The Bobcat Nation

should he or shouldn't Arnold do this? Wouldn't gain him votes anywhere other than Hollywood. I doubt he will.

Circuit Court Denies Tookie Stay of Execution

Monday, December 12, 2005



SAN FRANCISCO — The fate of Stanley 'Tookie' Williams rested Monday in the hands of California Gov. Arnold Schwarzenegger, after a last-ditch federal appeal to stay his execution failed.

Schwarzenegger could decide to grant clemency to the convicted murderer and former Crips gang leader sentenced to die at one minute past midnight.

Lawyers for Williams asked the 9th U.S. Circuit Court of Appeals Monday to block his looming execution, scheduled for 12:01 a.m. Tuesday by lethal injection, but the court rejected their request.

The California Supreme Court late Sunday refused to grant a stay of execution for Williams, the former gang leader who became an outspoken critic of gang violence.

Supporters also made another pitch directly to the governor Sunday to spare his life, telling Schwarzenegger in a letter that they had a new witness who could help prove Williams' innocence.

"All we need now is time to investigate to make sure this story is real," said NAACP California President Alice Huffman. "We're hoping and praying for clemency, but we're not going to leave any stone unturned."

Williams, 51, was condemned for the slaying of a man during a robbery in February 1979 and the deaths of a couple and their daughter at a South Los Angeles motel the following month.

Schwarzenegger said last week that he was agonizing over Williams' request for clemency.

Prosecutors and family members of the victims have urged him to deny the request, in part because Williams continues to deny guilt in the slayings.

Williams' supporters say he has redeemed himself by speaking out against violence and writing children's books on the evils of gang life.

During his 24 years at San Quentin, the Crips street gang founder turned his life around to the point that a Swiss legislator, college professors and others repeatedly submitted his name for Nobel peace and literature prizes.

His supporters, an outspoken group ranging from community leaders to actors and rappers, have held rallies in his support and argue that executing Williams would send the wrong message.

He denies committing the murders but has apologized for founding the Crips, a gang prosecutors blamed for thousands of murders in Los Angeles and beyond.

No clemency request has been granted in California since 1967, when Ronald Reagan spared a mentally ill killer.

The state Supreme Court ruled 6-0 against staying Williams' execution, saying his last-minute appeal lacked merit and was untimely. Deputy Attorney General Lisa Brault had implored the justices early Sunday to dismiss the petition, writing that it "is without merit and is manifestly designed for delay."

The justices earlier had denied a defense request to reopen the case over allegations that shoddy forensics linked a weapon used in three of the murders to a shotgun registered to Williams.

In the defense request for a stay of execution, attorney Verna Wefald had argued that Los Angeles County prosecutors failed to disclose at trial that witness Alfred Coward was not a U.S. citizen and that he had a violent criminal history. Coward is now in prison in Canada for the murder of a man during a robbery.

"All of the witnesses who implicated Williams were criminals who were given significant incentives to testify against him and ongoing benefits for their testimony," Wefald wrote.

The California Supreme Court, a federal district court judge in Los Angeles, the 9th U.S. Circuit Court of Appeals and the U.S. Supreme Court have all upheld his convictions.

Williams would be the 12th inmate executed by the state since California reinstated the death penalty in 1977.

On what was potentially his last day alive Monday, Williams spent the morning in the prison's special visiting room with his legal team, supporters and friends, San Quentin spokesman Vernell Crittendon told FOX News. Among his visitors were the Rev. Jesse Jackson.

Crittendon said Williams has been quiet and cooperative and will be moved into a special holding cell adjacent to the execution chamber at 6 p.m. PST, where he will be served his last meal if he wants one at about 7:30 PST.

The 5,500 other inmates at the prison have been under modified lockdown since just after midnight PST Monday, according to Crittendon, and will go into full lockdown at 2 p.m. PST — meaning they must stay in their cells at all times. They'll remain that way until normal operations resume at San Quentin at approximately 9 a.m. Tuesday.

The Associated Press contributed to this report.

