On this date in 2003, 23-year-old Malaysian Vignes Mourthi was hanged in Singapore’s Changi Prison as a drug courier, along with his supposed collaborator Moorthy Angappan.
Mourthi vigorously maintained his innocence, and his family has done likewise in the years since, helping turn the young factory worker into a wrongful-execution poster child.
It was a Sgt. Rajkumar who arrested Mourthi by posing as a buyer of his cargo. Rajkumar would later present an undated, unsigned “confession” purporting to show that Mourthi was completely aware that it was heroin he was moving. At first read one might might indeed doubt Mourthi’s insistence that he thought he was carrying “incense stones” … but his compatriot Angappan was indeed an incense dealer and a family friend known to Mourthi as such.
British journalist Alan Shadrake‘s 2010 indictment of Singaporean justice Once a Jolly Hangman (banned in its titular city-state) calls Mourthi’s hanging “arguably one of the most appalling miscarriages of justice in Singapore’s history”.
Rajkumar’s testimony about Mourthi’s confession was instrumental in hanging the young man, but just a couple of days after he arrested Mourthi, Rajkumar himself was arrested (and then released on bail) on a rape accusation. According to the recent book Once a Jolly Hangman, whose denunciations of Singapore’s death penalty system earned its author a prison term in the repressive city-state,
Intense efforts were … made by Rajkumar’s many friends in the CNB and a police friend at Clementi Police Station to persuade ‘J’ to withdraw her statement. The bribes involved large sums of money, which she refused … There were frantic, secret meetings between Rajkumar, his police officer friends and his accuser in shopping malls and fast-food outlets during which he, his family and friends continued to offer large sums of money in exchange for withdrawing her allegations. All this intrigue was going on while Rajkumar was busy getting enough evidence together to ensure Mourthi would be found guilty and hanged.
So. That’s less than ideal.
Sadly for the accused, none of this credibility-melting information was ever known during Mourthi’s trial and appeal. After Mourthi’s execution, the bad cop who hanged him went on trial for corruption over his witness-tampering, and eventually served 15 months.
Certainty is never given to mortals. But Mourthi’s father for one has no doubt: “I know he is innocent.”
Not Ohio’s first execution in the “modern” era — that distinction belongs to Wilford Berry, who voluntarily waived his appeals to hasten a 1999 execution — Jay Scott, who was put to death by lethal injection on this date in 2001, stands at the headwaters of Ohio’s 21st century death penalty binge.
Prior to Scott’s death, Ohio had carried out only that one execution, Berry’s, in all the previous 48 years.
But it’s made up for lost time with another 45 executions in the eleven years since Scott died.
A paranoid schizophrenic and career criminal, Scott entered an East Cleveland deli in May 1983, ordered bologna and crackers, and then shot the 74-year-old proprietess at point-blank range after she served him. Then he went for the restaurant brace by gunning down a security guard at another restaurant. (That death sentence was eventually reversed; technically, Scott died for the first murder only.)
By the time he paid for the crimes, Scott had gotten to know the fledgling Ohio execution process pretty well.
Scheduled death dates on April 17 and May 15 had both been stayed at the last moment over legal appeals around his mental competency — on that latter date, he was three minutes from execution with the shunts that would carry the lethal chemicals already stuck in his arms.
Laborious as it was to finally consummate, Scott’s was the only Ohio execution in 2001.
But the state conducted three the next year — and it’s never carried out fewer than two in any year since then.
On this date in 2008, Curtis Osborne suffered lethal injection in Georgia for a double murder.
In the words of the Atlanta Journal-Constitution report, “Osborne was executed for shooting Arthur Jones and Linda Lisa Seaborne on Aug. 7, 1990. Osborne allegedly killed Jones because Osborne didn’t want to give him the $400 he got for selling Jones’ motorcycle. Seaborne was killed because she was there.”
Pretty awful.
It’s very difficult to capture in individual cases the structural dimensions of the death penalty system, simply because individual cases are, well, individual. Themanyplausibleactualinnocencecasesareonething. Here what you’ve got is a guy who unquestionably shot dead two humans so that he could feed his cocaine habit: making some procedural argument for Curtis Osborne is going to sound like a lot of special pleading.
