ExecutedToday.com

(Thanks to John Temple, author of The Last Lawyer: The Fight to Save Death Row Inmates and journalism professor at West Virginia University, for the guest post. -ed.)

Barring a last-minute stay of execution, Khristian Oliver will be put to death late this afternoon.

(Update: Khristian Oliver has indeed been executed as scheduled. His likeness lives on in an altarpiece made by his father, an artist.)

In 1998, Oliver, now 32, shot and killed a man whose home he was burglarizing. Oliver’s guilt isn’t being questioned. The argument his attorneys and supporters are using to stave off his upcoming execution has to do with how the jurors in his case handled his sentencing.

An Oct. 15 story in The Guardian described the scene in the jury room this way:

A clutch of jurors huddled in the corner with one reading aloud from the Book of Numbers: “The murderer shall surely be put to death” and “The revenger of blood himself shall slay the murderer.”

Another juror highlighted passages which she showed to a fellow juror: “And if he smite him with an instrument of iron, the murderer shall surely be put to death.” (Apparently one of the same passages, Numbers 35:16, in fuller context.)

Juries debating this most difficult decision often reach for Biblical guidance, and there are no shortage of verses that relate to capital punishment, including the famous “eye for an eye” passage(s). Courts have ruled this improper, not because the Bible is a religious document, but because it is extrinsic evidence, meaning it was not properly introduced as evidence.

The same issue arose in the central case in my new book, The Last Lawyer: The Fight to Save Death Row Inmates.

To write the book, I shadowed a North Carolina legal team for four and a half years as they fought to overturn the death sentence of a man named Bo Jones. The attorneys crisscrossed the back roads of North Carolina to track down and interview most of the jurors from the trial, two of whom chased them off their property. In the end, the attorneys found one woman who claimed that a Baptist minister on the jury had brought a Bible into the room and quoted passages from it.

In the end, this claim didn’t help Bo Jones. A federal appeals judge threw it out, saying his lawyers hadn’t proved that the Bible-quoting had influenced the jury’s verdict. But Jones’s attorneys had plenty of other arguments up their sleeves, while Oliver’s supporters seem to be putting most of their emphasis on the Bible argument.

It remains to be seen whether this will bewas not enough to spare his life.

Also On This Date

• 1941: Arndt Pekurinen, conscientious objector
• 1925: Sidney Reilly
• Themed Set: Spies

We meet people in these pages who go to the scaffold joking, or sarcastic, or cocksure.

Humans bear up to proximity of death with every psychological defense in the book, but even if surprisingly few die in naked terror, make no mistake this Halloween: there’s a reason the executioner is scary.

Shot Through the Heart

Habitual criminal John Deering had a date with a Salt Lake City firing squad this date in 1938.

If anyone should be nonchalant about being ripped open by bullets, it’s a guy who eschewed a prison sentence in Michigan and confessed to murder to get himself extradited to Utah to face capital murder charges — saying that he and the world would both be better off with him dead.

The 39-year-old put on a cool front, but how steady was he, really? In a weird experiment, Deering agreed to be hooked to an electrocardiogram that measured his heart rate during his last moments.

Here comes the science!

The heart of John W. Deering, holdup murderer, beat three times faster than normal just before he was put to death today by a firing squad in the state prison here. The unprecedented recording was termed valuable to heart disease specialists as it showed clearly the effect of fear.

An electro-cardiograph film, recorded with the condemned man’s permission, showed that Deering’s heart beat jumped from normal 72 to 180, although he appeared outwardly calm. It maintained that rate for the several minutes required to complete preliminaries for the execution.

When the doomed man was asked for a last statement his heart beat fluttered wildly, then calmed after he spoke until bullets ended his life. The heart beat stopped 15.6 seconds after the bullets struck, but he was not pronounced dead until two and a half minutes after the five shots rang out. (Chicago Tribune, Nov. 1, 1938)

Still no cure for cancer.

This guy is obviously not to be confused with his tragic Hollywood contemporary of the same name.

Also On This Date

• Executed Today's First Annual Report: One Year of Dying Languorously
• 1793: The Girondists
• 1589: Peter Stubbe, Sybil Stubbe and Katharina Trump

On this date* in 1796, France enacted what was long held to be one of its most notorious miscarriages of criminal justice by cutting off the head of Joseph Lesurques.

Lesurques was taken for the one of a gang who had sensationally robbed and murdered a mail courier early in 1796, and on the basis of slight eyewitness testimony condemned to die. The only reason he was associated with the crime in the first place was because his friend had been mistakenly accused, and then released, and Lesurques accompanied him to the court to retrieve the friend’s papers where he was “recognized.”

Eyewitness testimony having juridical pull far in excess of its dependability,** this “recognition” was worth the man’s life.

