Oklahoma Executes Double Murderer

An Oklahoma gang member who killed two people in 2002 was put to death today by lethal injection.  of CBS News reports that Michael DeWayne Smith died ten minutes after injection.  A mountain of evidence including his detailed confession resulted in his conviction and death sentence, but in multiple appeals Smith claimed that he was innocent.  Facts presented in an April 26, 2007 decision by the Oklahoma Court of Criminal Appeals indicate that on February 22, 2002 Smith left his apartment armed with a .357 magnum revolver.  He went to the apartment of 41-year-old Janet Moore, whose son Smith believed had snitched on his fellow gang members regarding a robbery.  He kicked in the apartment door and, after learning that the son was not there, Smith fatally shot Moore.  He then went to a convenience store and murdered 22-year-old clerk Sarath Pulluru, took some money and set the store on fire.  He later went to a friend’s apartment and told a woman that he had killed Moore and some person at a “chink” store.  At the time of his arrest, Smith was wanted by police for an earlier killing.

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Feeling Safe on The Subway

An article by Ann Ley in last week’s New York Times begins:  “A string of frightening attacks in the subway amid a broader increase in crime in the system so far this year has put some New Yorkers on edge.”  The article goes on to discuss what experts believe the city and transit authorities must do to make riders “feel” safe.  While data suggests that subway crime is down slightly compared to last year, subway riders do not feel safe.  As Ann Coulter notes in a recent piece on the subject,  “the experts’ ideas were not aimed at actually reducing crime — which to be fair, is impossible if you’re not allowed to put criminals in prison—but to “ease riders’ fears about the subway.”

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Violent Crime Up in Los Angeles

While reported property crime in LA declined last year violent crime has increased according to the Los Angeles Police Department. The City News Service reports that so far this year homicides have increased 28%, robberies are up 9.5% and overall violent crime is 2.9% higher than last year. The interim Police Chief told the city’s Board of Police Commissioners last week that robberies with firearms are up by 2.9% while gang-related robberies jumped by 5.3%. The Chief also noted that residential burglaries are up 4.5%.  These increases, while not as high as 2022, reflect a growing concern that District Attorney George Gascon’s refusal to prosecute most property and drug crimes while undercharging violent offenders is fueling the violence on LA streets.  The county’s decision to eliminate cash bail and simply release suspects charged with crimes pending trial may also be a contributing factor.  It is likely that the drop in reported property crimes is due to the fact that most thefts are cite-and-release misdemeanors under California law.  In LA, even car thieves are routinely charged and released without bail the same day they are arrested. With absolutely no consequences for most property crimes fewer people and businesses see any value in reporting them. A ballot measure currently gathering signatures would, if adopted by voters this November, restore consequences for property and drug crimes.   The defeat of District Attorney Gascon by former Federal Prosecutor Nathan Hochman in this fall’s general election would put a real prosecutor in charge of combating crime in Los Angeles.

Qualified Immunity and Armchair Quarterbacks

Four years ago, Daniel Hernandez died on the street in Los Angeles because of his own inexcusable act of coming at a police office with a raised knife* in his hand and continuing after repeated warnings. So, as is common these days, there were protests and a lawsuit claiming that the police violated his civil rights.

The U.S. Court of Appeals for the Ninth Circuit affirmed the district court’s dismissal of the federal civil rights actions on March 21 in Estate of Hernandez v. City of Los Angeles, though it held that state-law claims can go forward. Parsing the various shots fired by Officer Toni McBride, the court held that the first and second volleys were clearly justified but a third pair of shots presented a question of excessive force. Qualified immunity applies, though, because the law is not clearly established regarding the later shots. This holding raises the usual squeals that the qualified immunity standard is too restrictive, requiring a precedent that is a factual match. See, e.g., this article by Kevin Rector in the LA Times.

I agree with the Ninth Circuit’s legal analysis of the qualified immunity question. It correctly applies U.S. Supreme Court precedents on the subject. What I find troubling about the case, though, is the exercise of people in their comfortable offices carefully parsing video of an event on the street that happened in mere seconds. Continue reading . . .

Newsom Mainstreaming Condemned Murderers

California Governor Gavin Newsom plans to transfer 457 murderers, whose death sentences he postponed, out of San Quentin’s death row and into other prisons across the state. Hannah Wiley of the Los Angeles Times reports that the murderers will be released into the general population at two-dozen high-security prisons where they will have access to more rehabilitative programs and treatment services.  The  goal is to complete these transfers by this summer.  The effort to close down death row follows the Governor’s vision of transforming San Quentin into a Scandinavian-style campus where inmates would be allowed to wear their own clothes and cook their own food while attending classes and participating in job training programs. One wonders how safe it is going to be for the inmates serving time in the prisons where the state’s worst murderers are transferred.

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New York’s Formula For More Juvenile Crime

As serious and violent crime is slowly retreating from their 2022 highs, juvenile crime has sharply increased.  Liberty Unyielding has this article examining what happened in New York after the legislature passed the”Raise the Age” law in 2017.  That law reduced the punishment for 16 and 17-year-old criminal offenders.  The Albany County District Attorney David Soares, who immigrated to the U.S. from Africa, witnessed the impact of that law.

“Since that law passed, youth gun crime statewide has doubled—and youth gun victimization has nearly tripled. About 75 percent of violent felony cases now get handled in family court, which returns teens to the streets, where they often commit new crimes or become victims themselves of tit-for-tat gang warfare. “We witnessed the murder of a young man at the hands of another young man that had gone through the family court Raise the Age process . . . a minimum of three times,” Soares told local legislators in July. This was a system that was never designed to handle or deal with violent—super, super violent—youth.”

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Georgia Resumes Executions

In 1993, Alicia Lynn Yarbrough died in a nightmare scenario. The ex-boyfriend who wouldn’t go away broke into her home with two accomplices and abducted her at gunpoint, leaving her baby unattended in the house. The three men later gang-raped her, forced her back into the car, and drove to another location. Willie James Pye then forced her to lie face down and shot her three times. There is no doubt of guilt. The accomplice’s confession is confirmed by DNA. Long overdue justice was finally carried out last night, the first execution in Georgia since the pandemic. Continue reading . . .

Flying Under the Influence

Gareth Vipers reports for the WSJ:

A Delta Air Lines pilot was sentenced to 10 months in jail for turning up for a flight more than two-times over the aviation alcohol limit.

Lawrence Russell Jr. was caught trying to board a plane with two bottles of Jägermeister in his carry-on luggage, one of which was half empty, according to court filings released Tuesday. Continue reading . . .

Supreme Court Copes with Sloppy Drafting in the First Step Act

In 2018, Congress passed the First Step Act to water down federal sentencing law. I was critical of many provisions of the act at the time, see here, here, and here, though I did agree that some sentences were too harsh and could use a bit of moderation. Mandatory minimums were particularly under assault. I believe they serve a useful function, but some were overboard.

The previous version of 18 U.S.C. § 3553(f) had a safety valve allowing judges to let a defendant off from an otherwise mandatory minimum for certain drug crimes if all five of its listed requirements were met. The criminal history requirement was very narrow, and there is no doubt that the 2018 Congress wanted to open the door wider. But how wide? Unfortunately, the drafting of this section was sloppy, and today the Supreme Court disagreed sharply on how to read it. The case is Pulsifer v. United States. Continue reading . . .