Showing posts with label Amanda Knox. Show all posts
Showing posts with label Amanda Knox. Show all posts

Thursday, November 3, 2011

JONAS SALK (and other insensitive bastards)


During the four year fight for justice for Amanda Knox, a question was repeatedly put to me and others (by people who mistakenly thought Amanda guilty): “Why are you defending Amanda Knox? Why not somebody else?” “Why defend (as it was recently put to me specifically) a middle-class white girl?”  The unavoidable, undeniable insinuation being, of course, that there are more “worthy” people to defend than the middle class, whites, and women.  It’s frankly a question which belies a certain bias, a certain hatred and a certain ugliness.

By the logic of that question, Emergency Operators should always answer the line with, “9-1-1, what is your emergency…..race, and social status?” In actual fact, many of these questioners put even more of a fine-point on the question, noting that Amanda was “American” and “attractive.” Certainly, I’m not arguing that Americans are worthy of justice, that’s simply absurd. But “attractive” has me stumped. Again, should calls for help be accompanied by headshots? (“My GOD that girl is ugly, roll the fire trucks!” Or, “I don’t know, the green eyes work just too well with the auburn hair, there’s really nothing we can do.”)

The question as to why anybody would come to the defense of a young white woman whom society considers attractive, is itself is so biased, so race-based, so economically prejudiced, so ignorant that one despairs for society.

The question says more than it asks. It says that the worth of a person is still judged by their race, color, social status and nationality.

Aren’t we yet as a people so far beyond this (at least philosophically) that such hate speech can be recognized for what it is? Do intelligent people really believe that people not “of color” or poor are less deserving of care, love, rescue, freedom? The concept is simply the 1960’s Selma, Alabama sickness – reversed.

I understand, maybe as much as anybody who has not experienced it directly, that there has been—and continues to be--terrible injustices based simply on the fact that a person is black, or brown or poor. As a young FBI Agent, I surveilled and attempted to infiltrate the Aryan Nations white supremacist organization in Idaho in the mid 1980’s when they were at their peak strength. As a white man, I saw an opportunity—and a responsibility—to do what I could to stamp out this type of hatred. I witnessed cross-burnings, I investigated race- and religiously-based murders, and I heard the seething, irrational hatred of bigots. After my identity as an FBI Agent was discovered, I was very nearly killed. But I helped put dozens of white men away (most for life without parole) for hideous crimes against people simply because they were Jews or non-whites. I spent two years investigating and prosecuting a man who machine-gunned day-care children because they were Jewish, and who shot a dark-skinned Filipino postal worker twice in the head because he was "non-white." (He got 600 years, but is eligible for parole in 540 years.) I’ve been there; I’ve seen it. I've examined the lifeless, bloody corpses of the victims and watched their relatives weep.


But even in the midst of my disgust and anger at the acts, I can tell you one thing; reverse bias is not the answer. The question as to whether a white woman is equally worthy of rescue from injustice is almost as obscene as the question as to whether black woman should be allowed to sit in the front of the bus.

Of course, the response of the questioners might simply be that they were not questioning Amanda’s worthiness, but the motives and bias of those working in her favor. (This question is easily refuted by the fact that they never questioned why we would help Amanda’s Italian male co-defendant.) But even the inference of bias among her supporters is grossly naïve and in itself bigoted. One might just as well ask why Amanda’s parents came to her aid. One might also ask why Dr. Martin Luther King chose to help blacks in America instead of blacks in South Africa. Was it self-serving? Did he care less about African blacks? Was he simply provincial?  I don’t think so. I think he saw a need close to him and was called to something he saw with his own eyes.  John F. Kennedy popularized a phrase that applies: “A rising tide lifts all boats.” One may argue convincingly that Dr. King’s efforts sped the end of apartheid. The nearness and familiarity with the victim(s) is also the reason that most initially came to Amanda’s aid. The movement consisted of friends, relatives, parents of school friends, family friends, and other Seattleites who viewed Amanda as “one of their own.” Others had either experienced similar injustices, or had careers, experience or interests which intersected with the case.

I would point out that many of those involved in Amanda’s defense were also involved in other cases, many of which involved people of color. As an example, I am currently involved in the case of the wrongful imprisonment of a man of Indian descent, and others were involved in the unsuccessful attempt to prevent the execution of Troy Davis in Georgia.

Dr. King, a man I deeply admire, wrote in 1963 from a jail in Birmingham, Alabama, “Injustice anywhere is a threat to justice everywhere.” King would not wonder if Amanda was equally worthy of rescue. Nor would he question the motives of people who were seeking justice in any arena.

Bias against a victim because they aren’t poor or “of color” is not a correction of a problem, it is not “balancing the scales,” it is simply revenge. If Martin Luther King’s vision of a society of complete equality was a great “dream” for which to strive, then revenge is simply the nightmare of a society far from that goal. It undoes everything the man stood for and stands in stark opposition to his dream. It amounts to no more than reversing the polarity of the bigotry. Sound waves are one of the few entities, philosophies or bits of matter in this world that can be eliminated by simple reversal. Bose has made a successful business selling “noise-cancelling” headphones. These devices sense a sound wave, reverse it, broadcast it, and thereby cancel it out. The only people who have ever made a living by continuous reversals of prejudice are coroners on the West Bank and arms dealers. Those who would deny justice to a person because they weren’t “of color” or "poor" are just as depraved as those who would deny justice to someone because they were.

To say the least, it is ironic that almost to a person, the people who ask this question are always the very same people who decry the fact that in the Kercher murder, a “black man” was being “blamed.” It really isn’t the Amanda Knox supporters who are “blaming” a black man, it is science. The DNA of African Rudy Guede was inside the sexually assaulted victim. The appeals court confirmed scientific findings that his bloody footprint was found on a bathmat, and his bloody handprints were on the victim's purse, which obviously have deluded some people into thinking that a person of color is capable of murder. Remember, nobody knew that the fingerprints and the DNA belonged to a black man when they were collected or tested.

