Tag: Death Penalty

First Use of Electric Chair & Eric Church’s “Lightning”

Eric Church’s song “Lightning” captures a lot about the death penalty but his video gets one big thing wrong, missing the odds against Texas executing a white man for killing a black man.

On August 6 in 1890, the State of New York executed William Kemmler in the nation’s first use of the electric chair. As explained in Richard Moran’s Executioner’s Current: Thomas Edison, George Westinghouse, and the Invention of the Electric Chair, as New York prepared to execute William Kemmler, corporate interests and profit motives affected the debate about the execution method.

Edison vs. Westinghouse

Electric chair

George Westinghouse, who was working to make alternating current the U.S. standard for distributing electricity into homes, supported Kemmler in his appeals. Meanwhile, Thomas Edison, who was working to make direct current the standard, was an advocate for the electric chair.

Edison hoped that once people saw the use of the electric chair, they would realize that Westinghouse’s AC current was dangerous and adopt his DC current. As part of his campaign, Edison even showed how electricity could kill an elephant. Edison’s promotion helped lead to the state using AC current for the execution.

But in the long term, Edison did not win the DC-AC debate.  Today we use AC current in our homes.

Kemmler’s Execution

Kemmler had been sentenced to death for killing his common law wife with a hatchet.  After officials strapped him into the chair, the electricity was applied for several seconds.  During that time, Kemmler strained against the leather straps.

When attending doctors thought Kemmler was dead, the warden had the electricity turned off. But Kemmler’s body continued to twitch, causing observers to faint.

After doctors confirmed Kemmler was still breathing, the executioner sent 2,000 volts through Kemmler’s body.  Kemmler’s mouth foamed and blood vessels ruptured.  Witnesses smelled burning flesh as Kemmler’s body caught fire.

After the electricity ceased, Kemmler’s body went limp.  Doctors confirmed that this time Kemmler was dead. Following the execution, about twenty newspapers in New York called for a repeal of the law that allowed execution by electrocution.

Debates about the method of execution will continue as long as the U.S. is in the minority of countries in the world that maintain the death penalty. Recently, news stories have focused on problems with the chemicals used in lethal injection.

Eric Church’s “Lightening”

A slang term for being killed in the electric chair is “riding the lightning.” Country singer Eric Church incorporated the reference in his song, “Lightning,” about a death row inmate.

There is something about the imminence of death that makes a death row inmate’s perspective compelling for a country song. Reportedly, this death penalty song earned Church his recording contract.

Church’s song does not take a position for or against the death penalty.  But it focuses on the often overlooked families of both the condemned and the victim.

I like the version of the song used in the video more than the version from his debut album, Sinners Like Me (2006). The video version changes the sound of the inmate’s voice at the end in a way that the album version does not, using an old microphone sound to convey a timeless voice from beyond the grave. It’s a good and haunting song and video.

Yeah, tonight I ride the lightning
To my final restin’ place.

One aspect of the video, however, is somewhat inaccurate. The condemned in the video is a white man executed in Texas where the victim appears to be African-American. Although Texas leads the country in executions, that racial combination is exceedingly rare.

In 2011, Texas executed Lee Taylor for murdering an African-American inmate while serving a life sentence. That was only the second time out of almost 500 executions during the modern death penalty era (since 1976) that Texas executed a white person for killing a black person. The rarity is not limited to Texas, as a number of studies from various states show that one is more likely to get the death penalty for killing a white person than for killing a person of any other race.

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    Ruth Ellis: Dance With A Stranger

    Dance With A Stranger, Ruth Ellis On this date in 1955, Great Britain hanged Ruth Ellis, who became the last woman executed in the United Kingdom. Ellis was convicted of murdering race-car driver David Blakely. Ellis and Blakely had an affair that sometimes became violent, including one time when Blakely hit Ellis in the stomach causing her to miscarriage. Ellis, a married night club hostess, was found guilty of shooting Blakely to death outside a pub in North London. She emptied the bullets in her revolver into his body and then asked someone to call the police. She immediately gave a full confession.

    After the jury convicted the 28-year-old Ellis of intentional murder, she automatically received the death penalty. She was hanged at Holloway Prison. As in the modern United States, executions of women often seem to highlight for some the barbarity of the death penalty. In Ellis’s case, thousands of people protested the planned execution.

