1981: Nasiru Bello, a little overeagerly

It’s certainly understandable that dilatory appeals leaving it nigh-impossible to actually carry out a meritorious death sentence provoke aggravation.

But as always, one is left in the real sphere of human endeavor to choose among alternatives that each sport their own drawbacks — and where “drawbacks” are no mere debating points but actual lives on the line. After all, even a years-long appellate process that actually results in an execution can go and execute the wrong guy, to say nothing of systems that promise more immediate enforcement.

In a similar vein is the maxim that however adroit the hangman, etiquette forbids him entering the scene before the legally constituted appellate process — of whatever length it may be — has actually run its course. At least that much patience is not merely a virtue but absolutely de rigueur.

On this date thirty-two years ago, Nigeria committed a serious breach of that decorum.

Nasiru Bello, on death row for armed robbery — a crime the recently installed civilian government appeared to be easing off treating as a hanging offense* — was abruptly put to death by Oyo State before a filed and pending appeal could actually be heard by the court.

That’s what you’d call an irreversible error.

Five years later, Bello’s kin won a unanimous Supreme Court judgment against Oyo State for the wrongful execution, which stirringly declared that

“the premature execution of the deceased by the Oyo State Government, while the deceased’s appeal against his conviction was still pending, was not only unconstitutional, but also illegal and unlawful.** By it, the deceased has lost both his right to life and his right to prosecute his appeal.”

And then that same court reduced the plaintiffs’ claimed damages of 100,000 naira to 7,400: about US $1,900 by the local currency’s black market exchange rate. Bello, of course, stayed dead.

* See the 1980 entries in this pdf of Amnesty International reports on Nigeria.

** Unconstitutional, unlawful and illegal here being used in particular, juridically distinct senses. Despite the finding, nobody involved faced criminal sanctions for reasons boiling down to sovereign immunity.

On this day..

1981: Steven T. Judy, Hoosier rapist

(Thanks to Robert Elder of Last Words of the Executed — the blog, and the book — for the guest post on the anniversary of what was then the first execution in Indiana for nearly 20 years. Fans of this here site are highly likely to enjoy following Elder’s own pithy, almanac-style collection of last words on the scaffold. -ed.)

“I don’t hold no grudges. I’m sorry it happened. I know what I’m doing.”

— Steven T. Judy, convicted of rape and murder, electric chair, Indiana.
Executed March 9, 1981

A serial rapist, Judy openly courted capital punishment. At his trial for killing a woman and her three children (ages five, four, and two), Judy told a jury to condemn him or else he might kill them, their children, and the judge. He showed no remorse for the murders, telling reporters, “I don’t lose sleep over it.” Judy asked for death. “I’ve lived my hell,” he said. “So [what waits for me] has to be better.”

On this day..

1985: Vladimir Vetrov, Farewell

This date in 1985 spelled farewell for the KGB agent Vladimir Vetrov … code-named Farewell by the western handlers to whom he passed Soviet secrets.

Vladimir Vetrov was a career officer in Soviet intelligence who grew disgruntled* and in 1980 went to work for the West.

And he was no ordinary spy. Think Aldrich Ames, to the power of ten.

Vladimir Vetrov oversaw the entire KGB directorate charged with a critical program: Line X, which surveilled western R&D and passed its fruits back to Mother Russia. In the 1960s and 1970s, Line X stole jaw-dropping volumes of military, computer, and industrial advances.

And by 1980, all that information passed through Vetrov’s hands for distribution within the USSR. His betrayal blew the entire thing to smithereens.

When he turned, Vetrov gave 3,000 pages of top-secret documents to his French handlers, information which also made its way to the CIA. “The Soviet military and civil sectors were in large measure running their research on that of the West, particularly the United States,” recalls the gobsmacked American defense advisor who reviewed the file. “Our science was supporting their national defense.”

Book CoverSergei Kostin calls his book about the man Farewell: The Greatest Spy Story of the Twentieth Century, and Vetrov has surely got a claim on that title. (It’s either Vetrov or Sorge when it comes to the annals of Soviet espionage.)

The Farewell dossier exposed the entirety of the Soviet technology-stealing infrastructure, with a couple of enormous consequences.

