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	<title>Comments on: It&#8217;s Never too Late to Repent, John and Johnny</title>
	<atom:link href="http://blog.bennettandbennett.com/2009/09/its-never-too-late-to-repent-john-and-johnny.html/feed" rel="self" type="application/rss+xml" />
	<link>http://blog.bennettandbennett.com/2009/09/its-never-too-late-to-repent-john-and-johnny.html</link>
	<description>the tao of criminal-defense trial lawyering</description>
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		<title>By: Michael</title>
		<link>http://blog.bennettandbennett.com/2009/09/its-never-too-late-to-repent-john-and-johnny.html/comment-page-1#comment-9989</link>
		<dc:creator>Michael</dc:creator>
		<pubDate>Fri, 04 Sep 2009 19:33:18 +0000</pubDate>
		<guid isPermaLink="false">http://bennettandbennett.com/blog/2009/09/its-never-too-late-to-repent-john-and-johnny.html#comment-9989</guid>
		<description>I take it you didn&#039;t try the Willingham case?</description>
		<content:encoded><![CDATA[<p>I take it you didn&#8217;t try the Willingham case?</p>
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		<title>By: jigmeister</title>
		<link>http://blog.bennettandbennett.com/2009/09/its-never-too-late-to-repent-john-and-johnny.html/comment-page-1#comment-9955</link>
		<dc:creator>jigmeister</dc:creator>
		<pubDate>Thu, 03 Sep 2009 03:35:14 +0000</pubDate>
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		<description>None of us was there; didn&#039;t participate in the trial, and don&#039;t know the facts.  I wouldn&#039;t give two cents for the findings of the &quot;innocence project&quot;.  Anytime there is snitch evidence it is suspect and alone shouldn&#039;t sustain a conviction.  Can&#039;t personally think of a case where it has.  As you know, I have reservations about the death penalty, though I tried many.  My reservations are practical:  costs too much, takes too long, and doesn&#039;t deter.  Life without parole provides the same protection to society.  But I will say that all those I tried that received death deserved it.</description>
		<content:encoded><![CDATA[<p>None of us was there; didn&#8217;t participate in the trial, and don&#8217;t know the facts.  I wouldn&#8217;t give two cents for the findings of the &#8220;innocence project&#8221;.  Anytime there is snitch evidence it is suspect and alone shouldn&#8217;t sustain a conviction.  Can&#8217;t personally think of a case where it has.  As you know, I have reservations about the death penalty, though I tried many.  My reservations are practical:  costs too much, takes too long, and doesn&#8217;t deter.  Life without parole provides the same protection to society.  But I will say that all those I tried that received death deserved it.</p>
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		<title>By: Defending People &#187; Criminal Liability for Judicial Murder in Texas</title>
		<link>http://blog.bennettandbennett.com/2009/09/its-never-too-late-to-repent-john-and-johnny.html/comment-page-1#comment-9953</link>
		<dc:creator>Defending People &#187; Criminal Liability for Judicial Murder in Texas</dc:creator>
		<pubDate>Thu, 03 Sep 2009 02:08:07 +0000</pubDate>
		<guid isPermaLink="false">http://bennettandbennett.com/blog/2009/09/its-never-too-late-to-repent-john-and-johnny.html#comment-9953</guid>
		<description>[...] It&#8217;s Never too Late to Repent, John and Johnny  [...]</description>
		<content:encoded><![CDATA[<p>[...] It&#8217;s Never too Late to Repent, John and Johnny  [...]</p>
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		<title>By: Michael</title>
		<link>http://blog.bennettandbennett.com/2009/09/its-never-too-late-to-repent-john-and-johnny.html/comment-page-1#comment-9952</link>
		<dc:creator>Michael</dc:creator>
		<pubDate>Thu, 03 Sep 2009 02:02:45 +0000</pubDate>
		<guid isPermaLink="false">http://bennettandbennett.com/blog/2009/09/its-never-too-late-to-repent-john-and-johnny.html#comment-9952</guid>
		<description>I believe the Dishonorable John Jackson&#039;s entire punch list is full of crap.

