Practising on me

By Brandon Astor Jones

[Editor's note: On September 23, Brandon Astor Jones' resentencing trial in Georgia ended with him being condemned to death. Here he comments on an aspect of the trial. Further information is included at the end of the column.]

“If there is any principle of the [United States] Constitution that more imperatively calls for attachment than any other, it is the principle of free thought -- not free thought for those who agree with us but freedom for the thought that we hate. -- Oliver Wendell Holmes, Jr, 1841-1935

Russ Parker, one of the Cobb County prosecutors, noted in open court that the jury had only been out for, “... 10 hours”.

Well, I was never very good at mathematics, but if the jury was out for three hours on Saturday, then out all day Monday and out for more than half a day on Tuesday, (keeping in mind that the Judge Ken Nix had routinely let the courtroom hours run from 9.30am to no earlier than 4.30pm, with one to one and a half hours for lunch) then the hours are more like 13 at least. Truth has never been the prosecution's strong suit.

During the course of their deliberation, the jury sent the judge three notes. The third note was just before midday; it said that they had reached an “impasse”. It went on to say that one juror was no longer taking part in their deliberations.

As I was led back into the courtroom, the jury was still out. The judge said that the juror opposed the other jurors' views for “philosophical” reasons. Under Georgia law, a juror is allowed to oppose a sentence of death for “philosophical” reasons.

The judge ordered the jury back into the courtroom and instead of declaring a mistrial and giving me a life sentence, as is provided by Georgia law when a jury has reached an impasse, the judge chose to charge the jury again with language that literally ordered that they all “must agree”.

The judge's charge coerced that lone juror into abandoning his or her philosophical position so as to comply with the judge's order. The judge had been fair and impartial throughout the trial, but when he charged the jury that last time, he became little more than an extension of the prosecution.

Alas, mine was Judge Nix's first capital case. several times during the trial, he asked the prosecution for instructions on how to proceed.

I remember that I likened his questions and behaviour, at such times, to that of a 747-pilot asking the steward for flight data ... as if s/he knew more about flying the plane. How do you put judicial training wheels on a judge in a capital case? There are no words to adequately describe how sad I am that he was allowed to practise on me.

[Brandon's attorney will shortly file an appeal against the sentence imposed. This will be heard first by Judge Nix, who conducted the trial. Readers may be able to help him reach a decision by writing short, courteous letters emphasising the humanity revealed in Brandon's columns, the contribution he has been able to make to society from death row and how his execution might affect them. (Do not argue against capital punishment in general, as this is not considered a relevant consideration in Georgia law.) If you know Brandon through correspondence or having met him in person, include that information. Letters should be sent to: Judge Ken Nix, Superior Court, Cobb County, Marietta, GA 30060, USA. Please send copies to Australians Against Executions, PO Box 640, Milson's Point NSW 2061, fax (02) 9427 9489. Funds for legal expenses are also badly needed Cheques can be made payable to “Brandon Astor Jones Defence Fund” and sent to Australians Against Executions.]

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