US judge overturns 1940s conviction of executed boy

[webfact]

US judge overturns 1940s conviction of executed boy

(BBC) A judge has overturned the conviction of a 14-year-old black boy executed for murder more than 70 years ago.

The young teenager's prosecution for the killing of two white girls in South Carolina was a great injustice, the judge said.

George Stinney was arrested, convicted and executed in 1944 in the space of three months, and with no appeal.

Supporters said his trial was tainted by racism and lack of evidence.

In her ruling, judge Carmen Mullen said that the prosecution at the time had failed to safeguard Stinney's constitutional rights.

The boy was arrested after two girls, aged seven and 11, were found beaten to death a day after they reportedly spoke to him and his sister.

Full story: http://www.bbc.com/news/world-us-canada-30529890


-- BBC 2014-12-18

[lee b]

Poor lad, unfortunatly its a few decades to late. I wonder how many people were wrongly accused and executed for doing nothing at all?? Bet theres a hell of a lot !

[Ulysses G.]

He did not have decent legal representation, but that does not mean that he was innocent. The legal system was very different in 1944. He confessed to the crime within one hour of being arrested and - as far as I can tell - never denied having done it. In fact he admitted to hitting the 8 and 11 year old girls with the railroad spike, but initially claimed to have done it in self-defense. Later, he amended that and said it was when one of the girls turned down his sexual advances.

Nothing illegal was done during the investigation and prosecution of the case and all the procedures used by the police, courts, prosecution and prison system conformed to the standards and legal requirements of the time and location. The court was very aware of Stinneys age but the laws at that time allowed for capital prosecution of a 14-year-old defendant.

Edited December 18, 2014 by Ulysses G.

[zydeco]

The judge is up for reelection next July.

[zydeco]

He did not have decent legal representation, but that does not mean that he was innocent. The legal system was very different in 1944. He confessed to the crime within one hour of being arrested and - as far as I can tell - never denied having done it. In fact he admitted to hitting the 8 and 11 year old girls with the railroad spike, but claimed to have done it in self-defense.

Nothing illegal was done during the investigation and prosecution of the case and all the procedures used by the police, courts, prosecution and prison system conformed to the standards and legal requirements of the time and location. The court was very aware of Stinneys age but the laws at that time allowed for capital prosecution of a 14-year-old defendant.

The report I read said the boy's grandmother heard him confess and she turned him in to police. He had also threatened to kill two other girls the day before this murder. Not another "gentle giant," but not a "little angel" either.

[Chicog]

Ain't no such thing as an innocent black boy now, is there? Looks like a fair trial to me.

The entire trial, including jury selection, took one day. Stinney's court-appointed defense counsel was a tax commissioner campaigning for election to local political office. Stinney's lawyer did not challenge the three police officers who testified Stinney confessed to the two murders, despite this being the only evidence against him. The police did not make written records of Stinney's purported confession, and at trial, Stinney denied confessing to the crime.

The jury at Stinney's trial consisted entirely of white people due to black people being denied the right to vote, which was required for people to serve as jurors. Other than the testimony of the three police officers, at trial prosecutors called three inconsequential witnesses: the man who discovered the bodies of the two girls and the two doctors who performed the post mortem examination. Stinney's counsel did not call any witnesses. Trial presentation lasted two-and-a-half hours. The jury took ten minutes to deliberate, after which they returned with a guilty verdict.

[dananderson]

Poor lad, unfortunatly its a few decades to late. I wonder how many people were wrongly accused and executed for doing nothing at all?? Bet theres a hell of a lot !

One figure given recently is 312 exonerated of the death penalty in the USA. The rate of those falsely convicted of capital punishment in the United States (according to the National Academy of Science) is 4.1% or roughly one in twenty-five. Link. http://www.pnas.org/content/111/20/7230.abstract

[zydeco]

There is another side to this story, which is being entirely ignored by a national and international press that is largely lazy, incompetent, and/or agenda driven.

