual violence in their groups.  But, of course, these activists were too busy parsing the minutiae of the patriarchy to bother to acknowledge real sexual violence in their midst.

And of course this was entirely because the perpetrators were of the homeless/convict/victim class, which elevated them above the status of their rape victims in the panoptic ethical hierarchy of the Left.  Now, if rugby players hid out at Occupy camps to prey on womyn, that would be a different story.  But since it was just society’s current victims preying on society’s soon-to-be victims, the soon-to-bes were whisperingly informed that they should contemplate their own privilege and blame society instead.

You know, like what would happen if criminologists ran rape crisis centers.  Or, criminology departments.  Andrew Breitbart expressed loud disgust at this ritualistic degradation of real crime victims, while other journalists were busy looking away.

 

 

Insult to Injury: Feds Say Family of Murdered Border Agent Brian Terry “Not Victims”

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It’s a little known irony that crime victims often have to fight for the “right” merely to be considered victims in the eyes of the court.

It’s different for criminals.  When someone commits a crime, their rights expand exponentially.  The worse the crime, the more legal protection the offender receives.  Foremost among the special rights granted only to offenders is the right to relentlessly appeal one’s case, a right that swells to parodic dimensions, subsidized in nearly every case by the taxpayers.  If the victim or their survivors are taxpayers, they pay for it, too.

So when some convicted rapist and killer appeals his sentence for the fifteenth time on the grounds that he was discriminated against when the prosecutor deigned to mention the future the murdered girl would never have (such speech is strictly regulated by judges, lest it “incite” jurors), then that dead girl’s parents, if they pay taxes, are literally forced to help pay the tab for their daughter’s rapist and murderer to stand in some courtroom disputing the metaphysical dimensions of their losses, for his gain.

Meanwhile, victims don’t have any right to demand that the courts even try their case in the first place.

They’re also helpless as the court decides who will be granted “standing” as victims at the outset.  This is an important decision because only victims with standing may offer impact statements or be informed of future parole hearings.  In other words, without standing at the start of the legal process, victims are permanently barred from testifying to keep their offender behind bars.

In an extremely unusual move requested by federal prosecutors, the family of murdered Border Patrol Agent Brian Terry has been denied standing in the case of Jamie Avila.  Avila is charged with buying the gun that made it into the hands of Brian Terry’s killer — a federal crime.

But it wasn’t just any gun.  The gun that killed Terry was one of the guns involved in Operation Fast and Furious, a disastrous federal scheme to sell American guns to Mexican drug dealers in order to track the guns.  And because of this, the Terry family is caught in a political controversy.

Agent Brian A. Terry, killed in Arizona in December, 2010

Ordinarily, the Terry family’s request for standing would be routine, and prosecutors would be the ones supporting it, while the defense would be the ones trying to silence and exclude the victims.  But the Justice Department and the federal prosecutor assigned to the Avila case, who are deeply involved in the Operation Fast and Furious scandal, are the ones trying to deny the Terrys’ standing.

So we have a Justice Department that is trying to defend its own conduct in Fast and Furious deciding that the victims of their actions don’t count as victims:

In a surprise move in a controversial case, the U.S. Attorney’s Office in Arizona is opposing a routine motion by the family of murdered Border Patrol Agent Brian Terry to qualify as crime victims in the eyes of the court.  The family asked to intervene as victims in the case against Jamie Avila, the 23-year-old Phoenix man who purchased the guns allegedly used to kill Terry. Such motions are routinely approved by prosecutors, but may be opposed by defense attorneys.  However in this case, U.S. Attorney Dennis Burke argues because the family was not “directly or proximately harmed” by the illegal purchase of the murder weapon, it does not meet the definition of “crime victim” in the Avila case. Burke claims the victim of the Avila’s gun purchases, “is not any particular person, but society in general.”

How does a U.S. Attorney justify doing such a thing?  A former U.S. Attorney in Florida named Kendall Coffey suggests that Burke may be trying to avoid further embarrassment and exposure to lawsuits.  Burke himself is expected to be called before Congress to explain the debacle, even as he prosecutes the Avila case:

“The government’s already been put on notice that they might be facing a wrongful death action by the family. And you have to wonder if the government’s efforts to deny the family the status of ‘crime victims’ is part of a strategy to avoid legal responsibility for some of the tragic mistakes of Operation Fast and Furious,” [Coffey] said.

Are political considerations outweighing the right of the Terry family to be heard at parole hearings, to consult with prosecutors, and to weigh in at sentencing?  This is an unfolding story that deserves more attention than it will probably receive.  Besides the Fox News story, former Congressman Tom Tancredo seems to be the only person commenting on this astonishing move by the U.S. Attorney’s office in Phoenix {link broken}.  [Update 8/12/11/11:39: Patrick Richardson has more here]

There are politics, and there is justice. This case is roiling with politics, but you can be sure the defendant’s rights will be respected nonetheless.  The same cannot be said for the treatment of Terry family.  Victims have precious few rights in the justice system without prosecutors withholding them for political reasons.

But making justice subservient to politics is precisely what Eric Holder does.  We have never had an Attorney General less suited for the job.

Disappearing Adria Sauceda: The Nun, The SNAP, The Law Professor, The President, His Newspaper and the U.N. Defend Torture-Killer Humberto Leal

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The Nun:

This is rapist and murderer Humberto Leal, mugging for the camera beside one of his many supporters, Sister Germaine Corbin.  Not included in the picture?  Sixteen-year old Adria Sauceda.

Adria can’t mug for cameras with nuns because she’s dead.  Not just dead — gang-raped, then kidnapped, tortured, raped, and beaten to death in the desert, her skull crushed with repeated blows from a 40 pound slab of asphalt, her body violated by a fifteen inch broken stick.

But he looks like such a nice boy.  Look at the nun’s smile.

Nuns minister to murderers and Catholics oppose the death penalty.  And so it should be.

