 | 23 Aug 07 |
A couple of weeks ago, my San Francisco RWA chapter had a fabo crime panel as our guest speakers. We had a Deputy Coroner, a lady Inspector/Sergeant: Homicide Detail SFPD, an Alameda County DDA who when I grow up I want to be just like her, and a forensic anthropologist who amongst her many career endeavors, managed the body farm in Tennessee. (snicker, it was kind of funny when my gf sitting next me whispered, “What’s a body farm?” heh, you shoulda seen her face when I told her, and then our guest elaborated. There was a slight gagging sound coming from my friend’s direction. I didn’t want to look, she would have seen my snerky smile. Ah, yes, it’s the little things these days).
But, I digress.
What I loved most about this panel was their frank, humorous POV. (and yes, one must keep the humor in the face of death). You could feel the natural camaraderie amongst the group.
One of the things our guest coroner told us was that there have been cases when he has performed an autopsy and discovered a pre-existing condition that ultimately lead to the cause of death ie. a wound inflicted years previous in the commission of a crime, and therefore murder charges are sometimes issued for the perpetrator of the original wound.
One of the SFARWA members who attended the meeting alerted me to this article.
New Charges Considered in 1966 Shooting
AP
Posted: 2007-08-23 04:09:48
Filed Under: Nation News
PHILADELPHIA (Aug. 23) – A Philadelphia policeman shot while on duty four decades ago died of his injuries this week, raising the possibility of a homicide charge against a man who already served a prison sentence for the shooting, authorities said.
Philadelphia Police Department / AP
Walter T. Barclay, a rookie officer, was gunned down Nov. 27, 1966, while trying to stop the burglary of a beauty shop in the city’s East Oak Lane section. Barclay, who was left a paraplegic, died Sunday at age 64.
William J. Barnes, now 71, was sentenced to a 10- to 20-year term in the shooting.
Chief Inspector of Detectives Joseph Fox said Tuesday that the Bucks County coroner had ruled Barclay’s death a homicide stemming from complications from the shooting. Police are talking with prosecutors to decide whether Barnes should now be charged with murder in the case, he said…
…The District Attorney’s Office issued a short statement Tuesday, saying only, “We intend to review all of the evidence before making a decision in this case.” Prosecutors would not elaborate.
Lawyers asked about the case said prosecutors would be on solid legal ground to charge Barnes, but that proving the case would be challenging.
“Complications from a shooting 30 or 40 years ago don’t take 30 or 40 years to surface,” said Jeffrey Lindy, a former federal prosecutor now working as a defense lawyer. “A medical expert could say it could be from this or it could be from that.”
Barclay’s sister, Rosalyn Harrison, said her brother suffered “horribly” after the shooting.
“You have no idea what a hard time he had,” she said.
Now this brings me to my question: Based on what we have here and what the prosecuting and defense attorneys are pontificating, do you think the perpetrator should be charged with Murder? And in this case it would be Capital Murder, because it involves the death of an on duty police officer. In some states Capital Murder goes hand and hand with the death penalty.
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Karin, I have no clue. It’s awful what the former cop went through all these years, but I can see that so much time has passed it would be difficult to have another trial. It sounds like it would be difficult to prove he even died from the shooting.
I feel for the family and hope that no matter what happens they find some peace.
by Edie August 24th, 2007 at 5:48 amI think the shooter should have gotten more than 10-to-20 for shooting and paralyzing a cop in the first place. And while I believe that he is ultimately responsible for the cop’s pain, suffering and death, he’s 71 years old and I doubt he’s a threat to society. I would probably decide not to prosecute (and from the article, I don’t think they are going to prosecute) If he was younger and still a criminal, I’d go for it.