One, it influenced Cold War strategy in the West, supporting the Reagan administration’s view that the Soviet economy (absent its stolen technological advances) could be pushed into collapse.

And two, it facilitated Langley’s most spectacular counterespionage coup, brainchild of Gus Weiss. Rather than smashing up the Line X network, the CIA turned the enormous (and in Moscow, trusted) apparatus against its creators.

By feeding Soviet agents promising but subtly flawed technology, the Americans infiltrated sabotage points into the USSR — a Trojan Horse for the information age. In 1982, software running the Soviet Trans-Siberian Pipeline allegedly escalated gas pressure fatally on the Urengoy-Surgut-Chelyabinsk pipeline, triggering an explosion so large (three kilotons) that some foreign monitoring stations initially suspected a nuclear detonation. Weiss just told them not to worry.

Meanwhile, goes the story (and one must discount appropriately here for triumphalist spin), other crapware started failing elsewhere in the Soviet Union. “Pseudo-software disrupted factory output. Flawed but convincing ideas on stealth, attack aircraft and space defense made their way into Soviet ministries.” Suddenly, the Russians couldn’t know which Line X acquisitions were dependable and which were time bombs.


From Farewell, a 2009 film.

Vetrov’s candle burned bright, but brief: he stabbed his mistress (non-fatally) during a drunken argument in 1982, then stabbed to death the man who knocked on his window to intervene. Vetrov got a trip to Siberia, but while serving his time, he casually revealed that he’d authored maybe the most spectacular inside betrayal of Russian intelligence in the 20th century. He was duly recalled for a new trial and, eventually, a bullet in the head in Moscow’s Lefortovo Prison. Even in the post-communist state, he’s still considered a villain in his homeland.

More about Vladimir Vetrov and the Farewell dossier in this BBC Witness podcast.

[audio:http://downloads.bbc.co.uk/podcasts/worldservice/witness/witness_20120726-0900a.mp3]

* Vetrov didn’t betray the Kremlin for money. Sergei Kostin believes it was professional frustration — the revenge of the underappreciated nebbish whose merits couldn’t break through the nepotism ceiling at the clubby KGB. However — though the explanations are not necessarily inconsistent — Vetrov also wrote a pre-execution “Confession of a Traitor” savaging the Soviet system: “My only regret is that I was not able to cause more damage to the Soviet Union and render more service to France.”

On this day..

1987: Seven Suriname Maroons

This New Year’s Eve, we pay a visit to a notorious atrocity* 25 years ago today during Suriname’s Guerrilla War (Binnenlandse Oorlog).

The full judgment of the Inter-American Court of Human Rights on this matter is available in pdf form here. (There’s more analysis of the reparations awarded by the court in the August 1995 Human Rights Quarterly.)

Inter-American Court of Human Rights
Case of Aloeboetoe et al. v. Suriname
Judgment of September 10, 1993

1. The instant case was brought to the Inter-American Court of Human Rights (hereinafter “the Court”) by the Commission on August 27, 1990 … the Commission asserted that “the Government of Suriname violated Articles 1, 2, 4(1), 5(1), 5(2), 7(1), 7(2), 7(3), 25(1) and 25(2) of the American Convention on Human Rights” …

2. … The events that gave rise to the petition apparently occurred on December 31, 1987, in Atjoni (village of Pokigron, District of Sipaliwini) and in Tjongalangapassi, District of Brokopondo. In Atjoni, more than 20 male, unarmed Bushnegroes (Maroons) had been attacked, abused and beaten with riflebutts by a group of soldiers. A number of them had been wounded with bayonets and knives and were detained on suspicion of belonging to the Jungle Commando, a subversive group. Some 50 persons witnessed these occurrences.

3. According to the petition, the Maroons all denied that they were members of the Jungle Commando. The Captain of the village of Gujaba made a point of informing the commander in charge of the soldiers that the persons in question were civilians from various different villages. The commander disregarded this information.