But photos like this have nothing to do with ministering to a soul: this is public relations calculatedly erasing the memory of another soul — Adria Sauceda — disappearing her and placing Leal in her place.  Humberto Leal’s supporters — who include the President — want to turn Leal into a mere victim of America’s “vicious and unfair” justice system.  The only way to do this is to lie about the legal record and erase the evidence of his crime, namely an innocent sixteen-year old girl named Adria.  A shopworn way of scrubbing such human evidence is to plaster airwaves with photos of the killers looking shy and boyish in the presence of beaming nuns.

I have a modest suggestion for avoiding such deceptions in the future: the next time Sister Corbin wants to play Helen Prejean by clasping hands for the cameras with someone like this, she should use her other hand to hold up a picture of the victim.  Then things like facts and what is really at stake will not be buried behind the smiles.

A picture of murder victim Adria Sauceda, held in her parents’ hands

The SNAP:

Shamefully, SNAP, the Survivor Network of Those Abused by Priests, has also come out in Humberto Leal’s defense, because, they claim, he was molested by a priest.  But they don’t stop there: in their eagerness to climb into bed with Leal’s Bernadine Dohrn-connected defense team (see below), SNAP is actually promoting the defense’s risible claims of Leal’s innocence.  Their statement of support completely whitewashes Garcia’s crimes, a stunningly cynical act by a group that claims to exist in order to . . . oh, oppose the official whitewashing of sexual crimes:

Statement by David Clohessy of St. Louis, National Director of SNAP, the Survivors Network of those Abused by Priests [contact info deleted].  We wholeheartedly support efforts to postpone the execution of Humberto Leal, and to try and protect kids from Fr. Federico Fernandez, through both secular and church channels.  We believe it is possible, even likely, that Fernandez could be criminally prosecuted, but only if Catholic and Texas authorities aggressively seek out others who saw, suspected or suffered the priest’s crimes. Delaying Mr. Leal’s execution is just and fair and would help this outreach process.

The whitewashing doesn’t end there.  SNAP uses their website to promote a discredited version of Leal’s “innocence.”  This version has been rejected repeatedly by the courts.  Worse, it intentionally minimizes the circumstances of the murdered girl’s suffering.  Here is SNAP’s version, quoting a wildly inaccurate article by someone named Brandi Grissom, who happens to be an anti-death penalty activist writing as a journalist for an online paper.  I’m quoting extensively here to offer some background, but the last paragraph’s the kicker:

One of [a priest's] alleged victims is Humberto Leal, a death row inmate who in 1995 was convicted of raping and bludgeoning to death a 16-year-old girl. His attorneys this week filed a clemency petition on his behalf. They asked Gov. Rick Perry and the Texas Board of Pardons and Paroles to stay his execution and allow him to testify both as a victim and a witness of abuses allegedly perpetrated decades ago by Father Federico Fernandez, who served at St. Clare’s from 1983 to 1988.

Now, others who attended St. Clare’s have been spurred by Mr. Leal’s recent revelations to come forward and report similar abuse. They hope that by telling their stories they can stop the July 7 execution of Mr. Leal, and spur law enforcement to investigate and prosecute Father Fernandez.

The priest, who currently works in a church in Bogotá, Colombia, denies ever abusing anyone.

Church authorities in San Antonio removed him from the parish and sent him to New Mexico for treatment in 1988 after a grand jury indicted him for sexually abusing two other boys. In statements to police, the boys described multiple occasions when Father Fernandez schemed to get them alone and groped them. After the indictment, the boys’ family reached a settlement with the church, and the young men decided not to testify. Charges against Father Fernandez were dropped, and terms of the settlement were sealed.

Even before Father Fernandez arrived at St. Clare’s, he had been accused of sexual misconduct. In 1983, San Antonio police charged him with exposing himself in public, though the charges were eventually dropped. And since Mr. Leal’s revelation, others who attended St. Clare’s have reported similar abuse. . .

As is usually the case in a criminal matter, the facts of what led to Mr. Leal facing execution next month are in dispute — all, that is, except that Adria Sauceda was raped and murdered. Mr. Leal maintains he did not rape the girl and witnesses testified at his trial that she had been gang raped at a party. Witnesses told the authorities that Mr. Leal arrived at the scene and, outraged at what had happened to her, took her away from the party. He admitted that he and Ms. Sauceda physically fought after they left, and that she could have died after he pushed her and she hit her head on a rock. The police found her body about 100 yards from the location of the party.

Hit her head on a rock  . . . as he was rescuing her!  Gee, this Leal guy sounds like he might be innocent, doesn’t he?  And this is SNAP, after all, and they stand beside victims who have had their sexual assaults pushed under rocks, as it were.

Let’s be very, very clear about what SNAP is doing.  They are attempting to deny that Adria Sauceda was raped — again — by Leal as he bludgeoned her to death.  They are using their credibility as a rape victims’ rights organization to say that Leal’s kidnapping and rape of Sauceda may not have occurred.

And this is a rape victims’ rights organization.  Jesus wept, though not just this one time: I’ve seen similar ugliness in other victims’ rights groups hijacked by advocates for offenders.

Regarding the rape, SNAP forgot something.  They forgot the stick.  After the child was taken from the party by Leal, she was raped with a stick.  A jagged stick with screws sticking out of it, to be precise, which, to be even more precise — let’s say discerning — was used on Adria Sauceda while she was still alive.  That’s rape, and SNAP, of all bloody organizations, should know that, rather than quibbling over the number of times a dead girl was violated.  What, are they the only victims who ever matter?  Where is their membership regarding this obscenity?

With this decision to publicly support Leal, and to support him in the way they have chosen, SNAP’s leadership has made itself vulnerable to a common accusation — that they are just left-wing activists using the molestation crisis to attack the growing sexual conservatism of the Catholic Church.  I discount these accusations when they come from people who are themselves busy downplaying the reach of the molestation issue (particularly the cover-ups).  The absurd John Jay “hippies made us do it” “study” is one example of cover-up that discredits its advocates, for example.