The question; “Why a middle-class white girl?” might simply imply that persons should be helped in order of need; that no person should be helped until all who are “less fortunate” than they are first helped.  If a car flipped in front of you and caught fire, would you first check to make sure no more serious accidents were happening nearby, or that the people in a similar accident were less socially disadvantaged than “your” victims? Another vexing question would be whether someone could be helped with her 26 year sentence until everyone with 27 year or longer sentences had already been helped.  To do otherwise would be gross insensitivity.

One of the greatest examples of this type of self-serving, short-sighted insensitivity was, of course, that selfish bastard Jonas Salk. A polio vaccine?! Are you kidding me? A vaccine for (rich) people who don’t even HAVE the disease? He could have used his genius, his time, and the money he spent on polio to find a cure for cancer! Cancer! People already had cancer and were dying by the thousands. Even if you got polio, there were ‘Iron Lungs’ so you didn’t have to die. But if you got pancreatic cancer, it was over. You could not find, and still cannot find, an ‘Iron Pancreas.’ So while Salk selfishly worked on his vaccine, tens of thousands of people died of a disease more deadly than polio. What a waste. Why, Jonas? Why did you work on polio and not on something more important?

And what about that ‘Iron Pancreas?’ In 1959, at a time when the world desperately needed (and still needs) an ‘Iron Pancreas,’ a device was created which did nothing except regulate the beats of a working heart; and it was called the “pacemaker.” What’s ironic is that pacemakers already existed, but they were bulky machines. This one was simply an internal, portable pacemaker so that the wearer could enjoy a better quality of life, and it was invented by one Dr. Wilson Greatbatch, who apparently didn’t care about people with cancer either. No one knows how much money was spent on this device which couldn't cure cancer or serve as an artificial pancreas. Cancer vs. better quality of life for people who eat too much cholesterol so they can go golfing? Really?

Don’t get me started on Dr. Greatbatch.

Saturday, October 8, 2011

AMANDA KNOX: AN INNOCENT GIRL FINALLY GOES HOME



I met Amanda Knox for the first time a few days ago, following her release from an Italian prison after serving four years for a crime she did not commit.  I am grateful that I had not met Amanda before I got involved in the case.  

Not meeting Amanda prior to my involvement in the case probably saved me from prison time myself.  Had I known her personally, I do not know if I could have waited for the agonizingly slow wheels of Italian justice to free her. Amanda, you see, turns out to be a truly spectacular person; even more intelligent than I had expected, even more empathetic than she had been described, and even more gentle than I had anticipated. More and more, the fact that she of all people was targeted by a malicious, psychologically-challenged rogue prosecutor raises the level of irony to almost absurd levels.  So at a time when I should have been feeling only relief and gratitude, I had to fight a seething vicarious anger at four years taken from a good person. Amanda herself seems to bear no malice, and wonders only how anybody could believe she did what prosecutor Giuliano Mignini charged her with.

The events of the last week have washed over me like a tidal wave, and I have not caught up with the emotion, the reality or the impact of what took place. I do not feel that I am ready to write at length about the events in Perugia last week, but I wanted to communicate a few thoughts in the meantime.

The most beautiful part of the “Not Guilty” verdict for Amanda and Raffaele came in the way Italian law demands that a verdict be couched. In Italy, a person can be found not guilty for two reasons (and I paraphrase the language):

       1.       Not guilty due to insufficient evidence. (Not guilty)
       2.       Not guilty due to the fact that the person did not commit the crime. (Innocent)

The first option is a passive statement, but the second is a positive declaration of innocence, not simply lack of guilt. It says not that the prosecutors failed to meet their burden, but that the evidence proves that person charged did not commit the crime. It is not simply release, it is full exoneration. That is the verdict Amanda and Raffaele received: Not guilty because the evidence proved that they did not commit the crime.

In a piece in Wednesday’s International Herald TribuneNew York Times Pulitzer Prize-winning journalist Timothy Egan wrote, “There was no way, based on forensic evidence that was a joke by international standards and a nonexistent motive that played into medieval superstitions, to find Knox and Sollecito guilty….” The claim of the prosecutors that there was a trace of the victim’s DNA on the blade of a knife used by Amanda to cut bread was, “….nearly laughed out of court by an independent panel of [DNA] experts.” The independent experts did find something on the blade, though: Bread Starch. (Rye).  Out of nowhere.

It must be pointed out that Amanda’s exoneration did not come from an American court. The U.S. State Department (God knows) didn’t do anything to help her. The U.S. government abandoned her in a despicable, cowardly way, frankly. No, the exoneration of Amanda and Raffaele occurred in an Italian court. A court in the same Italian city in which they were first convicted by a judge who, if he is not corrupt, has not even a basic understanding of evidence and the rule of law. The kids were exonerated in the same courtroom in which the first trial was held. By a jury of Italians, not Americans. Jurors who wore sashes in the colors of the Italian flag. They were once again prosecuted by the same prosecutor (who is still appealing his own prison sentence for corruption). Only the judge was different.  And this judge demanded evidence. And this judge demanded justice. Judge Pratillo Hellmann made Italy justifiably proud.  I have been in more Federal Courtrooms in the United States than I can count. The controlled, careful and fair manner in which Judge Hellmann conducted this trial was, if anything, superior to what I have come to expect even in a U.S. federal court.

In Italian law, after a not guilty verdict, a defendant already incarcerated in prison obtains their release several hours later at the prison. Only very rarely will a judge order that a defendant be “released immediately.” On those rare occasions that this occurs, according to Italian attorneys I spoke to, it is considered a ‘slap’ at the prosecutor(s).  Judge Hellmann ordered that Amanda and Raffaele be “released immediately.” The immediate release was an obvious signal of the judge’s extreme dissatisfaction the prosecution.

