Greetings from the Center for an Informed America(dave@davesweb.cnchost.com)
NEWSLETTER #48The DC Sniper Trial, Part IVDecember 31, 2003www.davesweb.cnchost.com/nwsltr48.html "The serial killer mythology, a creation of the FBI's BehavioralSciences Unit, has played a prominent role in the atomization of 'Western'society (which is already at a very advanced stage). The objective ofthe 'powers that be' is to continue the process until all remainingsocial bonds have been shredded -- until the people, broken up intoarmies of one, have lost the ability to fight back against the rapidlyencroaching fascist police state." "In January 1979, Jeffrey Dahmer joined the U.S. Army and requested that
he be trained as a military policeman. The Army though opted to sendhimto Ft. Sam Houston, near San Antonio, Texas, for training as a medic.When that training was completed, he was sent to an Army hospital inWest Germany to work as an orderly. That did not work out too well,however, and Jeffrey was released early with an honorable discharge. Helater became a 'serial killer'… What does it do to ourrespect for human life to hear frenzied debates among governmentofficials about the swiftest, surest way to kill the presumedcriminals?" What does it do? It cheapens and degrades human life, just as virtuallyall aspects of Western popular culture cheapen and degrade human life.Every time you turn on a television - or walk into a movie theater, orthumb your way through the latest bestseller, or fire up acomputer/video game - you see human life cheapened and deathtrivialized... you see violence, sadism and vigilantism glorified ... you see aworld devoid of empathy, of sympathy, of decency, of compassion ... yousee a lack of understanding, of even a desire to understand ... you seethe celebration of ignorance, pettiness, and vindictiveness. You see, in other words, the open promotion of a lynch-mob mentality.You see, coming from all directions, a massive propaganda barrage aimedat instilling in the American people a thirst for public bloodlettingas a cure for our ailing nation. What we bore witness to, in the guise of a legitimate legal proceeding,was a two-pronged effort to both obliterate the line between crime and'terrorism,' and to sell to the masses the idea that the way to healour wounds and make ourselves whole again is through wholesalebloodletting. All we need do is identify the 'terrorists' -- and then kill them. Killthem all. As with most 'serialkiller' cases, the murders served several purposes, one of which is todisguise the nature of targeted killings Another function served by 'serial killers' is to provide a pretext fora full-blown media circus, thereby providing a handy distraction frommore substantive issues. The most important function served by any 'serial killer' case is,without a doubt, scaring the hell out of the American people." After a lunch break, John Allen Muhammad's trial moved immediately intothe penalty phase. Judge Millette began the proceedings by issuing yetanother unusual ruling; according to the Baltimore Sun, "Millette, Jr.ruled that prosecutors would be allowed to introduce so-called 'victimimpact testimony' only from the family of Dean H. Meyers." In other words, after allowing everything under the sun into the guiltphase of the trial, the judge was now going to limit prejudicialtestimony in the penalty phase to the actual crime that Muhammad wascharged with. Can you say "Bizarro World"? Millette's decision was touted by the media as a huge victory for thedefense team -- indeed, the first significant ruling to go its way.Prosecutors were said to be crestfallen -- but only until theyremembered that they had already introduced 'victim impact testimony'concerning at least a dozen uncharged murders during the guilt phase ofthe trial. In truth, Millette's ruling was no gift to the defense; it was anacknowledgment that prosecutors had already presented the penalty phaseof their case. Conway acknowledged that as well when he responded to thejudge's ruling by explicitly instructing jurors that everything they hadalready heard was now "fair game." In addition to everything they had already heard, the state had prepareda bombshell to drop on the unsuspecting jury: if the sniper team had notbeen stopped, prosecutors solemnly informed them, the jurors would havebeen the pair's next victims. According to returning witness John Hairof the FBI, the stolen notebook computer (that vast reservoir ofincriminating evidence) revealed that three specific locations in theHampton Roads area had been identified as future targets. The trial, itwill be recalled, had been moved to Hampton Roads - 200 miles from thenearest shooting scene, but just a stone's throw from the Naval AirStation Oceana - specifically because it was in an area of the statethat was not directly affected by the shootings. Although it was Hair's testimony that most