Actual Innocence or Actual Death

One of the first posts to this Blawg was prompted by the remarks of Supreme Asshat 'Nino Scalia, to the effect:  that,  "[the Supreme] court has never held that the Constitution forbids the execution of a convicted defendant who has had a full and fair trial but is later able to convince a habeas court that he is ‘actually’ innocent. Quite to the contrary, we have repeatedly left that question unresolved, while expressing considerable doubt that any claim based on alleged ‘actual innocence’ is constitutionally cognizable.”

This stunning statement came in dissent to the Supreme Court order remanding the case of Georgia prisoner, Troy Davis who was awaiting imminent execution despite compelling evidence of "actual innocence."   Yesterday, The New York Times reported on the declaration in the State Supreme Court of New York for Manhattan that Justice John Cataldo declared Fernando Bermudez "actually innocent" in overturning a conviction for murder.  Mr. Cataldo spent 18 years in prison for a crime he in fact did not commit.   The judgment of Justice Cataldo hastens the day that jurisprudence in this country will take cognizance of actual innocence as a substantive defense to being put to death; imagine that...actual innocence!  Wake up 'Nino!

On a separate track, the Ohio's official killers think they have figured out how to deal with killing people without the "3-drug cocktail" problem that screwed up the September scheduled killing of Romell Broom (pictured at with the next guy Ohio intends to kill.)  The new 1-drug method is how they kill dogs and cats, and is "more humane" according to the official killers for Ohio.


For more on our "humanity" see:  http://blog.cleveland.com/metro/2009/11/new_lethal_injection_policies.html
and http://www.nytimes.com/2009/11/23/nyregion/23innocence.html?_r=1&ref=nyregion

Oh, and in Iran, the official killers, cut to the chase--your politics will suffice to get you the death penalty; and, in both Iran and Somalia, your alleged sexual activity.  Oh they don't care about actual innocence either. Nice company we keep.

See:  http://www.nytimes.com/2009/11/23/world/middleeast/23iran.html?scp=1&sq=iran%20executions%20&st=cse and ://www.nytimes.com/2009/10/24/world/africa/24somalia.html?scp=1&sq=somalia%20stoning&st=cse