Posts filed under 'Last Minute Reprieve'

2007: Not Sina Paymard, saved by a flute

July 18th, 2008 Headsman

On this date one year ago, a teenager who saved himself with a flute cheated Iran’s hangman by the narrowest of margins.

Sina Paymard had had the hemp about his throat the previous fall for murdering — at the tender age of 16 — a drug dealer in a pot buy gone bad.

The bipolar young musician’s last request was to play the ney (a Persian flute), and in a feat fit for legend, he played so movingly that the family of the victim reprieved him.

This power under Islamic sharia law comes with a price: the reprieve bought time for the families to negotiate alternative financial compensation known as diyeh. Come July, the lad’s family was still $90,000 short, and he was shifted to Tehran’s Evin prison to do the whole thing over again.

Sina’s new execution date received worldwide attention:

… helping them scrape together enough from donors (”notably a substantial donation from a university lecturer”) to make good his escape.

Such are the vicissitudes of the Iranian judiciary that Paymard went from all but dancing on air twice to outright liberty: he’s a free man today, or was as of a few months ago.

Though things worked out for Sina Paymard, other juvenile offenders continue to face the ultimate sanction in Iran — virtually the last outpost of the practice on the globe. Earlier this month, StopChildExecutions.com detailed 138 Iranian prisoners condemned for crimes committed as children; Iran has executed at least two such prisoners this year.

Entry Filed under: 21st Century, Artists, Capital Punishment, Children, Common Criminals, Crime, Death Penalty, Diminished Capacity, Execution, Hanged, Iran, Last Minute Reprieve, Lucky to be Alive, Murder, Not Executed, Pardons and Clemencies, Public Executions, Ripped from the Headlines

1979: Two former dictators of Ghana with four of their aides

Add comment June 26th, 2008 Headsman

On this date in 1979, the putschist government of Ghana shot former military rulers Frederick William Kwasi Akuffo and Akwasi Amankwaa Afrifa along with four others at the Teshie Military Range for corruption.

Twenty-two years before, Ghana had become the first black sub-Saharan former colony to gain independence, but after a 1966 coup it had staggered through political and economic chaos. Six different men had been head of state in that span, three of them deposed by coups. By 1979, General Fred Akuffo’s government was the target of explosive anger.

Enter Flight Lieutenant Jerry Rawlings, who had actually failed in a coup attempt in May and was in line for execution himself before his mates toppled the government on June 4.

Seeking to stabilize the situation — and, Rawlings himself has said, riding the tiger of popular fury — the new government served up a few high-profile morsels on charges of pilfering the treasury in order to forestall a general slaughter of senior officers by the armed forces’ lower ranks.

There was no alternative. We had to contain it within the military so it didn’t spill into the civil front — if it had it would have been terrible.

We had no choice but to sacrifice the most senior ones — the commanders.

Another former head of state, Gen. Ignatius Kutu Acheamphong, had been shot earlier in the month; on this date, Akuffo and Gen. Akwasi Afrifa, one of the original 1966 plotters who had ruled Ghana in 1969-70, followed him. Afrifa, ironically, had written to Acheamphong worrying that political upheaval and military discipline could find them … well, where it eventually found them:

I feel greatly disturbed about the future after the government … In order to discourage the military from staging coups in the future, how about if they line all of us up and shot us one by one? I do not certainly want to be arrested, given some sort of trial and shot.

All these shootings had an unseemly character of haste and summary justice; charges against the four senior ministers* shot along with the former rulers have struck an especially sour note. Rawlings has claimed that he only wanted the two former heads of state shot and tried unsuccessfully to stop the other four executions.

I attempted to prevent it and sent an officer but the firing squad shot the officers before their commander could give the order … you must understand our country was in a state of rage then, not different from what Russia was when it had its revolution.

I was a partial hostage to that situation. I had no force. The authority that I enjoyed was my moral authority with the people. Their action (the execution of the senior officers by the boys) was to curtail the anger of the nation.

