Showing posts with label Nifong. Show all posts
Showing posts with label Nifong. Show all posts

Sunday, May 13, 2007

The Chain of Love

On Mother's Day Weekend, I'm thinking that Life's greatest gift must be to have a good Mom. Being born beautiful or "privileged" or talented is hardly equivalent to being born to someone to whom you matter more than life itself.

I had a Mother like that. She made me feel special when I wasn't, safe from half a continent away, secure in her never-ending support. Her confidence in me encouraged me not to fear criticism or failure, for I would never be without at least one "fan." At age five, I spent an afternoon preparing a surprise for her. Her bridge club was coming to our home that night, so, helpful child that I was, I colored on all her best napkins... flowers and hearts, heavy crayon all over the linen. I presented them proudly, at the last minute, as she began to set her table. She never lost her smile, as together we set them at each place. When her friends arrived, she "showed off" my handiwork, and I went off to bed so pleased to have enhanced her table decor. I'm sure none of her friends left with crayola smears, but I never knew a switch took place. Years later, as a Mother and an often harried "hostess" myself, I admired beyond words her compassion and her composure.

Mother had two great remedies for whatever Life threw at you: a pot of tea and Vicks VapoRub. Crying in my pillow late at night over some lost love, she'd make us tea (very strong tea...5 teabags brewed for 5 minutes) and assure me, "This will help you sleep."

It did. My mother's love was, in those days, more powerful than caffeine.

My Mother also believed in the medicinal properties of Vicks. My husband attributes my non-complaining attitude toward illness to this day... to my fear of being coated in Vicks as I was as a child. My Mother raised no hypochondriacs, that is certain.

First and foremost, I'm thinking of her today.

But we've "met" some other great Moms in this last year. Indeed, it was the one saving grace in this whole Nifong-Mangum Hoax ordeal, that these boys came from such strong and loving families. So I was not surprised really to read the news article this week that spoke of Mary Ellen Finnerty's compassion for Maggie Anthony, another Mother in distress, in sorrow.

I once read a definition of great sorrow that I've never forgotten. The pain, the author wrote, was like a color: indescribable, except, of course, to others who've had the similar misfortune to be consumed in that same hue. "Outsiders" can imagine. They can empathize. But without that special lens of similar suffering, they just cannot "see." They are color-blind to the tones and tints of that particular suffering... that can almost envelop the seer-initiate in its intensive wash.

So, we've seen in recent years, in our various towns and cities, unique and definitive support groups spring up..."color-coded" to specific sorrows. They enable us to share our stories with others that know, first hand, the shades and intensity of the "color" of our pain. Parents of Murdered Children, Gold Star Moms, and many others...all encourage us to open up and find comfort in bonding with others in similar situations. The Duke lacrosse team families found themselves in a unique position: they were, indeed, fortunate to have had the support of an already organized group of dedicated and loyal team families. Many of us marveled from afar at the bond between all of them and the continual effort to sustain and support each other. It was truly inspiring to watch. Honestly, I doubt they otherwise would have found the niche group they needed. Has the charter chapter of The Parents of the Prosecutorially Imperilled been formed yet?. The more I read, the more I believe the number of eligible members out there might be very significant.

So, as we approached Mother's Day weekend this year, it was again inspiring to read that Mary Ellen Finnerty, whose own son is now exonerated, whose circle of support is still fully intact, made the personal effort to reach out to another Mom, alone right now with the "color" of her pain,... Maggie Anthony. Ms. Anthony is the mother of Eric Volz, another young man whose life is imperilled by an abuse of power and legally authorized lies. His ordeal is taking place in Nicaragua, a country just as foreign, strange, and seemingly mob-ruled as Durham, North Carolina. We can only imagine how fear is amplified when reason and rule of law are abrogated, and your child is in the crosshairs of corrupt authority. We can only imagine...but we can't know.

But Mary Ellen Finnerty knows. And she's extended that gift of understanding to a stranger in great need.