4. The petition asserts that the soldiers allowed some of the Maroons to continue on their way, but that seven of them, including a 15-year old boy, were dragged, blindfolded, into a military vehicle and taken through Tjongalangapassi in the direction of Paramaribo. The names of the persons taken by the soldiers, their place and date of birth, insofar as is known, are as follows: Daison Aloeboetoe, of Gujaba, born June 7, 1960; Dedemanu Aloeboetoe, of Gujaba; Mikuwendje Aloeboetoe, of Gujaba, born February 4, 1973; John Amoida, of Asindonhopo (resident of Gujaba); Richenel Voola, alias Aside or Ameikanbuka, of Grantatai (found alive); Martin Indisie Banai, of Gujaba, born June 3, 1955; and, Beri Tiopo, of Gujaba (cf. infra, paras. 65 and 66).

5. The petition goes on to state that the vehicle stopped when it came to Kilometer 30. The soldiers ordered the victims to get out or forcibly dragged them out of the vehicle. They were given a spade and ordered to start digging. Aside [Richenel Voola] was injured while trying to escape, but was not followed. The other six Maroons were killed.

6. The petition states that on Saturday, January 2, 1988, a number of men from Gujaba and Grantatai set out for Paramaribo to seek information on the seven victims from the authorities. They called on the Coordinator of the Interior at Volksmobilisatie and on the Military Police at Fort Zeeland, where they tried to see the Head of S-2. Without obtaining any information regarding the whereabouts of the victims, they returned to Tjongalangapassi on Monday, January 4. At Kilometer 30 they came across Aside, who was seriously wounded and in critical condition, and the bodies of the other victims. Aside, who had a bullet in his right thigh, pointed out that he was the sole survivor of the massacre, the victims of which had already been partially devoured by vultures. Aside’s wound was infested with maggots and his right shoulder blade bore an X-shaped cut. The group returned to Paramaribo with the information. After 24 hours of negotiations with the authorities, the representative of the International Red Cross obtained permission to evacuate Mr. Aside. He was admitted to the Academic Hospital of Paramaribo on January 6, 1988, but died despite the care provided. The Military Police prevented his relatives from visiting him in the hospital. It was not until January 6, that the next of kin of the other victims were granted permission to bury them.

* But scarcely the only atrocity among Maroons during those years.

On this day..

1989: Carlos DeLuna, “I didn’t do it. But I know who did.”

On this date in 1989, with the last words “I want to say I hold no grudges,” Carlos DeLuna died by lethal injection in Texas

At the time, not many people took seriously DeLuna’s claim that a different Hispanic man named Carlos — one Carlos Hernandez — was the man who actually slashed Wanda Lopez to death in a Corpus Christi gas station on February 4, 1983.

“I didn’t do it. But I know who did.” That’s what he’d told a police officer soon after his arrest.

A generation later, it’s increasingly clear that Carlos DeLuna really didn’t do it … and that he knew who did it, knew he was going to the gurney for the crime of a man whom the state claimed was just a “phantom” invented by the defendant. Just a few months before DeLuna went to his death, that “phantom”, still on the streets, had knifed a four-inch gash in another woman’s abdomen. Carlos Hernandez had even bragged to others that his “stupid tocayo” — namesake — “took the blame for” a murder he’d committed. (Hernandez died in 1999.)

Carlos DeLuna might be the most convincingCameron Todd Willingham notwithstanding — instance of wrongful execution in America’s modern death penalty era.

DeLuna was arrested suspiciously hiding under a truck near the scene of a grisly knife slaying at a gas station. A Hispanic man had been reported as the suspect, and the eyewitness was able to identify DeLuna as that man, just moments after his arrest. Case closed.

Except everyone was wrong.

He was hiding because he’d been violating his parole by drinking at a strip club across the street. He chanced to look just like another Hispanic man from the area, a fellow who just happened to be a violent thug. And he didn’t have a spot of blood on him even though the murder scene looked like the set of a slasher film.

“It was an obscure case, the kind that could involve anybody,” Columbia Law Prof. James Liebman said. “Maybe those are the cases where miscarriages of justice happen, the routine everyday cases where nobody thinks enough about the victim, let alone the defendant.”

The facts of the case have been extensively documented elsewhere, including a 2006 Chicago Tribune series* and an entire 2012 issue of the Columbia University Human Rights Law Review, culmination of a years-long project organized by Liebman.

The latter investigation, complete with original source documents, video, and photographs, is preserved for public use at the magnificent Los Tocayos Carlos site. Its intensively-sourced book-length treatment comes highly recommended, but you might need to clear your schedule.