Rawlings would hand power over to a civilian government, which he then overthrew again in 1981 — looking like this:

He would run Ghana for the next two decades, the last eight years after winning elections. Rawlings’ legacy is much up for debate, but to many he cuts the figure of a benevolent dictator (how many former strongmen have fan pages?) whose human rights abuses were mild in the scheme of things and helped usher in a relatively prosperous and democratic Ghana that stands a very far cry from the country he took over in 1979.

Rawlings himself has graduated to a sort of global elder statesman — for instance, he recently called for fair elections in Zimbabwe. And he has not been hesitant to justify his political actions, as in this interesting BBC interview from 2005 — in which, pressed on the executions of the former state ministers, he concedes:

There were some of them who probably deserved it. Pardon me for putting it that way. There were some of them who did not — very brilliant, beautiful officers. But we had no choice but to make that sacrifice.

The bodies of all the officers executed in June of 1979 were exhumed for “fitting burial” under Rawlings’ successor in 2001.

* One of the aides held the Ghanaian high jump record at the time of his death, a mark not surpassed until 1996.

Entry Filed under: 20th Century, Athletes, Capital Punishment, Death Penalty, Execution, Ghana, Heads of State, History, Mass Executions, Pelf, Political Expedience, Politicians, Power, Reprieved Too Late, Shot, Soldiers, Theft, Wrongful Executions

2001: Robert Lee Massie, who spent a lifetime dying

1 comment March 27th, 2008 Sarah Owocki

On January 7, 1965, 23-year-old Robert Lee Massie shot and killed Mildred Weiss during a botched robbery near her home. He pleaded guilty and, sentenced to die by the state of California, came within 16 hours of execution in 1967, when then-Governor Ronald Reagan temporarily halted his execution so that he could testify at the trial of his alleged co-conspirator. By this time, Massie had begun complaining to anybody who would listen about the conditions on death row, and greeting the prospect of an execution date as a welcome deliverance, was dubbed “the prisoner who wants to die” by the press.

However, Reagan’s reprieve bought him just enough time to live to see a California Supreme Court decision temporarily halting executions, which was followed by the US Supreme Court Furman v. Georgia decision of 1972 banning the death penalty as then being enforced as unconstitutionally arbitrary and capricious.

With Furman, death rows across the country were summarily cleared, and Massie, a model prisoner, was paroled for good behavior in 1978. By this time, the US Supreme Court had handed down the Gregg v. Georgia decision holding that states had revised their death penalty statutes sufficiently to allow executions to resume.

Only months after his release, Massie killed Boris Naumoff in his liquor store and wounded a clerk in another botched robbery. Again pleading guilty, this time over the objections of his court-appointed lawyer, Massie was again sentenced to die.

As before, Massie welcomed his sentence and, acting on a own novel interpretation of the Sixth Amendment guarantee of self-representation, argued that he had a constitutional right to bypass the appeals process usually automatic in capital cases and that there “is no meaningful difference between forcing an automatic appeal upon a defendant and forcing unwanted counsel upon him.” The appeals court disagreed, ruling that “while a litigant may waive the advantage of a law intended solely for his benefit, he may not waive a law established for a public reason.”

Appeals in capital cases were never intended to allow the prisoner to “choose his own sentence,” the Court wrote, and were in fact in place for just such a reason of ensuring full investigation into the “real issue [of] the propriety of allowing the state to conduct an illegal execution of a citizen.” The state was obliged to proceed with Massie’s appeals against his stated wishes, a charge unique to capital cases, because of the singular obligations imposed by the death sentence on the legal machinery of the state — and in fact imposed by the Furman and Gregg decisions that years earlier had ushered Massie unwillingly off death row.

His appeals continuing against his wishes, Massie’s conviction was ultimately overturned in a 1985 California Supreme Court decision holding that the sentence was invalid because his lawyer had not consented to the guilty plea.

Convicted again in a retrial in 1989, Massie was, once again, sentenced to death. Though he was briefly heartened enough to pursue appeals in earnest, those, too, foundered; increasingly convinced that corrupt judges were violating their oath to uphold the Constitution and greasing the machinery of death, he determined once again to pursue his own death.

As his appeals ran out, lawyers and advocates of all stripes stepped in to try to prevent Massie’s execution. A lifetime of abuse in foster care and juvenile detention centers and evidence of clinical depression and mental disorder were all presented at the last minute in a last-ditch attempt to save a man who didn’t want saving.