(1)  Willingham punched his wife in the stomach while she was pregnant with the twins.  Jackson claims this was attempted murder.  Bull.

(2)  The burns were &quot;so superficial as to suggest&quot; that Willingham injured himself?  This is &quot;overwhelming evidence&quot; of guilt?  No, this argument is so superficial to suggest that it&#039;s crap.

(3)  So there&#039;s no way Willingham could have tried to rescue his children without inhaling smoke?  Or, more accurately, without a blood-gas test showing he had smoke after the fact?  A blood test on Johnson will reflect plenty of gas.

(4)  Willingham was offered the chance to take a polygraph test and declined in &quot;the most vulgar and insulting manner&quot;?  What did he do, Joe, tell you to go screw yourself?  Because if you offered me a chance at a polygraph, that&#039;s what I would have said (or words to that effect).  It is common knowledge that polygraphs are practically worthless at their professed function.  And the idea that a judge would suggest such a refusal is indicative of guilt is an intolerable insult to my intelligence.

(5)  Willingham was a petty thug, not a psychopath waiting to happen.  He was violent toward his wife but never his children; that was the witnesses&#039; consensus.  And evidence of the other crimes has no bearing on whether he committed murder.   You know that, right?  You&#039;re a judge and fprmer prosecutor; at some point in your life you did sit for the bar exam?

(6)  How do we get to capital murder from the statement &quot;You&#039;re not the one who was supposed to die&quot;?  Isn&#039;t it just as likely that Willingham meant that he should have died?  

(7)  You already hit this; besides, both investigators who concluded the fire was arson also thought the refrigerator had nothing to do with the fire.  There were just two refrigerators in a small kitchen.

Of course, whether Johnson admits he was wrong or not won&#039;t help Willingham now.  It just may help Johnson at his sentencing hearing some day.</description>
		<content:encoded><![CDATA[<p>I believe the Dishonorable John Jackson&#8217;s entire punch list is full of crap.</p>
<p>(1)  Willingham punched his wife in the stomach while she was pregnant with the twins.  Jackson claims this was attempted murder.  Bull.</p>
<p>(2)  The burns were &#8220;so superficial as to suggest&#8221; that Willingham injured himself?  This is &#8220;overwhelming evidence&#8221; of guilt?  No, this argument is so superficial to suggest that it&#8217;s crap.</p>
<p>(3)  So there&#8217;s no way Willingham could have tried to rescue his children without inhaling smoke?  Or, more accurately, without a blood-gas test showing he had smoke after the fact?  A blood test on Johnson will reflect plenty of gas.</p>
<p>(4)  Willingham was offered the chance to take a polygraph test and declined in &#8220;the most vulgar and insulting manner&#8221;?  What did he do, Joe, tell you to go screw yourself?  Because if you offered me a chance at a polygraph, that&#8217;s what I would have said (or words to that effect).  It is common knowledge that polygraphs are practically worthless at their professed function.  And the idea that a judge would suggest such a refusal is indicative of guilt is an intolerable insult to my intelligence.</p>
<p>(5)  Willingham was a petty thug, not a psychopath waiting to happen.  He was violent toward his wife but never his children; that was the witnesses&#8217; consensus.  And evidence of the other crimes has no bearing on whether he committed murder.   You know that, right?  You&#8217;re a judge and fprmer prosecutor; at some point in your life you did sit for the bar exam?</p>
<p>(6)  How do we get to capital murder from the statement &#8220;You&#8217;re not the one who was supposed to die&#8221;?  Isn&#8217;t it just as likely that Willingham meant that he should have died?  </p>
<p>(7)  You already hit this; besides, both investigators who concluded the fire was arson also thought the refrigerator had nothing to do with the fire.  There were just two refrigerators in a small kitchen.</p>
<p>Of course, whether Johnson admits he was wrong or not won&#8217;t help Willingham now.  It just may help Johnson at his sentencing hearing some day.</p>
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		<title>By: Jeff Gamso</title>
		<link>http://blog.bennettandbennett.com/2009/09/its-never-too-late-to-repent-john-and-johnny.html/comment-page-1#comment-9951</link>
		<dc:creator>Jeff Gamso</dc:creator>
		<pubDate>Thu, 03 Sep 2009 02:00:53 +0000</pubDate>
		<guid isPermaLink="false">http://bennettandbennett.com/blog/2009/09/its-never-too-late-to-repent-john-and-johnny.html#comment-9951</guid>
		<description>BRIAN?? Gamso?  Who the hell is he?