But those procedural arguments are the very guts of the animal. The U.S. death penalty proposes, as an institution, to attempt not the question, does Curtis Osborne deserve to die?, but the question, among hundreds of Curtis Osbornes, do we have the apparatus to justly distinguish the ones that deserve to die?
As an impoverished drug addict, Osborne was represented at trial by a since-deceased public defender named Johnny Mostiler.
If you search this case, the thing you’ll find immediately is that another defendant being represented at the same time by Mostiler would later swear that Mostiler told him, speaking of Osborne, “that little nigger deserves the chair.” And the context of the conversation was about how Mostiler had just received a plea offer that Mostiler didn’t plan even to relay to Osborne, for the aforementioned reason.
Pretty awful.
This sort of thing is hard to substantiate: the allegation comes from a man serving a murder sentence of his own, and Mostiler isn’t around to defend himself. But on its own, it’s a shocking claim and a reminder of how profoundly the trial attorney’s performance shapes the entire legal experience. As Time magazine put it, what if your lawyer wants you executed?
Whether Mostiler really dropped an N-bomb on Osborne’s case, we really don’t know. But it’s been said that capital punishment means those without capital get the punishment, and the fact of the matter is that not many of any race who have recourse to indigent defense are served at the bar by Atticus Finch.
Leave aside even that shocking racism allegation, one that no court saw fit to adjudicate. (Prosecutors called the racism claim “outlandish”; appellate court ruled it procedurally out of bounds.) Just reckon the structural situation.
The American Prospect profiled the blinged-out, fast-living Mostiler after his death — breathing not a word about Osborne’s case, which was nowhere on anybody’s radar — and described, essentially, the neoliberal project in action for public defenders.
Mostiler represented not only Osborne, but virtually every poor defendant in Spalding County, Georgia … because, in 1990, he’d pitched the county on a fixed annual contract. Mostiler argued that the county was
wasting money paying as many as 20 court-appointed attorneys $50 an hour to handle indigent cases without knowing exactly how many hours those attorneys would bill during any given year. Mostiler proposed instead that the commissioners pay him a flat fee to handle all of the county’s indigent cases, regardless of the number. That way the county would have to deal with only one lawyer, and it would know its final bill at the start of the fiscal year rather than at the end.
Let justice be done though the heavens fallwithin the confines of fiscal probity. This grift was going to be worth a good deal more than $400 … and come with its own body count, too.
Mostiler bragged about saving the county a good million bucks over the course of the nineties. That’s a new definition of the adversarial judicial process, fresh-minted for the race-to-the-bottom era: every exertion by a defense attorney on his client’s behalf costs him part of his own paycheck.
Small wonder that Mostiler hardly ever tried cases — no more than seven a year, he said, out of as many as 900 felonies. Most were dispatched within minutes in shotgun plea deals and no small number of those momentary clients remain on the inside of a Georgia penitentiary as we speak. Did we mention that Mostiler did all this “lawyering” in only 60% of his lawyer time? He kept up a lively private civil practice, too, one where he probably averaged more than 100 minutes per case.
Death sentences, of course, don’t result from plea bargains — but at Mostiler’s zero-sum rates he also wasn’t going to prep this like the Dream Team. Slate reported that
Mostiler never hired a psychiatrist to examine evidence that Osborne was a victim of childhood abuse, and was borderline retarded, despite a court-ordered sanity evaluation that had found “indications of depression, paranoia, and suicidal ideation.” He never examined the history of mental illness in Osborne’s family because, he said, he didn’t know how to conduct that kind of investigation. Mostiler called no expert witnesses to testify for his client and didn’t bother to interview the state’s experts before they appeared at trial. And he rejected appointment of a second attorney to help with Osborne’s defense, which the American Bar Association and all serious death penalty litigators say is essential if a capital murder defendant is to receive a fair trial.
Pretty damn awful.
Once Osborne’s conviction was in the books at the trial level, no appellate court could intervene without clearing a very high bar: would the evidence un-investigated and the argument un-made likely have made a difference? Could anyone prove that Mostiler described his client with a racial slur? Nobody could really say so. End of story.
