This is new developments about an old crime. This was not a crime that involved a firearm. But it does address the issue of domestic violence, the abused victim and our legal system. Many domestic violence crimes DO involve firearms, or threats of the use of firearms. Firearms are used frequently in violent domestic relationships resulting in murder / suicides. So it clearly is appropriate for us to discuss and consider here the defense that victims use of killing their abuser out of a long pattern of fear of injury and fear of being killed. This would appear to be a more real and justified fear than some of the other fears expressed by the pro-gun side. Agree, disagree, discuss!
From MSNBC,com and the AP:
Mark Humphrey / AP
Gaile Owens hugs a friend, Linda Oakley, after Owens was released Friday from the Tennessee Prison for Women in Nashville.By TRAVIS LOLLER
NASHVILLE, Tenn. — A Memphis woman who spent 26 years on death row and came within two months of being executed for hiring a stranger to kill her husband was freed Friday from a Tennessee prison.Gaile Owens, 58, was greeted by a small group of supporters outside Tennessee's Prison for Women. Owens was all smiles as she pushed a yellow laundry cart containing her belongings past the prison's razor-wire fence to freedom.Owens was sentenced to die in 1985, but her death sentence was commuted to life in prison last year and she won parole last week.Mark Humphrey / AP
Gaile Owens walks with her son Stephen as she is released.Once out, she gave her son, Stephen Owens, a long embrace, as well as a former cellmate who is now free.Owens issued a statement before leaving. She said she feels a "responsibility to give back to those who have given so much to me.""I'm looking forward to leading a quiet, private, but productive life," Owens said. "But more than anything, I'm looking forward to being a mother and a grandmother. I can't wait to see my grandchildren, and to fulfill my dream of walking in the park with my family."Stephen Owens, who is now grown and has children of his own, said he realized the transition for his mother was not going to be easy."This will be a slow process, but we will focus on one day at a time," said Stephen, adding that's he's looking forward to spending the rest of the day with his mother. "The days ahead will be completely new and different for all of us; but as always our confidence and trust are in God."Supporters had urged her release, claiming she was a battered wife who didn't use that defense because she didn't want her young sons to know about the physical and sexual abuse.John Seigenthaler, founder of the First Amendment Center at Vanderbilt University and an Owens supporter, said the first time he met her nearly three years ago, he could tell she was sincere and fearful of the future.Owens' sentence was commuted to life in prison in July 2010 by former Gov. Phil Bredesen. He acknowledged the abuse claims but gave a different reason for his decision to spare her life. Bredesen said prosecutors had agreed not to seek the death penalty if Owens pleaded guilty but then put her on trial when her co-defendant wouldn't accept the deal.Sidney Porterfield, the man she was accused of hiring to kill her husband with a tire iron, was also sentenced to death. He is still on death row.At the time Owens was imprisoned, a life sentence meant serving 30 years and she was eligible to be released now because of good conduct.Many of the supporters who greeted Owens when she was released said she had a strong faith while incarcerated and was heavily involved in prison ministry.Marshall Chapman, a singer/songwriter and supporter, acknowledged Owens committed a terrible crime, but said she believes in redemption."And I feel like she's paid her debt to society," Chapman said.
This is bad--for people still on death row.
ReplyDeleteWhat happens the next time that a death row inmate is nearing execution and there is a campaign to commute their sentence to life? Their greatest argument that "they will be in prison for life; no way they will ever be released" just went out the window.
I'm about 90% against the death penalty--I haven't been able to get over the "greatest deterrent" argument and join those totally against it. But the truth is, I just don't trust the state to get it right. Too many convicted have been exonerated through DNA and other new evidence. As such, I have always felt that if there were a serious question of guilt, there is nothing wrong with erring on the side of caution and commuting or at least postponing a sentence until it can be sorted out.
Now, if there is a chance that someone that has been commuted to life is going to be turned loose, I may be less inclined to support commuting to life. This isn't a case where the guilty was later proven innocent. This is a woman found guilty, sentenced to death, exhausted appeals, commuted to life, then just turned loose on the streets.
Actually, FWM, no it is not a case of "a guilty woman just being turned loose on the streets."
ReplyDeleteHer sentence was commuted because of bad faith in the actions of the prosecution, if you read down to the bottom. Further, she had bad lawyering in the conviction, in that she did not- rightly or wrongly -make the most complete and persuasive defense that she could have made.
Further, as to her sentence, a life sentence in this state equates to 30 years. She served the full amount of time of the life sentence, with time off for good behavior, that she should have served, so it is NOT like she is getting away with something unpunished.
Looking at all the elements, I think this as fair. What she did equates more to manslaughter than to murder, which is still horribly wrong, but not the same as murder, and therefore should be punished proportionally.
I think if you look at ALL the elements, we are actually more in agreement than in disagreement.
Yeah, what FatWhiteMan sez, cuz, like 30 YEARS in prison is a cakewalk.
ReplyDeleteI do not know anything really about this specific case. I am sure this woman is sorry and will be grandmother of the year.
ReplyDeleteBut if someone that has not been exonerated through evidence and is still considered guilty of capital murder can go from the death penalty to release because her sentence was commuted, that may weigh into the next time a criminal seeks to have a death sentence commuted. Like I said, one of the arguments (I think maybe even used by Laci or MikeB) during the discussion of the Georgia cop killer, was that there is no harm to commuting the sentence to life in prison instead since he would never be released.
I just think this could have impact on future attempts commuting death sentences to life sentences.
FWM,those differences you 'don't know anything about' make all the difference here. Imho - they contradict your point.
ReplyDeleteI think she did more than enough time for her crime. The original sentence was ridiculous, however, I don't think battered women should take the law into their own hands any more than anybody else.
ReplyDelete