Bush upholds Execution Order

Bush upholds Execution Order

Monday President Bush decided against commuting the death sentence of former Army cook Ronald A. Gray who was convicted for multiple rapes and Murders in Fayetteville NC in the late 1980’s.

In civilian courts in North Carolina, Gray pleaded guilty to two murders and five rapes and was sentenced to three consecutive and five concurrent life terms. He then was tried by general court-martial at the Army's Fort Bragg. There he was convicted in April 1988 and unanimously sentenced to death.

Source

Job well done President Bush!!!!
However, the appeals process and possible litigation is still in play and that according to the article:

Bush's decision, however, is not likely the end of Gray's legal battle. Further litigation is expected and these types of death sentence appeals often take years to resolve.

Often take years to resolve?
How many more years can it take? This criminal has been sitting in Leavenworth Military Prison for 20 years. He was not only convicted and sentenced harshly by the State of North Carolina but he also was court marshaled by the Armed Services and sentenced to death. The evidence in this case is overwhelmingly in the prosecutions favor as there was even an eye witness account of Mr. Gray’s terrible acts.

So we need to ask; what is to appeal?

According to Gray’s former attorney the factors of State of Mind of the criminal and the Competency of the criminal’s legal council, need to be looked at and are items for appeal.

Alright let’s look at those two items first. As to state of mind we can all agree that anyone who is prone to rape and murder is suffering from some kind of mental disorder. They are unable to either curb their violent urges or they simply do not understand that said urges are wrong. In either case, by succumbing to the passions that so caused the perpetrator to commit rape and murder, they are making clear that they are mentally deficient in some way. For to commit the act, they admit through actions the failure of their minds.

Does this exclude society from punishing the criminal? I think not, for if it did then no criminal would ever be prosecuted as they would all be proven as mentally deficient. Needless to say, State of mind, and temporary insanity defense strategies have been plaguing our judicial system and will continue to do so for many years to come. However, let us be honest, the State of Mind of the criminal is but smoke and mirrors put forth in their defense in attempt to lessen or dismiss sentences and or charges. How long do you think it takes to come to that conclusion, especially for those lawyers and judges who practice the art of law everyday?

Evidently it takes about 20 years for them, for the rest of us it takes about 15 minutes.

So the next appeal question is; “Did the defendant have sufficient, competent legal representation at his/her trial?”

This is a very important issue and one not to be taken lightly considering the fact that the death penalty is being imposed. If the defense team, is shown to be incompetent, or that they failed to give their client a vigorous and thorough defense then of course this, I say, is definitely grounds for appeal of a conviction. But, how long does it take to make such a determination?

From time of arrest to trial, Mr. Gray had approximately a year to not only formulate his defense but to determine if his lawyers were adequate to the task. Right, so it takes 12 months to build a defense, and 20 plus years to decide if that case was properly represented? Am I the only one here that has a problem with this? It doesn’t make one bit of sense for; if the courts and the military cannot decide the facts and merits of the case in at least the same time it took to build in the first place then I say those who are charged with investigating the conduct of the trial are in need of a bit of schooling.

Not only is this 20 years of appeals and delay an insult to those who fell victim to this animal, it is also a giant red flag for we the people, as concerns the inner workings of our judicial system.

And what about the Military?

They unanimously sentenced this soldier do death, and yet he still lives. Perhaps I was taught wrong and that things have changed for the men and women in Uniform. What I was taught was that though the civilian authorities do have every right to prosecute criminal behavior by military personnel, that does not exclude or supersede the jurisdiction of the Military over one of its members and that courts-martial and subsequent sentences of courts-martial have precedence in such matters. This is why prisons such as Fort Leavenworth were built to begin with.

So has the Military simply washed their hands of this execution? Or have they become so bogged down with the whys and wherefores of the judicial branch that they cannot even carry out this most simple of sentences? Is it not only their right but also their Duty to execute such sentences once handed down? For by allowing delay they show a weakness on their part which I am sure cannot be good for discipline.

Regardless, this whole case is a travesty, and one that deserves our attention. It is an example of a failed judicial system and a testament to our own weakness.

If ever there was a case that cried out for the old Nordic law “A wolf in hallowed places” this is it. A wolf in hallowed places was a sentence given by the Althing to those who were convicted of such crimes as rape, murder, and robbery. Though they too did hand out death sentences the label A wolf in hallowed places was far more terrible a fate. Once convicted, the accused usually had until dusk to find his way out of the village or hamlet, and that no person could speak, address or assist the convicted in any way. After sundown, the convicted then was fair game for anyone to hunt and kill throughout the country much like one would do to a wolf that prowls through one’s town today.

Savage? Yes but effective.

I congratulate President Bush on his decision to condemn this animal, even though it will have no real bearing on the long drawn out process of appeals and litigation.

Slainte'

Blighter