But with this swift move by SNAP, such exploitation of victims is full circle now.  As usual, the people left out in the cold are the ones unfortunate enough to have been raped or murdered by one politically protected group or another.

What we’re actually witnessing here is the mundane drumbeat of insinuation, as yet another victims-rights group centrifuges its values and joins its opponents in picking and choosing among victims to support.  In a broader sense, I blame this sort of ethical slippage on the many political satisfactions of “hate crimes” laws, which codify and reward the act of valuing some victims over others.  Once identity politics is larded into sentencing, and activism, it’s easy to throw less politically useful crime victims out with the trash.

Here is the real record of the evidence, from Pro-Death Penalty a serious website that deserves serious attention, especially from those who hold that the death penalty itself is universally insupportable on religious or ethical grounds.  It is especially important for these types of death penalty opponents (I count myself one) to witness the whole truth, to not push away facts, or fall for outrageous claims of innocence, or pose for color glossies with sick sadists, or violate one’s mission statement to defend certain victims by helping bury others.

I encourage you to read the entire story at Pro-Death Penalty, because it catalogs the disturbing censorship by virtually every news agency — and activists at SNAP, among others.  Pro-Death Penalty quotes Texas Attorney General Gregg Abbot.  This passage is long, and painful to read: please remember it as you see the whitewashing of this crime in every media source over the next week:

[A] witness testified that an unidentified male invited him to have intercourse with Adria. The same witness testified that he later observed another man carrying a disoriented Adria to a truck, where he “had his way with her.” Twenty-three-year-old Humberto Leal was also at the party. At some point the intoxicated but conscious victim was placed in Leal’s car. Leal and Adria left together in Leal’s car. About thirty minutes later, Leal’s brother arrived at the party in a car which came to a screeching halt. Leal’s brother was very excited or hysterical. Leal’s brother started yelling to the people left at the party, “What the hell happened!” Leal’s brother was yelling that Leal came home with blood on him saying he had killed a girl. Two of the trial witnesses were present when Leal’s brother made these statements. Shortly thereafter Leal’s brother left in a rush. Several of the party members went looking for Adria in the same area where the party was. They found her nude body lying face-up on a dirt road. They noticed Adria’s head had been bashed in and it was bleeding. Her head was flinching or jerking. These party members called the police. When the police arrived, they saw the nude victim lying on her back. There was a 30 to 40 pound asphalt rock roughly twice the size of Adria’s skull lying partially on Adria’s left arm. Blood was underneath this rock. A smaller rock with blood on it was located near Adria’s right thigh. There was a gaping hole from the corner of Adria’s right eye extending to the center of her head from which blood was oozing. Adria’s head was splattered with blood. There was a bloody and broken stick approximately 14 to 16 inches long with a screw at the end of it protruding from [her body]. Another 4 to 5 inch piece of the stick was lying to the left side of Adria’s skull. The police made a videotape of the crime scene portions of which were admitted into evidence. Later that day, the police questioned Leal. Leal gave two voluntary statements.

Remember this part: it is important, in the context of President Obama’s defense of Leal.  Yes, that President Obama.

In Leal’s first statement he said he was with Adria in his car when she began hitting him and the steering wheel causing him to hit a curb. Leal attempted to calm her down but Adria leaped from Leal’s car and ran away. Leal claimed he sat in his car and waited about ten or fifteen minutes to see if Adria would return and when she did not he went home. After giving this statement, Leal was informed that his brother had also given a statement. Leal then gave another statement. In this statement, Leal claimed he followed Adria when she got out of his car and ran away. Leal claimed Adria attacked him. Leal pushed her and she fell to the ground. When she did not get up Leal attempted to wake her but could not. He then looked at her nose and saw bubbles. Leal stated he got scared, went home, prayed on the side of his mom’s bed and told family members what had happened, claiming it was just an accident. After giving this statement an officer gave Leal a ride home. The police searched Leal’s house. The police seized a blouse which contained several blood stains, hair and fibers. This blouse was later identified as belonging to Adria. The police also seized Leal’s clothing from the night before. Leal was arrested later that afternoon at his home. Leal’s car was also impounded. The police conducted Luminol tests of the passenger door to determine whether any blood was evident. Blood stains were discovered on the passenger door and seat. Detectives testified that the blood stains were streaked in a downward motion, indicating that the blood had been wiped off.  There was insufficient residue to conduct a blood typing of the stains on the vehicle. Other DNA evidence was found on the underwear Leal was wearing that night. That evidence consisted of blood as well as bodily fluid. The DNA test did not preclude Adria’s blood type from the evidence tested. Dr. DiMaio, the medical examiner who performed the autopsy, testified about Adria’s injuries and cause of death. DiMaio testified that even though Adria was intoxicated when she received her injuries, she would have been aware of what was happening to her. In addition to Adria’s massive head injuries, DiMaio testified about injuries Adria received to her chest and shoulder which were consistent with having been inflicted by the stick found in Adria’s vagina. DiMaio also testified about the defensive wounds Adria received to her hands trying to protect herself from some object. DiMaio also testified Adria was alive when the stick was placed in her vagina. Adria’s neck also contained injuries consistent with manual strangulation. DiMaio testified Adria received some of her injuries while standing up. Adria received her head injuries while lying flat. The injuries to Adria’s head were due to blows from the front. These injuries were inconsistent with a fall. Adria’s head injuries were consistent with Adria lying on the ground with somebody standing over her striking her. DiMaio testified the large rock could have delivered the injuries to Adria’s head. Based on the injuries to Adria’s head, DiMaio testified Adria would had to have been struck with the rock two or three times. DiMaio testified Adria died from blunt force trauma injuries to the head. DiMaio could not say for certain that the rock caused the injuries. He testified Adria was beaten about the face with a blunt object or more than one object which could have been the rock or something else. On cross-examination, DiMaio testified that one blow from the rock could have caused Adria’s death. DiMaio also testified about bite marks he found on Adria’s left cheek, the right side of her neck and the left side of her chest. Another witness compared the bite marks on Adria’s chest and neck with dental impressions of Leal’s teeth. They matched. The State’s indictment charged that Leal killed Sauceda while in the course of and attempting either to kidnap her or to commit aggravated sexual assault. Leal was convicted and, after a separate punishment phase, sentenced to death.