The cost of this prosecution would be substantial, BTW, and we have plenty of other criminals to spend our money putting behind bars. Not that the cost should be the sole factor.
by Allison August 24th, 2007 at 6:47 amThe question in my mind is ‘how would justice be served by prosecuting this man?’ I agree with Allison – he should have gotten a tougher sentence in the first place. But after all these years, how is going after him for murder going to solve anything but a need for vengeance?
by B.E. Sanderson August 24th, 2007 at 6:51 amProbably not. I pretty much agree with Allison too. And while I understand it’s not technically double jeopardy because they are charging him for two seperate crimes, it still feels that way. But on an emotional level I really feel for the police officer and his family’s suffering. I don’t know why we aren’t more outraged and furious every time a cop is shot or hurt by the scum on the streets.
by Jen Apodaca August 24th, 2007 at 7:02 amI agree with Allison. But on the vengeance front, I respect that it’s everyone’s own personal values that determine whether legal vengeance is right or wrong. I’d defer to what the “murdered” man would have wanted.
It’s an interesting question. I’m glad I don’t have to decide, LOL.
by spyscribbler August 24th, 2007 at 7:14 amAllison said, ” I doubt he’s a threat to society.”
I’m sure he isn’t as well, but to me it isn’t about that. It’s about the penalty for taking a life. In this case, at this this time, and I can say this because I am not emotionally involved, I doubt charging him then trying him for murdering a cop has much of a point. I also agree, he should have gotten a stiffer sentence for ruining a man’s life.
But what about the clear open and shut cases? Let’s say a person is shot. And because of the location of the bullet it would be more detrimental to remove it. So the docs elect to leave the bullet. Years later the person dies of lead poisoning or some type of toxic reaction to the compounds in the bullet.
by Karin August 24th, 2007 at 7:23 amHey, Jen, society at large it seems is getting less affected by brutal crimes. The other night I was watching the news and some reporter was interviewing an NBA *star*, I don’t recall his name but the question was posed, “What do you think about the Michael Vick situation?”
The answer stunned me. Not only did this NBA *star* think Vick was getting a bum rap, but he didn’t get the big deal over the issue, “I mean we’re talking dogs here not kids”, but he had the nerve to say, (and I’m paraphrasing here) “”Sides, ain’t dog fightin’ a sport?” I sat there with my mouth open in stunned silence. This is the kind of guy kids are looking up to as a role model?
Another case in point. Big Brother 8 has become vicious. The producers are not only allowing it, they are fanning the flames. I was getting my hair cut yesterday and a gal was saying how much she loved watching the gore. Again, I was stunned. I feel like we have regressed two thousand years to the time when the Christians were released in the coliseum and the people cheered as they were torn apart by the lions.
by Karin August 24th, 2007 at 7:33 amSpy, good thought. What would the victim have wanted.
by Karin August 24th, 2007 at 7:33 amKarin, I’m not going to swear, (and I’m sweating with the effort to hold back) but you hit the nail on the head with that jackass (oops) not getting it! The reason people get so pissed off about killing off animals in books is that the animals are dependant upon people, and therefore it’s WRONG AND SICK to kill them. Unless it’s self defense or somethng like that. But I’m speaking in general terms.
And I mostly didn’t swear
And cops deserve respect for standing between us (the public) and whatever danger is out there. How do we not get that????
by Jen Apodaca August 24th, 2007 at 7:52 amJen, I like it when you talk dirty.
by Karin August 24th, 2007 at 9:14 amIn 1966, the penalties for crimes were much less, then they are today. Back then a man could beat his wife, because she was his wife. There was no spousal rape laws on the books, or few child abuse penalties, so for this guy to get 10-20 for the orginal shooting was considered stiff. He is 71yrs. Coming from a law enforcement back ground, married to a cop, daughter of a cop, sister, aunt, and cousin to cops, I don’t mind him getting retired. Its more for the family then to serve justice. The family needs it more then society does, and its owed to them.
And on the dog fighting thing. The whole thing is so sickening, I can’t stand to hear about it. I’m glad his “Buddies” snitched him off…He deserves more then what he’s getting…A year in prison isn’t enough. He’ll be treated like freak’n king by the inmates, and he can buy favors. He needs maximum security lockdown, 1hr out in 3 days, and in that hour he gets his phone call, his mail, shower and visit. Nothing more, and when he’s moved, his shackled, cuffed, with two of the biggest, nasty officers in the universe as his escort. 1 year is not enough for the dogs, and for all the kids who looked up to him, like my 14 year old grandsons. When this all came down, my son cleaned out everything they had with his name on it, and threw in the trash.
by Lee August 24th, 2007 at 9:52 amWow, Karin, interesting blog. I followed this story, too, and frankly, I don’t know WHERE I stand, but that’s probably because of the kind of week I’ve had.
