Executing Failure
(Originally posted on Daily Kos.)
Last night, I saw a grown man cry like a baby. He was kin to Kenneth Wayne Morris, executed by the State of Texas yesterday on his 38th birthday. I was on my way from a capital hearing near Dallas to Texas's death row in Livingston to visit clients. On my way I stopped in Huntsville, where Texas conducts its executions. I had two thoughts when I saw Morris's relative, crying in grief while standing among a crowd of people protesting Morris's death outside the walls of the Huntsville unit, the prison that contains Texas' death chamber.
My first thought was of a story renowned death-penalty lawyer Bryan Stevenson often tells, and my second was of a recent Pew Study concerning prison spending.
I have often heard Stevenson tell about the kind treatment experienced by a client on the day leading up to his execution. In sum, every hour or so, a guard or warden approached the client asking if he needed something: "What would you like for your breakfast today? What would you like for your lunch, dinner, dessert? Would you like to speak with the chaplain? Would you like a telephone call home? Would you like a room where you can meet in private with your family?"
In the hour before his execution, the client remarked:
"Mr. Stevenson, today people have offered to meet my every need. That has never happened to me before. No one asked if I needed anything when my father beat me as a child. No one asked if I needed anything when my family lost its home. No one asked if I needed anything something when my school placed me and other poor African-Americans in special education, even if we could have succeeded in regular classes with a little help. No one asked if I needed anything when I started to run with a gang because it was the only place I could find safety, protection, and acceptance. No one asked if I needed anything when my time in state prison taught me more violence, rather than a skill I could use when I got out."As I stood outside the prison last night, I wondered not about how Morris, who is also African-American, was treated on the day of his execution, but about what happened in the years leading up to his capital crime. Stevenson's story is a familiar one to capital defense attorneys: we see the government pouring extraordinary resources into obtaining and carrying out death sentences after doing next to nothing to help our clients before they become occupants of death row. Not enough is done when they could have been helped or rehabilitated.
A study published by the Pew Center on the States helps to explain the lack of adequate help for our clients earlier in their lives. The study found that the growth in state prison spending, which has quadrupled in the last two decades, outpaces state budget growth in every area except Medicaid - including education, transportation, and public assistance. The study also found that one in 11, or 9.2 percent, of African-Americans are under state correctional control, compared with one in 45 whites, or 2.2 percent. Thus, money that could be used to help disadvantaged African-Americans in need is spent to imprison them. Notably, Morris spent time in state prison before his capital crime.
Ideally, society should encourage and help its people to realize their full God-given potential. At a minimum, it should help youngsters and their families when doing so could prevent them from turning to crime. When society fails in this regard, it simultaneously falls victim to crime and puts one of its own behind bars at state expense. And while prisons do have an appropriate role in incapacitating dangerous criminals, they are equally a place where, all too often, inmates who could be rehabilitated learn, instead, more violence and how to be a better criminal.
Because we fail so dramatically to devote resources to help young people in desperate need, we often end up paying far more later on.
We know Morris had the potential for rehabilitation and redemption: he issued a sincere apology to the victim's family in his final statement. His capital murder and the execution represent yet another failure of society to help someone who could have been helped as a youth, or rehabilitated in prison.
Mar 5th, 2009 at 5:30pm
The 'criminal justice' apparatus in this country has only moved further and further away from trying to rehabilitate people and help them become productive members of society. Since the 'war on drugs' an ever increasing portion of our population has been pushed to the fringes out our society. While politicians have used a get tough on crime platform to seek reelection. The get tough on crime platform has helped to eliminate programs for inmates, while ever increasingly powerful unions have lobbied for more jobs, and more prisons to be built.
As long as Profit can be insured off arresting people, and increasing recidivism rates, there is no justice nor is there a hand to help people who otherwise would lead normal happy lives.
Mar 5th, 2009 at 9:19pm
"We know Morris had the potential for rehabilitation and redemption: he issued a sincere apology to the victim’s family in his final statement."
How do we know that. Maybe he felt repented only because he knew he was going to die.
The simply fact of the matter is that we are responsible for our choices. Only Kenneth Wayne Morris is responsible for his actions.
Mar 6th, 2009 at 12:02am
Dear Brian,
I very much appreciate your article about Kenneth Morris' execution.It is very tragic what the State of Texas continues to do. I was even more saddened by the fact that the execution fell on his birthday. The young man that you described was Kenneth' best friend who had known him since they were little kids, I was told by a friend who was out there to protest. I have a husband on death row in Texas and he has spent 14 years of his life there, for a crime he did not commit. We are doing all we can to help abolish this very bias, racist form of punishment.
Thank you again for your insight and for demonstrating a much needed sense of humanity
Mar 6th, 2009 at 6:20am
I've known and written with Kenny for six years and during this time he became a dear and special friend and I got to know him pretty well. Of course what he did was wrong and had to be punished, but the death penalty is never the answer. The death penalty is cruel and inhuman and I just can't understand that it still exists in a country that calls itself civilized.