    Although more men were hanged after Ellis, she was the last woman hanged in Great Britain. The last men were hanged in 1964, as England, Scotland, and Wales banned the death penalty for murder in 1965. In 1973, Northern Ireland banned capital punishment, and in 1998 Great Britain banned executions for all crimes, including treason.

    I just learned there is a movie about the case, Dance With A Stranger (1985). It does not appear to be available on Netflix, but is available other places. Dance With A Stranger stars Miranda Richardson, Rupert Everett, and Ian Holm. If you have seen the movie, leave a comment. It seems to have received pretty good reviews by critics. Ellis is also portrayed in the movie Pierrepoint: The Last Hangman(2006).

    The murder of Blakely and the hanging of Ellis led to other tragedies. According to a detailed Wikipedia article, Ellis’s husband, George Ellis, hanged himself a few years later. Ruth Ellis’s son by another man, who was 10 when his mother was hanged, suffered psychological problems after the execution and eventually killed himself in 1982. Ruth’s sister Muriel Jakubait has worked unsuccessfully to clear her sister’s name, although many have argued that Ellis suffered from battered spouse syndrome and post-traumatic stress disorder.

    Albert Pierrepoint, the official hangman of Great Britain who hanged Ellis, wrote in 1974 “that executions solve nothing.” The United Kingdom eventually agreed, but it was too late for Ruth Ellis. More details on the case are available on the TruTV website.

    Have you seen Dance with a Stranger? Leave a comment.

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    Mary Surratt Arrest: The Conspirator (Review)

    Mary SurrattOn April 17 in 1865, Mary Surratt was arrested for conspiracy to assassinate President Abraham Lincoln. In 2011 on that date, the American Film Company released its first film, The Conspirator.  The movie is about Mary Surratt and directed by Robert Redford and starring Robin Wright, James McAvoy, Evan Rachel Wood, Kevin Kline, Danny Huston, and Tom Wilkinson.

    From a young age, we learn the name of John Wilkes Booth.  We know he is the man who shot Abraham Lincoln.  His chase and capture are recounted in the recent book, Manhunt (2006), by James L. Swanson.

    But the names of the others who allegedly conspired with Booth are less heard: Lewis Powell, George Atzerodt, David Herold, John Surratt, and Mary Surratt. A number of additional people were also arrested and convicted of crimes, including Dr. Samuel Mudd.

    Mary Surratt: “The Conspirator”

    The Conspirator centers exclusively on one of the more interesting accused conspirators, Mary Surratt. In doing so, Redford maintains focus in what might otherwise be an unwieldy long story.

    We may be curious to know more about the other conspirators and to spend a few minutes with Lincoln before he is killed.  But Redford keeps the story tight and aimed on the stoic Surratt (Wright) and her passionate lawyer Frederick Aiken (McAvoy), following Aiken as he struggles with his responsibility to defend Surratt.

    Currently on the Rotten Tomatoes website, the critics rating for The Conspirator is 56% and the audience rating is a much-higher 71%, which makes sense. The movie is not an exciting historical romp like The King’s Speech (2010), and the story is told somewhat conventionally. But it is an interesting story that audience members may appreciate more than critics, who might want a film that is more daring.

    Still, the fine acting and look of the film make it well above a History Channel special. All of the principal actors do a very good job (although Justin Long seems out of his time period even with the goofy mustache). And, as in Redford’s A River Runs Through It (1992), the lighting effects seem like another character, making for numerous scenes bathed in beautiful clean natural sunlight.

    The ConspiratorOverall, the movie is engaging and addresses a lesser known aspect of the Lincoln assassination. I will not reveal how everything comes out, but during the prosecution of Mary Surratt and even until today, there are still questions about whether or not she had any involvement in the conspiracy of which she was accused.

    Parallels With Modern Issues

    Others have noticed that the movie has some parallels to the modern debate about military tribunals. Kevin Kline’s Secretary of War Edwin Stanton spouts concerns that echo in our Age of Terrorism. Anthony Lane at The New Yorker believes that Redford belabored the parallels with today’s debates about military trials for accused terrorists a little too much.

    By contrast, I did not think the parallels were overdone. Instead, the movie would have been much more topical and challenging for viewers had it been released several years ago instead of in 2011. Just as more people spoke up on Mary Surratt’s behalf years after her trial, this aspect of the movie seems a little late too.  Yet, the issue is still topical.

