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Justice Issues

The Firefighter Case: Part I Sticky

South Kanasa City Blast Site

South Kanasa City Blast Site

Five innocent people were convicted in February 1997 in the deaths of six Kansas City firefighters in 1988.  These two stories run a total length of 20,000 words, and won the Missouri Bar Association's annual "Excellence in Legal Journalism" award. On Oct. 30, 1998, the 8th U.S. Circuit Court of Appeals denied the appeal in the Kansas City Firefighters case. Read the full opinion here and our analysis of the opinion. On Oct. 4, 1999, the U.S. Supreme Court declined to grant certiorari in the case.

by J.J. Maloney

[Editor's Note: to read more about this case go to http://kcfirefighterscase.com ]

For many years Frank and Skip Sheppard were the Injun Joes of Marlborough - the down-on-its-heels neighborhood in southeast Kansas City where six firefighters were killed in an explosion Nov. 29, 1988. Like the character by that name in Tom Sawyer, they were perceived by many as evil characters in whose wake woe would surely follow.

These two brothers - large, forbidding Native Americans, scared people. When Skip Sheppard was in a car wreck that killed his fiancée and left him in a coma, some people said he deliberately drove in front of a truck to get rid of the fiancée.

So it's no surprise that Frank and Skip were among the early suspects in the firefighter case - and that Frank's girlfriend, Darlene Edwards, Frank's nephew Bryan Sheppard, and Bryan's best friend Richard Brown, would be included as well.

When the firefighter case had gone unsolved for eight years - and seemed incapable of being solved - these five became expendable.

The Scottsboro Boys: Jim Crow on Trial Sticky

July 13, 2009

The Scottsboro Boys

The Scottsboro Boys

The case of the Scottsboro Boys often seemed like one of dueling prejudices. Entrenched racism against blacks, anti-Semitism, the Madonna/Whore dichotomy, and regional stereotypes would all be on full display as the Scottsboro Boys grabbed headlines for well over a decade throughout the 1930s. It is a story of cowardice and heroism, of lies and manipulation, of fear and hatred, of caring and commitment, a story in which every facet of the human personality is seen in all its embarrassing weakness and glorious strength.

by Denise Noe

Solitary Confinement in Jails and Prisons

April 8, 2013

solitary confinement

Since the “War on Drugs” was launched in the mid-1980s, accompanied by mandatory-minimum sentences for drug offenders, the U.S. prison population has exploded from under 900,000 to 2.3 million prisoners. With correction budgets consumed by building new prisons and staffing them, rehabilitation programs were slashed. Prisons all over the nation turned – with disastrous results – to the use of solitary confinement as its primary means of control. More than 80,000 inmates are being subjected to long-term solitary confinement in the United States. Not one of them will leave prison undamaged by the experience.

                                                      by Shawn R. Griffith

I was 18 years old, sitting in a solitary confinement cell. My confinement was not a result of assaultive behavior, but instead a form of retaliation for refusing to jog. I was in one of the “Boot Camp” prisons so popular in the 1990s. This was a shock-jock program modeled after the Marines’ real boot camps, like the one at Camp Lejeune. Ostensibly, it was designed by corrections officials to make the initial incarceration of youthful offenders so brutal that it would change their ways and divert them from future crime and the institutional lifestyle.

Unfortunately, for political reasons, it was also calculated to advance only the least offensive youths for early release. The others, like me with an armed-burglary charge, were pawns to make the program appear as if it were functioning as it was intended. The most sadistic guards from the State of Florida were brought in, and they pushed the young men who they did not want to complete the program to the brink of death. When I finally refused to jog anymore, actually collapsing of heat stroke, I was taken to medical where they registered a fever of 102.5. I was given ice for my forehead and sent to the dreaded confinement for refusing orders.

The Murder of Trayvon Martin

Jan. 7, 2012

Trayvon Martin

Trayvon Martin

If George Zimmerman had obeyed the police dispatcher’s directive to remain in his car and to wait for patrol officers to arrive to question the person in the “hoodie,” Trayvon Martin would not have been shot to death.

by Don Fulsom and Alisha Dingus

When George Zimmerman goes on trial in the sensational Trayvon Martin murder case so will the“Stand Your Ground” laws and racial profiling.