The famous French Revolution executioner Sanson was still in the game at this point, and his grandson (not yet born at this time) used the family notes to pull together this quasi-firsthand account in Memoirs of the Sansons. It’s a tale familiar to any present-day wrongful conviction scenario, of bad evidence snowballing, a blinkered prosecutor intent on conviction, pettifogging appellate authorities, and grim, relentless bureaucratic momentum.

(The names the Memoirs render as “Courriol” and “Dubosc” are also given as “Couriol” and “Dubosc” in other sources.)

the instructing magistrate … instead of imitating the prudence of his Parisian colleague and trying to discover the truth, applied himself to the collection of proofs of the guilt of the prisoners …

Fifteen witnesses on behalf of the defence proved an alibi in favour of Lesurques, eighty-three others spoke highly of his well-known respectability; but their evidence went for nothing in opposition to those who, with singular pertinacity, maintained that Lesurques was one of those who had been seen lurking near the scene of the murder on the night when it was committed …

On hearing his condemnation, Lesurques, who had been firm and collected throughout the trial, lost his self-possession, and raising his hands to heaven he exclaimed:

“The crime which is imputed to me is indeed atrocious and deserves death; but if it is horrible to murder on the high road it is not less so to abuse the law and convict an innocent man. A day will come when my innocence will be recognised, and then may my blood fall upon the jurors who have so lightly convicted me, and on the judges who have influenced their decision!”

…

On the 9th of Brumaire, year 5 (October 30, 1796), my grandfather and father proceeded to the Conciergerie, and found the convicts in the hall, through which so many had passed during the Reign of Terror. David Bernard† was in a state of utter prostration; Courriol, on the contrary, was excited. As to Lesurques, he was as calm and fearless as ever. When he saw my grandfather, whose white hair sufficiently designated him as the chief executioner, he stepped up to him, and said, holding out a sealed letter:

“Citizen, I hope for the honour of human justice that your functions do not often compel you to shed the blood of a guiltless man; I hope, therefore, that you will grant the last request of a man who is about to suffer for what he has not done. Be good enough to keep this letter, which may hereafter contribute to the restoration of the honour of my wife and poor children, whereof they have been so unjustly deprived.”

While one of his assistants was cutting the unfortunate man’s hair, my grandfather read the paper Lesurques had just given him. It was a letter addressed to Dubosc, the man in whose place he was condemned. It ran as follows:

“To Citizen Dubosc.

“Citizen Dubosc, — I do not even know you, and I am going to suffer the death which was reserved for you. Be satisfied with the sacrifice of my life. Should you ever be brought to account, remember my three children and their mother, who are disgraced for ever, and do not prolong their agony. Confess that you are the man.”

…

All preparations were now concluded. Lesurques, of his own choice, was dressed in spotless white, symbol of his innocence. He was the first to take his place in the cart; Courriol followed him, and Bernard, who had fainted, was deposited on the straw. Then began the most dismal and extraordinary journey that ever was made from the Conciergerie to the Place de Greve. Lesurques and Courriol stood in front. At every turn of the wheel, Courriol exclaimed in a piercing voice:

“I am guilty! Lesurques is innocent!”

And for twenty minutes, that is during the whole way to the guillotine, he perseveringly repeated his awful protest against justice. The crowd was horrified, and there were few who did not believe the murderer who confessed his crime, but who proclaimed his companion’s innocence. Courriol again repeated his words at the foot of the scaffold with extraordinary energy and vehemence, and the thump of the knife but just covered his supreme shriek:

“Lesurques is innocent!”

…

The judicial authorities have perseveringly refused to recognise this flagrant miscarriage of justice. And yet the innocence of Lesurques was amply demonstrated a short time after his execution: all the real murderers of the courier of Lyons designated by Courriol were captured; Dubosc himself, whose fatal resemblance to Lesurques was the cause of the latter’s death, was taken and tried … he was executed just four years after Lesurques …

The Lesurques heirs were left paupers by the state’s punitive confiscation of the “bandit’s” effects; after a quarter-century (during which the widow died in a madhouse), they were at least able to recoup their material loss, but although repeatedly challenged, the conviction itself was never reversed.

Judicial and literary skirmishing over the Lesurques matter continued for decades, gradually forming into a general consensus (whatever the courts might admit) that the man was wrongly accused.

As a result, Lesurques remained a potent symbol of capricious criminal justice overreach throughout the 19th century and into the 20th: this 1874 reader, Famous Cases of Circumstantial Evidence, has a full chapter on the case; a popular Victorian play titled The Lyons Mail was translated into a now-lost 1915 silent film and a 1931 talkie … albeit with a happy ending.

To a certain, inevitably well-represented, authoritarian demographic, any credence given to the self-evident proposition that wrongful convictions happen smacks of effrontery towards betters, and the Lesurques case was no exception … especially when paired with the coincident low ebb of public esteem for Power during the Dreyfus affair, which hit while The Lyons Mail was in vogue.

An advert insert in an unrelated 1903 book plumps a “Lesurques was guilty” position, riffing on the then-current Dreyfus controversy (”recent efforts in France to bring about the revision of a celebrated case”). This book is listed, but unavailable, on Amazon.com.

