Tag Archives: racism

1968: Veyusile Qoba, the last of the Langa Six

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On this date in 1968, the black South African revolutionary Veyusile Qoba was hanged for his role in the murder of a policeman six years before.

Four men before him had gone to the gallows the previous Halloween for this crime; a fifth hanged separately for a different policeman’s killing late in 1967. Together with Qoba, they constituted the “Langa Six”.

The color line, of course, was the beef of the Six — and not only that, but the divide within the anti-resistance movement between the African National Congress (ANC) and the Pan Africanist Congress (PAC).

The Langa Six belonged to the latter entity’s military wing, Poqo (later to develop into the Azania People’s Liberation Army, but we’ll use the period-appropriate original nomenclature here). After police response to a PAC-organized 1960 protest against South Africa’s notorious racial passes turned into the Sharpeville Massacre,* Poqo girded for violent struggle against a violent state.

With the alleged slogan “one settler, one bullet,”** Poqo mounted an aggressive terrorist campaign that did not scruple to target white civilians, or black civilians perceived as collaborators. (The ANC’s simultaneous Nelson Mandela-led terrorist campaign had a more selective attitude.)

And this, in turn, spurred a further crackdown, as Pretoria banned both the ANC and PAC, and enacted a Sabotage Act — the law under which Nelson Mandea was jailed for life.

Poqo and PAC operatives were likewise arrested by the thousands in the troubled 1960s.

In March 1962, five of the Langa Six attacked police vehicles in the Cape Town suburb, killing a police Sgt. Moyi.

According to [policeman] Basson, some 50 Bantu attacked his vehicle when he tried to start the engine … he found that one of the petrol bombs set the vehicle alight and they were compelled to jump out — they were dragged out of the vehicle. It was at this stage that Sgt Moyi was set upon, pulled to the ground, and stabbed to death. Det-Sgt Josiah Moss was also injured and knocked unconscious but owing to that he fortunately escaped with his life. (Source)

(South Africa’s post-apartheid Truth & Reconciliation Commission found that this event was an impromptu, local ambush, rather than a centrally-planned operation.)

* The date of that massacre, March 21, is now honored as Human Rights Day in South Africa; it’s also the United Nations’ International Day for the Elimination of Racial Discrimination.

** As Sartre put it in his notes to Fanon’s 1961 Wretched of the Earth, “to shoot down a European is to kill two birds with one stone, to destroy an oppressor and the man he oppresses at the same time: there remain a dead man, and a free man.” PAC spokespeople have denied that “one settler, one bullet” was an actual party slogan or policy, however.

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1987: Dale Selby Pierre, Hi-Fi Murderer

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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.

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2011: Li Lindong, truck driver

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(Thanks to Meaghan Good of the Charley Project for the guest post. -ed.)

A year ago today, coal truck driver Li Lindong was executed for the murder of a 35-year-old man named Mergen.*

The victim was dragged down the street for 160 yards, or 145 meters, before he finally died. His death is symptomatic of the serious ethnic/class tensions in Inner Mongolia, where the crime took place.

Li Lindong was Han Chinese; Mergen was an ethnic Mongol herder. Inner Mongolia covers over 10% of China’s landmass and has 24 million people. Han Chinese make up almost 80% of the population, but the ethnic Mongol minority were there first.


A yurt on the Mongolian steppe.

While the Mongols continue to live a traditional, pastoral existence, the region’s coal industry has been booming of late and many Hans, like Li, have flocked in vast numbers to work in the mines.

Problem: mining and sheep-herding don’t exactly go together.

The Mongols claimed a number of grievances:

  1. The noise from the mines is difficult to live with.
  2. The coal pollution is turning the steppe into desert, making it impossible for them to find pasture for their animals.
  3. The miners are intruding on their land, tearing up the grass and even running over and killing their livestock.
  4. The Chinese government is trying to force them to to give up their nomadic existence and live in permanent houses.

