Tag Archives: 1990s

1998: Cao Haixin, unwelcome meddler

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On this date in 1998, the execution grounds settled a local political rivalry in China.

According to an upsetting 1999 Los Angeles Times feature, Cao Haixin had lately governed a small village that was being swallowed up by the sprawling Zhengzhou metropolis.

The previous village chief, Cao Xinbao, had profiteered gleefully from his run at the top with sweetheart deals on rapidly appreciating real estate for himself and his connections.

Cao Haixin, a reformist farmer, beat Cao Xinbao at the polls in 1995 and set about making unwelcome inquiries into the whereabouts of millions of yuan … at which point a goon squad of the ancien regime led by Cao Xinbao’s own brother actually invaded Cao Haixin’s home looking to intimidate or murder him. No subtlety needed.

Instead, the mayor grabbed a hunting rifle and killed his predecessor’s brother in the affray.

Astonishingly, Cao Haixin was the man arrested for this incident, and sentenced to death in a provincial court seemingly stacked with Cao Xinbao allies. A Zhengzhou municipal judge reportedly told one of the condemned man’s many supporters that local village officials had on a full-court press for execution as the case worked its way through the system.

Eventually — after a few cycles of appeals to the Supreme Court, which in turn fruitlessly referred inquiries back to those very village officials who wanted him dead — Cao Haixin was executed in secret. The next day’s news announcement reported nine executions, but listed only eight names.

The problem, analysts say, is that the national and provincial governments are dependent on local strongmen such as Cao Xinbao to implement the state’s basic rural policies concerning land, grain and taxes. Local cadres’ control of these policies affords them ample opportunities to line their own pockets.

These strongmen often wear the multiple hats of local clan leader, village chief and party boss. They often have a corrosive influence on China’s fledgling village election system, leaving peasants with little recourse to justice.

…

Today, the faith of many of the villagers–faith in the law, in China’s future and in themselves–lies shattered.

Cao Haixin’s widow and 14-year-old daughter struggle to survive. Many of the villagers, lawyers and journalists who fought for more than two years to stop Cao’s execution remain depressed and cowed.

“I feel powerless and frustrated,” said one of Cao’s lawyers. “I ask myself, did I help to deceive the masses by even participating in this sham trial?”

–Los Angeles Times, Oct. 17, 1999

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1996: Ebbisaa Addunyaa, extrajudicially executed

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On this date in 1996, Oromo singer Ebbissaa Addunyaa was slain in his Addis Ababa home.

He “appeared to have been extrajudicially executed on suspicion of supporting the OLF,” according to Amnesty International. “No investigations were known to have taken place into allegations of torture, ”disappearance” or extrajudicial execution.”

“Extrajudicial execution” is a category challenge for these pages; Ebbisaa Addunyaa was not tried for anything, never mind convicted. His “execution” was a close cousin to simple murder … but a murder carried out by state security forces, targeting him specifically, and acting, if not under color of law, at least with legal impunity.

Ebbisaa and his friend Tana Wayessa

were at Ebbisaa’s home … north of the American Embassy in Addis Ababa, when gunmen burst in. Eyewitnesses claim the bodies were dragged from the house and put in a Land Rover with a government license plate. The security men, who carried out the murders, first cleared the street. Residents who looked out of their houses after the gunfire were told to get back indoors. The bodies were recovered [the] next day from the morgue at the Menelik II hospital.

All this took place in the turbulent 1990s wake of the collapsed Derg dictatorship. An initial multiparty post-Derg coalition government had included the Oromo Liberation Front — an organization upholding the rights of Ethiopia’s largest ethnic group — but the OLF soon withdrew from the coalition.

Ebbisaa was an OLF cadre who used his musical gifts for advocacy, and became a target when the outlawed OLF was forced underground.

A United Nations “Special Rapporteur” monitors “Extrajudicial, Summary or Arbitrary Executions” for the Economic and Social Council (ECOSOC).

Many of the Special Rapporteur’s reports dating back to the 1990s are available on the website of NYU’s Project on Extrajudicial Executions, and the 1997 country report (pdf) for Ethiopia reveals that Ebbisaa’s execution/assassination/murder was only one in a pattern.