visibly affected the jury,the most provocative witness called by the state was Navy gunner EarlLee Dancy of Tacoma, Washington. Dancy, it turns out, is the previouslyunidentified witness who implicated Muhammad in both a murder and anattack on a Jewish temple. On the stand, Dancy contradicted himself frequently and was caught inseveral lies. He testified that he had allowed Muhammad and Malvo tostay at his home, with ready access to his guns, for several weeks inearly 2002, but he offered no credible reason for doing so. He admittedthat he had given widely varying accounts of his relationship withMuhammad to various law enforcement officers. He admitted lying toauthorities on a number of occasions about a rifle that he claimed thathe had bought for Muhammad. He denied that he had ever pawned a gun,until he was confronted with the evidence, at which time he admitted tohaving pawned at least nine guns. He acknowledged, when asked directly,that he was a liar. What makes all of this rather odd is that it was Dancy's guns that werepurportedly used in at least two crimes, one of them the murder of ayoung Tacoma woman. And yet it is not Earl Dancy who stands publiclyaccused of the crimes, it is John Muhammad, even though the onlyevidence against Muhammad appears to be the testimony of an admittedliar who can't keep his story straight and who has a vested interest inpinning the crimes on someone other than himself. Go figure. On Thursday, November 20, after defense attorneys had presented anotherabbreviated case on behalf of their client, the state's and thedefense's closing statements were delivered. Prosecutor Paul Ebert thenhandled the state's final rebuttal argument, which consisted largely ofonce again displaying photos of the victims both in life and in death. The jury, after being improperly instructed, began deliberating the nextday. Since it was a Friday, court was adjourned at around 1:00 PM, rightafter Judge Millette fielded two remarkably revealing queries fromjurors. Neither received much more than a passing mention in pressreports. Shortly after 12:30 PM, Millette received a note from a juror that read:"If the jury cannot reach a unanimous decision, what happens then?" As afew reporters noted, the judge did not answer the question directly.Instead, he spoke of the time that had been invested in the trial, andhe emphasized that "we really want to try to get a unanimous decision.You have all weekend to think about it." If the judge had bothered to answer the question directly, he would haveinstructed the jury that a unanimous decision was only required to handdown a death sentence; anything short of a unanimous decision wouldresult in the imposition of the default sentence of life imprisonmentwithout the possibility of parole. Amazingly enough, the jury had not been given that most basic of juryinstructions. And even more amazingly, when asked directly for theinstructions that should have already been provided, Judge Millette gavea response that strongly implied that a failure to reach a unanimousdecision would result in a hung jury, when the truth was that if thejury was in fact 'hung,' then the jurors had already reached a verdict. Millette instructed the jury to continue deliberating as long as wasnecessary to reach a unanimous decision -- in other words, to continuedeliberating until they could return with a recommendation of death. Hetold jurors they had all day Monday, and even Tuesday (which hadpreviously been announced as the beginning of the Thanksgiving holiday),to continue deliberating. After that curious exchange, jury foreman Jerry Haggerty was quick toassure the judge - and more importantly, the media - that the questionwas based merely on curiosity and did not reflect a division within thejury. That wasn't quite true; it was later revealed by the L.A. Timesthat "during a straw poll Friday ... several [jurors] had leaned towardsparing Muhammad's life." Did I mention, by the way, that Haggerty is aretired Navy captain and judge advocate? After Judge Millette had fielded the first question, he receivedanother, possibly even more revealing, question from an unidentifiedfemale juror, who inquired, incredibly enough, whether she could do someresearch on her own over the weekend. Told that she could not - that herdecision was to be based solely on evidence presented in court - shenevertheless persisted in asking for permission to pursue outsidesources, explaining that she intended to research other death penaltycases. Despite the fact that the juror had clearly signaled that she intendedto base her decision at least in part on materials obtained outside thecourtroom, there was no request by either team of attorneys to have thejuror removed and replaced with one of the three alternate jurors, norwas there any request to have the jury sequestered for the duration ofthe deliberations. That in itself was rather