P.U.R.E.

REPORT NEWSLETTER
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ISSUE 4 - JUNE 2011 $2.00

True Knowledge can break through the boundary of our Ignorance, and allow the mind to achieve Great success

Issue 4. June 2011

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P.U.R.E. REPORT NEWSLETTER

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The P.U.R.E Report Staff

KAMAU P. EMERSON - Editor ERIC CATHEY - Distribution Assistant.

Editors Introduction
My genuine gratitude I give to each of you for your support and contributions, Indeed, they are profoundly appreciated. Now if you will allow me to continue the writing of this editorial with a quote from Barack Obamas commencement address at Knox college. The then U.S Senator stated: One by one, abolitionists emerged to tell their fellow Americans that this would NOT be our place in history. That this was NOT the America that had captured the imagination of so many around the world Now that particular passage was pertaining to those Brave men and women who stood up and fought for the abolishment of slavery. However I believe that Mr Obamas statement is also (and Indeed should be) The state of mind of every person that morally understand, that having the death penalty In our society is wrong. Of course for those who are undecided about their stance concerning the death penalty, its natural for you to resist the thought, urge, or even desire to stand up and fight for a person convicted of capital murder. For they themselves quite possibly have committed what we may believe to be the ultimate sinful act. However, at the same time, let us be reminded of the words of Jesus when he addresses the crowd that condemned the adulteress, where in its written he said : you without sin cast the first stone Essentially Jesus was saying that we all are no different than the person thats being condemned. Now Im not saying we should excuse murderous behavior or treat it lightly, but what I am saying, is that we should not be so quick to condone the taking of a life. Now perhaps taking a stance against the Death penalty creates apprehension in your heart, or maybe you are still not convinced that its a good idea to do so. Then bear this important fact in mind. The gift of life is a precious and sacred blessing that is more valuable than anything on earth. And its a gift thats irreplaceable. Furthermore, with the fact that our judicial system is flawed by corruption, greed, racial bias, and a multitude of other errors, its more than likely that the execution of Innocent people have already occurred. And that alone should be reason enough to stand up against the injustice the death penalty presents. Now I could go on and list the statistics on various areas and give a variety of legal reason why capital punishment needs to be abolished. But I will not do that at this time. Because I want the focus to remain on the humanity aspect of things. Especially since in America, the main stream media have a tendency to make us view the men and woman on death row as less than human. But the fact is, whether innocent or guilty, those incarcerated on the row are human just like you. They are men and women, with family, friends and loved ones. They are also people who have dreams, spiritual beliefs, character flaws, fears, the ability to love and possessing the capability to change. So when the state sanction murder of these human beings occur, not only is the gift of life destroyed but a profound devastation transpires in the lives of those who loved those men and women. My friends, we live in a great nation and the perpetual cycle of legalized assassination should not be part of the legacy we leave behind as a testimony of history. So if you are ready to be like the brave abolitionist of old, then take a stance. Get involved in a community organization against the death penalty. Also contact your State Representative and let your voice be heard, that capital punishment should be abolished. Because the world is watching people, and its time for a change. Peace, solidarity and P.U.R.E love. Editor. Kamau P. Emmerson

KAMAU P. EMERSON - State Correspondent. HOWARD GUIDRY WILLIE T TROTTIE TONY MEDINA MOYO NURU SANDIE BLANTON - Nation Correspondent. - Legal Correspondent. - Staff Writer. - Staff Writer. - Co- Editor.

Guest Contributing Writers for this Issue

Preston Hughes Anthony Doyle Anthony Francois Charles Chucky Mamou Milton Gobert Luis Ramirez. R.I.P

INSPIRATIONAL QUOTE
We the people are no longer enslaved, but the credit does not belong to the framers. It belongs to those who refused to acquiesce in outdated notions of Liberty Justice and Equality, and who strived to better them .. By Thurgood Marshall

THE P.U.R.E. REPORT NEWSLETTER

Issue 4 June 2011 $2.00 ----------------------------------------------------------------------------------------------------------------------------------