Nice job summing it all up.  And Cyn&#039;s right, it is murder, &quot;simple murder&quot; in Harry Blackmun&#039;s words.</description>
		<content:encoded><![CDATA[<p>BRIAN?? Gamso?  Who the hell is he?</p>
<p>Nice job summing it all up.  And Cyn&#8217;s right, it is murder, &#8220;simple murder&#8221; in Harry Blackmun&#8217;s words.</p>
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		<title>By: Mark Bennett</title>
		<link>http://blog.bennettandbennett.com/2009/09/its-never-too-late-to-repent-john-and-johnny.html/comment-page-1#comment-9950</link>
		<dc:creator>Mark Bennett</dc:creator>
		<pubDate>Thu, 03 Sep 2009 01:45:11 +0000</pubDate>
		<guid isPermaLink="false">http://bennettandbennett.com/blog/2009/09/its-never-too-late-to-repent-john-and-johnny.html#comment-9950</guid>
		<description>Doh.</description>
		<content:encoded><![CDATA[<p>Doh.</p>
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		<title>By: Jeff Gamso</title>
		<link>http://blog.bennettandbennett.com/2009/09/its-never-too-late-to-repent-john-and-johnny.html/comment-page-1#comment-9949</link>
		<dc:creator>Jeff Gamso</dc:creator>
		<pubDate>Thu, 03 Sep 2009 01:38:07 +0000</pubDate>
		<guid isPermaLink="false">http://bennettandbennett.com/blog/2009/09/its-never-too-late-to-repent-john-and-johnny.html#comment-9949</guid>
		<description>BRIAN Gamso?  Who&#039;s he?

Nice job summing it all up.  And, of course, Cyn&#039;s right.  It is murder, &quot;simple murder,&quot; in Harry Blackmun&#039;s words.

So maybe it&#039;s time to paraphrase Tiny Tim. &quot;God help us, every one.&quot;</description>
		<content:encoded><![CDATA[<p>BRIAN Gamso?  Who&#8217;s he?</p>
<p>Nice job summing it all up.  And, of course, Cyn&#8217;s right.  It is murder, &#8220;simple murder,&#8221; in Harry Blackmun&#8217;s words.</p>
<p>So maybe it&#8217;s time to paraphrase Tiny Tim. &#8220;God help us, every one.&#8221;</p>
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		<title>By: Cyn</title>
		<link>http://blog.bennettandbennett.com/2009/09/its-never-too-late-to-repent-john-and-johnny.html/comment-page-1#comment-9945</link>
		<dc:creator>Cyn</dc:creator>
		<pubDate>Wed, 02 Sep 2009 22:24:09 +0000</pubDate>
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		<description>Great spot &amp; excellent work in getting the message out there.  Folks, accused people are not the only ones who lie, cheat &amp; steal, and apparently MURDER.  I&#039;m just saying. . .</description>
		<content:encoded><![CDATA[<p>Great spot &amp; excellent work in getting the message out there.  Folks, accused people are not the only ones who lie, cheat &amp; steal, and apparently MURDER.  I&#8217;m just saying. . .</p>
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