According to The Guardian, these complaints had merit and the damage was obvious, even from a distance:

Many students are from herding families who have been moved into cities as the wide-open pastures are fenced off. The government says such measures are necessary to promote development, prevent overgrazing and protect the fragile grasslands, much of which have turned to desert in recent years. Locals say herders’ rights have been violated and the fencing and mining have created bigger environmental problems, including pollution, noise, traffic and dust storms that blow across much of north-east Asia.

The transformation is evident on the flight to Xilinhot. From the air, the grasslands are blotched with sandy areas near farms and the dark smudges of open-cast pits. From the road, the clouds of dust from mines and trucks is visible miles away.

So outraged were the Mongol herders that they actually began organized protests, which aren’t terribly common in China, particularly among Mongols. (The precedents aren’t good.)

This was what lead to Mergen’s murder.

He and about 20 to 40 other herders had formed a human chain to try to block a convoy of coal trucks. There was a standoff as the truckers tried to persuade the herders to move aside. Finally Li, infuriated, simply hit the gas and ran over some of the herders, killing Mergen.**

Mergen’s murder lead to still more protests. One, attended by some two thousand Mongolian high school students, was the largest protest in Inner Mongolia in twenty years. The protesters claimed the Chinese government hadn’t acted to address the underlying problems that lead to the herder’s death.


A protest over Mergen’s death.

The government claimed otherwise, saying they were going to overhaul the coal mining industry and shut down the worst polluters, as well as try to cut down on other environmental problems like water shortages and soil erosion. (They have, at least, shut down over 200 mines.)

As for Mergen’s murder, their response was swift, as Chinese justice tends to be.

Mergen was killed on May 10. Li Lindong was arrested shortly thereafter and tried on June 8, in a six-hour procedure that resulted in the death sentence. That sentence was carried out two months later.

Nor was he was the only person to face charges. Lu Xiangdong, the passenger in Li’s truck, was also convicted of murder and sentenced to life in prison. Wu Xiaowei and Li Manggang got three years apiece for obstructing justice by blocking the police cars that arrived on the scene and allowing the truckers to escape.

The government also gave a monetary settlement to Mergen’s grieving family, but they would probably rather have him back instead.

As for Inner Mongolia … it’s hanging in there, but it remains to be seen whether the environmental problems will or even can be relieved.

* In his culture, there are no last names.

** According to one widely reported but unconfirmed account, he joked about it, saying he had enough insurance to cover the death of a “smelly Mongolian herder.”

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1942: Irene Nemirovsky, Catholic Jewish writer

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(Thanks to Meaghan Good of the Charley Project for the guest post. -ed.)

On this date in 1942, 39-year-old French/Ukrainian novelist Irene Nemirovsky was gassed at the Auschwitz Concentration Camp in Poland.

She was a victim of the Nazis’ racial laws: anyone with even one Jewish grandparent, even if they themselves did not practice the Jewish religion, could be considered a Jew. Nemirovsky, born to a wealthy Russian-Jewish family in what is now the Ukraine, had converted to Catholicism in 1939 — sincerely, insofar as anyone can discern.

Irene Nemirovsky fled Russian territory after the Bolshevik Revolution and spent a short time in exile in Finland and Sweden before eventually settling in France. There she married a banker, had two daughters, and published her first novel in 1930.

The book, called David Golder, was about a ruthless businessman (described by modern readers as “a Bernie Madoff of her time”) who in old age and poor health begins to regret the way he lived his life. It was a success and was made into a 1930 film.

Her second novel, Le Bal, also hit the silver screen. She penned several other books as well: Dimanche and Other Stories, Jezebel, The Dogs and the Wolves, The Courilof Affair, and more.

Although she was widely acclaimed as a writer in France, even by anti-Semites, she was denied citizenship in 1938. By then she had lived in the country for twenty years.

Following the German invasion of France in 1940, Nemirovsky’s books were pulled off the presses and she was required to wear the yellow star. If she and her family had succeeded in obtaining French citizenship, this would have provided some protection; the French were reluctant to deport their own Jews, filling the cattle cars with foreigners instead. Irene was instead classified as a “stateless person of Jewish descent” and the high-ranking Nazi official Ernst Kaltenbrunner called her a “degenerate artist of deluded Jewish hegemony.”