odd. Perhaps even odder was that the woman hadbeen seated on the jury despite the fact that she had openly expressedreservations about capital punishment during the juror selectionprocess, and despite the fact that prosecutor Ebert's primary litmustest for prospective jurors had been that they be willing, even eager,to impose a death sentence. Did I mention, by the way, that the juror who posed the question wasidentified in one press report as a "former Naval intelligence officer"?And did I mention that, given her current employment at the Center forNaval Analysis, the 'former' part of that identification is debatable? I'm going to go out on a limb here and suggest that, perhaps, the jurorwas a 'plant' (as was, most likely, the jury foreman). The unnamedfemale juror's job was to feign initial opposition to capital punishmentso that when she later voted in favor of imposing it, she couldhopefully sway other jurors to do likewise. Her question to the judge,coming just after the other juror's question, seemed to be a prettyclear signal that there were problems in the jury room -- specifically,the state had failed to sway several jurors and fresh arguments wereneeded to bring them into line. The jury, incidentally, was seated in record time given both themagnitude of the charges and the wholesale contamination of the jurypool. The fifteen panel members (twelve jurors and three alternates)were selected from a pool of only 123 prospective jurors in justthree-and-a-half days. By way of comparison, it took seven weeks to seatthe jury that heard the evidence against the 'Unabomber,' who wassimilarly accused of committing a series of impersonal murders acrossseveral states. With no more questions forthcoming, Muhammad's jury was dismissed forthe day. Judge Millette then stepped down from the bench to congratulatethe opposing attorneys, offering the following words to Ebert (whoheaded what the judge referred to as the "dream team," and who had beenMillette's boss from 1986 to 1990): "Best job you've ever done, Paul."Greenspun then received the following accolade: "You exceeded even myexpectations." It is unclear exactly what "expectations" Millette was referring to, butit certainly couldn't have been his "expectations" that Greenspun wouldaggressively defend his client. It is difficult to say exactly what transpired during the weekend breakfrom deliberations, but after assembling for just ninety minutes on thefollowing Monday morning, the previously divided jury returned with aunanimous request that the state of Virginia execute John AllenMuhammad. Formal sentencing was set for February 12, 2004, when JudgeMillette will formally impose the sentence recommended by the jury. According to the L.A. Times, one juror who changed his mind over theweekend, Dennis Bowman, could "cit[e] no clear cut reason" for doing so.Juror Heather Best-Teague offered this seemingly contradictoryexplanation: "I can't say we're all good with the decision, but we knewwe made the right one." Paul Ebert hailed the decision, reached after just five-and-a-halfhours, as a "victory for society." Muhammad, he said, is "the kind ofman that doesn't deserve to be in society." In the world that Ebertinhabits, there are apparently a lot of people who don't deserve to bein society: Muhammad is the thirteenth man that he has personally sentto Death Row, making him the state's most prolific serialkiller/prosecutor. As jurors return to their lives and jobs, John Muhammad will findhimself on a fast track to the execution chamber. Virginia trails onlyTexas in the pace of executions. The average time from sentencing toexecution - four years - is half the national average. And the statedoesn't shy away from executing juvenile defendants. Those are some ofthe very reasons that John Ashcroft hand-picked Virginia as the statewhere Muhammad and Malvo would answer for their alleged crimes, eventhough ten of the thirteen sniper victims were shot in Maryland.Ashcroft also hand-picked the prosecutors, whom he described as"seasoned and highly respected." Behind the scenes, the change of venue for the trial was likelyhand-picked as well. In addition to guaranteeing a jury pool teemingwith Naval intelligence types, the move insured that there would be nopublic viewing of the trial. The courtroom reportedly had only 53 seats,including the ten seats occupied by the prosecution and defense teams.Most of the rest were filled by victim's family members and mediarepresentatives (who were likely also hand-picked). Only five seats wereset aside for the public. All cameras were banned from the courtroom,save for a closed-circuit feed to a press room. Judge Millette was probably hand-picked as well, which would explain whyhe continued to helm the trial after it was moved 200 miles away fromthe original venue. Judge Millette, incidentally, was the jurist whoonce presided over the trial of John "how many of