A Moral Imperative

For many people, the case of The People vs. Scott Peterson is closed, and rightly so.  They are satisfied that he is guilty and justice has been served.  They have no moral imperative to do anything more.

But others of us do have a moral imperative.  Through our analysis of the evidence and through our own investigations, we have discovered that it's not possible that Scott Peterson committed these murders.

So many want to put criminals behind bars and throw away the key.  They want no more than the barest of existence for them.  But that is not the attitude Jesus Christ had.  He did not want crime to go unpunished, but he did want charity towards prisoners.  In the Gospel of St. Matthew, Chapter 25, we read:

31 ¶When the Son of man shall come in his glory, and all the holy angels with him, then shall he sit upon the throne of his glory:

 32 And before him shall be gathered all nations: and he shall separate them one from another, as a shepherd divideth his sheep from the goats:

 33 And he shall set the sheep on his right hand, but the goats on the left.

 34 Then shall the King say unto them on his right hand, Come, ye blessed of my Father, inherit the kingdom prepared for you from the foundation of the world:

 35 For I was an hungred, and ye gave me meat: I was thirsty, and ye gave me drink: I was a stranger, and ye took me in:

 36 Naked, and ye clothed me: I was sick, and ye visited me: I was in prison, and ye came unto me.

 37 Then shall the righteous answer him, saying, Lord, when saw we thee an hungred, and fed thee? or thirsty, and gave thee drink?

 38 When saw we thee a stranger, and took thee in? or naked, and clothed thee?

 39 Or when saw we thee sick, or in prison, and came unto thee?

 40 And the King shall answer and say unto them, Verily I say unto you, Inasmuch as ye have done it unto one of the least of these my brethren, ye have done it unto me.

Christ then went on to say in this parable that those who did not do likewise unto the least of these were cast into everlasting fire.

That's a sobering thought, that we are supposed to care not only for the needy and the sick, but also for the imprisoned.  If the Gospel of Jesus Christ has the moral imperative to visit the imprisoned, how much greater is the moral imperative to fight to correct the injustice of a wrongful conviction?

Letting the System run its course is an option for someone who believes Scott is guilty, but not for those who know he is innocent.  Christian principles demand that whatever can be done must be done until the injustice is corrected.

Another 'extension of time' request

I don't know if the docket will indicate when the perfected, complete record is finally received by the California Supreme Court, but I assume it has not yet been, or there has not been sufficient time since it has been for Scott's attorneys to have prepared the first brief.  I will post when the Court indicates whether this extension has been approved, and what the new deadline date will be, which should be within a few days.

11/28/2011

Request for extension of time filed

to file appellant's opening brief. (6th request)

Lee and Jackie celebrate their 40th wedding anniversary

The Peterson family blog has a short note about the Peterson's 40th wedding anniversary and a photo taken at their 25th.  I had occasion to meet and visit with the Petersons a few times when I attended the trial.  I think the best description is one I found in an anniversary card -- They not only are a great couple, they are a couple of great people.

More information about the Habeas Appeal

I found this source for information on the habeas appeals in California.  It gives the process for non-death penalty habeas appeals, whereas the death penalty habeas appeals are filed in the CA Supreme Court.  The substance and structure of the habeas is the same for both death penalty and non-death penalty cases.

"Elements of a Habeas Petition" by Jonathan Grossman

The web page for State Senator Tom Harman, California's 35th District, provides information on SB1025 Habeas Corpus Reform, SCA27 Direct Appeal in Capital Cases, and SB1018 Single Drug Lethal Injection Procedure.

SB1025 proposes that habeas appeals in capital cases begin in the Superior Courts, as they do in non-capital cases.

Because habeas appeals involve extensive fact-finding and investigative duties that appellate courts are ill-equipped to handle, this proposal would both streamline the appellate process and ensure that habeas claims are efficiently and accurately resolved.

SCA27 allows the guaranteed direct appeals for capital cases to be heard by the Courts of Appeal, with review of the appellate opinion by the Supreme Court.