L’ affaire Lesurques never (so far as I can determine) reached a resolution; it simply faded away, 140 years or so after its namesake lost his head.

A late (1930) review of its particulars in the Journal of the American Institute of Criminal Law and Criminology (”The Moving Story of the Lyons Stage,” by Max Radin of UC-Berkeley, May 1930) proceeds with ingenuousness embarrassingly unbecoming a professor of the law.

Judicial errors do not occur in the United States. [!!!] Under these circumstances, we can look with some satisfaction on times and places in which this happy condition did not prevail. If in the cycle of existences our perfection should ever become visibly tainted, it may happen that we shall hang men or electrocute them and subsequently regret the fact. Perhaps some one will then recall the moving story of the Lyons stage.

Sounds like it’s ready for a revival.

* A few sources say March 10, 1797, but the most and best clearly lean to October 30, 1796.

** “Juries have an unfortunate faith in the accuracy of eyewitnesses,” William Davis Gross observes. “The propensity for blunder is so great that it is nearly equal to all other forms of error combined.” (”The Unfortunate Faith: A Solution to the Unwarranted Reliance Upon Eyewitness Testimony,” Texas Wesleyan Law Review, spring 1999)

† Bernard is a footnote in the story, but he seems to have received a raw deal himself: he was the liveryman who procured the horses for the highwaymen, but did not participate in the crime. Sanson passingly refers to Bernard as “but slightly guilty.”

Also On This Date

• 2007: Not Earl Wesley Berry ... for the time being

On this date in 2008, during a record-setting year for executions, Japan hanged Michitoshi Kuma, 70, and Masahiro Takashio, 55.

Michitoshi Kuma attracts our notice in particular not simply because he insisted throughout his trial and appeal that he was innocent of abducting and murdering two seven-year-olds in 1992 … but because the circumstantial evidence that convicted him was buttressed by a DNA testing regime that has fallen into disrepute.

One crucial piece of evidence against Kuma was the DNA samples taken from blood near the victims’ bodies. The samples were tested with DNA typing of the MCT118 locus.

The same method of testing was used in the case of the murder of a young girl in Ashikaga, Tochigi Prefecture, in 1990, known as the Ashikaga case. The test result was seen as crucial evidence in supporting the life sentence handed down to the accused, Toshikazu Sugaya.

However, the result was overturned when the DNA was tested again as part of the immediate appeal filed by Sugaya’s defense counsel after his request for a retrial was dismissed.

Sugaya, 62, was freed from prison on June 4, 17 years after police had arrested him.

“At first glance, DNA tests look scientific. That’s why it’s dangerous to have complete faith in them,” Iwata said.

“The tests were carried out in a particularly sloppy way in the early 1990s, when the Iizuka and Ashikaga cases occurred,” he said, adding that the Iizuka case likely was another example of a wrongful conviction.

“It can’t be undone now,” one of the defense lawyers lamented upon hearing of the hanging — conducted, as per usual in Japan, in secret and without prior notice to either the inmate or his attorneys.

The Ashikaga case, in which another prisoner convicted about the same time as Kuma and with the same DNA technology was exonerated and released a few months after Kuma’s hanging, embarrassingly reversed what had once been a signal judicial triumph for early DNA testing.

“The media treated the science as if it were invincible, like Atom Boy,” [one of Toshikazu Sugaya's attorneys] said sarcastically. “They just kept admiring the DNA judgment without reservations.”

The objections Sugaya’s exoneration prompted about Kuma’s conviction, of course, arrived a bit too late.

Also On This Date

• 1839: Sebastien-Benoit Peytel, notwithstanding Balzac

On this date in 1666, a hapless French watchmaker was hanged at Tyburn for starting the Great Fire of London — his obstinate confession in the face of all other evidence making him the convenient fall guy for an accidental cataclysm.

Of Robert Hubert Lord Clarendon would write,

though the Chief Justice told the King, ‘that all his discourse was so disjointed that he did not believe him guilty;’ nor was there one man who prosecuted or accused him: yet upon his own confession … the jury found him guilty, and he was executed accordingly. And though no man could imagine any reason why a man should so desperately throw away his life, which he might have saved, though he had been guilty, since he was only accused upon his own confession; yet neither the judges, nor any present at the trial, did believe him guilty, but that he was a poor distracted wretch weary of his life, and chose to part with it this way. Certain it is, that upon the strictest examination that could be afterwards made by the King’s command, and then by the diligence of Parliament, that upon the jealousy and rumour made a Committee, who were very diligent and solicitous to make that discovery, there was never any probable evidence, (that poor creature’s only excepted,) that there was any other cause of that woeful Fire, than the displeasure of God Almighty.

Executed Today is pleased to interview Meriel Jeater, curator of the “London’s Burning” exhibit now on display at the Museum of London, on what the Great Fire wrought.

