Earl Wesley Berry, Convicted of Murdering Mary Bounds, Celebrates Supreme Court Stay of Lethal Injection; Bounds Family Irate With Delay?

Like it or not, the Hillary P.s and J.J.s of the world are gaining momentum in their fight against the death penalty. Informal Legal Pub reader polls shows that approximately 55% of those surveyed apparently oppose the death penalty. However, of the 45% of readers in favor of the death penalty, many believe it should be reserved for the most severe and or heinous crimes.

The Supreme Court granted a last-minute reprieve Tuesday to Earl Wesley Berry. Berry was convicted for the 1987 murder of Mary Bounds. (Berry was less than an hour from being executed by injection when the stay was granted.) Mississippi citizens in opposition to the death penalty had apparently written Gov. Haley Barbour on behalf of Berry with out success. The letter writing campaign argued that executing Berry would violate the right to life as declared in the Universal Declaration of Human Rights and constitute cruel and degrading punishment. They further argued that it would be unconscionable for the state of Mississippi to proceed with any lethal injection before the U.S. Supreme Court has established protocols for when, if ever, capital punishment is justified. The Governor apparently did not act. However, the Supreme Court jumped in literally minutes before the execution and granted an emergency stay of execution. (Talk about your dramatic game winning saves...)

Currently, Justices are pondering whether lethal injections are ever constitutional. Death penalty foes such as Sister Donna Gunn, celebrated the Wesley Berry news outside death row in Parchman, Miss. The reprieve was an indication that perhaps all lethal injections will be halted until the Supreme Court rules. Meanwhile families of victims are not happy. The court's intervention upset Mary Bound's family. Charles Bounds, her husband, expressed his disappointment. "Now you want to tell me that we got a fair shake today?" he said at the press conference. Jena Watson, Mary Bounds' adult daughter, was visibly upset at the news conference.

Undoubtedly, the families of Harrell Franklin Braddy and the family of his victim, Quatisha Maycock and her mother, Shandelle await the Supreme Court's final ruling as to whether lethal injection is cruel and unusual punishment under the U.S. Constitution. No matter what the Supreme Court's final decision, one thing is for certain, Braddy will not be executed anytime soon.
* Note: A 2006 Gallup polls showed that 65% were in favor of the death penalty with 07% having no opinion. So are legal pub readers "different" or has public opinion changed because of DNA revealing some convicted criminals were innocent?

Update 4-22-08 With the recent Supreme Court decisions, Wes Berry's execution will be rescheduled in the immediate future.

Update 5-1-08 The U.S. Supreme Court ruled April 16 that the three-drug procedure of Kentucky — that sedates, paralyzes then kills — does not violate the constitutional prohibition of cruel and unusual punishment. After the court's decision, Mississippi Attorney General Jim Hood requested that Berry's execution date be set for Monday, which is Berry's 49th birthday. The Mississippi Supreme Court has not ruled on the request. Berry could become the first convict put to death in the United States since Texas executed Michael Richard on Sept. 25.
Georgia may execute William Earl Lynd on May 6 for the murder of his girlfriend. That is the earliest date that has been approved by a state court. A clemency hearing is scheduled for Monday in Lynd's case. On Wednesday, a federal judge ruled Georgia's method of execution which is similar to Kentucky's does not violate the Constitution. Berry's attorneys filed a motion Tuesday arguing he is "mentally retarded" and "that Mississippi's lethal injection creates a substantial risk of serious harm in violation of the Eighth Amendment because there are no safeguards such as those that Kentucky has in place." Stay tuned.
Update 5-6-08 Looks like the Mississippi Supreme Court has reset the execution for May 21, 2008. (Earl Wesley Berry just celebrated his 48th birthday.)
5-22-08: Yesterday the State of Mississippi executed Earl Wesley Berry. No happy ending for any one here. Best we can say is that it is over.