Nice work, SNAP.

The Law Professor:

Meanwhile, in the courts, the whitewashing of Adria Sauceda’s murder continues, cradled in the hands of experts trained in such ugly arts.

Humberto Leal’s defense attorney, Sandra L. Babcock, of the terrorist-sheltering law school at Northwestern University, has an interesting vitae.  Ms. Babcock’s research interest is imposing international law on the American justice system, a hobby she practices with her colleague, terrorist-cum-law-professor Bernadine Dohrn.  In 2008, Babcock and Dohrn worked “tirelessly” together to get Chicago’s city council to pass a resolution signing on to the U.N. Convention for the Rights of the Child.  Of course, such things always sound nice.

In 2003, along with the A.C.L.U., The Jimmy Carter Center, Human Rights Watch, Amnesty International, the Center for Constitutional Rights, and the Open Society Institute, Sandra Babcock, Bernadine Dorhn, and Van Jones (he’s listed as “invited”) participated in an A.C.L.U. sponsored conference called Human Rights at Home: International Law in U.S. Courts (program here). The purpose of the conference was to find ways to insinuate international (read: United Nations) laws and resolutions in American legal arenas, as Sandra Babcock is attempting to do to free her client, Humberto Leal.  From the conference program:

The conference will familiarize lawyers and advocates with international human rights treaties, laws and organizing strategies that can strengthen domestic social justice work by:
* Ensuring U.S. accountability for violating international human rights principles in additional to domestic constitutional ones
* Providing new, affirmative protections for workers, poor people, immigrants, and victims of discrimination
* Linking multiple issues to address problems that intersect race, gender, and poverty
* Connecting local advocacy to global struggles

As per her academic research and this movement, Babcock is now claiming that the police failed to inform Leal of his right to Mexican consular support when he was arrested.  Allegedly, this failure violated the rules of the International Court of Justice at the Hague: Leal, as a “Mexican national,” should have simply been able to call “his” embassy and the entire mess — the body, the rock, the stick, the bloody clothes, et. al. could be whisked away like some New Guinean ambassador’s parking tickets.

But there’s one little problem: Humberto Leal has lived in the United States, apparently illegally, since he was two.  Talk about wanting it both ways: Leal was an American until the moment he murdered Adria Sauceda.  That changed in the brief space between bashing in a young girl’s head and wiping down the doors of his car.  Now he’s a “Mexican national,” a term everyone from the President to the New York Times to “human rights” organizations (Leal’s rights, not Sauceda’s) is using with no irony and no explanation, as they lobby to cloak a killer in layers of special privileges while simultaneously lobbying to prevent police from inquiring about immigration status.

Get it?  The police will have to determine if someone is a foreign citizen in order to offer them consular rights, but they’ll also be forbidden to ask if someone is a foreign citizen in the interest of not discriminating against illegal immigrants, a lovely Catch 22 dreamed up by academics.  This cliff we’re careening towards is permanent demotion of Americans’ legal rights on their own soil.  If President Obama, his friend Bernadine Dohrn, and Jimmy Carter get their way, the police are going to find their hands tied in ten different ways, and our criminal justice system will soon be utterly subservient to whatever the hell they dream up at the U.N.

Expect more Humberto Leals.

Why isn’t the president of Mexico (or, say, America) calling for justice for Adria Sauceda?  Is that so difficult to conceive?

In an excellent article in American Thinker, David Paulin writes:

In Mexico, ordinary citizens can expect little from their country’s criminal justice system; it’s not a place where they can count on receiving justice.  So it is surprising that Mexicans on death row in the U.S. can expect so much from their government.  Americans, moreover, have always fared badly when caught in Mexico’s criminal justice system; it’s one of the risks of going to Mexico, and international law does not seem to offer additional guarantees of safety to visitors going there.  Yet in this case and others, Mexico presents itself as a paragon of virtue, committed to the lofty ideals of international law that Texas and other U.S. states are ignoring.

In 2004, Mexico sent its top legal talent to the International Court of Justice in The Hague — and complained about 51 of its citizens being on death rows in various U.S. states; none, they complained, had been advised that their government was prepared to offer them top lawyers for their defense.

That Hague court ruled that the U.S. was indeed bound by the treaty — prompting President George W. Bush to ask the states to apply it and review cases involving Mexican citizens awaiting death sentences.  However, Gov. Perry was unimpressed.  He refused to grant a stay-of-execution for Jose Medellin, 33, an illegal immigrant from Mexico found guilty in the 1993 rape-strangulation of two teenage Houston girls, Jennifer Ertman and Elizabeth Peña.  Instead, Medellin was executed, despite having never been informed that Mexico was ready to provide him with a great lawyer.

The President and His Newspaper

In order to really disappear Adria Sauceda, fully and truly, you need more than bunches of law professors and activists: you need the media.  The New York Times does not disappoint.  The Times gawkingly refers to Humberto Leal merely as a “Mexican citizen,” as if he wandered over the border one day and ended up smashing a girl’s head in with a rock, his decades of residency in the U.S. tacitly denied.  As they put it:

Mr. Leal, a Mexican citizen, was not immediately informed of his right, under an international treaty signed by the United States, to seek assistance “without delay” from Mexican consular officials in navigating a confusing foreign legal system.  Such help might have been crucial for someone like Mr. Leal who, his lawyers say, had few resources and a limited understanding of his plight.

Poor guy: maybe he didn’t speak English and got lost looking for directions back to the embassy.

Or, maybe people like Northwestern University Law Professor Sandra Babcock have just gotten so used to lying, of not being challenged by the paper of record that they simply don’t expect to be called on even the most astonishing deceptions.  Babcock’s statement is a cringing embarrassment for the Times and Northwestern Law School (which, as Bernadine Dohrn’s employer, admittedly short circuited their ability to blush decades ago).

