ExecutedToday.com

At 10:09 a.m. this morning in Starke Prison, 46-year-old Ernest Dobbert threw a wink to his minister and was electrocuted for torturing his nine-year-old daughter to death.

The gist of the offense is described by the Gainesville Sun:

He was a child abuser, dating back to 1969. With his wife in prison for kiting paper, his four children obviously got on his nerves. His daughter, age 9, he tortured by beating with boards and belts, by kicking, by poking in her eyes, and by holding her head underwater in the toilet. He celebrated New Year’s Eve of 1971 by dressing her poor abused body in the finest garb on hand, placing it in a garbage bag and concealing it in the attic.

No chauvinist, he. Within weeks, he had done much the same with his son, aged 7. With the help of another terrorized son, age 12, he buried them both out in the scrub somewhere, with their bodies not yet found.

An unsympathetic character deservedly forgotten a quarter-century later, Dobbert interestingly illustrates some of the wide legal and ethical gray area in the real-life application of the death penalty for the many prisoners who are guilty yet not the like of Ted Bundy.

The Sun editorial cited urges Dobbert’s commitment to a mental institution on the nicely circular grounds that “no person is truly sane who tortures — much less kills — the fruit of his own loins.” This might bespeak an impoverished appreciation of human psychology’s potential.

More legally serious is the matter of intent and premeditation, ambiguous here as it so frequently is in life. Dobbert was convicted of only second-degree murder for killing his son; for slaying his daughter, the jury convicted him of capital murder but recommended only a life sentence, unsure of his degree of calculation.

But Ernest Dobbert is on this blog because Florida law allowed a judge to overrule the jury’s recommendation, opining,

this murder of a helpless, defenseless and innocent child is the most cruel, atrocious and heinous crime I have ever personally known of — and it is deserving of no sentence but death.

Maybe so … maybe no. In a 2000 paper* that undoubtedly plays better for an academic audience than a popular one, death penalty expert (and opponent) Michael Radelet points out that if one does suppose Dobbert’s intent to be less than fully formed, a case like his could be held to constitute a species of “wrongful execution” notwithstanding his guilt for the crime.**

The cases of those wrongly sentenced to death and who were totally uninvolved in the crime constitute only one type of miscarriage of justice. Another (and more frequent) blunder arises in the cases of the condemned who, with a more perfect justice system, would have been convicted of second-degree murder or manslaughter, making them innocent of first degree murder. For example, consider the case of Ernest Dobbert, executed in Florida in 1984 for killing his daughter. The key witness at trial was Dobbert’s 13-year-old son, who testified that he saw his father kick the victim (this testimony was later recanted). In a dissent from the Supreme Court’s denial of certiorari written just hours before Dobbert’s execution, Justice Thurgood Marshall argued that while there was no question that Dobbert abused his children, there was substantial doubt about the existence of sufficient premeditation to sustain the conviction for first-degree murder. “That may well make Dobbert guilty of second-degree murder in Florida, but it cannot make him guilty of first-degree murder there. Nor can it subject him to the death penalty in that State” (Dobbert v. Wainwright, 468 U.S. 1231, 1246 (1984)). If Justice Marshall’s assessment was correct, then Dobbert was not guilty of a capital offense, and—in this qualified sense—Florida executed an innocent man.

For Justice Marshall, of course, all executions are wrongful.

For those otherwise inclined, like Joshua Marquis, an Oregon district attorney with a dim view of overhyped innocence claims, Marshall’s interpretation figures to look downright “startling”.

Florida Governor Bob Graham agreed.

Ernest Dobbert has been executed because of his brutal actions toward his own children. I hope that this indication of the seriousness of child abuse will be an example of the value which the people of Florida place upon the lives of infants and young people in our state, and a measure of the lengths the people of Florida are prepared to go to prevent and punish such crimes.

* “The Changing Nature of Death Penalty Debates,” Annual Review of Sociology, vol. 26, August 2000.