those patches will Ineed to get it to grow back?" Bobbitt. In separate proceedings, PaulEbert was the prosecutor who failed to convict his spouse, LorenaBobbitt. Defense attorney Greenspun had his own brush with notorietywhen he defended Marv Albert on sodomy charges in 1997. More tellingly,his partner Shapiro is currently representing Brian Regan, a retired AirForce sergeant accused of being a spy. And Robert Horan, who washand-picked by Ashcroft to handle the prosecution of Malvo, spearheadedthe prosecution of the man who was recently executed for allegedlyopening fire outside CIA headquarters in 1993. Needless to say, it takesa very special kind of attorney to handle cases of that nature. * * * * * * * * * There has been almost no critical media analysis of the Muhammad trial.At only one point during the proceedings was any outrage expressed bylegal commentators, and that outrage wasn't over Judge Millette'squestionable rulings, or his wholesale admission of prejudicialevidence, or his inappropriate jury instructions; it was over the factthat Muhammad insisted on exercising his constitutional right torepresent himself. Leading the charge in insisting that Muhammad be denied that most basicof rights was Alan Dershowitz. There was too much at stake, wroteDershowitz, to allow such "foolishness." Allowing Muhammad to defendhimself, the pundit argued, was tantamount to "bestowing on defendants aconstitutional right to commit suicide." But was it really the defendant's potential failure to mount an adequatedefense that Dershowitz was concerned with? Could Muhammad have possiblydone a worse job defending himself than his appointed attorneys? Thathardly seems likely. In fact, despite a number of press reports to thecontrary, Muhammad performed quite capably during his very brief careeras an attorney. The Baltimore Sun reported that, despite having "noformal legal training, Muhammad vigorously questioned witnesses andargued legal technicalities." He also "proved able during several sharpcross-examinations." Judge Millette acknowledged that Muhammad "appearsto be competently representing himself, he appears to be asking theappropriate questions, and he appears to understand everything that'sgoing on." Perhaps, then, what really concerned Dershowitz and his fellowopinion-shapers was the possibility that even an untrained attorneycould perform capably enough to expose the fraud being perpetrated bythe state. Dershowitz, by the way, penned a book on the theft of the2000 presidential election, thereby reaffirming his 'liberal'credentials, and then just months later used his bully pulpit to loudlyand cravenly promote the liberal cause of allowing the illegitimate newadministration to institutionalize the use of torture on 'terrorist'suspects. One question that remains unanswered is why Muhammad - who had beenquite insistent that he be allowed to defend himself, and who was quiteanimated during his brief stint as an attorney - suddenly reversed hisdecision and thereafter sat silent and expressionless throughout theremainder of the trial, offering no protest over his defense team'sfailure to mount an actual defense. Perhaps the answer can be found in the fact that Muhammad was held inisolation throughout the trial, denied contact with both visitors andother inmates. His only contact was with his captors and with members ofhis 'defense' team. His current mental status is, therefore, unknown.All mental health testimony was barred from trial, denying jurors anyplausible explanation of how a 42-year-old man with no history ofviolence (except for the officially sanctioned violence performed at thebehest of Uncle Sam) suddenly transformed himself into a 'serialkiller.' The judge's barring of all such testimony was purportedlyprompted by Muhammad's refusal to be examined by the state's experts --a refusal that was, perhaps, quite understandable. But there is littlereason to believe that the defense's 'experts' weren't cut from the samecloth. Muhammad's ex-wife testified that his behavior changed dramaticallyafter his participation in 'Operation Desert Storm.' He was never, shesaid, quite the same after that. So if we are to accept that Muhammadwas in fact the DC Sniper, then should we not be asking a question thatno one at trial, and no one in the media, bothered to ask: how many JohnAllen Muhammads will be coming home from Iraq this time? Vietnam gave us such notorious 'serial killers' as Leonard Lake (whoseWilseyville, California property yielded the butchered and buriedremains of as many as 25 victims), Arthur Shawcross (who claimed to havehad 39 confirmed kills in Vietnam, and 12 more in the States), and,indirectly, Richard "The Night Stalker" Ramirez (who was mentored by acousin who returned from Vietnam with eight shrunken human heads and anextensive collection of grisly Polaroids depicting the brutal rape,torture, murder and mutilation