Following the verdict, a crowd of over 1,000 Italians formed around the courthouse, and a cheer went up when Amanda’s sister Deanna spoke of her release. Many times in Perugia, I experienced an indication of the overwhelming Italian sentiment of Amanda’s innocence. Italians would learn that I was involved in the case, and I would find that my drinks had been paid for, unrequested desserts came to the table, and strangers came to encourage or to hug me. People who spoke no English would walk past and cross their fingers in the “good luck” sign, smiling. The Italian public had figured this one out. At the end, the Italian (legitimate) press was vociferously in Amanda’s corner. Immediately following the verdict, I looked over at two of my newfound friends in the Italian television media, and tears were rolling down their smiling cheeks. The prosecutor Mignini tried to couch this trial as racism (the actual murderer was black), and then as nationalism (big, bad America trying to step on poor little Italy). But in doing so, he only managed to prove the truth of Dr. Samuel Johnson’s immortal 1775 quote: “Patriotism is the last refuge of a scoundrel.” Insightfully, the judge, the jury and the Italian public chose to disregard his attempts at jury nullification and decided this case on fact rather than jingoism and prejudice.

Sadly, the vindictiveness of a corrupt local system is not easily escaped.  About half an hour after the initially popular verdict, a “spontaneous” anti-Knox demonstration began outside the court. In a striking bit of serendipity, the “spontaneous demonstrators” just happened to have megaphone with them that night, and all knew what they would chant. Though in jeans and polo shirts, the demonstrators (all men between their middle-20’s and late 40’s) bore startling, almost eerie individual resemblances to the dozens of policemen who had originally signed the warrants against Amanda and Raffaele, and who had been in court that night in a “show of solidarity.” Many of those officers are the same ones suing Amanda for claiming that she had been slapped in her interrogation. (The required tape of the interrogation of prisoners in Italy is inexplicably absent. Go figure.)

After the ‘impromptu’ demonstration, the men began individual fist-fights with Italian Amanda supporters, (I counted at least five such fights) and generally shamed the town of Perugia at a moment when the city deserved to be basking in the glory of the world spotlight. I want to point out here that the people of Perugia are good, honorable people, by and large. The Carabinieri (military) police in the town are honorable and professional. But the local police and the local prosecutor ruthlessly run the town. As an example, while we were in Perugia, five people were arrested---in the courtroom---by the local police. All for criticizing the prosecutor in some way or another. My wife was one of those arrested, and awaits a decision as to whether she will be charged with “contempt” which carries with it a possible three-year prison sentence.

The relief I feel at Amanda and Raffaele’s release is indescribable. I also feel additional relief that on-line Amanda-haters are by and large a thing of my past. We had dealt with them until now only to counter their hateful propaganda in front of an uninformed public.  Now, it’s not even important to answer them because truly, nobody cares about what they say anymore.

They and others who refuse to accept this Italian court verdict (while arbitrarily accepting the first court’s verdict) are already receding into insignificance, and even the echoes of their hateful diatribes and death threats are fading into the ether. I do not think that they will ever be convinced of Amanda’s obvious innocence, nor do I think they are done spewing propaganda. Frustration produces anger, and like an infant who throws a tantrum when put down for a nap, I assume they will make a lot of indiscriminate noise that does nothing but irritate those around them. But they can now be grouped by society with those who claim to have been kidnapped by UFO’s, doubters in the moon landings and 9/11 conspiracy theorists. As one of my favorite philosophers, Stan Marsh of “South Park,” once said to Eric Cartman about such conspiracy mongers: “25% of society is crazy.”  This is truth, and it is truth that the anti-Amanda crazies will continue to validate. But now they have been refuted by the same justice system they touted for years, and eventually, like the child put down for a nap, will become distracted and move on to other things. They will soon be looking for new things and people to hate. (Though those of them who crossed the lines of civil and criminal behavior will soon find that they have not been forgotten and that legal redress waited only for Amanda’s repatriation.)

What remains is to ensure that this does not happen again. As Egan said, “Perhaps the tide from Perugia will lift other boats.” For this to happen, though, pompous prosecutor Giuliano Mignini, forensic perjurer Patrizia Stefanoni, and mind-reading detective Edgardo Giobbi (and others), must be prosecuted for their corruption. The judge who rubber-stamped the lies in the first trial, Massei, must also be called to the bar of justice—or back to law school. That is what will occupy some of my time for the next few years, I’m sure. But for right now, I am in the mood to bathe in the warmth of the freedom of Amanda Knox. The sunshine of the justice she obtained should warm the entire world.

At this moment, I find that the word “elation” is woefully inadequate to describe my emotions.  Euphoria might be a closer word, but euphoria eventually fades. As long as I live, I will remember that late night in the courtroom when two innocents were rescued from a cabal of evil men.

Wednesday, September 28, 2011

SALEM, ITALY


Posted from Florence, Italy, September 28, 2011


The Perugia Witch Trial continues…..

Well, the façade is down. No more trying to hide it. This is a witch trial. These are not my words, but the words of Carlo Pacelli, an attorney fighting to obtain monetary damages from Amanda Knox. Pacelli finally said (in court, on record) what everybody already knew the prosecution thought:

“Amanda Knox is a witch!” 

Like the Salem inquisitions and other publicly sanctioned murders, the initial trial was based on rumors, lies, accusations, and a “confession” obtained from (psychological) torture techniques that the prosecutors in Salem would have killed for. Finally, any and all evidence clearing an innocent person was intentionally disregarded.

Patrick Lumumba is suing Amanda Knox for €80,000 for implicating him in the murder, a statement the detectives forced and beat from her after an overnight foodless, sleepless interrogation, using techniques developed by the North Koreans to brainwash U.S. pilots during the Korean War.  (See injusticeinperugia.com for details.) Being sued for something you were forced to do is kind of like being rammed by a drunk policeman, then being ticketed for littering because the body of your passenger is on the freeway.