Mary Ellen Finnerty knows the "color" of Maggie Anthony's pain. She saw that color daily for over thirteen months. She knows the frustration of seeing truth trumped by ambition, agenda, acquiescence, and all of the above. Friday's "report" from "Generals" Baker and Chalmers proves that the lack of respect for the rule of law is not limited to third world countries far away. The Banana Republic of Durham is a kingdom, apparently, unto itself, right here in North Carolina. Even the city's largest employer, Duke University, fumbles wordless in fear, afraid to confront the corruption. Indeed, the Brodhead administration is like some fat American oil company, comfortably situated in some corrupt little foreign dictatorship, willing to overlook any abuse in order to keep its place, and profit, and the goodwill of the "locals."

But on Mother's Day weekend, I'd rather not focus on folks like Brodhead and Burness and the 88, who, rather than speak truth to power, choose, instead, to sacrifice the powerless to their own expediency. Who, even today, are shamefully silent...preferring to uncomplainingly allow the Duke students in their care to continue to live surrounded by a corrupt police force operating under the aegis of a rogue prosecutor.

I might ask where's the "Listening Ad" that shows Brodhead, Burness, and the 88 were "listening" to the AG's report? Where's the ad objecting to the actual physical threats we heard against Reade Seligmann? Where's the ad objecting to hate groups creating an atmosphere where certain Duke students were forced by fear to flee their dorms and sleep in their cars? Do these students matter less to the sensitive, caring, 88 professors than others do? Or does the color of their skin and the content of their daddies' pockets exempt them from certain professorial compassion? It's not too late! Where's the ad showing you care about the 13 month ordeal of the lacrosse team?

I might ask where's the Brodhead response to the obvious corruption in surrounding Durham that affects the Duke campus this very day? Where's the call to have Nifong resign? Where's the demand to have the SBI investigate the framing of Duke students? Where's the outrage at the acknowledged targeting of Duke students by police? Where's the courage and concern for the students in your care? Where's the forceful presence of the largest employer in the area DEMANDING Durham remove its corrupt and possibly criminal agents...and reform those who are left?

I might ask, "Where's the outrage?"

I might ask, "Where's the leadership?"

I might ask, "Dickie, won't Wahneema let you?"

I might ask if the Mothers (and Fathers) of Duke students don't deserve much, much better for their children and their tuition money than what the Brodhead administration chooses to provide ?

I might ask all this, but it's Mothers Day and I'd rather think about the Moms.

One of our Moms, Mary Ellen Finnerty, provided us some much needed leadership and an excellent example this week. She "linked" us to Maggie Anthony and Eric Volz...another family in desperate need right now. She brought our attention to another case that could use the passion and skills Blog Hooligans brought to the Nifong-Mangum Hoax. Mary Ellen can offer Maggie the color-coded empathy only she can share, but Blog Hooligans can gift the Volz family with the raucous intensity and research that is their strong suit.

So on this Mothers Day, we can tell Maggie Anthony that she and her son are not alone. We're here. Mary Ellen Finnerty sent us.

The Finnerty-Anthony story also reminded me this week of that wonderful concept of "Pay it Forward"... wherein we keep the chain of human compassion and outreach ever extending, ever growing. A simple country tune called "Chain of Love" can compete with any of my poetic references in explaining it best:

You don't owe me a thing, I've been there too
Someone once helped me out,
Just the way I'm helping you
If you really want to pay me back,
Here's what you do
Don't let the chain of love end with you

Happy Mother's Day to all Moms everywhere, who daily, dutifully,and lovingly, set the example and extend "the chain."

Joan Foster

Thursday, May 10, 2007

Nifonged in Nicaragua: "I think about her every day"

A touching article by Peter St. Onge in today's Charlotte Observer details the recently forged bond between Mary Ellen Finnerty, the mother of Collin Finnerty, and Maggie Anthony, the mother of Eric Volz.

St. Onge writes:
One month before he was declared innocent in the Duke lacrosse rape case, Collin Finnerty came to the breakfast table of his family's Long Island home. "You have to read this," he said to his mother, Mary Ellen.

