RICHMOND, Va. (AP) — A federal appeals court on Wednesday upheld the conviction and sentence of a man on federal death row for the 2015 racist slayings of nine members of a Black South Carolina congregation.
A three-judge panel of the 4th U.S. Circuit Court of Appeals in Richmond affirmed Dylann Roof’s conviction and sentence in the shootings at Mother Emanuel AME Church in Charleston.
In 2017, Roof became the first person in the U.S. sentenced to death for a federal hate crime. Authorities have said Roof opened fire during the closing prayer of a Bible study at the church, raining down dozens of bullets on those assembled. He was 21 at the time.
In his appeal, Roof’s attorneys argued that he was wrongly allowed to represent himself during sentencing, a critical phase of his trial. Roof successfully prevented jurors from hearing evidence about his mental health, “under the delusion,” his attorneys argued, that “he would be rescued from prison by white-nationalists — but only, bizarrely, if he kept his mental-impairments out of the public record.”
Roof’s lawyers said his convictions and death sentence should be vacated or his case should be sent back to court for a “proper competency evaluation.”
The 4th Circuit found that the trial judge did not commit an error when he found Roof was competent to stand trial and issued a scathing rebuke of Roof’s crimes.
“Dylann Roof murdered African Americans at their church, during their Bible-study and worship. They had welcomed him. He slaughtered them. He did so with the express intent of terrorizing not just his immediate victims at the historically important Mother Emanuel Church, but as many similar people as would hear of the mass murder,” the panel wrote in is ruling.
“No cold record or careful parsing of statutes and precedents can capture the full horror of what Roof did. His crimes qualify him for the harshest penalty that a just society can impose,” the judges wrote.
One of Roof’s attorneys, Margaret Alice-Anne Farrand, a deputy federal public defender, declined to comment on the ruling.
All of the judges in the 4th U.S. Circuit Court of Appeals, which covers South Carolina, recused themselves from hearing Roof’s appeal; one of their own, Judge Jay Richardson, prosecuted Roof’s case as an assistant U.S. Attorney. The panel that heard arguments in May and issued the ruling on Wednesday was comprised of judges from several other appellate circuits.
Following his federal trial, Roof was given nine consecutive life sentences after pleading guilty in 2017 to state murder charges, leaving him to await execution in a federal prison and sparing his victims and their families the burden of a second trial.
President Joe Biden as a candidate said he’d work to end federal executions. White House press secretary Jen Psaki said in March that he continues to have “grave concerns” about it.
Biden has connections to the case. As vice president, Biden attended the funeral for one of those slain, state Sen. Clementa Pinckney, who also pastored the congregation. During his 2020 presidential campaign, Biden frequently referenced the shooting, saying that a visit to Mother Emanuel helped him heal in the aftermath of the death of his son, Beau.
Roof’s attorneys could ask the full 4th Circuit to reconsider the panel’s ruling. If unsuccessful in his direct appeal, Roof could file what’s known as a 2255 appeal, or a request that the trial court review the constitutionality of his conviction and sentence. He could also petition the U.S. Supreme Court or seek a presidential pardon
Religious leaders and politicians react to the Saturday morning shooting at a synagogue in Pittsburgh, where a man killed 11 people and wounded six in one of the deadliest attacks on Jews in U.S. history:
“This evil Anti-Semitic attack is an assault on humanity. It will take all of us working together to extract the poison of Anti-Semitism from our world. We must unite to conquer hate.” — President Donald Trump.
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“We grieve for the Americans murdered in Pittsburgh. All of us have to fight the rise of anti-Semitism and hateful rhetoric against those who look, love, or pray differently. And we have to stop making it so easy for those who want to harm the innocent to get their hands on a gun.” — former President Barack Obama.
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“The actions of Robert Bowers represent the worst of humanity.” — Scott Brady, U.S. Attorney for the Western District of Pennsylvania.