Executed Today is pleased to welcome one of the coauthors of Los Tocayos Carlos, Andrew Markquart — a 2012 graduate of Columbia Law who collaborated with Prof. Liebman on the DeLuna investigation and now practices in New York.

ET: How did you come to focus on this case, and what went into the investigation?

AM: I got involved after my first year at law school. I started out as a research assistant for Prof. Liebman, and he had been working on this project for years in one form or another when I got involved. I had already had quite a bit of interest in death penalty issues, so I jumped on it.

The initial investigation that Prof. Liebman did was back in 2004. He had done a previous study called “A Broken System” in which they found a shockingly high rate of reversals in capital cases. And basically the question that came out of that for him was, what does that mean?

Does that mean that the courts are doing their jobs and there are a lot of reversals because they’re being very diligent?

Or, is that high number indicative of some big systemic problems?

He started out looking at cases in Texas, for obvious reasons, and particularly focused on cases involving single eyewitnesses. This one came out fairly early on, but there wasn’t much about it initially to suggest this was a strong case. But Prof. Liebman was having someone going down to Corpus Christi anyway and had him check it out, and within one day this investigator was able to track down a lead and figure out exactly who this Carlos Hernandez person was who DeLuna claimed was the actual killer. From there the floodgates opened.

This case reads like something out of Dumas … your doppelganger, who looks just like you and also shares your name, commits a crime and you take the rap. Speaking as a layperson, it’s astonishing that Carlos DeLuna explicitly made the very argument you’re making, that this guy Carlos Hernandez was the real killer. But it wasn’t so much that DeLuna’s allegation was considered and rejected as that it was never taken seriously at all, even by his own defense. Why was that?

It’s a good question and it’s one of the major points we tried to make.

At first DeLuna was a little hesitant, with good reason: Hernandez was well-known in Corpus Christi; he was a terror in the town and had been known to use violence against people who threatened to expose him. Eventually the threat of execution overcame that.

His defense team did very little to research what could or would have been his saving argument, and on the flip side the prosecution said Carlos Hernandez didn’t even exist, which is just a mind-blowing claim. This guy had a rap sheet a mile long. He had been a major suspect in 1979 in another murder case involving one of the prosecutors in the DeLuna case.

The defense lawyer in that case did what DeLuna’s lawyer should have done: he called Carlos Hernandez to the stand and basically prosecuted Carlos Hernandez as his defense. He got his client off, and we’re pretty confident from our research that Hernandez was actually guilty of that murder, too.

Hernandez was definitely no “phantom”: he was known to law enforcement, known in the neighborhood. Can you explain why the prosecuting attorneys would make such a claim?

It’s hard to explain. I suspect they probably thought they had the right guy, they probably thought he was making up a bogus story … and they cut a few corners. But that’s speculation.

Your report writes, “Central to DeLuna’s obscurity was the failure of lawyers on the defense as well as the prosecution side to have the curiosity and gumption to look just an inch or two below the surface.” It seems like there just wasn’t much of any work done by any actor to pursue evidence that could defend DeLuna.

Carlos DeLuna’s defense lawyer had trouble getting any kind of funding to do investigation. And this was his first criminal case of any kind, let alone capital case.

The police only investigated for a couple of hours before turning it over to the store manager to clean up to open the next morning. It was a simple case of tunnel vision: they had arrested Carlos DeLuna, they got a quick eyewitness ID, and they thought they were done.

There’s all kinds of evidence at the scene. In the police photos, which are available at our website, there’s a footprint in blood that has to be the culprit’s shoeprint, and they never even saw it. It was that sloppy. You can also see the detective, Olivia Escobedo, literally standing on evidence — a nice metaphor for the investigation.

DeLuna’s lead prosecutor has recently reiterated his confidence in the verdict in the face of your investigation, and said that DeLuna lied about his activities that night. Did he?

Yes, he did. For reasons I can’t make sense of, he either was just severely misremembering, or just made up, some story about hanging out with these girls earlier in the evening that was completely untrue. But the thing about it is that the story as he gave it didn’t even help his case. It didn’t give him an alibi. But it hurt his case, because then they could bring in these girls to testify and destroy his credibility.