He pointed her to the family computer, where she found stories about Eric Volz, a 27-year-old American imprisoned for murder in Nicaragua.

She read about the shaky case against Volz, about prosecutors ignoring evidence that cast doubt on his guilt.

She thought instantly about the young man's mother.

The fear. The powerlessness.

She wanted to reach out.

"I knew," she says.

Like Mary Ellen Finnerty, Maggie Anthony is a decorator. The start of 2007 brought promise of exciting projects, but Anthony could focus only on her son's February trial 1,600 miles away. Eric, worried about local anger toward him, urged his mother to stay in Nashville, Tenn.

...

Maggie Anthony went to work. She teamed with her husband and Volz's father to raise defense money and contact media, senators and the State Department. She visited Eric in prison frequently, providing updates on the case and bringing him stacks of supportive e-mail.

On one visit, Eric handed an e-mail back to her. It was from Mary Ellen Finnerty.

`Instantaneous connection'

On April 11, N.C. Attorney General Roy Cooper dismissed rape charges against the three Duke lacrosse defendants. Mary Ellen Finnerty was in North Carolina for the announcement, and her Blackberry soon filled with congratulatory messages.

During a free moment, she scrolled through the well-wishes and stopped, surprised, on one e-mail. Maggie Anthony, unaware of the good news, was writing to thank her for e-mailing Eric.

The two spoke by phone when Finnerty returned to Long Island. They talked about their sons' cases, and about their lives, their fears. Sometimes, there was simply silence.

"There was this instantaneous connection of the heart," says Anthony.

Says Finnerty: "She's a woman of incredible strength."

There is, each says, much that is different in their sons' experiences, but much to share. Each talks about trying to stay strong for their families, and about the importance of showing the world the sons they know. Collin is shy and quiet, says his mother, not the egotistical athlete some painted him to be. Eric, says his mother, is thoughtful and socially conscious, an advocate for women's rights.

Each also talks about tunneling their worries into work for their sons -- but knowing, ultimately, the limits of that work. "It so frightening because you have lost control," says Finnerty. "That's what's so scary."

After that first conversation, Finnerty contacted journalists she met from her son's case to tell them about Eric Volz. "It was frustrating that Eric's case wasn't getting the same press," she says. Perhaps in part from that assistance, the story has gained national attention, led by frequent updates on CNN.

A three-judge panel will hear Volz's appeal at an undetermined date. The U.S. Embassy in Nicaragua is monitoring the case, says consul general Marc Meznar. "We are afraid the judge's decision was influenced by sentiment on the street," he says.

Says Anthony: "We're just waiting."

Says Finnerty: "I think about her every day."

This week, sometime before Mother's Day, the mother from Long Island will call the mother from Tennessee. There will be no updates needed -- Mary Ellen Finnerty checks Eric Volz's Web site regularly -- so the conversation probably won't be long.

It won't have to be.

"You just know that she knows," says Anthony. "She understands."
If time allows, please read the balance of the story here.

Tuesday, April 10, 2007

Craig Watkins - The Anti-Nifong


On January 1, 2007, Dallas County District Attorney Craig Watkins took office after campaigning on a pledge to be “Smart on Crime.” Watkins billed his election bid as a challenge to defeat not only his opponent, career prosecutor Toby Shook, but also “the system that has failed us.” A little more than three months after taking office, D.A. Watkins has proven that his words were more than mere campaign rhetoric for Dallas County’s first black prosecutor.

Prior to the election, the Dallas Morning News described Watkin’s campaign bid as a “classic insider-outsider” battle.
“Even without a sitting district attorney on the ballot, the campaigns of Republican Toby Shook and Democrat Craig Watkins have shaped up along classic insider-outsider themes.

“On the campaign trial, Mr. Watkins, a defense attorney who has never prosecuted a felony case, wears his relative lack of prosecutorial experience as a badge of honor. He promises to shake up the office with progressive criminal justice ideas.

“The difference between the two of us is, not only am I running against the guy standing next to me, but I’m running against the system that has failed us,” he said in a fall campaign appearance.