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“Today, we saw another horrific act of hate at a house of worship — this time, the murder of at least eight congregants at Pittsburgh’s Tree of Life Synagogue … It reminds us of the slaughter of nine African American worshippers at Charleston’s Mother Emmanuel Church in 2015, the killings of six Sikh worshippers at a temple in Oak Creek, Wisconsin, in 2014, and, of course, the bombing of Birmingham’s 16th Street Baptist Church in 1963 that left four young African American girls dead. The violence in Pittsburgh follows on the heels of a string of attempted pipe bombings by a white supremacist who targeted frequent critics of President Trump. Our hearts go out to the families of the most recent shootings.” — Richard Cohen, president of the Southern Poverty Law Center.
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“We are devastated. Jews targeted on Shabbat morning at synagogue, a holy place of worship, is unconscionable. Our hearts break for the victims, their families, and the entire Jewish community.” — Jonathan Greenblatt, CEO of the Anti-Defamation League.
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“I was heartbroken and appalled by the murderous attack on a Pittsburgh synagogue today. The entire people of Israel grieve with the families of the dead. We stand together with the Jewish community of Pittsburgh. We stand together with the American people in the face of this horrendous anti-Semitic brutality. And we all pray for the speedy recovery of the wounded.” — Israeli Prime Minister Benjamin Netanyahu in a video message posted online.
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“This has always been a thought in the back of my mind, scenarios just like this. During the week the building is locked. We have a security camera to see who comes. But on Sabbath it’s an open door. And there are people right there where he would have walked in.” — Chuck Diamond, former Rabbi at the Tree of Life Synagogue.
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“When Jews are murdered in Pittsburgh, the people of Israel feel pain. All Israel are responsible for one another.” — Naftali Bennett, Minister of Education and Minister of Diaspora Affairs in Israel.
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“We are thinking of ‘our brothers and sisters, the whole house of Israel, in this time of trouble,’ as we say in the morning prayers. We are thinking of the families of those who were murdered and praying for the quick recovery of those who were injured. I am sure that the law enforcement agencies and the legal authorities in the U.S. will investigate this horrific event thoroughly and that justice will be served on the despicable murderer.” — Israeli President Reuven Rivlin.
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“We send our thoughts and prayers to those affected by this morning’s tragedy in Pittsburgh. We will continue to pray for everyone involved.” — Pittsburgh Steelers.
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“We are incredibly saddened to hear of this morning’s tragedy at the Tree of Life synagogue in Pittsburgh. We send our thoughts and prayers to all those affected.” — Pittsburgh Penguins.
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“We are sickened by this horrific attack at the Tree of Life synagogue in Pittsburgh’s historic Jewish neighborhood. Our thoughts and prayers are with the families of the dead and injured as well as the rest of the congregation and Jewish community.” — Simon Wiesenthal Center.
RACIAL TARGET: James Craig Anderson, a 49-year-old auto plant worker, was standing in a parking lot when two carloads of white teenagers allegedly jumped him, yelling racial epithets, before driving over him with a pickup truck.
A little less than a year ago, I pleaded with African Americans to stop using the word “racism” as a kneejerk response to any sort of problematic situation or behavior. As a way of demonstrating how possible it is, I vowed to abstain from using “the r-word” for at least a year, as a way of doing my part to tone down the rhetorical flame wars that have come to dominate contemporary political conversation.
My point in doing so was not to deny that racism exists, but rather, by temporarily banishing it, to allow the term “racism” to be reserved only for situations that truly call for it. The truth is that while racism still exists in various forms today, trying to call it out without subscribing to a commonly held and understood definition becomes problematic as racial dynamics in the United States of America continue to evolve. In other words, what racism is and looks like to me may be different from what it is and how it looks to you … if we can’t get that ironed out, how can we solve the race problem as it currently exists?
* * *
Today, I’ve broken my vow.
I’m sorry that I couldn’t go the whole year. I wanted to. Really, I did.