EXCLUSIVE INTERVIEW
Revealing Claims of Innocence Part 2
In this second segment of Innocence revealed, our interview session is focused on Preston Hughes III, and at forty five, Preston who is slightly over weight and wears glasses bears more of a resemblance to a college professor rather than a convicted felo n. Now within this interview this outspoken East coast Native shared with us some rather startling insight about the circumstances concerning his case. So let us reveal to you exactly what transpired. The P.U.R.E REPORT: Greetings of solidarity and peace Preston. I do hope your day has been well. PRESTON HUGHES III: Greetings of solidarity and peace to you also my brother. Yes my day has been going well considering the unfortunate circumstances. I hope all is well with you and your family. The P.U.R.E REPORT: My family and loved ones are blessed, so thank you for your well wishes concerning them. Now Im sincerely glad you could join the P.U.R.E report for this interview on our special segment of Revealing claims of Innocence. Its absolutely appreciated. PRESTON HUGHES III I am very happy to be here today to give this interview. The P.U.R.E REPORT: Now Preston, I like to begin these interviews by giving our readers some history on the interviewee, that way the reader will gain a better understanding of that person. Now if you will, please give us some insight on your life and who you are? PRESTON HUGHES III. Im a single African American man, 45 years of age from Buffalo, New York, I moved to Houston Texas, after I finished high school in June of 1983. I was 17 at the time. Im a very easy going, fun loving and hard working person, unfortunately Im caught up in a fight to save my life regain my freedom. The P.U.R.E. REPORT: Would you be so kind to share with us the circumstances surrounding your arrest? PRESTON HUGHES III: Yes I was arrested on Tuesday, September 27th 1988 at 4:30 A.M. I was wrongly accused of allegedly committing the stabbing deaths of two people on September 26th 1988. The victims were a fifteen year old girl and her three year old male cousin. The P,U.R.E.REPORT: What made you a suspect in this crime? PRESTON HUGHES III According to the Police the girl allegedly called the name Preston before she died. I was arrested because my first name is Preston (also) because I knew the female victim and lived in the area where they were attacked. But still none of this amounted to enough probable cause to arrest me without a warrant. The P.U.R.E. REPORT: Can you recall precisely where were you during the time the crime was apparently committed? PRESTON HUGHES III. The victims were last seen by the female friend of the female victim around 9:00pm on September 26th 1988. At that time I was on a bus that I boarded down town at 8:45.p.m to take me home. The P.U.R.E.REPORT: So before that bus ride, what were you doing? PRESTON HUGHES III. I had been drinking after work with a couple of co-workers and a former co-worker. The P.U.R.E. REPORT: Did these people you were drinking with make any kind of verification to the police that you were with them and had left at the time you claimed? PRESTON HUGHES III Yes they testified at my trial that it was true. The P.U.R.E. REPORT: So you boarded the bus at 8:45 p.m and the victims were murdered at 9:00pm. Thats a fifteen minute time gap. So can you please tell us what were you doing during that time period? PRESTON HUGHES III I fell asleep on the bus and my oversleeping made me miss my stop and I was taken to the end of the bus route. Which is a couple of miles away from where I lived. After being awakened by the Bus driver. I exited the bus and walked to a store to get change, so I could call a cab to take me home. continued on pg 4

EXCLUSIVE INTERVIEW
Revealing Claims of Innocence
Part 2 continued from page 3
The P.U.R.E. REPORT: And what time did you get home? PRESTON HUGHES III I got home at 10:30 p.m. The P.U.R.E.REPORT: Let us talk a bit about this bus driver. Did he testify at your trial that you were in fact riding his bus.? PRESTON HUGHES III He didnt testify at my trial. The P.U.R.E. REPORT: Preston. This bus driver was your proof to verify your whereabouts. Why did he not testify at your trial? PRESTON HUGHES III The bus driver testimony was given on my Voir Dire in April of 1989. And this was while we were in the process of picking the jury. The P.U.R.E REPORT: Such testimony should not have been presented during Voir Dire, what was the reason for doing this? PRESTON HUGHES III. Judging from the fact someone instructed the courts reporter to alter the testimony of the bus driver, It was apparently done to make it appear as though he testified that the bus left earlier, so it appears that I got to the end of the route earlier than the time he and I stated to, and that was done in order to make it appear as though I got home earlier than the time I actually stated, and please note, the Prosecutions statement of facts were also altered to make it appear, as though the bus driver testified during my trial in May of 1989! The P.U.R.E. REPORT: Preston it is appalling to know that these State Officials emplayed such devious tactics to secure a conviction. PRESTON HUGHES III Yes it is. The P.U.R.E. REPORT: In Texas, it appears that the court system has a history of denying bail, or they impose an excessive amount of bail on indigent people, and these are peo0ple that have been arrested on a capital murder offense, so please tell us, did this occur with you? PRESTON HUGHES III. I dont know whether it was due to the nature of the crime Ive been wrongly accused of or not. But yes, I was denied bail. The P.U.R.E REPORT: While being held in the Harris County Jail, did you endeavor to pursue your constitutional right to a speedy trial? PRESTON HUGHES III. Unfortunately I didnt exercise my right to pursue a speedy trial. However I was taken to trial seven months after I was arrested and the trial itself was speedy. The P.U.R.E. REPORT: How long did your trial last? a week? two maybe? PRESTON HUGHES III I was wrongly convicted on the third day of trial, and on the fourth day I was sentenced to death. The P.U.R.E REPORT: During your captivity in the county jail, exactly what avenues did you try to use or whom did you contact to explain that you had nothing to do with this crime.? PRESTON HUGHES III I wrote to then Chief Lee P. Brown of the Houston Police Department, and I even contacted the trial court Judge months before the pre-trial motion hearings. The P.U.R.E. REPORT: What did you say in those letters? PRESTON HUGHES III. In my letter I detailed what happened to me at the time or rather from the time the arresting officer came to my apartment. He was accompanied by other H.P.D officers during the early morning hours of September 27 th 1988. I mention how the police had illegally searched my apartment while I was there. And how I watched officers go back to illegally search my apartment again as I was being taken downtown.. (This interview will continue in Issue 5 of the P.U.R.E.Report)

P.U.R.E REPORT NEWSLETTER

This interview will continue in Issue 5.