Several who gathered Thursday at the restaurant said they had met Stinney and believe that he committed the crime. Sadie Duke said she always believed Stinney was guilty because only a day before, he had threatened her and her friend Violet Freeman as they went to a church to collect water.

“He said, ‘If you don’t get away from here and if you ever come back, I will kill you,’” Duke said. Evelyn Roberson, who was 15 at the time of the crime, said her husband often fought with Stinney as they tended cows near the town. “They called the (Stinney) boy ‘Bully’ because he was so bad to everybody,” she said. “Everybody he met he wanted to fight.” Roberson said Stinney first confessed to the crime to his grandmother, who called the authorities. “I don’t feel like it’s an open case,” she said. “I think he did it, and he should have gotten punished for it and he did.”

http://www.postandcourier.com/article/20140117/PC1610/140119506

[Ulysses G.]

There is another side to this story, which is being entirely ignored by a national and international press that is largely lazy, incompetent, and/or agenda driven.

Indeed. Too many people in the press WANT this boy to have beet innocent, despite the facts. I am not sure one way, or the other, but there is certainly valid evidence that he could have been guilty, despite other factors.

[JetsetBkk]

Now waiting for Al Sharpton to stir it up.

[kamahele]

He did not have decent legal representation, but that does not mean that he was innocent. The legal system was very different in 1944. He confessed to the crime within one hour of being arrested and - as far as I can tell - never denied having done it. In fact he admitted to hitting the 8 and 11 year old girls with the railroad spike, but initially claimed to have done it in self-defense. Later, he amended that and said it was when one of the girls turned down his sexual advances.

Nothing illegal was done during the investigation and prosecution of the case and all the procedures used by the police, courts, prosecution and prison system conformed to the standards and legal requirements of the time and location. The court was very aware of Stinneys age but the laws at that time allowed for capital prosecution of a 14-year-old defendant.

In 1944 South Carolina, there was no such thing as a fair trial for blacks. There was no such thing as a jury of one's peers for blacks. Blacks couldn't even use the same toilet as whites or eat in the same restaurants in 1944 South Carolina. How do you think his interrogation went? Do you think those white police officers held back on the beating? We don't know as there was no lawyer or parent present. His sister also claims they were together when the girls were killed and he didn't do it. The "standards and requirements" of the 1940's for blacks were that they were arrested and convicted whether guilty or not and if not, the local white community lynched them from a tree.

[Trentham]

He did not have decent legal representation, but that does not mean that he was innocent. The legal system was very different in 1944. He confessed to the crime within one hour of being arrested and - as far as I can tell - never denied having done it. In fact he admitted to hitting the 8 and 11 year old girls with the railroad spike, but initially claimed to have done it in self-defense. Later, he amended that and said it was when one of the girls turned down his sexual advances.

Nothing illegal was done during the investigation and prosecution of the case and all the procedures used by the police, courts, prosecution and prison system conformed to the standards and legal requirements of the time and location. The court was very aware of Stinneys age but the laws at that time allowed for capital prosecution of a 14-year-old defendant.

<snip>

Here is Wiki's take on the case......................

Case background

Stinney was arrested on suspicion of murdering two girls, Betty June Binnicker, age 11, and Mary Emma Thames, age 8, in Alcolu, Clarendon County, South Carolina, on March 23, 1944.^[6] Alcolu was a small, working class mill town, where white and black neighborhoods were separated by railroad tracks. The girls were last seen riding their bicycles looking for flowers. As they passed the Stinney property, they asked young George Stinney and his sister, Katherine, if they knew where to find "maypops", a local name for passionflowers. When the girls did not return, search parties were organized, with hundreds of volunteers. The bodies of the girls were found the next morning in a ditch filled with muddy water. Both had suffered severe head wounds.^[7]

Trial

Following Stinney's arrest, Stinney's father was fired from his job, and his family was forced to flee the town under threat of being lynched^{[citation needed]}, leaving George with no support during his 81-day confinement and trial. The entire trial, including jury selection, took one day. Stinney's court-appointed defense counsel was a tax commissioner campaigning for election to local political office. Stinney's lawyer did not challenge the three police officers who testified Stinney confessed to the two murders, despite this being the only evidence against him. The police did not make written records of Stinney's purported confession, and at trial, Stinney denied confessing to the crime.