    Another contemporary issue underlying The Conspirator is how innocent persons accused of outrageous crimes may be convicted or almost convicted of crimes they did not do. The Death Penalty Information Center website notes that since 1973, there have been more than one hundred people released from death row because of evidence of their innocence.

    Additionally, there are a number of people who have been executed with genuine questions remaining about whether they were innocent. One may debate the extent of the problem and the exact number of condemned innocent who spent years on death row, but the clear risk is certainly troubling. Even in civilian trials with our current constitutional protections, the innocent still may be convicted and condemned, and this realization has contributed to several states eliminating capital punishment in recent years.

    Conclusion

    Conclusion? Conspirator is a well-made straightforward drama about an important event in American history. Although it may not be one of the top few movies of the year, it is a period courtroom drama in a league with Amistad (1997) as less than awe-inspiring but nonetheless engaging, educational, entertaining, and worth your time.

    >

    What did you think of The Conspirator? Leave a comment.

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    Illinois Abolishes Death Penalty: Steve Earle’s Over Yonder

    Lethal Injection Fish eye

    Today, Illinois Governor Pat Quinn signed a bill passed by the state legislature abolishing the death penalty in the state. He also commuted the death sentences of the fifteen Illinois inmates on death row to life in prison. The law takes effect July 1 and will make Illinois the sixteenth state without the death penalty. Illinois also joins other states that have abolished the death penalty in the last several years, including New Mexico and New Jersey. Connecticut, Maryland, and Montana currently are considering abolishing the death penalty.

    Gov. Quinn explained: “”Since our experience has shown that there is no way to design a perfect death penalty system, free from the numerous flaws that can lead to wrongful convictions or discriminatory treatment, I have concluded that the proper course of action is to abolish it. . . . With our broken system, we cannot ensure justice is achieved in every case.”

    Gov. Quinn showed courage in signing the bill, as it is usually easier for politicians to maintain the status quo. Too often politicians use death penalty support as a political issue to play on people’s natural emotions to want murderers killed like in the movies. But in thinking about the death penalty as a criminal justice issue, Gov. Quinn recognized that the death penalty causes too many problems that a logical society should not tolerate. Plus, because maintaining the death penalty is more costly than life in prison, Gov. Quinn reasoned that “the enormous sums expended by the state in maintaining a death penalty system would be better spent on preventing crime and assisting victims’ families in overcoming pain and grief.” More needs to be done to prevent crime and help those victims harmed by crime, and the death penalty is merely a distraction from the real issues.

    Chimesfreedom previously discussed two of Steve Earle’s death penalty songs, so now is a good time to discuss another one. “Over Yonder (Jonathan’s Song)” is from his outstanding album, Transcendental Blues. While “Ellis Unit One” is in the voice of a prison guard, “Over Yonder” is like “Billy Austin,” in the voice of a death row inmate. Unlike “Billy Austin,” though, “Over Yonder” is about a real person, and it shows in the song.

    Steve Earle catalogs many of the problems with the death penalty in his earlier “Billy Austin,” such as the racial and economic discrimination inherent in the punishment. But in “Over Yonder,” perhaps because he was writing about a real person, Earle tries to convey what a human being would feel like preparing to be executed.

    Give my radio to Johnson
    Thibodeaux can have my fan
    Send my Bible home to Mama
    Call her every now and then.

    The real subject of the song, Jonathan Nobles, corresponded with Steve Earle for ten years, and the two met and spent several days together talking in the visiting area at Ellis Unit One before Nobles was executed on October 7, 1998 in Texas. Nobles was convicted of killing two women while he was under the influence of drugs in 1986. When he first went to death row, he was a trouble-maker. But as time passed, Nobles became a Catholic and worked to turn his life around. He fasted on his last day and requested Holy Communion for his last meal.

    When Earle visited Nobles, they spent a lot of time talking about issues where they shared common ground, such as love of music, their times spent behind bars, their use of drugs, and their recovery from addiction. Steve Earle later wrote an essay about their time together and witnessing Nobles being killed by lethal injection. In Earle’s essay, he concluded that because Nobles had changed so much, society could have learned about rehabilitation from Nobles, which is especially important considering the large number of people in U.S. prisons.