Preston Hughes III #000939 Polunsky Unit. D/row 3872 FM 350 South, Livingston, Texas 77351 USA

MY CONTEMPLATION ON CAPITAL PUNISHMENT

For years Lawmakers have justified the application of Capital punishment as being a deterrent to crime. But in my opinion, the truth of the matter is, these representatives believe that if a person commits murder, then their lives should be forfeited in return. So if the death penalty bears any evidence of being a deterrent to crime, its only because once you are dead you specifically can no longer commit a crime. Now in closing, I direct my focus briefly on those citizens who are supporters of capital punishment Quite often those who believe in the death penalty do so without knowing certain facts concerning things. So I pose a question to those citizens who supports or simply believe in capital punishment. Do you know how much of your tax dollars are being used to carry out the trial, housing and execution of a death row prisoner? The Dallas morning news showed that the average cost of a Texas death penalty case is $2.3 million versus $750,000 for a life term in prison. Furthermore, studies have shown that the ultimate cost of prosecution of a death penalty case, coupled with defending the subsequent appeals, is much higher than a non-death penalty case. So from an economical aspect, its illogical to support a barbaric practice thats putting an unnecessary financial strain on an already shaky economy. And on a more social stand point, what if a family member or loved one was falsely convicted and sentenced to death? Not likely to happen? Well, 138 exonerations off death row prisoners have occurred nationwide (and 12 of them are from Texas), and the same flawed judicial system that convicted and sentence these people to death, still exist. So this Judicial web of injustice is capable of entangling anyone. Now Im not against the death penalty because Im on death row. Im against the death penalty because taking the life of any human being is wrong. Hopefully one day capital punishment will be abolished. And we as a society will never reinstate it. And may that day come soon. Because not only will it save my life, it may very well save the life of someone you know and love. Guest Contributor Anthony Doyle

The problem with this eye for an eye Justice is that the people handing down these death sentence, either fail to realize or simply dont care that the people they condemn are human too Just like themselves, these human beings are capable of change if or when they are given the opportunity. So where is that opportunity if you kill them? Furthermore, even utilize capital punishment in a flawed system creates a very dangerous possibility, that not only will constitutional rights be violated, but there is also the horrible chance that an innocent person will get executed. In fact, many may have already been legally murdered. Now Ive been on death row since I was 19. Im 26 years old now. I was condemned on May 11th, 2004. There, I was labeled a menace and regarded as a future danger in society. And this ultimate judgment was decided by a jury of 12 people 12 people who were suppose to be my peers, but I had never met them before So I wondered, if these people dont know me, how can they honestly give a righteous judgment of my character? As a person who has no prior felonies or any violent offenses on my record, I often wondered: How was I considered a future danger to society? You can not see into the future, so how can you determine whether a person will commit more crimes? Within this flawed justice system our lives are placed in the hands of people who make their decision to condemn our lives off a probability. Which is the equivalent of guessing. Something probable is not definite but believe me its a definitely a prove fact that people can change. However the chance to change is not given when the death penalty is applied. Now I know that there are consequences for breaking the law. But how can you punish murder with murder? No matter how anyone may try to classify it, the fact of the matter is murder is wrong! I often think about the Stephen King book I read called the Green Mile In there the character John Coffee was a mentally challenge and innocent man who was condemned to death, and although that story was fictional, it however is a genuine reflection of the same thing that is happening in Texas today. Now granted, there may be individuals who are falsely claiming their innocence. But there too are some truly innocent people in prison as well as on death row, and these innocent people are being help captive in prison facilities throughout America. But not only are they being robbed of their liberty, here in Texas, cases with actual claims of innocence are often denied. So it is time to step up our efforts and make a Because after an innocent person is strapped to a being pumped full of lethal chemicals, it is too late to persons family: were sorry. We didnt realize innocent. change. gurney, say to a he was

ANTHONY DOYLE 999478 Polunsky Unit. D/row 3872 FM 350 South, Livingston, Texas 77351 USA