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what a tough case. in my opinion a lot of the pressure on arnold is from the victims families. he should care less about protesters other than the ones directly involved in the deaths. i guess, because i am not a supporter of the death penalty i'd challenge these family members to look at the big picture. dead, there is no way this man could ever do good again. alive, although in prison until he dies, he is capable of doing good things. what matters is that if he is guilty, he never be allowed to hurt or kill again. and life in prison would ensure this. so, while i'm sure that these victims families want nothing more than him to die, i think that it should be a matter of justice, and not revenge. as far as i'm concerned justice is always serve with life in prison. and in cases such as these where the person is trying to do positive things for his community, i'd like to see him spared. just my opinion and i hope i don't offend anyone as i was just trying to give my perspective on a very touchy subject.

whitetrashgriz wrote:what a tough case. in my opinion a lot of the pressure on arnold is from the victims families. he should care less about protesters other than the ones directly involved in the deaths. i guess, because i am not a supporter of the death penalty i'd challenge these family members to look at the big picture. dead, there is no way this man could ever do good again. alive, although in prison until he dies, he is capable of doing good things. what matters is that if he is guilty, he never be allowed to hurt or kill again. and life in prison would ensure this. so, while i'm sure that these victims families want nothing more than him to die, i think that it should be a matter of justice, and not revenge. as far as i'm concerned justice is always serve with life in prison. and in cases such as these where the person is trying to do positive things for his community, i'd like to see him spared. just my opinion and i hope i don't offend anyone as i was just trying to give my perspective on a very touchy subject.

Well said, wtg. I'd hate to be in Arnold's shoes right now -- not a fun decision to make either way.

Looks like his sentence will be carried out with no clemency.

I think Arnold made the right decision.

This man was responsible for starting one of the largest and most violent gangs in this country. He did a lot of evil and bad before he "changed."

ChiOCat wrote:I think Arnold made the right decision.

This man was responsible for starting one of the largest and most violent gangs in this country. He did a lot of evil and bad before he "changed."

A hard call to make. I'm glad for his conversion, but feel that it is right that justice play out. There are worse things than death for those who are right with God. I pray he is.

ChiOCat wrote:I think Arnold made the right decision.

This man was responsible for starting one of the largest and most violent gangs in this country. He did a lot of evil and bad before he "changed."

on that same note, that is not what he was found guilty of. i am obviously not defending him, but he was found guilty for the murder of four people. i pray that the jury didn't take his previous gang activity into account when they made their decision. let's not forget, he was a "co-founder", and his partner in crime is free in society, and trying to do good things with his life. we could just as easily sentence him to death so justice is served in the deaths of tens of thousands of people that was gang related.

catsrback76 wrote:

ChiOCat wrote:I think Arnold made the right decision.

This man was responsible for starting one of the largest and most violent gangs in this country. He did a lot of evil and bad before he "changed."

A hard call to make. I'm glad for his conversion, but feel that it is right that justice play out. There are worse things than death for those who are right with God. I pray he is.

Honestly i think it is the rigtht decision
this guy was responsible for the murder 4 people 25 years ago
the only question would be is why did he sit so long on death row

Hell's Bells wrote:Honestly i think it is the rigtht decision
this guy was responsible for the murder 4 people 25 years ago
the only question would be is why did he sit so long on death row

I agree. What he did was unexcuseable, and he was 100% guilty (i.e., not wrongfully charged). IMHO, if a person considers someones life to be so worthless as to end it, their life should be ended as well.

Agreed - the only injustice is the 25 years between being found guilty and finally executed.

I've read a little bit about this story, and I haven't found anywhere Williams admitted any wrong doing. Did he maintain he was innocent of the murders, or did I just miss that? Also, if he did admit his guilt, I don't remember seeing any sort of apology to the family members.

http://en.wikipedia.org/wiki/Stanley_Williams

some highlights then the article:

1) if he would have reformed he would have renounced his gang membership...
2) see #1
3) would have helped police with gang associated violence...

