“George
Junius Stinney Jr., we find you guilty on the charge of first degree murder and
you are sentenced to death. You shall ‘be electrocuted, until your body be dead
in accordance with law. And may God have mercy on your soul.’” The judge read the judgment to the accused.
On
the 16th day of June 1944, Stinney, a 14 year old boy was removed
from his cell by the prison officer; he placed his bible under his armpits, and
walked slowly with tears running down his cheeks as he was escorted to the
execution chamber to meet his death.
At
the electrocution chamber, Stinney was placed on the electric seat where many
have met their death, and today was his date. He was so small to fit and so
short for the electrode head piece apparatus to be placed on his head, so they
took the bible under his armpits, placed it on the seat to act as a booster.
Then they strained his legs, arms and body on the electric chair. He was asked
if he had last words to say and His father moved closer to listen but Stinney
couldn’t talk he just shook his head and his small legs, though strained,
daggled as if trembling with fear. The
prisoner officer covered his face with a large death mask and walked backwards
placing his back on the wall and faced the ac cused.
After
a few seconds, he signaled a person who was on the other side of a glassed wall
and the executioner flipped the lethal 2400V electric switch, the lights in the
room dimmed and brightened momentary, maybe to allow the angel of death do his
job. Stinney body convulsed as electricity pumped into his body, two more jolts
of electricity were
added totaling to about 5,300V. The death mask covering his body flipped off his face exposing his burning scalp, his eyes were wide open, tears running down his cheeks and saliva foam around his mouth and saliva dripping to his chest.
added totaling to about 5,300V. The death mask covering his body flipped off his face exposing his burning scalp, his eyes were wide open, tears running down his cheeks and saliva foam around his mouth and saliva dripping to his chest.
Three
Minutes and 45 seconds later the switch was flipped off. The execution chamber
was filled with smoke and reeked with burnt flesh. The body of Stinney sat on
the chair lifeless. The prison physician approached the body, placed the
stethoscope on the left side of his chest and declared Stinney as dead. “Justice”
had been served.
In
2014, about 60 years after the execution, the blood of Stinney still continued
to cry for justice from the grave and the court would pass a judgment that “a
violation of the Defendant procedural due process rights tainted his
prosecution … and that the courts [had] failed in a capital case to discharge
their proper functions with due regard to the constitutional safeguards in the
administration of justice. Based on the forgoing I hereby vacate the defendant’s
conviction” the judgment read. In short, George Junius Stinney Jr was ILLEGALLY
EXECUTED!
What
had led to the overturning of this illegal execution was that, in 2004, a
historian, George Frierson would come across a newspaper article on this case
and did a research on it. Some Lawyers got an interest on his research. They
filed a motion for a new trial and a petition for writ of Coram Nobis in 2013, because they knew “there wasn’t any reason to
convict the child and this is an injustice that needs to be righted” and this
is an “opportunity to make a difference and correct a wrong that’s been there
for 70 years” and that the “the conviction was based on numerous and serious
errors and omissions denying Stinney fundamental due process.”
Stinney
had been accused of the Murder of two girls, Betty June Binnaker, 11 yrs and
Mary Emma Thames, 7 years. The two girls
had passed around their property looking for Maypop Flowers and had asked Stinney
and his sister where they could find
some of the flowers and they told them they did not know. The bodies of the two girls would later be
found in a ditch with head injuries.
The
police would arrest George Stinney on the suspicion of the murder based on the
account that he was the last person to have had information on them and took
him to custody. He stayed in custody for
about 81 days. He was not allowed to see his parents until his trial and
conviction and had no support from anyone during the whole trial process. In
custody the police interrogated him alone without his parents or a lawyer. The
police would later give evidence in court that the boy had confessed yet no
confession statement signed by Stinney would be produced in court and Stinney
would later say that the arresting police “starved him and then bribed him with
food” and due to fear, exhaustion, hunger and intimidation he relinquished his
innocence and gave a confession.
