Monday, June 24, 2013
Wednesday, June 5, 2013
Life-Producing Phosphorus From Asteroids 3.5 Billion Years Ago Could Have Boosted Early Life On Earth, Study Finds
Researchers at the University of South Florida (USF) and the University of Washington suggest that life-producing phosphorus from asteroid impacts 3.5 billion years ago may have boosted early life on Earth.
Scientists have always been curious to solve the mystery behind how life on Earth can be linked to asteroids. Finally, researchers at the University of South Florida (USF) and the University of Washington may have found what scientists have been looking for all these years. According to them, life-producing phosphorus from asteroid impacts 3.5 billion years ago may have boosted early life on Earth.
The phosphorus may have incorporated themselves into prebiotic molecules when released in water. According to USF professor Matthew Pasek, this phosphorus is mostly found in asteroids and could have been brought to earth by meteoroids and comets and released the life-producing element on the planet after an impact.
Scientists of the study revealed that meteorites delivered phosphorus in minerals that are currently not seen on the surface of Earth. They focused on the early period of Earth and after examining core samples from Zimbabwe, Australia, Wyoming, West Virginia and Florida, they were able to determine the mineral's origin.
According to researchers, "the minerals likely corroded in water, releasing large amounts of phosphorus in a form only found during Earth's early formation. The phosphite would have likely resulted in an adjusting of the chemistry of Earth's early oceans, with its chemical signature later becoming trapped in marine carbonate where it was preserved."
Though there are a few natural sources of phosphite that are Earth-based, none of them are capable of producing the quantities of phosphite needed to be dissolved in early Earth oceans that gave rise to life
"The importance of this finding is that it provides the missing ingredient in the origin-of-life recipe: a form of phosphorus that can be readily incorporated into essential biological molecules," said Roger Buick, a co-author of the study.
Scientists have always been curious to solve the mystery behind how life on Earth can be linked to asteroids. Finally, researchers at the University of South Florida (USF) and the University of Washington may have found what scientists have been looking for all these years. According to them, life-producing phosphorus from asteroid impacts 3.5 billion years ago may have boosted early life on Earth.
The phosphorus may have incorporated themselves into prebiotic molecules when released in water. According to USF professor Matthew Pasek, this phosphorus is mostly found in asteroids and could have been brought to earth by meteoroids and comets and released the life-producing element on the planet after an impact.
Scientists of the study revealed that meteorites delivered phosphorus in minerals that are currently not seen on the surface of Earth. They focused on the early period of Earth and after examining core samples from Zimbabwe, Australia, Wyoming, West Virginia and Florida, they were able to determine the mineral's origin.
According to researchers, "the minerals likely corroded in water, releasing large amounts of phosphorus in a form only found during Earth's early formation. The phosphite would have likely resulted in an adjusting of the chemistry of Earth's early oceans, with its chemical signature later becoming trapped in marine carbonate where it was preserved."
Though there are a few natural sources of phosphite that are Earth-based, none of them are capable of producing the quantities of phosphite needed to be dissolved in early Earth oceans that gave rise to life
"The importance of this finding is that it provides the missing ingredient in the origin-of-life recipe: a form of phosphorus that can be readily incorporated into essential biological molecules," said Roger Buick, a co-author of the study.
Monday, April 15, 2013
For 3 Years After Killing, Evidence Fades as a Suspect Sits in Jail
They brought him into the Bronx courtroom late on that first day of the trial, his prisoner’s chains jingling.
But Chad Hooks, 23 years old and charged with murder, was used to waiting. He had been waiting for three years, seven months and three days at Rikers Island for a trial that never seemed to come.
“I hear the same excuse every time: ‘Not ready,’ or, ‘We’re doing something that’s more important,’ ” he had said at the jail. “I feel like I’ll die here.”
Melissa Lawyer had waited, too. Mr. Hooks was charged with shooting to death her 21-year-old son, Jevon, in a grimy hallway on Southern Boulevard near Hunts Point Avenue in the Bronx. For nearly four years, her hopes for justice had been choked by gnawing worry.
She had had nightmares in which Mr. Hooks was chasing her. She said it meant he would get away with murder.
This little-noticed case at the Bronx County Hall of Justice became a parable of the way delays infect trials with murkiness, mocking the very idea that courts do their best, when it matters most, to find out what really happened.
As the years passed, memories turned hazy. Detectives retired. One witness recanted. Two were lost and then found again. By the time the prosecutors said they were ready for trial on a September day in 2012, a fourth witness — the star witness — had been shot to death in the Bronx. What were left were contradicting claims and missing answers.
Sometimes it seemed that the lawyers and judges had forgotten about clocks altogether.
The defense said Mr. Hooks was an innocent man who had been tormented to the point of ruin by his wait for justice. The prosecution suggested he was a wily killer using the passage of time to silence the witnesses against him.
In other parts of the country, this case might be old enough to raise questions about whether the Constitution’s promise of a speedy trial had any meaning at all. But this was far from the oldest case in the Bronx, where court delays have compounded for decades, mounting a crisis severe enough to challenge the basic notion of justice.
But now, finally, in that courtroom on 161st Street, the assistant district attorney, April Cohen, rose. There was an expectant rustle in the mostly empty courtroom.
Chad Hooks’s mother listened on one side. Jevon Lawyer’s mother on the other.
The prosecutor’s first words, however, were not about the killing of Mr. Lawyer. They were a request for days off. She had three scheduled. And then she would need a day when her nephew was born and then a day to celebrate the birth.
The judge said he was confused about why a trial had to be put off because someone else was having a baby. “Maybe I’m missing something?” he asked, though eventually the prosecutor ended up getting the time off.
That first day of the trial was the 1,311th day of waiting for Mr. Hooks’s day in court.
But Chad Hooks, 23 years old and charged with murder, was used to waiting. He had been waiting for three years, seven months and three days at Rikers Island for a trial that never seemed to come.
“I hear the same excuse every time: ‘Not ready,’ or, ‘We’re doing something that’s more important,’ ” he had said at the jail. “I feel like I’ll die here.”
Melissa Lawyer had waited, too. Mr. Hooks was charged with shooting to death her 21-year-old son, Jevon, in a grimy hallway on Southern Boulevard near Hunts Point Avenue in the Bronx. For nearly four years, her hopes for justice had been choked by gnawing worry.
She had had nightmares in which Mr. Hooks was chasing her. She said it meant he would get away with murder.
This little-noticed case at the Bronx County Hall of Justice became a parable of the way delays infect trials with murkiness, mocking the very idea that courts do their best, when it matters most, to find out what really happened.
As the years passed, memories turned hazy. Detectives retired. One witness recanted. Two were lost and then found again. By the time the prosecutors said they were ready for trial on a September day in 2012, a fourth witness — the star witness — had been shot to death in the Bronx. What were left were contradicting claims and missing answers.
Sometimes it seemed that the lawyers and judges had forgotten about clocks altogether.
The defense said Mr. Hooks was an innocent man who had been tormented to the point of ruin by his wait for justice. The prosecution suggested he was a wily killer using the passage of time to silence the witnesses against him.
In other parts of the country, this case might be old enough to raise questions about whether the Constitution’s promise of a speedy trial had any meaning at all. But this was far from the oldest case in the Bronx, where court delays have compounded for decades, mounting a crisis severe enough to challenge the basic notion of justice.
But now, finally, in that courtroom on 161st Street, the assistant district attorney, April Cohen, rose. There was an expectant rustle in the mostly empty courtroom.
Chad Hooks’s mother listened on one side. Jevon Lawyer’s mother on the other.
The prosecutor’s first words, however, were not about the killing of Mr. Lawyer. They were a request for days off. She had three scheduled. And then she would need a day when her nephew was born and then a day to celebrate the birth.
The judge said he was confused about why a trial had to be put off because someone else was having a baby. “Maybe I’m missing something?” he asked, though eventually the prosecutor ended up getting the time off.
That first day of the trial was the 1,311th day of waiting for Mr. Hooks’s day in court.
Monday, March 25, 2013
Blindsided: The exoneration of Brian Banks
The news at CBS--or any other outlet--isn't supposed to be your personal PR machine. Bringing attention to the damaged lives that too many people have experienced because they were wrongly (rape victim misidentifies their attacker) or falsely (the accuser was never raped and are saying they were) accused is just as important as bringing attention to the damaged lives people experience because they've been sexually assaulted.
If rape is such a horrible crime that the innocent victim deserves anonymity because of the vile nature of the crime, so too does the person actually being accused of committing the crime. If the stigma attached to the crime is so overwhelming as to make the victim a pariah, how much worse is the stigma (and rightfully so) for the person responsible for the crime? Once the accusation is made the name of the accused is forever tied to the accusation, and for far too many people the accusation only is enough to confirm guilt. Even after the accused has been acquitted, the spectre of the accusation haunts them for the rest of their lives. The accused and the accuser should remain anonymous until a guilty verdict is handed down and appeals are exhausted.
It's better that ten guilty men walk free than it is for one innocent man to be sent to jail (or worse)--or so it is said about justice in the western world. Unfortunately there are too many who would lower the burden of proof and deny the accused their right to a fair trial where they must be found "not guilty" if their guilt cannot be proved beyond a reasonable doubt. The internet is chock full of stories about men like Brian Banks who have been exonerated at a later date either by a new examination of physical evidence or by their accuser recanting their story.
Ours is not a society that in any way condones rape, despite what those who coin terms like "rape culture" would have you believe. The backlash against the city of Steubenville and its local school football team over recent rape allegations there is evidence that the vast majority of people in this country were/are deeply concerned with the consequences for the victim and want alleged abusers handled quickly and as severely as possible.
If rape is such a horrible crime that the innocent victim deserves anonymity because of the vile nature of the crime, so too does the person actually being accused of committing the crime. If the stigma attached to the crime is so overwhelming as to make the victim a pariah, how much worse is the stigma (and rightfully so) for the person responsible for the crime? Once the accusation is made the name of the accused is forever tied to the accusation, and for far too many people the accusation only is enough to confirm guilt. Even after the accused has been acquitted, the spectre of the accusation haunts them for the rest of their lives. The accused and the accuser should remain anonymous until a guilty verdict is handed down and appeals are exhausted.