Women Around the World

Initially I wrote this expression of my heart as a means of illustrating my regret in order to rectifymy abusive ways against all Black women, and it was also an attempt to reconcile with my people. But this aching in my heart wouldnt allow me to deny the fact that women of all races have been abused by men like me. So I deeply apologise to all of you women who have suffered abuse, and I hope that my writing this will be able to bring the closure that you seek and the comfort that you deserve. Now I know what I express many may not accept. Even I have wondered how can I give comfort to anyone, when I for one have not attained comfort. But Im a wretched soul, one that may not even deserve to be comfort. My tears of pain, may not mean anything to you because of the pain Ive caused. Nevertheless with my knowing that Ive caused so much pain, it has me sitting here in prison on Death row, drowing in a ocean of pain, profoundly regretting what Ive done. I have no desire to gain anything, I merely wish to give as much as I can in reparation for what Ive done. And yes perhaps for some it is hard to believe that my foul actions have tormented me, but they have and I continue to suffer from the storm of my past deeds, whos lightning flast within my ind to illuinate the grotesque scene I committedon the morning of September 11 th 2003. In the beginning of my storm, I was angry and my mind was clouded in confusion. I didnt want to accept the responsibility for the awful deed I committed. It took time, understanding came slow, and now that the rain has passed, the rays of sunshine cleared my mind and the damage I done was clearly seen. And because of what Ive done, Im seen as a monster in the eyes of society. But despite this monstrous act. Im human! I am made of flesh and blood,just like any other human being. Im a person who values the loyalty of an individuals word more than that of love. Because love can be a flickering emotion. Yes I am a man, but Im a man that is guilty of a terrible sin, a forbidden act against God and his creation. What I done was indeed a terrible violation, a horrible crime against all of humanity. And Im profoundly sorry that Ive committed such an atrocity. It is my nature to speak openly what I feel, so all that I say comes from deep within,so I have no agenda or hidden motice in my reason for writing this. But the world must know that Im sincerely apologizing for all the harm that Ive caused. And God knows that I wish with all of my heart that I could turn back the hands of time, because I desire genuinely to undo the bad things that were done. But I can not. So I utilize these words to apologize to each of you, to every female that has been hurt by a man like me, I say to you Im sorry and to those three precious young Princess whos life I cut short. To you I too apologize, I want so much to be able to bring the three of you back. I was wrong for preventing you all from reaching your full potential to become the beautiful Black Queens you were suppose to be. 3 Children, 3 sisters, 3 daughters, 3 relatives, 3 girls, 3 mothers, 3 women, 3 generations I sadly ended duringa rapture of anger. I am a wretched soul. One that has ran from himself with an endeavor to escape from himself, and during my running I found it more comfortable to live a lie. And at times I believed my debt could be paid should I surrender myself to die So while suicide hovered before me. I ran, but my running only led to one finding himself weary, trapped and lonely still my running continued that is until I found myself falling at the heels of my feet. I fell to my knees and looked up to face the back of me I searched myself inside and out. I was trying to salvage anything worthy that was left of me. There was none I could find. Now there was a piece of my mind that reminded me of the good I did do within my life, but that quickly outweighed and enshrouded by the bad. So I found myself completely saturated with guilt and when I gave further search of myself, I found a broken heart, I discovered human being with a conscience. Yes I found charity, and I also found the deepest apology that the heart could give. So it is with genuine and my most profound sincerity that I again apologize to the women around the world for all the pain and suffering you have endured by men like me. But most of all I apologize for the deaths I caused to those three precious little girls. Im sorry

Anthony Francois 999482 Polunsky Unit. D/row 3872 FM 350 South, Livingston, Texas 77351 U.S.A

Guest contributor

Anthony Francois

ONE DAY CHICKEN. THE NEXT DAY CHICKEN FEATHERS!

Back in the day, my Dad would pour himself a glass of his favorite Brandy (Christian Brothers) and would always respond to peoples inquiries about his well being by saying: One day chicken, the next day you get chicken feathers His risible motto was always attractive to my mind. It wasnt until I began to get older that I completely understood what he meant. Like that famous Almond candy bar commercial back in the 80s that had that famous hook: Some days I feel like a nut, some days I dont I feel like this a lot of my time here on Texas Death row. If you are feasting on cooked chickens then your life is well, however if all you have to eat is chicken feathers then Life is unpleasant. In any event its still chicken. Life is still life, no matter who shed tears of pain or those who reverberates joys of laughter. We should except the good with the bad, because its the balance of the order that makes life complete. For every Angus Og, there is a Medusa. It sounds good, Huh? Easier said than done, of course sounds alone never paints a picture on its own. To think so would be fatuity. For example: Take the sounds of Texas Death Row. At the moment its quiet-as if everyone here is content and at peace. For anyone who has direct dealings with Texas Death row would know that peace is highly flumadiddle, misleading to the core. But what about the balance of the order? Sounds good. Since 2008 the dealings on Texas Death rows order has been out of order. The administration that overseas Texas Death row has become callous, ruling with an iron fist, while ignoring all safeguards and policies that is suppose to keep a balance here for Inmates and Officers. The property of Inmates and Items of value are often stolen by [Particular] employees of T.D.C.J. bogus disciplinary cases are being [enforced] to purposely messing with Inmates to take their level one status away from them. And this results in the denial of Inmates visits, their commissary privileges and other penal rights. Some Inmates deal with mental and at times brutal physical abuse. E.g. visualize a handcuffed inmate who is restrained, while being punched and jumped on by a team of six or seven padded officers. How do you justify that? How can you ask anyone to have a sense of peace when he is surrounded by violence and its not the allege criminals administering it? Sure we can pray, advocate, march or even sing spiritual songs, but what does any of it mean if our hearts isnt really in it? I love chicken. I just hate chicken served with feathers attached to it. The ebb and flow of our environment here in Texas is just like that: And Im not even talking about foods nor eating. Im taking about ones sanity and how can one maintain sane. See Im Innocent. In fact, after reading several other cases, I believe many others on Death Row are innocent or unjustifiably sentenced and should have never been on death row. Innocent men and women lacks patience and nothing can ever change that nor replace the years we lost. We remain a malcontent people. We may smile, laugh and appear to be in good spirits at visits (Day of Chicken) but once we return to the gloomy and filthy germ infested environment, dread returns (The taste of feathers).. [of course] I want to be happy, I really do, but I can not be happy when Im not sure what happiness entails anymore, it is just mendacious rhetoric, or passive formalities? Ive tried rational emotive therapy and it dont seem to work for me, Ive meditated, reading and fasting-none suits me. So what do it mean to be happy? Death rows warden is a short man. He suffers from Napoleon complex and has some caked up insecurity issues. He always has a need to prove himself to his inner self. So when asked about happiness he had these choice words to say: If I was Texas Governor I would be happy. And If I was Governor I would execute every death row Inmate on the same day, Thats Texas Justice. That would make me truly happy What about the incarcerated Innocent? or the mentally retarded? or even the appeals due process? and what about Legal Morality? When I was asked what I thought of the gauchely wardens comments, all I could say was: One day chicken The next day chicken Feathers Guest Contributor: Charles Chucky Mamou.

