Time: Sat Jul 05 05:07:17 1997
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Date: Sat, 05 Jul 1997 04:50:51 -0700
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From: Paul Andrew Mitchell [address in tool bar]
Subject: SLF: Notice of Intent to Execute Citizen's Arrest
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<snip>
>
>>Good stuff on Reno.  This lady is out of control and very evil!
>>
>>Darren
>>                   [The Washington Times] [Investigative]
>>                                  [Image]
>>
>>      Published in Washington, D.C.. . . . . . . . . . . . . 5am --
>>      June 16, 1997 . . . . . . . . . . . . . www.washtimes.com
>>      [(see thetext links at the bottom of the page)]
>>                                                        [Image]
>>
>>      [Image]          Reno seeking more executions among white U.S.
>>      [Image]          defendants
>>      [Image]          ------------------------------------------------
>>      [Image]          By Frank J. Murray
>>      [Image]          THE WASHINGTON TIMES
>>                       ------------------------------------------------
>>                       [T] he Clinton administration's pursuit of
>>                           racial diversity now includes making
>>                       federal death row "look more like America."
>>                       Attorney General Janet Reno's little-known
>>                       affirmative action plan aims to end any
>>                       appearance of race bias in punishing the
>>                       cruelest federal criminals.
>>                       . . . . Since imposing a policy whose stated
>>                       purpose is nationwide "consistency and
>>                       fairness," Miss Reno has tripled the rate at
>>                       which whites charged with federal crimes were
>>                       targeted for execution.
>>                       . . . . Changes Miss Reno made since a Jan. 27,
>>                       1995, directive to U.S. attorneys include:
>>
>>                          * Taking out of prosecutors' hands entirely
>>                            the decision on whether to request the
>>                            death penalty at each trial, without
>>                            regard to whether a prosecutor favors or
>>                            opposes execution in that case. Until then
>>                            any prosecutor could veto asking for a
>>                            death sentence but needed approval to seek
>>                            execution.
>>                          * Ordering her "death penalty committees" to
>>                            consider statistical evidence of past
>>                            "racial discrimination" in administering
>>                            the federal death penalty.
>>                          * Requiring prosecutors to check off the
>>                            race of defendants and victims -- "white,
>>                            black, Asian, Pacific Islander, Native
>>                            American, Alaska Native, Aleut" -- and
>>                            confirm separately if either is Hispanic.
>>                            Those data, on the form referring death
>>                            cases for her decision, are earmarked for
>>                            the Office of Policy and Legislation.
>>
>>                       . . . . Miss Reno promulgated the new plan even
>>                       though Federal Bureau of Prisons statistics
>>                       show that the last 34 prisoners put to death by
>>                       the federal government between 1927 and 1963
>>                       included 27 whites, three blacks, two Indians,
>>                       one Mexican and one whose ethnic and racial
>>                       background are unknown.
>>                       . . . . Far and away, most of the more than
>>                       3,000 convicts awaiting execution in America
>>                       are state prisoners unaffected by Miss Reno's
>>                       policies, which relate only to people charged
>>                       with federal crimes.
>>                       . . . . Asked how racial statistics ever are
>>                       relevant to a defendant, Justice Department
>>                       spokesman Joseph Krovisky said lawyers can
>>                       present any information they want. "We'll
>>                       listen to anything they may present to us, and
>>                       we will evaluate it, but that doesn't
>>                       necessarily mean we'll accept it," he said.
>>                       . . . . Legal analysts for and against capital
>>                       punishment see the possibility that recent
>>                       death sentences could be upset by policies that
>>                       responded to what Timothy McVeigh's attorney,
>>                       Stephen Jones, calls a "thunderstorm of
>>                       controversy" in Congress.
>>                       . . . . They include Vivian Berger, assistant
>>                       dean of Columbia University law school and
>>                       longtime general counsel to the American Civil
>>                       Liberties Union.