It’s hard to figure out what was in his head to say that. DeLuna wasn’t the most intelligent person; his IQ tested just barely above the threshold for cognitive impairment.

The original trial was in 1983, and Carlos was executed in 1989. How representative are the circumstances of this case still, relative to new death penalty trials today or to death row prisoners whose appeals are being handled now?

“[DeLuna]’s lying. He won’t admit it. I hope this is the day he gets it. He’ll lie like he’s been lying and now he’ll have to pay for what he did to my daughter.”
-Wanda Lopez’s mother Mary Vargas, quoted in Dec. 7, 1989 Dallas Morning News

“After carefully reviewing the information recently uncovered and printed by Steve Mills and Maurice Possley in the Chicago Tribune, I am convinced that Carlos DeLuna did not kill my sister and that Carlos Hernandez was the real murderer.”
-Wanda Lopez’s brother Richard Vargas, June 2006

You see these kind of cases and issues come up even today. That’s one point we try to make: yes, this case was from 29 years ago, but a lot of things remain the same.

There was no physical evidence, despite all the blood at the scene: it was just based on eyewitnesses.** And you kind of have a casebook bad eyewitness identification. They didn’t use a lineup; it was nighttime; it was a cross-racial identification, which we know are highly error-prone; he [DeLuna] was in the squad car, at the scene, handcuffed, under a highly stressful environment. You have these kinds of show-up identifications happen all the time, all over the country. They’re rife with error.

I know actually someone in the Texas legislature has introduced a bill to reform the eyewitness identification process.

And there’s a lot of good public defenders out there who really work hard and do good work, but also a lot of underexperienced and overburdened public defenders who are just being crushed. There’s always systemic pressure for cops and prosecutors to cut corners. I certainly don’t think the lessons of Carlos DeLuna’s case have been learned.

In your view, what are the most important of those lessons?

The fallibility of our criminal justice system. Carlos DeLuna wasn’t convicted and executed in some third world country — he was given a trial and a lawyer and appeals and all the other protections and yet he still slipped through the cracks.

And the other lesson is the widespread nature of the factors involved, like the unreliable eyewitness ID. People go to prison on that basis every day. It seems highly likely there are more Carlos DeLunas.

The way that we found this story and developed it was enormously labor-intensive. The number of man-hours that went into this, between authors, investigators, research assistants, and the whole staff of the Columbia Human Rights Law Review … you just can’t do this for every case where there’s some kind of colorable suggestion of the possibility of wrongful execution.

I’d be very surprised if there aren’t more like him.

* The Tribune series on DeLuna began on June 25, 2006 … the day before Supreme Court crank Antonin Scalia taunted in Kansas v. Marsh that there was “not one” case of a “clear” wrongful execution. “The innocent’s name would be shouted from the rooftops by the abolition lobby,” Scalia wrote.

** Eyewitness (mis)identification is also at the heart of the Ruben Cantu case, another suspected wrongful execution in Texas.

On this day..

1987: Eshan Nayeck, the last executed in Mauritius

On this date in 1987, Eshan Nayeck was hanged in Port Louis — capital of the Indian Ocean island nation Mauritius, a former Dutch, French, and British colony near Reunion Island.

It was just the second execution (French link) since Mauritius attained its independence in 1968, and it remains to this day the last.*

Nayeck sensationally stabbed to death a man named Abdool Rashid Atchia in Port Louis’s Central Market in 1983.


Scene of the crime: Central Market in Port Louis, circa 2006. (cc) image from erwinkarim.

* Mauritius abolished the death penalty in 1995, but its current Prime Minister Navin Ramgoolam has publicly mooted (pdf) restoring capital punishment “for crimes such as drug trafficking.”

On this day..

1982: Khosrow Khan Qashqai

On this date in 1982, Khosrow Khan Qashqai was publicly hanged in Shiraz.

A member of the pastoral Turkic Qashqai people of southern Iran, Khosrow returned from exile* with the Iranian revolution. These were the revolution’s hopeful first days, when SAVAK was gone and a new world was possible.

Before it went all pear-shaped.

Not long after Khosrow’s constituents sent him to the new Iran’s new Parliament, relations with the emerging theocratic dictatorship soured, sending the Qashqai leader fleeing to the hills one step ahead of the new secret police in 1980.