The “stateless” Irene was arrested on July 13, 1942. She had time to write a letter to her family, asking them not to worry about her, before she was deported to Auschwitz four days later.

Although she survived the initial selection and was tattooed with a prisoner number, it was reported a month later that she had died of typhus, a common and deadly disease in the concentration camps. However, later investigation showed she had in fact been sent to the gas chamber. Her husband was also gassed in Auschwitz in November of that year, but their two children survived the war.

One of Nemirovsky’s books, All Our Worldly Goods, was posthumously published in France in 1947. However, for sixty years following the war this once-famous author was largely forgotten.

In 2004, however, she became a literary sensation when a previously undiscovered manuscript, Suite Francaise, hit the press. The “suite” consisted of two books out of a projected five, titled “Storm in June” and “Dolce”. Irene had written them while in hiding in 1940. When she was arrested she gave the manuscripts in a suitcase to her daughter Denise, who safeguarded them all those years.

The book was received to great acclaim and became a bestseller, and publishers blew the dust off her novels from the 1930s and brought them back into print. In 2007, another of Nemirovsky’s works, Fire in the Blood, was published. The book was a companion to Suite Francaise — and like Suite, Nemirovsky had worked on it while in hiding during the Nazi occupation.

Nemirovsky never escaped controversy, in her life or after her death. Several critics and scholars have accused her of being an anti-Semite, a “self-hating Jew,” as detailed in this article from the Australian publication The Age.

Novelist Paul LaFarge charged her as “a Jew who disliked other Jews.” Primo Levi‘s biographer wrote of her, “She has taken on board the idea that Jews belong to a different, less worthy ‘race’, and that their exterior signs are easily recognizable: frizzy hair, hooked noses, moist palms, swarthy complexions, thick black ringlets, crooked teeth…”

There is evidence to support this assertion.

Some of her books were serialized in anti-Semitic magazines, and during the occupation Irene also wrote a letter to Marshal Petain, head of France’s collaborationist Vichy government, to say she disliked Jews and shouldn’t be classified as a Jew, racial laws notwithstanding. Her husband wrote a similar letter to the German ambassador after her arrest, saying his wife “did not speak of the Jews with any affection whatsoever.” The ambassador never bothered to reply.

Irene, however, also has her defenders in this matter: “She didn’t dislike Jews,” said one. “She disliked some Jews. Big difference.” Patrick Marnham, who wrote the introduction to the reprinted David Golder, argued that, “Her choice of an unsympathetic Jewish character [in the book] does not make Nemirovsky anti-Semitic; any more than Robert Louis Stevenson was anti-Scottish because he created the diabolical figure of Ebenezer in Kidnapped.”

You could argue that if she appeared to be anti-Semitic it was because she was trying to conceal her own Jewish origins and thereby protect her family from the deadly consequences. Her daughters believed this was the reason for her assertions that she hated Jews.

In any case, whatever Irene may have said or thought about her religious origin did not save her life. She was just one of many thousands of Christian converts who fell victim to Nazi Germany’s madness.

Irene’s younger daughter, Elisabeth Gille, who died in 1996, wrote a novel titled Shadows of a Childhood which was based on her parents’ disappearance. She had only been five years old when Irene was arrested. In 2010, Olivier Philipponnat and Patrick Lienhardt published the first major biography of Irene, The Life of Irene Nemirovsky, 1903-1942.

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1844: Gabriel de la Concepcion Valdes, “Placido”

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On this date in 1844, Cuban poet Gabriel de la Concepcion Valdes was executed in Matanzas for conspiring to overthrow Spanish authority on the island.

His mother (who gave him up to an orphanage) was a Spanish dancer. His father (who adopted him back) was a “quadroon” barber. Valdes, aka Placido (Spanish link, which is true of most available online resources about him) grew up as a free mixed-race youth in a slave society.

