Habeas Corpus, Alive and..., Well?

Habeas corpus is one of those legal terms we learned about in high school (and some of you learned a lot about it in law school) and it gets thrown around from time to time and we sort of remember what it means and that it might be important.

Habeas corpus has been in the news lately. In president Bush’s bumper sticker war on terror, he is trying to do away with habeas corpus. And in the neighboring state of Georgia, habeas corpus is getting a young man closer to being released from jail.

The dictionary defines habeas corpus ad subjiciendum as a writ for inquiring into the lawfulness of the restraint of a person who is imprisoned or detained in another’s custody. To me, that means you get to question why you are being held, and whether your punishment fits the crime. Help me out here attorneys if I am wrong.

Genarlow Wilson was 17 years old when he and some friends decided to rent a motel room for some sexual escapades. Everyone was a willing participate. Someone had a video camera. Someone showed the video to someone, and Genarlow was arrested for having oral sex performed on him by a 15 year old girl. There was no coercion, everybody had a good time. (Well, maybe not the 17 year old girl who got drunk, had sex on the floor and claimed she was raped...a charge that did not stick. She is the one that reported the event).

Georgia tried to get tough a few years ago by revising its sex crimes laws and making sex with a minor a felony, and imposing stiff (pardon the pun) punishment including long prison terms and sexual predator registration. Genarlow was an honor student, a star athlete, and homecoming king. He had everything going for him, and only did what half of the boys his age are already doing, and the other half wish they were doing.

Because of the publicity surrounding this case, the Georgia legislature changed their laws to make consensual sex between teens a misdemeanor, instead of a felony. But they did not grandfather Genarlow in under the revised law, so he remained in prison, with a felony conviction, labeled a sexual predator.

Genarlow’s attorney filed a writ of habeas to seek relief for her client. Months of legal wrangling later (and years in prison later for the young man, now 21) yesterday the judge granted her petition and a bubbling attorney and Genarlow’s mother and CNN’s Rick Sanchez jumped up and down after the attorney read a fax hot off the machine announcing the decision (I have never before seen a reporter kiss a person he’s trying to interview but there is always a first time. Go Rick) that said the charge would be reduced to a misdemeanor, his time served would be enough time in prison, and no sexual predator status. CNN Video

Well now of course, the power hungry attorney general of Georgia has filed an appeal to keep Genarlow in prison, meaning he must think this young man is a danger to society.

If this appeal is successful Georgia had better start building prisons in every town next door to every high school, and just move the kids on in. I’m not advocating teen sex, but I do accept reality.

But the case at least shows us one way that habeas corpus works.

Now, to the war on terror. There are many ways in which the Patriot Act (inappropriately named) has trampled on our constitutional rights, and this has been pointed out many times. More recently the Military Commissions Act of 2006 was passed. In a few words, this act allows the federal government, i.e., the president, to hold detainees, and to convene a military commission to prosecute them. This law also denies habeas corpus type protections to those who are detained, and can be used against U. S. citizens.

In other words, the president can order anyone to be detained, without charging them with a crime, for any length of time, and the detainee can not challenge his or her imprisonment and if this is one of your loved ones you can not do anything about it.

Here is what Anthony Romero, the executive director of the American Civil Liberties Union, says about it, "The president can now, with the approval of Congress, indefinitely hold people without charge, take away protections against horrific abuse, put people on trial based on hearsay evidence, authorize trials that can sentence people to death based on testimony literally beaten out of witnesses, and slam shut the courthouse door for habeas petitions,” and an editorial in The New York Times described the Act as "a tyrannical law that will be ranked with the low points in American democracy.”

This act or parts of it are being challenged on several fronts, and in the news today is what seems to be a setback for the Bush administrations War on Civil Liberties. A federal appeals court panel has ruled that President Bush cannot indefinitely hold a U. S. resident on suspicion alone and ordered the government to either charge Ali Saleh Kahlah al-Marri with a crime or release him. Of course the Bush administration is appealing this to the full appeals court.

Here is what the court said, “The President cannot eliminate constitutional protections with the stroke of a pen by proclaiming a civilian, even a criminal civilian, an enemy combatant subject to indefinite military detention.”
Story

I am not a legal expert by any means, and am not even sure if habeas was used in this case (since I guess the guy would have been denied habeas anyway), but it all ties in together. The president does not respect our constitution, he does not understand the importance of basic fundamental rights as outlined in the constitution and bill of rights.