Khosrow et al held out for two years before succumbing to Iran’s Revolutionary Guards — a grim period throughout Iran, marked by growing suppression of political dissidence and the ruinous war with neighboring Iraq.

Thirty years on, Qashqai still labor under discriminatory cultural restrictions and even property expropriation that the U.N. has charged constitutes a campaign of “ethnic restructuring”.

* The Shah kicked him out for having backed Mossadegh.

On this day..

1987: Moses Jantjies and Wellington Mielies, after the Langa massacre

On this date in 1987, Moses Jantjies and Wellington Mielies — “political prisoners” in the estimation of their supporters — hanged along with five common criminals at Pretoria for the murder of Ben Kinikini and five others.*

The killing of Kinikini occurred in an environment of bitterly escalating hostilities in the eastern cape city of Uitenhage and especially the KwaNobuhle township. Anti-apartheid school boycotts dating back to September 1984 (part of a spreading revolt in the townships at that time) had metastasized into violent confrontations when protesters were denied meeting space by the black KwaNobuhle councillors.

Kinikini was such a councillor, and he and the others had been under popular pressure to resign, and even had their homes stoned, since the last weeks of 1984.

Protesters stoned vehicles. Riot squads roamed the streets. Police shootings became everyday events, and more enraged crowds gathered at the resulting funerals of their victims.**

On March 21, 1985,† police opened fire on one such funeral procession, slaying some 20 people in a single go — the Langa Massacre.


Coffins of the Langa Massacre’s victims. (cc) image from United Nations Photo Library. Also see this, this, this and this.

And then it really hit the fan.

Riots erupted following the Langa massacre, and it was on March 23 that Kinikini was dragged from his house and murdered: black township councillors were liable to be seen as apartheid collaborators. Defense witnesses for Jantjies and Mielies were quite a bit more specific, slating Kinikini with direct links to murderous vigilantes who liked to beat up and rape protesters in the creepy privacy of Kinikini’s apt personal business, a mortuary.

And as one memoir of the period puts it, “the government knew black councillors would not participate in a democratic charade unless their lives and property were protected and avenged. Some two and a half thousand black councillors, policemen and informers, real and rumoured, had been killed in the unrest that had begun in 1984.”

For South African president and white-rule stalwart P.W. Botha, those were far more pressing constituencies than mercy appeals from usual suspects like black activists and the West German government. These were also the first two township-rising convicts to come up for execution, out of some 33 then on death row, so their treatment figured to set the precedent for even higher-profile cases on the horizon like the Sharpeville Six. (In the event, apartheid collapsed before the Six could actually be hanged.)

The message was hardly lost on its internal audience.

“We have come to terms with the fact that the enemy has declared war,” Winnie Mandela told a Johanessburg memorial service for Jantjies and Mielies hanged. “We accept the challenge. The blood of the comrades has not flowed in vain.”

* Ben Kinikini, his four sons and nephews, and one other person were stabbed and burned to death. Some reports term at least Ben Kinikini’s killing a “necklacing” — the brutal method of popular execution that arose in the 1980s in which the “jewelry” was a rubber tire filled with flaming petrol. It sounds from the widow’s secondhand description as if this could indeed characterize it, though the fact that the Truth and Reconcilation Commission called a July 1985 killing the country’s first necklacing might indicate otherwise. News stories suggest that photographs and video exist of, if not the murder, at least the aftermath: perhaps these are dispositive on the point.

** See Thole Majodina, “A Short Background to the Shooting Incident in Langa Township, Uitenhage,” Human Rights Quarterly, August 1986.

† March 21 also happened to be the very anniversary date of one of apartheid South Africa’s most infamous police atrocities, the 1960 Sharpeville Massacre. Thanks to Sharpeville, this first day of spring is the International Day for the Elimination of Racial Discrimination, as well as the date on which South Africa marks Human Rights Day.

On this day..

1987: Dale Selby Pierre, Hi-Fi Murderer

On this date in 1987, Utah executed Dale Selby Pierre for one of the most notorious crimes in that state’s history — the Hi-Fi Murders.

Pierre, along with two fellow airmen from the Hill Air Force Base, William Andrews and Keith Roberts, began an armed robbery of a hi-fi shop in nearby Ogden near closing time on the evening of April 22, 1974.

