justice

The Ethics Conundrum of Jim Thorpe’s Body

/ Jack Marshall / 9 Comments
Jim Thorpe: Native American, Olympic Champion, baseball star, football star...football.

Jim Thorpe: Native American, Olympic Champion, baseball star, football star…football.

One thing is for certain: Jim Thorpe doesn’t care. The great Native American athlete whose sports legacy was as sterling as his life was tragic died in 1953, recognized by the country he honored with his record-breaking performance in the 1912 Olympics, but like so many of his race, mistreated and exploited by it as well. Since his death, however, a bizarre battle over his body has raged, and it is a perfect example of the Roshomon-like nature of  ethics in some situations. What is the right thing, the fair thing, the ethical thing? The answer sometimes depends on whose viewpoint is applied, and objectivity, the ideal viewpoint we strive for, doesn’t even exist. In an ethical conflict, moreover, there are good ethical principles on both sides of a dispute.

In Jim Thorpe, Pennsylvania, the ethical verdict of what occurred in a Pennsylvania  court last month is clear: the town has been double-crossed. A federal judge ruled that Thorpe’s remains, which lie in a mausoleum built by the town, can be moved to Oklahoma by his family, to be buried on lands belonging to his tribe. In 1953, however, two Pennsylvania towns signed a contract with Thorpe’s widow, committing them to consolidate and rename themselves after the Olympic, football and baseball legend, in return for being able to house Thorpe’s body and reap the tourism benefits of doing so. The contract was valid, if venal in inspiration: Mrs. Thorpe wanted and received cash in return. But a bargain is a bargain, and Thorpe’s presence and name has defined the town for over half a century. Losing Thorpe means losing the town’s identity and signature feature, which is a calamity. Continue reading →

Jordan Sheard And The No-Capital Punishment Slippery Slope

/ Jack Marshall / 43 Comments
Ah, come, on, show some compassion! All he did was set a guy on fire for being gay! Anyone can make a mistake!

Ah, come, on, show some compassion! All he did was set a guy on fire for being gay! Anyone can make a mistake!

One of these days, when CNN’s designated miracle-worker Piers Morgan (because making Larry King look brilliant is a miracle) is extolling the superiority of the land of his birth over the stupid, violent, individual rights-obsessed U.S., someone should ask him about Jordan Sheard. Sheard, a sadistic 20-year old bully, set his sights on a young gay man, Steven Simpson, whose offenses included, in addition to his sexual orientation,  a speech impediment, epilepsy and having Asperger’s  Syndrome. Sheard forced Simpson to strip down to his underwear and wrote gay slurs over his body, covered him with tanning oil, and set him on fire.

At his birthday party. Continue reading →

Wanetta Gibson Is Even Worse Than We Thought

/ Jack Marshall / 74 Comments
How do you treat a monster like Wanetta?

How do you treat a monster like Wanetta?

Of Wanetta Gibson, the woman who sent innocent high school football star Brian Banks to prison for five years for a rape he didn’t commit, collected $750,000 by continuing her lie in a lawsuit against the high school where she and Banks were both students, and then sought forgiveness from him in prison while refusing to exonerate him to prosecutors because she didn’t want to give back the money, I wrote:

“There are not sufficient laws, nor words in the dictionary, nor public shaming, shunning and condemnation to do justice to the likes of Wanetta Gibson. She ruined a young man’s life and stole $1.5 million in the process. She can recant, apologize, say that she found God, weep, express regret and anything else, and it should not insulate her from societal rejection. No one should hire her. No bank should give her a loan or a credit card. No taxpayer should have to contribute to her health insurance or food stamps. No one should befriend her. Absolutely no one should forgive her, consort with her or trust her. The kind of organized hatred that was manufactured against George Zimmerman is appropriate in her case. The Golden Rule? If I behaved like Wanetta Gibson, I would deserve everything I have described, and more.”

And you know what? I think I was too easy on her. Continue reading →

James O’Keefe Gets What He Deserves…Just Like ACORN

/ Jack Marshall / 34 Comments
That will be $100,000, please,

That will be $100,000, please,

James O’Keefe is a darling of the right who has executed, with varying levels of success, deceptive, unethical and sometimes illegal vigilante ‘stings’ (using hidden cameras) to prove various conservative targets like NPR and Planned Parenthood are secretly as bad as the right thinks they are. Everything about this is wrong, of course, beginning with his methods, which would be unethical journalism if he were a journalist (rather than a partisan hit man), and ending with his targets, which, if O’Keefe had integrity, would include both right and left. That wouldn’t be good for business, though.