Sopranos - Bizarre

I may be up on presidential candidates and certain health issues and helping plants to thrive during the worst drought in history, and even on such pop culture happenin's as Paris Hilton's in and out saga or Jennifer Hudson's connection to the gay community, but one thing I am not close to is The Sopranos. Until yesterday I had never seen the show but with all the hype about the final episode I decided to watch. Ho-hum. I kept waiting for it to get interesting, and not until Tony Soprano walked into the restuarant and sat down at the end did I get drawn in to it. Think of all the time I saved over the last few years by waiting till the final episode to watch.

I am 100% sure that had I been watching from the beginning, or even just from the beginning of this season, and had a better understanding of the characters and plot lines that the entire episode would have been meaningful to me.

So from a one time viewer just let me say that Meadow trying to parallel park was the most brilliant part of the final few moments. Some of you may have it on Tivo and may not have watched it yet, so I will say no more.

If I am on one end of the Soprano's spectrum, then Brian Fleury is on the other. The Birmingham News reports that Brian, who lives in North Shelby County, ordered pizza for Sunday nights finale from Pizzaland in North Arlington, N. J. This pizzaria is shown each week during the opening credits. $44 ($13 for the pie, $31 for overnight delivery packed in dry ice)for a "really good New York-style pizza" was well worth it for Brian, even if the pizza did arrive cold. Toppings? Pepperoni and sausage. Apparantly he is not the first person to order pizza long distance from Pizzaland, "When I called, before they even said 'Hello,' they said,'Where do we need to ship it."





As I stepped out this morning the sun was bearing down on the back porch, and I guess the heat was helping this liitle rose release its fragrance, because it was almost overwhelming. This back porch is about to be torn down, but this rose will be saved as new construction takes place.

Most of the daylilies are surviving the dought, although flowering is not as profuse as in past years.

Western Tribune and Watercress Darter (Again)

I have learned something new. Now when you click on a link in my posts, it will open in a new window. If I can figure out how to change the blogger list to do this, I will, and it should make it easier to navigate around. This is only true for post starting today...I'm not going to go back and change the html on all the old posts. Sorry.

I was reminded that I failed to post my Western Tribune column this week on Wednesday, as I have been doing, so here it is:

Recently the City of Bessemer settled a lawsuit with the Federal government which was brought against the city for non-compliance with the ADA (American with Disabilities Act). This act, signed into law by President George H. W. Bush in 1990, among other things requires public buildings to provide access to those with disabilities. A resident of Bessemer was denied access to City facilities because of her disability.

My first question is this: why did it take 17 years and a federal lawsuit before Bessemer took notice that it was out of compliance with this law? Quitman Mitchell was mayor, and for the next twelve years he was unaware, indifferent to or willfully negligent in not adhering to the standards outlined. The passage of the act was big news at the time; I don’t see how the mayor could have been unaware of it. For the last five years Ed May has been mayor and still nothing has been done to bring the city in to compliance.

The city has three years to remedy the situation downtown, things like curbs and sidewalks and ramps. The Bessemer Civic Center will have seven long years to make changes in access to the stage. There is my second question: why do we have to wait seven years before our citizens with disabilities are allowed to access all of the civic center facilities? Surely an acceptable design and necessary repairs can be finished in a much shorter time.

This is really an embarrassment for our city. If a city can not provide equal access to facilities and services for the disadvantaged in the city, how do we know that the city is looking out for any of us?

Schools are public buildings and are subject to ADA regulations as well, and I wonder if Bessemer’s schools may be out of compliance also. Do disabled students have full access to all of the facilities? While Bessemer school officials are thinking about compliance with the ADA, they should consider this IDEA. The Individuals with Disabilities Education Act (IDEA), enacted in 1975 and amended most recently in 2004, was enacted to assure that children with disabilities have every opportunity to receive a free quality public education that other children do. Are our schools compliant in this area as well, providing the teachers, resources and support to provide what is required for every student?

This might be a good time for our Board of Education officials and principles to review the current ADA and IDEA regulations and make sure we are compliant with all of them. Let’s not wait until another costly lawsuit arises, or until a caretaker of a disabled person has to file a complaint.

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Remember our friend the Watercress Darter that I brought to your attention months ago. Today Pat Byington has an editorial in the Birmingham News about the history and the importance of this little fish. Read it here: We must preserve God's vibrant tapestry in this state As Pat brings out in his piece, Alabama certainly has a huge amount of bio-diversity, and we do have a responsibility to protect it. I especially liked his quote of the discoverer of this rare colorful fish in describing his find, "A visual treat that does something to the spirit - like a beautiful sunset."

But its not just about the Watercress Darter, and Pat understands this. It's about the world we live in and climate change and sustainable energy and noise pollution and smoke free public buildings and more

Then go visit the Watercress Darter National Wildlife Refuge here in Bessemer.