So, at least it’s finally out in the open and we can go on, confident that, at least we understand each other.

In other news:

On September 28th, 2010, Pepperdine University and I parted company, at their request. I am no longer at liberty to discuss why. (But it was not a mutual decision. Pepperdine and I settled "out of court" the lawsuit I subsequently filed. I can't speak for Pepperdine, but I am very satisfied with the resolution of the suit.)

At Pepperdine, I shared responsibility for security of their worldwide campuses and the students that studied there (including those in Florence, Italy). In a magnificent display of God's sense of irony, today I find myself in Florence, Italy. 

When something you initially perceive as bad (or really bad) occurs, remember that it could be God intervening to change your course for the better. I believe this is the case with my change of direction one year ago today. I have not felt so fulfilled, at peace, and certain I was on the right side of an issue in my life. It might be the best bad thing to ever happen to me, and that's saying a lot. Pepperdine is a fine, even spectacular university and I hope and pray that they flourish all over the world. Their students are among some of the finest people I have ever met.

So, today, in Florence, Michelle and I will celebrate God's provision for us, not mark a somber occasion. 

Sunday, September 18, 2011

ci·vil·i·ty
noun /səˈvilətē/ 
1.    “Courtesy in behavior or speech”

Last week, I posted my response to the Ann Coulter 'drive-by op-ed' on this blog, and later that week, on groundreport.com. Since then, it has received more than 3,500 views. I am gratified at the response, but suspect it had much more to do with the name Coulter than it did with the name Moore. 

Less gratifying, unfortunately, were many of the comments I received about the article. If you read the article, you may remember that my hypothesis was that people should be judged one at a time, and not by any group with which they are affiliated. Affiliation with a group is not tacit endorsement of everything done by everything in that group. I am a Christian, but I don't endorse abortion clinic bombings; or for that matter violence of any nature in the name of God.  Nobody wants (or deserves) to be judged by the actions of everyone in a group they belong to, or worst of all, a family into which they were born. That's prejudice, bias and sometimes hatred.

While I did not tally up the 'for' and 'against,' in the comments, it appeared to be about two-thirds in favor of the article, and the remaining one-third.....well, they hated my guts. With the exception of one or two actual attempts to debate the subject matter, the rest (50 or so) were simply personal attacks. And not just on me, but on my wife, too! Where did that come from?  The bottom line, however, is that the dissenters on this article either didn't read the article, or are heroically trying to prove me right. They also illustrate why I have elected not to receive comments on my articles on this blog.


I present some of the more entertaining (and less threatening or vulgar) comments, solely to strengthen the hypothesis of my article.  Enjoy.

My Favorites:

“Moore can go on over to Red China and enjoy retirement with his Commie peers” (Is California an acceptable substitute?)

“Not only do you not speak Italian, but you have never even been to Italy.”  (True. I do not speak Italian. How I ever thought I could investigate a crime is beyond me. Good thing the FBI never asked. As far as never being in Italy, several airlines owe me a refund.)

We know you are not very well educated, Mr Moore”  (This is not my fault, private universities are not what they used to be.)

"You and your eccentric wife….. are useless, publicity-obsessed clowns." (We are not useless.)

Shut up, Moore - you fat clown.(I thought you had to be tall and intelligent to get into the FBI.) (You do. I got a waiver.)

·         "....moronic, delinquent three-year-old...."  (You forgot about the part in the article where you disagreed with me. You know, what I'm wrong about?)
·          
·        "Shut up Michelle - you Moron." (Apparently, one reader felt that a pro-Steve poster was actually Michelle. It wasn’t)
·          
"Don't forget that as well as Mr Moore's extensive career and military credentials, Jesus would also like him for a sunbeam." (That hurts, as it obviously came from a Baptist. Or a Nirvana fan.)

"You are raving…... Calm down and find a job." (I was excited until I found out the word wasn't 'ravishing.')

"Wasn't smart enough to go to EITHER med school or law school." (Again, an obvious requirement for investigations or opinions. Not sure if I was or was not smart enough. Never applied to either. I did get a congressional nomination to the Air Force Academy. Again, education failed me.)

"...Pilot that became a campus security guard..."  (I just always wanted to ride in golf carts)

"I feel sorry for your shallow intellect."  (Mom? Is that you?)

"What, are you a Communist now that you're out of the FBI, which you infiltrated." (Confused. Did I infiltrate the communists or the FBI?)

"You are a self-destructive nut without a cause.....
mercurial madness...." (The "mercurial madness" allegation made me really mad. Then, it didn't. Then it did again.)

"Are you trying to kill your own mother?, what an opening to your crappy opinion piece." (How is that tin-foil hat working out for you?)

"You gonna plop on your fat behind. Roll down the hill, baby…." (Stop looking at my butt.)

"You've always hated women. Now it's Ann Coulter alias your Mom. Maybe Mom and Ann both have gunsafe fuller than yours, that the problem?" (Mom's gun safe can't hold a candle to mine.)

"When are you going to turn on Michelle and Megan(sic)?" (I already turn-on Michelle. Meg will always see me as just "dad." But thanks for the gross question.)

"Steve was reassigned as a pilot and is awfully young to have "retired" from the FBI."  (Awwwwww.....shucks. Thank you.)

"I feel genuine pity for the man and hope that he can find effective treatment."  (Doctors have determined that the most effective treatment for me involves hand-rolled cigars and single-malt scotch. I accept donations care of injusticeinperugia.com. I KNOW some of you are from the UK. Give 'till it hurts.)

"You are clearly beyond educating, Moore. Find yourself an easy job and leave the serious stuff to clever people." (I'm looking into politics.)