Stanley Tookie Williams III (December 29, 1953 – December 13, 2005) was the co-founder, with Raymond Washington, of the widely known and notorious Crips street gangs. In 1981, he was convicted and sentenced to death for the 1979 murders of four people in two separate incidents. Williams later became an anti-gang activist while on Death Row in California, renouncing his gang affiliation and apologizing for the Crips' founding. He co-authored children's books and began programs to prevent youth from joining gangs. He did not apologize for the crimes for which he was convicted, but continued to proclaim his innocence. Throughout his time in prison, Williams refused to aid police investigations with any information against his gang. He was also involved in attacks on guards and other inmates as well as multiple escape plots. A 2004 biographical feature film entitled Redemption: The Stan Tookie Williams Story featured Jamie Foxx as Williams.

Williams was executed by lethal injection at San Quentin State Prison, California, on December 13, 2005; he was declared dead at 12:35 a.m. PST (08:35 UTC). Williams was the 12th person executed by the state since California reinstated the death penalty in 1977

Early life
Born to a 17-year-old mother in New Orleans, Louisiana, Williams grew up in the impoverished South Central Los Angeles neighborhood, where he made a name for himself for being a fighter and a "general" on the streets of South Central's West Side. People sometimes mistakenly believe that "Tookie" is a nickname, but it is in fact his given middle name, which was shared by Williams and his father, Stanley T. Williams Jr.

[edit]
Formation of the Crips
The eastern side Crips were formed by Raymond "Truck" Washington in 1969. Williams joined Washington in 1971, forming the west side Crips. According to many of the original members of the gang, it was initially started as a means to keep the streets safe, reducing violence and police brutality. Williams said "we started out—at least my intent was to, in a sense—address all of the so-called neighboring gangs in the area and to put, in a sense—I thought I can cleanse the neighborhood of all these, you know, marauding gangs. But I was totally wrong. And eventually, we morphed into the monster we were addressing."[1] According to one version, the original name of the gang was the word Cribs from the first name of the gang, the Avenue Babies, and a reference to their youthfulness. The name Crips was first introduced in the Los Angeles Sentinel in a description by crime victims of young men with canes, as if they were crippled. The name stuck.

Williams was convicted of murdering Albert Owens, and murdering Tsai-Shai Yang, Yen-I Yang, and Yee Chen Lin during the course of two separate robberies in 1979. Williams always maintained his innocence, though subsequent court reviews concluded that there was no compelling reason to grant a retrial.[2]

[edit]
Conviction
From the beginning of his sentence, Williams maintained his innocence regarding the four murders, alleging prosecutorial misconduct, exclusion of exculpatory evidence, ineffective assistance of counsel, biased jury selection, and the misuse of jailhouse and government informants.[3] Williams claimed that the police found "not a shred of tangible evidence, no fingerprints, no crime scenes of bloody boot prints. They didn't match my boots, nor eyewitnesses. Even the shotgun shells found conveniently at each crime scene didn't match the shotgun shells that I owned." However, the prosecution's firearms expert, a sheriff's deputy, testified during trial that the shotgun shell recovered from the Yang murder crime scene matched test shells from the shotgun owned by Stanley Williams. No second examiner verified his findings. The Defense claims this expert's methodology was "junk science at best." [4]

Williams' gun was found in the home of a couple with whom he had been living. According to the District Attorney, the husband was undergoing sentencing for receiving stolen property and tried for extortion. Williams' lawyers have claimed that the District Attorney quashed a murder investigation in exchange for their testimony. The two shells recovered from the Owens crime scene were consistent with shells fired from this gun, with no exclusionary markings.[5]

Critics point to the fact that although he apologized for and renounced gangs and the founding of the Crips, Williams never renounced his gang membership, and allegedly continued to associate with Crips members in prison. When contacted about Williams' alleged ongoing gang activity, Los Angeles Police Department spokeswoman April Harding said there was no evidence of his gang leadership. Opponents also pointed out that he received a significant amount of money from outside sources. People who appreciate Williams' work sent him money, "It's as simple as that," said Williams' spokeswoman Barbara Becnel. [6]