It's better that ten guilty men walk free than it is for one innocent man to be sent to jail (or worse)--or so it is said about justice in the western world. Unfortunately there are too many who would lower the burden of proof and deny the accused their right to a fair trial where they must be found "not guilty" if their guilt cannot be proved beyond a reasonable doubt. The internet is chock full of stories about men like Brian Banks who have been exonerated at a later date either by a new examination of physical evidence or by their accuser recanting their story.
Ours is not a society that in any way condones rape, despite what those who coin terms like "rape culture" would have you believe. The backlash against the city of Steubenville and its local school football team over recent rape allegations there is evidence that the vast majority of people in this country were/are deeply concerned with the consequences for the victim and want alleged abusers handled quickly and as severely as possible.
Monday, February 25, 2013
Innocent and locked up
When musician Bill Dillon takes to the stage Wednesday in the Genome Sciences Building for the distinguished speaker series on innocence, justice and the death penalty, he will share his story of the wrongful conviction that kept him locked up in a Florida prison for 27 years of his life.
His story of wrongful conviction and serving years of time for a crime he did not commit is all too common.
The Innocence Project, an organization that works to free wrongfully convicted prisoners through DNA testing, made Dillon’s exoneration possible.
And in North Carolina, organizations like the North Carolina Center on Actual Innocence coordinate with law schools around the state to help prisoners appeal their convictions.
Since its inception in 1992, the Innocence Project and organizations like it have cleared the names, reputations and records of 302 prisoners.
Nearly 200 of those prisoners were African-American.
Amnesty International reports that in cases in which the victim is white, African-American defendants receive the death penalty at three times the rate of white defendants.
According to the Equal Justice Institute, studies of jury selection processes in eight Southern states found that racial discrimination in jury selection still runs rampant in the South. And a study by the N.C. American Civil Liberties Union found that 40 percent of the defendants on death row in North Carolina were sentenced to die by juries with only one or no people of color.
The racial inequities that exist within not only the North Carolina justice system but also across the nation are plainly horrifying.
Jury trials and sentencing are based on the idealistic notion that the participants in the process hold no prejudices or biases. But based on numerous research studies, that idea is anything but realistic. The current system allows for racial disparities to occur and disregards the significant role race plays in jury selection and sentencing.
North Carolina aimed to redress racial discrimination in the state’s justice system in 2009 with the Racial Justice Act.
The act allows for the presentation of evidence that could prove that race was a significant factor in imposing the death penalty. If race is found to be a significant factor in sentencing, the defendant is resentenced to life imprisonment without the possibility of parole.
The effectiveness of the act has been threatened by a 2012 revision to the act which limited the sort of data that would be admissible as proof of racial bias or discrimination.
The revision has essentially watered down the act’s intent by deeming statistical data about racial bias or the race of the victim insufficient in proving that race played a role in sentencing.
Acknowledgement of the racial disparity that exists in the North Carolina justice system is the starting point of a journey to correct a broken system.
His story of wrongful conviction and serving years of time for a crime he did not commit is all too common.
The Innocence Project, an organization that works to free wrongfully convicted prisoners through DNA testing, made Dillon’s exoneration possible.
And in North Carolina, organizations like the North Carolina Center on Actual Innocence coordinate with law schools around the state to help prisoners appeal their convictions.
Since its inception in 1992, the Innocence Project and organizations like it have cleared the names, reputations and records of 302 prisoners.
Nearly 200 of those prisoners were African-American.
Amnesty International reports that in cases in which the victim is white, African-American defendants receive the death penalty at three times the rate of white defendants.
According to the Equal Justice Institute, studies of jury selection processes in eight Southern states found that racial discrimination in jury selection still runs rampant in the South. And a study by the N.C. American Civil Liberties Union found that 40 percent of the defendants on death row in North Carolina were sentenced to die by juries with only one or no people of color.
The racial inequities that exist within not only the North Carolina justice system but also across the nation are plainly horrifying.
Jury trials and sentencing are based on the idealistic notion that the participants in the process hold no prejudices or biases. But based on numerous research studies, that idea is anything but realistic. The current system allows for racial disparities to occur and disregards the significant role race plays in jury selection and sentencing.
North Carolina aimed to redress racial discrimination in the state’s justice system in 2009 with the Racial Justice Act.
The act allows for the presentation of evidence that could prove that race was a significant factor in imposing the death penalty. If race is found to be a significant factor in sentencing, the defendant is resentenced to life imprisonment without the possibility of parole.
The effectiveness of the act has been threatened by a 2012 revision to the act which limited the sort of data that would be admissible as proof of racial bias or discrimination.
The revision has essentially watered down the act’s intent by deeming statistical data about racial bias or the race of the victim insufficient in proving that race played a role in sentencing.
Acknowledgement of the racial disparity that exists in the North Carolina justice system is the starting point of a journey to correct a broken system.
Monday, January 14, 2013
Exposing Child Predators Without Defaming the Innocent
One Orthodox Jewish website exposes people accused of sex crimes against children, such as rape, even when no criminal charges have been filed. They do this in an effort to prevent sex offenders from evading the law by virtue of the statute of limitations, to fight years of institutional sex abuse cover-ups, to empower victims and to inform the public of potential dangers.
But is there a risk that an innocent person will be exposed in the fight to bring justice to victims?
Under its “Wall of Shame” Jewish Community Watch (JCW) lists convicted sex offenders, accused offenders with pending charges and others who have not been arrested and have had no formal charges filed against them. Thirty-two individuals are on the registry. JCW conducts its own investigations, including interviewing accusers, before listing un-arrested individuals on its “Wall of Shame.”
Last month, on the day Nechemya Weberman was convicted of repeatedly sexually abusing a girl he was supposed to be mentoring, the Brooklyn DA office presented an award of excellence to JCW, praising the organizations efforts of exposing child predators and assisting survivors in recovery. DA Hynes remarked that JCW’s work “has been instrumental” in creating change in the tight-knit Hasidic community.
JCW’s work marks major progress in the Orthodox worlds willingness to openly confront sexual abuse. Since JCW’s inception in 2011, the Brooklyn Orthodox community has seen as many sexual abuse-related arrests and reports as there have been in the past 20 years.
There is a need to inform the public of suspected sex offenders and empower victims on the one hand but also a need to ensure that innocent people aren’t wrongly exposed. How do you balance those two interests when un-arrested individuals are accused of sex crimes? When there is a public record, such as an arrest or conviction, there is no issue with reporting that information, but what happens when there is no public record of the alleged crime?
JCW’s published criteria for deciding whether to put up un-arrested individuals on the “Wall of Shame” is vague and evasive. Under the “Our Criteria” section, they don’t list actual criteria but instead argue that “listing our criteria would make it far easier for false allegations to be made” and “would enable said child molester to ensure that he or she did not meet any of those criterions.”
Shrouding their criteria in a veil of secrecy needs reconsideration. The lack of clear guidelines and transparency diminishes the organization’s credibility, exposes them to further legal liability, and feeds into fears of a witch-hunt mentality. If processes are not revealed for fear that alleged offenders may outsmart the system, at least all supporting documentation should be disclosed in an open and apparent manner.
The media often publishes accusations of un-arrested individuals but the stories are adversarial in nature, present all the facts, and usually give the accused an opportunity to respond. But even the media gets it wrong sometimes as they did in the high-profile Dominique Strauss-Kahn and Greg Kelly cases where the allegations of rape were ultimately dropped, but the journalistic process still minimizes the risk of error.
JCW certainly has a right to exercise their freedom of speech and the press when it comes to informing the community about abuse. They have demonstrated a commitment to protecting children in the Jewish community and have given a voice to the voiceless victims of sex abuse. Ultimately, someone wrongly accused can always resort to a defamation claim, but considering the tight-knit nature of the community, that person’s reputation would be tarnished forever. Extreme caution needs to be taken before publicizing alleged offenders.
Perhaps JCW should adopt a more journalistic approach where for example they publish statements by the therapist of a survivor, detailing how their patient is a victim of sexual abuse and why they believe the person accused is the one responsible for their trauma (of course with the patients approval).
Only report individuals that have multiple independent victims corroborating the allegations of abuse, which JCW implies that it does.
Publish detailed accounts of the allegations from all of the accusers.
They should even give the alleged offender an opportunity to issue a published statement responding to the accusations, so the public is able to better judge a claim and the accused has a chance to publicly respond. They should clearly state that the accused is presumed innocent unless convicted.
JCW protecting the identity of the victims is a good policy but at the same time they need to provide more information to the public. Maintaining the anonymity of an accuser is vital in protecting them from retaliation, intimidation and threats. The media and courts often maintain victim anonymity in sensitive sexual assault cases, especially those involving minors.
Of course the most error free approach would be to only publish information that is already a matter of public record, such as adjudicated sex offenders, arrests and public investigations. But this approach would give free reign to the countless sex offenders that have evaded the statute of limitations.
There is no easy answer in the quest to balance the need to inform the public of potential danger with ensuring the innocent are not defamed in the zealous pursuit of justice, but a high standard of journalistic integrity should be required before someone is publicly outed as a sex offender.
Eliyahu Federman has written extensively on subjects ranging for sexual abuse awareness, gender equality and improving police-community relations. He graduated law school in NY, where he served as an executive editor of law review.
One Orthodox Jewish website exposes people accused of sex crimes against children, such as rape, even when no criminal charges have been filed. They do this in an effort to prevent sex offenders from evading the law by virtue of the statute of limitations, to fight years of institutional sex abuse cover-ups, to empower victims and to inform the public of potential dangers.
But is there a risk that an innocent person will be exposed in the fight to bring justice to victims?
Under its “Wall of Shame” Jewish Community Watch (JCW) lists convicted sex offenders, accused offenders with pending charges and others who have not been arrested and have had no formal charges filed against them. Thirty-two individuals are on the registry. JCW conducts its own investigations, including interviewing accusers, before listing un-arrested individuals on its “Wall of Shame.”
Last month, on the day Nechemya Weberman was convicted of repeatedly sexually abusing a girl he was supposed to be mentoring, the Brooklyn DA office presented an award of excellence to JCW, praising the organizations efforts of exposing child predators and assisting survivors in recovery. DA Hynes remarked that JCW’s work “has been instrumental” in creating change in the tight-knit Hasidic community.
