Monday, March 15, 2010

Hello Seth, Thank you for the letter. I will move this over to my blog and answer it there. Thank you for your concern and insight.



Tim
I sent this through Prisonwives id website. Since I thought it might be
public I made sure to dramatize the issue. Sorry for the redundancies. I did
not have time t6o fully edit.
If clemency is the only resort now I guess moral indignation at the courts
is probably
noit a wise approach-- but it is certainly warranted.
If nothing else it may be edifying to Deion to know that a 'psychologist"
in NY thinks that SHE is the victim.
Hopefully your appearance on Larry King will help. You could probably get
on MSNBC as well, Rachel Maddow etc
SF




>
> Tim,
> I spoke to you earlier--Sunday about 7 P.M.(NY time). As you may recall I
> am a psychologist and a writer in NYC.
> I forgot to get your email address. I think we are in philosophical
> agreement--the prison-industrial complex's primary goal is to provide jobs and
> make money, not to serve the needs of society, and certainly not to
> rehabilitate inmates.
> I was appalled that a young woman was put in prison for life w/o parole
> for a murder she did not commit. I did not know the salient details until
> I spoke to you.
> You said her lawyer was a divorce lawyer, and thus unqualified. But he
> must have also been stupid and/or corrupt. As I understand it the state's
> only witness against Deion was the man who committed the murders! And who
> had to blame Deion or be put to death. He should have had no credibility as a
> witness whatsoever. Correct me if I am wrong but Deion had no intention of
> killing anyone. The only witness claiming Deion had intent to kill was the
> man who pulled the trigger.
> It seems to me that Deion has been a scapegoat of a noxious male
> chauvinist culture, of which the court system in Tennessee was one virulent and
> powerful agent. Like the ACLU, I believe that "felony murder" is always a
> bogus charge and should be taken off the books, but in Deion's case,
> convicting her on the basis of the murderer's testimony is particularly egregious.
> The scapegopating of Deion for this crime constitutes a case of legal
> rape, a legal gang-banging compounding the physical rape she was subjected to
> repeatedly in Huntington. It reminds me of the women centuries ago who were
> demonized and accused-- by women-hating male clergy-- of being witches and
> burned at the stake. Deion's trial was A WITCH TRIAL. There was no due
> process. This was an ugly male chauvinist hate crime.
> I hate to sound psychological but I have to say that I believe that the
> "justice system" and the community of Tennessee were unconsciously trying
> to absolve themselves of their own feelings of failure as caretakers of
> their own children and youth, by scapegoating a young woman--Deion-- by
> depicting her as the personification of evil when she was just doing what she
> had learned she had to do in order to survive: what the men told her to do.
> The fact that Deion still feels responsible for the crime committed by her
> ex-boyfriend indicates the degree to which she has internalized the
> perspective of those around her-- that women are to blame. For
> everything--particularly for men's crimes. That's why I asked you to convey to Deion that I
> believe that she is a victim now--in the words of the US constitution--of
> "cruel and unusual punishment" by the courts.
> I am sorry to hear she has exhausted her appeals. Can it not be taken to
> a federal court? To depend upon a Governor
> who probably rarely gives pardons to disadvantaged minorities (in this
> case a woman from a poor home) seems rather bleak.
> I have a lot of friends who are political activists in the Green
> Party--in which I used to be active. If it would be any help I could send out a
> description of her case (if you could werite a few succinct paragraphs) to a
> couple hundred people who are activists against injustice, including a
> couple lawyers. You could probably get more publicity up here--but if your ONLY
> recourse is to appeal to your Governor I suppose that would not help? Have
> you spoken to legal experts at the ACLU? Or better yet speak ASAP to legal
> authorities at the National Organization of Women (NOW).
> It seems to me, as I indicated above, that this IS a political case, and
> you may be able to get some help, or play some legal card, based on those
> grounds. (But of course you may have explored all that already.) Believe me
> I am NOT the type who is inclined to readily cry "sexist," but in this
> case (taking into account the background I read in your blog) it screams out
> to me. I think many people here in NY would agree with me that Deion was
> victimized by well to do powerful white MEN in the Courts who for complex
> psychological and sociological reasons
> convicted her of a crime she did not commit, and deprived her of all her
> opportunities that are supposedly our heritage as Americans. These men who
> charged a poor disadvantaged young woman with a capital offense and
> sentenced her to life without the possibility of parole have no conscience, no
> heart. If these men--the judges and the prosecutors--had any decency, any
> responsibility as authority figures, they would have seen that Deion pled to a
> minor charge, and was given probation and psychological counseling. I do
> not mean to exonerate the jury--they too bear responsibility for the legal
> murder (life without the chance of parole) committed by the state of
> Tennessee against a poor young woman.
> Keep me informed.
> Sincerely, Seth
> Seth Farber, Ph.D.
> www.sethHfarber.com
> PS Feel free to use or quote from this letter.
>

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4 Comments:

Blogger Unknown said...

Dear Seth Farber, PhD

I just want to clarify some information you were given. The so called "divorce lawyer" that represented Teresa in her first trial in fact was a public defender for Kentucky for several years in six counties. He did have experience to represent her. He was court appointed to her. He had represented several criminals in Kentucky for murder who also were up against life without parole and death. I worked for him at the time of this incident. I am now in another state and working on a masters degree in psychology.

7:50 PM  
Blogger Tim McDonald said...

Hello Forensic,

Thank you for the comment. I presume you speak of Shipp Weems. The previous writer meant Teresa Marshall, Deion's lawyer at Post conviction.
Shipp Weems is the lawyer who met his client, Deion, in jail and asked her about being raped, which she was. At the close of his conversation he remarked, "You're getting more sex in jail than I am at home" and he and his colleague Steve West laughed. They victimised their client. No wonder she attempted suicide. Shipp is welcome to comment. I only have Deion's side.
Tim McDonald

5:15 AM  
Blogger Seth Farber said...

Dear Forensic Psychologist,
Yes I realized after I became more familiaqr with the facts that the divorce lawyer was her appeals lawyer.
I did not kinow that her public defender had so much experience. That makes his inadequate assistance of coun sel all the more egregious. Even the magazine Nashville Scene commented that it was irresponsible for her attorney
not to call the psychiatreist to the stand until the sentencing phase. If he was not incompetent, he was criminally delinquent. Radfoird whipped the jury into a frenzy by persuading them that Deion wanted Brooks to die--that Smothers was complying with her wishes. It was critical that witnesses be called who could have testified to Deiuon's state of mind. Mr Weems not only failed to call the psychiatrist, he failed to call nthe only other eyte-witness to testify, Stacy. I understand Mr Ramsey was reluctant to testify--but that is not a privilege he has. Other than what is covered by the 5th Amendment Mr Ramsey had to testify. He should have been called as a witness by Weems anbd held in contempt of court if he refused to aqnswer relevant questions. Had Weems prewsented a compelling narrative to counter Radford's allegation that Deion was a witch--in effect--Deion would have been acquitted.I hope he did a better job for his other clients.
Thanks for clarifying though--it enhances my understanding of tghe injustice.
I am a critic of the mentalo health system BTW. You might find my first book of relevance, although I have no experience in forensics. Like Thomas Szasz though I do not believe in "mental illness." (Consequently I don't believe in the insanity defense--but I shiould add I also object to the extremely punitive nature of the criminal justice system).
Good luck,
Seth
www.sethHfarber.com

7:03 PM  
Blogger sauceywitch said...

I hope Dion rots in prison for the rest of her rotten life. She needs to pay for her horrible crime.

5:51 AM  

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