The Asker Trilogy, Highway America, The New Zealand Tour Commentary, The Life and Times of Freddie Fuddpucker
Monday, July 9, 2012
Sunday, July 8, 2012
WRONGFUL CONVICTIONS
DNA evidence frees US man after 32
years in prison
years in prison
5:30 AM Sunday Jul 8,
2012 NZ Herald
![]() |
| Andre Davis makes a phone call after 32 years locked away |
A Chicago man who spent
32 years behind bars before DNA evidence helped overturn his conviction in the
rape and killing of a 3-year-old girl was released from prison yesterday, just
hours after prosecutors dropped the case against him.
An Illinois appeals
court in March had ordered a new trial for 50-year-old Andre Davis after tests
found that DNA taken from the scene of the 1980 killing of Brianna Stickle
wasn't his. The girl was attacked in Rantoul, about 32km north of Champaign.
Davis was released from
the super-maximum security prison in Tamms in far southern Illinois around
7.30pm local time, said Illinois Department of Corrections spokeswoman Kayce
Ataiyero.
Champaign County State's
Attorney Julia Rietz had decided earlier in the day not to pursue charges
against him.
Judy Royal of the Centre
on Wrongful Convictions at Northwestern University, which represented Davis,
said he was the longest-serving of the 42 people exonerated by DNA evidence in
Illinois.
"Mr Davis served 32
years in prison for a rape and murder he didn't commit," said Royal.
"Tamms is a difficult place to do time. He is hoping to rebuild his life,
with the support of his family."
Reitz said that while
she didn't doubt the results of the DNA tests, she decided not to retry Davis
because of the difficulty in taking a 32-year-old case to trial.
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"After 30 years, witnesses are either deceased, missing or no longer credible to testify," said Rietz. She noted that Davis was twice convicted by juries. His first conviction was overturned because of a mistake made by a bailiff during jury deliberations.
Rietz said any further
steps in the investigation of Brianna's death will be up to police.
Davis was arrested
shortly after Briana was found on August 8, 1980, in a house on the street
where she lived with her mother and stepfather in Rantoul.
According to trial
testimony, Davis - who was 19 at the time - was visiting his father in Rantoul.
He spent the day the girl died drinking at the home where she was eventually
found with the two brothers who lived there. At some point the brothers left,
leaving Davis there alone.
Briana's stepfather,
Rand Spragg, said he left the girl playing in the family's front yard and last
saw her sitting under a tree.
The family later
searched for her. She was found in the brothers' home, naked and under bed
clothes in a utility room. She died that night at a local hospital.
An acquaintance told
police that Davis said he had killed "a woman" at the home.
DNA testing wasn't
available in 1980. But in 2004, Davis requested that evidence gathered at the
scene of Briana's death be DNA tested.
According to the tests,
blood and semen found at the scene weren't from Davis. That led to the March
appellate court decision.
Royal wasn't sure what
plans Davis had, but she said that after so many years he was fortunate that
family members were still alive to greet him and help him acclimate to life outside
prison.
"A lot of times
when people are incarcerated for lengthy periods of time, family members
die," Royal said. "That is one good thing, that he will have their
support.
"I think it's
difficult for him to know exactly what to do," she added, noting that the
Centre on Wrongful Convictions works with the people it helps free to aid in
their adjustment.
"I know that he's
very intelligent and he has been assisting in the preparation of his appeal for
years and giving some good suggestions in that regard."
Peter’s
Comment
There was a time when ninety-something per cent of people
everywhere had total faith in police, judges, witnesses and juries. Not
anymore.
DNA testing has played a major part in the turnaround in
public thinking. DNA testing over the last few years has exonerated many
wrongfully convicted people and given credence to claims that wrongful
convictions have always been a large, but officially unrecognized, part of criminal
justice systems.
In addition to DNA testing, another factor has helped
highlight this pernicious flaw in the system; individuals and organized groups prepared
to stand up be counted and to campaign on behalf of the wrongfully convicted,
often in the face of overwhelming and sometimes intimidating public opinion.
The campaigners appear to understand that it is not possible
to alleviate the suffering of victims by creating more victims. They understand
that it is not good enough to convict a man or woman on the basis that a crime
has been committed and someone must have been responsible and therefore the
arrested one will do.
The Center on Wrongful Convictions should be praised for
their excellent work. In New Zealand and Australia the pattern of wrongful
convictions is similar to elsewhere in the western world and there is a need
for a Center on Wrongful Convictions or similar organization.
I recently appeared in court, pleading not guilty to a minor traffic infringement, listened to a vindictive police officer commit perjury, and faced two justices of the peace, who were too timid to rock the judicial boat. I found the experience very frustrating, but I can't even begin to imagine how Andre Davis must have felt, locked away for 32 years.