But Babcock’s Times quote goes beyond lying.  It is direct, false accusation of everyone involved in the Leal conviction, from the police who arrived at the murderer’s house to the U.S. Court of Appeal for the 5th Circuit, which, David Paulin writes, strongly affirmed Leal’s guilt.

Luckily for Ms. Babcock, her accommodating and incurious pals at the Times do not cite the appeals record.  Nor do they interview anyone who might disagree with her fable of “foreigner” Leal’s Bread-and-Chocolate disorientation with the country where he has lived since he was in diapers.  The word of one academician who grotesquely fibbed her way through two previous paragraphs apparently trumps our entire appellate legal system:

“This was an eminently defendable case, and I don’t think it would have been a capital case if he’d had decent trial counsel” from the start, said Sandra L. Babcock, a Northwestern University law professor representing Mr. Leal on behalf of the Mexican government.

Contrast this with the brief summary of Leal’s appeals compiled by John G. Winder.  Brief, but too long to list here.  Would it be too much for the Times to acknowledge that Leal has had at least 45 different hearings and appeals?

Maybe the Times is just practicing for the time when decisions about American justice are being made in the Netherlands, or 760 United Nations Plaza. In any case, reporter Brian Knowlton blithely allows a passel of activists to insist, one after the other, that Leal’s defense was insufficient, without once mentioning those 45 hearings.

Reading Times articles like this one does have its advantages.  It is amazing, the things you can learn when observing activists in their own natural surroundings.  Mexico’s justice system may be incapable of staunching the flow of blood on their own streets, but they’re spending millions of dollars defending outsourced child rapists and murderers from the vagaries of American jurisprudence:

Early assistance in murder cases also matters, said Noah Feldman [continuing the 'poor Humberto' meme], a Harvard law professor: [sic] Prosecutors know that seeking the death penalty is a long, difficult, expensive process, and they carefully weigh their chances. Knowing that the accused will be well represented could tip the balance away from seeking death, he said.

With that sort of idea in mind, Mexico in 1999 created an ambitious legal assistance program to aid its citizens in capital cases. The program’s director, Gregory Kuykendall, now heads a team of 32 lawyers; in the year ending in May, Mexico spent $3.5 million on the program, according to the Sunlight Foundation, which focuses on government accountability.

Richard Dieter, executive director of the private Death Penalty Information Center, said Mexico’s active legal support had probably contributed to a decline in death penalty cases in Texas. “I think part of it is just better representation,” he said. “Mexico gives advice to other countries about how to do this.”

So if you want to come to America to rape and murder young women, either tomorrow or some time in 2028, it’s best to get Mexican citizenship first.

However, also according to the Times, the U.S. is not far behind Mexico in preparing the ground, as it were, for the future transition to governance by the United Federation of Planets:

The State Department has held hundreds of training sessions across the country to familiarize federal, state and local law-enforcement officials with the Vienna treaty and has issued a 144-page booklet outlining the requirements, with translations in 20 languages, including Creole and Cambodian.

Written, of course, by the International Association of Chiefs of Police, the same “private” organization paid a pretty taxpayer dime to decide and then tell us stuff like why it is that some crimes are called hate crimes and some crimes are just bashing in a young girl’s head while raping her with a stick.  It’s not how laws are written and passed by elected legislative bodies, you see.  What really matters is the opinion of experts like law professors, Eric Holder, the IACP, the United Nations, and the Hague.

At the end of this dark, long road to dismantling the American Justice System, there lies — what?  The District Court of the United Nations Human Rights Council?  The fact that President Obama has joined forces with the United Nations to side with Humberto Leal and against our own courts is terrifying. In the wake of the Casey Anthony verdict, it has also gone unnoticed.  Justice for Adria Sauceda and Caylee Anthony?  Not in this America.

War on Cops: It Takes a Village to Kill a Cop

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Last spring was a bloody time for police officers. Chicago buried three officers in fast succession.  Tampa/St. Pete, where I live, saw two officers gunned down and two more wounded (seven more police in Florida, three in Tampa/St. Pete alone, have been shot to death since then).  Nationwide, by the end of the year, 59 cops had been murdered in shootings.  The previous year, 2009, ended on a bloody note, too.  On November 29, in Lakewood, Washington, Maurice Clemmons gunned down four officers as they sat eating breakfast in a restaurant.

Maurice Clemmons

Despite a lifelong history of extreme violence and mental instability, Clemmons’ primary experience of the justice system was “catch and release,” that is, the police caught him, and everybody else let him go.  So when he went really off the deep end, is it any wonder that he picked cops — and not judges, or lawyers, or parole board members, or politicians — for his targets?  Then-Arkansas-Governor Mike Huckabee pardoned Clemmons in 1999 despite a disturbing and precocious record of violence on the streets and while in custody.

Mike Huckabee

Huckabee grandstanded about his Christian motives for releasing Clemmons and other predators, as Clemmons immediately began committing crimes again: aggravated robbery, theft, parole violation.  But Arkansas justice officials continued their pattern of leniency: he managed to get out of one ten-year sentence in only two years, and his parole violations were simply ignored.  A free man, Clemmons moved to Washington in 2004.

In 2009, he assaulted neighbors, passing cars, a police officer and jail employees.  Yet in the amnesiatic calculus of sentencing, he was only charged with a fraction of these assaults and was released on bail.  That week, he sexually assaulted two young nieces and held them captive.  Arrested again, he was evaluated by psychologists who said that he was dangerous, but another judge granted him bail.

Unsurprisingly, Clemmons also ignored the terms of that bail: he had been taught by “the system” that breaking the law after an arrest is frequently overlooked.  Arkansas authorities notified Washington state and said they didn’t care that he had violated parole in their state, so he was not extradited.  He purchased guns and showed them to several relatives and friends, telling them that he was going to kill policemen and schoolchildren.  He did this at a Thanksgiving dinner at which he was apparently welcomed despite the sexual assault of his child relatives.  He talked there about his plans to cut off his GPS monitor in order to lure police to his house to kill them.  Nobody called the police to warn them.  He cut the GPS monitor off his ankle, and nothing happened to him.  He even told people that he had tried to drive to a police station to start shooting people but had experienced car problems.  Nobody dialed 911.