of his Vietnamese victims). How many men conditioned to kill, and to enjoy killing, will be cominghome from the wars in Afghanistan and Iraq? * * * * * * * * * Parallels to the Muhammad prosecution abound in the 'serial killer'literature. Ebert's strategy, for example, borrowed heavily from VincentBugliosi's prosecution of California's most famous inmate, CharlesMilles Manson (Bugliosi, by the way, also penned a book on the theft ofthe 2000 election) . As some readers will recall, Charlie Manson did not actually kill any ofthe victims whose murders he was charged with. In fact, prosecutorsacknowledged that Manson was not even at the scenes of the crimes whenthe murders were committed. And yet he was convicted of the murders andsentenced to death (later commuted by a Supreme Court decision) based onthe state's contention that those who did commit the murders werecompletely under Charlie's control. Just as the state of Virginia has done with Lee Boyd Malvo, the state ofCalifornia prosecuted, and sought death sentences for, Charlie'sfollowers, even though, by the state's own arguments, the actual killerscould not control (and therefore should not be held legally responsiblefor) their actions. And in both Virginia and California, althoughbrainwashing/mind-control was an explicit aspect of the state's case, noone ever publicly questioned whether the alleged puppeteer could himselfbe a puppet. Ebert's strategy also borrowed liberally from the prosecutions of'serial killers' Albert DeSalvo, Wayne Williams, and Bobby Joe Long,each of whom were convicted based primarily on the wholesale admissionof prejudicial evidence of uncharged crimes. Popular mythology holds that Wayne Williams was convicted of the"Atlanta Child Murders." In reality, however, Williams was never chargedwith, let alone convicted of, the murder of a single child -- for thesimple reason that the state of Georgia had no case. Williams wasbrought to trial for the murder of two adults, but the state did nothave much of a case to support those charges either. To compensate forthe lack of an actual case, prosecutors successfully muddied the watersand inflamed the jury by introducing evidence of no fewer than tenuncharged child homicides. Georgia Supreme Court Justice George Smithlater commented that Williams assumed an “unenviable position as adefendant who, charged with two murders, was forced to defend himself asto 12 separate killings.” Consider also the case of the lesser known Bobby Joe Long. Charged withcommitting a string of brutal serial murders of women, and also withcommitting a prolific string of concurrent, but unrelated, serial rapes,Long faced a lengthy series of trials in the state of Florida, all ofwhich were deeply flawed. One of his many convictions was lateroverturned by the Florida Supreme Court. In overturning the verdict, thehigh court specifically noted that only four hours of testimony had beenpresented on the murder for which Long was charged, while three entiredays had been spent admitting highly prejudicial evidence of othermurders that Long was not charged with. By the time the state of Florida was done with Bobby Joe Long, he hadreceived two death sentences and thirty-four life sentences, plus anadditional 693 years. Incidentally, Bobby Joe, the son of Joe Long andLouella Lucas, was a cousin of prolific serial killer/assassin/patsy(depending on who is telling the story) Henry Lee Lucas, who, for therecord, and despite what you may have heard, was the only Death Rowinmate to have his sentence commuted by Texas Governor George W. Bush. Consider also the case of Albert DeSalvo, who popular mythology holdswas convicted as the "Boston Strangler," although the truth is thatDeSalvo was never convicted of killing anyone. He was never even chargedwith killing anyone. And beyond an obviously fraudulent series ofinaccurate 'confessions,' obtained by his 'defense' attorney, there wasnever any evidence that supported the state's contention that AlbertDeSalvo killed anyone. What DeSalvo was charged with was a series of sexual assaults/robberies(Albert, like Bobby Joe, was said to operate simultaneously as both aserial killer and an absurdly prolific serial rapist), but there was aserious shortage of evidence to support the charges -- which meant,naturally, that it was necessary to introduce evidence of a dozen or souncharged murders, both to guarantee a conviction and to obscure thefact that the actual charges were entirely unsupported. This time, however, there was a unique twist to the strategy: theevidence of the uncharged crimes was introduced by the defense! Afterthe state had presented its paper-thin case in support of theassault/robbery charges, which the defense made no effort to challenge,the defense responded by presenting evidence purportedly tying thedefendant to thirteen uncharged murders! The attorney who presented that novel defense, without