The Special Rapporteur transmitted the following allegations of violations of the right to life concerning 16 identified persons and 13 unidentified persons: Ahmed Good Abdi, Ahmed Sanay Farah, Ahmed Sangaab and Hassan Ahmed Sagal, reportedly arrested and killed on 8 August 1996 in Toon-Ceeley by members of the Ethiopian armed forces; Ebissa Addunya, a singer and musician, and Tana Wayessa, reportedly shot and killed on 30 August 1996 by members of the Ethiopian security forces in the former’s house in Addis Ababa; 4 unidentified persons reportedly killed on 8 August 1996 in Gabababo; Awal Idire, aged 16, Awal Sani, aged 13, Badiri Shaza, aged 12, and Usen Kalu, aged 12, reportedly killed on 20 July 1996 by members of the Ethiopian armed forces because they had the initials of the Oromo Liberation Front tattooed on their hands; Mohamed Arabi Hirsi, Abdi Mohamed Yare, Gahnug Yusuf Aare, Mohamed Aw Farah Ga’iye, Haye Hirad, alleged to be tribal chiefs and clan elders, reportedly killed on 18 July 1996 by members of the Ethiopian armed forces; Sarecya Seerar Mohamed, her newborn child and eight other unidentified individuals, reportedly killed in mid-August 1996 by members of the Ethiopian armed forces in Qabridaharre (30 September 1996).

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1998: David Wilson

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Just after dawn this date in 1998, David Wilson was hanged for murdering a security guard in St. Kitts and Nevis.

Wilson was only the second person executed by the tiny Caribbean nation since it achieved independence in 1983, and he would be the last hanged there until 2008.

The execution of this run-of-the-mill criminal attracted particular attention as a hempen protest against death penalty skeptics on the bench of the British Privy Council. Especially in the 1990s (and since) the exercise by this high court of the commonwealth of an excessively persnickety supervision of Caribbean death sentences attracted regional backlash against colonial meddling for hampering local response to violent crime. (See also the contemporaneous Trinidad and Tobago case of Dole Chadee.)

Wilson was controversially hanged before he submitted his appeal to the Privy Council.

In a bid to shore up national sovereignty, Caribbean countries were even then hammering out a Caribbean Court of Justice to replace these distant and unaccountable magistrates. However, official adoption of the CCJ has been halting.

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1999: Dole Chadee, crime lord

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On this date in 1999, crime lord Dole Chadee hanged at the prison in Port of Spain, capital of Trinidad and Tobago … to be swiftly followed by two members of his narco-trafficking syndicate, with six more of their number set to die over the succeeding 72 hours.

A big-time mover of cocaine and therefore a big man in the former British colony, Chadee — “Nankissoon Boodram” to his parents — was recognizable for a generation for his slick coiffure, mirrored shades, and greased-palm untouchability.

He greased plenty of people, too.

Maybe it was only consequence of losing the traffic’s underground turf war that made the fatal crimes politically possible to prosecute. Whatever it was, the murder outraged of a small-time cog in his network — and the cog’s sister — and their parents — outraged a public weary of rampant drug violence.

So most of his countrymen were pleased to see Chadee swing, and little wonder: this hombre was bad enough to get the chief witness against him assassinated while behind prison walls.

In fact, Chadee led an active life in the criminal underworld from the shadow of the gallows. Chadee’s own brother was kidnapped for ransom in a gangland tit-for-tat episode while the boss awaited the rope. Dole Chadee refused to have it paid, and the brother was murdered.

And there was family drama on the other side of the legal briefs, too.

The hangings were secured by the aggressive action of Attorney General — and former anti-death penalty lawyer — Ramesh Maharaj. During the very time he was getting the noose around Dole Chadee’s neck, Maharaj’s own brother was on death row in Florida (the sentence has since been reduced to life imprisonment).

There were fears (or hopes!) that the Caribbean island’s breakthrough executions could open the floodgates for “hundreds” held up by legal rigmarole and the picky oversight (pdf) of the British Privy Council. Another hanging followed that of Chadee’s gang a few weeks later. But since then … nothing.

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1997: Bruce Edwin Callins, in the machinery of death

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On this date in 1997, Bruce Edwin Callins was executed in Texas — part of the torrid pace of executions unleashed in Texas in the late 1990s.

This small-timer would hardly rate a notice, but for the fact that Supreme Court Justice Harry Blackmun had chosen this otherwise forgettable murderer’s appeal to announce, in 1994, his belief that the death penalty was irreperably unconstitutional — probably the most famous comment on the death penalty to issue from the bench since capital punishment was reinstated with Blackmun’s concurrence in Gregg v. Georgia.

From this day forward, I no longer shall tinker with the machinery of death.