The jury at Stinney's trial consisted entirely of white people due to black people being denied the right to vote, which was required for people to serve as jurors. Other than the testimony of the three police officers, at trial prosecutors called three inconsequential witnesses: the man who discovered the bodies of the two girls and the two doctors who performed the post mortem examination. Stinney's counsel did not call any witnesses. Trial presentation lasted two-and-a-half hours. The jury took ten minutes to deliberate, after which they returned with a guilty verdict.

Edited December 19, 2014 by Jai Dee
Flame deleted

[cup-O-coffee]

My sister does genealogy. About a million years ago one of my ancestors was wrongfully accused by a cave man of stealing a dinosaur egg. An argument ensued and both were killed when the noise they caused attracted a T-Rex. They never got a chance to finish the argument. They were both eaten.

The point of my story is that this is the point of this OP.

[IAMHERE]

Now waiting for Al Sharpton to stir it up.

No money in it, or at least not enough money for him to bother. Besides what is left to loot after 70 years?

[kieran2698]

The judge is up for reelection next July.

What is your point?

[Trentham]

He did not have decent legal representation, but that does not mean that he was innocent. The legal system was very different in 1944. He confessed to the crime within one hour of being arrested and - as far as I can tell - never denied having done it. In fact he admitted to hitting the 8 and 11 year old girls with the railroad spike, but initially claimed to have done it in self-defense. Later, he amended that and said it was when one of the girls turned down his sexual advances.

Nothing illegal was done during the investigation and prosecution of the case and all the procedures used by the police, courts, prosecution and prison system conformed to the standards and legal requirements of the time and location. The court was very aware of Stinneys age but the laws at that time allowed for capital prosecution of a 14-year-old defendant.

<snip>

Here is Wiki's take on the case......................

Case background

Stinney was arrested on suspicion of murdering two girls, Betty June Binnicker, age 11, and Mary Emma Thames, age 8, in Alcolu, Clarendon County, South Carolina, on March 23, 1944.^[6] Alcolu was a small, working class mill town, where white and black neighborhoods were separated by railroad tracks. The girls were last seen riding their bicycles looking for flowers. As they passed the Stinney property, they asked young George Stinney and his sister, Katherine, if they knew where to find "maypops", a local name for passionflowers. When the girls did not return, search parties were organized, with hundreds of volunteers. The bodies of the girls were found the next morning in a ditch filled with muddy water. Both had suffered severe head wounds.^[7]

Trial

Following Stinney's arrest, Stinney's father was fired from his job, and his family was forced to flee the town under threat of being lynched^{[citation needed]}, leaving George with no support during his 81-day confinement and trial. The entire trial, including jury selection, took one day. Stinney's court-appointed defense counsel was a tax commissioner campaigning for election to local political office. Stinney's lawyer did not challenge the three police officers who testified Stinney confessed to the two murders, despite this being the only evidence against him. The police did not make written records of Stinney's purported confession, and at trial, Stinney denied confessing to the crime.

The jury at Stinney's trial consisted entirely of white people due to black people being denied the right to vote, which was required for people to serve as jurors. Other than the testimony of the three police officers, at trial prosecutors called three inconsequential witnesses: the man who discovered the bodies of the two girls and the two doctors who performed the post mortem examination. Stinney's counsel did not call any witnesses. Trial presentation lasted two-and-a-half hours. The jury took ten minutes to deliberate, after which they returned with a guilty verdict.

What I would like to know was how many white boys were hung during that era.

More interesting would be a comparison of numbers between the white boys and the black boys who were executed.

[vogie]

My sister does genealogy. About a million years ago one of my ancestors was wrongfully accused by a cave man of stealing a dinosaur egg. An argument ensued and both were killed when the noise they caused attracted a T-Rex. They never got a chance to finish the argument. They were both eaten.