JCW’s work marks major progress in the Orthodox worlds willingness to openly confront sexual abuse. Since JCW’s inception in 2011, the Brooklyn Orthodox community has seen as many sexual abuse-related arrests and reports as there have been in the past 20 years.
There is a need to inform the public of suspected sex offenders and empower victims on the one hand but also a need to ensure that innocent people aren’t wrongly exposed. How do you balance those two interests when un-arrested individuals are accused of sex crimes? When there is a public record, such as an arrest or conviction, there is no issue with reporting that information, but what happens when there is no public record of the alleged crime?
JCW’s published criteria for deciding whether to put up un-arrested individuals on the “Wall of Shame” is vague and evasive. Under the “Our Criteria” section, they don’t list actual criteria but instead argue that “listing our criteria would make it far easier for false allegations to be made” and “would enable said child molester to ensure that he or she did not meet any of those criterions.”
Shrouding their criteria in a veil of secrecy needs reconsideration. The lack of clear guidelines and transparency diminishes the organization’s credibility, exposes them to further legal liability, and feeds into fears of a witch-hunt mentality. If processes are not revealed for fear that alleged offenders may outsmart the system, at least all supporting documentation should be disclosed in an open and apparent manner.
The media often publishes accusations of un-arrested individuals but the stories are adversarial in nature, present all the facts, and usually give the accused an opportunity to respond. But even the media gets it wrong sometimes as they did in the high-profile Dominique Strauss-Kahn and Greg Kelly cases where the allegations of rape were ultimately dropped, but the journalistic process still minimizes the risk of error.
JCW certainly has a right to exercise their freedom of speech and the press when it comes to informing the community about abuse. They have demonstrated a commitment to protecting children in the Jewish community and have given a voice to the voiceless victims of sex abuse. Ultimately, someone wrongly accused can always resort to a defamation claim, but considering the tight-knit nature of the community, that person’s reputation would be tarnished forever. Extreme caution needs to be taken before publicizing alleged offenders.
Perhaps JCW should adopt a more journalistic approach where for example they publish statements by the therapist of a survivor, detailing how their patient is a victim of sexual abuse and why they believe the person accused is the one responsible for their trauma (of course with the patients approval).
Only report individuals that have multiple independent victims corroborating the allegations of abuse, which JCW implies that it does.
Publish detailed accounts of the allegations from all of the accusers.
They should even give the alleged offender an opportunity to issue a published statement responding to the accusations, so the public is able to better judge a claim and the accused has a chance to publicly respond. They should clearly state that the accused is presumed innocent unless convicted.
JCW protecting the identity of the victims is a good policy but at the same time they need to provide more information to the public. Maintaining the anonymity of an accuser is vital in protecting them from retaliation, intimidation and threats. The media and courts often maintain victim anonymity in sensitive sexual assault cases, especially those involving minors.
Of course the most error free approach would be to only publish information that is already a matter of public record, such as adjudicated sex offenders, arrests and public investigations. But this approach would give free reign to the countless sex offenders that have evaded the statute of limitations.
There is no easy answer in the quest to balance the need to inform the public of potential danger with ensuring the innocent are not defamed in the zealous pursuit of justice, but a high standard of journalistic integrity should be required before someone is publicly outed as a sex offender.
But is there a risk that an innocent person will be exposed in the fight to bring justice to victims?
Under its “Wall of Shame” Jewish Community Watch (JCW) lists convicted sex offenders, accused offenders with pending charges and others who have not been arrested and have had no formal charges filed against them. Thirty-two individuals are on the registry. JCW conducts its own investigations, including interviewing accusers, before listing un-arrested individuals on its “Wall of Shame.”
Last month, on the day Nechemya Weberman was convicted of repeatedly sexually abusing a girl he was supposed to be mentoring, the Brooklyn DA office presented an award of excellence to JCW, praising the organizations efforts of exposing child predators and assisting survivors in recovery. DA Hynes remarked that JCW’s work “has been instrumental” in creating change in the tight-knit Hasidic community.
JCW’s work marks major progress in the Orthodox worlds willingness to openly confront sexual abuse. Since JCW’s inception in 2011, the Brooklyn Orthodox community has seen as many sexual abuse-related arrests and reports as there have been in the past 20 years.
There is a need to inform the public of suspected sex offenders and empower victims on the one hand but also a need to ensure that innocent people aren’t wrongly exposed. How do you balance those two interests when un-arrested individuals are accused of sex crimes? When there is a public record, such as an arrest or conviction, there is no issue with reporting that information, but what happens when there is no public record of the alleged crime?
JCW’s published criteria for deciding whether to put up un-arrested individuals on the “Wall of Shame” is vague and evasive. Under the “Our Criteria” section, they don’t list actual criteria but instead argue that “listing our criteria would make it far easier for false allegations to be made” and “would enable said child molester to ensure that he or she did not meet any of those criterions.”
Shrouding their criteria in a veil of secrecy needs reconsideration. The lack of clear guidelines and transparency diminishes the organization’s credibility, exposes them to further legal liability, and feeds into fears of a witch-hunt mentality. If processes are not revealed for fear that alleged offenders may outsmart the system, at least all supporting documentation should be disclosed in an open and apparent manner.
The media often publishes accusations of un-arrested individuals but the stories are adversarial in nature, present all the facts, and usually give the accused an opportunity to respond. But even the media gets it wrong sometimes as they did in the high-profile Dominique Strauss-Kahn and Greg Kelly cases where the allegations of rape were ultimately dropped, but the journalistic process still minimizes the risk of error.
JCW certainly has a right to exercise their freedom of speech and the press when it comes to informing the community about abuse. They have demonstrated a commitment to protecting children in the Jewish community and have given a voice to the voiceless victims of sex abuse. Ultimately, someone wrongly accused can always resort to a defamation claim, but considering the tight-knit nature of the community, that person’s reputation would be tarnished forever. Extreme caution needs to be taken before publicizing alleged offenders.
Perhaps JCW should adopt a more journalistic approach where for example they publish statements by the therapist of a survivor, detailing how their patient is a victim of sexual abuse and why they believe the person accused is the one responsible for their trauma (of course with the patients approval).
Only report individuals that have multiple independent victims corroborating the allegations of abuse, which JCW implies that it does.
Publish detailed accounts of the allegations from all of the accusers.
They should even give the alleged offender an opportunity to issue a published statement responding to the accusations, so the public is able to better judge a claim and the accused has a chance to publicly respond. They should clearly state that the accused is presumed innocent unless convicted.
JCW protecting the identity of the victims is a good policy but at the same time they need to provide more information to the public. Maintaining the anonymity of an accuser is vital in protecting them from retaliation, intimidation and threats. The media and courts often maintain victim anonymity in sensitive sexual assault cases, especially those involving minors.
Of course the most error free approach would be to only publish information that is already a matter of public record, such as adjudicated sex offenders, arrests and public investigations. But this approach would give free reign to the countless sex offenders that have evaded the statute of limitations.
There is no easy answer in the quest to balance the need to inform the public of potential danger with ensuring the innocent are not defamed in the zealous pursuit of justice, but a high standard of journalistic integrity should be required before someone is publicly outed as a sex offender.
Eliyahu Federman has written extensively on subjects ranging for sexual abuse awareness, gender equality and improving police-community relations. He graduated law school in NY, where he served as an executive editor of law review.
One Orthodox Jewish website exposes people accused of sex crimes against children, such as rape, even when no criminal charges have been filed. They do this in an effort to prevent sex offenders from evading the law by virtue of the statute of limitations, to fight years of institutional sex abuse cover-ups, to empower victims and to inform the public of potential dangers.
But is there a risk that an innocent person will be exposed in the fight to bring justice to victims?
Under its “Wall of Shame” Jewish Community Watch (JCW) lists convicted sex offenders, accused offenders with pending charges and others who have not been arrested and have had no formal charges filed against them. Thirty-two individuals are on the registry. JCW conducts its own investigations, including interviewing accusers, before listing un-arrested individuals on its “Wall of Shame.”
Last month, on the day Nechemya Weberman was convicted of repeatedly sexually abusing a girl he was supposed to be mentoring, the Brooklyn DA office presented an award of excellence to JCW, praising the organizations efforts of exposing child predators and assisting survivors in recovery. DA Hynes remarked that JCW’s work “has been instrumental” in creating change in the tight-knit Hasidic community.
JCW’s work marks major progress in the Orthodox worlds willingness to openly confront sexual abuse. Since JCW’s inception in 2011, the Brooklyn Orthodox community has seen as many sexual abuse-related arrests and reports as there have been in the past 20 years.
There is a need to inform the public of suspected sex offenders and empower victims on the one hand but also a need to ensure that innocent people aren’t wrongly exposed. How do you balance those two interests when un-arrested individuals are accused of sex crimes? When there is a public record, such as an arrest or conviction, there is no issue with reporting that information, but what happens when there is no public record of the alleged crime?
JCW’s published criteria for deciding whether to put up un-arrested individuals on the “Wall of Shame” is vague and evasive. Under the “Our Criteria” section, they don’t list actual criteria but instead argue that “listing our criteria would make it far easier for false allegations to be made” and “would enable said child molester to ensure that he or she did not meet any of those criterions.”
Shrouding their criteria in a veil of secrecy needs reconsideration. The lack of clear guidelines and transparency diminishes the organization’s credibility, exposes them to further legal liability, and feeds into fears of a witch-hunt mentality. If processes are not revealed for fear that alleged offenders may outsmart the system, at least all supporting documentation should be disclosed in an open and apparent manner.
The media often publishes accusations of un-arrested individuals but the stories are adversarial in nature, present all the facts, and usually give the accused an opportunity to respond. But even the media gets it wrong sometimes as they did in the high-profile Dominique Strauss-Kahn and Greg Kelly cases where the allegations of rape were ultimately dropped, but the journalistic process still minimizes the risk of error.
JCW certainly has a right to exercise their freedom of speech and the press when it comes to informing the community about abuse. They have demonstrated a commitment to protecting children in the Jewish community and have given a voice to the voiceless victims of sex abuse. Ultimately, someone wrongly accused can always resort to a defamation claim, but considering the tight-knit nature of the community, that person’s reputation would be tarnished forever. Extreme caution needs to be taken before publicizing alleged offenders.
