Small (?) Victory

In 1997, I traveled to Alabama to work as an expert psychiatric witness in the appeal of a death sentence of a young African American man convicted of a 1988 murder. I interviewed him extensively on Death Row and travelled to his childhood home in rural Alabama to build a psychological history of him from interviews with family and those who had known him as a child and youth. My profiling and testimony helped to establish that he had been horrendously abused throughout his childhood, that the pertinence of the abuse should have been considered as a mitigating factor in his sentencing, and that his original defense team’s failure to do so constituted ineffective assistance of counsel.

The judge who heard my testimony in the appeal ran his courtroom, his own personal fiefdom, like a burlesque show. He had been the trial judge in the original murder trial and had overruled the jury’s recommendation of a lesser sentence to impose the death penalty. Now here he was hearing an appeal of his own malfeasance and impaired judgment, and you could see how seriously he would take this unpleasant duty. At the appeal, I recall a group of Harvard Law students sitting in the courtroom observing the trial, shaking their heads in disbelief and scribbling furiously in their notebooks example after example of his outrageous courtroom behavior and abuse of the rule of law. The judge referred to me derisively as “post traumatic syndrome man” and my conclusions as “post traumatic syndromes, whatever that is” (yes, grammatically challenged as well), after I had spent two days painstakingly explaining the psychiatric facts and conclusions at a level any ignoramus could understand. When he was informed that my testimony was complete, he commented, “For the record, good.” Needless to say, he denied the appeal.

I was never informed by the defense team (his case is now being handled by different counsel), but this evening, while surfing the web, I happened upon the news that the judge’s ruling has just been overturned, the appeals court finding that he had failed to appropriately consider the psychological evidence presented at the earlier appeal. After twenty years, his death sentence has been vacated.

For those of you who enjoy legalese, you can find the text of the ruling here (pdf). You can read about the horrific details of the crime and the see the total travesty made of the defendant’s rights in the Alabama judicial system. While I have consulted on other death penalty appeals, this was the only case in which I was on the stand and certainly the only three-ring circus I have attended in which a man’s life was at stake. If you use your pdf reader’s search facility to look for instances of “Gelwan” in the ruling, you will find more detailed reference to my work and my testimony on the case. It is one of the things I have done in my life of which I am most proud, and I am ecstatic to learn about this ruling. It could just as easily have been the case that I never found out.

[Does anyone have any references to Barack Obama’s position on the death penalty? — FmH]

Newsweek On McCain In The Dark, Obama Threats, And More

Newsweek has released highlights of its Special Election Project, which allowed reporters to gather behind-the-scenes information on the presidential campaigns with an agreement that none of their reporting would be published until after Election Day.You can read a summary of their report here, and the first chapter of their book here.

Below, some key excerpts — including:

  • news about a cyber attack from an “unknown entity” that hit the presidential campaigns’ computers in the summer, prompting an FBI investigation;
  • McCain’s advisers fuming at Palin’s shopping spree, which was apparently far more extensive than originally reported;
  • and Palin being blocked from speaking on election night by top McCain aide Steve Schmidt.” (Huffington Post)

Palin Hoping to be Named Ambassador to Africa

Andy Borowitz: ‘Governor Sarah Palin of Alaska has reached out to President-elect Obama’s transition team to indicate her interest in being named “ambassador to the nation of Africa,” the governor confirmed today.

Gov. Palin said that although she had planned to continue in her position in Anchorage, she was willing to leave the governorship “because Africa is just such a darned important country.”

“I have always been very, very interested in the nation of Africa, partly because of it being located where it is,” she said. “If you are standing in Africa and you look real close, you can see South Africa.”

She added that she had received phone calls encouraging her to vie for the post, including one from French president Nicholas Sarkozy.

In other news from the Palin family, Bristol Palin’s fiancé Levi Johnston said he was “totally stoked” about Tuesday night’s election returns, calling the results “definitely a game-changer for me.”

“The election of Barack Obama means different things to different people,” he said. “To me, it means freedom, dude!”‘ (Huffington Post)

Sorry we can’t

Sorry. No column today. The keyboard is not responding. History is a page being turned. Three words on the screen: “Yes we can.” While it is impossible to joke with genocide or disaster, it is equally impossible to joke with an event that makes you weep for joy. The first worldwide good news since the fall of the Berlin Wall in 1989 needs more than a pirouette or an amused wink. At this moment – but for how long ? – we can say with far more conviction than on 11 September 2001 : we are all Americans.’ — Robert Solé (Le Monde Opinions via julia)

Stumbling Over Campaign Ethics Pledge?