More Great Fire images, including a map of the destroyed area, here.

Was London lucky to have the Great Fire?

Yes, I suppose so. Lots of people have sort of argued that London missed an opportunity to make more changes, but they just didn’t have the money to do them at the time.

There were a lot of improvements made. They widened the streets. The city was rebuilt in brick instead of wood, although that rule was in place from before 1666. The regulations were restated and extra ones were added in; a lot of people think that it was because of the Great Fire that people started building in brick, but that regulation already existed from earlier in the 17th century.

You’ve got acres and acres and acres of land that have been reduced to rubble during the Great Fire, and en masse, all these new buildings are going up. But yes, it made life more healthy & more pleasant in the city. You had pavement put in for the first time. All these little things you wouldn’t think of, like the houses had to have gassers for the first time, as opposed to just spouts that would spray water on you if you walked down the street. The Great Fire gave people the opportunity to get rid of all those inconveniences.

And they were able to do other things, like the slope down to the River Thames was quite steep, and they were able because of all the rubble to ease the slope.

How did it reshape London? What might have been different about the subsequent life of the city if it had never occurred?

Within days of the fire going out, various architects like Christopher Wren were supplying architectural plans to rebuild London, perhaps around an American grid plan, or European-looking piazzas.

What they really wanted to do was get people moving back into London and rebuilding their houses as quickly as possible, so they kept the medieval street plan and instituted new regulations, like the streets had to be widened, and they could no longer build the houses hanging into the street. The size of the house you could build was proportional to the size of the street you were on, so if you lived on a main boulevard instead of a small lane

Where’s the best place in London to catch a glimpse of that world, as it looked then?

It’s kind of a hidden thing because of course we were bombed in the Second World War, but there are places, like behind St. Paul’s Cathedral, in Amen Court.

So who is Robert Hubert?

He’s a French watchmaker from Rouen, and he was seized in Essex apparently attempting to flee the country. There were various other foreign people who were seized as well, but Hubert confessed to starting the fire.

But his evidence* was very conflicting; he kept changing his mind of what he’d done. He said he’d been part of 23 conspirators and put a fireball through the window of the bakery where the fire started. The baker himself said there wasn’t a window there.

The jury really thought that Robert Hubert was mad, but he was so insistent that he’d done it.

The following year, they discovered that he hadn’t actually arrived in London until two days after the fire started.

Lucky for the baker! He didn’t end up catching any blame for burning down the city?

Hubert was a very convenient scapegoat, and Thomas Farynor** of the bakery was incredibly relieved. Right from the start, Farynor had said “I put my oven out that night, it can’t possibly be me, it must be arson.”

I’ve had a little look at the records of Pudding Lane to see whether he rebuilt his house, and he did.

One of the interesting resources on your site deals with the going fear of “Catholic incendiarism” (pdf), and the use of the Great Fire as a touchstone for the succession conflicts of the 1680’s. Would it have been conventional wisdom by that time, a generation or so after the event, that the Great Fire was a Catholic plot?

It becomes all caught up in the contemporary politics of the time, so it’s really got nothing to do with the fire. It’s people not liking James II for being a Catholic. It’s the fictional Popish Plot, completely fabricated. It’s probably not a coincidence that at the height of the Popish plot that they put up the plaque on the side of the bakery saying that the Fire came from “the malicious hearts of barbarous Papists.”†

Given the combustible material all about, why wasn’t something like the Great Fire a more regular occurrence?

There were six serious fires in the 17th century before the Great Fire happened; one of them was a great explosion of gunpowder.

Fires were sort of a common hazard. The thing about the Great Fire was that there was sort of a whole load of circumstances. There was a drought, so it was dry; there were storm winds coming in from the east, so it blew the fire on faster than it would have; it started at 1 o’clock in the morning, so people were in bed. I think the problem is that it’s all these circumstances combining together. Maybe if it happened at 3 o’clock on Monday when it was raining, it wouldn’t have gone beyond the block.

Logistically, how did the society and the state handle the mass homelessness and unemployment that followed? Where did all these people live right after the fire, and how smoothly were they reintegrated?

People were camping out in the fields outside of London; others were moving into areas that were unburnt but having to pay hugely inflated rents. Some people had to move into other towns. There was evidence that people were still living in shantytown tented accommodations up to eight years after the fire, because there’s another rebuilding regulation in the 1670s that addresses that.

In the first year after the fire, only 150 houses are rebuilt; the rebuilding happens over 10 years, though some houses took up to 30 years. Some people were in very desperate circumstances, so formerly very wealthy people who had lived off their rents might now be working as servants. People coped, a lot of times in reduced circumstances from what they were used to.

There was a particular man you can read about in Samuel Pepys’ diary, and he threw himself into a pond in an attempt to commit suicide because he was so indebted.‡

As curator of an exhibit, what do you hope visitors take away from London’s Burning?