Perhaps JCW should adopt a more journalistic approach where for example they publish statements by the therapist of a survivor, detailing how their patient is a victim of sexual abuse and why they believe the person accused is the one responsible for their trauma (of course with the patients approval).
Only report individuals that have multiple independent victims corroborating the allegations of abuse, which JCW implies that it does.
Publish detailed accounts of the allegations from all of the accusers.
They should even give the alleged offender an opportunity to issue a published statement responding to the accusations, so the public is able to better judge a claim and the accused has a chance to publicly respond. They should clearly state that the accused is presumed innocent unless convicted.
JCW protecting the identity of the victims is a good policy but at the same time they need to provide more information to the public. Maintaining the anonymity of an accuser is vital in protecting them from retaliation, intimidation and threats. The media and courts often maintain victim anonymity in sensitive sexual assault cases, especially those involving minors.
Of course the most error free approach would be to only publish information that is already a matter of public record, such as adjudicated sex offenders, arrests and public investigations. But this approach would give free reign to the countless sex offenders that have evaded the statute of limitations.
There is no easy answer in the quest to balance the need to inform the public of potential danger with ensuring the innocent are not defamed in the zealous pursuit of justice, but a high standard of journalistic integrity should be required before someone is publicly outed as a sex offender.
Monday, December 10, 2012
Civil society makes a ‘human shield’ of female kite makers
The civil society on Thursday urged the Punjab government to arrange
livelihood for female kite makers and acknowledge the industry as a
potential source of income through exports. To raise the issues of women
home-based kite makers, HomeNet Pakistan held an awareness-raising
meeting with government officials, policy makers, media personnel and
lawyers at a local hotel.
The objective of the meeting was to strengthen the kite making sector for creating their visibility, sensitising policy makers for legislation and raise their voices. The meeting was attended by social activist Mehnaz Rafi, SAP Pakistan Director Irfan Mufti, advocate Khalid Zafar, educationist Khalid Malik and Kite Flyers Association President Nadeem Wyne.
To highlight the issues of the kite makers, the speakers said that there was a need for imparting alternative skills to kite makers ensuring their better livelihood. The kite maker women on the occasion sought relaxation in the law regarding checks on twine makers. They said in the past they were earning handsome wages to support their families but now they do not have anything to eat. They also demanded for the provision of alternate skills and businesses.
Irfan Mufti said that these workers need to organise themselves in a group, an organisation or union to get their demands addressed. He further said that government should acknowledge this as an industry and potential for export. Absar Abdul Ali said, “Kite flying is our culture, but it must be safe to life. Human life is the most important thing. Yet these kite maker women should be provided alternate skills to earn their livelihood,” he added.
Civil society members also passed a resolution that government should do some legislation in favour of kite maker’s women workers livelihood and provide them alternate skills and earning opportunities.
The objective of the meeting was to strengthen the kite making sector for creating their visibility, sensitising policy makers for legislation and raise their voices. The meeting was attended by social activist Mehnaz Rafi, SAP Pakistan Director Irfan Mufti, advocate Khalid Zafar, educationist Khalid Malik and Kite Flyers Association President Nadeem Wyne.
To highlight the issues of the kite makers, the speakers said that there was a need for imparting alternative skills to kite makers ensuring their better livelihood. The kite maker women on the occasion sought relaxation in the law regarding checks on twine makers. They said in the past they were earning handsome wages to support their families but now they do not have anything to eat. They also demanded for the provision of alternate skills and businesses.
Irfan Mufti said that these workers need to organise themselves in a group, an organisation or union to get their demands addressed. He further said that government should acknowledge this as an industry and potential for export. Absar Abdul Ali said, “Kite flying is our culture, but it must be safe to life. Human life is the most important thing. Yet these kite maker women should be provided alternate skills to earn their livelihood,” he added.
Civil society members also passed a resolution that government should do some legislation in favour of kite maker’s women workers livelihood and provide them alternate skills and earning opportunities.
Monday, November 26, 2012
Indigenous people direct victims of climate change
Speakers at a seminar on ‘Climate change: Impacts on Livelihood,
Marine and Coastal Resources’ said on Saturday that indigenous people
were direct victims of climate change and the state had failed to
provide required protection to the people during calamities.
The
seminar was jointly organised by Pakistan Fisherfolk Forum, Pakistan
Institute of Labour Education and Research (Piler) and National Council
for Environment Journalists, which attracted a large number of
fisherwomen and civil society activists. The event was the part of
activities related to a Week of Action for Climate Justice.
The
speakers focused on the overall situation of the depleting natural
resources and vulnerabilities of indigenous communities living in rural
areas, forests, along lakes and the coasts of Pakistan. Syed Baloch,
General Secretary of the PFF quoting the impacts of cyclones, tsunami,
floods, droughts and hurricane in the world said these countries have
learned lessons from effects and prepared more to avert the losses. But
as compared to the world, “we do not have serious efforts to initiate
adaptation measures with the involvement of communities.”
Baloch said Pakistan had designed climate change policy draft, which was approved by the parliament but yet to be implemented.
Nadia
Bajwa of WWF Pakistan, focal person on climate change adaptation
programme, which is working in 1050-km-long coastal areas from Indus
Delta, Keti Bunder, Kharo Chan in Sindh to Jewani, Balochistan province
said they are conducting ‘coastal community vulnerability assessment’.
“We are working to have scientific and sociological feedback from
various sectors, including indigenous people living in the target areas.
We are also working on trans boundary issues related to Pakistan and
India,” she said while sharing experiences related to climate change
impacts. Sharing findings of the study, she said they have designed
strategy to initiate community level adaptation in two union councils of
Thatta district coastal areas.
“We are learning from community
experiences regarding visible changes related to climate.” She said
Pakistan is on the number 16 of the world index of the impacts of
climate change mapping.”
She said mangroves plantation on the
priority of WFF because of its role to store carbon gases. Apart from
this they offer alternative energy in the coastal areas.
Majeed
Motani, a community elder belonging to Ibrahim Hydri, talking about the
status of marine life, said coastal communities are direct victims of
sea level rise. Due to negligible approach of the government
authorities, marine pollution is increasing, affecting source of
livelihood of small scale fishermen. There is no more fish along the
beaches and fishermen are losing their traditional sources of income.
He said fishermen are demanding the government to avoid releasing
industrial waste into the sea without treatment, but neither the
government has policies to challenge polluters nor is stronger voice by
environmentalists and media to save natural resources. Motani said due
to depleting mangroves forests the lives and livelihoods might be
affected. Karachi is vulnerable to face cyclones and tsunamis,
emphasising the need to conserve mangroves to avert the threats of such
disasters. He gave a background of mangroves forests, existing around
129-km long city coast.
NCEJ President Amar Guriro said Pakistan
is facing the loss of $365 billion due to depleting ecology over all in
the country. Apart from this, he said Pakistan does not have policy to
mitigate the effects of natural calamities.
He said majority of
people in hospitals are facing water-related diseases because they do
not have access to potable water. Due to change in rain pattern Pakistan
is experiencing flood disasters since the last three consecutive years
and have lost infrastructure and sources of livelihoods. Zulfiqar Shah,
Joint Director of Piler said Sindh was more vulnerable to disasters.
Provincial population is said to be around 50 million, out of which 30
million people live in rural areas, which are more vulnerable to face
effects of disasters, depletion of resources and poverty.
He said
about 18 million people in Sindh province live below poverty line and
were the direct victims of poverty, food shortage. They do not have
access to potable water.
Monsoon pattern change is also impacting
on the poor segments of the society, mostly indigenous communities,
herders, farmers and fishermen. Majority of people do not have their own
piece of land. Farmers and fishermen are vulnerable to face shortening
sources of livelihoods.
He said three million fishermen depend on
fishing, deriving their sources of income from marine and inland
waters. Similarly, majority of rural communities depend on cultivation
but due to the soil infertility they are facing food insecurity. Among
the rural people women and children are more victims of the impacts of
these changes, he said.
Earlier, Jamil Junejo in his introductory
speech said due to increasing warming temperature the world communities
are facing impacts on their lives and natural resources, as these
people are natural custodians of natural resources. Mustafa Gurgaiz also
spoke on the occasion.
Friday, October 5, 2012
Pope's butler says he's innocent of theft, but guilty of betraying pope he loved like a father
Pope Benedict XVI's onetime butler declared Tuesday he was innocent of a
charge of aggravated theft of the pope's private correspondence, but
acknowledged he photocopied the papers and said he feels guilty that he
betrayed the trust of the pontiff he loves like a father.
Paolo Gabriele took the stand Tuesday in a Vatican courtroom to
defend himself against accusations of his role in one of the most
damaging scandals of Benedict's pontificate. Prosecutors say Gabriele
stole papal letters and documents alleging power struggles and
corruption inside the Vatican and leaked them to a journalist in an
unprecedented papal security breach.
Gabriele faces four years in
prison if he is found guilty, although most Vatican watchers expect he
will receive a papal pardon if he is convicted.
Prosecutors have
said Gabriele, 46, has confessed to leaking copies of the documents to
Italian journalist Gianluigi Nuzzi, because he wanted to expose the
"evil and corruption" in the church. They quoted him as saying in a June
5 interrogation that even though he knew taking the documents was
wrong, he felt inspired by the Holy Spirit "to bring the church back on
the right track."
Judge Giuseppe Dalla Torre asked Gabriele on Tuesday if he stood by his confession. Gabriele responded: "Yes."
Asked,
though, by his attorney Cristiana Arru how he responded to the charge
of aggravated theft, Gabriele said: "I declare myself innocent
concerning the charge of aggravated theft. I feel guilty of having
betrayed the trust of the Holy Father, whom I love as a son would."
He
insisted he had no accomplices, though he acknowledged that many people
inside the Vatican, including cardinals, trusted him and would come to
him with their problems and concerns. He said he felt inspired by his
faith to always give them a listen.
He acknowledged he photocopied
papal documentation, but insisted he did so in plain view of others and
during daylight office hours, using the photocopier in the office he
shared with the pope's two private secretaries.
The trial opened
over the weekend inside the intimate ground-floor tribunal in the
Vatican's courthouse tucked behind St. Peter's Basilica. Dalla Torre has
said he expects it to be over within three more hearings.