Normally, I have an opinion on EVERYTHING! Just ask Jen or Karin or Cele… LOL.
by Natalie August 24th, 2007 at 1:57 pmI agree Karin, I think my “threat to society” comment was kind of flip. I just think that it wouldn’t serve justice to prosecute him for murder at this late date. My heart goes out to the family–as Lee says, 40 years ago the laws were a lot different than today. We’ve really come a long way in protecting minors, the elderly, and those who protect our rights–namely, cops. If the same crime were committed today, the guy would get a heftier sentence. And maybe that’s what we get out of crimes like this–they paved the way for stronger mandatory sentencing.
by Allison August 24th, 2007 at 3:50 pmGuillotine! Guillotine!
by Hubby August 24th, 2007 at 4:36 pmThere are so many factors in the 1966 case. But I begin with a question, because I think I know the answer – but I’m not sure, isn’t a retrial or a new trial still dependent upon the standards of 1966? To me, while my heart goes out to the family off the officer who suffered and died, I still consider this a double jeopardy of sorts. He was convicted for the shootings. In today’s courts we would see a different sort of proceedings in the differences: state trial and conviction for the shootings, then civil proceedings because the trial either failed to do the job or because the family was dissatisfied in the sentence.
I maybe totally wrong about this, but in light of today’s legal arena and 1966′s I”m wondering.
In the case of Michael Vick, a polical cartoonist in the Oregonian and Eugene Register Guard this morning showed a shackled Michael Vick being lead to a chainlink enclosure filled with what can only be described as a lot of very angry dogs. The caption reads, “It’s only for a year.” To me that would be just desserts.
It angers me that the NFL can “suspend him without pay” for a crime which he has finally admitted “some’ guilt. I too had a person tell me, just a few hours ago, “It’s a sport, like cock fighting and bullfighting.” Is it sexual harassment to tell your insane employee, “then if you think cock fighting is a sport, maybe you and Michael should go wag it infront of the dogs he’s beating to death,” is it?
by Cele August 24th, 2007 at 5:17 pmGod I love blonde moments.
by Cele August 24th, 2007 at 5:17 pmHeeeeeee’s baaaaaack!
by Karin August 24th, 2007 at 5:55 pmLee, good for your son! My oldest has a VT jersey he won’t wear now.
Cele, love the cartoon. And your fellow employee is a moron.
by Karin August 24th, 2007 at 5:59 pmI agree with the opinions posted already – but did have to post myself to say OMG Karin, that body farm info totally grossed me out. You’re lucky I didn’t get sick on your cute shoes once she was talking about maggots and boiling and all the rest! LOL
by Tawny August 24th, 2007 at 11:56 pmKarin, great blog! And like, Tawny, the opionions posted are great. I’ve heard about the body farms, and really wish I’d been sitting with y’all during the talk. Your friend’s reaction made me smile. Yep, I’d puke! Off topic, no not really, but I think what Vick did was horrible and he should be punished to the full extent. But what really irks me is that our society has really gone to the dogs! Pun intended. You get more organizations and crowds rallying when animals are killed, than when a cop is killed, or a child is molested. What in the hay is going on out there? Maybe we need to look at these animal organizations and take some lessons for humankind? I’m with Gary, bring the guillotine back!
by LaDonna August 25th, 2007 at 7:34 amAh, forgot to add I really get passioniate about crime, can you tell?
by LaDonna August 25th, 2007 at 9:17 amLOL I wasn’t going to out you, Tawny!
LaDonna, it’s fascinating really to see how upset people get over animals being tortured vs humans.
by Karin August 25th, 2007 at 10:18 amI guess it has to do with animals truly are innocent. Not that children aren’t, because they are. Torture to any living creature turns my stomach. I am sickened by it all.
Karin, couldn’t have said it better!
by LaDonna August 25th, 2007 at 11:47 am