November 17, 2003, Not Guilty (Not!)
Accused D.C. Sniper John Mohammed failed to impress a Virginia Beach jury with anything other than that he is incredibly guilty of the four counts against him, including capital murder and terrorism, which carry the death penalty. We can assume that in a few weeks' time, Mohammed's then-17 year old compatriot in crime, Lee Malvo, will likely also be found guilty (he's relying on an insanity defense, I understand). We can then assume that both men will join each other on Virginia's death row, while the case screws around the the Commonwealth's appeals courts for the next several years.
In addition, we can expect additional trials, either in Virginia, Maryland or D.C., depending on the preferences of prosecutors.
Once again, a diatribe on my opinion of the death penalty. Unlike most "opponents" of the death penalty, I see nothing intrinsically cruel or barbaric about the state putting someone to death; the state certainly thinks nothing of doing it in the context of a police shootout or a war, so why be squeamish about it for a capital crime. Further, its not as if life imprisonment is "nice". My problem is that I tend to regard the state as too corrupt an institution to carry out such extreme sentences; and even the judiciary, which may be better suited than the other two brances of government to impose such a sentence, is nowhere near reliable enough for such matters, IMHO.
I have said in this column at various times that the arbitrary manner in which we administer the death penalty in these United States, where the decisive factors of who gets executed are the race of the victim, and the race (or at least income level) of the defendant, which in turn directly affects the quality of defense counsel, should give everyone pause about how we do it, and in my view, the best course would be not to execute anyone at all, until those particular systemic foibles are worked out (which, will, of course, likely never be worked out).
So, not that watching Mohammed (or Malvo) be put to death will bother me all that much in its own right, but I tend to oppose all death sentences-- even theirs-- and would hope that the outrage from not being able to execute particularly egregious offenders should create political impetus to see to it that state-provided defense counsel are properly trained and compensated, and that racial issues really don't bear on death penalty decisions, so that all defendants get a fair trial, before we even consider capital sentences. Except I know that this ain't gonna happen. Yee ha.
Comments
I oppose the death penalty because there should be a difference between what we do and what they do - which is debatable, I guess.
The awfulness of life in prison doesn't deter me, though, so I guess I'm not as nice a person as all that...
Posted by julia at November 18, 2003 10:03 AM
Unlike most "opponents" of the death penalty, I see nothing intrinsically cruel or barbaric about the state putting someone to death; the state certainly thinks nothing of doing it in the context of a police shootout or a war, so why be squeamish about it for a capital crime.
I suppose the question of intent is important here; after all the whole point about police/war situations is that violence should be legitimately deployed to preserve life and peace and not to destroy it.
Further, its not as if life imprisonment is "nice".
But ain’t that the point! I am not a religious person, so I don’t really have much belief in an after-life – hence death is too good for these suckers. Confined imprisonment without the possibility of parole is much more of a punishment in my eyes, as is hard labour; I have seen some more the rougher prisons and I can tell you a few decades in them is ample punishment; much more so than a painless injection. You want to crack someone up; stick them in solitary for a few years and that will do it for all except the hardcore psychopaths and even they will have a hard time of it. Seems to me to be much more of a punishment than execution.
Posted by Conrad Barwa at November 20, 2003 10:46 AM
This is the story of a disabled, American Marine, war veteran about to be kicked out of the country he loves. George Ybarra has been incarcerated by our government, for being at home and living a normal productive life. Does this sound impossible? Our government would never do that to a U.S. Marine, Right? Wrong!
George was born 10-6-64 in Nogales, Sonora Mexico. In January 1965, when George was a few months old he and his mother moved to Tucson, AZ. to live with his grandparents, where his mother had grown up. When George was six the whole family moved to Phoenix, AZ. George started school and did well, he earned many trophies for his talents in baseball and boxing. He worked his way through high school to help the family make ends meet. During high school George enlisted in the marines he was very excited and he left right after graduation. He excelled in the Marines and married his high school sweetheart. They started a family and have four children who he loves very much.
Our country went to war and George was called to the Persian Gulf, he was given anthrax vaccine, pyridostigmine bromide and other chemical concoctions. He was shipped off to war, he describes it as almost another world smoke and fire everywhere. Heat, dust, wind and M.R.E.’s everyday for months. He loved it. George said, he wishes he could serve and protect his country in this time of constant threat. Instead he is locked up and feeling useless. George Ybarra served six years then was honorably discharged. He was 10% disabled due to an injury to his hand that happened during a training exercise that required pins to repair. In addition to the pain in his hand, George suffers from headaches, muscle aches and spasms, memory loss, stress and anxiety, as well as other symptoms associated with being in the armed forces at that time.
George returned to his family and civilian life, he worked hard but was in pain. He began to self medicate. He became dependent on illegal drugs and was caught and arrested. George entered into a plea bargain and was given probation, but the dependency didn’t stop. His marriage failed and he lost his job. George was arrested for drugs again and his probation was revoked, he was sentenced to seven years in prison. George served four years in the Arizona State Prison, where he earned certificates in computer science, wastewater management, business and completed courses in overcoming drugs. George also worked in the law library until he was paroled in 1999, but George wasn’t released after paying for his crimes.
George was handed over to the INS where a hearing was held and since George was not an American Citizen, he was deported from the US to Mexico. George was restricted from returning to the US. George was dropped off in Mexico, George returned to Phoenix, AZ. To the only home he’s ever known and to the family he hadn’t seen in four years.
While George had been home he had a good career as a car salesman, he had purchased a home and vehicles. George had been living a drug free, productive life. He regularly visited the V. A. hospital and was on medication for the pain he suffers.
On July 3,2003, George was at home getting ready for work, when armed immigration agents entered his home and arrested him at gunpoint. George’s children are confused and devastated at the thought they may have to grow up without their father. His checking and savings accounts are inaccessible to him making it very difficult for him to afford legal representation. This has also made it impossible to make his monthly mortgage and car payments. George's home is now in foreclosure and his vehicles will be repossessed. George is charged with reentry into the US, the charge carries a twenty-year prison sentence and then he will be deported to Mexico again where he doesn’t know a soul.
Since all of this has happened George has learned of a law that would allow him to acquire derivative citizenship through his grandfather, who is an American citizen born in Bisbee, AZ. George must prove his grandfather was physically present in the US during the years 1933-1943. George’s grandfather worked as a migrant worker in Arizona during these years, so finding documents has proved impossible.
If you believe this is not how our government should treat those who have risked their lives to serve our country. If you believe a person who has lived in the USA since he was born and loves this country should not be taken from his children because he was born two miles too far south. If you believe a person should only pay for a crime once. If you believe our government does make mistakes and you would like to help fix this one. Please do what you can, send this to others, talk to people about it, write your congressman. If you would like to show your support or comments please contact us at: DEPORTEDMARINE@hotmail.com or George Ybarra PO Box 8832 Phoenix, AZ. 85066-8832
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