even a hint ofshame, described his strategy thusly: "I wanted the right to defend aman for robbery and assault by proving that he had committed thirteenmurders.” Prosecutors, needless to say, didn't have many objections tosuch a strategy. The defense claimed that the intent was to prove De Salvo insane byportraying him as a maniacal killer, and thereby win him an acquittal onthe far less serious charges that he was actually facing. The realintent, however, appears to have been to use the cover of the legalproceedings to 'convict' DeSalvo of the uncharged murders in the courtof public opinion -- which was the only way that he could be convictedgiven that there was no evidence to support an actual prosecution. The attorney who 'defended' DeSalvo - by first fingering him as theprime suspect, then coaxing a 'confession' from him (with help from CIAhypnotist William Jennings Bryan), and then presenting the state's caseand calling it a defense - should have been permanently disbarred.Instead, he went on to completely unwarranted fame and fortune. In fact,you may have heard of him. His name is F. Lee Bailey. In addition to the curiously parallel prosecutions, Albert De Salvo,Wayne Williams, Bobby Joe Long, and John Allen Muhammad had anotherthing in common: all took the fall for crimes that they almost certainlydid not commit. In recent years, relatives of the alleged killer and of some of thevictims have pushed for a reexamination of the Boston killings. Evidenceobtained through the recent exhumation of bodies has effectively clearedDeSalvo of some of the crimes he was 'convicted' of committing. Butdon't expect the official mythology to change any time soon; the recentinvolvement in the case of notorious disinformation-peddler GeraldPosner sends a clear signal that the true facts of the so-called "BostonStrangler" case will continue to be covered up. Many of the relatives of the children slaughtered in Atlanta do not nowbelieve, nor have they ever believed, that Williams was anything morethan a patsy -- for the simple reason that the available evidence nevercame close to indicating otherwise. The media, of course, happily playedalong with the state's ruse, billing Williams' trial as the "AtlantaChild Killer" trial, just as Albert DeSalvo's trial was billed as the"Boston Strangler" trial. The truth remains, nevertheless, that no onehas ever stood trial for the murders in either Boston or Atlanta (justas no one has stood trial for the ten sniper shootings in Maryland). Another parallel to the Muhammad case can be found in the trial of'serial killer' Herb Mullin. Mullin's defense counsel, James Jackson,began his opening statement by declaring: "Friday the 13th, October1972, Herbert William Mullin took a baseball bat and clubbed oneLawrence White to death.” Not only had he declared his client guilty ofmurder, he had declared him guilty of a murder for which Herb had nevereven been charged! Jackson also informed the jury: “We do not, as youknow, intend to argue the proposition that [Herb] did not commit thesekillings.” "We do not," Jackson may as well have said, "intend to actually defendour client." Jackson employed that very same strategy when he was calledupon to defend 'serial killer' Ed Kemper and 'mass murderer' JohnFrazier (Jackson was assisted in all three cases, incidentally, bypsychiatrist Donald Lunde, just as Bailey was assisted by Bryan). 'Serial killer' Gary Heidnik's attorney included this little gem in hisopening statement to jurors: "The judge said something this morningabout people being innocent until proven guilty. My client is notinnocent. He is very, very guilty.” Heidnik, incidentally, was keptheavily dosed with Thorazine throughout his trial and reportedly satexpressionless, staring straight ahead and saying nothing. He wasdescribed as being "nearly catatonic." Gary Heidnik had joined the U.S. Army in November 1961 and requestedthat he be trained as a military policeman. The Army though opted tosend him to Ft. Sam Houston, near San Antonio, Texas, for training as amedic. When that training was completed, he was sent to an Army hospitalin West Germany to work as an orderly. At that hospital, Heidnik becamethe involuntary subject of experimentation with powerful hallucinogenicdrugs (can you say MK-ULTRA?) Gary was then sent back to a militaryhospital here in the States and then released early with an honorabledischarge. He later became a 'serial killer.' In January 1979, Jeffrey Dahmer joined the U.S. Army and requested that
he be trained as a military policeman. The Army though opted to send himto Ft. Sam Houston, near San Antonio, Texas, for training as a medic.When that training was completed, he was sent to an Army hospital inWest Germany to work as an orderly. That did not work out too well,however, and Jeffrey was released early with an honorable discharge. Helater became a 'serial killer.' In September of 1948, Albert De Salvo was inducted into the U.S. Army.He was just seventeen years old and he was on parole, but Uncle Samdidn’t seem to mind. DeSalvo served for nearly eight years, spendingmuch of that time in West Germany, before being honorably discharged. Helater became a 'serial killer.'