The story of Maurice Clemmons is like a fable where people drift slowly towards a crisis, seemingly without the means to veer away.  Yet this is not true: anyone might have alerted police that Clemmons had purchased a weapon and was planning to use it to kill innocent police officers and schoolchildren.  On the other hand, what if someone did dial 911?  The police know that the Maurice Clemmons of the world are protected by many rules and just as many exceptions to rules.  What if they picked him up, and the incident turned into an ambush where others were hurt?  They would be blamed for framing an “innocent” man, a man who had “done nothing more than complain about police brutality in the past,” as the story would doubtlessly be told.  The child-rapes, threats, previous assaults on authorities, and Clemmons’ criminal past would all be erased in favor of an image of a persecuted minority man.  This is precisely the way the shameless Christian Science Monitor spun the story of another cop-killer in Georgia this week.   Thus are the flames of anti-police hatred fanned.

A fellow Arkansas felon who was also in violation of parole drove Clemmons to the town of Lakewood.  When the men saw a police car, Clemmons got out, walked into the restaurant where four officers were sharing breakfast, and shot them dead: Mark Renninger, 39; Ronald Owens, 37; Tina Griswold, 40; and Greg Richards, 42.  Clemmons’ friend drove him away, and other people, including his sister, helped him escape town. Someone phoned in a false tip to police, which delayed his capture and endangered innocent people.  Clemmons was finally caught two days later, when his car broke down.  Armed with a dead officer’s gun, he charged another police officer, who shot him.

It takes a village to kill four policemen. Mike Huckabee, judges and parole board members in two states, Clemmons’ relatives and friends, his wife, his aunt, and his sister: they all contributed to the murders.  High-ranking court officials in two states made decisions that released Clemmons back into society no matter what he did and no matter what he said he would do next.  Psychologists said he was dangerous; he held two little girls captive, one for days, and sexually assaulted them, and still there were no immediate consequences, and he was welcomed by family and friends.  Only police tried to remove him from the streets, and only police died.

This is the real war on cops: it involves hatred, and negligence by many authorities who aren’t policemen.  All through 2010, when one officer after another was gunned down in Chicago, and Memphis, and Tampa, and Los Angeles, Barack Obama said nothing.  Eric Holder, “the nation’s top cop,” remained silent.

It may be disturbing, but their silence shouldn’t be surprising.  Both men have credentials that place them, politically, in opposition to police.  Throughout Holder’s career, he has taken extreme positions against police safety, representing terrorists and even securing the release of murderers who targeted cops.  It was incongruous for Holder to remain silent as men and women under his command experienced rising levels of violence.  But it would have also been incongruous had he chosen to speak out, given his previous alliances with anti-cop social movements.

Was it incongruous for Obama to insist on staging a televised “beer summit,” allegedly designed to ease tensions between blacks and police, without once acknowledging the rising death toll of police officers of all races?  Between the time when Harvard Professor Henry Gates was arrested and briefly detained, and Obama’s famous “beer summit” with Gates and the publicly chastened officer, six cops were killed or succumbed to wounds received in the line of duty.  Six cops dead in a little more than a week, and in the Rose Garden, not one word was said about the public’s responsibility towards cops, or the sacrifices these cops made to keep people safe.

Thus Henry Gates’ temporary discomfort at the hands of an officer who was actually just trying to protect Professor Gates’ property was deemed more important that the murders of six cops, so much more important that the dead police were not even part of the conversation.  This is a calculus, too.

Deputy Sheriff Robbie Chase Whitebird, Seminole County, OK; Deputy Sheriff Marvin Gene Williams, Seminole County, OK; Sgt. David Joseph Kinterknecht, Montrose, CO; Border Patrol Agent Robert Wimer Rosas, Jr.; Sgt. Steven Edward May, Modesto, CA; Detective Marc Anthony DiNardo, Jersey City, NJ.  Oklahoma, New Jersey, California, Colorado, Texas.  Six cops who died while the President and the Attorney General grandstanded against the police.

The “Beer Summit”

A year later, Obama and Holder still had nothing to say when violence against police took a terrible toll in their hometown, Chicago.  Thomas E. Wortham IV, a young Chicago officer who had ironically just returned from the memorial for murdered police officers in D.C., was gunned down in front of his father, a retired police officer.  Two other Chicago cops were soon dead, to resounding silence from the White House and the Justice Department.  Imagine how powerful it would have been if Obama had travelled to Chicago and talked about those deaths.  He did return to Chicago for a vacation at that time.  But he said nothing in public about the loss of policemen’s lives.

Police Officer Thomas E. Wortham IV, Police Officer Thor Odin Soderberg, Police Officer Michael Ray Bailey Sr., all Chicago PD.

According to the Officer Down website, since 2009 there have been 128 officers killed by gunfire, nine fatal assaults, and 21 vehicle assaults — 159 officers murdered in 27 months.  This represents a steep rise which continues to grow steeper this year.  Last week, Eric Holder finally acknowledged the war on cops.  But he wasn’t exactly passionate about it, the way he is with pro-offender issues, like “prisoner re-entry.”

He did announce one promising initiative:

Ask local prosecutors to identify the “worst of the worst” – offenders with criminal histories who cycle in and out of local jails and state prisons – and discuss whether any of these repeat offenders may be prosecuted under federal law for offenses that make the offender eligible for a stiffer sentence.