Twenty-eight-years-old at the time he shot and killed 17-year-old Martin, Zimmerman now wears a monitoring device on his ankle and hides in near-seclusion at a secret Florida location. Fearful for his life, Zimmerman dons bulletproof apparel for his rare forays into public places, according to his lawyer.

Free on $1 million bail, Zimmerman is charged with second-degree murder in the February 26, 2012 shooting of Martin.  His trial is set for June 10, 2013.

The nighttime slaying took place in a middle-class, gated subdivision called “The Retreat at Twin Lakes” in the central Florida town of Sanford.  Martin, as he had several times previously, was there with his father visiting his father’s financee and her son. He had the free time to be there due to being suspended from his high school at the time. That evening Martin had gone out alone to buy some Skittles and ice tea and was returning from the store when his fatal encounter with Zimmerman took place.

Our Broken Justice System

Nov. 28, 2012

Prison Overcrowding

This essay is adapted from a presentation J. Patrick O’Connor gave at the Collier County, Florida, Main Library on October 16, 2012.

by J. Patrick O’Connor

The United States operates the largest criminal justice system in the world, incarcerating 2.3 million people in over 5,000 jails and prisons. Another five million Americans are on parole or some sort of conditional release program.  Since the so-called “War on Drugs” was launched during the Reagan administration in the early 1980s along with mandatory sentencing guidelines for drug possession and sales, our prison population has nearly tripled.  Over 50 percent of the people now incarcerated are in on drug offenses, thousands of them for marijuana possession.

Although the U.S. makes up less than 5 percent of the world’s population, we now incarcerate 25 percent of the world’s prisoners. Russia is a distant second. The U.S. justice system now imprisons its citizens at a rate roughly five to 10 times higher than the countries of Western Europe. It isn’t because U.S. citizens are five to 10 times more inclined to commit crimes than Europeans, it’s because our state legislatures have enacted a host of mandatory minimum sentences enhancements that took sentencing discretion out of the hands of judges and juries and placed it in the hands of “get tough on crime” prosecutors.  Over the last 15 years, these “enhancements” have doubled the average prison sentence for a wide variety of offenses. In terms of incarcerating youth, the disparity is far more pronounced. The United States incarcerates 336 per 100,000 youths. Austria incarcerates 25, Germany 23, Italy 11 and Japan 0.1. The second highest incarceration for youth in the world is 69 out of 100,000 in South Africa.

The Crime That Never Happened

May 21. 2012

Farah Jama

Farah Jama (L)

Farah Jama, a 21-year-old Somali immigrant in Australia was convicted – based on contaminated DNA evidence – of raping a woman he had never met at a bar in Melbourne he had never been to. His exoneration, after 16 months in prison, led to important reforms in how DNA material is collected from rape victims. 

by Liz Porter

All over the world, young men sometimes still go to prison for crimes they didn't commit. But in 2008, in Melbourne, Australia, a 21-year old Somali-born student went to jail for a crime that didn't even happen. This unlucky young man was not the victim of police corruption or manufactured evidence. Instead, he was convicted by a piece of forensic evidence produced in a one-in-a-million “CSI moment:” the kind of improbable, but theoretically possible scientific episode that only a scriptwriter for the famous CBS series might dream up.

Sadly for Farah Jama, his “CSI moment” was real. It happened at Melbourne’s Austin Hospital, one of several in the city with suites of rooms where rape victims are taken for forensic examination.

It was here, in the early hours of Saturday, July 15, 2006, that an agitated young woman was waiting for the on-call forensic doctor to arrive and examine her. There was a sticky-looking substance in her hair: male ejaculate from a sexual encounter she’d been involved in a few hours earlier. The episode, involving oral sex, had not been romantic. But the girl hadn’t been  raped. A girlfriend had urged her to pursue a rape allegation, but she later withdrew it.

As the young woman paced up and down, her hair was shedding tiny, invisible fragments of male DNA. These unseen flecks floated in the air, some near a trolley holding swabs, slides and other equipment. One tiny fragment landed in an open box of slides. It sat there, a microscopic forensic time bomb, waiting to go off.

Just over 24 hours later, the same forensic doctor returned, having been called in to examine another patient. As the woman lay down on the bed next to the trolley, the doctor opened the box of slides, unaware that at least one of them was already contaminated with male DNA. With a gloved hand she took a sample from the woman and dabbed it on to the slide. She then sealed the slide in an evidence bag, and handed it to the waiting police.

Four months later, that tiny forensic bomb exploded.

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