In
addition to Gabriele, the court heard Tuesday from four witnesses,
including the pope's main private secretary, Monsignor Georg Gaenswein,
who along with Gabriele was the closest assistant to the pontiff.
Gaenswein
testified that he began having suspicions about Gabriele after he
realized three documents that appeared in Nuzzi's book could only have
come from the office he shared with Gabriele and Benedict's other
private secretary.
"This was the moment when I started to have my doubts," Gaenswein said.
The
book, "His Holiness: Pope Benedict XVI's private papers," became an
immediate blockbuster when it was published May 20, detailing intrigue
and scandals inside the Apostolic Palace. The leaked documents seemed
primarily aimed at discrediting Benedict's No. 2, Cardinal Tarcisio
Bertone, often criticized for perceived shortcomings in running the
Vatican administration.
Gaenswein said as soon as he read the
book, he immediately asked the pope's permission to convene a meeting of
the small papal family to ask each member if he or she had taken the
documentation.
One member, Cristina Cernetti, one of the pope's
four housekeepers, told the court she knew immediately that Gabriele was
to blame because she could exclude without a doubt any other member of
the family.
In an indication of the respect Gabriele still feels
for Gaenswein, he stood up from his bench when Gaenswein entered the
courtroom and then again when he exited. Gaenswein didn't acknowledge
him.
The trial resumes Wednesday with the testimony of four
members of the Vatican police force who conducted the search of
Gabriele's Vatican City apartment on May 23. In testimony Tuesday, two
police officers said they discovered thousands of papers in Gabriele's
studio, some of them originals.
During the testimony, the lawyer
Arru complained about the conditions under which Gabriele spent his
first 20 days in detention, saying the cell was so small he couldn't
stretch out his arms and that lights were kept on 24 hours a day.
Gabriele said those conditions contributed to his "psychological depression."
Dalla
Torre invited the prosecutor to launch an investigation, which he did.
Vatican spokesman the Rev. Federico Lombardi said the size of the cell
conformed to international standards and that, anyway, Gabriele was
moved to a bigger cell.
The Vatican police responded quickly with a
lengthy statement insisting that Gabriele's rights had been respected,
citing the food, free time, socializing, spiritual assistance and health
care that Gabriele enjoyed during his nearly two months of detention.
They said the lights were kept on for security reasons and to ensure
Gabriele didn't harm himself, and that he had a mask he could use to
block out the light.
The police warned that they may file a counter complaint against Arru if the investigation shows no wrongdoing on their part.
The
trial is being conducted according to the Vatican's criminal code,
which is adapted from the 19th-century Italian code. The court reporter
doesn't take down verbatim quotes, but rather records reconstructed
summaries dictated to her by the court president, Dalla Torre.
On
several occasions, Dalla Torre truncated the responses or, with the help
of the notary and the prosecutor, reconstrued them, occasionally
attributing to Gabriele and other witnesses words they didn't
necessarily utter, or leaving out parts of their testimony altogether.
For example, the recorded summary of Gabriele's plea didn't include that
he loved the pope as a son would.
The recorded testimony was read
aloud to each witness for any corrections at the end. Gabriele was able
to make corrections as each summary was recorded, but his full
testimony was not read back to him at the end.
Wednesday, August 8, 2012
Elections have never been free, fair, transparent: CEC
General elections in the 65-year-long checkered history of Pakistan have
never been fair, free and transparent. This startling disclosure was
made by the Chief Election Commissioner, former justice Fakharuddin G
Ebrahim while talking to a Transparency International Pakistan
delegation at his camp office here on Friday. "It is my last wish to
hold fair and free elections in the country," he suggested TI Pakistan
to assist him in achieving his target.
He was all praise for the services being rendered by Transparency International Pakistan, a civil society organisation, in fighting corruption in the country. He said that he held Transparency International Pakistan in high esteem because it was the only international body which has picked up cudgels against the scourage of corruption in Pakistan.
The CEC said he was surrounded by a well entrenched bureaucracy which had to be tamed to ensure holding of elections which could be remembered as role model and serve as a beacon light for future generations. The Transparency International Pakistan delegation comprised Transparency International Pakistan's Chairman Sohail Muzaffar, Executive Director Saad Rashid, and Transparency International Pakistan Adviser Syed Adil Gilani. The focus of discussion between CEC and Transparency International Pakistan delegation was on the six reform proposals forwarded to him on July 21 this year.
The CEC appreciated the reforms suggested by Transparency International Pakistan. Former Justice Fakharuddin discussed the proposed reforms one by one. He agreed with the suggestion on installing of Web Camera System (WCS) at every polling booth for 24 hours for real-time internet monitoring of elections. He asked for estimated cost of the system and means to finance it. On the proposal that the assets and taxation details of parliamentarians available with the CEC for 2012, and recent electoral rolls be posted on the website of the Election Commission of Pakistan (ECP). The CEC agreed and promised to implement it.
On the use of paperless Direct Recording Electronic (DRE) voting machines, the CEC said he would consider using it on selected polling booths to start with the new system. The CEC also agreed that army should be deployed both inside and outside the polling station to control law and order.
Former Justice Fakharuddin G Ebrahim, requested media and civil society to play their full role towards holding free and transparent elections in the country. Sohail Muzaffar Advocate Chairman Transparency International Pakistan thanked the Chief Elections Commissioner and assured him that Transparency International Pakistan would be always available to contribute and play its role and assist ECP in whatever way it desired in holding free and fair elections. He assured that Transparency International Pakistan would consult experts to prepare estimated cost for internet real-time monitoring.
He was all praise for the services being rendered by Transparency International Pakistan, a civil society organisation, in fighting corruption in the country. He said that he held Transparency International Pakistan in high esteem because it was the only international body which has picked up cudgels against the scourage of corruption in Pakistan.
The CEC said he was surrounded by a well entrenched bureaucracy which had to be tamed to ensure holding of elections which could be remembered as role model and serve as a beacon light for future generations. The Transparency International Pakistan delegation comprised Transparency International Pakistan's Chairman Sohail Muzaffar, Executive Director Saad Rashid, and Transparency International Pakistan Adviser Syed Adil Gilani. The focus of discussion between CEC and Transparency International Pakistan delegation was on the six reform proposals forwarded to him on July 21 this year.
The CEC appreciated the reforms suggested by Transparency International Pakistan. Former Justice Fakharuddin discussed the proposed reforms one by one. He agreed with the suggestion on installing of Web Camera System (WCS) at every polling booth for 24 hours for real-time internet monitoring of elections. He asked for estimated cost of the system and means to finance it. On the proposal that the assets and taxation details of parliamentarians available with the CEC for 2012, and recent electoral rolls be posted on the website of the Election Commission of Pakistan (ECP). The CEC agreed and promised to implement it.
On the use of paperless Direct Recording Electronic (DRE) voting machines, the CEC said he would consider using it on selected polling booths to start with the new system. The CEC also agreed that army should be deployed both inside and outside the polling station to control law and order.
Former Justice Fakharuddin G Ebrahim, requested media and civil society to play their full role towards holding free and transparent elections in the country. Sohail Muzaffar Advocate Chairman Transparency International Pakistan thanked the Chief Elections Commissioner and assured him that Transparency International Pakistan would be always available to contribute and play its role and assist ECP in whatever way it desired in holding free and fair elections. He assured that Transparency International Pakistan would consult experts to prepare estimated cost for internet real-time monitoring.
Monday, July 9, 2012
Pakistan rejects charge of state role in Mumbai attacks
Pakistan rejected Thursday renewed Indian charges that
Pakistani "state actors" were involved in planning and coordinating the
2008 Mumbai attacks and offered a joint probe.
"I would very strongly reject any insinuation of any involvement of any state agency in acts of terrorism in India," Pakistani Foreign Secretary Jalil Abbas Jilani told reporters after talks with his Indian counterpart Ranjan Mathai.
The two top civil servants in their respective ministries held two days of talks in New Delhi to bolster a peace dialogue. The two sides also discussed way to promote relations in the fields of sports particularly cricket. Jalil Abbas Jilani said he has brought a message of peace and prosperity to the people of India. He said Pakistani leadership is sincere in resolving all disputes with India peacefully.
Speaking after his talks with Jilani, which focused on ways of reducing mutual distrust between the nuclear-armed South Asian rivals, Mathai stressed that bringing those guilty for the Mumbai carnage to justice "would be the biggest confidence-building measure of all". He said India has handed over information to Pakistan side about Abu Jandal. He said the two sides discussed ways to strengthen peace and stability in the region. The Indian Foreign Secretary said he also agreed to continue talks on resolving Kashmir issue. In Thursday's joint-statement, the diplomats said that a meeting between the foreign ministers of India and Pakistan was now scheduled for September.
Text of the joint statement
"I would very strongly reject any insinuation of any involvement of any state agency in acts of terrorism in India," Pakistani Foreign Secretary Jalil Abbas Jilani told reporters after talks with his Indian counterpart Ranjan Mathai.
The two top civil servants in their respective ministries held two days of talks in New Delhi to bolster a peace dialogue. The two sides also discussed way to promote relations in the fields of sports particularly cricket. Jalil Abbas Jilani said he has brought a message of peace and prosperity to the people of India. He said Pakistani leadership is sincere in resolving all disputes with India peacefully.
Speaking after his talks with Jilani, which focused on ways of reducing mutual distrust between the nuclear-armed South Asian rivals, Mathai stressed that bringing those guilty for the Mumbai carnage to justice "would be the biggest confidence-building measure of all". He said India has handed over information to Pakistan side about Abu Jandal. He said the two sides discussed ways to strengthen peace and stability in the region. The Indian Foreign Secretary said he also agreed to continue talks on resolving Kashmir issue. In Thursday's joint-statement, the diplomats said that a meeting between the foreign ministers of India and Pakistan was now scheduled for September.
Text of the joint statement
During
the second-round of the resumed dialogue process, the Foreign
Secretaries of India and Pakistan met in New Delhi on July 4-5, 2012 for
bilateral talks on Peace and Security including CBMs, Jammu &
Kashmir and Promotion of Friendly Exchanges.
The talks were held
in a frank and constructive atmosphere. Both sides reiterated their
desire to carry forward the dialogue process in a purposeful and
result-oriented manner.