One thing that I really wanted people to understand as they go around the exhibition is the effect on people. You learn about it at school, but you don’t really focus on how people cope and how they rebuild.

There’s also a lot of urban myths about the Great Fire, like the ‘fact’ that the fire is supposed to have ended the Great Plague, which is not the case (pdf); those are things we wanted to dispel.

* There’s some original documentation from the examination of Hubert and others after the Fire here.

** Also spelled Thomas Farriner — or Faryner, or Farryner.

Christopher Wren’s monument to the Great Fire of London.

http://www.flickr.com/photos/tgigreeny/ / CC BY-NC-SA 2.0

† An inscription on the base of the Great Fire monument itself (only chiseled out in 1830), once read:

This pillar was set up in perpetual remembrance of the most dreadful burning of this protestant city, begun and carried on by the treachery and malice of the popish faction, in the beginning of September, in the year of our Lord, 1666, in order to the carrying on their horrid plot for extirpating the protestant religion, and old English liberty, and introducing popery and slavery. (Soruce)

Alexander Pope savaged this civic pamphleteering with the couplet,

Where London’s column, pointing at the skies,
Like a tall bully, lifts the head and lies.

Poets and elites might think what they like, but Lord Clarendon recorded a popular anti-foreigner freakout as England reached

a universal conclusion, that this Fire came not by chance … the wicked authors … were concluded to be all the Dutch and all the French in the town, though they had inhabited the same places above twenty years. All of that kind, or, if they were strangers, of what nation soever, were laid hold of; and after all the ill usage that can consist in words, and some blows and kicks, they were thrown into prison. And shortly after, the same conclusion comprehended all the Roman Catholics, who were in the same predicament of guilt and danger … In the mean time, even they [the King's Privy Councilors], or any other person, thought it not safe to declare ‘that they believed that the Fire came by accident, or that it was not a plot of the Dutch and the French and Papists, to burn the City;’ which was so generally believed, and in the best company, that he who said the contrary was suspected for a conspirator, or at best a favourer of them. (Source)

‡ Pepys’ diary, January 21, 1668.

the story is that it seems on Thursday last he went sober and quiet out of doors in the morning to Islington, and behind one of the inns, the White Lion, did fling himself into a pond, was spied by a poor woman and got out by some people binding up hay in a barn there, and set on his head and got to life, and known by a woman coming that way; and so his wife and friends sent for. He confessed his doing the thing, being led by the Devil; and do declare his reason to be, his trouble that he found in having forgot to serve God as he ought, since he come to this new employment: and I believe that, and the sense of his great loss by the fire, did bring him to it, and so everybody concludes.

Although the man survived the drowning, he caught his death from the attempt and died in bed; Pepys intervened to see that the desperate suicide’s remaining estate would not be confiscated from his widow for his “self-murder.”

Also On This Date

• 1553: Michael Servetus, but not to defend a doctrine

On this date in 1415, on the eve of the Battle of Agincourt, the young English King Henry V approved the execution of his onetime boon companion Bardolph in William Shakespeare’s Henry V.

18th century illustration of Bardolph.

The fictional Bardolph had been the ruddy-nosed friend of Henry’s in the Henry IV plays (Part 1, Part 2), where the hard-drinking, rabble-rousing young prince is a disappointment to the father who fears his heir will never merit the throne.

By Henry V, the boy has become the ruler, and launched an audacious incursion into France during the Hundred Years’ War.

Hal’s willingness to own the rough decisions of statecraft — in this case having his friend put to death further to his win-French-hearts-and-minds policy — is part of his coming of age as Henry V.

Whether that means Hal’s maturation into regal dignity or the corruption of his humanity by power is up to the reader.

KING

How now Fluellen, cam’st thou from the Bridge?

FLUELLEN

I, so please your Maiestie: The Duke of Exeter
ha’s very gallantly maintain’d the Pridge; the French is
gone off, looke you, and there is gallant and most praue
passages: marry, th’ athuersarie was haue possession of
the Pridge, but he is enforced to retyre, and the Duke of
Exeter is Master of the Pridge: I can tell your Maiestie,
the Duke is a praue man

KING

What men haue you lost, Fluellen?

FLUELLEN

The perdition of th’ athuersarie hath beene very
great, reasonnable great: marry for my part, I thinke the
Duke hath lost neuer a man, but one that is like to be executed
for robbing a Church, one Bardolph, if your Maiestie
know the man: his face is all bubukles and whelkes,
and knobs, and flames a fire, and his lippes blowes at his
nose, and it is like a coale of fire, sometimes plew, and
sometimes red, but his nose is executed, and his fire’s
out

KING

Wee would haue all such offendors so cut off:
and we giue expresse charge, that in our Marches through
the Countrey, there be nothing compell’d from the Villages;
nothing taken, but pay’d for: none of the French
vpbrayded or abused in disdainefull Language; for when
Leuitie and Crueltie play for a Kingdome, the gentler
Gamester is the soonest winner.