Boy Failed To Heed Smokey The Bear's Warning About Playing With Matches -by Legal Pub

Today's education of our youth is clearly deficient. Parents depend upon teachers while teachers depend on parents all resulting in certain fundamental truths not being taught. One such truth is "Thou Shall Not Play With Matches." Now a boy, whose name and age are not public knowledge, has apparently admitted to sparking an October 21st fire according to Los Angeles County sheriff's Sgt. Diane Hecht. "He admitted to playing with matches and accidentally starting the fire," she explained.

The child was released to his parents. It is not clear whether the district attorney will file charges. The fire apparently began near Agua Dulce. It was one of 15 major fires that killed 14 people, destroyed some 2,100 homes and blackened 809 square miles from Los Angeles to the Mexican border. Five people have been arrested for arson during that period. Legal Pub believes all should be prosecuted (the child as a juvenile) and that the public should be forced to watch Smokey the Bear who at the end of all films should say, "Arsonists will be prosecuted to the full extent of the law." This boy and his parents may be held responsible in civil court to pay monetary damages for the 21 homes the fire destroyed. Parents, this is your wake up call! Whether the boy is 10 or 14 it will not likely affect the civil liability. It may affect whether he is charged as a juvenile.

Inconsistency in Politics Is Out Of Control

Politics has become real confusing. Take the Republican party. Governor Arnold Schwarzenegger is a rising Republican star who supports the Republican anti drug theme. Yet Yet Gov. Arnold Schwarzenegger is quoted as saying marijuana is not a drug according to a British magazine. (He said it was a "leaf.") A spokesman said the governor was only joking, but Legal Pub has its doubts.

Schwarzenegger told GQ (the British edition of the magazine) that he had not taken drugs. However, the former "terminator" acknowledged using marijuana in the 1970s and was shown smoking a joint in "Pumping Iron" the 1977 documentary. So much for Republican consistency. How about the Democrats?
To be a Democrat as long as you follow some simple rules:

1. You have to be for abortion but against capital punishment.

2. You have to believe that businesses create oppression and governments create prosperity.

3. You have to believe that guns in the hands of U.S. citizens are more of a threat than Nuclear weapons in the hands of Chinese, Iran and North Korean communists.

4. You have to believe the same teacher who can't teach fourth graders how to read is somehow qualified to teach those same kids about sex.

5. You have to believe that self-esteem is more important than actually doing something to earn it.

6. You have to believe the NRA is bad because it supports certain parts of the Constitution, while the ACLU is good because it supports certain parts of the Constitution.

7. You have to believe that taxes are too low, but ATM fees are too high.

8. You have to believe that standardized tests are discriminatory, but racial quotas and set-asides are not.

9. You have to believe that the only reason socialism hasn't worked anywhere is because the right people haven't been in charge.

10. You have to believe conservatives telling the truth belong in jail, but a liar and a sex offender should be paroled.

11. You have to believe homosexual parades should be constitutionally protected but Christmas manger scenes prohibited.

12. You have to believe that it's okay to give Federal workers the day off on Christmas Day .........but it's not okay to say "Merry Christmas."

Ready to vote???

Chaim Lazaros Can Not Possibly Include All of the Real Life Heroes in His Documentary update 11-1

While on a law school campus waiting to judge a Moot Court competition, a costume clad law student passed by and suddenly among the autumn leaves there was time to contemplate what constitutes a hero. What is a hero? We all agree that the firefighters and policeman who were first responders to 911 were all heroes. Arnold Schwarznenegger repeated the phraseology when referring to fire fighters after the recent California fires. President Bush often refers to our military fighting in Iraq as heroes. But are these the only heroes?
How about the people who clean the streets of New York? Near Halloween, people infiltrate Times Square wearing capes, masks and uniforms cleaning the streets of litter. Members of Superheroes Anonymous (allegedly created by Chaim Lazaros) also passes out crime-prevention literature to educate people on how not to become victims. Chaim Lazaros organized the independent super heroes by gathering independent "heroes" together in New York for a documentary he is filming. Members of his group refuse to provide the press with real names so as to protect their identities. Most patrol their own neighborhoods.

So who are these so called heroes? One calls herself Street Hero wears a black mask and is trained in martial arts. She apparenttly tries to teach prostitutes how to defend themselves.
Another, "The Super" fixes faucets and does electrical work for people in need. He wears a red cape, a yellow shirt and a white mask.