"Mr Moore and his wife lost every single shred of credibility outside of the US bible belt when they said they were doing God's work….[they] should be ignored immediately due to their over reliance on myths and 2000 year old fairy stories.  If you want to get any respect back Steve, start listening to reason as opposed to God or your wife." (Remember, ignore Steve because he believes in God, not because of facts. Obviously, nobody who believes in God can be competent. I sincerely hope your next airline pilot doesn't believe in God.)

"Go read some Richard Dawkins, Phillip Pullman and Douglas Adams then laugh at your bible and start living your life without fear of someone who doesn't actually exist."  (Let's bet on the whole 'existence of God' thing. No money, we've already got more than that riding on it.)

"To begin with you say you are a career FBI agent. OK so why is it, given your age, you are no longer employed by the FBI?" (How old do you think I am?)

"You state that you have all these qualifications. (Helicopter pilot etc;) So how come you are not gainfully employed ferrying workers out to oil rigs in the gulf?"  (Have you ever been to Morgan City, Louisiana?)

"An undercover agent! How exciting, and how long did you sit in the car wearing a suit as a disguise while eating donuts?" (Not sure if Apple Fritters are officially donuts.)

"A certified sniper. Congratulations upon being able to hit a barn from the inside..." (I think you are unclear on the concept....You don't happen to live in a barn, do you? Would you mind terribly standing next to one?)

"Thank God your wife is working, probably at MacDonalds (sic)."  (So that's where you've been Michelle?)


I'll finish with something that will (regrettably) enrage some of my new "fans:" A closing analogy which mentions both guns and God.  


When I was on SWAT, my son once asked me what I would do if a gang-banger tried to shoot me with a machine gun. (That's the gun part)


     "I would thank God," I said. (That's the God part)


     "Why??" He asked, incredulous. 


The answer was very simple. Once the trigger is pulled, a machine gun is about as controllable as a fire hose (which is frequently manned by two fire fighters.) Unless a person is highly trained, machine guns cannot be aimed once it starts firing. And firing at 800 rounds a minute, they will empty themselves in about two seconds. So all the bullets go over your head, and the shooter is unarmed almost immediately. The shooters who concerned us were those who were careful, deliberate, held a gun properly and seemed to know what they were doing.  The individuals who responded to my article are like those machine-gun-toting gang-bangers. Their 'weapons' apparently made them feel powerful, yet ultimately, their responses were un-reasoned, out of control, and completely ineffectual.  I'm almost disappointed, because the facts are on my side.  


And Michelle, please bring home a Big Mac. Combo. And Super-Size it.


Saturday, September 10, 2011

At Long Last, Ms. Coulter, Have You No Sense Of Decency?



            This is a difficult article to write. It’s kind of like being a cop and finding out that the burglar you’re looking for is your mom.

You see, I’m a lifelong Republican. I tell you this not because I want to pick a political fight, argue ideology, make you like me, or certainly make you dislike me. I tell you this because I am having an identity crisis. For years, you see, I watched Fox News, and for a while I even listened to Rush. I thought Ann Coulter was irreverent, a little over-the-top, but generally right, though I occasionally winced at her statements.

I was a career FBI Agent, the son of an FBI Agent. I was a SWAT team-member, a certified sniper, an undercover agent, and a helicopter pilot. I followed terrorism investigations overseas into Pakistan and Indonesia. I have (and wear) American flag lapel pins. I own guns. I haven’t voted for a Democrat for president since….well, ever. I am a member of the National Rifle Association, and I am an NRA certified Law Enforcement Firearms Instructor.  I do not buy carbon credits. I have never even sat in a Suburu. My current car has 300 unapologetic horsepower. I love animals but enjoy a good steak.

            I consider myself a Christian. I believe God loves me in spite of my weaknesses and failures, not because of their absence. I depend on God daily to teach me, to give me guidance, and to shape me into a person who cares more about others than I do myself. I am not there yet, by the way, but that’s not an excuse not to keep trying.              
           
And now, to my amazement, I’ve just found out that I’m a “Liberal.”

This comes as a terrific surprise to me, but if Ann Coulter says it, it must be true, as she’s never wrong. In fact, not only am I a liberal, but according to her, I’m suffering from a “psychological disorder.” According to her, I’m also “demonic” because I “intentionally defend the guilty and impugn the innocent,” I “side with barbarians,” because “a fair and just system of law challenges [my] hegemony as a “judge of the universe.” As you may understand, this has come as quite a shock to me. How did this happen? How could I have been so wrong about myself?

Apparently, this radical change happened when I discovered that an innocent person had been convicted of murder and I tried to do something about it. Maybe it happened to you, too. (If so, don’t tell Ann Coulter.)

            In an article on September 7, 2011, mean-spiritedly entitled “Amanda Knox: The New Mumia,” Coulter uses lists of long-discredited, flat-earth-society “facts” to postulate the guilt of Amanda Knox, the American College student railroaded for murder in Italy in 2007. Coulter initially branded Knox as guilty several years ago, based on Knox’s alleged purchase of bleach on the morning after the murder of her roommate. This type of American press savagery is partially why Knox is still in prison four years later. Because this alleged bleach purchase never happened: No bleach was ever found, no records of any such purchase exist, the checkout employee flatly stated that Knox was not in the store that morning; and regardless, the crime scene that Knox is wrongly accused of causing was not cleaned with bleach. I knew these things about the bleach at the time Coulter said them, but I simply chalked it up to the fact that investigating violent crime wasn’t a hobby for me. But I was still disappointed, because Coulter and I shared some conservative political views and I trusted her. (Now that I realize I am a ‘liberal’ I am not sure how this could have been possible.)