You’ll see the quote on anti-death penalty placards and apparel from now ’til kingdom come.

But there’s a bit more to it than what fits on a bumper sticker, and Blackmun’s reasoning is worth excerpting at greater length:

Within days, or perhaps hours, the memory of Callins will begin to fade. The wheels of justice will churn again, and somewhere another jury or another judge will have the unenviable task of determining whether some human being is to live or die. We hope, of course, that the defendant whose life is at risk will be represented by competent counsel — someone who is inspired by the awareness that a less-than-vigorous defense truly could have fatal consequences for the defendant. We hope that the attorney will investigate all aspects of the case, follow all evidentiary and procedural rules, and appear before a judge who is still committed to the protection of defendants’ rights — even now, as the prospect of meaningful judicial oversight has diminished. In the same vein, we hope that the prosecution, in urging the penalty of death, will have exercised its discretion wisely, free from bias, prejudice, or political motive, and will be humbled, rather than emboldened, by the awesome authority conferred by the State.

But even if we can feel confident that these actors will fulfill their roles to the best of their human ability, our collective conscience will remain uneasy. Twenty years have passed since this Court declared that the death penalty must be imposed fairly, and with reasonable consistency, or not at all, see Furman v. Georgia, 408 U.S. 238 (1972), and, despite the effort of the States and courts to devise legal formulas and procedural rules to meet this daunting challenge, the death penalty remains fraught with arbitrariness, discrimination, caprice, and mistake. This is not to say that the problems with the death penalty today are identical to those that were present 20 years ago. Rather, the problems that were pursued down one hole with procedural rules and verbal formulas have come to the surface somewhere else, just as virulent and pernicious as they were in their original form. Experience has taught us that the constitutional goal of eliminating arbitrariness and discrimination from the administration of death, see Furman v. Georgia, supra, can never be achieved without compromising an equally essential component of fundamental fairness – individualized sentencing. See Lockett v. Ohio, 438 U.S. 586 (1978).

It is tempting, when faced with conflicting constitutional commands, to sacrifice one for the other or to assume that an acceptable balance between them already has been struck. In the context of the death penalty, however, such jurisprudential maneuvers are wholly inappropriate. The death penalty must be imposed “fairly, and with reasonable consistency, or not at all.” Eddings v. Oklahoma, 455 U.S. 104, 112 (1982).

To be fair, a capital sentencing scheme must treat each person convicted of a capital offense with that “degree of respect due the uniqueness of the individual.” Lockett v. Ohio, 438 U.S. at 605 (plurality opinion). That means affording the sentencer the power and discretion to grant mercy in a particular case, and providing avenues for the consideration of any and all relevant mitigating evidence that would justify a sentence less than death. Reasonable consistency, on the other hand, requires that the death penalty be inflicted evenhandedly, in accordance with reason and objective standards, rather than by whim, caprice, or prejudice. Finally, because human error is inevitable, and because our criminal justice system is less than perfect, searching appellate review of death sentences and their underlying convictions is a prerequisite to a constitutional death penalty scheme.

On their face, these goals of individual fairness, reasonable consistency, and absence of error appear to be attainable: courts are in the very business of erecting procedural devices from which fair, equitable, and reliable outcomes are presumed to flow. Yet, in the death penalty area, this Court, in my view, has engaged in a futile effort to balance these constitutional demands, and now is retreating not only from the Furman promise of consistency and rationality, but from the requirement of individualized sentencing as well. Having virtually conceded that both fairness and rationality cannot be achieved in the administration of the death penalty, see McCleskey v. Kemp, 481 U.S. 279, 313 , n. 37 (1987), the Court has chosen to deregulate the entire enterprise, replacing, it would seem, substantive constitutional requirements with mere aesthetics, and abdicating its statutorily and constitutionally imposed duty to provide meaningful judicial oversight to the administration of death by the States.

From this day forward, I no longer shall tinker with the machinery of death. For more than 20 years, I have endeavored — indeed, I have struggled — along with a majority of this Court, to develop procedural and substantive rules that would lend more than the mere appearance of fairness to the death penalty endeavor. Rather than continue to coddle the Court’s delusion that the desired level of fairness has been achieved and the need for regulation eviscerated, I feel morally and intellectually obligated simply to concede that the death penalty experiment has failed. It is virtually self-evident to me now that no combination of procedural rules or substantive regulations ever can save the death penalty from its inherent constitutional deficiencies. The basic question — does the system accurately and consistently determine which defendants “deserve” to die? — cannot be answered in the affirmative.