The point of my story is that this is the point of this OP.

Your analogy is flawed, T Rex became extinct 95 million years ago.

[JetsetBkk]

My sister does genealogy. About a million years ago one of my ancestors was wrongfully accused by a cave man of stealing a dinosaur egg. An argument ensued and both were killed when the noise they caused attracted a T-Rex. They never got a chance to finish the argument. They were both eaten.

The point of my story is that this is the point of this OP.

Your analogy is flawed, T Rex became extinct 95 million years ago.

Are you saying that cave men didn't have to fight dinosaurs?

Wow, the writers of The Flintstones have a lot to answer for.

[chuckd]

He did not have decent legal representation, but that does not mean that he was innocent. The legal system was very different in 1944. He confessed to the crime within one hour of being arrested and - as far as I can tell - never denied having done it. In fact he admitted to hitting the 8 and 11 year old girls with the railroad spike, but initially claimed to have done it in self-defense. Later, he amended that and said it was when one of the girls turned down his sexual advances.

Nothing illegal was done during the investigation and prosecution of the case and all the procedures used by the police, courts, prosecution and prison system conformed to the standards and legal requirements of the time and location. The court was very aware of Stinneys age but the laws at that time allowed for capital prosecution of a 14-year-old defendant.

<snip>

Here is Wiki's take on the case......................

Case background

Stinney was arrested on suspicion of murdering two girls, Betty June Binnicker, age 11, and Mary Emma Thames, age 8, in Alcolu, Clarendon County, South Carolina, on March 23, 1944.^[6] Alcolu was a small, working class mill town, where white and black neighborhoods were separated by railroad tracks. The girls were last seen riding their bicycles looking for flowers. As they passed the Stinney property, they asked young George Stinney and his sister, Katherine, if they knew where to find "maypops", a local name for passionflowers. When the girls did not return, search parties were organized, with hundreds of volunteers. The bodies of the girls were found the next morning in a ditch filled with muddy water. Both had suffered severe head wounds.^[7]

Trial

Following Stinney's arrest, Stinney's father was fired from his job, and his family was forced to flee the town under threat of being lynched^{[citation needed]}, leaving George with no support during his 81-day confinement and trial. The entire trial, including jury selection, took one day. Stinney's court-appointed defense counsel was a tax commissioner campaigning for election to local political office. Stinney's lawyer did not challenge the three police officers who testified Stinney confessed to the two murders, despite this being the only evidence against him. The police did not make written records of Stinney's purported confession, and at trial, Stinney denied confessing to the crime.

The jury at Stinney's trial consisted entirely of white people due to black people being denied the right to vote, which was required for people to serve as jurors. Other than the testimony of the three police officers, at trial prosecutors called three inconsequential witnesses: the man who discovered the bodies of the two girls and the two doctors who performed the post mortem examination. Stinney's counsel did not call any witnesses. Trial presentation lasted two-and-a-half hours. The jury took ten minutes to deliberate, after which they returned with a guilty verdict.

What I would like to know was how many white boys were hung during that era.

Probably not a lot of young white men were hung during that era.

Most of them were either in Europe or Asia fighting the war for Europe and the war with Japan.

[wabothai]

Reminds me of the film, dead man walking.

[Trentham]

He did not have decent legal representation, but that does not mean that he was innocent. The legal system was very different in 1944. He confessed to the crime within one hour of being arrested and - as far as I can tell - never denied having done it. In fact he admitted to hitting the 8 and 11 year old girls with the railroad spike, but initially claimed to have done it in self-defense. Later, he amended that and said it was when one of the girls turned down his sexual advances.

Nothing illegal was done during the investigation and prosecution of the case and all the procedures used by the police, courts, prosecution and prison system conformed to the standards and legal requirements of the time and location. The court was very aware of Stinneys age but the laws at that time allowed for capital prosecution of a 14-year-old defendant.

<snip>

Here is Wiki's take on the case......................