Do heroes need to wear a uniform? Legal Pub thinks not. Not even close. There are thousands of teachers that go beyond the call of duty to educate children. There are volunteers manning suicide, drug and alcohol hot lines. Thousands of others work in soup or food kitchens for the poor. Thousands of lawyers offer services pro bono or at a minimal charge. There are doctors and nurses volunteering at indigent health clinics. How about people who stop to aid a stranded motorist? Certainly they are heroes. There are millions who give to charities. Foster parents and adoptive parents are every where.

How about "green" advocates who help to save our environment? Those living in solar powered homes and driving electric or hybrid cars are certainly answering the call of duty. Water conservationists, farmers, crop harvesters... they are all heroes. The list goes on indefinitely.

While the millions of every day super heroes don't wear costumes and are not likely to be included in documentaries like Chaim Lazaros movie, they don't need to be. Philanthropy is alive and well in the United States. Keep in mind that any one who is not currently a super hero is simply a Clark Kent in disguise just waiting to bloom into the next Albert Schweitzer.
Update 11-1: James Zadroga was a New York City detective who had worked at the ground zero. He later died of a respiratory ailment. An autopsy indicated he injected ground-up pills, which lodged in his lungs. AOL joins the debate of what constitutes a hero. LINK

Update 2-16-10: Any further comments or updates on this story need to be sent to legalpub@legalpub.net and they will be posted accordingly.

Surfing Waves Beats Fleeing California Flames Any Day -by California Surfer Dude Edits by Legal Pub

Keep in mind, while my peers may have been attending class in journalism 101 back in the day, I was probably cresting major waives with a rubber band keeping my hair out of my eyes. So excuse my ignorance as I give you a thumbnail sketch of the southern California scene as the Surfer Dude sees it. Hopefully, Legal Pubmeister will provide some of his edits.

The good news: Despite all the negative press, firefighters have done a great job and are true heroes. Thousands of evacuees (temporary homeless dudes and dudettes) returned home on Thursday and Friday. Evacuation orders are no longer in place for most residents of San Diego county. San Diego Mayor Jerry Sanders said Qualcomm Stadium shelter, which had 10,000 people, closed at noon on Friday.

The bad news:

Border Patrol agents near Barrett Junction (east of San Diego) found four bodies along the Mexican border. This is an area that has a rep (reputation) for being the number one place that illegals (illegal immigrants) enter into the U.S. Paul Parker (San Diego County Medical Examiner's Office) is quoted in the local rag sheet (news paper) as it being three men and one woman.

Sunday, a 52 year old dude from Tecate (near Mexican border) was found dead in the remains of his burnt home in San Diego County. Two other bodies were also found in the remains of another home, I believe yesterday. Home owners in this area had all been asked to evacuate.
Best I can count, and math was not popular in my circle on the beach, three have been killed by flames and seven others have died from causes associated with the evacuation. As for names, John Christopher Bain, 58, a mortgage broker, and his wife, Victoria Fox, 55, a teacher, died in Escondido.

50 some firefighters and another 30 or 40 people have been injured in the fires.

How much has burnt?
More than 487,000 acres (about 760 square miles) of trees have been consumed. Over 1,800 homes have been destroyed. They estimate between 20 and 30 thousand more homes may be in jeopardy depending upon the winds and weather. Most fires are contained but a few are only 30 percent contained in San Diego County and the Lake Arrowhead mountain resort area (east of Los Angeles.)

Touring Celebrates

President Bush gawked at the damage in Rancho Bernardo creating great photo ops (opportunities.) Our President declared seven counties a major disaster area, making locals eligible for federal money.

At least 52 firefighters and about 30 other people have been injured.

Los. Angeles.

We used to say, on a clear day U.C.L.A.! Well, with all the smoke and all, even the university was obscured. 21 homes burned
In the Los Angeles area, fire crews worked to tamp out many wildfires, including two that burned 21 homes and are now fully contained.

San Diego officials said Thursday the number of homes destroyed had surpassed 1,400, about 400 more than previously reported. That would bring the number of homes destroyed in the seven affected counties to at least 1,800.