“Mr. Watkins’ “Smart on Crime” message includes a promise to give low-level offenders second chances to avoid prison through diversion programs. He also would lobby for better education funding and rehabilitation for convicts.

“Our role is more than just prosecuting criminals,” he said. “Our role should also be prevention and addressing why people commit crime. I will not just sit back and wait for someone to commit a crime.”
In an interview with Michael Cottman of BlackAmericaWeb.com shortly after taking office, District Attorney Watkins described his progressive ideas and the precedent set by his election.
“Since he was 16 years old, Craig Watkins dreamed of becoming the district attorney of Dallas, the city's top prosecutor. Last month, after two decades of legal preparation, his dream became a reality.

“On January 1, one month ago, Watkins, a native of Dallas, took over as his hometown's first black district attorney, with a progressive philosophy for overhauling the city's criminal justice system at a time when Dallas leads the nation in crime.

“Moreover, Watkins is the first black D.A. in Texas' history.

"It's exciting to be Dallas' first black D.A., but it's also disappointing that in 2007, there is still room for firsts," Watkins told BlackAmericaWeb.com. "This position was coveted for certain people for a long time."

“Watkins, 39, wants to shake up the Dallas criminal justice system. He's a young lawyer with a fresh ideology that will likely raise some eyebrows among the conservative base in the Dallas community.

“For starters, Watkins wants to analyze the underlying causes of crime, provide educational resources while inmates are incarcerated and provide them with knowledge to become successful citizens once they re-enter society. He also wants to diversify his staff of more than 200 prosecutors.

"While we have their attention, we want to give them resources to help them get back on their feet," Watkins said. "We want to help them use their time wisely, not sit back and hope they have a come-to-Jesus moment on their own. We don't want to send folks to prison to teach them to be a better criminals."

“Watkins said that in the past, Dallas prosecutors had "a lock' em up and throw away the key mentality" where inmates are "warehoused" and essentially ignored. He said he wants to change the old-style thinking and offer inmates a different path for life.

“He took over an office this month where a prosecutor once produced written guidelines for keeping minorities off juries, and 12 inmates last year were exonerated for crimes they didn't commit. And today, Dallas has the nation's highest crime rate.

"We're not going to have a rush to judgement," Watkins said. "The whole criminal justice system in Dallas is on trial while sending innocent people to jail."
While the precedent set by Watkins’ election is noteworthy in terms of race and interesting with regard to his progressive ideology on education and rehabilitation, what caught our attention is his determination to ensure that justice is served by his office. Perhaps the best definition of Mr. Watkins as the antithesis to Durham County D.A. Mike Nifong is his resolve to ensure that innocents are not prosecuted and that those who have been are exonerated.

The Washington Post’s Sylvia Moreno in a recent article detailed a February conversation with D.A. Watkins about his progressive ideas, characterized by his opponents as “Hug-A-Thug” programs, and his aversion to the Nifongian “conviction at all costs” mentality.
“In November, Watkins, 39, was elected as part of a Democratic sweep in Dallas in which the party took 42 judgeships and six other countywide offices. He is the first Democratic district attorney in 20 years. During the campaign he promised to be "smart on crime," not just tough on crime; to ask for the death penalty when appropriate but also to advocate for better rehabilitation programs and post-release support services for ex-convicts.

"You know what people call it? 'Hug-a-thug,' " said Watkins, imposing at 6 feet 5 yet soft-spoken, as he sat in his office after his latest "guest of honor" appearance, at a local high school's Black History Month assembly. "People say I'll coddle these criminals. But it's not about coddling criminals; it's about being smart."

“That, he believes, means ensuring that the right people are behind bars.

“Post-conviction DNA analysis in certain cases has been allowed in Texas since 2001. Since then, 354 people convicted in Dallas County -- most were in prison, but some were on parole or probation or were done with their sentences -- have asked for the DNA testing. The Dallas district attorney's office agreed to 19 requests; trial judges, who reviewed the district attorney's recommendations, ultimately granted the requests of 34 people.

“That, said Watkins, tells him a "get a conviction at all costs" approach "utterly failed us."