The issue of Peace and Security, including
CBMs, was discussed in a comprehensive manner. Both sides emphasized
the need to promote greater trust and mutual understanding through
constructive dialogue.
The Foreign Secretaries reviewed the
ongoing implementation of the already adopted Nuclear and Conventional
CBMs. It was decided that separate meetings of the Expert Level Groups
on Nuclear and Conventional CBMs will be held to discuss implementation
and strengthening of the existing CBMs and suggest additional mutually
acceptable steps that could build greater trust and confidence between
the two countries, thereby contributing to peace and security. The dates
for the meetings of Expert Level Groups will be determined through
diplomatic channels.
The Foreign Secretaries noted that both
countries recognize that terrorism poses a continuing threat to peace
and security. They reaffirmed the strong commitment of the two countries
to fight and eliminate terrorism in an effective and comprehensive
manner so as to eliminate the scourge in all its forms and
manifestations.
The Foreign Secretaries had a comprehensive
exchange of views on the issue of Jammu & Kashmir and agreed to
continue discussions in a purposeful and forward looking manner with the
view to finding a peaceful solution by narrowing divergences and
building convergences.
Both sides recognized the need to
strengthen the existing Cross-LoC CBMs for streamlining the arrangements
to facilitate travel and trade across LOC. They decided to convene a
meeting of the Working Group on Cross-LoC CBMs on July 19, 2012 in
Islamabad to recommend steps for strengthening and streamlining and
effectively implementing the existing trade and travel arrangements and
propose modalities for introducing additional cross LoC CBMs.
Both
sides underlined the importance of greater people to people contacts
and friendly exchanges in building a relationship of trust and
friendship between the two countries. They noted that the text of a
revised bilateral Visa Agreement has already been finalized and decided
to work for its early signing. They emphasized the importance of greater
parliamentary exchanges; promotion of cooperation in various fields
including facilitating visits to Religious Shrines and cessation of
hostile propaganda against each other.
The Foreign Secretaries also emphasized the need to promote media and sports contacts.
During
his visit the Foreign Secretary of Pakistan will be calling on Minister
of External Affairs of India, H.E. Mr. S.M. Krishna and National
Security Adviser HE Mr. Shivshankar Menon.
The Foreign Secretaries
will meet again in Islamabad, on a date to be decided through
diplomatic channels, to prepare for the meeting of the External
Affairs/Foreign Ministers in September 2012.
Monday, October 10, 2011
Cries of the innocent
The arrest of fugitive Bella Ruby Santos, suspect in the killing of 6-year-old Ellah Joy Pique last week, couldn’t have been more timely.
Oct. 8, the day of Santos’ arrest, was the eighth month since Ellah was found dead off a cliff in Barili, and October is National Children’s Month.
This celebration was enacted through Presidential Proclamation No. 267 by Fidel Ramos in 1993. The theme for this year’s children’s month is “Local Council for the Protection of Children (LCPC) for a Bright Child: Let’s Activate, Strengthen and Help It.”
Republic Act 9344 or the Juvenile Justice Welfare Act of 2006 provides for the organization and strengthening of the LCPC in every city and town in the country.
Now more than ever, citizens should bring pressure to bear on the LCPC in their locality, if one exists at all, considering the tragedies that have befallen Cebuano children.
The kidnap and grisly murder of Ellah of Minglanilla town wasn’t the only incident that claimed the life of a little one this year.
Tabuelan town’s Lara Mae Concodes, 6, was killed last May by her own uncle, who confessed to the crime saying that he was trying to stop Lara from turning into a manananggal.
Mandaue City’s Cort Cabucos, 7, drowned last May in a muddy creek that swelled during a heavy downpour.
Mandaue City’s Kate Arianne Chu Flores, 5, died last August after allegedly suffering unrelenting physical abuse in the hands of her stepmother.
Mandaue City’s Gabriel Morales, 7, was allegedly killed by his mother’s live-in partner. Gabriel’s corpse was found buried in the suspect’s toilet.
Barili town’s Ramsel Halos, 13, was found hanging lifeless from a mango tree in Maghanoy Elementary School. He was allegedly despondent over personal matters.
For an island whose central locality has been named an Asean City of Culture, Cebu doesn’t look like a safe place for children—our future—without whom any talk of flourishing culture is cheap.
Children’s month would be an opportune time for Gov. Gwendolyn Garcia and the mayors to give the public an update about the the state of the LCPCs in Cebu’s towns and cities.
Had these child protection councils been activated—the children’s month theme seems to suggest they haven’t been—perhaps we wouldn’t have had to read about the tragic nipping of budding lives. Perhaps the state in its parens patriae role would have done more to educate parents and guardians about child rearing, school officials about intervention for depressed children, communities about watching against kidnappers and creating safe places for children to pray in.
Until the LCPCs are fully functioning to protect and promote the welfare of our children, we are a City of Culture on the wane, and as a Galilean Master would have it, we despise little ones to whom heaven belongs.
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Tuesday, July 26, 2011
The most innocent in society are using their voices to spread a message of peace
The children of the Boys and Girls Club of the Suncoast are young, only five to eighteen years old. But the lyrics of a song they are performing and helped write, describe a pain no one should feel at any age.
One of the kids, Alexis Feacher said, "It captured a moment on what happened to the fallen officers."
Alexis was one of sixty kids who performed the song "Let's Get Together."
The idea for it came after three police officers were killed in the line of duty of this year. Another child, Kiara Rivera said they were haunted by it.
"When this happened, I was surprised like who would really kill an officer," Kiara said.
The group got together to talk. The resident artist, named "LX" had an idea. He went into another room that had a piano.
"I started to write a song," LX said. "I used the kids' words, the emotions they were feeling."
"Lets Get Together" came together. LX, recruited producers and writers from New York. He also involved Big Three Records, a local studio, and a video was created.
Now available on iTunes, 100 percent of the proceeds benefit the families of Officers Jeffrey Yaslowitz, Thomas Baitinger and David Crawford all killed in the line of duty.
"It is empowering because it provides a platform as well as an opportunity for them to voice their feelings and emotions about you know all of this happenings that are going on that are not so healthy for our community," LX said.
Alexis and his friends hope their voices will help heal and maybe, just maybe, send a message at the same time.
"Let's get together and keep peace and harmony so we don't have a bad city. So we don't have to have gun shots everywhere," said Alexis.
Thursday, June 23, 2011
Entrapping Innocent Muslims
A recent New York University School of Law Center for Human Rights and Global Justice (CHRGJ) report is titled, "Targeted and Entrapped: Manufacturing the 'Homegrown Threat' in the United States."
Post-9/11, Muslims have been ruthlessly targeted. Paid informants have infested mosques and their communities to entrap them. As a result, over 200 were persecuted on bogus terrorism related charges. Despite "tout(ing) these cases as successes in the so-called war against terrorism....former (FBI) agents, local lawmakers," and many others "have begun questioning the legitimacy and efficacy" of entrapping innocent victims for political advantage.
CHRGJ discussed several high-profile cases, using well-paid informants often performing services in return for reduced charges or sentences they face, a powerful incentive to cooperate.
Nearly always, Washington invents plots foiled in the nick of time, entrapping innocent victims with no intent to commit crimes. America's media headline them. The public feels safer with no idea they've been scammed or that blameless citizens and residents are falsely charged.
In fact, calling Muslims "potential threats" or "homegrown terrorists" violates core constitutional freedom
Wednesday, April 6, 2011
IDF to open probe after every W. Bank civilian death
Some officers warn that commanders will have operational freedom restricted as part of policy change regarding innocent Palestinian deaths.
In a bid to minimize criticism of IDF actions in the West Bank, Military Advocate- General Maj.-Gen. Avichai Mandelblit announced on Wednesday that the Military Police will immediately open criminal investigations into the deaths of allegedly innocent Palestinians.
The new policy was presented to the Supreme Court on Wednesday. It changes the guidelines that had been in place since 2000, under which Military Police investigations were only launched after operational probes, conducted by field commanders, uncovered alleged wrongdoing or negligence.
Under the new policy, a criminal investigation will be opened immediately after an innocent Palestinian is killed by the IDF, except in cases involving an exchange of fire. For this reason, the new policy does not apply to the Gaza Strip.
Mandelblit began a review of the old policy under then-chief of General Staff Lt.-Gen. Gabi Ashkenazi, and the new policy was approved by his successor, Lt.-Gen. Benny Gantz.
The IDF will present the new policy to the Turkel Commission that was set up to investigate the IDF operation to stop the Gaza protest flotilla last year but is also conducting a review of the military legal process.
Mandelblit’s decision to change the policy is a result of the lull in terrorism in the West Bank, where there are currently no combat operations, unlike in the Gaza Strip. In the West Bank, though, such Palestinian deaths are rare.
Mandelblit has reserved the right to reverse the decision if hostilities escalate in the West Bank.
Mandelblit’s decision met with mixed reactions throughout the IDF.
Some officers said that it was sign of how the military was becoming more “legalized” and that such a move could limit commanders’ operational freedom.
On the other hand, officers said they understood the decision as being part of the military’s efforts to prove to the world that it can be trusted to investigate itself.
This was a central Israeli claim against the Goldstone Report, which was recently reinforced by the Davis Committee set up to evaluate Israeli investigations following Operation Cast Lead. The Davis Committee concluded that Israel was responsibly investigating allegations of misconduct, albeit a bit slowly, leading Judge Richard Goldstone to publish his retraction in The Washington Post last Friday.
B’Tselem – The Israeli Information Center for Human Rights in the Occupied Territories, and the Association for Civil Rights in Israel, welcomed Mandelblit’s decision on Wednesday.
At the same time, the organizations said that the policy change was insufficient to uphold Israel’s obligations regarding accountability.
“The MAG’s [military advocate- general’s] announcement indicates that the policy change is dependent on the security circumstances.
This means that renewed security tension could lead to the policy’s reversal and a return to the situation in place over the past 10 years, in which the vast majority of civilian deaths were never investigated,” the organizations said in a statement.
Tuesday, March 29, 2011
Former HS Coach Accused Of Rape Faces Judge
A former Hennessey basketball coach accused of raping a Hennessey student pleaded not guilty to two counts of rape before a district judge Monday.