All were denied, and Robert Lee Massie was executed at the age of 59 on March 27, 2001. He was just the ninth prisoner executed in California in the post-Furman era and the 703rd nationwide.

Massie is one of a growing trend of death row volunteers, prisoners who voluntarily seek to run through their appeals and bring their lives on death row to an end. His frequent visitor in his last years in prison and “next friend,” Michael Kroll,* writes:

My friend, Bob Massie, maneuvered the state of California into assisting in his suicide. He had his own lawyer doing the dance of death with the attorney general and managed to avoid being declared incompetent.

And in the words of a relative of one of Massie’s victims:

I know he wants to die. It makes me think, if he wants out of the suffering, well, maybe we shouldn’t be killing him. Maybe he should just be left there to suffer.

Tossed hither and yon with the shifting legal tides of death penalty law spanning eight presidential administrations, Massie had to aid his executioners to the very last breath: when finally strapped to a gurney 36 years since that young man had murdered Mildred Weiss, he obligingly flexed his arm to help the technician find a suitable vein.

* Kroll tried to prevent Massie’s execution on the grounds that he was mentally ill, incurring his friend’s wrath.

Entry Filed under: 20th Century, 21st Century, California, Capital Punishment, Common Criminals, Crime, Death Penalty, Execution, Guest Writers, Last Minute Reprieve, Lethal Injection, Murder, Notable Jurisprudence, Other Voices, USA, Volunteers

1838: Andrea Rondola but not Peppino

Add comment February 23rd, 2008 Headsman

On this date in 1838, in The Count of Monte Cristo, the title character witnesses two men brought to the scaffold for public execution in Rome.

In Alexandre Dumas‘ classic, the count is really Edmond Dantes, wrongly imprisoned years before, who has escaped and enriched himself with a discovered treasure, purchasing thereafter his ennoblement. This date’s execution occurs shortly after Dantes has surfaced publicly as the count. He witnesses it with two young friends — goading one of the reluctant youths by remarking, “when you travel, it is to see everything. Think what a figure you will make when you are asked, ‘How do they execute at Rome?’ and you reply, ‘I do not know’!” — and the naked brutality with which the Count greets a scene horrifying to his more genteel companions prefigures the pitiless revenge he will soon visit on his onetime persecutors.

The scene is laid on the first day of Carnival — the concealed identities among the crowd and the tension between its celebratory state of mind and the public butchery played out before it both serving the novel’s themes.

The prisoners are: a murderer, executed by the unique (and error-prone) Roman method of mazzolatura, in which the prisoner is incapacitated with a blow from a mallet before being finished off with a knife; and, a young man wrongly condemned to the guillotine for banditry, who will be reprieved thanks to the protagonist’s intervention further to the latter’s designs of vengeance.