The night that unfolded would be a visit to an antechamber of hell not only for the two young clerks on duty at the time, but three other people who wandered into the store while the crooks were still in it — each of whom was added to the growing pen of hostages Pierre et al kept in the basement.

After plundering the shop of $25,000 worth of electronics, Pierre and Andrews went to get rid of their prisoners by making them drink liquid Drano.

This method of homicide, theoretically an elegantly quiet one which would facilitate a clean getaway, had been cribbed from a murder scene in the 1973 Dirty Harry movie Magnum Force.

The struggles of Cortney Naisbitt, one of the surviving victims, forms the subject of Victim: The Other Side of Murder — a classic of the true-crime genre and of the victim’s rights movement.

But human flesh is hardier than celluloid.

Unlike the poor prostitute in Magnum Force, Pierre and Andrews’s victims groaned and gurgled, their blistering mouths suppurating so much fluid that duct tape to quiet them down wouldn’t stick. And the Drano didn’t kill them, or at least it was sure taking its time.

“I remember the noise they were making, the sounds of pain they were making,” Pierre told his clemency hearing. “It was something greater than sad.”

Since they hadn’t got rid of their victims quite so cleanly, Pierre simply set about shooting them — and in the case of Michelle Ansley, a 19-year-old in her first (and last) week on the job at the Hi-Fi shop, raping her first. These execution-style murders had only mixed results, and one of the hostages — 43-year-old Orren Walker — being noticeably not dead, had a ball-point pen kicked into his ear in an attempt to finish him off.

Somehow, Walker still survived, as did 16-year-old Cortney Naisbitt, who suffered severe brain damage. (Both have since died.) Stanley Walker, Carol Naisbitt, and Ansley were not so “lucky.” But neither were the perps: since Andrews had openly talked at the Air Force base about boosting that very hi-fi shop and even killing anyone who “gets in the way,” suspicious fellow airmen soon turned them in.

The 21st century’s more polished and calculating strategic communications consultant probably would have advised keeping well clear of such an incendiary crime, but death penalty opponents actually pushed clemency hard in the Hi-Fi case.* For the NAACP, the sentences underscored racial disparity in the death penalty.

Rubbish, one might say, given the killers’ epically villainous conduct. But one member of the all-white jury was apparently passed a note by parties unknown reading “Hang the niggers.” And the NAACP noted that Utah gave death sentences to these guys, but not to a white supremacist who murdered two black men for jogging with white women.

None of this cut any ice with Utah. Years later, the killers themselves had a hard time fitting that monstrous night into any kind of comprehensible rationale. Pierre:

The crime took a course of its own. It wasn’t planned that way. People kept coming in and I just panicked. The only way to prevent what happened was to have been moved away from the Air Force entirely … Of course the alcohol and the pills I was consuming didn’t help — valiums, reds, black beauties and yellow jackets … I tell myself, “You have to accept responsibility for it — you did it, you were there. You can’t rationalize it.”


Dale Pierre pleads his case to the Utah clemency board.

Dale Pierre was the very first person put to death in Utah after its famously groundbreaking execution of Gary Gilmore in 1977. But in fact, the Hi-Fi killers had preceded the eager volunteer Gilmore on Utah’s death row, and Gilmore as he walked his last mile reportedly wisecracked to Pierre and Andrews, “I’ll be seeing you directly.”

Pierre’s accomplice William Andrews was also finally executed in 1992, after a then-unimaginable (and anything but “direct”) 18 years on death row — nearly half his life. Their fellow accomplice Keith Roberts didn’t personally take part in the cellar hecatomb and therefore avoided the death sentence: he was paroled in 1987.

* The clemency push was much stronger for William Andrews than for Dale Pierre, since Andrews was also making the argument that he hadn’t directly killed anyone and hadn’t intended to. As a matter of fact, the manipulative Andrews was and is widely doubted on that point — but any such claim was wholly unavailable to the acknowledged triggerman Pierre.

On this day..

1989: A day in the death penalty around post-Tiananmen China


Yue Minjun, who still lives in China, says Tiananmen was “the catalyst for conceiving” of his Execution but that it is most certainly not about the famous protest and ensuing crackdown.