** Fellow anti-death penalty academic Hugo Bedau on people whose murders are “arguably not … capital murder”:

We rarely think about this category when discussing innocence and the death penalty, but it is relevant and extremely important. The problem has been with us for at least two centuries, ever since the invention of the distinction between first-degree (capital) murder and second-degree (noncapital) murder.

Also On This Date

• 1943: 186 prisoners at Plotzensee Prison

On this date in 1887, the Chicago political machine hanged four at Cook County Jail to defend civilization from the eight-hour day.

The Haymarket martyrs, as they would be remembered ere the hysterical atmosphere of their sentencing had passed, were four from a group of eight anarchist agitators rounded up when a never-identified person threw a bomb at Chicago police breaking up a peaceful rally. The bomb killed one cop; the indiscriminate police shooting that followed killed several more in friendly fire, plus an uncertain number of civilians.

The incident occurred just days after nationwide strikes began on May 1, 1886, in support of the eight-hour day. Nowhere were the tensions greater than Chicago, an epicenter of militant organizing. When tens of thousands poured into the streets on May 1, the Chicago Mail darkly said of high-profile radicals Albert Parsons and August Spies,

Mark them for today. Hold them responsible for any trouble that occurs. Make an example of them if trouble does occur.

Sure enough …

Most of the eight hadn’t even been present at the time the bomb was thrown, but the state put anarchism itself on trial under the capacious umbrella of “conspiracy,” in a proceeding so absurdly rigged that a relative of a slain cop was on the jury. Quoth the prosecutor,

Law is upon trial. Anarchy is on trial. These men have been selected, picked out by the grand jury and indicted because they were leaders. They are no more guilty than the thousand who follow them. Gentlemen of the jury; convict these men, make examples of them, hang them and save our institutions, our society.

That was the argument for hanging them. And right-thinking burghers applauded it.

Seven of the eight were condemned to die; two had their sentences commuted, but the other five refused to ask for clemency on the grounds that, innocent, they would “demand either liberty or death.” One of those five, Louis Lingg, painfully cheated the hangman by setting off a blasting cap in his mouth the night before his execution. (Lingg might have made, though seemingly not thrown, the mysterious bomb.)

The others — Parsons and Spies, along with Adolph Fischer and George Engel — hanged together, with their epitaphs upon their lips — literally so for Parsons, whose parting remark is at the base of the Haymarket Martyrs Monument*

“The time will come when our silence will be more powerful than the voices you are throttling today.”

“Throttle” was right, as the Chicago Tribune reported the next day, taking up when the trap was sprung:

Then begins a scene of horror that freezes the blood. The loosely-adjusted nooses remain behind the left ear and do not slip to the back of the neck. Not a single neck is broken, and the horrors of a death by strangulation begin.

Six years later, Illinois Gov. John Altgeld granted the free pardon the hanged men had demanded to the three surviving Haymarket anarchists. There is no institutional mechanism to determine erroneous executions in American jurisprudence — a fact that occasionally leads to smugly circular avowals that nobody recently executed has ever been “proven” innocent — and death penalty researchers Michael Radelet and Hugo Bedau believed as of this 1998 paper (pdf) that Altgeld’s executive statement flatly asserting the injustice of the Haymarket convictions was the most recent official acknowledgment of a wrongful execution in U.S. history. If true, its uniqueness would be understandable: the gesture cost Altgeld his political career.

Long gone as all these principals are, the legacy of Haymarket remains very much with us, and not just as a magnet for digital archives like this, this and this (don’t miss the brass gallows pin).

May 1, now rich with the symbolism of the Haymarket Passion, was soon selected by the international labor movement as the date to resume the eight-hour-day push — thus becoming the global workers’ holiday it remains to this day.

* Opposing interpretations of the Haymarket affair — which can be the “Haymarket riot” or the “Haymarket massacre,” depending on where you line up — were marked by opposing memorials. The police memorial was itself eventually bombed by the Weather Underground, and subsequently squirreled away from easy public view. Paradoxically, the Haymarket Martyrs Monument has been federally dignified as a National Historic Landmark.

Also On This Date

• 1909: Will James, "the Froggie", lynched in Cairo
• 1831: Nat Turner