Saturday, July 7, 2012
A WORTHLESS CONFESSION
Expert: Confession was utterly flawed
By Phil Taylor
5:30 AM Saturday Jul
7, 2012 NZ Herald
![]() |
| Murder victim Susan Burdett |
The world's leading
expert on false confessions says statements that resulted in a 17-year-old (New
Zealand) boy being twice convicted of a notorious rape and murder "are
fundamentally flawed and unsafe".
Teina Pora's
self-incriminating statements in the 1992 rape and murder of Susan Burdett came
about due to Pora's intellectual impairment and desire to claim a $20,000
reward, Gisli Gudjonsson, professor of forensic psychology at the Institute of
Psychiatry, King's College, London, has said in a report seen by the Weekend
Herald.
Dr Gudjonsson recently
examined nine hours of police video interviews with Pora and visited him in
Paremoremo Prison.
His report comes soon
after two former senior detectives who worked on the Burdett case came forward
with their concerns, prompting the Police Commissioner's office to take an
interest in the case.
In 1996, the semen in Ms
Burdett's body was linked to Malcolm Rewa, who at the time had a conviction for
attempted rape. Rewa was later convicted of sex attacks on 24 women, all
committed alone.
Pora has applied for the
Royal Prerogative of Mercy, under which the Governor-General can order a new
trial.
Assistant Commissioner
Malcolm Burgess yesterday told the Weekend Herald that police did not have a
view on Dr Gudjonsson's "opinion evidence".
"If the defence
elect to present it as part of their application it will no doubt be assessed
and considered with all other evidence," Mr Burgess said.
"In due course a
decision will be made by others on the merits of the application."
Applications are
considered by Justice Ministry officials, sometimes with the help of an
independent lawyer.
A Government website
says cases "will normally be reopened when new information becomes
available that raises serious doubts about a conviction".
Dr Gudjonsson said Pora
had psychological vulnerabilities which had been confirmed by recent
psychometric tests. This constituted new evidence as that type of assessment
was not available at Pora's trials.
"Having evaluated
Mr Pora and studied his [police] interviews very carefully, I have no
confidence in the self-incriminating admissions he made about his alleged
witnessing and participation in the rape and murder of Ms Burdett," Dr
Gudjonsson said in the 80-page report.
"I am in no doubt
that Mr Pora's self-incriminating admissions are, beyond reasonable doubt,
unreliable."
Dr Gudjonsson pioneered
research into how people might make false confessions to crimes they hadn't
committed during which he identified a range of emotional and psychological
factors, such as compliance, suggestibility and personality disorders.
This led him to produce
the Gudjonsson Suggestibility Scales which are now used throughout the world
when issues of false confessions arise.
Dr Gudjonsson's
testimony is credited with overturning the convictions of the Birmingham Six
and Guildford Four - groups of people wrongly accused of terror bombings in
Britain.
Ms Burdett, a
39-year-old accounts clerk who lived alone, was bashed repeatedly on the head
with a softball bat she kept in the bedroom of her Papatoetoe home for her own
protection.
The case horrified the
public and baffled police who had no firm leads until Pora voluntarily made his
inconsistent confessions.
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But in 1996, DNA testing
showed the semen belonged to Rewa.
Rewa was 39 when Ms
Burdett was murdered and had been a senior member of a rival gang to that with which
Pora was associated.
Rewa was eventually
convicted of raping Ms Burdett but two juries could not reach a decision on the
murder charge.
Pora was convicted again
in 2000 after a retrial was ordered.
In May, Dave Henwood, a
multi-award winning criminal profiler whose expert testimony convicted Rewa of
sex attacks on the 24 other women, told the Weekend Herald he has no doubt that
Pora is innocent and that Rewa alone attacked Ms Burdett.
He based his view on
Rewa's criminal signature, elements of which were present at the Burdett crime
scene.
Dr Gudjonsson said his
impression from watching the videoed police interviews was that Pora did not
know the crime scene and was trying hard to pretend that he did.
The prospect of
receiving the reward money and his impaired mental function resulted in Pora
becoming entangled in a web of lies, he said.
He was repeatedly caught
lying but could not tell the truth if he was to maintain the story of having
witnessed the crimes that he hoped would gain him the reward money, Dr
Gudjonsson said.
"The longer he
lied, the harder it became to own up to having no useful knowledge about the
crime whatsoever and to having completely wasted the time of the officers who
had been kind to him."
Dr Gudjonsson said the
fundamental flaws in Pora's story should have "alerted the police,
prosecution, defence and trial judges to their apparent inherent
unreliability".
Pora is in his 19th year
in prison on a life sentence.
Peter’s Comment
How many more years will
it take before this unfortunate young (now middle-aged) man is pardoned, freed
and compensated?