This situated him in the privileged (relative to plantation slaves) but precarious position of the petty bourgeoisie, menaced not only by the prospect of economic reversal but by the vicissitudes of Spanish policy towards his caste — whose growth many colonial officials fretted warily.

Though Placido made his bread apprenticing as a print-maker and later making turquoise combs, he made his fame by dint of literary gift that was celebrated throughout Cuba and abroad. His “La siempreviva” won a literary competition when he was just 25, and led to an invitation to visit Spain (Placido declined it); the Cuban-born, naturalized Mexican poet Jose Maria Heredia visited Cuba in 1836 and made a point to look up Placido; and according to the out-of-print Cuba’s Romantic Poet: The Story of Placido by Frederick Stimson, the young Cuban was wildly popular with North American slavery abolitionists as well.

Placido is less well-remembered beyond his home island today, but arguably rates as Cuba’s most distinguished Romantic poet.

In the 1830s especially, when civil war in Spain put the reigning monarch on the liberal side, Placido was able to exploit the opening to write openly of Cuban political aspirations.

His La Sombra de Padilla, dedicated to Spain’s “wise and exalted Queen”, imagines one of Spain’s martyred comuneros charging him to venture his life for liberty against absolutism.

Better to fall prey to La Parca [the Grim Reaper]
Than to a despotic Monarca

But notwithstanding the war in Iberia, the exalted Queen still put Cuba under special (read: repressive) law. Placido’s prominence, having advocated for much more freedom than Cuba was slated to enjoy, subjected him to automatic Spanish suspicion as more authoritarian governance arrived in the 1840s.

The poet was arrested in the Conspiración de La Escalera (Conspiracy of the Ladder, so named for the structure its accused were tortured upon). This purported plot to raise a slave revolt may or may not (pdf) have really existed, but the crackdown it authorized sure did. Indeed, despite the “slave revolt” bogeyman, it was overwhelmingly free blacks whom the Spanish suppressed in this affair.

Gariel de la Concepcion Valdes, known as “Placido”, was shot with ten others, “miserable instruments of the most depraved machinations of immoral men, men who deserve the curse of the living and the opprobrium of generations to come,” just a week after his conviction.

The appointed lot has come upon me, mother,
The mournful ending of my years of strife,
This changing world I leave, and to another
In blood and terror goes my spirit’s life.

But thou, grief-smitten, cease thy mortal weeping
And let thy soul her wonted peace regain;
I fall for right, and thoughts of thee are sweeping
Across my lyre to wake its dying strains.

A strain of joy and gladness, free, unfailing
All glorious and holy, pure, divine,
And innocent, unconscious as the wailing
I uttered on my birth; and I resign

Even now, my life, even now descending slowly,
Faith’s mantle folds me to my slumbers holy.
Mother, farewell! God keep thee — and forever!

-Valdes, “Farewell to My Mother”

There are volumes of Placido’s poetry (in the original Spanish) freely available via public-domain Google books offerings here and here, with a short thumbnail biography here. For the nonfiction biographical exploration of Placido’s life, and detailed critical analysis of his poetry, this Vanderbilt master’s thesis (pdf) is highly recommended.

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1784: Jean Saint Malo, New Orleans Maroon

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On this date in 1784,* Jean Saint Malo was hanged in the New Orleans square that’s since been christened Jackson Square, after American president Andrew Jackson.

Saint Malo, the namesake of a 19th century fishing village that formed perhaps the first Filipino settlement in the U.S., was the leader of outlaw settlements of escaped slaves who found refuge in the French colony’s bayous.

“Prior to the sugar boom,” writes Daniel Rasmussen in his well-received American Uprising, “New Orleans was a poor, multi-cultural city with very few social controls.”

The lines between slavery and freedom were not clearly drawn, and slaves frequently escaped into the swamps to form maroon colonies. There was a history of armed resistance in these areas that drew on French, Creole, and Kongolese traditions. These insurrectionary traditions shaped the lives of the slaves and represented an alternative political culture to that of the planters.