“President-elect Barack Obama, now recruiting for his administration, is trying to fulfill campaign promises of sweeping ethics restrictions that could deter some potential appointees.Vowing to combat the power of “lobbyists who kill good ideas and good plans with secret meetings and campaign checks,” Mr. Obama has laid out more detailed and more onerous ethics rules than any previous president.” (New York Times )

How the CNN Holographic Interview System Works

“CNN's holographic election coverage is fancy pantsy, but how did they manage to send 3D 360 degree footage of virtual correspondent Jessica Yellin from Chicago all the way to the station's election center in NY? As Arthur C. Clarke says, Magic. A magic made possible from technology Vizrt and SportVu with the help of forty-four HD cameras and twenty computers. Here are the details.(Gizmodo)

Discriminatory Marriage Amendments Pass in AZ and FL

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“We all know that our marriages did not begin with a court decision and they will not end with a vote on a discriminatory amendment” – Joe Solmonese, President of the Human Rights Campaign.

Voters in Arizona and Florida passed amendments to their states’ constitutions enshrining discrimination against LGBT people and denying marriage, and in some cases civil unions or domestic partnerships as well, to same-sex couples. Proposition 8 in California still remains too close to call. (HRC)

Post-Election Tortured Thoughts

the 44th President of the United States...Bara...

By morning light after last night’s dancing in the streets, I am clearly happy but, I need some help, I am also worried. The commentators are talking about how this election has redrawn the electoral map, obviating the red/blue state distinction with which we have grown so comfortable. But Obama is far from the consensus president. The popular vote was much closer to 50/50% than the electoral college results reflected. That is going to make for an awful lot of disenfranchised voters, as Obama hinted at in his victory speech when he spoke of his aspirations to be the President of the people whose vote he had not yet earned.

I recall the vehemence of my feeling, the past eight years, that Bush was not my President, my hopes that the rest of the world understood the distinction between the U.S.’s government and its people, my desire to apologize for our having elected Bush and inflicted him on the world. I fear that 50% of the public may have even more intense sentiments that Obama is not their President. The Republican electorate has been intensely indoctrinated for the past eight years (at least) by the RNC’s appeal to narrow tribal identity. As I have written in the past, I think this is a hardwired part of human nature, an evolutionary consequence of millennia of human organization into small social bands. We are not really adapted to larger societies (as Freud too suggested in Civilization and Its Discontents) and our better natures have always struggled against the ongoing inherent tendency to xenophobia. Republican campaigning, especially under Karl Rove, made a malignant and insidious appeal to this prejudice and fear of the ‘different’, to which a sizable part of the electorate responds instinctually. Obama’s differentness, then, will I fear mobilize a virulent response against not just racial and ethnic minorities but other ‘different’ lifestyle choices, gender preference cohorts, immigrants and minority religious groupings. A minority President further disenfranchises the middle-American demographic. (I noted with relief that Obama was behind a bulletproof shield in Grant Park last night. I am not alone in being concerned for his personal safety and that of his family.)

The shrinking Republican constituency will be if anything a more rabid Right, with the departure of the moderate middle. I fear we will see not a reign of national unity and conciliation but one of accentuating polarization and renewed Culture War. While McCain was quite personally restrained in his race-baiting, he certainly did nothing to discourage his supporters’ xenophobia, as was evident in the audience ‘s catcalls when he mentioned Obama’s name in his concession speech and call for conciliation last night. The bigots and the fundamentalists, who never realized they were pansies of the grandiose world-domination dreams of the Neocons, are I fear a monster without a head.

And I worry that Obama was, in a sense, elected by accident. The coalition he built, from a combination of his charismatic appeal to our yearning for Camelot again on the one hand and on the other his hard-boiled South Side Chicago capacity to build a highly efficient political machine, was one of people of color, the young, the poor, and the highly educated affluent liberals. But what tipped the scales was the serendipitous eruption of the financial crisis, driving a substantial proportion of the middle class, fearful about their earning power, their job security and their shrinking equity, into the Obama camp. I fear it is not a natural coalition, and it will fall apart as the economy continues in crisis. The marginal respond to Obama’s inspiring message of hope, but the middle responds to the condition of its pocketbook and bank balance. And can anyone really deliver on promises to remedy our economic woes, unless it is by a fundamental dismantling of the debt-driven pyramid scheme that is the foundation of American prosperity?

