十八年的冤狱与七十年的冤狱；十八岁的冤魂与十四岁的冤魂
黎阳
2014．12．19．
据美国合众国际社12月17日报道，美国史上年龄最小的死刑犯在施刑70年后被宣布无罪。（见附录）
这则消息在国内几乎毫无反应，好象根本不存在。
跟国内正大肆炒作的呼格吉勒图冤案一对比，美国的这个冤案是典型的有过之而无不及：都是冤案，都是少数民族；一个是十八年的冤案，一个是七十年的冤案；一个是十八岁的冤魂，一个是十四岁的冤魂（创造了美国历史纪录）；一个是61天后处决，一个是81天后处决；一个是“中国司法体制”下的冤案，一个是“美国司法体制”下的冤案——陪审团一致裁决有罪……
这两个冤案几乎同时捅上了媒体，为什么文人“公知”对一个对热火朝天而对另一个视而不见？如果当真平反冤案，那至少得一视同仁，同样重视，为什么避重就轻只说中国的？
国内文人“公知”“法律党”们不是非常痛恨冤案吗？不是正在借呼格吉勒图冤案大喊大叫“反思冤案”、“司法独立”、“律师把关”、“法律人必须拥有至高无上的权力”、“严究错案责任”、“司法改革”、“目前制度，律师如何辩，几乎不影响结局”、接二连三“顶层设计”“去冤策”吗？如果他们的“法律至上”、义愤填膺、锤胸顿足、悲天悯人等等都是真的，那岂能对如此轰动的冤案无动于衷？
说白了还是“醉翁之意不在酒”，国内文人“公知”“法律党”们炒作呼格吉勒图冤案不是为了当真防止冤案，而是为了借机夺权，借一个冤案全盘否定一切，制造出“中国所有审判都是冤案”的假象，这样才能得出必须全盘推翻，必须确立“法律人至高无上的权力”的结论。而美国这个例子却证明“法律人至高无上的权力”的体制照样出冤案，而且比中国文人“公知”“法律人”大肆炒作的冤案更冤——这让中国的文人“公知”“法律党”们情何以堪？当然只好装聋作哑，视而不见。
2014年中不乏对比强烈充满讽刺的事——这边正骂香港警察对“占中”港闹发射几十颗催泪弹是“野蛮执法”，那边马上来了个鲜明对比——看美国警察是如何对付抗议警察打死人的游行示威的；这边正拿呼格吉勒图十八年十八岁的冤案大做文章，那边马上来了个更邪乎的：七十年十四岁的冤案……文人“公知”炒作什么，就出现什么专打你嘴巴的事实：难道老天专门跟文人“公知”过不去？真的到了“天怒人怨”的地步？
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附录：美国年龄最小死刑犯70年后获平反
http://site.6park.com/bolun/index.php?app=forum&act=threadview&tid=14222045
送交者:博论绞肉机[♀☆魔王来了☆♀]于2014-12-18
据美国合众国际社12月17日报道，美国史上年龄最小的死刑犯在施刑70年后被宣布无罪。黑人男孩小乔治?史丁尼(George Stinney Jr.)70年前在南卡罗来纳州被以谋杀两名小女孩的罪名被处死，坐上电椅时他年仅14岁。
巡回法院法官卡门?马伦(Carmen Mullen)发现该案件“系统性地违背了正当法律程序”，70年前，该案件的审理过程仅仅持续一天，并且陪审团全都是白人。在今年1月的一次听证会上，该法官称，她不能确定小乔治?史丁尼是否有罪，只能判断他经历的法律程序是否公平，“该案件对正当法律程序的亵渎严重影响了判决结果”。
小乔治?史丁尼是美国年龄最小的死刑犯。由于个子不高，电椅必须垫上书本才能把他绑住。并且，在谋杀案发生后的81天内他就被匆匆送上了电椅。
给小乔治?史丁尼定罪的唯一一份证据是警方提供的供词，这份供词是小乔治被连续审问数小时，并且他的父母和律师都不在场的情况下作出的。这份用于定罪的供词也没有呈庭的书面记录，并且小乔治否认了这份供词。庭审的时候小乔治的父母也不在场，因为有人威胁要动用私刑处死他们。
被害的两个女孩在事发前曾询问小乔治和他的姐姐哪里可以找到西番莲花。她们的尸体后来在水沟中被发现。
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华盛顿邮报报道：
Judge throws out teen’s murder conviction 70 years after his execution
http://www.washingtonpost.com/news/post-nation/wp/2014/12/17/judge-throws-out-teens-murder-conviction-70-years-after-his-execution/
By Sarah Larimer December 17 at 6:39 PM
George Stinney Jr. appears in an undated police booking photo. (Courtesy of the South Carolina Department of Archives and History via Reuters)
When George Stinney Jr. was executed for the killings of two white girls in 1944, he was so small that the straps of South Carolina’s electric chair didn’t fit him properly, and he had to sit on a book for his electrocution.
