Virginia Governor Ralph Northam signed legislation to end the death penalty in the Commonwealth of Virginia. Virginia is the first southern state to end the death penalty and holds the dubious distinction of being the second highest state of executions with 1400 lives taken since the Colonies. The death penalty has its roots in slavery, slave patrols, lynching and Jim Crow. The good news is that Virginia becomes the 23rd state to end the death penalty. The bad news is that 27 other states still have the death penalty. Ironically, lynching was the precursor to the death penalty. Lynching events decreased as capital punishment took its place in the South. Eight in ten executions since 1976 have occurred in the South. And eight in ten lynching incidents from 1889 to 1918 were carried out in the South. Executions in Virigna were carried out by hanging for the first 300 years until 1908. The earliest form of the death penalty was the slave patrols. The earliest form of … [Read more...] about Virginia Ends Death Penalty After 400 Years
justice
Derek Chauvin Defense versus Justice for George Floyd
A jury has been selected in the Derek Chauvin trial, the former police officer who snuffed out the life of George Floyd with his knee held on Floyd’s neck for 8 minutes and 46 seconds. Twelve members of the jury will decide Chauvin’s fate. Three alternates were chosen in the event that any of the twelve jurors might be excused during the trial. The jurors consist of three Black men, one Black woman, two mixed-race women and nine white jurors. It is unclear which jurors represent the initial twelve members of the jury who must weigh the evidence and decide if Chauvin committed second degree murder, third degree murder or manslaughter. The prosecution failed to charge Chauvin with first degree murder. As a former prosecutor, I have tried cases with far less evidence and received convictions of first -degree murder. Of course, my convictions were not against police officers who are rarely charged or convicted of murder or manslaughter. From 2005 to 2020, only five officers were … [Read more...] about Derek Chauvin Defense versus Justice for George Floyd
Why Trump’s Impeachment Ended in a Mistrial Without an Acquittal
Senators voted 48-52 on the abuse of power article of impeachment and 47-53 on the obstruction of justice article in Donald Trump’s impeachment proceedings. Following the impeachment votes, the words used to describe the outcome are vindication, acquittal, cleared of all charges and not guilty. One word you may not hear is mistrial. That’s exactly what occurred. A mistrial occurs when neither side wins in a trial. It is also called a hung jury. As a trial attorney and former prosecutor, I can attest that neither side wants a mistrial. A mistrial can occur for several reasons. It happens where the jury cannot agree on a verdict. A mistrial also occurs where a trial is rendered invalid through an error in the proceedings. Through juror misconduct, a judge may also declare a mistrial. A mistrial took place for several reasons in the impeachment proceeding. First, there was never a real trial. It defies reason to have a jury verdict when there is no real trial with sworn witnesses to … [Read more...] about Why Trump’s Impeachment Ended in a Mistrial Without an Acquittal
Federal Judges Show Human Side: A Tale of Two Judges
Court watchers and other interested persons are getting a close look inside a Virginia federal court room on how judges act. Judge T. S. Ellis, III presiding over the Paul Manafort trial has a style all his own. He has been testy with the prosecution lawyers since day one. Real court drama is often stranger than fiction. Judges are human—as Judge Ellis stated on Thursday “this robe doesn’t make me anything other than human.” Although, it appears as if the prosecution team and Judge Ellis are in a constant dog fight. Across the river in Washington, D.C. federal district Judge Emmet Sullivan is trying a different type of case. Judges’ personalities, quirks, demeanors, tempers, court room styles vary from as many ways as there are judges. Judge Ellis appears to currently focus his harsh attention and comments on the prosecution lawyers. He accused the prosecution team of crying or at least having water in their eyes, frowning, looking down (presumably at notes) and taking too long … [Read more...] about Federal Judges Show Human Side: A Tale of Two Judges
No Slam Dunk for Mueller in Manafort Trial
All political eyes and ears are on the start of Paul Manafort’s criminal trial for tax evasion, money laundering and an assortment of other money crimes. Paul Manafort is the former chairman for Donald Trump’s presidential campaign. Jury selection is underway today. If this were a card game, special prosecutor Robert Mueller has held his playing cards closely to his chest to prevent tipping his hand. Until the start of the trial, we do not know what the evidence will show. The indictment spells out what the prosecution intends to prove. Once witnesses take the stand and documents are presented, we will know the hand that Manafort and Mueller have been dealt. As for timing, the actual start of the trial with opening statements may not take place on the first day. There is never a magical formula to predict the time that it will take to pick a jury. Having tried many complex trials lasting weeks and months, it is never an easy guess. And this case is further complicated by the … [Read more...] about No Slam Dunk for Mueller in Manafort Trial
Stephon Clark’s Killing and a Demand for Justice
On March 18, 2018 Stephon Clark, a 22-year-old Black man, father of two children from Sacramento, California was one of the more than 230 persons shot and killed by police in 2018. Mr. Clark was unarmed when he was shot and killed in his grandmother’s back yard. Mr. Clark’s family attorney, Benjamin Crump, arranged for an independent autopsy. The autopsy conducted revealed that Clark was shot 8 times in the back. A total of 20 rounds were fired at Mr. Clark. These autopsy results contrast with the statements of the officers who claim they feared for their lives. Mr. Clark was not armed but only possessed a cell phone. Every year on average, there are 1000 persons killed by police in the U.S. Clark’s shooting death has once again caused outrage over the killings of unarmed Black men to be shot and killed by police in the U.S. Blacks are shot and killed by police at a rate of almost 3 times that of whites. Since 2005, there have only been roughly 80 arrests or charges of … [Read more...] about Stephon Clark’s Killing and a Demand for Justice