As testimony to that hazy line, Saint Malo had widespread support not only from the escaped slaves who joined him, but from those that remained on plantations. The communities were linked by blood and by trade; attempts to send creole militias out to hunt the maroons tended to founder on the draftees’ fear of retaliation by the kith and kin of their targets.

According to Gwendolyn Midlo Hall, Saint Malo’s prosecutor complained that slaves would grumble, affront their masters, leave land uncultivated … and that owners dared but few disciplinary measures lest they disappear into the swamps.

“Malheur au blanc qui passera ces bornes” (“Woe to the white who would pass this boundary”), was the declaration attributed our man, burying an ax dramatically into a tree outside his largest village, Ville Gaillarde. (The maroons lived in permanent settlements.)

It took several years, several tries, and more than several casualties for Louisiana planters to finally bring Saint Malo’s maroons to heel. And when they did — well, the dirge recorded from a fellow maroon (as related in Creole New Orleans: Race and Americanization) describes Malo’s fate.

Alas, young men, come make lament,
For poor St. Malo in distress!
They chased, they hunted him with dogs,
They fired a rifle at him.
They dragged him from the cypress swamp.
His arms they tied behind his back.
They tied his hands in front of him.
They tied him to a horse’s tail.
They dragged him up into the town.
Before those grand Cabildo men.
They charged that he had made a plot
To cut the throats of all the whites.
They asked him who his comrades were.
Poor St. Malo said not a word!
The judge his sentence read to him,
And then they raised the gallows tree.
They drew the horse — the cart moved off
And left St. Malo hanging there.
The sun was up an hour high
When on the levee he was hung.
They left his body swinging there
For carrion crows to feed upon.

* Coincidentally, June 19 would later become Juneteenth, marking the end of slavery in the United States at the conclusion of the Civil War.

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2008: Curtis Osborne, poorly represented

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Nach Golde drängt,
Am Golde hängt
Doch alles.

–Goethe, Faust

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. The many plausible actual innocence cases are one thing. 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.

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1881: Po’olua, “darkened in my mind”

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This date in 1881 saw the hanging of a native Hawaiian named Po’olua for a homicide of domestic jealousy tinged by almost tragic remorse.

This case is described in the 1991 essay “A Short History of Hawaiian Executions, 1826-1947” by Joseph Theroux.

In 1881, the Hawaiian [Po’olua] grew enraged when his when his common-law wife, according to the papers, “paraded her infidelity” before him and slaughtered her with a “big butcher knife.” Then, in a fit of remorse, he draped his house in mourning with black crepe paper.

… The experts of the day — family doctors and preachers — were conducted in to interview the bewildered man. They questioned him and concluded that he was not insane. Po’olua himsel agreed that he was sane but “darkened in my mind.” … the Reverend H.H. Parker explained the man’s actions this way: “A Hawaiian would do many things which a white man would not.”

When it as found that Po’olua had a heart abnormality and that he would likely die soon anyway, letters of clemency were circulated on his behalf. But he was hanged on May 20, 1881. Permission was sought for a post mortem to investigate the state of his heart, but officials denied the request. The Advertiser remarked that it “should have been done. Being attended to, might have laid him quiet in his grave; but being forbidden, his spirit will rise up Banquo-like for many a day to come.”

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1905: Chief Zacharias Kukuri

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On this date in 1905, in the midst of Germany’s genocidal destruction of the Herero people in its Southwest Africa colony (present-day Namibia), the Otjosazu chief Sacharias Kamaituara Kukuri was hanged in Windhoek.

More than half the Herero population perished following an abortive attempt to resist German colonization during this unfortunately little-remembered period, perhaps the very first of the 20th century’s ample store of genocides.

Our man’s execution occurred at the moment of a policy pivot: after the horrific extermination policy initially practiced by General Lothar von Trotha, Germany’s Herero policy was “moderating”. Von Trotha’s extermination order had been officially reversed by Berlin; by November of 1905, the murderous general would be recalled to Germany. Instead, they’d be collecting the Herero into concentration camps.

