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Thread: The Worst Death Sentence EVER?

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    Veteran Member Madeline's Avatar
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    The Worst Death Sentence EVER?



    On Tuesday, September 26, 2017, the state of Georgia will execute Keith Tharpe, unless the SCOTUS or the governor of the state of Georgia intervenes.

    Here are some of the aspects of this case that upset me the most:

    1. Tharpe's jury included at least one man who is a notorious racist. Tharpe, who is black, was sentenced to death by a unanimous jury. Among the jurors was a white man named Barney Gattie, who gave Tharpe's appeals lawyer an affidavit in which he said, among other things, that he questioned whether black people have souls. This clearly violated Tharpe's 6th amendment right to an impartial jury, and yet has not been the basis of a successful appeal to any Georgia state court or to the federal court for the 11th district.

    The SCOTUS is not likely to save Tharpe's life. In 2016, it permitted the execution of Kenneth Fults, in which one juror deciding that case, Thomas Buffington, said in a sworn 2005 affidavit: “I don’t know if he [Kenneth Fults] killed anybody,” but the death penalty is “what that ****** deserved.” He was executed nonetheless.

    Seems as if the SCOTUS has decided that the 6th amendment does not protect black Americans.

    2. Tharpe was so poor, he had trouble avoiding starvation as a child. His trial lawyer is described by Time magazine as "horrifyingly uninformed and unconcerned legal representation".

    3. Tharpe is intellectually disabled, with an IQ of only 74. This places him in the lowest 1% of American adults, arrayed by IQ. Since the 2002 SCOTUS decision Atkins v. Virginia, the states no longer have the power to execute the mentally disabled, but the description of such people is those with an IQ of 70 and below.

    Tharpe, who is so intellectually challenged that independent living is not viable, cannot be protected with other mentally disabled people because some scientist or doctor or social worker ranked him 4 points above the cut off for safety.

    HITH is this a defensible choice, in any civilized society?

    4. On no metric is the murder Tharpe was convicted of among "the worst of the worst". After repeatedly harassing his ex-wife and her family, on September 25, 1990, he used his car to force the vehicle she was traveling in off the road. He shot the driver, his sister-in-law, to death, then kidnapped and raped his ex-wife. The murder was death-qualified under Georgia law, but we all know, this is not an especially heinous killing.

    5. Georgia had the second-most recorded lynchings in American history, and has had a strikingly terrible record of executing black Americans since WW II.

    *Snip*

    As lynchings decreased, legal executions increased. Meanwhile, as civil rights leader Bryan Stevenson recently wrote: “Many defendants of the era learned that the prospect of being executed rather than lynched did little to introduce fairness to the outcome.” Two-thirds of those executed in the 1930s were black. As African Americans fell to 22% of the South’s population by 1950, they made up 75% of the executions. And today — 2017 — even though African Americans make up only 13% of the nation’s population, 43% of death row is black, and 35% of those executed since 1976 have been black.

    *Snip*

    Last year, Georgia had more executions than any state in America — and alone constituted almost half of the executions in the whole country in 2016. It’s also true that Georgia had the second-most lynchings in the country from 1877–1950, with 589 documented cases. The legacy of slavery remains intact.

    *Snip*
    The Georgia State Supreme Court opinion affirming Tharpe's death sentence illustrates just how far the state is permitted to go in pursuing the execution of a black defendant for racist reasons.

    Keith Leroy Tharpe | Murderpedia, the encyclopedia of murderers

    Last year, SCOTUS decided that a death sentence may be attacked on the grounds that the jury deliberations were tainted by racism. Pena-Rodriguez v. Colorado, 2016. But it is difficult to reconcile the Pena-Rodriguez opinion with the SCOTUS' decision to refuse to hear the appeal on behalf of Kenneth Fults.

    https://www.theatlantic.com/politics...eorgia/477969/

    *Snip*

    In the racially charged case of Pena-Rodriguez v. Colorado, the Court made a strong statement that when clear evidence of racial bias during jury deliberations emerges after the trial, the right to a fair trial overrides state rules protecting juries from review. This is the case for Tharpe. Georgia law prohibits courts from admitting or considering juror testimony that would “impeach” the verdict. It doesn’t care if there is clear evidence that jurors are racist if such evidence would undermine the verdict and require a new trial — even if those jurors question if black people have souls.