It was 18 years between the time Osborne laid those two souls in the ground and the time he laid himself down on the gurney. The irony is that all that time, all those exhaustive appeals, left the most salient and troubling questions in his case un-examined. There were substantive questions here, but Georgia prevailed in a procedural argument that those questions remain closed.
All this unsalved death and sorrow, and all for what? So Curtis Osborne could have another hit. So Spalding County, Georgia wouldn’t have to trouble the property levies with billable hours. For nothing but a little bit of money.
On this date in 2009, a husband was hanged with two friends for murdering a wife who shorted him on his dowry.
The three were hanged at one minute past midnight in western Jessore jail after they failed to secure presidential pardons for the murder of Minu Ara, 18, the official, Kamrul Huda, said.
Minurul Islam and his two friends were sentenced to death in 2002 by the supreme court for killing Ara after her father failed to pay a promised dowry of 100,000 taka. [$1,450 US]
Their execution follows that of two men in southern Bangladesh in December over a similar dowry murder.
So-called “dowry deaths” — including not only outright murder but suicide driven by in-laws’ mistreatment — reportedly produces several thousand deaths per year in South Asia, including Pakistan and India.
“I decapitated with my blessed right hand the head of the American Jew, Daniel Pearl, in the city of Karachi, Pakistan. For those who would like to confirm, there are pictures of me on the Internet holding his head.”
Warning: Although the filming was botched, this execution video still has plenty of gore and a severed head.
On this date in 2002, American hostage Daniel Pearl was executed by his captors in Karachi, Pakistan.
The 38-year-old Wall Street Journal reporter had been abducted January 23 by Islamic radicals while pursuing an interview with a (mistakenly) suspected handler of shoe bomber Richard Reid. Instead of being taken to the interview, Pearl was disappeared and held hostage for a variety of implausible demands targeting the United States’ relationship with Pakistan’s military government.
The reporter’s death this day was not confirmed until late February, when his killers released a video on the Internet interspersing images of American and Israeli violence with footage of Pearl speaking — and then, horrifically, of Pearl being beheaded with a knife.** It was the first of several hostage–beheading videos various militants would release in the next few years.
Pearl’s captors drew a direct line from his Jewishness to his murder in the statements they forced him to make:
My name is Daniel Pearl. I am a Jewish American from Encino, California USA … I come from, uh, on my father’s side the family is Zionist … My father’s Jewish, my mother’s Jewish, I’m Jewish … My family follows Judaism. We’ve made numerous family visits to Israel … Back in the town of B’nei Braq there is a street named after my great grandfather Chayim Pearl who is one of the founders of the town.
It was the more startling because Pearl himself was a very secular Jew. Pearl did not set out to be a martyr for his cultural or religious heritage: that identity as the identity was thrust upon him.
And it’s been suggested that it was thrust upon Pearl’s captors as well, whose object in kidnapping an American reporter might have been a much more parochial kidnapping commonplace — publicity, cash — but who became politically boxed in when their hostage was publicized by the media as a “Jewish-American reporter”. One of the emails the captors had pre-drafted actually announced Pearl’s release. It was edited after the kidnapping … to announce Pearl’s execution within 24 hours, as a Mossad agent. Al-Qaeda’s Khalid Sheikh Mohammed seems to have been summoned from outside the abductors’ circle as a ringer with the captors unsure of how to dispose of their prey.
As an investigative reporter, Pearl’s own work had in some notable instances countered the preferred narratives of American hegemony. For instance, his reporting rubbished American charges that the Khartoum pharmaceutical factory Bill Clinton ordered bombed in 1998 was actually a chemical weapons plant. His work in Kosovo led him to contradict the most bellicose “genocide” allegations from that region’s dirty ethnic war.
He was a star reporter in the prime of his life, a man who poured out words that defined a career and a public persona. From February 1, 2002, suddenly and without justice, that text was torn from his hands. In its place, during the charged months after September 11 and the American invasion of Afghanistan, came a silent Rorschach blot.
Pearl, the Jewish martyr. Pearl, the victim of blowback. Pearl, the journalistic icon. Pearl, the naive liberal in the heart of darkness. Pearl, the mandate for waterboarding and Iraq.
Pearl, the object lesson.
Pearl, the axe for others’ grinding.