Stinney was just 14 years old at the time and became the youngest person put to death in the United States in the 20th century. But Wednesday, 70 years after the fact, Circuit Judge Carmen Mullen tossed out his conviction, which was reached after a trial that didn’t even last a full day and was never appealed. As the Associated Press noted, it took Mullen “nearly four times as long to issue her ruling as it took in 1944 to go from arrest to execution.”
“I can think of no greater injustice,” Mullen wrote in her 29-page order, the AP reported.
Stinney, who was black, was arrested for the beating deaths of two young girls in the segregated town of Alcolu. There wasn’t any physical evidence linking him the crimes, and he wasn’t allowed to see his parents after he was apprehended.
“Given the particularized circumstances of Stinney’s case, I find by a preponderance of the evidence standard, that a violation of the Defendant’s procedural due process rights tainted his prosecution,” Mullen wrote in her decision, according to CNN.
From the AP:
Stinney’s case has long been whispered in civil rights circles in South Carolina as an example of how a black person could be railroaded by a justice system during the Jim Crow era where the investigators, prosecutors and juries were all white.
The case received renewed attention because of a crusade by textile inspector and school board member George Frierson. Armed with a binder full of newspaper articles and other evidence, he and a law firm believed the teen represented everything that was wrong with South Carolina during the era of segregation.
“It was obviously a long shot but one we thought was worth taking,” said attorney Matt Burgess, whose firm argued that Stinney should get a new trial.
Earlier this year, Stinney’s sister told the Guardian: “I never went back [to Alcolu]. I curse that place. It was the destruction of my family and the killing of my brother.”
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CNN报道：
Judge tosses conviction of George Stinney, executed at 14
http://www.cnn.com/2014/12/17/us/george-stinney-ruling/
By Dana Ford and and Eliott C. McLaughlin, CNN
updated 7:57 AM EST, Thu December 18, 2014
(CNN) -- A judge has vacated the conviction of a 14-year-old boy who was executed for allegedly killing two girls some 70 years ago in South Carolina.
The judgment against George Stinney, the youngest person to be executed by an American state since the 1800s, effectively exonerates the boy, said family attorney Matt Burgess.
A black teen in the Jim Crow South, Stinney was accused of murdering two white girls, ages 7 and 11, as they hunted for wildflowers in Alcolu, about 50 miles southeast of Columbia.
Stinney, according to police, confessed to the crime.
No witness or evidence that might vindicate him was presented during a trial that was over in fewer than three hours. An all-white jury convicted him in a flash, 10 minutes.
"Given the particularized circumstances of Stinney's case, I find by a preponderance of the evidence standard, that a violation of the Defendant's procedural due process rights tainted his prosecution," wrote Circuit Judge Carmen Tevis Mullen in her decision, dated Tuesday.
She said that sentencing a 14-year-old to the death penalty constitutes cruel and unusual punishment.
Earlier this year, attorneys for Stinney's family had asked for a new trial, saying the boy's confession was coerced and that Stinney had an alibi, his sister, Amie Ruffner, who claims she was with Stinney when the murders occurred.
Ruffner, Stinney's sister, told CNN affiliate WLTX that she and Stinney saw Betty June Binnicker, 11, and Mary Emma Thames, 7, the day they died. Stinney and Ruffner were tending to their family's 禽 near some railroad tracks close to their home.
"They said, 'Could you tell us where we could find some maypops?' " Ruffner recalled. "We said, 'No,' and they went on about their business."
The girls were found the next day in a water-logged ditch with injuries to their head. Mary had a 2-inch laceration above her right eyebrow and a vertical laceration over her left, according to a 1944 medical examiners' report.
Ruffner told WLTX, police took Stinney and another of her brothers away in handcuffs while their parents were not at home. One brother was released, she said, while Stinney faced police questioning without his parents or a lawyer.
The police "were looking for someone to blame it on, so they used my brother as a scapegoat," Ruffner said. |
狗仔卡
发表于 2014-12-19 12:35:49
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