Whoever was to assume office under the current circumstances would face daunting, unenviable challenges. I fear that history will not be kind to the President elected in 2008, nor will the Republicans remind the public how much of the mess was inherited from the previous decade of execrable ineptitude. Is Obama likely to disappoint in other spheres too? Certainly, he warned us in his victory speech that he will not be a ‘perfect’ President. Will we be able to stand the compromises he must make to extricate us from the obscene war in Iraq? The fact that it will not be achieved with any elegance or rapidity? Certainly, from the moment he assumes office, he will have restored an enormous amount of the goodwill of the world toward the United States and inspired an enormous amount of the hopes of the developing world. He certainly will not squander that goodwill and hope in the way that Bush has been so adept at doing. But China and Russia are looming presences especially to an economically vulnerable U.S. And, historically, those regimes have gotten along better with rigid and mistrustful Republican administrations than conciliatory collaborative ecumenical Democratic ones.

As much as the election represents a challenge to the Right, it will also fundamentally shake up the worldview of progressives, who have functioned best when in opposition, defensive and elitist. How to conceive of the electorate as something other than the customary lumpenproletariat which does not know their best interests? Certainly, I am ecstatic that the empowerment and enfranchisement of new constituencies in American society is a genie that once unleashed cannot be put back in the bottle. Maybe, indeed, it is nothing but my own inability to be comfortable in any role apart from that of a disenfranchised sputtering curmudgeon which leads me, in a sort of covert wish fulfillment, to predict that such gloom and doom will come out of Obama’s election. I would look forward to being proven wrong. Comments?

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Google Book Search Settlement Agreement

‘Groundbreaking’ agreement with authors and publishers: “Three years ago, the Authors Guild, the Association of American Publishers and a handful of authors and publishers filed a class action lawsuit against Google Book Search.

Today we’re delighted to announce that we’ve settled that lawsuit and will be working closely with these industry partners to bring even more of the world’s books online. Together we’ll accomplish far more than any of us could have individually, to the enduring benefit of authors, publishers, researchers and readers alike.

It will take some time for this agreement to be approved and finalized by the Court. For now, here’s a peek at the changes we hope you’ll soon see.”

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Resist these election-time myths

Anne Applebaum: “Tuesday is Election Day, and, as always, Election Day is fraught with peril. Beware the seductiveness of opinion polls, which can badly mislead. Beware the even greater attraction of exit polls, which have so often been wrong in the past. Beware the too-early commentary, the too-swift rush to judgment. And above all, beware that the hopeful, reassuring clichés that will be passed around in the next couple of days will give false succor to winners and losers alike.” (Slate Magazine)

OEDILF

The Omnificent English Dictionary In Limerick Form: “Our goal is to write at least one limerick for each meaning of each and every word in the English language. Our best limericks will clearly define their words in a humorous or interesting way, although some may provide more entertainment than definition, or vice versa.”
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Housekeeping

Please enter some comments to this or another post. I would like to be sure that the WordPress commenting system is working correctly for me. Thanks in advance…

Spicules: Jets on the Sun

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Imagine a pipe as wide as a state and as long as half the Earth. Now imagine that this pipe is filled with hot gas moving 50,000 kilometers per hour. Further imagine that this pipe is not made of metal but a transparent magnetic field. You are envisioning just one of thousands of young spicules on the active Sun. Pictured above is perhaps the highest resolution image yet of these enigmatic solar flux tubes… Time-sequenced images have recently shown that spicules last about five minutes, starting out as tall tubes of rapidly rising gas but eventually fading as the gas peaks and falls back down to the Sun. These images also indicate that the ultimate cause of spicules is sound-like waves that flow over the Sun’s surface but leak into the Sun’s atmosphere.” (APOD)

Bush Misses a Trick in Guantanamo

Khalid Shaikh Mohammed in 2003

Anti-Guantanamo activist Clive Stafford Smith says Bush missed his chance to hand the election to McCain if he had had self-professed 9/11 mastermind and Guantanamo detainee Khalid Sheikh Mohammed on trial during the campaign season.

I said, it was clear as day that they would charge Khalid Sheikh Mohammed as the first defendant in the 2007 military commissions. KSM, as he is normally called, has boasted that he was the mastermind of 9/11. His trial could have filled the 2008 election season with pictures of that terrible crime, reminding the voters to be afraid and vote Republican.

But this is not what the Administration chose to do. Rather, for their first three candidates in commissions, the Pentagon chose two juveniles (Omar Khadr and Mohammed Jawad) and an alleged al Qaeda chauffeur (Salim Hamdan). It was inexplicable, akin to skipping over Herman Goering for the first trial at Nuremburg, and choosing a member of the Hitler Youth.