    In the song, Earle does not condemn those who executed Nobles, he just tells the story. And he does not argue the inmate is innocent, he just reminds us that he is human.

    The world’ll turn around without me
    The sun’ll come up in the east
    Shinin’ down on all of them that hate me
    I hope my goin’ brings ’em peace.

    I am going over yonder
    Where no ghost can follow me
    There’s another place beyond here
    Where I’ll be free I believe.

    Just as importantly, Earle reminds us that we are human. Because, as has been noted, the death penalty is more about who we are as a society than about the handful of people executed. Gov. Quinn today chose for the state of Illinois to be a little more wiser and more humane.

    Bonus Illinois Death Penalty Information: The Chicago Tribune recently did a study of the state’s capital punishment system. The paper found “at least 46 inmates sent to death row in cases where prosecutors used jailhouse informants to convict or condemn the defendants. The investigation also found at least 33 death row inmates had been represented at trial by an attorney who had been disbarred or suspended; at least 35 African-American inmates on death row who had been convicted or condemned by an all-white jury; and about half of the nearly 300 capital cases had been reversed for a new trial or sentencing hearing.”

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    Will Gov. Quinn Sign the Death Penalty Bill?

    Yesterday, the Illinois Legislature passed a bill to abolish the death penalty in that state. In order for the bill to become law, the governor must sign it. The bill now sits on Governor Pat Quinn’s desk, and he has said that he does not yet know what he will do.

    Lethal Injection ChamberIllinois has been a leader in the death penalty debate in recent years, so it will be interesting to see if the governor has the courage to accept the role in abolishing the death penalty. After several Illinois death row inmates were found to be innocent in the 1990s, then-Gov. George Ryan ordered a commission to review the criminal justice system and he ultimately commuted the sentences of everyone on Illinois’s death row. The results from the commission, and studies by other states inspired by Illinois, in effect, found that there are so many flaws in the criminal justice system, that we can never be sure that we will not execute an innocent person.

    Fifteen states and the District of Columbia do not have the death penalty, and there has been a strong worldwide trend for decades to get rid of the death penalty. Yet, when we hear about a violent crime, like the recent tragic shootings in Arizona, our first reaction is to reach for the lethal injection needle. That quest for revenge is normal and human, but it is also normal and human to act out of rational thought instead of anger. And rational thought and experience tell us that the death penalty is more expensive than life in prison, ineffective, racist, inaccurate, and discriminates against the poor.

    Steve Earle touches on several of these themes in his excellent song, “Billy Austin.” The stark tale is narrated by a death row inmate who is part Native American. He does not claim to be innocent, and he describes committing a murder during a filling station robbery. The song then addresses the trial, referencing the poor representation often given to those charged with capital crimes. Earle seems to be telling us that the death penalty is not given based on the worst crimes, it is given based on what happens in a courtroom.

    But my trial was over quickly
    And then the long hard wait began
    Court appointed lawyer
    Couldn’t look me in the eye
    He just stood up and closed his briefcase
    When they sentenced me to die

    The narrator then describes the wait on death row, touching on the racism in the system.

    I ain’t about to tell you
    That I don’t deserve to die
    But there’s twenty-seven men here
    Mostly black, brown and poor
    Most of em are guilty
    Who are you to say for sure?

    And the song ends with another question.

    Could you take that long walk with me
    Knowing hell is waitin’ there
    Could you pull that switch yourself sir
    With a sure and steady hand
    Could you still tell yourself
    That you’re better than I am.

    And those are the questions that face Gov. Quinn. If he does not sign the bill, he will be the one pulling the switch on everyone executed in Illinois from this day forward. And that is a heavy responsibility to bear. Because the death penalty ultimately is not about the person being killed, it is about who we are.

    Bonus Governors’ Dilemmas in Other States: In the past week, Missouri Gov. Jay Nixon, and Tennessee Gov. Phil Bredesen granted clemency to men on death row. Meanwhile, also in the last week, Colorado Gov. Bill Ritter granted a posthumous pardon to Joe Arridy, who was executed in 1936, because evidence now shows Arridy was innocent.

    Bonus Discussion of Another Steve Earle Song on the Death Penalty:  Justice Stevens and Steve Earle’s “Ellis Unit One.”

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