One day Chicken..the next day chicken feathers

Charles Mamou 999333 Polunsky Unit. D/row 3872 FM 350 South, Livingston, Texas 77351 U.S.A

10

The Price of Death

I knew a man once, when I had first arrived to the place known as Death Row in Huntsville, Texas on that clear day in September 1996. Some after I was settled I got to know this man, who spent all his time reading 16 th Century texts from the old Aztec days. One day he told me that he was on death row for being a it man. He explained that he met a man in a bar that offered him $500 to kill this man.. In the process it had spent close to $2-million dollars! The death penalty in the U.S is an outrageously expensive and wasteful program that has no clear benefits. The Nations police chiefs rank the death penalty LAST in their priorities for effective crime prevention. They are saying clearly, the death penalty DOES NOT prevent crime. Fact is, for that same almost $2 million Texas spent killing ONE MAN, they could have hired 2 qualified police officers at $40,000 a year and employed both of them for 20 years . In light of the economic crisis plaguing the U.S. many states who employ the death penalty have commissioned studies to examine the death and its effectiveness versus its cost to communities. Police Chief JAMES ABBOT of West Orange, New Jersey served on a commission that reviewed that states death penalty and which in the end recommended that the New Jersey abolish its death penalty. Chief ABBOT was quoted saying I NO LONGER BELIEVE THAT YOU CAN FIX THE DEATH PENALTY. I LEARNED THAT THE DEATH PENALTY THROWS MILLIONS OF DOLLARS DOWN THE DRAIN MONEY THAT I COULD BE PUTTING DIRECTLY TO WORK FIGHTING CRIME EVERYDAY... We are at a point in history where every state in the United States is being forced to cut hundreds of millions of dollars from their budgets. Where are these cash-strapped states taking that money from?, from the salaries of Teachers who educate out our youth, from afternoon school programs that help keep children off the streets, from substance abuse programs that aim to help addicts, from prison education courses, and from Law Enforcement operating budgets. How can this benefit anyone? California alone is spending $137 million per year on the death penalty, yet has not had an execution in 4 years. Florida is spending almost $51 million a year on its death penalty. One study shows that in Maryland, over a 20 year period where 5 executions have been carried out, they have spent $186 million on the death penalty.. The numbers and facts are staggering. How many abused mothers and children could be helped with that money? How many police officers could be hired to fight crime with that money? How many prisoners up for parole could be taught valuable job skills that would help steer them away from future crime with programs financed by that money? The Truth is, states continue to waste HUNDREDS OF MILLIONS OF DOLLARS on their dysfunctional death penalty systems, if the death penalty was replaced with Life with-out parole, California would save over $125 million a year, money desperately needed there. So, what is the price of death? As so many studies have shown, the price of killing just one person with the death penalty can be anywhere between 2 & 3 million dollars. Which states like Texas which has over 300 inmates on death row or California who has over 600, the price of maintaining their death penalty systems has been the future of our childrens education and the safety of our communities.