The Bush Administration marched to the beat of its own bizarre drummer, from one misjudgment to the next. (New York Post )

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Aesthetics & Astronomy

“This survey will study your perception of multi-wavelength astronomical imagery and the effects of the scientific and artistic choices in processing astronomical data. The images come from a variety of space and ground-based observatories, including the Chandra X-ray Observatory, Hubble Space Telescope, Spitzer Space Telescope, the Very Large Array, the Hinode satellite, and many others. Evaluation of such valuable data will benefit astronomy across the electromagnetic spectrum of astronomical images, and may help visualization of data in other scientific disciplines.” (Astroart @ Harvard via abby)

Evidence for ‘Global Superorganism’

Kevin Kelly

Kevin Kelly : “So far the proposition that a global superorganism is forming along the internet power lines has been treated as a lyrical metaphor at best, and as a mystical illusion at worst. I’ve decided to treat the idea of a global superorganism seriously, and to see if I could muster a falsifiable claim and evidence for its emergence.” (The Technium)

Vintage Pics Capture ‘Halloween in the Time of Cholera’

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“An obsessive-compulsive collector shares his fascination with vintage Halloween photographs, using Flickr to impart these haunting images.

‘My theme is ‘Halloween in the Time of Cholera,” collector Steven Martin told Wired.com in an e-mail interview. ‘The idea being that people back then were probably on a more intimate level with death — and that would have affected the way they celebrated Halloween.'”

Attorney’s Ties to Harvard Go Up in Smoke

BOS_010 Harvard Law School

‘We’ve seen lawyers’ careers go up in smoke before, but never quite so literally. “Jack” is a Washington, D.C., lawyer who hopes someday to be to the legal profession what Siddhartha was to Buddhism — one remembered for giving up a life of luxury to pursue the path of simplicity. Unlike Buddha, Jack has a blog, “Adventures in Voluntary Simplicity,” where he anonymously chronicles his self-charted conversion from highly paid lawyer to pilgrim of simple happiness. It all started last June, when Jack took a vow: “stop living a life of excess, materialism, and unnecessary stress in order to gain something much more valuable: unencumbered, simple happiness.” Out would go his job at a large law firm. Out would go his $300,000-plus annual salary. Out would go his newly renovated, four-level townhouse. Out would go his mix of expensive antique and modern furniture. At least that was the plan, yet to be executed.

“But one vestige of his yet-to-be-past self nagged at him — his Harvard Law School diploma. It stood, a symbolic barrier, between him and freedom. “Sometimes,” he decided, “you just need to say goodbye to your past in order to move forward.” So goodbye he said, in much the same way that a spurned spouse says goodbye to memories of a former lover. He set it on fire.

Not only did he incinerate his Harvard degree, but he captured the conflagration on video, describing it on his blog and posting it to YouTube. “In the end,” he writes, “it was just a piece of paper. Nothing more. I would rather live my life on my own terms than be a person that needs a piece of paper to justify their own worth.” I suspect a few folks in Harvard’s alumni-development office will be hot under the collar when they see Jack’s video. But one lesson every Harvard Law grad can learn from watching Jack’s act of career-defiance is that these things are not all that easy to burn.’ (Legal Blog Watch)

Are we all Keynsians now?

We now face Keynesian conditions and need truly Keynesian solutions: “…Two weeks ago, I invoked the ghost of Keynes and there has recently been a flood of references to him, most especially from the Chancellor.

This has raised a hornets’ nest of controversy, with people holding forth with much sound and fury – and often signifying nothing. So I want to ask what, if anything, the teaching of this long-dead economist has to offer us today.

John Maynard Keynes, born in 1883, died in 1946; present at the Versailles negotiations in 1919; Britain’s representative at the Bretton Woods conference in 1944; father of the two key institutions of the post–war monetary order, the International Monetary Fund and the World Bank; author of The General Theory of Employment, Interest and Money; and, most importantly, the origin of the adjective “Keynesian”.

This is a word which has all but lost its original meaning. Like fascist, or feminist, it began describing a set of beliefs, but it has become a term of abuse or approbation, wielded by those who have, for the most part, not the faintest idea of what it actually means. So I want to give my version of “Everything you wanted to know about Keynes and were afraid to ask.” I think I can reduce Keynes’ view to seven essential propositions…” (Telegraph.UK<)

What Just Happened?

A graphic representation of the four phases in...

“The emergency continues, a little less desperate than before. A remedy that works – direct government investment in threatened institutions in exchange for equity – seems to have been settled on in most industrial democracies.

A number of mysteries remain.” (Economic Principals)