Chief Justice Ron George argues that the death penalty jeopardizes the Court's capacity to resolve other statewide legal issues and settle appellate conflicts, which is its primary obligation. 

California needs to do something to expedite this appeal process - not just for the victims, but for the wrongfully convicted.  Scott has been on death row now for over 6.5 years, and his Court record still has not been perfected.  It will probably be well into 2012 before his direct appeal brief is filed.  And then another couple of years before it is even considered by the CA Supreme Court.  

Len spoke, America listened, and Nancy went home

On Monday night's Dancing with the Stars, after an instant jive which earned Nancy Grace only 20 out of a possible 30 points, Judge Len Goodman told Nancy:

Nancy, yours is a Cinderella story.  You've come to the ball and you've lasted eight weeks, which I commend you for. However, for me, it's midnight and it's time to go home!

And on Tuesday night, Nancy was eliminated from the competition.  She's said publicly that she's donating her earnings for being on the show to the Missing and Exploited Children's Center.  I googled to see how much the stars earn for their participation in the competition and found this contract for Shawn Johnson in Season 8, which aired during the Fall of 2009, and Gawker dot com also gives these numbers:

• Guaranteed $125,000 for appearing on the show
• An additional $10,000 per week for weeks 3 and 4
• An additional $20,000 per week for weeks 5-7
• An additional $30,000 per week for weeks 8-9
• An additional $50,000 per week for weeks 10-11

The total for making it to the final 2 is $345,000.

Since Grace made it through week 8, she earned $215,000.   If she did indeed give that money to the Missing & Exploited Children's Center, then good for her.

But her dancing leaves a lot to be desired.  And her television show even more.

Understanding Scott's Appeal Process

I previously provided some basic information on how the appeals process works in capital cases in California.  Scott Peterson Case: Truth be Told provides some specific information on what is holding up Scott's appeal.  I highly recommend readers of this blog to that Facebook page, not only for this article, but for the 100 or so already written.

I'm not at all surprised that it is the prosecutors that are holding up Scott's appeal by inserting themselves into a phase of the appellate process that is supposed to be handled by the Attorney General's office -- they should have been told to butt out.  But even then, surely the prosecutors knew that everything that happened in the Prelim and Trial, including all of the exhibits used, would be part of the perfected record?  Just exactly what were they trying to keep out?

For that matter, why didn't the two Court Clerks simply include all of that information to begin with?  If you are going to be about the job of sending people to prison, then at least be informed on what is needed for the direct appeal and get it all sent in the first time around -- ESPECIALLY in capital cases, where the direct appeal is guaranteed.  This isn't rocket science!  A simple checklist would do nicely.  I think the California Supreme Court should slap monetary penalties on these Courts when they don't send all the necessary documents the first time around.

Will Nancy Grace make it to the Final Four on DWTS?

It's beginning to look like a real possibility that Nancy Grace will make it to the Final Four.  Chaz Bono is by far the worst dancer of the season.  Grace is on the bottom side of the middle-of-the pack group that still includes Rob Kardashian, David Arquette, and Hope Solo.  The top 2 -- Ricki Lake and J. R. Martinez -- lead the pack by a mile, in my opinion.  I don't care who ends up in the final four, as long as it includes both Ricki and J. R. and one of them wins it.

I hated to see Carson Kressley eliminated.  No, he wasn't a good dancer, but overall he wasn't any worse than Grace, Rob, David, and Hope, and he certainly was better than Chaz.  And he had such a huge personality and was so much fun to watch.  It isn't just about dancing; it's about entertainment and connecting to the audience.  J. R. and Ricki not only bring some real dance talent, but they also bring personality and they connect to the audience -- at least I feel a real connection to both of them.

I suspect Chaz Bono has the largest support group; but how big is Grace's?  I have to agree with Len -- Grace's quick step was by far her best dance, she was actually fun to watch, and she did a fairly good job on that "kiss of death" dance, but her other dances have just not been anything to get excited about.  She doesn't dance them badly, she just doesn't bring any personality to them.

My prediction is we may well see the most lopsided final four in DWTS history -- Chaz, Grace, J. R., and Ricki.