Written by Tony Medina (staff writer)

TONY MEDINA 999204 Polunsky Unit. D/row 3872 FM 350 South, Livingston Texas 77351 U.S.A

11

Legal Section

Artwork By Tony Medina 999204

In the Legal section in this issue, comprises of:

No Equal Justice for all - By Milton Gobert. (Conclusion from Issue 3) The Illusion of Equitable Justice By Eric Cathey

12

No Equal Justice for all

(conclusion from Issue 3)
Now the decision congress made to pay more (of Tax payers money) for inadequate capital defense attorneys only make economic sense because identifying and vindicating constitutional error is in itself extremely costly. But better lawyers will raise more issues, Investigate and litigate more aggression. Which may require resentencing, retrials, or in very rare cases, it may mean that a guilty man would go free, yet they would Identify what is more costly. However congress was willing to pay more for inadequate attorneys in order to avoid those costs economically and socially. Broadly speaking, the Supreme Courts right to counsel jurisprudence has had much of the same effect as congress decision to defund the resource centers. If the court required better lawyers for the indigent citizen, it would cost society not only in terms of the resources necessary to pay those lawyers, but also in terms of the costs of fully enforcing a criminal defendants constitutional rights. You see, better lawyers would mean more hard fought trials, more evidence thrown out due to constitutional violations, fewer convictions, more acquittals, and more hung juries. As ex president of Harvard University, Dereck Bok candidly acknowledged:
If congress provided enough funds for legal aid or if congress agreed to offer the same support to legal defendants as it gives the prosecution. It could easily touch off of a burst of litigation that would cost huge sums of money and add heavily to the delays of the legal system

If one were looking for a mechanism to reduce the cost of constitutional rights without weakening rights that that protect the privileged. Then one could do no better than ensuring, that the poor, systematically receive less competent legal representation, than the rich. By denying the poor adequate lawyers (and then holding their lawyers mistakes against them) will guarantee that we will never have to pay full cost for their constitutional rights (which we are suppose to protect). But we achieve those savings by diluting the protection of constitutional rights when we only give competent counsel to those who can afford it. The appointed counsel system creates an across the board double standard. As the O.J Simpson trial, illustrated the inequality created by the ability to hire competent counsel is predicated, on class, Not Race.. but because most minority defendants are poor and because Blacks and Latinos disproportionately find themselves as criminal defendants, this class based disparity also falls heavy on the minority communities. The right to counsel is in theory the Linchpin of equality in the criminal justice system. However in reality, differences in the quality of legal assistance available to the rich and poor, probably play the most significant systemic role in maintaining a double standard in criminal justice. Guest contributor Milton Gobert

An adversary system in which both sides are evenly matched costs more than a system in which the prosecutions resources overwhelms the defense. And despite our surface commitment to equality before the Law, apparently neither society nor the Court is willing to require anything like an even playing field. The present system of assigning indigent defendants poorly funded, over burden and very often under qualified defense attorneys saves money in two ways. First: It reduces the direct cost of providing a decent defense, Second: But definitely more significant it systematically endeavors to inadequately enforce the constitutional rights of the indigent accused.

Milton Gobert 999554 Polunsky Unit. D/row 3872 FM 350 South, Livingston, Texas 77351 U.S.A

13

THE ILLUSION OF EQUITABLE JUSTICE

The term Justice is Blind has always been something many of us desire to be true. For none of us want to believe that a country as advanced as ours, really possesses flaws in its criminal court system. Furthermore many of us have embraced the fact that its our constitutional right to have a fair and impartial trial. Hell, our forefathers died in wars and worked as slaves through blood, sweat and tears to build this country, so we damn well better have one, right? However I must ask of you to ponder on this: What if the scheme of having a fair trial doesnt truly exist? Because if we were to look up the word fair in a dictionary, its meaning will elucidate it as being: Honest Just Unbiased Equitable ObjectiveAnd several other names to associate it with righteousness. But our court system with its due process of law merely illustrates an illusion of equitable justice. For indeed, it is a rather difficult endeavor to ensure that any one will obtain a fair trial. Supposedly, this is why the safe guard of having appeals were established. Yet if our society has evolved to the point where we have achieved this fairness in our court system, then why, may I ask,do our appeal process exist? I mean, doesnt this illustrate a blatant mistrust in our own capabilities as jurors, lawyers, judges and prosecutors, to be honorable in our sworn duties? Maybe it does.. And perhaps it should! Because many of times, (if we believe it or not) preconceive notions (of certain things) exist within our state of mind. For example: How many times, while at the mall, have you seen a small congregation of black youth (wearing hip hop attire) and wondered if they would start any trouble? and what about the tall white guy with the long hair, dark shades, and leather jacket? or the Mexican fellow with all the tattoos covering his arms? These guys have to be in some sort of gang, right? Or how about the lady who wears the tight pants and blouse that clearly enunciates her figure? Is she really an easy catch looking for attention? Maybe or maybe not But its so easy for us to be misled, by our reconcilable notions, because many of us hold them to be true. Our society, in some form of fashion (whether through movies, newspapers, music, magazines, or propaganda being promoted by our peers) have influence and condition our minds to accept these half-truths. And when a juror takes his/her position in court, they may have no intention of being biased. But subconsciously, these suggestions have already been activated, especially if we believe those stereotypical labels that have been placed on certain people in our society. And this in turn will create a portion of unfairness in a criminal trial, because it leads a jury to focus more on the defendant, which may influence them to make an attempt to analyze that persons emotional state. But what does that have to do with the evidence being presented at the trial? Especially when a defense attorney has instructed his client to relax and remain calm and try not to show many emotions.I believe that a jurys concentration must remain on the evidence being presented in order to truly judge the totally of it all. One should never be distracted from his/her set judgment of that course. Because a juror, for that period of time, has been granted the authority to aid in altering the course of a persons destiny by a single verdict. And if we have a prosecutor who manipulates the emotions of a jury, by displaying unnecessary grotesque photographs of the deceased or performing a reenactment of what allegedly occurred at a crime scene, a tactic of this nature will undoubtedly inflame the minds of the jury. And is quite capable of being a subliminal form of prompting which will guide a jury into reacting emotionally rather than logically as they prepare for deliberation. Impossible Thats absurd Youre crazy .. is what some may consider ones point of view within this article..But the fact remains that tactics like those I mention are being used. So now the question is..Are these tactics necessary? however before answering that, allow me to ask you this.If the prosecution has unlimited access to states funds to investigate and prosecute their casethen why use such a play on a jury? Perhaps its because district attorneys themselves are not immune to preconceive notions. There are many defendants whose reputation or past deeds were very criminally orientated, and if the D.As actions shows that they believe a persons law-breaking behavior, on some unrelated offense, suggest that this defendant is probably guilty of the current crime as well, then their duty to pursue justice has been compromise. For no longer are they seeking to find the actual perpetrator but now are more concerned on gathering any evidence that they can use to persuade the jury of hat persons guilt. So where is the fairness in that? Now even if we persist in saying that our appeal process is required to ensure that the guidelines of the law are being followed..Still it has to be asked, what good is that process when certain segments of our judicial courts display a strong predisposition in ruling in the states favor because of their bias on a particular issue? Mainly death penalty cases. Therefore its necessary for us to determine whether this claim of fairness is merely an illusion established to convince us that it exist? Or is it an actual reality? perhaps it can be. For all things are possible. But we will have to make a conscious effort to free our mind of all preconceive notions. by Eric Cathey