    *Snip*
    A Black Man Convicted By a Racist Juror Will Be Executed | Time.com

    Keith Tharpe is not about to be executed because of the murder he committed. He is about to be executed because his crime occurred in Georgia, and he is black, poor and mentally disabled. In 1997, SCOTUS ruled that the death penalty must not be applied on the grounds of who the defendant is, rather than what he has done. Buck v. Texas, 1997.

    Yet no one is following this rule -- not even the SCOTUS itself. This despicable outcome is so unjust and so revolting, there cannot be a defender of it by anyone who accepts at least rudimentary human rights should be secured to every American by their government.

    What shocks our conscience, in this country? How deep must a racist injury be, to move ordinary citizens to act?

    I feel sick to my stomach, having read about this case.

    Your thoughts?

    Last edited by Madeline; 23rd September 2017 at 01:45 AM.

  2. #2
    Veteran Member Madeline's Avatar
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    To our usual chorus of "killers' lives don't matter": don't come to this thread, chirping your usual bullshit that the rights of killers are so meaningless, executing them for racist reasons is as good as actual justice.

    We both know, it is justice denied -- denied to blacks, for whom you give no fucks.

    If you piss your usually stream of racist drivel on this thread, I WILL report you to the Mod Squad. I am in no mood to tolerate that horseshit today.

    Tharpe has less than 72 hours to live. Show some fucking restraint.



    You know who you are, boys....and so does the Mod Squad.

  3. #3
    Veteran Member Madeline's Avatar
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    Junior Member Maxwell Edison's Avatar
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    4. On no metric is the murder Tharpe was convicted of among "the worst of the worst". After repeatedly harassing his ex-wife and her family, on September 25, 1990, he used his car to force the vehicle she was traveling in off the road. He shot the driver, his sister-in-law, to death, then kidnapped and raped his ex-wife. The murder was death-qualified under Georgia law, but we all know, this is not an especially heinous killing.

    We do? Who is this WE shit?

    Off with his head!
    Thanks from John T Ford and Otto Throttle

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    Veteran Member John T Ford's Avatar
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    Quote Originally Posted by Maxwell Edison View Post
    4. On no metric is the murder Tharpe was convicted of among "the worst of the worst". After repeatedly harassing his ex-wife and her family, on September 25, 1990, he used his car to force the vehicle she was traveling in off the road. He shot the driver, his sister-in-law, to death, then kidnapped and raped his ex-wife. The murder was death-qualified under Georgia law, but we all know, this is not an especially heinous killing.

    We do? Who is this WE shit?

    Off with his head!
    It's shocking anyone would defend this monster.

    Allow the families of the victims to have justice.

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    Galactic Ruler Spookycolt's Avatar
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    Murder and rape and people want this piece of shit alive?

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    Veteran Member John T Ford's Avatar
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    Quote Originally Posted by Spookycolt View Post
    Murder and rape and people want this piece of shit alive?
    And, deny justice for the families of the victims.

    Go Figure.

  8. #8
    Established Member soupnazi's Avatar
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    Quote Originally Posted by Madeline View Post


    On Tuesday, September 26, 2017, the state of Georgia will execute Keith Tharpe, unless the SCOTUS or the governor of the state of Georgia intervenes.

    Here are some of the aspects of this case that upset me the most:

    1. Tharpe's jury included at least one man who is a notorious racist. Tharpe, who is black, was sentenced to death by a unanimous jury. Among the jurors was a white man named Barney Gattie, who gave Tharpe's appeals lawyer an affidavit in which he said, among other things, that he questioned whether black people have souls. This clearly violated Tharpe's 6th amendment right to an impartial jury, and yet has not been the basis of a successful appeal to any Georgia state court or to the federal court for the 11th district.

    The SCOTUS is not likely to save Tharpe's life. In 2016, it permitted the execution of Kenneth Fults, in which one juror deciding that case, Thomas Buffington, said in a sworn 2005 affidavit: “I don’t know if he [Kenneth Fults] killed anybody,” but the death penalty is “what that ****** deserved.” He was executed nonetheless.

    Seems as if the SCOTUS has decided that the 6th amendment does not protect black Americans.

    2. Tharpe was so poor, he had trouble avoiding starvation as a child. His trial lawyer is described by Time magazine as "horrifyingly uninformed and unconcerned legal representation".

