Don’t Free Daniel Perry

David Thornton

David Thornton is a freelance writer and professional pilot who has also lived in Georgia, Florida, Kentucky, South Carolina, Tennessee, and Texas. He is a graduate of the University of Georgia and Emmanuel College. He is Christian conservative/libertarian who was fortunate enough to have seen Ronald Reagan in person during his formative years. A former contributor to The Resurgent, David now writes for the Racket News with fellow Resurgent alum, Steve Berman, and his personal blog, CaptainKudzu. He currently lives with his wife and daughter near Columbus, Georgia. His son is serving in the US Air Force. You can find him on Twitter @CaptainKudzu and Facebook.

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8 Responses

  1. Greg In Ak says:

    Good post. Open carry is dumb outside of some very specific situations like being in bear country. Dumb. Dumb. Dumb. If this were more about gun culture now in general we might want to talk about the 2 f’n morons who got in a shoot out on a highway in FLA.

    Perry should be in jail. If/when he gets out will he take the Rittenhouse conservative media route???Report

  2. North says:

    I know a lot of right wing commenters think that the accusation that the right seeks to have the law protect but not bind the right and bind but not protect the left is overwrought but these kinds of stunts by right wing politicians really don’t help their case.Report

  3. Burt Likko says:

    It is angering to see this going on, because it betrays even the pretense of equality before the law. Perry demonstrates no remorse for his actions. His actions harmed society, not just by the taking of a life (as if that weren’t bad enough!) but by demonstrating to people already suspicious of the justice system that they were right to not put their trust in it, that they were right to suspect that people like Perry get treated better than they do.

    Consider the way that the justice system treats a person accused of similar crimes who. Is not the beneficiary of a campaign on the part of media figures.

    First of all, such a person is more likely than not to be a person of color. Secondly, that person is unlikely to receive such gentle treatment from the police at the crime scene. These first and second facts are not unrelated. I’d love to say that the differential caused by race ends at that point,. But I hope everybody reading this comment knows better.

    Once in custody, a person like this will be in processed in lengthy and undignified manner by a reception level jail. In a lot of jurisdictions this involves a strip search which includes a squat so that authorities may be more confident than contraband is not being smuggled into the facility. Conditions within the reception facility very significantly from jurisdiction to jurisdiction, some of which are more racialized than others, but all of which involve a variety of dehumanizing procedures that are effectively intended to indoctrinate the new admittee into a posture of mental inferiority to the uniformed guards.

    There is always a delay between admission to the reception facility and an arraignment. Many states have laws requiring an assignment to an attorney at the earliest possible time, but this rarely happens. Because of funding shortages and other systemic problems, many jurisdictions will see people go six months or more before they are assigned a lawyer. Some jurisdictions do not have laws requiring assignment of a lawyer until arraignment occurs. These jurisdictions tend to have longer times between arrest and assignment to an attorney.

    Once an attorney is assigned,. The person in the system will find that there are one of hundreds of clients that attorney is tasked to handle. Unsurprisingly, the attorney will typically review that client’s file and prepare a strategy. Only very briefly, and only on the day when some other event is occurring the strategy that the attorney picks will typically follow a cookie cutter pattern, but that may be kinda-sorta OK because prosecutors are also overworked, and they too are following cookie cutter patterns.

    To be bailed out of jail while all of this is going that typically requires the payment of a significant amount of money to a bail bondsman. Some jurisdictions have abolished bail, to the great displeasure of law and order advocates within the community. It’s hard for me to see how jurisdictions can afford to keep people in jail, sometimes for as much as a year, before conviction at public expense. Granted, jail is cheaper than prison, because it doesn’t have to elaborately equipped. Jail is intended to be a short term housing facility for people. In custody, where prison is intended to be more or less permanent housing. The result, of course, is that conditions and jails are significantly less humane than conditions and prisons, and if you think conditions and prisons are humane, you are not paying attention.