It was the first time Franz had ever seen a guillotine, — we say guillotine, because the Roman mandaia is formed on almost the same model as the French instrument. The knife, which is shaped like a crescent, that cuts with the convex side, falls from a less height, and that is all the difference. Two men, seated on the movable plank on which the victim is laid, were eating their breakfasts, while waiting for the criminal. Their repast consisted apparently of bread and sausages. One of them lifted the plank, took out a flask of wine, drank some, and then passed it to his companion. These two men were the executioner’s assistants. At this sight Franz felt the perspiration start forth upon his brow. The prisoners, transported the previous evening from the Carcere Nuovo to the little church of Santa Maria del Popolo, had passed the night, each accompanied by two priests, in a chapel closed by a grating, before which were two sentinels, who were relieved at intervals. A double line of carbineers, placed on each side of the door of the church, reached to the scaffold, and formed a circle around it, leaving a path about ten feet wide, and around the guillotine a space of nearly a hundred feet. All the rest of the square was paved with heads. Many women held their infants on their shoulders, and thus the children had the best view. The Monte Pincio seemed a vast amphitheatre filled with spectators; the balconies of the two churches at the corner of the Via del Babuino and the Via di Ripetta were crammed; the steps even seemed a parti-colored sea, that was impelled towards the portico; every niche in the wall held its living statue. What the count said was true — the most curious spectacle in life is that of death. And yet, instead of the silence and the solemnity demanded by the occasion, laughter and jests arose from the crowd. It was evident that the execution was, in the eyes of the people, only the commencement of the Carnival. Suddenly the tumult ceased, as if by magic, and the doors of the church opened. A brotherhood of penitents, clothed from head to foot in robes of gray sackcloth, with holes for the eyes, and holding in their hands lighted tapers, appeared first; the chief marched at the head. Behind the penitents came a man of vast stature and proportions. He was naked, with the exception of cloth drawers at the left side of which hung a large knife in a sheath, and he bore on his right shoulder a heavy iron sledge-hammer. This man was the executioner. He had, moreover, sandals bound on his feet by cords. Behind the executioner came, in the order in which they were to die, first Peppino and then Andrea. Each was accompanied by two priests. Neither had his eyes bandaged. Peppino walked with a firm step, doubtless aware of what awaited him. [i.e., a pardon] Andrea was supported by two priests. Each of them, from time to time, kissed the crucifix a confessor held out to them. At this sight alone Franz felt his legs tremble under him. He looked at Albert — he was as white as his shirt, and mechanically cast away his cigar, although he had not half smoked it. The count alone seemed unmoved — nay, more, a slight color seemed striving to rise in his pale cheeks. His nostrils dilated like those of a wild beast that scents its prey, and his lips, half opened, disclosed his white teeth, small and sharp like those of a jackal. And yet his features wore an expression of smiling tenderness, such as Franz had never before witnessed in them; his black eyes especially were full of kindness and pity. However, the two culprits advanced, and as they approached their faces became visible. Peppino was a handsome young man of four or five and twenty, bronzed by the sun; he carried his head erect, and seemed on the watch to see on which side his liberator would appear. Andrea was short and fat; his visage, marked with brutal cruelty, did not indicate age; he might be thirty. In prison he had suffered his beard to grow; his head fell on his shoulder, his legs bent beneath him, and his movements were apparently automatic and unconscious.

“I thought,” said Franz to the count, “that you told me there would be but one execution.”

“I told you true,” replied he coldly.

“And yet here are two culprits.”

“Yes; but only one of these two is about to die; the other has many years to live.”

“If the pardon is to come, there is no time to lose.”

“And see, here it is,” said the count. At the moment when Peppino reached the foot of the mandaia, a priest arrived in some haste, forced his way through the soldiers, and, advancing to the chief of the brotherhood, gave him a folded paper. The piercing eye of Peppino had noticed all. The chief took the paper, unfolded it, and, raising his hand, “Heaven be praised, and his holiness also,” said he in a loud voice; “here is a pardon for one of the prisoners!”

“A pardon!” cried the people with one voice — “a pardon!” At this cry Andrea raised his head. “Pardon for whom?” cried he.

Peppino remained breathless. “A pardon for Peppino, called Rocca Priori,” said the principal friar. And he passed the paper to the officer commanding the carbineers, who read and returned it to him.

“For Peppino!” cried Andrea, who seemed roused from the torpor in which he had been plunged. “Why for him and not for me? We ought to die together. I was promised he should die with me. You have no right to put me to death alone. I will not die alone — I will not!” And he broke from the priests struggling and raving like a wild beast, and striving desperately to break the cords that bound his hands. The executioner made a sign, and his two assistants leaped from the scaffold and seized him. “What is going on?” asked Franz of the count; for, as all the talk was in the Roman dialect, he had not perfectly understood it. “Do you not see?” returned the count, “that this human creature who is about to die is furious that his fellow-sufferer does not perish with him? and, were he able, he would rather tear him to pieces with his teeth and nails than let him enjoy the life he himself is about to be deprived of. Oh, man, man — race of crocodiles,” cried the count, extending his clinched hands towards the crowd, “how well do I recognize you there, and that at all times you are worthy of yourselves!” Meanwhile Andrea and the two executioners were struggling on the ground, and he kept exclaiming, “He ought to die! — he shall die! — I will not die alone!”