During
the trial, the Court appointed a defense counsel for Stinney, who was a tax
commissioner campaigning for election to a local office. And due to the
popularity of the incidence and trial, may have just taken the case to gain him
popularity and influence more votes from the locals.
During
the Proceedings, the defense counsel did not challenge the production of the police
offices confession statement as evidence or cross-examine them, which was the
only evidence they had against Stinney. There was no other evidence whatsoever
linking Stinney to the murder. On the accusation that Stinney might have
attempted to rape them before or after murdering them, the medical report indicated
there were no indications of sexual assault and both girl’s hymen were intact.
Stinney
defense counsel on the other hand did not call any witness or even the sister
who had been with Stinney on the said
day and would give an alibi evidence, he did not bring in the doubt of how practical
and logical a 14 year old of only 5.1 feet(1.6M) and 95 pound(43Kg) would
overpower and murder a 11 year old and 7
year old girl and carry them to a ditch because there was no sign that the bodies were dragged to
the ditch and even if he had carried the bodies, due to the bloody nature of
the murder, then blood or any physical
evidence would have been left on him. But the defense attorney offered no
defense.
Stinney
who was a black American was convicted to death by an all-white jury within 10
minutes of discussion. The court did not hesitate to give the Judgment. On his
conviction the defense counsel did not even bother to file for an appeal and
request for stay of execution. Therefore,
Stinney was executed.
George
Stinney case is an illustration of what happens when the whole system of
justice fails. When the community uses Race to determine who is a suspect. When
the police arrest anyone without compelling evidence, subject the arrested
person to psychological torture and denying him right to counsel or guidance,
obtaining a confession through duress, torture and deception. When the
prosecution is more interested in obtaining a verdict of guilt other than
guiding the court to reach a legally and fact supported judgment. When the
defense lawyer undertakes his works for selfish purpose of publicity and
totally dereliction of duty to ensure evidence and the legal process is
followed and the rights entitled to the accused have been followed. When the
jury does not represent a fair cross section of the community and unable to
speak the truth and give an impartial verdict and base their judgment on racial
basis. When a judge does not guide the jury on the legal aspects and ensure the
matter has been proved beyond reasonable doubt, when the judge does not appreciate
the uniqueness of a case and weight and balance the offense and punishment and
ends up giving a punishment that is unproportional to the offence. And
‘innocent Blood’ was shed on an electric chair to warn future generations of
the dangers of having a broken down system of justice.
Around
the world, many people languish in jail because of a broken down system. This
is a system all of us are in or
can find themselves in as a suspect, public, Police, Defense counsel, prosecutor or judge and we all have a duty to
play to ensure no innocent person goes to jail. As members of the public let’s
view each other as humans; Issues such as wealth, race or religion should not
be used to single out a suspect. As Police let’s do our job, ensure everyone
arrested enjoys his right and law is followed. As prosecutor as much as the
demand to proof the case beyond reasonable doubt is on us lets bear the burden
with integrity and fairness not just to aim at reaching a conviction of Guilty.
As defense counsel do your job, the law and evidence presented should be
followed and the rights of an arrested person jealously protected. The question
of “what if a guilty person is released because of your brilliant defense?”
should be converted to “is justice being delivered after the law and evidence
has been followed?” for the judge the scale of justice should always balance.
This
case may have happened thousands of kilometers away but in one way or another
it part of the humanity history and as Martin Luther would say while at Birmingham
jail that “Injustice anywhere is a threat to justice everywhere. We are caught in
an inescapable network of mutuality, tied in a single garment of destiny.
Whatever affects one directly, affects all indirectly.” And this case gives us an opportunity to learn
from history and to correct an injustice
where possible and to look our current status and see if there is any eminent
threat to justice in any form in our system and to look forward with a constant
reminder of the dangers of having a biased system of governance.
(Photos credited to:Global Exchange, Findagrave.com, Washington Post, Movie:83 Days)