There
was genuine jubilance for the court-ordered temporary postponement
of Reggie Clemons’ execution date last week. The announcement of
the stay came the day after actor and human rights activist Danny
Glover changed his filming schedule to come to St. Louis on Reggie’s
behalf. Glover has been a stalwart champion of the case for years.
He has called it a “textbook case of reasonable doubt”.
The
stay of execution mainly allows for the 8th Circuit Court of Appeals
to rule on the way the State of Missouri carries out executions;
it doesn’t address the nagging issues in Reggie’s case. Still, justice-loving
people exhaled a collective sign of relief when the decision was
announced.
Reggie
Clemons was convicted and sentenced to death in the 1991 incident
known in the St. Louis area as the Chain of Rocks Bridge case. Reggie
and his three co-defendants were tried as accomplices to murder
because under Missouri Law, the whole crew can be charged with murder—even
if no one is ever accused of the actual murder. That’s exactly what
happened in this case and became a convenient law to score four
convictions instead of one. A shrewd and corrupt prosecutor tried
the cases individually and used conflicting testimonies to implicate
other co-defendants. The perfect storm of poor legal defense, police
torture to get confessions, prosecutorial misconduct that so often
comes together in cases of wrongful convictions was manifested in
the case.
About
the same time that the news of Reggie’s stay came, I read about
Shannon Finley and Charles Crostley being released from prison as
free men in Paris, Texas. Finley and Crostley, both white, were
arrested and charged in the gruesome death last fall of Brandon
McClelland, a 24 year old African-American man. Finley is alleged
to have deliberately hit McClelland and dragged him until his mutilated
and dismembered body finally dislodged from the pick up truck. Pieces
of McClelland’s skull were found three days later along the country
road. (No, this is not the infamous Byrd case in Jasper, TX—this
is another one!)
Finley
and Crostly originally swore they had nothing to do with the incident
yet they immediately washed the truck to get rid of any incriminating
evidence. Despite their best devious efforts, blood and other evidence
was found on the truck. They were arrested and charged with murder.
Sounds like a slam dunk, doesn’t it?
Oh,
no. An unnamed truck driver recently came forward who thinks he
may have accidentally hit McClelland that fateful night. The unnamed
Bubba won’t be charged for because there was no crime; it was an
unfortunate accident. The prosecutor promptly dismissed the murder
charges against the Finley and Crostly.
Reggie
Clemons’ 18 year nightmare through the judicial system is rife with
injustices reminiscent of Southern-style justice. Reggie was accused
but never convicted of rape. Linking the rape of white girls to
black youth made for titillating media coverage and jury influence
for Prosecutor Nels Moss who was running for Circuit Attorney at
the time. To this day, the Chain of Rocks Bridge tragedy raises
more questions than the courts ever tried to answer.
Back
in Texas, we find out that Finley has gotten over on the courts
system before. Five years earlier, he accidentally shot his “friend”
three times while trying to shoot two gun-toting black men who were
trying to rob them. It probably was the same two black men who Bonnie
Sweeten said abducted her and her young daughter a couple of weeks
ago in Philly. Authorities later found Sweeten kicking it up in
Disney World.
It
appears that Finley gets the hook up whenever he needs it. His court-appointed
defense attorney for that 2003 “accidental” death is now the district
attorney who dropped the charges in the McClelland death. District
Attorney Gary Young saw no need to recuse himself. Missouri Governor
Jay Nixon who was the state attorney general pushing for Reggie’s
execution also believes he can still be fair and objective wearing
his new hat.
American-style
justice works if you’re white, if you have political connections
or money, and if your victim is poor or black. In a court of law,
the main difference between Shannon Finley and Reggie Clemons is
the color of their skin. Ditto with Tom Cummins. Cummins originally
confessed to the murders of his two cousins and was charged accordingly.
Somewhere along the way, Cummins went from being to prime suspect
to the State’s star witness. The prosecutor wants us to believe
that Clemons, who had no criminal record, went from being a happy-go-lucky
kid to a murderer. Unfortunately, Moss was able to convince twelve,
mainly white jurors, that such a transformation had indeed occurred.
Racism,
class, politics, economics, a corrupted judicial system, and police
abuse can cut down an innocent black man’s life but be the very
same factors that are used to save a guilty white man. Our responsibility
as a civilized country is to ensure equal protection under the law
for all citizens be they suspects or victims. Otherwise, we can
count on the Reggie Clemonses, the Troy Davises, the Mumia Abu-Jamals
and others from our communities being devoured by a system that
suffers from self-admitted blindness.
For
more on the cases of Clemons, Davis and Mumia visit:
BlackCommentator.com
Editorial Board member Jamala Rogers is the leader
of the Organization
for Black Struggle in St. Louis and the Black Radical Congress
National Organizer. Click
here to contact Ms. Rogers. |