I probably would’ve been in the clear had I not read about the senseless vehicular homicide of James Craig Anderson in Jackson, Mississippi. According to eyewitness accounts and video footage, Anderson had been beaten severely by at least two young White males (whose names I will not dignify by referencing here), who had set out with the intent of bringing harm to the first Black person they ran across. And after one of them had left the scene, the other one literally ran over the victim with his truck … then bragged about it later at a local McDonald’s.
Let me say this slowly, so as not to be misunderstood.
THAT. WAS. RACIST.
* * *
That’s not all it is, of course. It’s also the work of a sociopath, whose behavior shocked his friends enough to cause one of them to lie when asked if she knew the assailant, and who, according to a local pastor, had a history of bullying other teenagers.
But make no mistake; this crime was mostly about racism.
The most sociologically accepted definition of racism is that it consists of race prejudice plus power.
The reason why the “plus power” part is added in there is because charges of racism are usually too easily dismissed by people who claim immunity because no one can see inside the heart. People in the public eye accused of racism, according to Jay Smooth of ill doctrine, usually try to turn public attention away from what they did and tend to frame the issue around who they are (“I’m not a racist! That’s not who I am!”).
Focusing on what a person did is usually a better way to resolve minor incidents, because the alternative is combing through the racial history of everyone who ever makes a racially insensitive comment or forwards a racist email, and nobody has that kind of time.
But in this particular crime, context matters. And you don’t have to be a regular on CSI to know that these crimes were, well … racist as hell.
If it had taken place in rural Oregon or Montana, I might’ve been willing to view this crime only as a momentary lapse in judgment. But the troubled racial history of Mississippi, too numerous to even attempt to recount here, casts an ominous light on this whole affair. The rest of the details just fill in the blanks.
Fundamentally, the beating and subsequent homicide of James Craig Anderson was the result of two White males, accompanied by friends, using their locus of power to inflict pain and suffering on, quite literallythe first Black person they saw. It was about them feeling entitled to inflict such pain by virtue of their racial identity, and expecting to get away with it for the same reason.
And whether or not it should be considered a hate crime, or whether or not hate crimes are a necessary classification in our criminal justice system… all of that is beside the point.
The point is this:
If THAT isn’t racist, then just forget it … the word no longer exists.
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Now that I’ve spent hundreds of words stating the obvious, it’s worth reiterating my previous stance.
If we as Black people can tamp down on our use of the word “racism” as a catch-all equivalent to “wrongdoing by White people,” it will help to promote more effective communication from people across various ideological and racial boundaries.
But it’s also necessary for an entirely different reason.
The blight of institutional racism is a tragic stain on American history, and it is cheapened every time we apply that word to conflicts and incidents of a vastly inferior magnitude.
Especially when we do it over the Internet.
The repeated rhetorical equivalency of heinous crimes with comical misunderstandings has produced such a climate of jaded skepticism on the internet that the very phrase, “that’s racist” has morphed into a caricatured catchphrase meme, complete with its own alternative spelling (“thassraycess!”).
* * *
If the latest horrific crime in Jackson has taught us anything, it’s that THIS is the real legacy of racism in America.
So like I said, I’m sorry I couldn’t go the full year.
But I’m sorry to say, some of us Black folks couldn’t go a whole month, or even a whole week, without complaining about racism. And if those complaints are about something trivial, like whether or not Chris Brown gets the same kind of media coverage as Charlie Sheen, we ought to keep our mouths shut.
Lost in the din of the Michael Jackson coverage late last month was news that the racially charged Jena 6 saga had officially come to an end — at least from a legal standpoint. The six African American teens from Jena, Louisiana, made national headlines and inspired emotional protests when they were charged with attempted murder for beating a white classmate in 2006. Many considered the charges too severe, and a massive demonstration was staged in September 2007 to oppose the ruling. After nearly three years of dramatic twists and turns, the case quietly wrapped on June 26. Now the Jena 6, as well as Justin Barker (the white teen who was beaten in the infamous skirmish), are free to move on with their lives.