Gay Pride in Birmingham, Good-bye Isaiah

June is generally recognized as Gay Pride month, although some communities celebrate pride at different times to accommodate local events or to avoid conflicts. June was chosen because it was on June 28, 1969 that police raided the Stonewall Inn, a popular gathering spot for gays, in Greenwich Village, and gays, drag queens and others fought back for the first time. The modern movement for equality was born.

In Birmingham gay pride has been celebrated for years, as Birmingham’s first organized PRIDE celebration was held in 1979, and the first parade was in 1989. We’ve come a long way, baby.

A few years ago we had a friend from San Francisco visiting, and took him to the PRIDE parade. He couldn’t believe that in Birmingham, Alabama we had such a celebration, with so many participating, and so many spectating, and was really amazed that so many straight couples and families were present. They were just out to have a good time, as Birmingham’s parade is a Mardi Gras style parade in good taste where candy and moon pies and trinkets and beads are tossed to the crowd.

This year, Patricia Todd will be the Grand Marshal of the parade, set for Saturday June 9 around Five Points South, beginning at 8:30. Line up begins at 6:30.

Also on Saturday is "Language Matters," a discussion sponsored by Equality Alabama at Avondale Library at 10:30 AM, which will explore how anit-gay forces use language against the GLBT community, and how to counteract them. Everyone is welcome.

On Sunday, at Sloss Furnace, the celebration continues with entertainment, children’s area, informational booths and vendors, from noon to 10 or so.

Come to these events to see friends, support equality, learn that you are not alone, be entertained, have fun, or become informed. GLBT or straight, there is something for everyone at these events.

In a sort of related matter, Isaiah Washington has been dropped from the Grey’s Anatomy line up. Goodbye Dr. Burke

Chris Dodd in Bham, Coke Wants to Save the Cahaba

The link yesterday to the story about the 4 suspects in the murderof the young woman whose body was found off of Morgan Road in Bessemer linked to the wrong story. Here is the correct link: Violent Suspects

As long as we are on the subject, there has been progress made in the murder investigation of the 14 year old boy who was attending a birthday party on Dartmouth a few nights ago. Rolando Williamson of Lipscomb has been arrested for the murder of Joshua Hughes. Arrest made

And the "body" I wrote about is still by the side of the road, I guess the police and/or street department are not too concerned.

Senator Chris Dodd, Democratic Presidential candidate spoke before a capacity crowd last night at the Botanical Gardens in Birmingham, in an event sponsored by Over the Mountain Democrats. Although a long shot to win the nomination, but a sure shot to win the presidency if he does get the nod (any Democrat should win, unless they really screw things up over the next few months), it was certainly refreshing to see and hear in person one of our nation's leaders who understands the war (that it is a civil war and we must disengage from the conflict over the next few months as there is no military solution.) "There has not been one from the beginning...There is not an army big enough or a treasury deep enough to do this," he said.


"I think we would all agree that the stakes for our country, at least in our lifetime, have never been higher" Dodd spoke about health care, the environment, energy, and education and offered suggestions and solutions to the numerous issues facing our country in those areas. He would be a good candidate to challenge the republican nominee, whoever that might be. (Ron Paul?) Check out Dodd's creds at:

Chris Dodd for President


Sometimes a small news item just really strikes me as really worthwhile, and this one did. Coca-Cola has announced that it is funding a $20 million river conservation project to protect seven major rivers worldwide including the Danube in Europe, the Yangtze and Mekong in Asia, coastal East African basins from Somolia to South Africa, the Mesoamerican Reef in Latin America, the Rio Grande/ Rio Brave in North America and the Cahaba River in Alabama!

The press releases actually say "the rivers and streams of the southeastern United States" but the Cahaba is mentioned on the sites of the organizations involved.

To have our little bio-diverse river garner such international recognition (the announcement came from Bejing, China) is exciting. This came about because last year the Cahaba River Socity took Coke executives on a canoe trip organized by the World Wildlife Foundation, and the announcment came at the WWF annual meeting in Bejing.

Coke uses 76 billion gallons of water each year to produce its drinks. They want to "return every, every drop we use back to nature," Coke CEO E. Neville Isdell said at the news conference.