"The question becomes: Do you stand in the way of justice or do you be the wind behind it to make sure that justice gets done?" Watkins said. "We're not being soft on crime. We're being sure we get the right person going to jail."
Yesterday’s exoneration of James Giles, a man wrongfully convicted of rape in 1982 after investigators ignored evidence that another James Giles living across the street from the victim committed the crime, represents the third such exoneration in Watkins’ young term as D.A. and the thirteenth for Dallas County in recent years.
“James Curtis Giles spent 10 years in prison for a gang rape he has long said he did not commit. On Monday, more than a decade after his release, a prosecutor told the court that his arrest had been a case of mistaken identity, and the judge recommended he be exonerated.

“If the appeals court formally approves State District Judge Robert Francis' recommendation as expected, Giles, now 53, will become the 13th Dallas County man to be exonerated since 2001 with the help of DNA evidence.

“The Dallas County District Attorney's office and Giles' Innocence Project lawyer, Vanessa Potkin, both said they had evidence showing Giles was innocent of the 1982 gang rape of a Dallas woman.

“A man who pleaded guilty to the gang rape, Stanley Bryant, implicated two other men in the crime: a James Giles and a Michael Brown. DNA evidence linked Brown and Bryant to the crime, Smith and Potkin said. Brown was never tried and died in prison after being convicted of another gang rape.

“Police eventually arrested James Curtis Giles, who lived 25 miles away and did not match the description of the attacker given by the rape victim, Potkin said. Giles was about 10 years older and had gold teeth. He also had an alibi; he and his wife told police he was asleep in bed.

“Investigators ignored another man with a similar name: James Earl Giles. That Giles lived across the street from the victim and had previously been arrested with Brown on other charges, the attorneys said. He died in prison in 2000 while serving time for robbery and assault.

“…A witness recently identified the other man, James Earl Giles, in a photo lineup, Smith said…

“He is scheduled to appear Tuesday at the state Capitol in Austin with Barry Scheck, the co-director of the Innocence Project, a New York-based legal center that specializes in overturning wrongful convictions. They are scheduled to speak at Senate hearings regarding three reform bills designed to reduce wrongful convictions in Texas, said Eric Ferrero, a spokesman for the Innocence Project.

“Giles, who is black, would be the 13th Dallas County man since 2001 exonerated by DNA evidence, the most of any county in the nation. It would be the third exoneration since District Attorney Craig Watkins took office on Jan. 1 pledging to free anyone wrongfully convicted.

“Watkins, the state's first black district attorney, took over an office with a history of racial discrimination, including a staff manual for prosecutors that described how to keep minorities off juries.”
In an unprecedented move in the right direction, District Attorney Watkins has opened his office’s files to the Innocence Project in an effort to identify other cases of wrongful convictions that offer the opportunity for exoneration by DNA evidence.
"We had to make this move. We're going to do things right in Dallas County and right some wrongs that have been done in the past."

“…in an unprecedented act for any jurisdiction in the nation, he announced he would allow the Texas affiliate of the Innocence Project to review hundreds of Dallas County cases dating back to 1970 to decide whether DNA tests should be conducted to validate past convictions. At 12 in the past five years, Dallas has more post-conviction DNA exonerations than any county in the nation and more than at least two states. A 13th exoneration, of a Dallas County man, is expected to be announced within days…

“Most of the exonerations date to cases tried in the 1980s under Dallas's legendary law-and-order district attorney, Henry Wade. Attempts to reach Watkins's predecessor, Bill Hill, were unsuccessful.

“This time, the screenings of cases to determine whether they are eligible for post-conviction DNA testing will be done by Texas Weslayan University School of Law students. They will work under Mike Ware, an adjunct law professor and board member of the Innocence Project of Texas, who believes that prosecutors and judges may have previously taken an overly stringent view of the Texas statute and denied testing that might have led to exoneration.

"I have to respect [Watkins's] willingness to certainly take his oath of office to heart and be dedicated to true justice, which is what his oath of office requires," Ware said.