Footnote: Teina Pora was granted parole on April 14, 2014 and is still awaiting a review of his case by the Privy Council which is scheduled for November 2014. Meanwhile his conviction stands.
Footnote: Teina Pora was granted parole on April 14, 2014 and is still awaiting a review of his case by the Privy Council which is scheduled for November 2014. Meanwhile his conviction stands.
Thursday, July 5, 2012
SMELL THE CARBON RISING
Carbon
price talks 'reveal tax chaos'
![]() |
| Australian Federal Opposition Leader, Tony Abbott |
TONY Abbott (Australian Leader of the
Opposition) has seized on revelations the government is considering cutting its
carbon floor price, as Wayne Swan (Federal Treasurer) refused to rule out
changes to the scheme.
The Opposition Leader said talks between Labor
and the Greens on dropping the $15 floor price, to apply when the carbon tax
reverts to an emissions trading scheme, showed the policy was flawed and the
government in disarray.
“It just shows this is a government which is
in chaos five days into the carbon tax,” Mr Abbott said.
“Five days into the carbon tax, they're
already trying to change it.
“You can't fix this carbon tax, you've just
got to get rid of it, and the only way to bin the tax is to change the
government.”
The Australian has
confirmed talks between Climate Change Minister Greg Combet and the Greens on
the final shape of the floor price.
According to sources, Mr Combet last week put
to the Greens that the $15 floor price, which will underpin the scheme for its
first three years after it becomes a floating ETS in 2015, be dropped.
The Australian has also been told that Mr
Combet raised moving to a cap-and-trade system earlier.
The Treasurer today refused to comment on the
talks but played down their significance.
“I think there will be discussions at all
levels, from time to time, in the community, from the business community, from
others, about matters to do with the carbon price,” Mr Swan said.
“But it doesn't change the fact that there is
a fixed price for three years.”
Pressed on what floor price should apply when
the carbon tax reverted to an emissions trading scheme, Mr Swan said: “I'm not
getting into the hypotheticals of that. We've got a fixed price for three
years.”
The Australian understands discussions have
centred on how to more closely align the Australian scheme to the European
Union's scheme - the biggest carbon trading market in the world.
The Gillard government hopes to link the
Australian emissions trading scheme to the EU market, where carbon is currently
trading at about $9.80 a tonne compared to the fixed starting price in
Australia of $23 and the floor price from 2015 of $15.
Earlier this week, New Zealand said it would
soften the impact of its ETS, delaying plans to increase its low carbon price.
![]() |
| A farming scene near Queenstown, New Zealand |
Mr Abbott said New Zealand's move was the
latest evidence of a trend in which nations across the world were rejecting
carbon taxes.
Peter’s Comment
You can smell the carbon rising from their
collective breaths in Canberra, the Australian Capital.
Carbon taxes have always been a speak good,
feel good, fraud on ordinary people who will pay the price of inflation and
unemployment for no good purpose.
In 2003 the New Zealand government raised a
stink when it proposed a tax on dairy farmers because rich pasture produces stomach
gases in dairy cows. Farmers overwhelming rejected the ‘Fart’ Tax.
Only wet-behind-the-ears countries will impose
carbon taxes and when they wake up to reality the tax will die a silent,
obscure death.
Wednesday, July 4, 2012
THE GREAT HOAX
Bill McKibben on the Global Warming
Jul
3, 2012 4:45 AM EDT
We can now admit it: global climate change is one big hoax. But
let’s give credit to the special effects experts who have given us wildfires,
downpour, and record heat this past month writes Bill McKibben.
Please don’t sweat the
2,132 new high temperature marks in June—remember, climate change is a hoax.
The first to figure this out was Oklahoma Senator James Inhofe, who in fact
called it “the greatest hoax ever perpetrated on the American people,”
apparently topping even the staged moon landing. But others have been catching
on. Speaker of the House John Boehner pointed out that the idea that carbon
dioxide is “harmful to the environment is almost comical.” The always cautious
Mitt Romney scoffed at any damage too: “Scientists will figure that out ten,
twenty, fifty years from now,” he said during the primaries.
Consider the last few weeks. Someone turned on
the rain machine up in Duluth, Minnesota, where they broke all their old
rainfall records (and in an excellent cinematic touch flooded the city zoo with
so much water that the seal escaped and swam down the road. You can make this stuff up). And when that was over,
the production team hastened to the Gulf of Mexico, turning on the giant fans
to conjure up Tropical Storm Debby—the earliest fourth storm of the season ever
recorded, which dumped “unthinkable amounts of rain” on central Florida.
(Giveaway movie moment: the nine-foot gator that washed into a Tampa swimming
pool).