After Coulter’s unfounded bleach “fact” was shown to be apocryphal, she fell into a long silence about the case. I naturally assumed that she had learned that the facts on which she based her conclusion were wrong, and that she therefore changed her opinion and was weighing how to best help this innocent girl. Instead, Coulter fired back this week with a list of even more incorrect, discredited facts; an article simply breathtaking in its naiveté. The problem with this isn’t simply that people more knowledgeable about the crime than her (lawyers, FBI agents, judges, scientists, DNA experts, senators, FBI profilers, almost a dozen members of the Italian Parliament, Pulitzer-prize winning journalists and New York Times Best-Selling authors) have all come to the conclusion that Knox is innocent. The problem is that Coulter is quoting “facts” discredited over a year ago. The other problem is that that if you disagree with her, you are evil.

Coulter alleges in her 9/7 masterwork; “Now liberals are howling that the DNA evidence was "contaminated,….” For the readers’ edification, here is a short list of just some of the ‘liberals’ who have spoken out in favor of Amanda Knox’s innocence: Megyn Kelly, Shepard Smith of Fox News, Bill O’Reilly, Geraldo Rivera, and Donald Trump, who recently attended a tree-hugging, “pinko” rally held by a group calling themselves the “Tea Party.” In fact, a recent meeting between me and another “liberal” who believes Knox was railroaded was held at the Ronald Reagan Library in Simi Valley, California, because both of us are inexplicable admirers of the man.

In her magnificently naïve article of the 7th, Coulter quotes more than a dozen “facts,” all of which she says proves Knox’s guilt, and all of which have been thoroughly deconstructed. If not, the fact that the DNA evidence was false would not have any bearing on the case, and the release of Knox would not be imminent. I have no intention at this point of going point by point through Coulter’s charges, which appear to say something, but hide the real truth. I would rather argue with a 9/11 conspiracy theorist. (Or have dental surgery in Somalia.) There are only so many times I can stand to say the same thing to a stone wall. If you care to see the real facts of the Knox case, visit injusticeinperugia.org.

But what is more striking than Coulter’s incredible ignorance about the case is her startlingly bigoted assessment of anybody who disagrees with her. She leaves the intelligent reader speechless and just a little afraid.

But this shouldn’t surprise us, really. Coulter is becoming a pariah even to conservatives. Until 2001, for instance, Coulter was a columnist for National Review Online, a sharply conservative publication. But she was fired. Why? Jonah Goldberg, editor at large of NRO said at the time; “We did not ‘fire’ Ann for what she wrote…we ended the relationship because she behaved with a total lack of professionalism, friendship and loyalty.”

            Coulter’s syndicated column was dropped by the Arizona Daily Star in August 2005, because, “Many readers find her shrill, bombastic and mean-spirited. And those are the words used by readers who identified themselves as conservatives.”
           
            It’s not simply the bigotry inherent in her statements that is disturbing. It is the propaganda-like nature of her tactics. Propaganda is defined as “Information of an intentionally misleading nature, used to promote or publicize a particular political cause or point of view.” The best propaganda is that which has the ring of truth, but hides the salient facts. In that way, propaganda is like a bikini; what it shows appears to be important. But what it hides is crucial.

In short, propaganda is not defined so much by what it says, as by what it hides. For instance, Coulter never mentions (conveniently) that the prosecutor in the Knox case has been convicted and sentenced to prison for malfeasance, and was under indictment at the time he prosecuted Knox. His crime? The abuse of the rights of innocent suspects and random, vicious threats and accusations. You would think this germane to the conversation, would you not? But Coulter leaves that gem out. As Coulter herself said in 2002, “I don’t pretend to be impartial or balanced….”

            Coulter also conveniently omits that the loss of the DNA evidence she blames on American liberals was actually at the hands of court-selected Italian (not Italian-American) DNA scholars designated as independent experts by the Italian judge. The only American officially involved in the case is Amanda Knox.

But still, it is “liberals” who are trying to spring a ‘guilty’ Amanda. As an example; Coulter spews the following; From Tawana Brawley, Mumia and the Central Park rapists, to the Duke lacrosse players and Karl Rove, liberals are always on the wrong side of a criminal case. A few times could be a coincidence; every time is evidence of a psychological disorder.” Let’s be clear on this; I was outraged by the Brawley lies, I believe Mumia was guilty, and I find justice and immense peace in the fact that murderer Leonard Peltier will die in prison. But I also know from a quarter-century in the FBI that most criminal cases do not split on party lines.

As described in her (eponymous?) book "Demonic," Coulter alleges that “liberals defend the guilty and impugn the innocent not only because they side with barbarians, but because a fair and just system of law challenges their hegemony as judges of the universe.” This hurts me now that I find that I am a liberal. And because I have friends who are liberal. It also hurts me because it’s stupid. It’s a statement that might fit some (on both sides), but as a blanket statement, it is pure bigotry. (Let alone the fact that in the Duke case, Coulter is still defending the guilty and impugning the innocent, even though the facts are well known.) Not surprising from a woman who famously stated in the British newspaper, “The Guardian,” “[The United States] would be a much better country if women didn’t vote.” Maybe it would be a better country if this particular woman couldn’t communicate.

What Coulter has written bears more similarity to a drive-by shooting than it does to a journalistic endeavor. Denigrating and dehumanizing those who disagree with her is really not original, it was used with flair in the early 1950’s when Senator Joseph McCarthy went on a reactionary rampage using as his antagonist not “liberals” but “communists.” But the methods were the same; if you disagreed with McCarthy, you were obviously a communist. And like McCarthy’s rampage, innocent, real people are getting hurt.

It is to the conservative movement’s shame that they did not ‘self-police’ the problems with Joseph McCarthy. I hope to become a conservative again, notwithstanding Ann Coulter’s permission. But now I know how peaceful Muslims feel about Al Qaeda. If I, as a conservative, stay silent about Coulter and other demagogues, then the ideas in which I truly believe will be viewed not on their merit, but by the people who espouse them. I don’t want people to think of Ann Coulter when they hear the word “conservative” any more than many “liberals” want be defined by Michael Moore (I hope.)  I also wish that when people heard the name “Jesus” they didn’t think of politics.

