My day job is assisting individuals and small businesses as a lawyer. I taught real estate law and American history in the Dallas County Community College system. I have owned and operated private security firms and was a police officer and criminal investigator for the Dallas Police Department.
I am interested in history and historical research, music, cycling, and British mysteries and police dramas.
I welcome comments, positive, negative, or neutral, if they are respectful.
The news media today announced the death of Peggy Railey, who succumbed after almost 24 years in a persistent vegetative state. That length of time is easily a generation, so there are many adults today who are completely unaware of who Ms. Railey was, how she was so severely injured, or what the significance is or was. For the last of these, think of the recent acquittal of Casey Anthony, the decade and a half old not guilty verdict of O. J. Simpson, the 30+ year old imbroglo involving Fort Worth’s Cullen Davis, and any number of alleged perpetrators whose guilt seemed to be a forgone conclusion, but were acquitted by a jury.
Shortly after Easter in April 1987, Peggy, the wife of Walker Railey, the then Senior Pastor of the First United Methodist Church in Dallas, was found strangled nearly to death in the couple’s home. She did not die then, so it was not technically a death or legally murder, but her brain damage was so severe that Ms. Railey was left in a coma (technically a persistent vegetative state) from which she never awoke. For all purposes other than biological metabolism, she was dead. Her family was left with nothing but hope, which now is permanently unrequited. What if anything, can we learn from Peggy Railey’s hideous fate?.
Walker Railey was the obvious suspect, as spouses nearly always are in homicides where the perp is not immediately known. An investigation revealed he had the means, motive, and opportunity. But no hard evidence ever linked him to the assault on his wife. He later lost his pulpit, his ministerial credentials, and was found to be civilly liable to the tune of $18 million (which he was unable to pay) in a suit he did not contest. After nearly 5 years, Railey was indicted for attempted murder, tried before a Bexar County jury on a change of venue, and acquitted in 1993. The prosecution could not get beyond a reasonable doubt.
There are those who will say that the Railey affair, and the others mentioned, were miscarriages of justice brought about by the naivety or gullibility of jurors, and the entire system should be re-thought. Those who protest usually have not heard the evidence, or lack thereof, that the jurors heard, but they often do have a point. Jurors are swayed by emotion and prejudice, like other human beings. But so are judges and arbitrators and other decision makers. Nevertheless, most jurors do their jobs, dependent upon other human beings of varying abilities – witnesses, lawyers, judges – to present ambiguous facts to be sorted out. In a criminal trial, though, it is the reasonable doubt standard that creates the hurdle where those who, by logic and common sense most probably did the deed, may escape criminal conviction.
The concept of “reasonable doubt” seems to be self-evident, but some courts and some legislatures have attempted to further define it, although without much success. Beyond re-phrasing it as a doubt beyond reason, it appears incapable of further elucidation. For a century and a half prior to the 1900s, the Texas courts did not give a jury instruction defining “proof beyond a reasonable doubt.” considering it to be understood by adults of normal intelligence. The Texas Court of Criminal Appeals took a plunge in 1991 and defined it as the “kind of doubt that would make a reasonable person hesitate to act in the most important of his own affairs” and made that definition a mandatory jury instruction. Yet, several years later that court reversed itself, explaining that “reasonable” and “doubt” are commonly understood. While it appears to exclude the whimsical and fantastic, or “shadow of doubt” hypotheses. It nevertheless remains the highest standard of proof required by the law.
While often criticized, especially by victims and their advocates, this standard of proof is the bulwark of the Anglo-American criminal justice system that holds that it is better that many guilty go free rather than one innocent be wrongfully punished by the power of the state. This makes paramount the interests of individuals over those of the collective, in this case, the state. Recognition of the value of the individual in this manner brought us our of the darkness of feudalism and hierarchical classes that existed in the millennia before the emergence of the modern Western World.
Still, it can be galling when the bad guy escapes the clutches of the law. One of the things I learned as a police officer, as well as a lawyer, is that happens quite a bit. I also observed that, while one might get away with criminal behavior for awhile, it eventually catches up with him. The perp that gets away today will be caught and convicted of something else later on. O.J. Simpson exemplifies the proposition that what goes around, comes around, eventually. Of course, eventually may take awhile. In the meantime must we have justice? If we do, bear in mind that if we were able to achieve it in all cases, in the words of Shakespeare’s Hamlet, who among us would escape a whipping.
Craciun fericit
Wesolych Swiat
Linksmu Kaledu
Hyvää Joulua
Sretan Božic
Veselé Vánoce
Frohelich Weihnachten
Buon Natale
Joueux Noel
¡Feliz Navidad (If you live in Texas and don’t know what this means, you reside in a cave.)
In other words, Merry Christmas (to all and to all a good night.)
P.S. By the way, Mr. Scott Cantrell, the music critic of our Dallas Morning News, informs us that “saith” is correctly pronounced “seth.” Who knew?
One is tempted to say “good riddance” upon hearing of the death of Kim Jong Il, the North Korean dictator. It is. On the other hand, personality cults tend to moderate as well as hold together otherwise rogue and unstable regimes. I recall when, as a second-grader among relatives who were politically informed and interested in foreign affairs, I thought it was time to cheer when hearing that Soviet leader Joseph Stalin had died, only to have an WWII veteran uncle remark that they would find someone just as bad or worse to take his place. So true. The Cold War got a lot worse before the Soviets finally imploded. Even if nuclear armed, North Korea is not the threat the USSR was, and probably does not have the same staying power, but it’s not yet time to cheer.
As a result of the decennial 2010 census, the Republican controlled Texas Legislature drew new Congressional and State House and Senate districts. The Democrats objected, ostensibly because of racial discrimination – assuming that means discrimination against Democrats. A three judge federal court in San Antonio drew new district lines, supposedly “fairer” to Democrats – oops, they meant “minorities.” The Supreme Court stayed the lower court’s redistricting order and will hear arguments January 9, 2012.
Meanwhile, the redrawing and challenge left many candidates uncertain of what legislative or Congressional district they were in and eligible to run for. The primary elections were originally scheduled for March. In order to keep the original primary on schedule, but give time for the candidates in limbo find out where they stand and organize a campaign, Texas Attorney General Greg Abbott suggested that the state hold two primaries: one for the Presidential candidates and local and statewide offices; the other for Congress and the Legislature. An attorney for one civil rights group protested saying, “when you have an unusual election day, minority voters are less likely to turn out.” See the story here. Assuming that she took minority to mean folks with darker complexions or whose, or the first language of their proximate or remote ancestors, was something other than English, isn’t that terribly insulting? Isn’t that saying that those persons are too stupid, too lazy, or too uninterested to find out when election day is?
Of course, the condescending attitudes of the American left-wingers know no racial or ethnic boundaries. The so-called progressives are the ones who really want a return of the plantation economy and serfdom, a nicer word for slavery. They just know better than to call it that.
Headline in today’s Dallas Morning News; “43 Dallas ISD schools make Texas’ growing list of low-achieving campuses”
Yesterday, we received a newsletter from the Dallas Independent School District. It contained an article about the 100th anniversary of Ben Milam Elementary School. A special guest was a 98 year old former student who attended in 1920, whose photo with cutline appear in the story.
If the errors in gender and number are not readily apparent to you, then God bless. One might forgive the cutline writer, who may have acted in haste up against a deadline, but not the editor. Perhaps he/she is a product of one of the low achieving campuses. I feel sure that editor was not an alumnus of former pedagogue, and occasional commentator of these pages Gary B.
Or is my gripe pedantic nonsense up with which we should not put?