O’Keefe’s biggest hit was on ACORN, the progressive, many-armed community-organizing non-profit that was operating on considerable taxpayer largesse. In 2009, O’Keefe and a female colleague dressed as a young prostitute secretly videotaped themselves seeking help from several ACORN offices, including those in Brooklyn, Baltimore, Washington, D.C., San Diego ( actually National City), and San Bernardino. O’Keefe spun various versions of a tale about a cruel pimp importing underage girls to stock his inventory, and and O’Keefe’s  plan to house them in secret and safety, but the sham’s goal always was to gull ACORN employees into giving advice regarding how to hide  illegal activities and how to get financial assistance for the prostitutes.  In San Bernardino, an ACORN employee told O’Keefe and the woman that the girls could classify their underage brothel as a “group home” to avoid detection, or maybe they should open a massage parlor. The Brooklyn office gave advice to the “prostitute” about how to hide her money, including opening multiple bank accounts.  D.C.’s  ACORN staffer provided advice on how to file tax returns without revealing her true trade. The Baltimore ACORN employee opined, “Well then, you know what, you can always claim them as dependents” and suggested, “You are gonna use three of them; they are gonna be under 16, so you is eligible to get child tax credit and additional child tax credit.” When O’Keefe asked, as the helpful friend of the girls,”What if they are going to be making money because they are performing tricks too?”,  the ACORN employee replied, “But if they making money and they are underage, then you shouldn’t be letting anybody know anyway.”

In National City, near San Diego, however, O’Keefe’s luck ran out.  Continue reading →

Judge Ken Anderson: A Judge With An Ethical Obligation To Resign

/ Jack Marshall / 21 Comments
Ken Anderson

Regret isn’t enough.

Ken Anderson has been a Williamson County (Texas) district judge since 2002, but in 1987  he was the district attorney who prosecuted Michael Morton for fatally beating his wife to death. Morton was convicted and served 25 years in prison before DNA tests proved he was innocent. (This is yet another triumph of The Innocence Project.) Another man has been arrested for the murder of Morton’s wife Christine, as well as a second woman he allegedly killed in similar fashion while Morton was behind bars.

Last week, a five day hearing examined Judge Anderson regarding his conduct in the case, in a special court of inquiry to determine whether he engaged in criminal wrongdoing as well as unethical prosecution. Among the questions raised was why Anderson never divulged to Morton’s defense team a police report that Morton’s neighbors had said that they saw a suspicious man walking into the woods behind the Morton home shortly before the murder, and why Morton’s three-year-old son’s statement that “a monster,” not his father, beat the child’s mother to death was similarly withheld. On the stand enduring five hours of questioning, a tearful Anderson could only say that he didn’t remember not turning over the evidence to the defense, while defense attorneys adamantly insisted that they never received it. The hearing also revealed that Anderson kept his lead investigator from testifying at trial, when his testimony would have ensured that the child’s statement and the report about the stranger were raised in court, as well as allowing defense attorneys to cross-examine the investigator regarding his peculiar theory of the case.The theory, which was subsequently endorsed by DA Anderson, was that Morton become homicidal after his wife fell asleep when he sought to have sex with her, and donned his scuba wet suit so his son wouldn’t know it was him beating her to death. Continue reading →

Accountability For Tawana Brawley

/ Jack Marshall / 17 Comments
Al Sharpton and Tawana, ruining lives. Nice hair, Al.

Al Sharpton and Tawana, ruining lives. Nice hair, Al.

Tawana Brawley was 15 when she was championed by the Rev. Al Sharpton after she falsely claimed that she had been kidnapped, raped, and smeared with fecal matter by a group of white men. Now Brawley, 40, going by the name of Tawana Gutierrez, and employed at a Richmond nursing home, has received a wage-garnishment order to collect the $431,492 judgment against her in a 1997 defamation case brought by one of those men, Steven Pagones, who at the time of her 1987 accusation was a state prosecutor in New York.

Good!

Sharpton, who also was hit with a large damages verdict in the case, has already paid up. His outrageous race-baiting at the time was worth it to him, since it set set the race huckster on the road to celebrity that culminated in his being anointed as a respectable MSNBC host and commentator. Respectable for MSNBC, that is. Brawley still has public support,  as the tender-hearted raise all sorts of arguments why she shouldn’t have to pay Pagones such a large amount. She is poor, they say. He should forgive her. She was only 15. She was disturbed. Now she is a single working mother, and we are really punishing her child. It was all Sharpton’s fault. And so on. Continue reading →

Ethics Bob Asks: “Did Torture Lead Us To Bin Laden”? My Answer: “So What If It Did? It Was Still Wrong.”

/ Jack Marshall / 36 Comments
It's all for the best.

It’s all for the best.

The last time my friend “Ethics Bob” Stone blogged about ethics, it was way back in August, and he was writing about some guy named “Romney.” Now he’s back on the job, thank goodness, with a comeback post titled “Zero Dark Thirty: Did torture lead us to Osama bin Laden?”. And he’s ticking me off.