Case background

Stinney was arrested on suspicion of murdering two girls, Betty June Binnicker, age 11, and Mary Emma Thames, age 8, in Alcolu, Clarendon County, South Carolina, on March 23, 1944.^[6] Alcolu was a small, working class mill town, where white and black neighborhoods were separated by railroad tracks. The girls were last seen riding their bicycles looking for flowers. As they passed the Stinney property, they asked young George Stinney and his sister, Katherine, if they knew where to find "maypops", a local name for passionflowers. When the girls did not return, search parties were organized, with hundreds of volunteers. The bodies of the girls were found the next morning in a ditch filled with muddy water. Both had suffered severe head wounds.^[7]

Trial

Following Stinney's arrest, Stinney's father was fired from his job, and his family was forced to flee the town under threat of being lynched^{[citation needed]}, leaving George with no support during his 81-day confinement and trial. The entire trial, including jury selection, took one day. Stinney's court-appointed defense counsel was a tax commissioner campaigning for election to local political office. Stinney's lawyer did not challenge the three police officers who testified Stinney confessed to the two murders, despite this being the only evidence against him. The police did not make written records of Stinney's purported confession, and at trial, Stinney denied confessing to the crime.

The jury at Stinney's trial consisted entirely of white people due to black people being denied the right to vote, which was required for people to serve as jurors. Other than the testimony of the three police officers, at trial prosecutors called three inconsequential witnesses: the man who discovered the bodies of the two girls and the two doctors who performed the post mortem examination. Stinney's counsel did not call any witnesses. Trial presentation lasted two-and-a-half hours. The jury took ten minutes to deliberate, after which they returned with a guilty verdict.

What I would like to know was how many white boys were hung during that era.

Probably not a lot of young white men were hung during that era.

Most of them were either in Europe or Asia fighting the war for Europe and the war with Japan.

If you are suggesting that blacks did not go to war you are WRONG.............................

Millions of Americans fought in the military during World War II, including nearly one million African-Americans. VOA's Chris Simkins reports on the black experience in the military, and the challenges they faced from World War II on.

African-American soldiers played a significant role in World War II. More than half a million served in Europe. Despite the numbers they faced racial discrimination: prior to the war the military maintained a racially segregated force. In studies by the military, blacks were often classified as unfit for combat and were not allowed on the front lines. They were mostly given support duties, and were not allowed in units with white soldiers.

[Scott]

Off-topic, inflammatory post and reply removed.

[vogie]

My sister does genealogy. About a million years ago one of my ancestors was wrongfully accused by a cave man of stealing a dinosaur egg. An argument ensued and both were killed when the noise they caused attracted a T-Rex. They never got a chance to finish the argument. They were both eaten.

The point of my story is that this is the point of this OP.

Your analogy is flawed, T Rex became extinct 95 million years ago.

Are you saying that cave men didn't have to fight dinosaurs?

Wow, the writers of The Flintstones have a lot to answer for.

Maybe the Flintstones were ahead of their time?

[chuckd]

What I would like to know was how many white boys were hung during that era.

Probably not a lot of young white men were hung during that era.

Most of them were either in Europe or Asia fighting the war for Europe and the war with Japan.

If you are suggesting that blacks did not go to war you are WRONG.............................

Millions of Americans fought in the military during World War II, including nearly one million African-Americans. VOA's Chris Simkins reports on the black experience in the military, and the challenges they faced from World War II on.

African-American soldiers played a significant role in World War II. More than half a million served in Europe. Despite the numbers they faced racial discrimination: prior to the war the military maintained a racially segregated force. In studies by the military, blacks were often classified as unfit for combat and were not allowed on the front lines. They were mostly given support duties, and were not allowed in units with white soldiers.

Now why don't you climb down off that moral high horse you have ridden into the room and show me where I suggested any such thing.

I am fully aware of the contribution made by our many black soldiers, sailors and airmen that served so honorably to free Europe from the hold of Nazism and the terrors of the Japanese nation.

The question was asked concerning "white boys".

His question was answered.