Considering the careers of men like Maurice Clemmons, that makes sense.  But it is also in direct conflict with scores of programs and research studies Holder has been sponsoring that single-mindedly promote “alternatives to incarceration,” the types of programs that enabled Clemmons to be out on the streets in the first place and fed his paranoid, obsessive hatred.  Such studies — academic activism, really — always manage to prove what the researchers were seeking: that incarceration “doesn’t work,” or is “unfair” merely because there are higher percentages of blacks than whites in prison.  These claims become powerful instruments in the political movements to roll back effective sentencing in the states, including sentencing for prolific recidivists like Clemmons, who directly benefitted from efforts to reduce sentences for people convicted of crimes at a young age (one of Holder’s most passionate causes).

So why use federal law to target recidivists while you’re also quietly undercutting laws in the states that target recidivists?

Philosophically and politically, Obama and Holder side with those who oppose the best measures that tackle offenders who pose the biggest risks to police: amoral adolescents with guns and repeat offenders who ought to be serving long sentences.  More importantly, through relentless talk about perceived racial injustices, Eric Holder has fed the paranoid anger of those who believe that law enforcement is illegitimate — this is, after all, the man who put his own career on the line to free FALN terrorists who targeted police and innocent civilians.

That, he certainly believed in.

Holder has a great deal more work to do before he proves that he is no longer accommodating the village that sees nothing wrong, and a great deal to recommend, in killing cops.  I don’t think the nation’s so-called “top cop” is really all that interested in protecting policemen’s lives.  Somebody has to say it.

Robert Chatigny: By Nominating Him, Obama Shows Extreme Contempt For Victims

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Barack Obama is arguably the most offender-friendly, victim-loathing president the country has ever seen.  His judicial and political philosophies are reflexively anti-incarceration.  His political career suggests a particularly disturbing pattern of disrespect for victims of sex crime.

In the Illinois state senate, Obama was the only senator who refused to support a bill allowing victims of sexual assault to have certain court records sealed.  The bill was intended to protect victims from having their sex lives and other extremely personal information (medical and gynecological records) splayed out in the public record for all to see after a trial had ended.  The legislation was written to protect the dignity of women who had been victimized by rapists, and then re-victimized in the courtroom at the hands of sleazy defense attorneys.

The vote for the bill was 58 – 0.  Obama alone abstained from voting, though he was present.

So, while Obama was far from the only liberal in the Illinois state senate, he was the only liberal in the Illinois state senate who believed that a victim of rape has no right to conceal from the public, for example, the fact that she contracted a venereal disease or was impregnated by her attacker.

And, as he had done so many times before, Obama didn’t even display the courage of his convictions by openly voting against the bill.  He voted, merely, “present,” so his opposition to the law would be easier to conceal in subsequent elections.

It would have been far less contemptuous to simply vote “no.”  Then, at least, victims would know precisely what the young senator and constitutional law professor thought of their dignity.  Abstaining from voting sent a stone-cold message — that Obama considered any consideration of the privacy rights of raped women to be quite a few rungs lower than his future political ambition.

It is important to understand that this vote against victims’ rights was no isolated case in the president’s history, as we are reminded today, when news broke that Obama was nominating U.S. District Court Judge Robert Chatigny for the Court of Appeals.

Chatigny is far from the only liberal judge sitting on the bench, but he is the only liberal sitting judge who became so enamored of a sexual serial killer that he denounced the state for deigning to prosecute, let alone convict, the killer.

Michael Ross started raping at an early age, and he had raped and murdered at least eight young women by the time he was caught.  Although there was no question of his guilt, from the moment Ross entered the legal system, he attracted vocal, activist supporters.  This is, sadly, not unusual: raping and slaughtering eight innocent women is, in some circles, quite a draw.  Records from Ross’ trial and appeal barely focus on the young women: they are the usual intricate inquiry into Ross’ feelings, Ross’ rights, Ross’ mood on death row, Ross’ childhood, Ross’ dating disappointments, ad infinitum.

Oh, and the hurt feelings of one hired defense psychologist, who believed he was being dissed by a trial judge.

The system disappears the victims, then the courtroom disappears the victims, then the appeals process disappears the victims, so by the time activists like Robert Chatigny set out to rehabilitate vicious torturers like Michael Ross, there’s no need to haul out metaphysical barrels of lye to dissolve what’s left of his crimes.  That had already been done, with an efficiency that would make an Argentinian death squad spill tears of shame all over the helicopter tarmac.

Judge Chatigny looked at Michael Ross and saw, not a killer, but someone who was suffering from “sexual sadism” and thus should not be held responsible for his actions.  The judge presented a sort of a twinkie defense on Ross’ behalf, the twinkie being Ross’ compulsive inability to stop torturing women.  Ross had been posturing the same defense from death row for two decades: in the killer’s mind, and the judge’s mind, he was the victim of a cruel mother, world, impulse disorder, judiciary, counsel, jury, and insufficiently plumped procedural protections.  But especially, he was a victim of this faux sadism syndrome, the existence of which, in Chatigny’s mind, supercedes the fatal outcome of Ross’ crimes and delegitimates the state’s prosecution of him.

Fox News reports:

[Chatigny] repeatedly stuck up for Ross, saying he suffered from “this affliction, this terrible disease” and suggesting Ross “may be the least culpable, the least, of the people on death row.”  “Looking at the record in a light most favorable to Mr. Ross, he never should have been convicted,” Chatigny said [emphasis added].  “Or if convicted, he never should have been sentenced to death because his sexual sadism, which was found by every single person who looked at him, is clearly a mitigating factor.”

He never should have been convicted?  Really, really enjoying torturing and killing women is a mitigating factor?  This is the mindset Obama chooses to elevate?

Michael Ross: Not a Victim

The legal strategy crafted by Michael Ross and his supporters was to present Ross as a helpless victim deserving of empathy, instead of a vicious killer meriting punishment.  This is not merely a favored strategy of anti-incarceration activism: it is perhaps the most cherished “ethical practice” of the Left.

It is also only effective if the victims’ lives and suffering are simultaneously erased — buried, and forgotten.  Killers can only be elevated if the memory of their victims is systematically denied.  That is what Judge Robert Chatigny did to Ross’ victims in 2005 and what Obama is doing to them now.