The prosecution removed three African-Americans from serving as jurors in Williams' trial. Williams' lawyers claimed that he was convicted by a jury that had no African-Americans, one Latino, one Filipino-American, and "ten Caucasians". [7] The District Attorney provided proof, however, in the form of a death certificate and the sworn affidavit of another juror, that juror #12, William James McLurkin, was black. [8] The defense responded that, contrary to the sworn affidavit, McLurkin did not appear black. They maintain that the trial record indicates that none of the lawyers -- and particularly the prosecutor -- thought Mr. McLurkin was black. McLurkin's driver's license photo and the fact that both he and his mother were born in the Phillipines was presented as additional evidence in a November 2005 petition for clemency. The defense, however, has neither stated whether or not his mother was actually Filipino, nor refuted the evidence that McLurkin was black. [9]

According to the clemency petition, in his closing arguments, Martin described Williams as a "Bengal tiger in captivity in a zoo" and said that the jury needed to imagine him in his natural "habitat" which was like "going into the back country, into the hinterlands." In a radio interview, Martin stated that the analogy was not meant to be racial, and instead was a metaphor to the fact that Williams appeared in court dressed in business attire much like an animal in a zoo appears more docile than it would be in the wild.

According to Williams' defense attorneys, in two subsequent cases, District Attorney Robert Martin was censured by the California State Supreme Court for using race as a criterion in jury selection and had two murder convictions overturned on those grounds

As inmate CDC# C29300 [11] Williams spent 6 1/2 years in solitary confinement in the late 1980s [12] for multiple assaults on guards and fellow inmates. [13] Prison officials say he had not had an infraction since 1993. Though the prison guards noted that he still remained a member of the Crips gang, "The violations are usually involving batteries on inmates, batteries on staff. But we have also received information that has identified him as an active member of the Crips," Crittendon said.

"The particular set is known as the Blue Note Crips, and that information we have received since his arrival here in April 1981 and as recent as June of 2000," Crittendon said." [14]

In 1988, Williams was stabbed by Tiequon Aundray Cox (aka Lil Fee), a Rolling 60s Crips member, and fellow death row inmate

Anti-Gang Crusade
After being released from solitary confinement, Williams gained world-wide attention and praise for his work in prison, including the publication of children's books advocating non-violence and alternatives to gangs, an autobiography, and a Hollywood movie honoring him, starring Jamie Foxx (Redemption). In 1997, Williams wrote an apology, posted on his website, for his role in creating the Crips.[15] In 2004, he helped broker a peace agreement (called the Tookie Protocol For Peace) for what had been one of the deadliest and infamous gang wars in the country, between the Bloods and the Crips, in both the state of California and the city of Newark, New Jersey. Williams received a letter from President George W. Bush commending him for his social activism.[16] While the letter is cited by activists seeking to free Williams, 267,000 "Call To Service Awards" were sent out. Williams' award was nominated by a minister from West Monroe, Louisiana, named William A. Harrison.[17]

In 2002, Williams appeared before a three-judge panel on the U.S. 9th Circuit Court of Appeals. The panel upheld his conviction, but in a rare move urged then-Governor Gray Davis to consider commuting the death sentence. The judges praised Williams for his "laudable efforts opposing gang violence" and his "good works and accomplishments since incarceration".

[edit]
Nobel Prize nominations
Williams was reportedly nominated for the Nobel Peace Prize every year from 2001 to 2005; nominations came from Mario Fehr, a member of the Swiss Parliament [18]; four times by Notre Dame de Namur University Philosophy and Religion Professor Phil Gasper [19]; William Keach, a Brown University Professor of English Literature, nominated Williams for the Nobel Prize in Literature.[20] Williams' critics have argued that these nominations were irrelevant to his case, as anyone can be nominated for the prize by an eligible party; there is no "pre-selection" process for the nomination. Williams did not win the prize.

[edit]
Clemency petition and final legal challenges
In late 2005, there was a campaign to persuade the Governor of California, Arnold Schwarzenegger, to grant clemency for Williams in consideration of his work as an anti-gang activist and various commendations over the past decade. Schwarzenegger described the decision whether to grant clemency as "the toughest thing when you are governor, dealing with someone's life."

