Criminally Negligent
I was surprised — shocked even — when a federal jury today chose the death penalty for the Alfonso Rodriguez, Jr.: the man the same jury last month found guilty of killing college student Dru Sjodin.
Eyes of Infamy. Above, the downright creepy mugshot that’s been shown on almost every newscast related to this case. And that’s what we all know it’s about — creepy sex offender kills pretty young student. Rodriguez was convicted in the court of public opinion years before this jury convicted him.
But why am I blathering about that? I don’t dispute Rodriguez’s guilt, I dispute every step taken to prove it, and even more every step taken to put him on death row. This crime is questionably of federal concern: it only eligible for the death penalty because he drove 50 miles east. If he’d driven 50 miles north, 50 miles south, or 50 miles west he wouldn’t be eligible. The people of North Dakota and Minnesota didn’t abolish their capital punishment statutes for kicks and giggles: as the people of these states, we oppose state-sanctioned pre-meditated killing. But he went 50 miles east.
Statistically, there’s hope. I choke on this number every time I read it. Albeit mostly on technicalities, 67% — more than 2/3 — of capital convictions are overturned.
As I said, mostly technicalities, but legitimate and sucessful appeals nonetheless. Even more scary, since the de-facto ban on the death penalty was lifted in the 1970s, twelve people have been executed in Illinois. Thirteen originally placed on death row were found innocent.
Race has also been speculated as an underlying motive for the harshness toward Rodriguez. After sending off an angry e-mail to Carol Overland — with whom I’d previously discussed the frenzy — I received a short response:
“I wonder if it would have been the same if he were white and at least middle class…”
I try to not assume race was a factor in this trial, but Carol’s comments are not alone. And apparently not inaccurate: A 2003 Amnesty International study (the same from which I retrived the Illinois number) showed that though Blacks make up only 12% of the general population, they account for 42% of inmates on death row.
Bottom line: We cannot tolerate the use of such a final, irrevocable, and inaccurate punishment.
So I examine this gem of the criminal justice system — complete with weeping jurors (during the reading of the sentence), mysteriously changing testimony, and ignorance to the plethora of mitigating factors presented by the defense — I wonder when we’ll wake up and realize that this isn’t that different from the playground: just because Johnnie hits you, that doesn’t mean you can hit him back. Dru Sjodin didn’t deserve death. And neither does Alfonso Rodriguez.