Antonin Scalia, never one to let pass an opinion he could just as easily scorn, issued his retort in a concurrence with the 8-1 opinion to execute Callins:

Convictions in opposition to the death penalty are often passionate and deeply held. That would be no excuse for reading them into a Constitution that does not contain them, even if they represented the convictions of a majority of Americans. Much less is there any excuse for using that course to thrust a minority’s views upon the people.

Justice Blackmun begins his statement by describing with poignancy the death of a convicted murderer by lethal injection. He chooses, as the case in which to make that statement, one of the less brutal of the murders that regularly come before us, the murder of a man ripped by a bullet suddenly and unexpectedly, with no opportunity to prepare himself and his affairs, and left to bleed to death on the floor of a tavern.* The death-by-injection which Justice Blackmun describes looks pretty desirable next to that. It looks even better next to some of the other cases currently before us, which Justice Blackmun did not select as the vehicle for his announcement that the death penalty is always unconstitutional, for example, the case of the 11-year-old girl raped by four men and then killed by stuffing her panties down her throat. How enviable a quiet death by lethal injection compared with that!

Scalia’s mention of the “case of the 11-year-old girl” isn’t about Callins at all. The monster Scalia refers to here as obviously execution-worthy for his incendiary crime is Henry Lee McCollum … who in 2014 would be exonerated by DNA evidence after some 30 years on death row.

* Specifically, Callins wasted the patron of a strip bar who was insufficiently prompt at giving up his wallet. The $3 he took from the dying man’s pockets wouldn’t even have been enough to make it rain.

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1990: Dalton Prejean, cop-killing child

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Just after midnight this date in 1990, Dalton Prejean was electrocuted in Louisiana for murdering state trooper Donald Cleveland.

A 17-year-old (at the time of the crime) black youth who tested just this side of mentally disabled, Prejean shot Cleveland during a traffic stop. (He was, at the time, just seven months out of a reform school stint he had served for murdering a taxi driver at the tender age of 14.)

It was a three-day trial with an all-white jury, and not much question as to Prejean’s culpability.

But as he neared the execution of that sentence, his youth and his limited candlepower loomed ever larger. They would generate worldwide attention with some heated rhetoric like this one from Amnesty International’s southern regional director:

“I doubt that in documented recent world history there is an execution” with “such a pile of reasons not to do it.”

The Louisiana board of pardons agreed — it recommended commutation — but Gov. Buddy Roemer did not.

Dalton Prejean’s was the first execution of a juvenile offender in the United States since the Supreme Court upheld the constitutionality of that practice in the 1989 decision Stanford v. Kentucky. That decision was reversed in 2005, and minors are no longer eligible for death-sentencing in the U.S.

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1995: Girvies Davis, framed?

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On this date in 1995, Illinois executed Girvies Davis for murdering 89-year-old Charles Biebel in Belleville, Ill.

A small-time African-American hood reared in an alcoholic home, Davis was not linked to the murder by any physical evidence, or even any eyewitnesses. There was only one piece of evidence against him: his signed confession.

Unfortunately, the source lacked all credibility.

Davis copped to some 20 crimes under police interrogation. Officially, he did this when he voluntarily wrote out a list of evildoings and spontaneously passed it to a guard, which would be hard to believe even if the guy weren’t nearly illiterate. (Even the official story later became that Davis must have dictated the confession to someone else, like a cellmate.)

According to Davis’s later account, he signed statements the police had prepared for him … at gunpoint. The police logs say that he was taken out for a drive that night (“for evidence”), and conveniently confessed in the small hours of the morning.

Even though our man’s involvement in most of these “admitted” crimes (anything outstanding in the area that was still unsolved, it seems) was disproven, he couldn’t get traction in the courts once his conviction by an all-white jury was secured. Paradoxically, because there was no other evidence in the case to discredit, that “a-ha!” exoneration moment became all but impossible to secure despite the other holes in the case.

More action was had in the court of public opinion, where the usual suspects enlisted any number of pro-death penalty prosecutors and Republicans with serious misgivings about the case.

Time magazine lodged a naive early entrant in the “wait, wrongful confessions happen?” genre. The New York Times also covered the Davis clemency campaign:*

“The public sees the Bundys and the Gacys executed and they cheer,” said Gary V. Johnson, a former Kane County, Ill., prosecutor, who sought the death penalty in the past but opposes the execution of Mr. Davis. “The public doesn’t see the Girvies Davises.”

