All the Evidence That Fits – God of the Machine
Apr 242003

Sent to The New York Times today. OK, it’s barrel-fishing. I had some free time.

To the Editors:

Bob Herbert’s mendacious column of April 24th on the near-execution of Delma Banks Jr. in Texas omits every piece of evidence that convicted him. Banks was the last man seen with the murder victim, Wayne Whitehead. He unwittingly led the police to the home of Charles Cook, where a gun was found that was matched to the murder on unrebutted ballistics evidence. Cook testified that Banks showed up at his house the morning after the murder with the gun and Whitehead’s car. None of this was disputed at the time or to this day. It is true that the prosecution witnesses perjured themselves and later recanted on minor matters, that the prosecution committed various acts of misconduct, and that on this basis Banks probably deserves another trial. But “a complete reading of the record, including facts uncovered during his appeals, shows that he is most likely innocent”? Come on. If Banks didn’t commit the murder himself, he must know a good deal about who did. So why isn’t he talking?

Herbert is no better with logic. He hauls out the tired argument that the death penalty should be abolished because executions occur far more frequently when whites are the murder victims than when blacks are. Assume this is true. How does it prove that the executions that do take place are unjust? Justice is an individual, not a social matter. One could as easily conclude that more murderers of blacks should be executed.

Sincerely yours,

  5 Responses to “All the Evidence That Fits”

  1. Wow, you actually want Bob Herbert to think in a straight line, even if only for a few steps? That’s asking a lot, isn’t it?

  2. The Times accidentally sent a reply to me, must’ve got our addresses mixed up:

    "We can’t believe you think the guy did it. I mean, to kill someone in cold blood like that – how you can think someone could do such a thing is beyond us. We need to start loving our fellow man, not condemning him. It’s about human bonds. It’s about giving people a chance. It’s not about evil, or the cold calculation of ‘evidence’."

  3. C’mon, Aaron. Pick on someone your own size.

  4. I remember when Wayne Whitehead was killed. It sent a chill through our entire community. I followed the trail, although I was only 17 at the time. The one thing the Left doesn’t want to focus on in this emotional circus is what DID happen that night in Nash, Texas.

    From what I saw in the evidence and from what people close to the court have told me, Banks was guilty as Hell. Just because a redneck lawyer didn’t mind his P’s and Q’s doesn’t dispute that fact.

    In Memory of Wayne Whitehead.

  5. I was the common law wife of Delma, and class mate of Richard,and am the mother of Delma’s children.First let me say, I have compassion for Richard’s mother for I am a mother;no one should experience their child being murdered.
    Second, my own father was murdered in cold blood before witnesses.His killer is walking the streets today,and never spent much time in jail because both agressor and victim are black.My father was a law abiding, hardworking father of 12children.I do not hate his murderer.If I met him on the street I would say,” I hope you made things right with the creator Yahweh”.
    Thirdly, I know all the true facts .Delma did not do this horrible crime.If he had done it, I would have said,” shame on you, you better get right with Yahweh,and prepare for just punishment”. The only justice received so far was the supreme court ruling,however;they should have gone a step further and kicked the whole case out ,or at least ordered a new trial. Everything is based on rules of law.If he were given a new trial based on all the true facts uncovered, He would be found not guilty, and totally pardoned.The rules don’t allow new information to be introduced.
    At any given time with the right circumstances, a case can intentionally be made against YOU,and YOU find yoursef framed and convicted. BEWARE.There should be equal justice for all.Every life has value.

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