Ethics, Justice and Punishment: The Don Collins-Robert Middleton Case

Collins

Several readers sent me this case, which is as odd as it is horrible. In 1998, Don Willburn Collins allegedly attacked, possibly raped, and set on fire an 8 year-old boy named Robby Middleton when Collins was 13, and Middleton was only 8. Collins spent several months in juvenile detention but was released when prosecutors decided they did not have enough evidence to convict him. Middleton survived, permanently scarred and maimed, his health ruined. In 2011 he died of skin cancer, which doctors attributed to his burns. Shortly before he perished, he gave a video deposition accusing Collins of the crime.

Now a judge has ruled that Collins can be prosecuted for Middleton’s murder, since he died as a direct consequence of the attack 13 years earlier. Moreover, the judge said, he can be charged as an adult, though he was a juvenile when the attack took place.

The case raises many legal issues, and I am neither prepared nor interested in exploring those. I suspect that the task facing prosecutors is insuperable, given the time that has passed, issues of proof and law, and the gut feeling many jurors will harbor that such a conviction would be unfair.

I will render this ethics verdict, however: If Collins was the attacker, I believe it would be fair, just and ethical for him to be punished for it now as an adult, for that is what he is. Continue reading

And The Trayvon Martin-George Zimmerman Ethics Train Wreck Rolls On…Apparently Forever

It may be a train wreck, but if you're a liberal race-baiter, it's such a darned comfy one...

It may be a train wreck, but if you’re a liberal race-baiter, it’s such a darned comfy one…

The Michael Dunn trial ended without a verdict on the first degree murder charge, and the news media just couldn’t help themselves. Although the facts of two cases have virtually nothing in common, various prominent media figures could not resist connecting it to the Trayvon Martin killing and George Zimmerman’s trial, thus compounding the damage they have already inflicted on the public’s understanding of law, race, and ethics.

Other events spurred them on as well. There was the George Zimmerman interview in which he described himself as a victim, and this set some people off. Zimmerman is a victim—a victim of being made the race-conflict advocate’s poster boy for profiling villainy and bigotry when there are absolutely no facts that support such a characterization. He’s just not the dead victim in his tragic episode. Nor is the status of irresponsible, gun-toting fool necessarily incompatable with the status of victim in his case, but such nuances are beyond the comprehension of many among us, especially the many with press credentials.

Then the Providence College Black Studies Program announced that it would continue to give out an annual award called the Trayvon Martin Award for Social Justice, intended to honor those who have shown leadership and commitment to ”challenging and eliminating racism” and “empowering others to seek social justice.” The inexcusable implication of the award is that Trayvon Martin was the victim of racism, and that Zimmerman’s acquittal was social injustice, when in fact it was the epitome of the justice system working well. The program established the award in 2012, before Zimmerman had been tried or permitted to mount a defense in court, so this was no surprise. In fairness, the award needs to be renamed the Trayvon Martin “Our Minds Are Made Up So Don’t Confuse Us With Facts” Award. But then, fairness is not what the enshriners of this false but convenient narrative care about.

This morning,  CNN’s  over-opinionated morning news co-anchor Chris Cuomo (I’ll bet you he runs for office as a Democrat within five years or less) was showing part of his taped interview with Dunn prosecutor Angela Corey. I admit that it was fun watching Corey squirm under Cuomo’s biased and misleading questioning regarding the Martin and Dunn trials; she contributed greatly, after all, to the rush to judgment and trial-by-publicity in the Zimmerman case. Still, Corey tried to make a valid point to Cuomo (whose partner, Kate Bolduan, increasingly sits compliantly and submissively in silence while Cuomo takes over the broadcast and crosses lines of journalistic objectivity left and right): by focusing on a few high-profile cases, media coverage distorts the public’s perception of Florida’s stand-your-ground law as well as the justice African-Americans, victims as well as those accused of crimes, receive in the courts.

Cuomo proceeded to prove Corey correct. First he falsely described the Martin case, describing it as an instance of a young black man, minding his own business, getting into a confrontation, who “wins a fight, essentially”–these were Cuomo’s exact words—gets killed for it, and his killer goes free. This would be unforgivable from a guy in a bar; it is outrageous from a news anchor. If Martin had been shot by Zimmerman after the fight had ended, as Cuomo’s false description suggests, then he would have been guilty of murder beyond question. The evidence presented at trial indicated that Zimmerman shot Martin while he was losing a fight, and when he had no way of knowing how victorious the man on top of him intended to be. That created sufficient evidence of self- defense to win Zimmerman an acquittal. Cuomo was spreading false information to fit a politically motivated false narrative. Continue reading

The Quality Of Mercy Is Not Strain’d, But It Is Sometimes Infuriating

"Murdered toddler...price? Oh, I think 5 years is about right."