>>                       . . . . She doubts the federal government would
>>                       apply racial factors to decide whom to execute
>>                       but said a process becomes questionable when it
>>                       goes beyond collecting statistics to spotlight
>>                       systemic bias.
>>                       . . . . "I think this is meant to benefit a
>>                       particular defendant, not what I was
>>                       speculating would be the horrible result of
>>                       some Justice Department functionary saying,
>>                       'Now we should prosecute some white defendant
>>                       capitally because we haven't done any whites
>>                       lately,'" Miss Berger said in an interview from
>>                       Santa Fe, N.M.
>>                       . . . . "It seems to me to be an invitation to
>>                       do exactly the thing you're told you can't do
>>                       -- consider race when you decide whether to
>>                       seek the death penalty or not," said an
>>                       assistant state attorney general with long
>>                       experience in getting killers executed.
>>                       . . . . The official said the process gives
>>                       Miss Reno information local prosecutors always
>>                       have.
>>                       . . . . "It's certainly problematical at best,
>>                       and it's certainly an area of the law where
>>                       anything and everything is going to get jumped
>>                       on," the assistant attorney general said,
>>                       calling any explicit mention of race tough to
>>                       explain in court.
>>                       . . . . "It is a fair question why the racial
>>                       data should be gathered concurrently with the
>>                       case information," said David Bruck, a director
>>                       of the federally financed Death Penalty
>>                       Resource Council.
>>                       . . . . "At the least it does require a U.S.
>>                       attorney to consider the race of victims and
>>                       defendants when he or she is considering a
>>                       recommendation on death. It bears looking at,"
>>                       he said.
>>                       . . . . The "thunderstorm," mentioned by Mr.
>>                       Jones in seeking dismissal of McVeigh's
>>                       indictment, blew up in mid-1994 during debate
>>                       over the Racial Justice Act, a failed attempt
>>                       to racially balance execution rates.
>>                       . . . . Where state courts had discriminated on
>>                       the basis of victims' race, the committee said,
>>                       the federal disparity was founded on
>>                       defendants' race.
>>                       . . . . From the time the modern federal death
>>                       penalty was authorized in 1988 until those
>>                       congressional hearings six years later, four
>>                       capital prosecutions of whites were included in
>>                       37 cases (11 percent).
>>                       . . . . "If some redneck county in Texas had
>>                       come up with figures like that, you'd have been
>>                       down there wanting to know why," Rep. Craig
>>                       Washington, Texas Democrat, lectured the
>>                       Clinton Justice Department in 1994.
>>                       . . . . The best outside estimate of actions
>>                       since the attorney general imposed her new
>>                       policies under congressional fire in January
>>                       1995 is that 17 whites were included among 55
>>                       capital defendants (31 percent), according to
>>                       data from Richard Dieter of the Death Penalty
>>                       Information Center.
>>                       . . . . The Justice Department would not
>>                       furnish data on the point, even though a stated
>>                       purpose is to give such data to the media. No
>>                       figures were available on how often the death
>>                       sentence was waived under the balancing
>>                       considerations.
>>                       . . . . Among those sentenced to die by
>>                       civilian federal courts since 1988, blacks
>>                       dominate. One of the 12 civilians awaiting
>>                       execution for federal crimes as of Friday is
>>                       white. Nine are black, one is Asian and one is
>>                       Hispanic.
>>                       . . . . In the 1987 Warren McCleskey case from
>>                       Georgia, the Supreme Court banned applying
>>                       statistics on racial distribution in death
>>                       penalty cases to any one prisoner.
>>
>>FRONT PAGE | POLITICS | OPINION | INVESTIGATIVE | INTERNATIONAL | BUSINESS |
>>                            LETTERS | SUBSCRIBE
>>              Copyright  1997 News World Communications, Inc.
>>
>>                                  [Image]


========================================================================
Paul Andrew Mitchell                 : Counselor at Law, federal witness
B.A., Political Science, UCLA;  M.S., Public Administration, U.C. Irvine

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