What savvy pols like Illinois Gov. Jim Edgar could see was that in the 1990s, all the political upside was in denying clemencies. So that’s what he did.

Years later, Davis’s last appellate attorney still believes “that the State of Illinois executed Girvies Davis for a crime I am sure he didn’t commit.”

Northwestern University journalism professor David Protess was also convinced of Girvies Davis’s innocence, and led a team of students researching the case back before he was famous for doing exactly that sort of thing. His work did not yield success on this occasion, but to judge by his account (pdf) of a last conversation he and his students had hours before Davis was put to death, it helped lead to the school’s later headline-grabbing wrongful conviction exposes.

Protess put [Davis] on the speakerphone, and the group gathered around. “Try not to mourn for me,” Davis said. “Move on with your lives. Just try to help people like me who get caught up in the system.” …

Davis had a final request: He wanted Protess and the students to promise that this wouldn’t be their last crusade in a capital case.

The room fell silent. “Of all the guys you know on the Row, who do you think most deserves help?” Protess asked.

“Buck Williams,” Davis answered without hesitation. “I’m certain he’s innocent.”

Protess … vowed that he and his next group of students would leave no stone unturned for Williams.

Protess was as good as his word.

In less than a year, Williams along with Verneal Jimerson, Willie Rainge and Kenneth Adams were free men after a generation in prison.** These men, known as the “Ford Heights Four”, would win the largest civil rights lawsuit payment in U.S. history for their wrongful imprisonment.

* Davis may also have been the first death-row prisoner in the U.S. with his own Internet site and online clemency petition, although these interesting artifcats have long since vanished into the digital oubliette. Gov. Edgar reportedly received 1,200 emails asking him to spare his prisoner’s life … testament even then to elected officials’ disregard for online advocacy.

** Williams and Jimerson were on death row; Rainge and Adams were serving life sentences.

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1990: Farzad Bazoft, journalist

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On this date in 1990, Iranian-born British journalist Farzad Bazoft was hanged at Baghdad’s Abu Ghraib prison as an Israeli spy.

The 31-year-old Observer freelancer was in Iraq to cover post-war reconstruction when he caught wind of an explosion at a military factory and set off to investigate.

This sniffing about Iraq’s weapons programs was not the sort of journalism Iraqi dictator (and future fellow gallows-bird) Saddam Hussein had in mind when his government invited Bazoft.

Bazoft was nabbed (along with the British nurse who had accompanied him, Daphne Parish) with photographs and soil samples from the sensitive compound.

Held incommunicado for six weeks, Bazoft was trundled onto state TV on November 1, 1989 to confess to spying for Israel (video of that confession is available from this BBC story).

Bazoft’s companion, Daphne Parish, was released after a few months in prison. She wrote this out-of-print book about her experiences. (Review)

He was convicted of espionage in a one-day, in camera trial on March 10 and hanged five days later.

Many years and wars later, Bazoft’s Iraqi interrogator would tell Bazoft’s former Observer colleagues that the man “was obviously innocent,” but that his fate had been decided at the highest levels.*

A few months after Bazoft’s hanging, when Saddam Hussein invaded Kuwait and thereby transmogrified from a source of moderation in the region into the new Hitler, Bazoft’s execution naturally went onto the bill of attainder against Baghdad.

Like other Iraqi human rights abuses that became much bigger news only after Saddam became an official enemy, however, Bazoft’s fate exercised some of his defenders more in retrospect than it did in the moment.

Indeed, some British MPs openly endorsed the execution and some Fleet Street contrarians bucked the worldwide humanitarian appeal by publishing embarrassing information about Bazoft (he’d been to jail in Britain) leaked by British intelligence.

(Margaret Thatcher made the seemly applications for clemency, and the incident certainly strained the countries’ relationship. But the Tory government would later be embarrassed by revelations that, before and even after Bazoft’s hanging, it was pushing for closer trade relations and helping British firms skirt the law to ship Baghdad the weapons it would use against British troops in the coming Gulf War.)

* Bazoft is still honored by his former employer and his former colleagues, as well he might be. But the Observer‘s claim that it “proved” Bazoft’s innocence has to be taken with a grain of salt: apart from the de rigueur smoke-and-mirrors, plausible-deniability skein of the espionage game, the interrogator’s exculpatory statement was made by an obviously self-interested party to representatives of a power then occupying Iraq.