“Zero Dark Thirty” is Hollywood’s treatment of the search, apprehension and execution of Osama Bin Laden. The film suggest that methods of torture were employed by the CIA to uncover crucial intelligence that led to the terrorist mastermind’s demise. Torture opponents, including some U.S. Senators, are alarmed by this, and disputing the film’s account. (Imagine that: a movie that misrepresents history!) Meanwhile, conservatives, neocons, Bush administration bitter-enders, talk radio hosts and admirers of Dr. Fu Manchu and James Bond villains are citing the film as confirmation that they were right all along: torture is a wonderful thing.

I am puzzled that Bob got in the middle of this debate as an ethicist. “It worked!” and “It came out all right in the end!” are not valid ethical arguments or justifications. The first is an embrace of a pure “the ends justify the means” rationale, a favorite tool of Auric Goldfinger and Dr. No. The other is consequentialism. When ethicists and principled opponents of torture allow the issue to be adjudicated on this basis, they are surrendering their principles at the outset. “Torture doesn’t work” is a pragmatic argument, not an ethical one. If the societal consensus regarding torture is going to be determined by how much we can benefit by returning to the rack and wheel, then ethical considerations have already been jettisoned. Continue reading →

Comment of the Day: “Jonathan Montgomery: Victimized By An Unethical Tag Team Of A Vicious Teenager And An Officious Attorney General”

/ Jack Marshall / 3 Comments

catch-22Reader John Robins provides additional, and depressing, perspective on the Montgomery case, discussed in today’s post, Jonathan Montgomery: Victimized By An Unethical Tag Team Of A Vicious Teenager And An Officious Attorney General. Here is his Comment of the Day:

“It gets worse than this, actually. Although everybody acknowledges that Montgomery is innocent, he must still report to a probation officer and must register as a sex offender until the Virginia Court of Appeals grinds its way through the Petition for Writ of Actual Innocence, which may take several months, and is being handled by the Innocence Project out of D.C. I know what went on in this case and what happened because my office was involved in the defense. Continue reading →

Jonathan Montgomery: Victimized By An Unethical Tag Team Of A Vicious Teenager And An Officious Attorney General

/ Jack Marshall / 7 Comments
What now qualifies as a rising star in the Virginia GOP.

Atty. Gen. Cuccinelli: What now qualifies as a rising star in the Virginia GOP.

Jonathan Montgomery was recently pardoned by Virginia Governor Bob McDonald for a rape he never committed. This inherent contradiction—“We know you’re innocent, and we forgive you” —was made necessary by a sequence of events that could have been devised by Kafka, Stephen King or Mel Brooks, but unfortunately really happened. They happened because of two individuals who were absent the day basic ethics were handed out.

First and foremost in this wing of the Hall of Ethics Shame was Elizabeth Paige Coast, from the Tawana Brawley school of sociopathy.  When she was a teenager in 2007, her parents caught her surfing internet porn. To deflect their anger and avoid punishment, she concocted a story about how her sex drive had been addled as a result of being sexually molested when she was ten by a neighbor hood 14-year-old, Montgomery. She thought, since his family had moved away, that nothing would happen to him. Wrong. He was arrested and she testified against him to avoid telling the truth to her parents, putting him in jail for four years before she finally decided to recant her accusation. We are told that she has been charged with one count of perjury, and was fired from her job with the police department. Not enough, not by a long shot.

Then Virginia Attorney General Ken Cuccinelli decided to pick up where Coast left off. Continue reading →

In the Wake Of The BP Disaster, Another Andersonville Trial

/ Jack Marshall / 13 Comments
Someone has to be held responsible, even if nobody is to blame.

Someone has to be held responsible, even if nobody is to blame.

I don’t know about you, but I was certainly surprised to discover that in the view of the Justice Department, two men I had never heard of, Robert Kaluza and Donald Vidrine, were the ones responsible for the April 20, 2010 explosion of a BP oil rig that caused millions of barrels of oil to leak into the Gulf of Mexico for months, polluting the waters and the shores and causing billions of dollars of damages. That is the clear implication of the decision to prosecute the two rig  supervisors for manslaughter in the deaths of the eleven BP workers who perished in the blast.

Obviously, this makes no sense at all. Other government authorities have treated the BP spill as resulting from a complex series of errors, misjudgments, and regulatory violations on the part of several companies and their management teams. The allocation of responsibilities and damages will take years to unravel. How then can Kaluza and Vidrine, who are accused of disregarding abnormally high pressure readings that according to the government should have alerted them to the danger of a  blowout at BP’s Macondo well, be the ones facing criminal charges and prison time? How can this be fair, just, or even possible?

It isn’t fair or just. It is possible because it is easier to finger the two middle-managers who inherited the flawed well equipment that was a ticking time bomb than to put a whole company, or many companies, behind bars. As the F.B.I. agent investigating the theft of the Declaration of Independence keeps telling Nicholas Cage’s treasure hunter in the Dan Brown rip-off  movie “American Treasure,” “Somebody has to go to jail.” Kaluza and Vidrine may be the designated villains for the BP spill. Their only crime was one of moral luck: they were in the wrong place at the wrong time, the final links in a tangled chain of incompetence, corruption and miscalculations. Continue reading →