Although 1989 protests toppled dictatorships in Eastern Europe, this pregnant year’s great rally in China brought a bloody (pdf) crackdown.

The student-led Tiananmen Square protests packed hundreds of thousands into that Beijing plaza — with sympathy protests in other major cities — demanding liberalization.

For seven weeks, they seemed on the brink of making another world.

Then on June 4th came the crackdown.

The masters of China must have been holding their breath that day: would the soldiers follow their orders? Would the rebellion shrink away, or metastasize? You really never know.

By night, the masters of China could exhale.

Judicial reprisals were mere days in commencing … and June 21 appears to mark the first known executions* resulting from that tragic movement. And while most “perpetrators” didn’t die for the affair, it seems from the distance of a generation as if their cause did.

There was likewise, it was noticed in the American press, no comment on this date’s signal executions from the United States president. Washington and Beijing, these regimes west and east, alike weathering the end of the Cold War — they had a future in common.

Despite the harsh crackdown on protest, Chinese leaders and mass media have been almost desperately urging foreign businesses to maintain their ties with the country.

The New China News Agency carried a whole series of reports aimed at promoting international economic ties. These included:

— A report that foreign businesses will in the future be permitted to set up officially recognized chambers of commerce in China.

— An announcement that 10 large international industrial exhibitions will be held this year in Shanghai.

— A report that a Japanese businessman said investors from his country have confidence in China’s economy. “Some businessmen from the United States and the European Community have expressed their desire to continue to invest in China,” the report added.

— A statement by Ma Shizhong, vice governor of Shandong province, stressing that his part of China has “a favorable environment for import of foreign capital and introduction of up-to-date overseas technology.”


Only eleven days after the June 4th massacre that cleared Beijing’s Tiananmen Square, the first trial of pro-democracy protesters saw three workers condemned to death in Shanghai.

According to this pdf on the aftermath of Tiananmen, Xu Guoming, a brewery worker, Bian Hanwu, unemployed, and Yan Xuerong, a factory worker, were all convicted of “setting fire to a train and indiscriminate destruction of transport and transport equipment in a serious riot at the Guangxin Road Rail Crossing of Huning Railroad on June 6.”

According to Nick Kristof, that “riot” had been a sit-in on a rail line to protest the June 4 military incursion — until a train actually rammed the demonstrators, who retaliated by torching the machine. Some firefighters were beaten in the disturbance, but nobody was killed.

For their part in this — whatever part that was — Xu, Bian and Yan were deprived of their political rights, and expeditiously shot on June 21. Eight other people got prison sentences shortly thereafter for the same “riot”, having pleaded guilty (all but one of them) to “smashing railway cars, setting fire to nine railway cars and six public security motorcycles, turning over police boxes, beating up firemen to impede them from putting the fire out and fabricating rumors to mislead the people.”


Lin Zhaorong, Zhang Wenkui, Chen Jian, Zu Jianjun, Wang Hanwu, Luo Hongjun, and Ban Huijie, meanwhile, were sentenced for “vandalism and arson in a counter-revolutionary riot” on June 17, 1989, by the Beijing Intermediate People’s Court — stuff like burning a military vehicle, looting supplies from it, and beating up (although again, not killing) a soldier.

(This pdf gives the execution date as June 22; most other sources list June 21.)

An eighth member of their same party, Wang Lianxi, received a suspended death sentence instead. She was spared.


“An undetermined number of anti-government demonstrators,” according to a UPI report, were among 17 prisoners publicly convicted and immediately shot in Jinan on a generic charge of endangering public order on June 21. (UPI is explicit as to the date, but some reports say June 20.)

State radio reported that 10,000 people attended the trial, which meted out 45 sentences in all on a variety of charges and is said to have mixed political prisoners with common criminals.


We note in passing a gentleman who has never qualified for an entry in this blog, and we hope never will.

The identity and fate of the figure at the center of those protests’ most indelible images, the so-called “Tank Man”, remain an enduring mystery.

There exist widespread rumors and ill-substantiated press reports of his execution. But who Tank Man was and what really became of him remains utterly unknown.

* Amnesty International’s appeal for the three workers — and this is the Spanish version; if the English is available, I have not found it — very plausibly alleges that secret, summary executions were already underway before this date’s grim milestone.

On this day..