“Murdered toddler…price? Oh, I think 5 years is about right.”

I find this story, from Virginia, harder to accept than the infamous “affluenza” case:

MANASSAS — A judge has sentenced a Manassas baby sitter to five years in prison for the murder of a toddler she had been watching, leaving the child’s family outraged by the light sentence.Twenty-two-year-old Jessica Fraraccio pleaded guilty last year to killing 23-month-old Elijah Nealey after he wouldn’t stop crying.Fraraccio had initially said Elijah slipped in the tub, but months later admitted pulling a chair out from under him and smothering him.

Why? 1) The murder was intentional. 2) Fraraccio was in a position of trust. 3) She, unlike Ethan Couch, the teenaged drunk driver in the “affluenza” vehicular homicide case, was an adult. 4) As bad as killing someone accidentally while driving drunk (and without a license, and speeding) is, killing a helpless infant intentionally is worse.

Worse also than the lenient judge’s rationale in the Ethan Couch case—she believes the boy can be rehabilitated—is the utterly indefensible theory of the judge who sentenced Fraraccio. From the Washington Post: Continue reading

Unethical Website Of The Month: Ranker

"One of these things is not like the others..."

“One of these things is not like the others…”

Lists, especially stupid celebrity lists (Worst plastic surgery…Most overpaid…Actors with famous siblings…Actresses with high IQs) are a staple of the internet, and there are sites like Cracked (which does them well), Buzzfeed (which occasionally does) and Bleacher Report (which is sloppy unless it is doing lists of hot women, in which case it is just undiscriminating) that often appear to do little else. That’s fine; everything on the web doesn’t have to be edifying, profound or useful. Still, there are some basic rules of competence and responsibility even in list-making on the web. One is that as with any conduct involving the conveyance of information, do your homework and don’t mislead readers or  create misconceptions.

Another is that when you are dealing with individuals to whom you owe your nation’s very existence and who are as superior to you as a human being as you are to an anteater, show some damn respect.

Ranker, a second tier list site apparently operated by junior high school drop-outs (but whose lists are “recommended” by more respectable and heavily trafficked sites like Mediaite and The Daily Beast) failed these two essential principles with their offensive list, “33 Celebrities Who Have Killed People,” introduced with this:

“…Many celebrities were involved in tragic accidents that resulted in deaths, while others committed cold-blooded murder. Some celebs have served time in prison stemming from convictions, and others have gotten away with murder; sure, maybe they were wrongly accused, or maybe they just had great lawyers. Several famous people were involved in deadly car accidents. Former First Lady Laura Bush missed a stop sign and slammed her car into another vehicle, accidentally killing her friend who was driving the other car. She was in high school at the time of the accident. Other celebs who killed people in car accidents include Keith Moon, Ted Kennedy, and Rebecca Gayheart. What do you think about all the celebrities who have killed someone?” Continue reading

The 27th Victim

NANCY-LANZA

Somehow, before yesterday, it had escaped my notice that the various commemorative events relating to the massacre in Newtown, Conn. have intentionally omitted mention of Adam Lanza’s mother.  This week, Gov. Dannel Malloy has asked that churches across the Connecticut toll their bells 26 times, once for each victim of the massacre–each victim other than Nancy Lanza, that is. A vigil with 26 candles was attended by President Obama last December, and moments of silence at sporting events around the country often are timed to 26 seconds. Last April’s Boston Marathon was dedicated to the grieving Newtown families, with one mile of the traditional 26 mile race dedicated to each victim. There were 27 victims that day, of course: Adam Lanza’s long-suffering mother was victim #1, shot dead in her bed by the son she loved. Why doesn’t her death count? Continue reading

The Outrageous, Offensive, Ethical Murder Defense

"OK, granted, my client killed her. That's wrong. But shouldn't he get some credit for the fact that her loss is a net gain for society?"

“OK, granted, my client killed her. That’s wrong. But shouldn’t he get some credit for the fact that her loss is a net gain for society?”

The evidence at trial showed that Rasheen Everett arrived at Amanda Gonzalez-Andujar ‘s Queens ( New York) apartment on March 27, 2010, and almost 24 hours  later, left carrying two bags filled with the prostitute’s belongings including her camera, laptop and cell phone.. Her lifeless body was later discovered, covered in bleach. The judge pronounced the defendant, who showed no remorse during the proceedings, “a coldhearted and violent menace to society.”  Everett apparently killed Amanda after discovering that she was transgendered. She had solicited him over tbe internet.