This is Laurence Olivier’s 1944 version of the scene, with the commoner Bardolph well off-camera:

… and Kenneth Branagh’s more pathos-laden 1989 interpretation, with the king wavering a moment as he locks eyes with his doomed subject, and flashing back to bygone scenes of conviviality before delivering his troop the stern lesson of his friend’s strangling:

Part of the Daily Double: Agincourt.

Also On This Date

• 1945: Vidkun Quisling, who made his name as a traitor

On this date in 1971, Romania’s most notorious serial killer was dragged to the stake at Jilava Prison — fighting all the way, and shrieking “Call my father, so he can see what’s happening to me! Make him come! He’s the only guilty one!” — and shot to death for a rape-murder spree that had terrorized Bucharest for more than a year.

Ion Rîmaru (or Ion Râmaru), an emotionally stunted, sexually perverted veterinary school dropout, began in 1970 preying on lone women perambulating the Romanian capital late at night.

Though a number of Rimaru’s targets escaped with their lives,* his attacks were noted for their bestial ferocity: biting into, perhaps cannibalizing, his victims’ sex organs; necrophiliac rapes; blood-drinking (hence the nickname). Authorities loathe to cop to a serial killer were initially tight-lipped about the monster in their midst, only heightening public terror, until a very visible May 1971 dragnet finally caught the Vampire.

Though he surely met someone’s definition of nuts, his attempt to claim insanity at trial was a predictable nonstarter, leading to this day’s scene on the execution grounds. Rimaru actually got himself turned all the way round, and took the firing squad’s barrage in his back. Unseemly, all in all.

But all that carrying on about his father? Evidently it was more than just unresolved Oedipal stuff.

The next year, his father fatally “fell” (read: was pushed by police) from a train. Forensic evidence taken from the body of Florea Rîmaru (Romanian link) implicated the Vampire’s dad in four unsolved 1944 murders in wartime Bucharest.

* His infamous spree’s official tally was four killed, plus six attempted murders, five rapes, one attempted rape, one robbery and three thefts. (Romanian source)

Also On This Date

• Feast Day of Boethius

On this date in 2005, Luis Ramirez was executed in Texas for engineering the murder-for-hire of his ex-wife’s new flame.

Ramirez went to his death still insisting on his innocence.

I did not kill your loved one, but I hope that one day you find out who did. I wish I could tell you the reason why, or give some kind of solace; you lost someone you love very much. The same as my family and friends are going to lose in a few minutes. I am sure he died unjustly, just like I am.

Maybe so. Maybe not.

Contrary to the widespread misapprehension that DNA and other forensic evidence are rendering criminology a perfect science, the majority of criminal procedures make do without them — consequently depending on the more impressionistic and time-honored pillars of jurisprudence: a weighing of circumstantial evidence; an estimate of the credibility of competing witnesses; the structural advantage of the well-resourced prosecutor’s office against its typical adversaries.

There may never be an answer to Luis Ramirez’s last statement, simply because there’s no obvious prospect of a dramatic forensic science reveal.

Wherever Ramirez’s soul might truly stand on the matter of capital murder, he left behind this interesting portrait of human connection on death row.

I’m about the share with you a story who’s telling is long past due. It’s a familiar story to most of you reading this from death row. And now it’s one that all of you in “free world ” may benefit from. This is the story of my first day on the row.

I came here in May of 1999. The exact date is something that I can’t recall. I do remember arriving in the afternoon. I was placed in a cell on H-20 wing over at the Ellis Unit in Huntsville, TX. A tsunami of emotions and thoughts were going through my mind at the time. I remember the only things in the cell were a mattress, pillow, a couple of sheets, a pillow case, a roll of toilet paper, and a blanket. I remember sitting there, utterly lost.

The first person I met there was Napoleon Beazley. Back then, death row prisoners still worked. His job at the time was to clean up the wing and help serve during meal times. He was walking around sweeping the pod in these ridiculous looking rubber boots. He came up to the bars on my cell and asked me if I was new. I told him that I had just arrived on death row. He asked what my name is. I told him, not seeing any harm in it. He then stepped back where he could see all three tiers. He hollered at everyone, “There’s a new man here. He just drove up. His name is Luis Ramirez.” When he did that, I didn’t know what to make of it at first. I thought I had made some kind of mistake. You see, like most of you, I was of the impression that everyone on death row was evil. I thought I would find hundreds of “Hannibal Lecters” in here. And now, they all knew my name. I thought “Oh well,” that’s strike one. I was sure that they would soon begin harassing me. This is what happens in the movies after all.

Well, that’s not what happened . After supper was served, Napoleon was once again sweeping the floors. As he passed my cell, He swept a brown paper bag into it. I asked him “What’s this?” He said for me to look inside and continued on his way. Man, I didn’t know what to expect. I was certain it was something bad. Curiosity did get the best of me though. I carefully opened the bag. What I found was the last thing I ever expected to find on death row, and everything I needed. The bag contained some stamps, envelopes, notepad, pen, soap, shampoo, toothpaste, tooth brush, a pastry, a soda, and a couple of Ramen noodles. I remember asking Napoleon where this came from.