Criminal Intent

Arson has been identified as the cause of the 26,000-acre blaze in Orange County. Five people in San Diego, San Bernardino and Los Angeles counties are guest of the authorities (arrested on suspicion of arson) but I think this relates to only smaller fires. Another dude (suspect), was shot to death as he fled San Bernardino police. He has been identified as Russell Lane Daves, age 27, of Topock, Ariz. Officers apparently thought he was trying to set a fire.

Heading back north in my woody so later,

Surfer Dude

Paris Hilton Still on "Right Track" But Paris Invasion of Rwanda Is Postponed!

Since her brush with the law, Paris Hilton has shared with anyone who will listen her intentions to "do good." She has clearly started down the right path. However, "..due to the restructuring of the Playing for Good Foundation, the philanthropic trip to Rwanda that the foundation had previously planned with Paris has been postponed." Playing for Good Foundation is a children's charity. Andy Gelb, a spokesman for the organization, said he was unavailable for comment. Due to paparazzi, Paris is never too public about her wear abouts or plans.

Paris agreed to turn over a new leaf after serving 23 days in jail for violating probation in an alcohol related reckless driving case. Shortly after the news broke that 26-year-old Paris had promised to use her celebrity status for good causes, it was discovered that Paris planned to visit African (Rwanda) next month. Paris planned to visits to schools and health-care clinics. At the time, Paris told Newsweek, "I'm scared, yeah. I've heard it's really dangerous... I've never been on a trip like this before." (Obviously she has never spent a weekend at the beach with Surfer Dude!)

Paris needs to remember how she felt upon her release and stay true to her words, "There are a lot of bad people in L.A. Before, my life was about having fun, going to parties - it was a fantasy. But when I had time to reflect, I felt empty inside. I want to leave a mark on the world." Yes, Rwanda will leave a mark...

Want to Send Harrell Franklin Braddy or Anyone Else a Tripletz?

Harrell Franklin Braddy was convicted of murder for leaving a 5-year-old girl left to be eaten by alligators in the Everglades. (See 8-28-07 Legal Pub story updated 10-24 )

Harrell Franklin Braddy Gets No Mercy From Miami-Dade Jury As They Recommend Death For Throwing Quatisha Maycock to the Aligators! Update 10-24-07

A jury a few months ago recommended that Braddy be executed. Now that Braddy was sentenced to death last week by Judge Leonard Glick, some folks are relieved while others are outraged. Pending appeals that may last many years, debate on the death penalty and penal reform remains heated. There have been hundreds of comments and perhaps even more emails to legalpub@legalpub.net. It is difficult to personally answer all emails. So, to answer a common email question to those wishing to send appropriate cards to Shandelle Maycock expressing sympathy for the death of her 5 year old daughter, Quatisha, there may be a unique but efficient way to do so. www.Tripletz.com

Tripletz are a series of three custom designed cards, mailed by U.S. Postal Service sequentially for three days, that spell out a message to the recipient. Images can be selected from the Tripletz library of cards, or designed by the sender. Words are printed on the front side of each card. The backside of the first two cards has a message from Tripletz telling the recipient they are receiving a message by way of a three card mailing. Recipients keep the cards to spell out the entire message.

You could choose to let the Governor know whether you think he should stay Braddy's execution or carry out the execution using Tripletz. Similarly, support of any victim or their family could also be arranged through Tripletz.

Legal Pub has no financial interest in Tripletz. Neither does author of God is a Woman, Ian Coburn, but I imagine Ian Coburn could probably think of ways to use Tripletz as a dating tool. Viper could probably give advice on how to use Tripletz to prevent a few divorces. (Marriage strike advocates may be able to use it to prevent a few marriages and keep Viper looking for work!) L.S. might even be able to theorize its use to promote better awareness of crime prevention. With Halloween approaching, if you are like Blond bombshell and want to scare someone, perhaps a Tripletz will do the trick.

While posting comments on Legal Pub about Braddy's sentence probably remains the best way to rub elbows with others, including people who may make a difference, it never hurts to explore other options of communication.