“Look, look,” cried the count, seizing the young men’s hands — “look, for on my soul it is curious. Here is a man who had resigned himself to his fate, who was going to the scaffold to die — like a coward, it is true, but he was about to die without resistance. Do you know what gave him strength? — do you know what consoled him? It was, that another partook of his punishment — that another partook of his anguish — that another was to die before him. Lead two sheep to the butcher’s, two oxen to the slaughterhouse, and make one of them understand that his companion will not die; the sheep will bleat for pleasure, the ox will bellow with joy. But man — man, whom God created in his own image — man, upon whom God has laid his first, his sole commandment, to love his neighbor — man, to whom God has given a voice to express his thoughts — what is his first cry when he hears his fellow-man is saved? A blasphemy. Honor to man, this masterpiece of nature, this king of the creation!” And the count burst into a laugh; a terrible laugh, that showed he must have suffered horribly to be able thus to laugh. However, the struggle still continued, and it was dreadful to witness. The people all took part against Andrea, and twenty thousand voices cried, “Put him to death! put him to death!” Franz sprang back, but the count seized his arm, and held him before the window. “What are you doing?” said he. “Do you pity him? If you heard the cry of `Mad dog!’ you would take your gun — you would unhesitatingly shoot the poor beast, who, after all, was only guilty of having been bitten by another dog. And yet you pity a man who, without being bitten by one of his race, has yet murdered his benefactor; and who, now unable to kill any one, because his hands are bound, wishes to see his companion in captivity perish. No, no — look, look!”

The command was needless. Franz was fascinated by the horrible spectacle. The two assistants had borne Andrea to the scaffold, and there, in spite of his struggles, his bites, and his cries, had forced him to his knees. During this time the executioner had raised his mace, and signed to them to get out of the way; the criminal strove to rise, but, ere he had time, the mace fell on his left temple. A dull and heavy sound was heard, and the man dropped like an ox on his face, and then turned over on his back. The executioner let fall his mace, drew his knife, and with one stroke opened his throat, and mounting on his stomach, stamped violently on it with his feet. At every stroke a jet of blood sprang from the wound.

This time Franz could contain himself no longer, but sank, half fainting, into a seat. Albert, with his eyes closed, was standing grasping the window-curtains. The count was erect and triumphant, like the Avenging Angel!

The Count of Monte Cristo is available free at Project Gutenberg. This day’s scene occurs in chapter 35. (An announcement in chapter 34 establishes the date.)

Entry Filed under: 19th Century, Arts and Literature, Beheaded, Common Criminals, Fictional, Gruesome Methods, Guillotine, Italy, Last Minute Reprieve, Mature Content, Mazzolatura, Murder, Not Executed, Papal States, Pardons and Clemencies, Public Executions, Theft

1663: Illiam Dhone

Add comment January 2nd, 2008 Headsman

On this date in 1663, Illiam Dhone was shot for treason at Hango Hill on the Isle of Man.

William Christian — “Illiam Dhone” is a Gaelic sobriquet meaning “Brown William” — committed his fatal offense in 1651: as a powerful Manx pol charged with defense of the island against a prospective Roundhead, invasion, he overthrew the Royalist lords and bloodlessly surrendered instead.

Although documentation seems to be fragmentary, an overreaching assertion of lordly prerogatives by James Stanley, Earl of Derby, of late made Cromwell’s prisoner, might have prepared a powder keg ignited by the efforts of the Earl’s wife to ransom her husband by the Isle’s sacrifice.

Treason doth never prosper, so with the prosperity of Cromwell’s revolution, Christian earned the Manx governorship. Only upon restoration of the crown did his putsch come a cropper.

“In all likelihood Illiam Dhone was probably executed as an act of revenge by the Stanley family,” Roger Sims of the Manx Museum says. “However, the fact remains that Illiam Dhone’s actions in surrendering the island probably saved a great many lives and a great deal of property.”

The case, however, proceeded despite a general amnesty that should have spared the “traitor”. A week after he had already delivered himself of his dying denunciation against “a prompted and threatened jury, a pretended Court of Justice, of which the greater part were by no means qualified,” his appeal finally reached London — and was granted.