Eric Cathey 999228 Polunsky Unit 3872 FM 350 South Livingston Texas 77351 U.S.A

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Poetry Section
PUSH
I strain for one more push Striving for perfection The pain will never cease Marking my progression. Fatigue setting in Never will I falter heart pumping faster body getting stronger Sweat across my brow running down my face refusing to give in picking up the pace Physical Intensity mental stimulation absorbing the pain use it as motivation. Pushing to the limit searching for the end pushing even farther never giving in A HAIL TO THE GHETTO CHILDREN
Bombarded by the cultivation to ensnare a phantom destiny of a parents dream lost to the adversity of change. Now Precious Angels of a cradles caress are forgotten, as the wrath of heaven cast out its rebellious demons Alone upon a road with no legacy to call their own. The Ghetto children are driven toward the enticement of white Queens Pink castles and all the American Dreams Draped up and dripped out The acquirement of Ghetto fabulous clout is that truly what its all about? NO! Its a mere reflection of a dream that was never meant for the Mothers and Fathers of creation now the mass enslavement and Genocide by means of incarceration is a predestine abortion of unborn babies which means the death of a nation.. So Rise up all of you Kings and Queens of the earth Now turn 360 degrees to fulfill the sum of your true worth Endeavor to understand the past to comprehend the future. For you are the future so dear children lead with pride! By Eric Cathey

By Anthony Doyle 999478

ANTHONY DOYLE 999478 Polunsky Unit. D/row 3872 FM 350 South, Livingston, Texas 77351 USA

Eric Cathey 999228 Polunsky Unit D/row 3872 FM 350 South Livingston Texas 77351 U.S.A

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Time takes away the edge of grief But Memory turns back every leaf Gone from our lives one so dear But in our hearts forever near.

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Whats in the Brown Paper Bag

Written by Luis Ramirez
Luis Ramirez was murdered by Lethal Injection in the State of Texas on October 20 th, 2005.