Maybe Coulter’s own words will do the trick. It took Edward R. Murrow, other senators and McCarthy’s own excesses to ruin him. Murrow’s words about McCarthy seem strangely prescient in this instance:

“We must not confuse dissent with disloyalty. We must remember always that accusation is not proof and that conviction depends upon evidence and due process of law. We will not walk in fear, one of another. We will not be driven by fear into an age of unreason, if we dig deep in our history and our doctrine, and remember that we are not descended from fearful men — not from men who feared to write, to associate, to speak and to defend causes that were, for the moment, unpopular.”

Finally though, the most appropriate rebuke for McCarthy, and again, strangely fitting for Coulter, was a moral rebuke, and came from Chief Counsel of the United States Army Joseph Welch during a senate hearing. Welch had recommended a young attorney to work for the very committee that McCarthy was using as a career springboard. But McCarthy found out that the attorney was a member of the “Lawyers Guild,” which McCarthy maintained was a communist front. He then attacked this young attorney in public, not with real facts, but with innuendo, attempting to destroy his career to further his own; a type of political vampirism. Finally, Welch had had enough. With deep emotion, Welch rebuked McCarthy during a hearing in one of the most dramatic moments in congressional history.

“Until this moment, Senator, I think I never really gauged your cruelty, or your recklessness. Fred Fisher is a young man who went to the Harvard Law School and came into my firm and is starting what looks to be a brilliant career with us…..”

“Let us not assassinate this lad further, Senator. You’ve done enough. Have you no sense of decency, sir? At long last, have you left no sense of decency?”

Welch speaks eloquently for us today. Until Coulters September 7th article in which she attempts to sacrifice an innocent girl’s future on the altar of the god who would guarantee her own, I had really never gauged her cruelty and her recklessness. Amanda Knox is a fine young woman who was railroaded by a deranged prosecutor in Italy in a failed attempt to save his own career. Ann Coulter is now using that tragedy to further her own career. So now we are left with just one question;

“Have you no decency, Ms. Coulter? At long last, have you no sense of decency?”

Sunday, September 4, 2011

WHAT BLINDED JUSTICE?




jus tis [juhs-tis]
The quality of being just, impartial and fair.


“Do the accused have a right to be presumed innocent until proven guilty?”

“Do the accused have the right to defend themselves in court?” If you believe they do, then read on. (If you believe they don’t, keep surfing.)

It stands to reason that if a person has a right to a trial, then they have the right to all the appeals and other legal processes allowed under their system of justice.

Meredith Kercher, a beautiful, and by all accounts vivacious, intelligent and special woman was brutally murdered in November of 2007 in Perugia, Italy. Amanda Knox and Raffaele Sollecito were arrested for the crime before the results of any physical evidence examinations were received. This is not my opinion, it is the statement of the police themselves: “We knew she was guilty of murder without physical evidence,” Chief Investigator Edgardo Giobbi embarrassingly admitted on TV, in a scene awkwardly reminiscent of Ashlee Simpson’s lip syncing scandal on Saturday Night Live. Much as Ashlee’s humiliation began when her tech people cued up the wrong song, Giobbi’s began when the evidence finally arrived and showed he had cued up the wrong “murderer.” The DNA of a burglar known to carry a knife (and unknown to Amanda and Raffaele) was found in the victim. But that didn’t stop the embarrassed police/court. They convicted Amanda and Raffaele on what most worldwide observers now consider contrived or even planted evidence. Then they passed the Kool Aid around and everyone drank.

Not surprisingly, both Knox and Sollecito appealed their conviction. Then, something incredible happened. John Kercher, the victim’s father, appeared to decry the fact that Amanda and Raffaele were given an appeal. He used his press contacts to post article after article in the British and Italian press complaining of the burden and the pain the appeals process was having on their family.  To which, I have to ask:

“What’s the point?”

Certainly, a decent, honorable man like John Kercher was not advocating that Amanda and Raffaele don’t or shouldn’t have the right to their legally-guaranteed appeal. So what was his reasoning? Was he simply cathartically emoting in the press? Or was there another reason? The statement was not made when the appeal was announced; the statement by John Kercher was released by the press at the beginning of the appeal, and the timing therefore feels somewhat calculated.

I tread carefully on the thin ice of questioning the statements of bereaved people. I have not endured the pain that has been foisted on the Kerchers and pray to God I will never have to. I respect and admire the dignity with which they have dealt with the tragedy. I pray for them. I ache for them. I do not think they should be criticized. However, this does not mean that their statements are sacrosanct or should not be examined for the sake of justice for Meredith and for Amanda and for Raffaele. Frankly, and I think this point has been largely ignored, if one has to make a choice between; A) Ensuring that all people involved in this case get the full measure of justice to which they are entitled, or B) Protecting the Kerchers from further pain, justice must prevail, as distasteful as it is to think of Meredith's family going through more pain. 


        Disagreeing with the Kerchers, even publicly, is not disrespect. While much has been written about the Kerchers' "dignified silence" in this case, it should be noted that while they have been dignified, they have not been silent. Especially, they have not been silent at strategic moments, frequently in the weekend prior to important court proceedings. Tomorrow, the final stage of Amanda and Raffaele's appeal begins, and true to form, a statement has been "leaked" to the British press from a member of the Kercher family.  

This statement was from a letter written by Stephanie Kercher decrying the deconstruction of the prosecution case. But the letter, curiously, was not written to the prosecutor in the case. It was written (according to the Daily Mail, who got a copy of the letter) to their attorney, Francesco Maresca. Maresca is not simply sitting by and monitoring the case, but is actively cross examining defense witnesses, unusual to say the least. Maresca will also take a share of any of any collectible part of the multi-million Euro settlement awarded to the Kerchers. “Collectible” is the operative word here. Not surprisingly, the letter was “leaked to the press.”