The patriot’s martyrdom made its mark in literature with the Gaelic ballad “Baase Illiam Dhone” (lyrics and translation, sheet music) and Sir Walter Scott’s Peveril of the Peak.

Entry Filed under: 17th Century, Arts and Literature, England, English Civil War, Isle of Man, Martyrs, Notable Jurisprudence, Pardons and Clemencies, Politicians, Popular Culture, Reprieved Too Late, Shot, Treason, Wrongful Executions

1849: Not Fyodor Dostoyevsky

2 comments December 22nd, 2007 Sonechka

“Brother, I am not dejected or crestfallen. Life, life is everywhere, life is in us ourselves, not outside. Near me will be people, and to be a person among persons and stay him forever, to not be cast down or despondent no matter what the misfortunes are – therein lies life, therein lies its purpose. I realized that. This idea entered my flesh and blood. Yes! It’s true! The head that created and got accustomed to the higher demands of the spirit, that head is cut off from my shoulders. What’s left are the memories and images created and not reified by me. They will ulcerate me, indeed! What I have left is my heart and the same flesh and blood, which can love, suffer, pity, and remember, and this is life, after all …” (quote — in Russian; the translation is mine)

The square — now named Pionerskaya Ploschad’ — where Dostoyevsky faced a mock execution. Image used with permission.

This slightly rambling epistle is authored by a titan of the world literature, a schizophrenic, a gambler, a true believer, a sufferer, a humanitarian, an epileptic, a Russian, a philosopher, a St. Petersburger, the Writer. Let us forgive him a certain incongruity of thought, since that letter was his first salute to a newly acquired chance to live.

On this date in 1849, Dostoevsky, along with some 20 other condemned, was brought out to St. Petersburg’s Semyonovsky platz. They were meant to be shot for affiliation with the Petrashevsky circle, a group of idealistic young intellectuals, apologists of Fourier and fervent advocates of socialism. Just like the generation of aristocrats (alas, some of them will be featured on this macabre blog) before them and generations of intelligentsia (whose destiny is equally unenviable) after them, Petrashevtsy gathered at Petersburg’s flats, read articles and concerned themselves with the fate of the permanently-rising-from-the-knees Motherland.

The formal charges brought upon Dostoevsky were quite bizarre: he listened to a story that criticized the army; had in his possession an illegal printing press; read an open letter to the circle from Belinsky to Gogol which excoriated the church and government; and participated in a regicide plot. The latter accusation Fyodor Mikhailovich vehemently denied, for indeed he was not a bloodthirsty revolutionary, but a proponent of the peaceful Christ’s teaching (this affliction with Christian philosophy was incidentally somewhat of a mauvais ton among the predominantly atheistic circle).

It always seemed to me that Dostoevsky’s participation in the Petrashevky circle was a tribute to the epoch’s fad. It was the imperfections of human nature, not the peculiarities of a hypothetical social structure, that concerned him greatly. The world’s wrongdoings result from something rotten in a man’s soul, and once those internal blemishes are erased, the external harmony emerges. “Beauty will save the world”, a cliché instilled in every Russian by a literature teacher in 10th grade, a phrase attributed to Christ-like kniaz’ Myshkin, and one of Dostoevsky’s most important statements: inner beauty is vital, the rest is a consequence.

The military court condemned Dostoevsky to death. The general-auditor amended this decision and recommended a lighter punishment: “… deprive of all fortune and send to hard labor in fortresses for eight years”. The final resolution of Nicholas I reduced the sentence to four years, “and then [relegate] to [the rank of] private … declare clemency only at the moment when everything is ready for execution”.

Here is a slightly brushed up account of how the ugly farce actually transpired:

“Life is a gift, life is happiness, every minute could be a century of happiness …” continued Dostoevsky his letter. In three days, he received a prisoner’s dress, a fur coat, and valenki. He was put in shackles and dispatched to Siberia …

Novels and Short Stories by Dostoyevsky

Entry Filed under: 19th Century, Activists, Artists, Arts and Literature, Famous, Guest Writers, Intellectuals, Last Minute Reprieve, Mass Executions, Mock Executions, Not Executed, Other Voices, Pardons and Clemencies, Public Executions, Revolutionaries, Russia, Shot, Treason


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