Ben Davis Forsythe, 32, is charged with second-degree rape. Forsythe is accused of having sex with one of his students.
Forsythe walked quietly into court alongside his wife, family and lawyer, and said he is not giving up the fight.
"Well, he (Forsythe) feels like he's being accused of something he didn't do," defense attorney David Slane said.
Slane said he will file a motion this month arguing the constitutionality of the case, because he believes his client is innocent; and even if he's not, the girl he's accused of having sex with was 18 years old.
"While we don't agree that it happened, she was 18 at the time. And even if we agree that it happened, it shouldn't be a crime," Slane said.
During a preliminary hearing, a student testified to having sex on several occasions with Forsythe. The student was 18 at the time and on the coach's basketball team.
Forsythe was arrested in December after police said a student claimed she had a relationship with Forsythe from November 2009 through May 2010 while attending Hennessey High School.
The girl claims that when she wanted the relationship to end, Forsythe threatened her position on the team.
"While you don't have all the information, we know this young woman has given different stories to teachers, her mother and friends, so there'll be a day when all will come out. We don't have anything to hide," Slane said.
According to Oklahoma statues, a teacher is not allowed to have sex with a student, no matter the student's age, and it doesn't matter if they consent.
Slane said that Forsythe has been hired by a different school district and is working as a teacher again.
"He's (Forsythe) still working as a school teacher and a coach, so obviously, another school district has certainly felt he is not a threat," Slane said.
Slane said a jury trial will be scheduled May 11.
Wednesday, March 9, 2011
Illinois governor abolishes death penalty
Illinois Gov. Pat Quinn abolished the death penalty Wednesday, more than a decade after the state imposed a moratorium on executions out of concern that innocent people could be put to death by a justice system that had wrongly condemned 13 men.
Quinn also commuted the sentences of all 15 inmates remaining on Illinois' death row. They will now serve life in prison with no hope of parole.
State lawmakers voted in January to abandon capital punishment, and Quinn spent two months reflecting on the issue, speaking with prosecutors, crime victims' families, death penalty opponents and religious leaders. He called it the "most difficult decision" he has made as governor.
"We have found over and over again: Mistakes have been made. Innocent people have been freed. It's not possible to create a perfect, mistake-free death penalty system," Quinn said.
Prosecutors and some victims' families had urged Quinn to veto the legislation.
The governor offered words of consolation to those who had lost loved ones to violence, saying that the "family of Illinois" was with them. He said he understands victims will never be healed.
Illinois' moratorium goes back to 2000, when then-Republican Gov. George Ryan made international headlines by suspending executions. Ryan acted after years of growing doubts about the state's capital-punishment system, which was famously called into question in the 1990s, after courts concluded that 13 men had been wrongly condemned.
Shortly before leaving office in 2003, Ryan also cleared death row, commuting the sentences of 167 inmates to life in prison. Illinois' last execution was in 1999.
When the new law takes effect July 1, Illinois will join 15 other states that have done away with executions.
New Mexico had been the most recent state to repeal the death penalty, doing so in 2009, although new Republican Gov. Susana Martinez wants to reinstate it.
Quinn consulted with retired Anglican Archbishop Desmond Tutu of South Africa and met with Sister Helen Prejean, the inspiration for the movie "Dead Man Walking."
A Chicago woman whose teenage son was gunned down in 2006 said she was disappointed in Quinn's decision — a move, she said, that victims' relatives tried to talk him out of a few weeks ago.
Pam Bosley said nobody is in custody in her son's death, but whoever killed him does not deserve to live.
"I don't want them to breathe the air that I breathe," said Bosley, whose 18-year-old son, Terrell Bosley, was killed in front of a church on Chicago's South Side.
Illinois Attorney General Lisa Madigan appealed directly to Quinn to veto the bill, as did several county prosecutors and victims' families. They said safeguards, including videotaped interrogations and easier access to DNA evidence, were in place to prevent innocent people from being wrongly executed.
But death penalty opponents argued that there was still no guarantee that an innocent person couldn't be put to death. Quinn's own lieutenant governor, Sheila Simon, a former southern Illinois prosecutor, asked him to abolish capital punishment.
Twelve men have been executed in Illinois since 1977, when the death penalty was reinstated. The last was Andrew Kokoraleis on March 17, 1999. At the time, the average length of stay on death row for the dozen men was 13 years.
Kokoraleis, convicted of mutilating and murdering a 21-year-old woman, was put to death by lethal injection.
Tuesday, February 8, 2011
Raymond Davis case: Pakistani law holds sway over Vienna Convention
The Raymond Davis killings have forced the increasingly uneasy Pakistan-US relations into another tight corner. The ruthless killing of three Pakistanis followed by the heart wrenching suicide of the 18-year-old Shumaila, the desperate widow of one of the victims, has transformed a macabre tragedy into a test of national resolve and the right of Pakistani’s to life. If mishandled, this crisis harbours the serious potential of proving a catalyst for major unsettling developments within Pakistan. That the majority of Pakistanis love to hate Americans is a proven sombre statistic and Shumaila’s needless death is bound to further inflame passions. In her last and widely televised statement before death, the young woman said that she was frustrated by the total absence of any meaningful action against the arrested American and all she wanted was justice for the wanton killing of her husband. Her death could easily transform this matter of the State Vs Raymond Davis into that of people Vs the State. According to available details, what really stands between Raymond Davis and his deserved conviction is any lateral diplomatic immunity extended by a browbeaten Pakistani government. The critical issue which arises now is: Can Raymond walk away with murder on the crutches of the much touted Vienna Convention?
The understandable emotional outburst of the people notwithstanding, the situation warrants a dispassionate view of the rights of the Pakistani citizens enshrined in the Article 9 of the Constitution of Pakistan. The Article states that, “No person shall be deprived of life or liberty save in accordance with law”. Bringing the solemn state guarantee to protect the life and liberty of all citizen of Pakistan, in a non-discriminatory fashion. This also means that it is the duty of the state to protect the ‘innocent’.
As the case, details of the State Versus Raymond Davis unfold, they beg the question as to what are the legal implications of the case? The case is about the murder of three innocent Pakistanis at the hand of the so-called diplomat, whose diplomatic credentials are still to be established and proved. The central questions are whether one ‘diplomat’ while in a country on a visit visa, can be considered a diplomat? and whether the Vienna Convention grants a carte blanch to do anything to anyone deemed to be a diplomat? These are the questions of law for the courts to decide. It may be pointed out however that given the fact that the Pakistani diplomatic and consular privileges Act 1972 is already in place, the legal outcome will be shaped by the statutes of the domestic law, which enshrines the convention and not vice versa.
According to the domestic law, the accused now stands liable for four murders, two by the extra-judicial and terrorist activity carried out by direct fire in a public place by the accused and the other two dying as an indirect consequence of the same event. The legal basis for this are rooted in Article 41 of the Act which states that the diplomatic agent shall enjoy immunity from criminal jurisdiction of the receiving state except ‘in the case of grave crime and pursuant to the decision of competent judicial authority’.
This article clearly establishes the writ of the Pakistani judicial process and courts on the matter at hand. Furthermore, Article 43 of same Act states that immunity from jurisdiction is exempted in a case of civil action, arising out of damage caused by a third party from ‘an accident in the receiving state caused by the vehicle, vessel or aircraft.’ In addition, Article 45 sub- article 4 clearly protects judicial process in the receiving state. This when seen with the much trumpeted Article 37 of the Act states that the privileges given to the diplomatic agent, in this case the administrative and technical staff, will not be exempt from the civil and administrative jurisdiction of the receiving state specified in Paragraph-1 of Article 31 shall not extend to acts performed outside the course of their duties or consular functions.
In short, the domestic law clearly places the criminal act carried out by Mr Raymond Davis as a crime, punishable under local law, making the case of diplomatic and non-diplomatic status, as irrelevant to the current ongoing judicial process.
The issue which is of great concern and surprise, is the illegal possession of a weapon carried out by the accused, punishable under the provisions of the Arms Ordinance of 1965, taking law into his own hand to punish others, an act punishable under section 7 of anti terrorism act 1997; intentional murder of two innocent persons, punishable under section 302 of Pakistan penal code and the murder of the third innocent person by the rash and negligent driving of Mr Davis’s co-accused, who is still an absconder, punishable under Section 279 and 320 of Pakistan Penal Code. This would further complicate the role of the consulate itself, which is harbouring an absconding accused, just to save his skin from punishment, which is also punishable under Section 216 of the Pakistan Penal Code.
Last but not least, the latest crime in the sting of the innocent murders, is the death of the victim’s wife Ms Shumaila through committing suicide; considering herself as helpless and in despair on the US insistent to release the accused, clearly constitutes an offence of committing Qatal Bis Sabab punishable under Section 322 of Pakistan Penal Code.
Therefore, the matter is not that of Davis being a diplomat or not but of committing a string of heinous crimes against innocent people, and violating the basic human rights of the people of Pakistan as protected under Article 8 to 28 of the Constitution of the Islamic Republic of Pakistan. The obedience to the constitution and law as under Article 5 sub article 2 of the Constitution is the inviolable obligation of every citizen where ever he may be, and of every other person for the time being within Pakistan.
The stance taken by the accused of self defence will hardly be helpful or beneficial to him having been exceeding the authority and it is yet to be proved as to whether, there was any attempt or any action by the deceased persons on the accused, requiring and justifying such extreme forceful action. The scene does not support the questioned action of the accused in any manner whatsoever nor the act of indiscriminate firing upon both the deceased persons could be defended easily. The entire burden is now upon the accused to establish his legal (diplomatic or non-diplomatic) status in the Country; the purpose and the nature of his activity and the presence at that very place; justification to keep an illegal weapon; self defence; taking photographs of deceased; escape from the venue; threatening and harassing the traffic wardens and inviting another vehicle to come rashly and cause death of another innocent person.
Of course, it is a very heavy burden upon his shoulders to answer such legal questions. It cannot be overlooked that the material recovered from his possession during the course of investigation has made him highly suspicious. It is not easy to answer why he was having such material and the information which ostensibly did not fit with his stated official duties. The public sentiments on the occurrence are natural and understandable. It is the duty of the Government to investigate the case deeply without getting pressurised or harassed from any side because now the nation is very vigilant and highly concerned.
