Home arrow Writings arrow Karl's Skeletons: American Justice Betrayed

Translate

Search

About

Pacific Free Press was launched in March 2007 by Dutch-Canadian Richard Kastelein of V.O.F. Expathos, in the Netherlands along with  Chris Cook - CFUV radio journalist and Editor in Chief of Pacific Free Press. Cook is based in , Victoria, British Columbia.

The site is a sister to Atlantic Free Press.

The mission of Pacific Free Press is simple: to dig out nuggets of truth from the slag-heap of lies, ignorance and witless diversion that has buried public discourse today. Pacific Free Press provides a new venue for disseminating hard news and insightful, fact-based analysis of the harsh realities too often ignored or distorted by the mainstream press.

 

Karl's Skeletons: American Justice Betrayed Print E-mail
Written by Roger Shuler   
Saturday, 12 July 2008
Progress in the Paul Minor Case?
by Roger Shuler
The Paul Minor case has a special resonance here at Legal Schnauzer. And word comes today we have reached a landmark on the road to possible justice in a case that can only be described as gruesome.

Attorneys for Minor have filed an appeal in the Fifth Circuit Court of Appeals. We will look at some of the key issues on appeal in a moment. But first, a word about why this case matters so much to us--and why it should matter to all Americans.


 
Our blog, which recently passed its first birthday, has focused primarily on three cases--two criminal prosecutions in federal court (the Minor case in Mississippi and the Don Siegelman case in Alabama) and one civil case in state court (my own legal travesty in Alabama).

The three cases might not seem to have much in common at first glance. But a common thread runs through them all: They all feature wrongdoing driven by people who are in, or have unusual connections to, the Bush Justice Department.

So what makes the Minor case special here in SchnauzerLand? Several things:

  • Until I heard about the Minor case and began researching the issues involved in it, I did not fully understand how badly I had been cheated in my own case. And I did not begin to understand how badly Don Siegelman had been cheated in his case.
  • Because of the Minor case, I became aware of, and developed a layman's understanding of, honest-services mail fraud. And that criminal charge is central to all three of our featured cases. In the Minor and Siegelman cases, the charge was improperly applied to help produce convictions that are not remotely grounded in law. In my case, real, honest-to-God honest-service mail fraud is present in copious amounts--and the Bush Justice Department ignores it because the wrongdoing involves "loyal Bushie" Republicans. That's what our justice system has come to over the past seven-plus years: Innocent people are convicted for political reasons and guilty people are not even investigated for political reasons. Praise be to Karl Rove.
  • The Minor case has a personal element that illustrates the monstrous nature of some people connected to the Bush Justice Department. Paul Minor's wife is dying of cancer, but he has been held in federal prison pending appeal. Minor's codefendants, former Mississippi state judges Wes Teel and John Whitfield, have significant health issues of their own or in their immediate families. And yet, they too are being held in federal prison pending appeal. Now I can hear some folks calling me a "bleeding heart" for suggesting that the Minor defendants should receive consideration because of family health matters. And that certainly is part of my argument. But when you study the transcript and the case law as I have, you see that these gentlemen are innocent--and never should have been prosecuted, much less imprisoned. That's what makes certain Bushies--prosecutor Dunn Lampton and Judge Henry Wingate, in this case--particularly monstrous.
  • Don Siegelman has been released pending appeal, and that is a sign of hope for folks who care about justice. But the plight of the Minor defendants should remind us: The spirit of Josef Stalin still lives in George W. Bush's America. And to think that Dubya never would have come close to winning the White House without the "Christian" vote. Makes you wonder what's going on in our churches.

What about the Minor appeal itself? Joe Doss, an Episcopal Bishop and friend/supporter of Paul Minor and his codefendants, issued a press release that definitely is worth reading in its entirety--not only for the legal points it makes but for the moral outrage it expresses:

Free America's Political Prisoners
For Immediate Release
June 20, 2008
Contact: Bishop Joe Doss
Bishop.Doss@gmail.com

Paul Minor Appeals Unjust Conviction
Minor seeks release on bond with wife's death imminent

Attorneys for Paul Minor have filed an appeal of his conviction with the Fifth Circuit Court of Appeals.