What Kenny did was wrong, but he was not a bad person and he should have gotten a second chance. During these past six years I got to know Kenny as a spiritual, remorsfull person with a good heart.
All life is sacred and precious and killing is always wrong, so what gives the State of Texas the right to kill it's own citizens?
Kenny is now free at last, may he rest in peace.
My heart goes out to Kenny's wife Donna and his family and loved ones.
Marion Meijboom
The Netherlands
Mar 6th, 2009 at 3:37pm
Thank you, very wise words. I'm a friend of one of Ken's friends.
Mar 6th, 2009 at 9:07pm
"What Kenny did was wrong, but he was not a bad person and he should have gotten a second chance. "
The way his victim was given a second change? Murders are bad people.
Mar 7th, 2009 at 5:43pm
Capital punishment is wrong in all cases.
Let's rehabilitate convicted people of minor offenses and freepot-smokers who did not endanger anyone.
Mar 7th, 2009 at 5:48pm
I meant:
Let's free pot-smokers and other drug users who did not endanger the life of any person.
Mar 8th, 2009 at 12:59am
while we're at it, let's try rehabilitating Osama bin Laden and the rest of his friends, give him that second chance. he's not morally responsible, it's his society's fault. after all, criminals aren't evil, they're just "sick" and need to be pampered at the taxpayer's expense. yeah right. you guys are so full of shit. nice emotional appeal with the crying family member. not.
Mar 8th, 2009 at 5:01pm
I hope he and other Death Row convicts feel the pain when that Potassium Chloride Hits! For all the pain and suffering they have causedto innocent victims. To bad you don't help the victims. Maybe if someone in your family was violently murdered, you would feel the same.
Mar 9th, 2009 at 11:12am
> he’s not morally responsible, it’s his
> society’s fault.
He is responsible. Also, we failed as a society. Those things do not exclude each other. Neither is "responsibility" an argument for the penalty. Since responsibility is a requirement to be considered a criminal in the first place, it is an unfit element to determine the level of punishment.
> criminals aren’t evil
That really comes done to a question of one's world view. If you want to divide the world into good and evil, then that's your choice I guess. It's just terribly naive, simplistic and frankly, lazy. But that's ok, you don't have to care if you don't want to.
I just fear it will devalue your sympathy for the victims that you claim is so important for you. Are you going to abandon them when they get a parking ticket?
> Maybe if someone in your family was
> violently murdered, you would feel
> the same.
Maybe, but that wouldn't make him more right, would it. If anything, the opposite, since he's now impartial. There's a reason we have judges and juries and all that shit.
I'm sure the recent case of that blinded Iranian woman is right up your ally. Maybe consider moving there?
Mar 9th, 2009 at 2:17pm
EJ wrote:
> I hope he and other Death Row convicts feel the pain when that Potassium Chloride Hits!
Hey EJ, ever heard of “cruel and unusual punishment”? Any other unconstitutional suggestions?
Mar 12th, 2009 at 8:30pm
yep - he should've been fried years ago... according to those with experience of people on 'the row' none of their men are guilty and all are falsely imprisoned for crimes they did not commit. Tree huggers need to wake up and smell the coffee and to admit that there is no rehabilition for some people - and why should we waste resource on that. People bring up 'oh, but it isn't a deterrent' neither is prison apparently (according to US stats), so what do you suggest... how bout a dog walking programme for our murderers.. that'll work!!!
Mar 19th, 2009 at 1:28am
This convicted murderer had plenty of chances to prove his innocence or he is not guilty. He finds remorse in front of a judge & governor. If he would have served 20 years he would have been out commiting more crimes & bigging down the system. The ACLU is against the convicted killers from being executed at the same time they are for abortion? (killing of innocent babies) I am trying to figure this out.
Mar 23rd, 2009 at 5:27am
i think its very sad that people not only want to execute fellow citizens they wish suffering on them i know some people cannot live with the rest of society but we dont have the right to execute them a rapist is given a sentence just before release we rape him thats what the death penalty is about 10 or 20 years in prison then execute them its not punishment its revenge and there should be no place for revenge in civilised soceity even when there is doubt about peoples guilt they dont stop the execution they try to fast track it defendants are not given adequate lawyers america should be ashamed of the poor defence poor people have the justice system is against any one poor or uneducated these people seem disposible to the americam justice dept one quote from a judge "if they was framed the police must of framed them because they are guilty off something similar" i dont think justice should be linked to votes thats how innocent people get framed these people want to show results and any one will do i think when someone is wrongfully convicted the investigating police and prosecutor should be prosecuted especially when they suppress evidence that shows innocence you cant have the death penalty when the justice system is so corrupt and stacked against the poor
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