“'The substantial risk of putting an innocent man to death clearly provides an adequate justification for holding an evidentiary hearing,' Justice John Paul Stevens wrote.
But Antonin Scalia, joined in the minority by Clarence Thomas, was unconvinced and unmoved.
'This 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.'”
Scalia’s fellow justices noted that his position allows no legal avenue for even an obviously innocent person to have his or her case heard.
Justices Scalia and Thomas hold that the Supreme Court never made a decision on how important innocence is for a person who was already convicted. But I assert that the Supreme Court has NOT left that question unresolved. Silence on the vital matter of whether to uphold innocent people's right to life means the High Court has actually decided against it.
Do you see the photo of a public hanging directly above? The prison profiteers' cyberstalkers which the U.S. Government and Georgia justice officials and police allow to censor my Internet input may remove it. I encountered a good deal of cyberstalking placing it here. Perhaps the injustice system believes we will forget that executions are barbaric activities if they remove my pictorial reminder. Maybe without a photo, they hope we will forget that it is nothing new for mobs of people to kill simply because they are bloodthirsty bigots without consideration about the guilt or innocence of their victims, as long as the victims are black like Anthony Bartee or from among working class whites like Hank Skinner. Skinner won a stay of execution in November 2011, but he has also not been allowed to take a DNA test to date. Stays of execution are therefore issued to delay, but not to eliminate, the possibility of killing innocents.
It was long ago decided that when barbarians want to do a murder, they must go through a court process first. After that, INNOCENCE DOES NOT MATTER. I respectfully disagree, and it is your duty to disagree along with me. Hundreds of people who went through a "full and fair trial" were later found to be actually innocent and were exonerated based on post-conviction evidence, including DNA test results. Bartee deserves the right to use every means available to prove his innocence. No one should be executed without irrefutable proof of guilt, especially while the state denies access to test evidence that was used to incriminate him. Punishing innocent people for crimes violates not only the wrongly convicted but also crime victims.
Summary of Bartee's offense from "Crime & Capital Punishment.com" On August 15, 1996, in San Antonio, Bartee murdered 37-year-old David Cook by using a nine-millimeter pistol to fatally shoot him in the head and neck. Bartee then took Cook's motorcycle and fled the scene. Bartee was on parole for two counts of aggravated rape when he committed the murders. http://www.cncpunishment.com/forums/showthread.php?1368-Anthony-Bartee-Texas-Execution-May-02-2012
For Texas to prevent Bartee from testing his DNA against the evidence puts Texas in the position to kill another innocent man. Did Bartee kill his friend? Perhaps. But the idea that he or any convicted person might be innocent is worth a test. Hundreds of prosecutors, judges, juries, and even eye witnesses have been wrong before. Hundreds. People are innocent until proven guilty. That has not happened where a single shred of doubt remains, whether the accused is a convicted felon like Bartee or a person with no prior offenses like Troy Davis. In Bible Belt states where people feel compelled to continue DP, The Unholy Race to execute the most people before the Second Coming, capital punishment should be off the table except for offenders with sound mental health against whom the state has irrefutable proof of guilt.
Military people from America's working class are dispatched throughout the world risking their lives in battles that are supposedly for human rights. Millions of men and women have died over the course of five centuries to protect Americans' civil rights that are guaranteed under the Constitution, and the right to life is chief among them. However our justice system quibbles over whether U.S. citizens should be allowed to perform DNA tests at their own expense to avoid wrongful execution! That is absurd, inhumane, and unAmerican. As minorities like Bartee and working class whites like Skinner are imprisoned and executed in America with their guilt not proved, please remember that their so-called "right to life" is exactly equal to your own - disregarded by elitists over the justice system and therefore nonexistent.
Over the Holidays, Congress and the President approved NDAA, which subjects people to indefinite military detention (concentration camps) without criminal charges. And Bartee, an innocent man, faces execution on May 2, begging for a test the state refuses to give him. Both problems stem from the fact that the lives and human rights of minorities and working class whites are considered "immaterial" by elitists. Elitists decision makers disregard the sacrifices that generations of military families and civil rights activists made to make America a land of liberty and justice for all. We the People can and must address both problems: (1) Support H.R.3785, the congressional bill introduced by Rep. Ron Paul in January to repeal the concentration camp provision of NDAA. (2) Please stand up for Bartee's right to life. In so doing, you take a stand for yourselves, your families, and for all working class Americans. No wealthy American would be denied DNA tests like Bartee and Skinner are. Insist that guilt must be proved by every means available before depriving Bartee of life. Isn't that what you want for yourself? Isn't it what you, Bartee, and every person deserve?
Article shared by the Davis/MacPhail Truth Committee at http://DMTruth.blogspot.com where members honor Troy Davis's final request and "keep fighting this fight." Join us today. Wait until you see the videos of cyberstalkers fighting to prevent Mary Neal from publishing this article and posting its link at Twitter, Facebook, and in emails. The same cyberstalkers who prevent or sabotage my reports regarding the covered-up murder of my disabled brother under secret arrest also censor anti-capital punishment articles, news about oppressive Changes out of Washington, like NDAA concentration camp bills, draconian bills the 112th Congress introduces like SOPA and more recently, CISPA. The same cyberstalkers who hired to prevent advocacy against the mass incarceration and murders of mentally challenged Americans like my disabled brother who was secretly killed for the same reason why elitist prison investors have 1.25 million mentally ill people imprisoned. The truth is evident that cyberstalkers are allowed to censor me (evidence at http://youtube.com/jkempp703 ), because the people they suppress news for are against human and civil rights for 99% people like my family and Anthony Bartee - and like you. Google "Mary Neal Censored re Capital Punishment." Censorship videos regarding Bartee are off the chain! I will upload them as soon as they kill the brother. Hopefully, they will wake people up to hypocrisy by many leaders of this Lawless America. Look for "Lawless America - The Movie," which is being filmed now by Georgia congressional candidate, William Windsor. Around 750 Americans from all 50 states, people of all races and socioeconomic backgrounds, will tell about judicial and government corruption that ruined their lives and caused/ignored their loved ones' deaths. Visit the Lawless America website http://www.lawlessamerica.com/ - I hope my videos showing how cyberstalkers censor advocacy for Bartee will speak for him and his family.