Although it’s a minority position subject to hot dispute, some people do believe that Bazoft was indeed a Mossad agent. Gordon Thomas, in Gideon’s Spies: The Secret History of the Mossad makes exactly that case.

Videotaped confession aside, Bazoft reputedly denied the espionage charge at the gallows.

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1994: Andrei Chikatilo, the Butcher of Rostov

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On this date in 1994, Ukrainian serial killer Andrei Romanovich Chikatilo was shot dead in a soundproof room in Novocherkassk, Russia, for a stupendous serial murder spree in the 1980s USSR.

The quintessential case study in anonymous middle-aged melancholy turned larger-than-life horror, the sexually dysfunctional Chikatilo raped, murdered and mutilated dozens in a homicidal career beginning at the unusually late age of 42.

After that initial foray into rape-murder in 1978, three years passed before the factory clerk (molestation allegations had drummed him out of teaching in the interval) began his harvest of 50-plus victims: children and teenagers of both sexes, and young adult women.

In addition to the staggering body count, the murders of the “Rostov Ripper” were marked by orgiastic savagery: breasts severed, eyes gouged out, genitalia mutilated and even eaten, and bodies lacerated with scores of stab wounds.

Like many monsters, he was also, as much as his more well-adjusted fellows, a creature of his own time and place.

Chikatilo was a socially maladjusted child in part due to his father’s capture by the Germans during World War II, subjecting the family to the postwar ostracism that awaited returning POWs. (Some sources also say Chikatilo saw his mother raped by German soldiers.)

The part of his life for which he’s most famous, meanwhile, drew out into a years-long bloodbath even though he was a suspect from the very first murder — a crime for which another man was wrongfully executed. Sclerotic bureaucracy and investigative cock-ups hobbled the police effort throughout, a sort of criminological emblem of the Soviet Union’s twilight. Authorities were loathe to involve the public by admitting the presence of a serial killer, a type officially associated with bourgeois society.

Chikatilo was arrested once in 1984 carrying a Bundy-esque murder kit, but authorities couldn’t make anything stick (Chikatilo’s Communist Party membership helped); another officer stopped him leaving the forest where bodies turned up, but didn’t search the satchel which contained his most recent victim’s severed breasts. Chikatilo was investigated early on, but ruled out as a suspect because of a blood type mismatch between his blood and crime-scene semen — apparently the result of a rare biological anomaly that (combined with authorities’ outsized confidence in forensic detection) bought him years of killing and involved thousands more suspects before investigators finally circled back to Andrei Romanovich.

Even at his last arrest, investigators who knew they had their man nearly let him slip away because they couldn’t charge him within 10 days — finally cajoling a confession and the killer’s cooperation at nearly the last possible hour.

According to Cannibal Killers, the Chikatilo task force solved 1,062 unrelated crimes, including 95 murders, while puzzling out the Rostov Ripper.

There’s much more about Chikatilo’s career at trutv.com; the 1995 film about the Chikatilo murders, Citizen X, indulges some dramatic license, but it’s pretty watchable for a TV movie.

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1996: William Flamer, Alito’d

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On this date in 1996, William Flamer was executed for murder in Delaware.

He’s a forgettable criminal who, with an accomplice executed 19 months before, robbed and stabbed to death Flamer’s elderly aunt and uncle.

He has his small footnote in modern American death penalty jurisprudence in a case decided by then-circuit court judge Samuel Alito, which was — er — exhumed when President George W. Bush elevated Alito to the Supreme Court.

The matter was, to all but the initiated, a fairly picayune legal issue: if the jury that imposed his sentence used an aggravating factor subsequently found to be unconstitutional, could the sentence stand with the multiple other, constitutional aggravating factors it also used?

Little compelling as the issue might sound to all but the already converted, this sort of salami-slicing goes on justices’ daily bread to make up the great hero sandwich of jurisprudence. Mmm-mmm.

Anyway, the State of the Union head-shaker held — as Flamer’s presence in this blog would suggest — against the appellant.

Pdf examinations of Flamer v. Delaware (and other Alito death penalty legal opinions) prepared around the justice’s confirmation hearing are available from the Congressional Research Service and from the Criminal Justice Legal Foundation, the latter a pro-death penalty source.

(This decision also affected fellow Delaware death row inmate Billy Bailey, whom we have just met as the last man hanged in that state. Flamer could have had that distinction for himself; he chose lethal injection instead, and died four days after Bailey hanged.)

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