In this letter, Stephanie pleads; “Please don't let Meredith's death be in vain.” But candidly, if Meredith’s own innocent friends are convicted for her murder, her death will not only be in vain, it will become a by-word for injustice. But Meredith’s death does not have to be in vain, it will in some way give greater light to the world in the long run if:


1.     Judicial systems around the world learn from the corruption, the travesties, the ignorance, and the attitudes in this small courtroom in Perugia.


2.     More innocent people are cleared and more guilty are convicted because of this case.


3.     People learn not to pre-judge cases before a trial starts.


4.     Justice becomes even a little more “blind” as a result of this case.

The Kerchers are good, decent people who have suffered more than humans should have to. But in their grief and their pain lie the reasons that the family members of victims are not allowed on the jury that tries the suspects in their case.

FACT AND EMOTION DO NOT MIX

Justice is blind for a reason. Only in the penalty phases can the pain and grief of the family be taken into account. A trial is not about retribution. A trial is about the finding of facts. Emotion is corrosive to facts. Mixing emotion with fact degrades fact, not emotion. If emotions are allowed to influence fact in a trial, all is lost. And this is the reason that the involvement of victims’ families are always against their own best interests.

Again, Stephanie Kercher’s statement is the best example of this problem:

The defence seem to be focusing on these DNA aspects but we want, for a moment to remember who this case is about: My sister, a daughter brutally taken away four years ago, and a day does not pass when we do not think about her and can bring this to an end”

Look at the statement. She decries that the defense is focusing on facts; DNA (physical evidence), and she begs us not to concentrate on the evidence, but that her sister is dead and they need closure. “Please,” she seems to be asking, “don’t pay attention to the evidence, listen to our emotion, end our pain.” I have dealt with bereaved families dozens of times, and they are without exception devastated with grief and hoping for the pain to end and closure to arrive as soon as possible. 

The hard truth is that quick justice usually brings no closure. And this case is possibly the greatest example of the truth of this axiom. Justice must be blind. Blind not just to the suspects, but to the victims. Justice cannot take into account anything but the facts, or else the victims themselves are once again victimized, even if the victims themselves beg for Justice to peek from below her blindfold.

The Kerchers would have had some peace and closure by now if the investigators and forensic personnel had lived up to their responsibilities and the trust given them by the people of Italy. They would have closure if the attorney they hired, Maresca, had no financial interest in an outcome in which a wealthy person was convicted instead of an indigent person. They would have had closure if Judge Hellmann presided over the first case.

If fingers of blame are to be thrust out for the Kercher family’s extended agony, they should be pointed at Rudy Guede, the man who murdered their daughter. At Giuliano Mignini, who saw in this case a chance to cynically resuscitate his shattered career. At Patrizia Stefanoni, whose gross incompetence, (or worse) deprived Amanda, Raffaele, Meredith and the Kercher family true justice. The right of the wrongly accused to appeal their sentences is not, and has never been the cause of the Kerchers’ pain, it has been the result of the police and prosecutors’ malfeasance which made an appeal necessary. Had the police and Mignini gotten this right the first time, had waited just a few days for the physical evidence, Rudy Guede would be in prison for a long, long time, and the Kerchers would have had closure almost three years ago.

The Kercher family has the right to speak. They have been through an unimaginable hell since November 2007. But the world has the right, and frankly, the duty, to look past the statements of grieved family members—whoever they may be--to see beyond the darkness of the agonized cries of a family so wrongly victimized and toward the light five hundred years of legal experience and wisdom, of common law that was written in the blood of victims of criminals and victims of vigilantes. The legal traditions of England, Italy and the United States are the products of hundreds of years of trial and error, and they must not be, cannot be, discarded or disregarded simply due to the emotion implicit in a single case. It has been said that fences are only needed when the cattle are pushing against them. The legal system is a fence which must hold to the facts when emotion pushes against it.

They courts and the juries have the obligation to look dispassionately at the evidence, and not at the victim or the grieving families, because the family will be grieving whether the real murderer or a wrongly accused person is in the dock. The fact that a victim’s family is grieving has no probative basis in a court of law. Only a reasoned, dispassionate analysis of real evidence will bring true justice to Meredith Kercher.

IT’S NOT ABOUT MEREDITH NOW.

The original case was about Meredith. The prosecution had ONE shot to find the right perpetrator and secure justice for Meredith and her loved ones. They couldn’t get it done. Justice was ‘a bridge too far.’ Wrong persons, no justice. The corruption and the sick avarice and hatred of the court of first incidence denied Meredith "true justice." Done. Over. Tragedy. You cannot resurrect justice for Meredith any more than you can resurrect Meredith herself. Meredith died in November, 2007, and any hope of justice for her died in December 2009.

          The APPEAL has to do ONLY with Amanda and Raffaele. Justice for them has not died. Meredith should never be forgotten. However, the appeals courtroom is not the place to keep her memory alive. Frankly, a courtroom in any murder case is the one place in which the murder victim loses all their privacy, dignity and humanity. 

Tragically, the evidence tells us that justice for Meredith is a lost opportunity. She was murdered by a man who appears to have made a deal with the prosecution for leniency in return for testimony he knew to be false. By some accounts, Meredith’s murderer could be on the streets again in just three years.


Women in painful labor say and do things at which they later marvel, frequently regret, and sometimes laugh at. Anybody who has “coached” a woman through labor knows that extreme pain does not lead to reasoned statements or cautious actions. Care for the Kerchers. Ache for the Kerchers. Pray for the Kerchers. But carefully evaluate what they say—and when they say it. It is our duty, not just to Amanda and Raffaele, but to Meredith.