Omar Sheikh, a Pakistani militant reportedly linked to Britain’s MI6 and the author of the kidnapping, was arrested within days of Pearl’s murder. He remains imprisoned under sentence of death in Pakistan for the crime.
* Mohammed also claimed that he wanted to kill Pearl personally to “make sure I got the death penalty” if he were eventually arrested.
** Among the many bone-chilling details to emerge from the subsequent investigation, it became clear that the actual murder was not shown — only some quick flashes of re-enacted throat-cutting — because the cameraman missed the shot of the kill.
On this day in 2006, Clarence Allen was executed by the state of California for his role in the murders of three people.
Clarence Ray Allen packing heat and bravado in the 1970s (top); and, as a geriatric condemned man (bottom).
He could be seen as a kind of poster child for the death penalty: Allen was already serving a life sentence in prison for murder when he had the witnesses against him killed. As the Ninth Court of Appeals noted,
Given the nature of his crimes, sentencing him to another life term would achieve none of the traditional purposes underlying punishment. Allen … has proven that he is beyond rehabilitation.
The California Attorney General’s office provides a detailed account of his crimes here. (pdf) Crime Magazine ran a detailed piece on Allen in 2009. For Executed Today, a summary will suffice:
Allen, a father of two, presented an outward appearance of respectability (in fact, he ran a thriving security business) while organizing a gang of young people to help him commit many burglaries. In June 1974, Allen, his son Roger and other accomplices burglarized a Fresno supermarket and stole, among other things, $10,000 in money orders. Roger’s seventeen-year-old girlfriend, Mary Sue Kitts, later told Bryon Schletewitz, whose parents owned the supermarket, who had committed the burglary.
Allen had warned his gang that “snitches” would be put to death, and when he found out what Kitts had done he ordered her murder. Another member of the gang, Eugene Farrow, actually committed the deed, strangling Kitts and dumping her body in a canal. Her body has never been found.
Allen was convicted of the burglary and Kitts’s murder in 1977 and sentenced to life. Farrow pleaded guilty to second-degree murder.
After his conviction, Allen ordered the murders of eight of the witnesses who had testified against him at the trial, including Schletewitz and his parents. His other son, Kenneth (lovely family they are), supplied weapons and transportation to Billy Ray Hamilton, a recently paroled prisoner who had been offered $25,000 to commit the murders, and Hamilton’s girlfriend, Connie Sue Barbo. In 1980, Hamilton and Barbo broke into the supermarket and shot Schletewitz as well as Douglas Scott White and Jacqueline Rocha, two teenagers who were just in the wrong place at the wrong time.
Fortunately, Barbo was caught at the scene and Hamilton was arrested just a few days later, before he could get on with the hit list.
In 1982, Allen was sentenced to death for the three murders. Hamilton was also sent to Death Row, where he remains. Barbo got a life term. Kenneth accepted a plea agreement that offered minimal prison time in exchange for his testimony, but when he recanted his original statements the agreement was canceled and he got a life sentence.
Already fifty years old at the time of the supermarket murders, Allen had to wait a further twenty-six years for his date with death. While he was on Death Row his health deterioriated markedly.
By the time he was executed he was diabetic, nearly deaf, legally blind and confined to a wheelchair. He also had a heart attack in 2005 and had to have bypass surgery.
Given the circumstances of his crimes, his advanced age and poor health were the only mitigating circumstances his attorneys could think of to argue for a reprieve. The Ninth Court of Appeals didn’t agree that this constituted cruel and unusual punishment.
Writing for the panel of judges, Judge Kim Wardlaw said,
His age and experience only sharpened his ability to coldly calculate the execution of the crime. Nothing about his current ailments reduces his culpability and thus they do not lessen the retributive or deterrent purposes of the death penalty.
For the same reasons, California Governor Arnold Schwarzenegger refused to intervene to stop the execution, saying, “His conduct did not result from youth or inexperience, but instead resulted from the hardened and calculating decisions of a mature man.”
On the day of Allen’s execution, he had to be lifted from his chair onto the gurney. His last words were: “It’s a good day to die. Thank you very much. I love you all. Goodbye.” It took eighteen minutes and an extra dose of potassium chloride for him to die.
On this date in 2003, Daniel Juan Revilla was executed in Oklahoma for beating his girlfriend’s daughterson to death.