Desperately arguing to keep Everett’s post-conviction sentence as light as possible (it turned out to be 29 years in prison), Queens defense attorney John Scarpa made about as repugnant an agrument to Queens Supreme Court Justice Richard Buchter as the imagination could devise. “A sentence of 25 years to life is an incredibly long period of time, judge,” Scarpa protested. “Shouldn’t that be reserved for people who are guilty of killing certain classes of individuals? Who is the victim in this case?” he asked. “Amanda was engaged in a life of prostitution, life of drug use, HIV exposure. She was having sex with other individuals knowing she had the chance of spreading diseases….Is the victim a person in the higher end of the community?” he asked.

This theory would have ensured Jack the Ripper, had he ever been caught, a work release program, perhaps in a butcher shop. Continue reading

Comment of the Day: “Ethics Quiz: The Kidneys of Orlac”

But first, a last act of altruism...

But first, a last act of altruism?

The presumptive winner of the annual Ethics Alarms award for “Commenter of the Year” in 2013, texagg04has delivered a Comment of the Day expanding the topic of the post regarding a condemned prisoner in Ohio who wrangled a postponement of his execution so he could donate his organs to relatives. Here is  texagg04’s  take on “Ethics Quiz: The Kidneys of Orlac.” I’ll have some comments at the end.

“First, a murderer or other capital criminal being held responsible for his or her conduct seems to be in conflict with the same individual being allowed to display charity when you say they  forfeited their freedom, all of it, with their commission of a  capital crime. I’m not so sure it should be viewed from that angle.

Punishment serves a variety of purposes. Some petty crimes receive punishment designed to compensate, as best as can be, the victim – the victim being dead, capital punishment does not serve this purpose. Some crimes are of an anti-social nature, and the apt punishment seeks to rehabilitate or reconcile the perpetrator to the community. Capital crimes are so heinous that we have determined that the perpetrator must be completely cut off from society, through their death. In this case, the punishment does nothing for the victim OR for the criminal; the punishment is designed solely for the benefit of society.

If the criminal wishes to donate his/her organs to (what we must assume is to salve their own conscience – even though we can, probably, cynically assume is just a delaying tactic), we should not care one bit. They are gaining no material benefit from the community, nor are they engaging in any direct interaction with the community – so the act of cutting them off from the community as part of the punishment is still complete. Continue reading

Ethics Poll: The Amityville Kidney

"Wait---you're going to put THAT  inside me???"

“Wait—you’re going to put THAT inside me???”

In the comments to the post The Kidneys of Orlac, Texagg04 raises a fascinating angle that I had not considered. I have previously written, regarding state regulations that do not require realtors or sellers to disclose that a grisly murder or six occurred on a property, that a purchaser has the right to know about such conditions that may bother him personally, and that regardless of the laws involved, there is an ethical duty inform  a potential purchaser know that he is buying the site of the Amityville Horror (for example). Texagg04 suggests..

“Much like real estate agents ought to reveal that a house had a grisly murder in it, I’d submit that recipients of organ donations of this kind should get to be informed of the donor’s convictions.”

Hmmm. I’m not so sure. One of the reasons for my views about the death houses is that they may be difficult for the uninformed buyer to sell later if the home’s history is known or becomes well known. Also, there are always alternatives to buying a particular house—given a choice between the site of a murder and a similar house with no such history, I might opt for the latter—I’ve seen too many of the “Paranormal Experiences”  and “The Grudge” movies, I guess. But with donated organs, the options are more limited. Maybe not telling the recipient that he has the heart of the Green River Killer is the fair and kind thing to do.

Let’s vote!

Ethics Hero: Millikin University

This story sounds like it was dreamed up for joint production of the Lifetime Movie Network and Chiller.

Above: The scene of Wolcott's mothers shooting; below, his father.

Above: The scene of Wolcott’s mothers shooting; below, his father.

Millikin University is a private institution in Decatur, Illinois with approximately 2400 students. It has been thrust into local headlines with the discovery that one of its psychology professors, James St. James, who heads the schools Department of Behavioral Sciences, murdered his parents and his older sister when he was 15. Then he was called James Gordon Wolcott.

He changed his name after being treated in a mental institution, where he was sent after being found not guilty of the crime because he was legally insane at the time of the killings. High from sniffing glue, the brilliant but emotionally disturbed teen grabbed a .22-caliber rifle, walked into the living room and shot his father, then shot his sister and his mother.

Six years after being sent to Rusk State Hospital,  Wolcott emerged apparent cured, and ready to lead a productive life. Ironically, his patricide and his insanity  had greased the way for his rehabilitation: he inherited his parents’ estate and was able to draw a monthly stipend from his father’s pension fund. Changing his name to St. James, he earned a bachelor’s degree, a master’s degree and a PhD, and became an award-winning professor at Millikin. Professor St. James’ secret was undiscovered until this year. He is now 61. Continue reading

Dear Juror B29: Shut Up.