It was into the Windhoek camp that Kukuri arrived as the wounded prisoner of a German ambush.


The concentration camp under the walls of Windhoek’s Alte Feste (Old Fort). Today, the fort is a museum … and the camp, forgotten, is the grounds of a high school. (Source)

Of course, it goes without saying that, even if state policy no longer aimed officially at racial annihilation, the system of concentration camps continued the de facto genocide: the systematic destruction of Herero life in order to incorporate the population as a subject proletariat (enlightened self-interest — the colony’s “economic future would be completely destroyed by the extermination of the indispensable labor power” — is what finally trumped von Trotha). At the same time, camps structured a punitive neglect of Herero living conditions, a years-long “period of suffering” in which Herero died of overwork, malnutrition, disease and neglect as surety against any future resistance. Courts-martial of fighting-age men alleged to have had some hand in resisting by arms the German onslaught completed the salutary lesson.

Missionary sources provide us with eyewitness accounts of conditions in the camps. Missionaries stationed in the Herero Konzentrationslager reported to their superiors in Germany on the extensive and unchecked rape, beatings and execution of surrendered Herero by German soldiers. Missionary Kuhlmann spoke of the delight of settler women witnessing the drawn-out public hangings of captured Herero in Windhoek. At one such hanging, a drooling Herero fighting for his life was berated” ‘You swine, wipe your muzzle’. (pdf source)

Kukuri fell into this last category.

His fate is especially poignant for us (and, convenient to date) thanks to the memoirs of Friedrich Meier, one of the many German Christian missionaries who had poured into Namibia ever since it became a German colony. As Meier’s account of swapping Biblical allusions with Kukuri in the shadow of the latter’s gallows underscores, these missionaries had achieved some inroads.

I did not see the slightest trace of fear on him, instead it was as if he were going to a wedding. ‘Muhonge’, he said at one stage, ‘oami otja Elias mohamakuao na je otjinga me keende kejuru metemba,’ i.e. ‘Muhonge, like Elias, I too travel to heaven in a waggon.’

Having arrived at the execution site, I noticed how he kept looking at the gallows, at which preparations were still taking place. I feared for his tranquility and asked him to stop looking at it. ‘Muhonge,’ he said to me, ‘I hear everything, why should I not look at it? For is it not “my wood” [my cross]?’

When we finally stood underneath the gallows, we prayed together that beautiful song: ‘So then take my hand and lead me.’

German:

English:

Possibly he noticed that I was worried about him. Anyway when I was finished he said, ‘It would appear that you still fear that I am afraid, but have I not told you: “When a father calls his child, does that child then fear to go to him?” Give my wife, who is in Okahandja, my greetings and tell her that I have died in the faith of the lord Jesus, so too tell my children if you should ever see them.’ I asked him again to be infatuated with the lord Jesus. ‘Lord Jesus, you help me,’ with this, after he had given me his hand, he climbed up the ladder. Soon the noose was laid around his neck. And then — never will I forget that moment — the unheard-of happened, as he fell the noose slipped and the wretch fell to the ground. He lost consciousness for a moment, so too, the observers were dumbstruck. Today I still see how his eyes sought me out. Soon, however, two soldiers were there, they lifted him up, and then a little to the side, on orders of the major who led the proceedings, he was shot.

Kukuri’s grave can still be seen at the Gammans cemetery (German link) in Windhoek.

His memory as an emblem of Herero dignity under persecution also remains in present-day Namibia.

Anette Hoffmann (in “The Merits and Predicaments of Opacity: Poetic Strategies of Evasion and Resistance” for the fall 2007 Research in African Literatures) relates a later “praise poem” for 1959 Herero martyrs, whose allusion to the hanged chief (as “Hauzeo”) emphasizes his agency, rather than his victimhood.