    3. Tharpe is intellectually disabled, with an IQ of only 74. This places him in the lowest 1% of American adults, arrayed by IQ. Since the 2002 SCOTUS decision Atkins v. Virginia, the states no longer have the power to execute the mentally disabled, but the description of such people is those with an IQ of 70 and below.

    Tharpe, who is so intellectually challenged that independent living is not viable, cannot be protected with other mentally disabled people because some scientist or doctor or social worker ranked him 4 points above the cut off for safety.

    HITH is this a defensible choice, in any civilized society?

    4. On no metric is the murder Tharpe was convicted of among "the worst of the worst". After repeatedly harassing his ex-wife and her family, on September 25, 1990, he used his car to force the vehicle she was traveling in off the road. He shot the driver, his sister-in-law, to death, then kidnapped and raped his ex-wife. The murder was death-qualified under Georgia law, but we all know, this is not an especially heinous killing.

    5. Georgia had the second-most recorded lynchings in American history, and has had a strikingly terrible record of executing black Americans since WW II.



    The Georgia State Supreme Court opinion affirming Tharpe's death sentence illustrates just how far the state is permitted to go in pursuing the execution of a black defendant for racist reasons.

    Keith Leroy Tharpe | Murderpedia, the encyclopedia of murderers

    Last year, SCOTUS decided that a death sentence may be attacked on the grounds that the jury deliberations were tainted by racism. Pena-Rodriguez v. Colorado, 2016. But it is difficult to reconcile the Pena-Rodriguez opinion with the SCOTUS' decision to refuse to hear the appeal on behalf of Kenneth Fults.

    https://www.theatlantic.com/politics...eorgia/477969/



    A Black Man Convicted By a Racist Juror Will Be Executed | Time.com

    Keith Tharpe is not about to be executed because of the murder he committed. He is about to be executed because his crime occurred in Georgia, and he is black, poor and mentally disabled. In 1997, SCOTUS ruled that the death penalty must not be applied on the grounds of who the defendant is, rather than what he has done. Buck v. Texas, 1997.

    Yet no one is following this rule -- not even the SCOTUS itself. This despicable outcome is so unjust and so revolting, there cannot be a defender of it by anyone who accepts at least rudimentary human rights should be secured to every American by their government.

    What shocks our conscience, in this country? How deep must a racist injury be, to move ordinary citizens to act?

    I feel sick to my stomach, having read about this case.

    Your thoughts?

    Conspicuously absent from your Op is any evidence which would exonerate him. In fact no where does it even question of challenge the evidence to convict him.

    The argument is that he had 1 known racist juror. Yes but did he commit the crime or is there reason to believe he did not?

    His crime was not the most heinous or ghastly crime of it's type to have been committed. Yes but did he commit it or is there reason to believe he did not?

    One racist juror out of 12 jurors does not = he is being executed for racist reasons or even because of who he is.

    Massive fail
    Thanks from John T Ford and Bronwyn

  9. #9
    Veteran Member Madeline's Avatar
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    Quote Originally Posted by Maxwell Edison View Post
    4. On no metric is the murder Tharpe was convicted of among "the worst of the worst". After repeatedly harassing his ex-wife and her family, on September 25, 1990, he used his car to force the vehicle she was traveling in off the road. He shot the driver, his sister-in-law, to death, then kidnapped and raped his ex-wife. The murder was death-qualified under Georgia law, but we all know, this is not an especially heinous killing.

    We do? Who is this WE shit?

    Off with his head!
    IMO, the death penalty serves a legitimate social purpose: eliminating from our society, including our prison populations, the "worst of the worst". PLENTY of Americans are given LWOP or even lower sentences for crimes that are far more heinous than the one Tharpe committed.

    Even in Georgia.

    And those choices are far too heavily dictated by the killer's race.

  10. #10
    Veteran Member Madeline's Avatar
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    Quote Originally Posted by John T Ford View Post
    It's shocking anyone would defend this monster.

    Allow the families of the victims to have justice.
    Bullshit. You and I have not debated the death penalty before that I can recall, but you have never advocated for a system in which EVERYONE convicted of 1st degree murder MUST be executed. I doubt that you are doing so now.

    Although, if you were, you would at least be advocating for a system that is much more fair than the one we have now.

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