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Edited on Tue Dec-14-04 02:47 PM by Solon
I'll give an example of someone getting penalized on a "technicality" for you to munch on...
In the spring of 1993, Morris Gauger and his wife, Ruth Gauger, were bludgeoned and stabbed to death on their family farm near Richmond, Illinois. Their son, forty-year-old Gary Gauger, phoned 911 after he and a friend discovered his father’s body on the floor of the antique motorcycle shop located at the farm. Police became suspicious when they arrived to find an oddly serene Gary Gauger, who calmly tended to his vegetable garden during the investigators’ search for evidence. After discovering the body of Ruth Gauger—but no signs of struggle or attempted robbery—police subjected Gauger to twenty-one hours of intensive questioning. During this interrogation, Gauger later reported, detectives claimed that they had a “stack of evidence” proving that he had committed the murders. It did not occur to Gauger that his accusers might be lying.
Gauger, a pot smoker and reformed alcoholic at the time of the murders, became convinced that he had blacked out—as he did on occasion when he was a heavy drinker—and killed his parents. The interrogators, reportedly trying to jog Gauger’s memory, showed him photos of his mother’s wounds and asked him to hypothetically recreate the murders. Gauger described how he might have easily sneaked up behind his “trusting” mother before striking her head and slashing her throat, and then doing the same to his father. The police accepted Gauger’s statements as a confession. After his trial in October 1993, a jury took three hours to reach a guilty verdict. Judge Henry Cowling sentenced Gauger to death by lethal injection.
Soon after Gauger’s conviction, FBI agents reported that they had overheard members of a motorcycle club discussing questionable details about the Gauger murders. Ginger Gauger, Gary’s sister, then enlisted Northwestern University Law School professor Lawrence Marshall to help with her brother’s appeal. Marshall was able to prove that there was no real evidence against Gauger and that he had been tricked into giving a false confession. Eventually, two motorcyclists were indicted for the murders of Ruth and Morris Gauger, and Gary Gauger’s sentence and conviction were overturned.
This is but one example of what happens in our justice system. For example, if this were in Texas, he would have been executed, because there, you have to present such evidence 30 days after conviction, otherwise it doesn't matter. That is a problem, you talk about how things should be, I talk about how they are. People don't really care about facts and evidence in cases where emotions run high, look to the lynchings that took place all throughout the country mostly in the south as an example of this. Also our justice system strongly favors rich/middle class whites vs. everyone else, who is more likely to be executed, a black man who killed a white, or a white man who killed a black? Answer honestly, and you'll get the real reason why I oppose the death penalty, it permanent.
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