The brief outlines the following issues that warrant reversal of Mr. Minor's conviction:

  • The District Court committed reversible error when it did not properly instruct the jury on the legal requirements for a bribery conviction, thus permitting the jury to convict Mr. Minor for conduct that was neither charged in the indictment nor considered bribery under federal law.
  • The District Court committed reversible error when it prevented Mr. Minor from presenting crucial, relevant evidence that would have rebutted the charges. Specifically, Mr. Minor--charged for attempting to bribe Judge Whitfield--was not allowed to show the jury that he did not file his more significant cases in Judge Whitfield's court.
  • The District court committed reversible error by not dismissing bribery charges against Mr. Minor because the evidence did not meet threshold of the federal bribery statute and the jury was improperly instructed on this fact.

Statement of Bishop Joe Doss of Free America's Political Prisoners:

It should be abhorrent to every American citizen that a man is forced to remain in prison while--as his appeal brief so clearly shows--there are glaring questions surrounding how this case was investigated, prosecuted and tried.

Paul Minor carries the additional burden of knowing that his wife is dying of cancer and has been given only a short time to live. His unjust incarceration makes it very likely that he will never see her again. Paul's release on bond pending appeal is not only legally justified, but considering the imminent death of his wife Sylvia, it is mandated if this process is to salvage a scintilla of basic human decency.

It stands in direct contrast to everything that this country professes to stand for that Paul Minor has not been allowed to remain free on appeal while the prosecutor who brought the bogus charges against him is himself currently under investigation by the U.S. Congress and the Office of Professional Responsibility at the Department of Justice.

The fact that the prosecutor and his office are being investigated about the origins of this prosecution raises more than enough doubt about the conviction to warrant Paul Minor's immediate release pending a thorough hearing on the legality of the prosecution and the ultimate hearing of Mr. Minor's appeal before the fifth circuit court of appeals.
 
 
 
Scott Horton writes on the Minor case for Harpers.org 
 
Comments (1)Add Comment
...
written by Lisa Segarra, July 29, 2008
I completely agree with this blog and continue to pray that Mr. Minor will not only be released to be with with his family and wife, but also found not guilty of the bribery charges against him. I write this comment because Mr. Minor was my neighbour before hurricane Katrina destroyed his home, and he is an honorable man and a makes a very good lawyer, neighbour, and citizen.
report abuse
vote down
vote up
Votes: +0

Write comment
quote
bold
italicize
underline
strike
url
image
quote
quote
smaller | bigger

busy
 
Bookmark/Tag
digg
NewsVine
Delicious
Reddit
YahooMyWeb
Furl it!
BlinkList
connotea
Fark
< Prev   Next >

 

More Author Articles

More Articles...
Karl's Skeletons: American Justice Betrayed
Saturday, 12 July 2008
Roger Shuler
(405)
Read more
No Sweet Home in Alabama: Republican Corruption Caught on Tape
Saturday, 17 May 2008
Roger Shuler
(475)
Read more
Chris Floyd

 

Amazon.com

Paul William Roberts



Amazon.com

Norman Solomon

Amazon.com

Heather Wokusch


Amazon.com

Andrew Bard Schmookler


Amazon.com

Shahid Alam


Amazon.com

Ramzy Baroud

Amazon.com
 

James Kunstler 

 

Amazon.com 

Joel Hirschhorn
 
Amazon.com

Jonathan Cook


Amazon.com

Jason Leopold



Amazon.com

Dennis Jett

Amazon.com


Dr. Walter Brasch



Amazon.com



Dave Lindorff

 

Amazon.com 

 

William A. Cook 



Amazon.com 


Rod Amis

 

Amazon.com 

 

Mickey Z

 

Amazon.com 


Mark
Crispin Miller


 

Amazon.com


Expathos
               No account yet?


Page was generated in 0.355821 seconds