The Los Angeles Police Department, the Los Angeles County District Attorney, and other law enforcement doubt that Williams had reformed, saying that he refused to divulge information on other gang members, or debrief officials on the tactics and communication methods that gangs use. Williams said he didn't want to be a "snitch." [21]

Many citizens gathered signatures to grant Williams clemency. Over 68,000 people signed online petitions calling for Schwarzenegger to commute the death sentence. Others who campaigned against the execution included celebrities Jamie Foxx, Snoop Dogg, Elliott Gould, Danny Glover, Laurence Fishburne, Ted Danson, William Baldwin, Bob Saget, Mike Farrell, Harry Belafonte, Jessica Simpson, Edward Asner, Jackson Browne, Russell Crowe, Richard Dreyfuss, Nick Carter, Gabriel Byrne, Bianca Jagger; Judge Greg Mathis; politicians Tom Hayden, Mario Cuomo, and Bill Rosendahl; Nobel laureates Desmond Tutu, Mairead Corrigan Maguire; and the Reverend Jesse Jackson.

On November 30, 2005, the California Supreme Court refused to reopen his case in a 4-2 decision [22]. Williams' lawyer Jonathan Harris said he planned to present his case before Governor Schwarzenegger at a December 8, 2005 clemency hearing to commute Williams' sentence to life in prison without parole [23].

In mid-November 2005, talk show hosts John and Ken of the John and Ken Show on Clear Channel's KFI AM 640 in Los Angeles, California started a "Tookie Must Die (For Killing Four Innocent People)" hour on their show from 5-6 pm until the execution of Williams. In the hour, they interviewed advocates of both sides of the issue and expressed their reasons why they supported the execution. Their opinions offended some individuals, prompting them to file a complaint with the Federal Communications Commission.

On December 8, 2005, a clemency hearing was held before Governor of California Arnold Schwarzenegger, with Williams' attorneys arguing for, and the District Attorney for the County of Los Angeles arguing against clemency, respectively. The one-hour, closed-door meeting took place as an ever-growing crowd consisting of Williams' supporters as well as capital punishment proponents congregated outside the Capitol in Sacramento.

On December 8, 2005, Lora Owens, whose stepson, Albert, was killed by Williams during a convenience store robbery, made a statement expressing her opinion of Stanley Williams: "I think he [Williams] is the same cold-blooded killer that he was then and he would be now if he had the opportunity again." [24]

On December 9, 2005, Linda Owens, Albert Owens' widow, issued a statement in support of Williams’ efforts to bring an end to gang violence and his call for peace between gangs. "I, Linda Owens want to build upon Mr. Williams' peace initiative. I invite Mr. Williams to join me in sending a message to all communities that we should all unite in peace. This position of peace would honor my husband's memory and Mr. Williams work." [25]

On December 11, 2005, the California Supreme Court refused to grant a stay of execution for Williams. Supporters of Williams also made another plea directly to Governor Arnold Schwarzenegger to stay the execution. [26]

On December 12, 2005, Schwarzenegger denied clemency for Williams. In his denial, Schwarzenegger cited the following:

"The possible irregularities in Williams’ trial have been thoroughly and carefully reviewed by the courts, and there is no reason to disturb the judicial decisions that uphold the jury’s decisions that he is guilty of these four murders and should pay with his life";
The basis of his request for clemency is the "personal redemption Stanley Williams has experienced and the positive impact of the message he sends" yet "it is impossible to separate Williams' claim of innocence from his claim of redemption";
"Cumulatively, the evidence demonstrating Williams is guilty of these murders is strong and compelling";..."there is no reason to second-guess the jury's decision of guilt";
A "close look at his post-arrest and post-conviction conduct tells a story different from redemption";
Williams had written books that instruct readers to avoid the gang lifestyle and to stay out of prison.... From 1995 he "tried to preach a message of gang avoidance and peacemaking.... "It is hard to assess the effect of such efforts in concrete terms, but the continued pervasiveness of gang violence leads one to question the efficacy of Williams' message";
The dedication of Williams' book Life in Prison casts significant doubt on his personal redemption...the mix of individuals on [the dedication] list is curious"..."but the inclusion of George Jackson on the list defies reason and is a significant indicator that Williams is not reformed.
Schwarzenegger summarized by basing his denial of clemency on the "totality of circumstances" (Summary, Details in PDF format)