I could go on here. I could go on for a very, very long time. But Iwon't. Instead, I will close by noting that there was one website thatdistinguished itself by offering principled (though limited) criticismof the Muhammad (and Malvo) trials: Findlaw.com. Elaine Cassel (apracticing Virginia attorney, author, and teacher), in her variouspostings, has denounced what she referred to as the "shameful treatment"of Malvo; condemned Ashcroft's selection of jurisdiction based solely onthe desire to obtain a death sentence; and linked the sniper case to theU.S. Supreme Court's January 27, 2003 decision to decline to review theuse of the death penalty on juveniles. Cassel also took aim at the strategy employed to garner Muhammad'sconvictions. Those convictions, Cassel wrote, "remain quite shaky." Shenoted three areas where there are strong grounds for appeal, one ofwhich she described as "an extremely prejudicial evidence decision[that] allowed families of several sniper victims to testify, eventhough there was no specific evidence as to the murders. Thus, thisevidence is of dubious, if any, relevance and may have been highlyprejudicial to jury deliberations related to guilt." The judge, Casselsuggests, "may have exceeded the bounds of his discretion." Cassel also questioned the judge's dubious decisions concerningMuhammad's purported role in the shootings. Specifically, Casselobjected to the instructions from judge to jury that they need only findthat Muhammad was an "immediate perpetrator" of the crimes, and thatthey could consider the car itself to be a murder weapon. Thoseinstructions, needless to say, certainly played a key role in garneringthe convictions. Most significantly, Cassel questioned the notion that a murder case canand should be treated as a 'terrorism' case. In addressing that issue,Cassel cut to the heart of what the DC Sniper trial was really about:In the Muhammad case, the concept of "terrorism" has been stretchedbeyond its breaking point. Broadly interpreted, without attention to itspurpose - as prosecutors have interpreted it - the Virginia law wouldview every crime meant to intimidate the civilian population as"terrorism." But this broad interpretation cannot stand, for virtuallyevery crime is arguably done with this intent ... In the end, when theproverbial smoke clears, the sniper trials may be remembered as alandmark in the post-September 11 attempt to broaden the term"terrorism." The appeal in the Muhammad case will test whether lawmakerscan extend the reach of this emotionally charged term to everydaycrimes.Well said. I would add only that there is virtually no chance thatMuhammad's convictions, or his sentence, will be set aside. If therewere any chance that an appeals courts would seriously and objectivelyreview what occurred in Millette's courtroom, the trial would not havebeen conducted with such a brazen disregard for the law. Tobias Barrington Wolff, also writing for Findlaw.com, has questioned"what it means for a civilized nation to be obsessively focusing itscollective attention on the swiftest, surest way that we can take morelife in response to horrible acts of murder ... What does it do to ourrespect for human life to hear frenzied debates among governmentofficials about the swiftest, surest way to kill the presumedcriminals?" What does it do? It cheapens and degrades human life, just as virtuallyall aspects of Western popular culture cheapen and degrade human life.Every time you turn on a television - or walk into a movie theater, orthumb your way through the latest bestseller, or fire up acomputer/video game - you see human life cheapened and death trivialized... you see violence, sadism and vigilantism glorified ... you see aworld devoid of empathy, of sympathy, of decency, of compassion ... yousee a lack of understanding, of even a desire to understand ... you seethe celebration of ignorance, pettiness, and vindictiveness. You see, in other words, the open promotion of a lynch-mob mentality.You see, coming from all directions, a massive propaganda barrage aimedat instilling in the American people a thirst for public bloodletting asa cure for our ailing nation. What we bore witness to, in the guise of a legitimate legal proceeding,was a two-pronged effort to both obliterate the line between crime and'terrorism,' and to sell to the masses the idea that the way to heal ourwounds and make ourselves whole again is through wholesale bloodletting.All we need do is identify the 'terrorists' -- and then kill them. Killthem all. * * * * * * * * * And what of the sniper shootings themselves? As with most 