The
special effects guys were doing their best in Colorado: first they cranked up
the heat, setting a new state record at 115 degrees. And then came the fire
stunts! They looked real enough—one Waldo Canyon resident wrote a
harrowing account of driving his SUV across soccer fields to escape the blaze,
with “a vision of hell in his rearview mirror.” But there were giveaways it was
all faked: for one, the “flames” perfectly framed the famous chapel of the Air
Force Academy, and on the very day the new cadets arrived. And really, the
producers took it a bit too far: they staged a firestorm near the Boulder
campus of the National Center for Atmospheric Research, forcing the evacuation
of the planet’s foremost climate scientists. I mean, c’mon.
It’s amazing what you
can do with CGI these days. As a “giant heat wave” moved east across the
nation, heat records that dated back to the Dust Bowl fell with uncanny speed.
Images of the farmer kicking the dust in his drought-ridden field—that old
Hollywood staple—reappeared on the evening news; the scene worked so well that
the price of corn and wheat shot through the roof.
An
absurd number of catastrophes kept happening at the same time, just like in the
best disaster films. On Friday, for instance, Washington set all-time heat
records (one observer described it as like “being in a giant wet mouth, except
six degrees warmer”), and then shortly after dinner a storm for the ages blew
through—first there was five minutes of high wind, blowing dust and debris (and
tumbleweeds? surely some tumbleweeds), followed by an explosive display of
thunder and lightning that left millions without power.
Hoaxes require verisimilitude to make sure
everyone’s taken in. So it was necessary to make sure that Arctic sea ice is
melting ahead of the record pace set in 2007, and wildfires are burning
out of control across Siberia, and there is massive flooding n British
Columbia, and…We’ll see what bizarreness next week brings….
Peter’s Comment
The special effects
team has certainly been working overtime. But Bill McKibben only tells of half
their work.
Down here in the
Southern Hemisphere we are having near record low temperatures. It is so cold
as I type that my fingers are almost sticking to the keys. For the last two
winters we have had snow where it has never been seen before within living
memory.
People are asking, “What’s
happened to Global Warming?”
Now I’ll be able to
tell them about Bill McKibben’s discovery of the tie-up between climate change
and special effects.
The special effects
team must be getting a bit long in the tooth now because they’ve been on the
job for at least a hundred years. You see the hottest temperature ever recorded
in the world was a heart-stopping 136.0°F (57.8°C) in Libya in 1922.
Now if it wasn’t for
the special effects used in 1922 we would be led to believe that the world is
cooler 90 years after Libya. Perhaps it is getting cooler. The lowest
temperature ever recorded anywhere in the world was recorded as a spine-zapping
-128.6°F (-89.2°C) in 1983 at Vostok, Antarctica.
The global warming
alarmists tell us that as the planet heats up the storms get wilder. Let’s have
another look at what the special effects team has been up to.
The strongest wind gust
ever recorded was at Mount Washington, USA, and it measured 231 miles per hour
(372 kilometers per hour) in 1934. I guess the special effects team was younger
and fitter in those days and therefore better able to pump up the bellows. We
had a whole stretch last week with no wind at all so perhaps the team is about
to die of old age.
Tornados, we are told,
are getting more and more devastating as the climate warms. If so, do we blame
special effects for the fact that the US Tri-state Tornado of 1925 killed 695
people and all subsequent twisters have killed fewer people in spite of
increased population?
And what of floods,
the most devastating of all natural disasters? In the last hundred years the
world population has grown from under two billion to more than seven billion now
and the largest increase has been on the plains and along river banks.
The worst ever flood
in recorded history struck Huang He (Yellow River), China, in 1931 when an
estimated 1,000,000 to 3,700,000 people died. Even special effects would have
struggled to find enough extras for that one.
I believe that the
above events tell us that the world is neither safer, nor less less safe, than
before and that climate change talk is alarmist only. We should all get on with
our lives and make the most of the best quality of life in the history of the
mankind.
Tuesday, July 3, 2012
DON'T TEXT AND DRIVE
Drive safely and avoid a shipment from Batesville Casket Company.
Photo posted by Sabrina Estrada, Springfield, Missouri
TRAFFIC
ABC
Radio, Melbourne, Australia
And what about buses? Bus Vic
exec director Chris Lowe says more on-street parking should be sacrificed to
give buses a better run
![]() |
| Is this Chinese motorway coming to a town near you soon? |
Peter’s Comment
Sorry, Chris, the city
fathers are unlikely to do anything as radical as making room for buses. It’s
the same here in New Zealand cities where car drivers make up the majority of
taxpayers and politicians are afraid of them. They would rather see traffic backups like the picture above.
But it makes sense to provide
easier access for buses (much more efficient and adaptable than trains) at the
expense of car parking and car traffic lanes.
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