I don’t believe for a moment that Obama nominated Chatigny to the higher bench despite the judge’s horrific transgressions in the Michael Ross case: I believe he nominated Chatigny because of those transgressions.  That would be entirely in keeping with the legal and political worldview Obama has endorsed throughout his career.  And, yes, this is extremely disturbing.

Chatigny’s other claim to fame is opposing sex offender registries.  If this administration gets its way, will sex offender registries become a thing of the past?

Here are the names of Ross’ known victims (their photos are here). Little girls, some of them.  All dead, now.  Too bad Eric Holder doesn’t call them victims of hate crime.  If he did, the president would not have nominated the man who set out to liberate, and valorize, their killer:

Dzung Ngoc Tu, 25, a Cornell University student, killed May 12, 1981. Paula Perrera, 16, of Wallkill, N.Y., killed in March, 1982. Tammy Williams, 17, of Brooklyn, killed Jan. 5, 1982. Debra Smith Taylor, 23, of Griswold, killed June 15, 1982. Robin Stavinksy, 19, of Norwich, killed November, 1983. April Brunias, 14, of Griswold, killed April 22, 1984. Leslie Shelley, 14, of Griswold, killed April 22, 1984. Wendy Baribeault, 17, of Griswold, killed June 13, 1984.

Barack Obama should reach out to every one of these families and apologize.

~~~

Senators Chris Dodd and Joe Lieberman are supporting Judge Chatigny’s appointment.  Call the Senators’ offices and urge them to withdraw their support.

Senate Judiciary Chairman Patrick Leahy suspended hearings on Chatigny’s appointment when prosecutors from Connecticut sent him a letter outlining the Ross scandal.  Call and encourage Leahy to take the prosecutor’s concerns seriously.

Senator Jeff Sessions is vocally opposing the nomination.  Thank the Senator for taking a stand.

The Coming Year of Prisoner “Re-Entry”: Attempted Murder in Chicago, Then Back on the Streets in a Fortnight

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As the Justice Department and everybody else barrel forward with plans to get as many violent offenders back on the streets as quickly as possible (to save money, you know, and aid those poor benighted, imprisoned souls), here’s a reminder of the inevitable consequences of anti-incarceration-early-re-entry-alternative-sentencing-community-control chic, from the Chicago Sun-Times, via Second-City Cop:

She lost 20 teeth. She suffered a brain injury and seizures. And she struggled to pay her medical bills because she didn’t have insurance.  Jen Hall was the victim of a brutal, disfiguring beating outside a Jewel store in the South Loop in August 2008.

Her attacker, Derrick King, was later sentenced to three years in prison for the crime. King, 48, went into state Department of Corrections custody in early October, but he was paroled only two weeks later under a policy change by Gov. Quinn’s administration. . .

On Aug. 25, 2008, King and Joyce Burgess attacked Hall and her boyfriend, police said. King asked the couple for cigarettes, but when they said they didn’t have any, Burgess knocked down Hall, who was celebrating her 36th birthday.  King, who police say was homeless, kicked Hall in the head and face, knocking out her teeth. King also struggled with Hall’s boyfriend and reached into his pockets to try to rob him, police said.  King was convicted and sent to prison on Oct. 6. He was paroled under the MGT-Push program on Oct. 20, records show.

And then, of course, he not only immediately set out to commit another crime, but he terrorized his next victim by bragging to her that he was the man who had attacked Hall:

Then, on Oct. 21, King was nabbed by Chicago Police in a similar crime. He threatened a 49-year-old woman after asking her for a cigarette in the 500 block of West Roosevelt, not far from where he beat Hall.  When the woman declined, King said: “Remember the couple who got beat up real bad for not giving a cigarette? That was me!” according to a Chicago Police arrest report. King then charged toward her, police said. The woman flagged down a patrol car and the officers arrested King. Police charged King with simple assault, a misdemeanor.

Disturbed yet?  Here’s where it gets even more disturbing. Even after King tried to beat two people to death, then attacked a third victim, the Department of Corrections was not particularly motivated to pull him in.  He was almost on his way out the door again, and it sounds as if only police vigilance actually resulted in Corrections agreeing to issue a warrant:

The Department of Corrections initially declined to issue a warrant to send King back to prison on a parole violation, but eventually a parole supervisor signed off on a warrant, according to the police report.

So if this were not a case of some notoriety, it is likely that no judge or parole official or prosecutor would have bothered to enforce the law regarding King’s parole.  I can’t count the times I’ve looked up an offender’s record, and he has two, or five, or ten additional recorded offenses during the time that he is on parole — that is, during the time that he is supposed to be returned to prison for any additional offense.

And it’s not as if people like this get caught every time they throttle someone.  How many of his fellow homeless has King beaten or threatened?  How many people has he terrorized, people who escaped and decided, reasonably, that there was simply no point in trying to get the authorities to act on a criminal complaint?  Derrick King nearly killed a woman and strolled out of jail fourteen days later.

Fourteen days for what should have been attempted murder.

Illinois Governor Pat Quinn is now calling his secret early release of violent offenders “a mistake.”  Bunk.  A mistake is when you do something in error: this is both a guiding philosophy and a policy.  The offenders released in two weeks are merely one step further down a deliberative path that has similar offenders released after two months or six months, at most.

Or simply not prosecuted in the first place.

Derrick King’s early release is something that happens with most offenders in every major city in the country, with the exception of those that have reformed the behavior of their courts by adopting “broken windows” policies, most notably, New York City.  A Derrick King probably wouldn’t slip through the cracks in New York City: he slipped through in Chicago.  It’s simple, really.

And yet, in much of the mainstream media, and in the universities, and in courtrooms, and in Eric Holder’s Justice Department, the mantra of “emptying the prisons,” and “prisoner re-entry” is relentless.  The Justice Department is funding (that is, we are funding) scores of programs designed to keep the maximum number of offenders out of prison and in the communities where they victimize others.  These programs go by various names and make various unattainable promises, but they operate on one unifying principle: anything but incarceration as the default response to crime.