The simple fact is that Raymond Davis is not a diplomat, period. And even if he were, under the Pakistani law which takes precedence over the Vienna Convention, he does not get to walk away without standing trial for the cold blooded murders. Any leniency towards the accused, for any reason whatsoever, shall surely sire a volatile public reaction. Foreign relations must be based upon equality and sovereignty, and not built on the deaths of innocent citizens.
Wednesday, January 19, 2011
Hindus also demand justice for innocent Muslim youths
It is not only Muslims and their organizations who are demanding release and compensation for the jailed innocent Muslim youths, educated Hindus are also coming up to support the demand of the community in the wake of the confession of RSS pracharak and terror accused Swami Assemanand.
Several learned Hindu netizens have reacted to the news of release of Abdul Kaleem whose story of torture in Mecca Masjid blast case move the heart of Aseemanand pushing him to confess his role in the terror blasts in the country.
In his comment on the TOI news “Man who inspired Aseemanand gets bail” on 17th Jan. 2011, a reader named Chandu from Pune wrote in the comment box below the news report on the TOI web page:
“Yes, our governments need to pay those who were accused and were not proven. Strict and stringent action to be taken on those who have filed the case, instead of putting back defamation cases back on them. So that people will stop misutilizing the law. This has become a trend putting a case and blackmailing the accused for money.”
Shaikh Abdul Kaleem, who was in jail allegedly for smuggling cell phone to his jailed brother, was released on bail by the Ranga Reddy court on Monday. Kaleem was earlier arrested in the Mecca Masjid blast case also in 2007 but after one and half years in jail, the court acquitted him of all charges. During his interaction with Aseemanand in Hyderabad jail in December 2010 Kaleem told him his story of torture and implication in the masjid blast case.
Another reader UK Iyer from Chennai put his comment to Kaleem’s news thus:
“Those falsely implicated and jailed need to be suitably compensated. Poor guys in the prime of their lives. However, Aseemanand's story seems to have a catch. If he was merely a tool, he wouldn't be there today. Is it just a set-up to confuse the Public at large? Several questions remain unanswered.”
Another reader from Mumbai wrote that Aseemanand was just a tool. Real culprits RSS/BJP are safe:
“Yes there is a catch. And the catch is that this is how the Sangh Parivar operates. Every time they take on a new mission, the key members of the operation "leave" their organization and form their own small front group which does the dirty work. That way of they are caught, the parent organizations such as the RSS and the BJP cannot be linked to the perpetrators and their leadership is not subject to a probe. That is what Nathuram Godse did before he assasinated Gandhi: He left the RSS. You think Godse alone would have been able to contemplate such a major plan, let alone execute it? No, he had a strong hand backing him. The "hand" was never investigated because the departing british did not want trouble.”
Source: Tehelka
Wednesday, January 12, 2011
Innocent Man Is Pardoned 72 Years After His Execution
Outgoing Colorado Gov. Bill Ritter has granted a posthumous pardon to Joe Arridy, a mentally disabled man who was executed for murder more than 70 years ago, despite evidence suggesting his innocence.
"The tragic conviction of Mr. Arridy and his subsequent execution ... merit such relief based on the great likelihood that Mr. Arridy was, in fact, innocent of the crime for which he was executed and his severe mental disability at the time of his trial and execution," Ritter said.
In 1936, someone entered the Pueblo home of 15-year-old Dorothy Drain and her 12-year-old sister, Barbara, while their parents were at a dance. Both girls were attacked with a hatchet. Dorothy's injuries proved to be fatal, but her sister somehow survived the attack, according to the 1995 book "Deadly Innocence?"
In the days that followed, investigators arrested 35-year-old Frank Aguilar, a Mexican native who had recently been fired by the girls' father, Riley Drain, who was a supervisor for the Works Progress Administration. Aguilar had reportedly been acting suspiciously, and when authorities searched his home, they found a hatchet with several large nicks, which was consistent with the girls' injuries.
Authorities had means, motive and opportunity, but they were lacking a confession.
During this time, investigators in Cheyenne, Wyo., were questioning Arridy. The 20-year-old, who had an IQ of 46 and behaved more like a child than a man, had been picked up by railroad detectives in East Cheyenne for wandering around a rail yard.
While Arridy was in custody, Laramie County Sheriff George J. Carroll learned that he was a recent escapee from the Colorado State Home and Training School for Mental Defectives at Grand Junction. Carroll was also aware of the recent homicide in Colorado.
"Carroll claimed Joe confessed to beating Dorothy with a club," Robert Perske, a former Colorado minister and "Deadly Innocence?" author, told AOL News. "He said Joe admitted to killing and raping the girl, so the sheriff called the news people and then called the chief of police in Pueblo."
According to Perske, authorities in Pueblo were shocked by the news. After all, they already had a suspect in custody. Nonetheless, they went back to Aguilar, who eventually offered his own confession, which included Arridy's alleged involvement.
"Carroll felt [Arridy] was not worth anything," Perske said. "He wanted a claim to fame, and this was his chance."
In this undated photo provided by the Museum of Colorado Prisons, Joe Arridy meets with Warden Roy
Ritter also said there was an overwhelming body of evidence that indicates Arridy was innocent.
"[This would include] false and coerced confessions, the likelihood that Arridy was not in Pueblo at the time of the killing, and an admission of guilt by someone else," the governor said.
Aguilar's trial began in December 1936. His confession was entered into evidence, as was the testimony of Barbara Drain. While the jury was out, Aguilar finally admitted his actual role in the case and told his attorney that he was guilty and that Arridy had nothing to do with it. The attorney asked the judge for permission to change his client's plea to not guilty by reason of insanity, but the judge said no, Perske said.
The jury later came back with a guilty verdict, and Aguilar was sentenced to death. According to Perske, who has read all the trial transcripts, Barbara was never asked by the defense or prosecution whether Aguilar had an accomplice.
Aguilar was later implicated in the August 1936 attack on Sally Crumpley, 72, and her niece, R.O. McMurtree, 58. The women had been attacked by a man with a hammer inside their Grand Junction home. McMurtree survived the attack, but Crumpley died of skull fractures. McMurtree identified Aguilar as the women's attacker, but, according to Perske, charges were never brought because he was already sentenced to death.
Arridy's trial began in April 1937. Prosecutors used his alleged confession against him and relied heavily on testimony from Sheriff Carroll, who recounted his conversations with him. Barbara Drain was not called as a witness by either side.
The jury ultimately found Arridy guilty and sentenced him to death.
"[Arridy] took no notice of the pronouncement of the death verdict as delivered by the jury foreman," The Chieftain newspaper reported.
On Aug. 13, 1937, Frank Aguilar was executed. Arridy was to follow him two months later, but Colorado State Prison Warden Roy Best took a liking to him, Perske said.
"The warden came to love him very much," he said. "He let him have magazines and scissors in his cell. On Christmas Eve he was invited up to the warden's house, and he and his wife gave Joe a toy train. He would play with that train in the cell and send it out between the bars scooting down the halls. He also got a little wind-up car. Often, at night, he'd scoot the little car out, and they'd hear him yell 'Car wreck! Car wreck!' And they'd all laugh. All of the inmates came to like him."
Whenever reporters would interview Arridy behind bars, he would always tell them he was happy and never wanted to leave, Perske said.
Arridy got nine stays of execution before he was sent to the gas chamber.
On Jan. 5, 1939, the day before he was put to death, the 23-year-old asked for and received ice cream for his final three meals. Best also brought him a box of homemade candy, which he shared with the other inmates. He was reportedly happy that night, and his mood changed little the following morning.
"The chaplain had to give him the last rights of a child," Perske said. "They recited the Lord's prayer two words at a time, all the way through. Afterward, as they were walking up Woodpecker Hill, where the chamber was, Joe was talking to the warden about how he was going to be playing a harp now. He was smiling all the way up. It was kind of like he was going on a hike or something.
The tombstone of Joe Arridy is seen at the Colorado State Prison in 2007.
Antonio Sanchez / Courtesy friendsofjoearridy.com
None of Arridy's living relatives has been located, and he remains buried in the prison cemetery.
"When they put him in the chair, he was still smiling," Perske said. "When they started to put the black hood over Joe's face, he stopped smiling, so the warden patted him on the arm a couple times. The priest stayed with him for a bit and then walked out with the warden. Both had tears in their eyes. Then the door was closed, and he was executed."
It was not until 1961 that Perske, an advocate for people with intellectual disabilities, learned of Arridy's life and eventual fate. He spent more than 30 years looking into the story, and a couple years ago he approached Colorado attorney David A. Martinez and asked for help.
"He said, 'I think Joe is innocent, and I really think he deserves a pardon,'" Martinez told AOL News. "As I found out more about it, Joe became more compelling to me, and I felt Joe was innocent. I found out that he had been classified an imbecile and that his mental capacity was that of a 4-year-old. It was a case of frontier justice. The passion and prejudices of the community made them want to hang up the varmints, if you will."
Martinez assembled a 500-page petition regarding the case and put together a synopsis of it that Perske has since described as the "most convincing rendition" he has ever read. Gov. Ritter agreed and on Friday granted Joe Arridy's posthumous pardon.
"Pardoning Mr. Arridy cannot undo this tragic event in Colorado history," Ritter said. "It is in the interests of justice and simple decency, however, to restore his good name."
Neither Martinez nor Perske has been able to locate any of Arridy's living relatives. He remains buried in the prison cemetery. Perske said he would like to have made for him a tombstone that says, "Here lies an innocent man."
"I'm still not sure what to say about the pardon," Perske said. "I've been trying to answer questions as best as I can, but it kind of comes back to an old saying I hang on to. That is, 'If you face a tough situation and give up too quickly, you may miss out on a fantastic conclusion.' That is how I feel."
Martinez said he is "absolutely surprised" by the pardon.
"There had never been a posthumous pardon issued by a governor of Colorado before, so that is a precedent in some ways. I think it is also monumental in that it brings hope to the future, particularly for the intellectually disabled community. It shows there is progress being made in society, and they are entitled to as much respect as any individual."
Martinez added, "It was an honor and a privilege to do what I could do, and I was really fueled by the passion of Bob Perske."
For more information on Joe Arridy, visit www.friendsofjoearridy.com and www.robertperske.com.
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