“Daniel gave his last few years to his project in the hope that his laughter and good spirit would live on through his work.”
Six months after his 18th birthday, Revilla appeared at the Jackson County hospital with his girlfriend’s infant son, screaming that the child had stopped breathing. The boy never revived.
Doctors trying to save little Mark Gomez couldn’t help but notice a catalogue of injuries: burns, bruises, cuts, brain hemorrhaging. Revilla’s explanation of careening through the house Homer Simpson-esque with the child — scalding him by trying to revive him with bathwater, bonking his head on the door running out to the hospital — didn’t persuade many.
Indeed, trial testimony from the mother and others tended towards the notion that Revilla openly disliked the kid because it wasn’t his, and was given to violently taking out his frustrated reproductive rivalry. He may have tried to “accidentally” kill the child previously.
The victim’s father, Juan Gomez, emerges from the news reports as a distinctly more impressive character, remembering the “short time, but still a good time” he had with Mark without losing empathy even for his murderous rival.
“I do forgive Mr. Revilla,” Juan Gomez told the media. “He was young at the time and I don’t think he realized what he did until it was too late. And I feel very sorry for his family for the loss of their son.”
Some thoughts of Daniel’s (about death row and the death penalty; he didn’t remark on the facts of the case) remain preserved on an ancient Internet page here. Sample:
The death penalty is unequivocally imposed arbitrarily. If you can’t afford justice, you’ll receive just as much justice as you can buy. In the case ofthe poor, that equals : none. There are those on death row, right now, with witnesses, evidence, DNA proof…etc, who can prove their innocence, if only they could afford it. Sadly, they can’t. Nor can they fight the Goliath system that oppresses them…They will die… The indigent, since they cannot afford to hire competent legal representation, are forced to capitulate. They abdicate their lives to the states ‘indigent defense system.’ An unimpressive, underfunded, jerkwater organization; implemented and appointed by the state, to facilitate the state’s desire to escort you through the formalities and into the execution chamber.
A comic series he drew during the half of his life he spent being escorted through the formalities and into the execution chamber was recently published as Dirt Road.
Extortion — which was formally on Lu Dongming’s charge sheet — of other cafe owners was the apparent motive: though the stakes in the Hefei cybercafe business might be a little lower than for the lords of industry, Chinese capitalism has a distinct gangster component.
Twenty-three at the time of his execution, Zamani was all of 17 years old when he committed the “crime” that earned him the rope.
That crime: abducting and raping a 24-year-old woman.
So, okay, one might say: pretty rough punishment but also pretty serious misbehavior.
Save for a few minor details. Like, that the “raped” woman was actually Zamani’s girlfriend. And that she said the sex was consensual. Apparently this testimony from the mere victim was superseded by three random village prudes willing to complain about what the licentious youth get up to these days.
Given his cruel treatment, it will not surprise that Zamani was an ethnic Kurd and that his legal representation fell somewhere between poor and nonexistent.
Persian speakers (I am not one) can take in this interview with the young man’s family.
He never disclosed the money’s whereabouts, presumably taking the secret with him to the grave. (Or to the organ donor market.)
As gangster capitalists go, Yang could hardly be considered exemplary either by scale or by ruthlessness. His peculation undoubtedly harmed many people, but there’s no known whiff of violence about him; he was caught after attempting suicide.
But by the same token, the occasional sacrifice of such middling malefactors potentially helps discharge some of the tension generated by the structural inequality accompanying China’s new oligarchy. What to do in such a world?
“Preserve your moral integrity and don’t set too much store by business results,” Yang told a newspaper prior to his execution. You said it, brother.
Mourthi vigorously maintained his innocence, and his family has done likewise in the years since, helping turn the young factory worker into a wrongful-execution poster child.
A paranoid schizophrenic and career criminal, Scott entered an East Cleveland deli in May 1983, ordered bologna and crackers, and then shot the 74-year-old proprietess at point-blank range after she served him. Then he went for the restaurant brace by gunning down a security guard at another restaurant. (That death sentence was eventually reversed; technically, Scott died for the first murder only.)
In the words of the Atlanta Journal-Constitution report, “
And you thought you’d seen sexual hangups.
The