He told me that everyone had pitched in. That they knew that I didn’t have anything and that it may be a while before I could get them. I asked him to find out who had contributed. I wanted to pay them back. He said, “It’s not like that. Just remember the next time you see someone come here like you. You pitch in something.”

I sat there on my bunk with my brown paper bag of goodies, and thought about what had just happened to me. The last things I expected to find on death row was kindness and generosity. They knew what I needed and they took it upon themselves to meet those needs. They did this without any expectation of reimbursement or compensation. They did this for a stranger, not a known friend. I don’t know what they felt when they committed this act of incredible kindness. I only know that like them, twelve “good people” had deemed me beyond redemption. The only remedy that these “good people” could offer us is death. Somehow what these “good people” saw and what I was seeing didn’t add up. How could these men, who just showed me so much humanity, be considered the “worst of the worst.”

Ever since Napoleon was executed, for a crime he committed as a teen, I’ve wanted to share this story with his family. I would like for them to know that their son was a good man. One who I will never forget. I want for them to know how sorry I am that we as a society failed them and him. I still find it ridiculous that we as a people feel that we cannot teach or love our young properly. I’m appalled at the idea that a teen is beyond redemption, that the only solution that we can offer is death. It’s tragic that this is being pointed out to the “good people” by one of the “worst of the worst”. God help us all.

What’s in the brown paper bag? I found caring, kindness, love, humanity, and compassion of a scale that I’ve never seen the “good people” in the free world show towards one another.

Also On This Date

• 1865: Champ Ferguson, Confederate guerrilla

On this date in 1928, William Edward Hickman was hanged at California’s San Quentin prison for what the Los Angeles Times was still calling a decade later* “the most horrible crime of the 1920’s.”

Eighteen- or nineteen-year-old Hickman kidnapped the 12-year-old daughter of a Los Angeles banker, extracted a $1,500 ransom from said banker for her return, then delivered up the girl’s horribly mutilated corpse.

A nationwide manhunt immediately ensued, with Hickman soon captured in Oregon.

Pretty white girls abducted have been media catnip for many a livelong year. In this case, the dastardly deed induced the Los Angeles Times to editorially demand (Dec. 21, 1927) an automatic death penalty for murder in a manifesto that reads like it was written yesterday for whatever the outrageous crime du jour might be.

LET MURDERERS HANG

The sickly sentimentality which wars upon capital punishment for murder and insists upon the coddling of convicts will have a hard time to justify itself in the case of the slayer of Marian Parker, who, if police theories are correct, is William Edward Hickman, a criminal on probation. Had Hickman been serving the prison term which he deserved for his forgeries, he could not have committed the series of crimes which culminated in one of the most atrocious murders of which there is any record. He was free through the lenity of the California law to take his revenge in the most horrible fashion, against a man who had done him no injury that could be considered such by anyone with a spark of moral sense.

Not for vengeance, but for its own protection, both through example and through the eradication of a rotten and depraved individual, society should put the Parker case slayer out of life as quickly as the formalities of law permit. His continued existence is a reproach to all humanity.

A clash of conflicting theories of the best methods of dealing with criminals has brought society to a condition of hesitation. This condition is highly favorable to criminal operations of all sorts, while justice and the law seem to stand by, bewildered and helpless. The logical way to meet this situation is to take practical steps which society knows will protect it, and let penologists and psychiatrists conduct their debate over the ideal system, entirely to one side.

There can be no question that men in jail, while in jail, are no particular menace to society, and that men who have been hanged do not commit further murders. Upon these two solid facts let society base its actions, unless and until something better has been devised and proved. The semi-punishment, semi-reformatory scheme at present in force is obviously a failure.

Its greatest error is that it considers the interest of the criminal rather than those of his victim, or rather the interest of the class to which his victim belongs. This class is made up of the honest, the law-abiding, the God-fearing, the hard-working, the solid and substantial; in other words, of all individuals who are resolved to live in peace and harmony with their neighbors,. respecting others’ rights as courtesouly as they expect their own to be respected. Against this class, the great majority, another class, a minority, is waging war. It consists of the vicious, the depraved, the degenerate; nonproducers and parasites. At best this class is a drag upon progress, at worst it is a menace to civilization. Yet the law as it stands at present regards the rights of the individuals of the class as paramount. The machinery of the courts is strained at every point to aid them.

It is not necessary to inquire why a rattlesnake strikes, or if it is likely to strike again. His motives may be interesting, but they are not important. It is sufficient to recognize the danger and to deal with it appropriately.

It does not matter whether anti-social individuals are all insane, as some criminologists assert, whether they are economic misfits, as other theorists declare, or whether they are in the main ordinary persons gone wrong, as still another school insists. There has been too much consideration for them and not enough for those they prey upon and injure. It is time the emphasis was shifted.