===============================================================
Im about to share with you a story whos telling is long over due. Its a familiar story to those on death row who may read this. But its now one that all of you in the FREE WORLD may benefit from. This is the story of my first day on the row.. Now I came here in May of 1999. But the exact date is something I cant recall.. However I do remember arriving in the afternoon. I was placed in a cell on H-20 wing over at the Ellis unit in Huntsville Texas. A tsunami of emotions and thoughts were going through my mind at the time. I remember the only things in the cell were a mattress, pillow, a couple of sheets, a pillow case, a roll of toilet paper, and a blanket. And I also remember how utterly lost I felt sitting there. The first person I met there was Napolean Beasley. Back then Death row prisoners still worked. His job aat the time was to clean up the wing and help serve during meal time. He was walking around sweeping the pid in these ridiculous looking rubber boots. He came up to the bars of my cell and asked me if I was new.. I told him that I had just arrived on death row. He asked what my name was. So I told him. Not seeing any harm in it. Beasley then stepped back where he could see all three tiers. He then hollered at everyone: Theres a new man here, he just drove up, his name is Luis Ramirez When he did that I didnt know what to make of it at first. I thought I had made some kind of mistake. You see, like most of you, I was of the impression that everyone on death row was evil. I thought I would find hundreds of HANNIBAL LECTERS in here. And now, they all knew my name. I thought: Oh well, thats strike one. I was sure that they would soon begin harassing me. This is what happens in the movies after all Well thats not what happened. After supper was served. Napolean was once again sweeping the floors, as he passed my cell, he swept a brown paper bag into it. So I asked him: whats this? He replied that it was for me, then told me to look inside then continued on his way Man! I didnt know what to expect! I was certain it was something bad! but curiosity did get the best of me though. So I carefully opened the bag. And what I found was the last thing I ever expected to find on death row. It was everything I needed. The bag contained some stamps, envelopes, note pads, pen, soap, shampoo, toothpaste, tooth brush, a pastry, a soda, and a couple of ramen noodles. I remember asking Napolean: where this come from? He told me that everyone had pitched in, and that they knew I didnt have anything. And that it may be a while before I could get anything. I asked him to find out who had contributed. Because I wanted to pay them back. Napolean said: its not like that. Just remember the next time you see someone come here like you you pitch in something! I sat there on my bunk with my brown paper bag of goodies, and thought about what had just happened to me. The last thing I expected to find on death row was kindness and generosity. I thought of how many times I had seen good people of the world, pass by some man, woman, or child holding a sign that read: Hungry or will work for food I am guilty of doing the same. I just passed them by. By the end of the block, or upon reaching my destination. That poor hungry, tattered, and perhaps dirty soul had been forgotten lost among my daily challenges and struggles with life. Yet here on Death Row among the worst of the worst. I didnt have to hold up a sign, they knew what I needed, and they took it upon themselves to meet those needs. They did this for a stranger, not a now friend. I dont know what they felt when they committed this act of incredible kindness. I only know that like them, twelve good people had deemed me beyond redemption. The only remedy these Good people could offer us is death. Somehow what these good people saw and what I was seeing didnt add up. (continued on page 18)

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Continued from Page 17 - Whats in the Brown Paper Bag REST IN PEACE LUIS RAMIREZ Executed October 2005.

How could these men, who just showed me so much humanity, be considered the worst of the worst? It chills me to my core when I think about it. Those twelve good people were given this enormous God like responsibility. They had to decide who lives and who dies. The State of Texas gave them this responsibility.. However they didnt give them any God like training..Im sure that they all meant well, they probably thought as the D.A and Judge told them, that they were doing their Civic duty. I personally have never considered murder a civic duty. That aside, how many times have we gotten this wrong? Im on the inside looking out now. I have that advantage over you. So I can tell you this. I have yet to meet a man here who I feel is beyond redemption. It you took a good look and I invite you to do that, You may just realize how often you have been wrong. Ever since Napolean was executed ( for a crime he committed as a teen) Ive wanted to share this story with his family. But Ive never been able to locate anyone with their contact information. If anyone out there can share this with them, I would appreciate it very much. I would like for them to know that their son was a good man. One who I will never forget. I want for them to know how sorry I am that we as a society failed then and Napolean. I still find it ridiculous that we as a people feel that we cannot teach or love our young properly. Im appalled at the idea that a teen is beyond redemption, and that the only solution that we can offer is death. Its Tragic that this is being pointed out to the Good people by one of the worst of the worst God help us all Whats in the Brown Paper Bag? I found caring, kindness, love, humanity, and compassion of a scale that Ive never seen the good people in the Freeworld show towards one another.

WRITTEN BY LUIS RAMIREZ. R.I.P

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PENDING EXECUTIONS
========================================================== JUNE
1 14 14 15 16 16 21 22 Gayland Bradford Shawn Hawkins Carey Dean Moore John Balentine Lee Andrew Taylor Eddie Powell Milton Mathis Texas Ohio Nebraska Texas Texas Alabama Texas 16 30 7 12 19 20

JULY
Humberto Leal Marcel Williams Kenneth Smith Mark Stroman Texas Arkansas Ohio Texas

AUGUST
Brett Hartman Ivan Cantu Ohio Texas

Frank Williams Jr. Arkansas

SEPTEMBER
13 20 27 Joel Schmeiderer Billy Slagle David Jordan OCTOBER 4 11 18 John Henretta H-R Hester Joseph Murphy Tennessee Tennessee Ohio 22 Tennessee Ohio Tennessee 18

2012
JANUARY
Charles Lorraine Ohio

FEBRUARY
Michael Webb Ohio

NOVEMBER
15 Reginald Brooks Ohio

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CONTACT
ERIC CATHEY

Eric Cathey 999228 Polunsky Unit. D/row 3872 FM 350 South Livingston Texas 77351 U.S.A IF YOU WOULD LIKE TO MAKE DONATIONS TO THE PURE REPORT, YOU CAN DONATE VIA THE FOLLOWING SITES. http://pure-report.moonfruit.com http://purereport.blogspot.com http://concretetombpals.webnode.com

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