Maddy

ABC News has decided to stir the pot by persuading one of the George Zimmerman jurors—one hopes the dimmest one, but who knows—to grab 15 minutes of fame on “Good Morning America!” Friday morning. Thus will America not only be wished a good day, it will also be simultaneously treated to the marvel and horror of the jury system. The horror: that ignorant fools like Juror B29 sit on juries, ever. The marvel: that such juries still bumble their way to the right decision as often as they do…and one did in the George Zimmerman trial.

The last is hardly a consolation for having to listen to Juror B29, who dares to show her face on national TV, presumably because she is Puerto Rican and not one of the inherently and presumably racist white jurors, and because she has set out to confirm the misguided convictions of those ignorant about the case but determined to be angry about it anyway. “You can’t put the man in jail even though in our hearts we felt he was guilty,” she says. “But we had to grab our hearts and put it aside and look at the evidence.”

Shut up.

  • Juries aren’t supposed to “feel” criminal defendants are guilty until the evidence shows they are guilty beyond a reasonable doubt.
  • She has no idea what other jurors “felt in their hearts.”
  • Let go of your heart, B29, and spare us the self-glorification.

A nursing assistant and mother of eight children, the woman, calling herself “Maddy,” will be heard to say that she believes she owes Trayvon Martin’s parents an apology because she feels “like I let them down.”

Shut up.

  • A jury’s duty is not to the victim, or the victim’s parents. A jury’s duty is to the justice system.
  • The point of view of the parents of the victim in any crime is the most biased and irrelevant to a jury’s decision.
  • Stop sucking up, B29 What are you going to apologize for? Not sending a man to prison without evidence?

She says that the case shouldn’t have gone to trial and that it was ”a publicity stunt.”

Shut up.

  • It never should have gone to trial, but Zimmerman was guilty of murder and she wanted to convict him? That does not compute. B29 is hell bent on obliterating any credibility or respect a critic…or adherent…of the verdict could have had, in order to grab her moment in the spotlight.
  • Whatever the trial was, it was not a publicity stunt. But if Juror B29 really believed it was a publicity stunt, she should have been insisting on an acquittal from Day 1. But no…
  • ..because she says “I was the juror that was going to give them the hung jury.” You know, The dumb one. The one who felt a defendant brought to trial in a publicity stunt and a case that shouldn’t have gone to trial should be found guilty anyway.

She goes on to say, we are told, that

“It’s hard for me to sleep, it’s hard for me to eat because I feel I was forcefully included in Trayvon Martin’s death. And as I carry him on my back, I’m hurting as much Trayvon’s Martin’s mother because there’s no way that any mother should feel that pain.”

Oh, for the love of God, please shut up!

  • She was not “forcibly included in Trayvon Martin’s death,” whatever that is supposed to mean.
  • The more she talks, the more convinced rational people will be that juries should be entrusted to robots, computers, psychics, or maybe really smart household pets, because this is whiny, cowardly gibberish, and a disgrace.
  • Juror B29 is undermining the integrity of the verdict.

For a juror to do that is despicable, unless he or she is alleging jury tampering or other irregularities. It is every juror’s job to accept responsibility for a verdict, and not to try to game public opinion in an unpopular verdict by saying that she didn’t really believe in the final decision. Saying, as Juror B29 reportedly does (you can tell me about it, because I would rather gnaw my foot off than  give ABC a second of commercial viewing time for airing this offal), that Zimmerman “got away with murder”is ludicrous, and can only mean that 1) she doesn’t know what murder is, 2) she is pandering to the anti-Zimmerman fanatics, or 3) she didn’t vote according to the evidence as she saw it. If there wasn’t sufficient evidence to prove Zimmerman was a murderer, by definition  he didn’t “get away with murder,” because he didn’t commit murder under the law, and “murder” is a legal definition.

Despite the media jackals barking at their heels, responsible jurors should not speak about a case, the deliberations or the verdict. Irresponsible, blathering fool jurors like B29 shouldn’t either, and news shows shouldn’t seek to nauseate America and undermine the justice system by giving them a forum. Shame on ABC, which also, on its website, again called Zimmerman “a white Hispanic,” the term invented solely for the race-baiting to skirt the inconvenient fact of Zimmerman’s  multi-racial heritage. “Maddy,” however is just an uncolored Puerto Rican.

And the Trayvon Martin-George Zimmerman Ethics Train Wreck keeps rolling on…

_______________________________

Sources: ABC News, Washington Post

Graphic: ABC News