I've always preferred coke over Pepsi, and this is just one more reason.
Cahaba River Society (Strange, there is nothing on their site about this as of this posting)
WWF
Coke Press Release

CSI Bessemer and the Republicans Gather in a Hockey Rink

The Birmingham police, who seem to kill about one mentally ill person a year recently, have done it once again. That may sound harsh, and they claim the gun went off accidentally, but the man only weighed about 120 pounds. Shot and Killed


Unrelated to that, last year three badly decomposed bodies were found near Lakeshore Drive in Bessemer. Last week, a badly decomposed body was found out Morgan Road, near I-459. So I understand Bobby’s apprehension when driving from Lakeshore to the house yesterday, he saw on the side of the road what appeared to be a stained sheet wrapped around a form of some kind. Deciding to be CSI Bessemer, he came and got me and the camera and back we went. As we approached my apprehension increased also. We pulled alongside so that I could look down from my window. It was a body alright, badly decomposed with maggots and odors. Bones were visible, obvious a hip bone and ribs and what looked like metatarsals. Lots of hair, though, in the mix, and I think it was a large (LARGE) dog. I called the police anyway (non emergency number) and the person who answered did not seem to be concerned. I told her there was a badly decomposed body wrapped in a sheet by the side of the road, that it could be a dog, but it might not be. She said she would notify the Street Department about it, thank you. I didn’t even take a picture (be glad), but I will go back and see if the street department (or coroner) has come by.

Here’s an update about the (human) body found last week that I mentioned above. Remember the recent home invasion in Lipscomb? Those four guys are now charged in the murder of the young woman. Violent Suspects

With such depressing news it seems only natural to segue into the Republican Presidential Candidate Debate last night. Since I wrote about faith yesterday, I guess it’s OK to say “Lord help us”…if any of these men get elected to the presidency. The country club elite gathered in a New Hampshire hockey rink (the Dems were in the same place Tuesday)as a thunderstorm brewed outside. The highlight of the evening was when Rudy began to explain his position on abortion and lightning struck the facility and messed with the hockey rink's sound system. "Look, for someone who went to parochial schools all his life, this is a very frightening thing that's happening right now," he said, to laughter.

Other than Ron Paul the candidates were stumbling over each other trying to appear more hawkish, more immigrant hating, and more anti-gay than the other. Stark, stark contrast to the democrats the other night. All the democrats want us out of the war. All the republicans, except RP, want to surge ahead, and maybe invade some other countries. All the democrats want to end don't ask don't tell. All the republicans believe the policy is working well (in spite of the fact that we are in need of Arab speaking translators because several have been kicked out of the service because they are gay. We are occupying an Arab speaking foreign country after all). The republicans all think that big business controlling health care is a good thing, all the democrats want to reform health care and make it more affordable for all, and to make sure it is available to all. McCain was right on immigration, the current bill is not pefect, and it is the result of compromise, but at least it is a start. By the way, Harry Reid, the Senate majority leader, is going to try to end debate on the bill tomorrow, so that might be interesting.

Here is one suggestion that I think we can all agree on. Let's just go ahead and vote today, and spare ourselves the next year or so of primary and general elections.

Dems Discuss Faith

Hollyhocks on the farm.

With all the talk of religion and faith between the media and the presidential candidates I am beginning to wonder if we should be anticipating three puffs of smoke coming from the Supreme Court building when they elect our next pope…uh, president.

No, really I think this is good. Although I agree with John Edwards who said the United States should not be called a Christian nation, we can certainly be called a spiritual nation. For the past 6 years or more religion and spirituality has been framed around war and good v. evil and us v. them, and people are judged as righteous or sinful by nothing more than their beliefs about same sex marriage or women’s choice. For instance, the Roman Catholic Church speaks of denying sacraments to candidates who support choice. They also deny communion on a regular basis to homosexuals. Let me throw this in here too. The Roman Catholic Church is against non-celibate homosexuals and denies sacraments based on this. The Roman Catholic Church is against the war but offers sacraments to the soldiers who are participating, even to those who have killed. Is there something wrong here? I’m not saying to deny sacraments to soldiers, I’m saying that Jesus offers himself to all, and the sacraments should be offered to all.

Back to the subject at hand. Now the democrats are talking about faith. Now they are talking about Christian values: values such as protecting the planet and the environment, values such as taking care of the poor, values such as not leaving children behind after they are born. Not to mention things like invading and occupying nations and torture.

Anyway, this is something Howard Dean brought up when he spoke here recently. Even evangelicals are beginning to understand that while they may disagree on some things with the democratic candidates, they do agree on other pressing concerns such as climate change and poverty.

Edwards and Hillary both scored points in yesterday’s forum where along with Barack Obama they spoke and answered questions in an event sponsored by Sojourners/Call to Renewal evangelical organization. Then later on CNN most of the other democrat candidates were questioned by Paula Zahn on faith issues, and every one of them did a good job of explaining their faith and how they reconcile their political beliefs with their religious beliefs. I think they were all Catholic, by the way…Richardson, Biden, Dodd and Kucinich.

Apparently it’s difficult for some democrats to talk about faith because to them it is such a personal issue, and several have said they are suspicious of those who wear their faith on their sleeve. But they realize it is necessary for them to reclaim their spiritual edge if they are to be successful in 2008.

This week and this month we are celebrating gay pride. More on that later this week.