For he as the son of the chief Kukuri and must die since Samuel Maherero had escaped to Botswana. They said that if they kill him, then that could serve as a symbol that they had exterminated the sovereignity of the Herero … he was taken to a tree near the White’s cemetery in Otjomuise, which is still here today. I can show you his grave. He is still there until now, near the railway line to Aris … when he was taken to the tree, the tree of Hauzeu, as you hear about it, it was said: now you will be hanged to die. Heavily wounded as he was, he had a rope around his neck and was hanged. However, his weight broke the rope. Then the Germans said he was innocent and had to be released. But he himself insisted to be hanged again … [he said] “I have come to see the children of Tjamuaha’s house, those left in the camps of enslavement: to see them with my own eyes … this is why I have come: take me up the tree.” They did and he died. He lies at Hauzeu’s tree. He had given himself to be hanged.

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2010: Paul Warner Powell, jurisprudentially confused

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On this date in 2010, Paul Warner Powell was electrocuted in Virginia — the last human being, as of this writing, to be put to death by that method, although he is not likely to retain that distinction long-term.

However many might be yet to ride the lightning, it is doubtful that any will usurp this virulent racist’s place on dumbest-criminals lists.

Powell confronted a 16-year-old acquaintance about her relationship with an African-American, and in the altercation that followed our man stabbed Stacie Reed in the heart.

Then the charmer laid in wait in the house for the return of Stacie’s 14-year-old sister, whom he raped and left (so he thought) stabbed to death in the basement. Kristie Reed survived an abdomen wound and a slashed throat.

So far, just a regular malevolent criminal.

But his fate turned on a small legal technicality followed by a monumentally foolish blunder.

Initially death-sentenced for the murder (of Stacie) aggravated by the rape (of Kristie), that sentence was vacated by the Commonwealth’s high court on the grounds that rape could only aggravate the murder into a capital crime if it was the murder victim (Stacie) who was raped. Prosecutors had not shown that.

Erroneously believing this decision to have freed him from any risk of execution thanks to double jeopardy, Powell then proceeded to scribble a lengthy jeering diatribe to his prosecutor “to show you how stupid all of y’all mother fuckers are.”

The entire very profane letter is here. Apart from its intrinsically monstrous narrative, it made this very unwise admission about how things went with the murder victim Stacie:

I told her that all I wanted to do was fuck her and then I would leave and that we could do it the easy way or the hard way.

… she got up and started fighting with me and clawed me face. We wrestled around a little and then I slammed her to the floor. When she hit the floor I sat on top of her and pinned her hands down again. She said she would fuck me and I told her that if she tried fighting with me again, I would kill her.

This freely-confessed attempted rape (it was not consummated — hence the state’s previous inability to charge it) qualified as the exact aggravating factor whose want had just enabled Powell to escape death row. And in fact, prosecutors were able to use it to try Powell for his life once again. This time, they got him — and it stuck.*

Better to remain silent and be thought a fool, than to open your mouth and remove all doubt.

Powell, it turned out, was an energetic correspondent.

Apart from the aforementioned lethal missive, he posted other bigoted mash notes to his prosecutor “Fat Ebert”; he sent menacing taunts to the victims’ mother Lorraine Whoberry; and he even began swapping racy billets-doux with the married forewoman of his first jury who, guilt-stricken at having sent a man to his death, started writing the murderer and wound up falling for him and testifying on his behalf at his second sentencing.

Just a bizarre case all around.

Whoberry, the mother of Stacie and Kristie and the woman whom Powell had crudely harassed by mail from prison, founded the STACIE Foundation to teach compassion for violent crime victims. Whoberry even had some compassion of her own for Powell, eventually forgiving him; the two spoke amicably by phone on the night before Powell’s execution.**

* This raises our periodic reminder to anyone who should come to be of interest in a legal investigation not to talk to the police, period.

However, it is our firm conviction that Executed Today attracts a caliber of reader who intuit the inadvisability of confessing one’s capital crimes in florid written detail.

** Forgiveness or no, Whoberry did continue to support Powell’s execution.

On this day..