'serialkiller' cases, the murders served several purposes, one of which is todisguise the nature of targeted killings by mixing them in with aseemingly random series of murders (which is, incidentally, exactly whatHenry Lee Lucas claimed that he was paid to do). The most likelytargeted victim in the sniper case was Linda Franklin, though therecould be others. Another function served by 'serial killers' is to provide a pretext fora full-blown media circus, thereby providing a handy distraction frommore substantive issues. Distraction is, you see, one of the primarytools by which Washington maintains control. Keep all eyes focused onthe arrest, thousands of miles away, of an aging, disoriented, unkempthomeless man, and few will notice that Team Bush has bestowed uponitself extraordinary new police-state powers. Keep all eyes focused onMichael "Extreme Makeover Gone Bad" Jackson, and few will notice whenMiami police hold a dress rehearsal for New York City's 2004 RepublicanNational Convention. This is not meant to suggest, however, that 'serial killer' cases Should be regarded simply as useless distractions. There is, in fact, much tolearn from a thorough, independent examination of such cases -- butlittle will be gained from the sensational, disinformational,homogenized, fear-inducing coverage that such cases normally receive. This is also not meant to suggest that specific distractions arenecessary to keep the media focus off of the egregious crimes committedby the Washington elite. As becomes clearer with each passing year, theAmerican press corps can always be counted on to cover up and/or ignorethat which is deemed unfit for public consumption. But providingdistractions allows the American people (those who are paying attention) to continue deceiving themselves into believing that the massive U.S.media machine is not fundamentally corrupt, just easily misled. The most important function served by any 'serial killer' case is,without a doubt, scaring the hell out of the American people. As shouldbe clear by now to just about everyone, fear is another primary tool bywhich Washington maintains control -- fear of crime, fear of'terrorism,' fear of ruthless foreign tyrants intent on despoiling ourcherished way of life, fear of all the things that we must wage war on. No one can escape the pervasive fear that permeates 21st centuryAmerica. The gullible and intellectually lazy (which is to say, themajority of us) live in perpetual, and irrational, fear of 'theterrorists.' And so it shall always be. Every hollow victory trumpetedby the White House is quickly followed by an elevation of the 'terrorist threat level,' to remind the unthinking that, while we are definitelywinning the 'war on terror,' we will never again be safe. Those who have not yet lost the ability to independently analyze the'news' live in fear as well, albeit a different kind of fear -- theentirely rational fear that comes with living in a country where any'suspect' can be 'disappeared' indefinitely; and where, without awarrant, any home can be entered and searched, any phone can be tapped,any e-mail can be intercepted and read, any piece of mail can be opened, and any piece of luggage can be searched; and where exercising yourpurported right to express your dissatisfaction with the policies ofyour elected representatives can land you in jail, or in the hospital. Perhaps the only escape from the fear is through self medication --hence the wholesale use and abuse of pain killers and psychiatric drugs. Few things have struck fear into the hearts of Americans like thespecter of the marauding 'serial killer' -- a monster who kills withoutwarning, without pity, and without rational motive. It is precisely thesuddenness, the viciousness, and especially the alleged randomness ofthe killings that cause such fear. Anyone, according to conventionalwisdom, can fall victim to a 'serial killer.' Just as importantly, anyone can be a serial killer, hiding behind a Mask of civility. A co-worker. A neighbor. A friend. Even a family member. The serial killer mythology, a creation of the FBI's Behavioral Sciences Unit, has played a prominent role in the atomization of 'Western'society (which is already at a very advanced stage). The objective ofthe 'powers that be' is to continue the process until all remainingsocial bonds have been shredded -- until the people, broken up intoarmies of one, have lost the ability to fight back against the rapidlyencroaching fascist police state. And so it is that we now have lurking among us a new breed of mythicalcreature that preys upon society. As with 'serial killers,' no one issafe from the 'terrorists.' And no one is above suspicion. According toTeam Bush, someone doing something as seemingly innocuous as carrying An almanac could be a 'terrorist.' And while 'serial killers' have beenrelatively few in number, 'terrorists' will be everywhere.