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Opening Statement
April 17, 2015
Edited by Andrew Cohen
Opening Statement is our pick of the day's criminal justice news. Not a subscriber? Sign up. For original reporting from The Marshall Project, visit our website.

Pick of the News

“The defendant murdered our eight-year-old son, maimed our seven-year-old daughter, and stole part of our soul...” But in an open letter to prosecutors on the eve of the penalty phase of trial, Bill and Denise Richard ask the feds to drop the death penalty against Dzhokhar Tsarnaev. The Boston Globe Related: U.S. Attorney in Massachusetts says she must consider views of all victims, including those in favor of capital punishment for Boston Marathon bomber. The Boston Globe

What McVeigh wrought. “Instead of revolt,” writes Kevin Johnson, “the bombing joined an army of survivors and victims' families in an unparalleled campaign that forever altered the landscape of victims' rights in the USA.” USA Today Related: Interviewing the Oklahoma City bomber. USA Today More: A short history of the “patriot” movement, nearly 20 years to the day after the attack on the Alfred P. Murrah federal building. Southern Poverty Law Center

New questions arise in Oklahoma about qualifications of “pay-for-play” officer who killed unarmed suspect. Officials promise investigation after unnamed sources tell journalists that they were ordered to “falsify” Robert Bates’ records to make him appear more qualified than he was for police duty. Tulsa World

Failure to pay rent can land you in jail in Arkansas. It’s the only state where rent nonpayment is a criminal matter, and the fight over the law's effects is a battle (between lawyers and lobbyists) that offers national lessons. TMP’s Eli Hager filed this report. The Marshall Project

Prosecutor says death penalty won’t apply to South Carolina police officer Michael Slager, who shot unarmed Walter Scott in the back earlier this month. The State Related: Remembering Clifford Glover, a black child shot by a white cop in 1973. The New York Times

Another man walks off Alabama’s death row. William Ziegler cuts deal for freedom, three years after he is granted new trial. His first trial was marked by prosecutorial misconduct, ineffective assistance of counsel, and jury perjury. Al.com Related: Mystery over Georgia’s “cloudy” lethal drugs is solved — they were kept too cold while stored or transported. The Washington Post

N/S/E/W

The police in Seattle, Washington, have adopted a “de-escalation” program designed to reduce excessive-force cases. The U.S. Department of Justice Related: “Mellowed” chief of Seattle police union reflects upon his first year in office. The Seattle Times

There is a jury trial underway in Missouri over the use of a cage for an autistic boy, whose parents say they got it from state officials. The officials deny that. St. Louis Post-Dispatch

New Jersey state police overhaul promotion process amid allegations of corruption. Goal is to avoid expensive lawsuits claiming unlawful favoritism in job opportunities. The Star-Ledger

In North Carolina, friends and relatives of jailed prisoners question “lock back” that has inmates confined to cells for all but six hours a week. Officials say “surge in violence” necessitated the policy. The News & Observer Related: Prison officials in Texas move transgender inmate to “safekeeping” unit amid allegations of rape, harassment, and assault. Texas Monthly

Rank-and-file New York police officers are defending their right to write racist posts on “Thee Rant,” their online forum. ProPublica Related: Mayoral candidate in Philadelphia, Pennsylvania says, if elected, he’ll fire any cop who uses racist or homophobic slurs. Philly.com

Commentary

The Walter Scott Act. A controversial idea that could “revolutionize” child support: Lower the required payments from non-custodial parents, and then guarantee the payments to custodial parents with public funds. ThinkProgress

Fast, Furious, and Counterproductive. New York’s bold new plan to break the criminal justice logjam is a terrible idea — not because it isn’t well-intentioned, but because it shows a shocking naivety about how the system really works. Simple Justice

How not to win powerful friends and influence important people. Maybe Preet Bharara, the nation’s most famous federal prosecutor, ought to stop publically ragging on the federal judges before whom he and his Justice Department colleagues practice. The New York Times

Crotch Shot. A recent incident at Denver International Airport — two federal agents were fired for manipulating screening procedures — tells us it’s time to abolish the TSA. The Washington Post

The case against revenge-porn laws. Well, at least some caution about the unintended consequences. New York Magazine

No mas. With border crossings on the decline, it’s time for Congress to eliminate costly “bed quotas” at federal immigration detention centers — and it's time, too, to “put privatization on trial.” The Spokesman-Review

Big problem warrants big solution. California’s Attorney General — the one running for Senate — should empanel a blue-ribbon commission to investigate the rampant prosecutorial misconduct in Orange County. The Orange County Register

Etc.

First Person of the Day: Kijana Tashiri Askari has been in solitary confinement in California for over 20 years and counting. Here is his account of his transfer from one detention center to another — and his first glimpse of the outside world in two decades. Solitary Watch

Transparency of the Day: Behold the Dallas County, Texas list of police officers who have such credibility problems that prosecutors are loathe to rely on them in criminal cases. Dallas Observer

Video of the Day: Got 100 spare minutes this weekend? Watch this debate about the death penalty in America today. Intelligence Squared

Cross-Examination of the Day: “I'd appreciate it if you could look at me when we talk." What happens when a dogged defense attorney goes after a rogue cop on the witness stand. Philadelphia Daily News

Interview of the Day: “You don’t want to be a leader in the area of incarceration. You want to be the leader in the area of reforming it.” John Legend explains why he wants to end mass incarceration and why it makes sense to start in Texas. The Texas Tribune Related: If jobs or jail don’t work for young men, how about therapy? The Washington Post

Profile of the Day: What prompted Talia Lewis, an earnest young lawyer, to become a criminal justice advocate for the deaf and hard of hearing? Pacific Standard