It is time to face the facts, before the criminal class succeeds entirely in getting the upper hand. It is time to place every proved criminal where he can do no more harm. It is time for society to take the certainty of protection; it is time to stop giving the criminal “another chance.”

It is time to hang every murderer.

Lack of firmness in dealing with the criminal problem is due largely to the sob-sister and the sentimentalist. At the other extreme stands the mob spirit and lynch law, equally destructive of the foundations of society. Criminals should be judged without passion, bias or prejudice, and this is possible only in a court of law. No matter how heinous the crime, it is a matter for the courts to deal with. Good citizens will insist that proper punishment be dealt out in accordance with the provisions of law and order. For men to take the law into their own hands is to place themselves on a plane with the criminals, and to give away the immense moral advantage of being right.

Sensational crime + ill-considered policy response = a California tradition. (There wasn’t actually a change of the law in 1927-28, though.)

Perhaps recoiling from the self-righteous public baying after Hickman’s blood, a young Ayn Rand took such a shine to Hickman as to base upon him a murderous protagonist in a 1928 work, The Little Street. The budding apostle of selfishness decried in her journals

[a]verage, everyday, rather stupid looking citizens. Shabbily dressed, dried, worn looking little men. Fat, overdressed, very average, ‘dignified’ housewives … How can they decide the fate of that boy? Or anyone’s fate?

Though The Little Street never saw print, the hero disdainful of the petty bonds of moral hypocrisy is the go-to trope of Rand’s later novels. If you can bear them, you’ll find Rand speaking of “nonproducers and parasites” who are “a drag upon progress … a menace to civilization” in much the way the Times speaks of Hickman.

Indeed, Hickman was a very strange choice for Rand’s affection, quite apart from the obvious: other than the derring-do to bluff school administrators into letting him take away a child on his own say-so, he didn’t really exhibit the magnificent contempt for his many lessers one would expect from a Howard Roark.

From the Los Angeles Times, Dec. 25, 1927.

Hickman broke down and confessed, not in pride but in panic, and signed a simpering “warning” to young men of the classic gallows-speech variety on Christmas Eve 1927:

Crime in its simplest definition is to have without work and enjoy the same place in society as other people and still show no honest effort or intention to go right.

Young men, when crime has once overcome your will power to be honest and straight you are a menace to society. …

Think it over, see my mistake. Be honest and upright. Respect the law. If you do these things you’ll be happier in the end. (Source: Los Angeles Times, Dec. 24, 1927)

Over the ten ensuing months, the teen had the opportunity to recover his wits and play a more manful part, but that didn’t happen either. A week before execution, when any hope of reprieve was gone and there was little percentage left in playing the supplicant, Hickman sent the Associated Press this bit of self-flagellation.

I know very well that I have been a most guilty sinner … I am sorry for having offended God and man … Please ask the people in the name of God to pray for us condemned men here at San Quentin prison.

(To top it off, he wilted climbing the scaffold and had to be helped up the last few steps.)

The miscreant unequal to the weight of his crime-slash-sin, thirsting for the redemptive chalice of heaven … as a criminals go, that’s more Dostoyevsky than Rand.

* Mar. 27, 1938. The context was a roundup of the gallows highlights of San Quentin’s history on the occasion of its switch from hanging to lethal gas.

Also On This Date

• 2005: Wang Binyu, desperate migrant laborer

On this date in 1672, Thomas Rood (or Rhood, or Roode, or even Rude) achieved in Norwich, Conn., the distinction of being the only person executed in the future United States of America for incest.

The native of Glastonbury, England got in a bad way for, in the words of the indictment,

not haveing the feare of God before thine eyes thou hast committed that abominable sin of incest haveing carnall copulation with Sarah Rhood thy reputed daughter for which according to the law of God & the law of this colony thou deservest to dye …

Actually, the laws of the colony said nothing about incest, requiring the Hartford Court of Assistants to ask around the local clergy whether this sort of thing should be a hanging offense.

Yup:

Thomas Rhood thou art to goe from here to the place from whence thou camest & in due time to be carryed from thence to the place of execution & there to be hanged by the neck till thou art dead & then cut down & buried.

Of course, it takes two to tango; daughter/lover Sarah was in some fear for her neck as well, until the court took

notice of a great appearance of force layd up upon her spirit by her father overaweing & Tiranical abuse of his parentall authority besides his bodily striveings which not onely at first brought her into the snare but allso in after yeilding to his Temptation.

Having seemingly found her to be a rape victim, the court extended leniency.

[T]he sentence of the court is that shee be severly whipt on the naked body once at Hartford & once at Norwich that others may heare & fear & do no more such abominable wickednesse.

17th century texts from this pdf on a site selling an 820-page genealogy of the Rood lineage in America … to which the randy old man contributed to the tune of at least nine children.

Also On This Date

• 31: Sejanus, captain of the Praetorian Guard