    All of this is before trial. Bear in mind that we are talking about how the state is treating someone who is, at the time, presumed innocent. Well, ostensibly presumed innocent. They aren’t getting very much information about the progress of their case. , and that’s because the case is not really progressing at all. In theory, the person could insist on their speedy trial rights, but in practice, their attorneys waive those rights so that administrative processing of the court’s docket as a whole can proceed in something that passes for an orderly fashion. The system places immense pressure upon the attorneys to make those waivers, and it is far from clear to me at least that the people involved in the system. Even understand what their rights are much less than they’re being asked to waive those rights for the benefit of people other than themselves.

    This is a significant part of the background of the pressure that participants in the system, both on the prosecution side and on the defense side, feel to make plea bargains. But let’s accused person understands at least that much, and insists that they are innocent and demands a trial they might have to have a bit of an argument with their own attorney about that but it is something that a number of defendants seem able to do. So the case goes to trial, and the trial is typically conducted out of evidence folders because very little investigation has been done beyand what initially happened in the day or so after the arrest. People have different opinions about the caliber of public defenders,. But I have seen little evidence to believe that public defenders are any less skilled or less able to present competent defenses, even under these circumstances, then private counsel. So let’s assume a good trial experience. , one more a plausible defense is offered,. But there is nevertheless a conviction..

    No. The convict is no longer presumed innocent, and will be sentenced within a period of a few weeks of the conviction. If the result of the sntencing is additional time in custody, they will be transferred to a prison. At this point, they may be appointed or may otherwise obtain the services of an appellate attorney to examine the trial for legal errors and present an appeal. Once there appeals process is exhausted. And if the exhaustion of the appeals process results continued incarceration, they have the option of presenting a habeus corpus claim. Under most circumstances, only one habeas corpus claim (and its appurtenant appeals) may challenge the conviction. Meanwhile of course they are living in prison which might be better than jail but is not exactly the kind of existence one would choose for oneself under most circumstances. Let’s be clear: prison would be an awful life.

    In most cases, executive clemency will not be considered until all of these legal processes are exhausted. If what I’m describing above sounds like it could take years and years, it can. And while those are still theoretically viable procedures, there is very little political incentive for a governor of a state, or the president if it’s a federal crime, to consider the granting of clemency. Far easier for the executive to say that the judicial process is not yet exhausted and the system should be given a chance to work on its own merits. So for a significant number of convicts, their terms will expire before their procedural options do.

    Mr. Perry appears to have been treated with kid gloves by the police all along. He does not appear to have spent any time in custody at all until after his conviction. This despite the facts and circumstances of his case appearing to indicate guilt from a very early stage he just picked the right victim, such that actors within the system treated him very very well indeed.

    He is a convicted and unapologetic murderer, and the system shpuld treat him the way it treats other people similarly-described, before the governor succumbs to pressure from preening perfumed princes of political propaganda purveyors to perpetuate Perry’s protracted privileges.Report

  4. InMD says:

    It seems like a highly questionable case for a pardon. As much as I am against the bad faith exercise of discretion for issuance of CCW permits that was still the law in some places prior to last year it’s also clear to me that a lot of jurisdictions are going way too far in the other direction. Regardless of what the law is I also think a lot of people are doing some highly questionable risk analysis when they carry, open or concealed.Report

    • Burt Likko in reply to InMD says:

      Texas is a “Constitutional Carry” state. All you need to carry a weapon out in public is a holster, unless you’re a felon or have a violent misdemeanor within the past five years.

      …if you’re white, that is.Report

      • InMD in reply to Burt Likko says:

        I don’t really know about the racial angle. I could be convinced but I’d want to see some good data that non-white people are being singled out for legal carrying without any other extenuating circumstances or connection to criminality.

        But anyway I think part of the problem with the ‘constitutional carry’ approach is just this kind of situation. You’ve got people who don’t know the law on self defense listening to other people who know even less about the law on self-defense, to the point that they’re violating the law even in a jurisdiction that is really liberal in what it is going to consider self-defense. That’s a problem and I think there are reasonable things that can be done to mitigate it that are completely consistent with the 2A. Instead caution is thrown to the wind.Report

  5. Slade the Leveller says:

    The guy’s no saint, but it sure isn’t hard to miss what else is different between Perry and him.

    https://thehill.com/homenews/3948327-man-found-guilty-of-spitting-at-police-gets-70-years-in-prison/Report