The terms of the plea agreement were revealed in the course of a two-hour court hearing at the LaSalle Parish courthouse. Mychal Bell, the defendant who was initially convicted as an adult for aggravated battery against Barker but later pled guilty to a reduced charge in juvenile court after the adult conviction was overturned, had been sentenced earlier to 18 months under state supervision. Each of the five remaining defendants in the case — Corwin Jones, Jesse Ray Beard, Bryant Purvis, Robert Bailey, Theo Shaw — pleaded “no contest” to the misdemeanor charge of simple battery. Each was placed on non-supervised probation for one week and must pay a $500 fine and in most cases an additional $500 in court costs. In addition, a civil suit filed by the family of Justin Barker was settled when the Jena 6 defendants (including Bell) agreed to pay the Barker family an undisclosed settlement. Attorneys were not allowed to reveal the details of the settlement, but a reliable source has disclosed that the payment was approximately $24,000.
The Jena High School courtyard.
What lessons do we take away from the Jena 6 story? Six young men won’t be dragging a felony conviction into adult life. That’s reason for rejoicing, but as this saga approaches its third birthday, it’s fair to ask if we have learned anything.
“Jena 6” was briefly transformed into a popular movement that brought at least 30,000 people to the central Louisiana town of 3,000 in September of 2007.
Mass awareness of the Jena story was spread by the black blogosphere, radio personalities like Michael Baisden, internet-savvy organizations like Color of Change, and the brief but highly publicized involvement of civil rights celebrities like Al Sharpton and Jesse Jackson.
Unfortunately, the movement that culminated with the September 20th march lacked an end game. Nobody knew what came next, so not much did.
Or so it seemed.
The huge turnout on September 20th placed enormous pressure on Jena officials, but the key to success was community organizing, savvy media outreach, and strategic legal work.
My organization, Friends of Justice, helped lead the way. We started with the goal of recreating the coalition of reform organizations and legal firms that overturned a corrupt drug sting in Tulia, Texas. Long before anyone from the outside had taken an interest in the Jena story, we were sifting through legal documents, reading local newspaper accounts, and conducting dozens of personal interviews. When the facts were clear, we circulated a six-page narrative account describing what happened, why it happened, and what justice would look like.
Our narrative called for Judge J.P. Mauffray and District Attorney Reed Walters to recuse themselves from the Jena 6 cases. We supported a change of venue, a Department of Justice investigation, and a program of diversity training in the public schools. We knew none of this could be accomplished without a huge groundswell of indignation, but our first step was to unite and organize the affected community. The families and friends of the defendants gradually learned to withstand the pressure of an outraged white community and to tell their personal stories with verve and enthusiasm.
The families and friends of the Jena 6 had been gathering at a local black church and holding demonstrations on the steps of the LaSalle Parish courthouse long before CNN, NPR, and the Chicago Tribune were on the scene.
Just as the mainstream media was picking up on Jena, independent journalists and bloggers were warming to the story. Color of Change started collecting signatures for a petition and soliciting donations to a legal defense fund. Across America young black men and women were asking how they could help the Jena 6. The student body of Howard University got into the action and the civil rights community eventually swung its weight behind the Jena justice movement.
When I talked to the folks who came to the massive rally on September 20th it was quickly apparent that the folks who rode the buses were a bit fuzzy about the most basic facts. The general impression was that some white kids had hung nooses in a tree at the high school and black kids had retaliated by beating up one of the noose hangers. There was little understanding that Justin Barker, the victim of the December 4th beat-down, hadn’t been directly involved in the noose hanging incident or that the two episodes were separated by three months.
Jena, Louisiana, on September 20, 2007.
The facts in Jena were of secondary importance to the bus riders. They were drawn to Jena by personal experience. People told me they were there for a son, a boyfriend, or a nephew who had received grossly disproportionate treatment at the hands of the criminal justice system. These people had no trouble relating to the plight of the Jena 6.
When the crowds left Jena, the movement quickly ran out of gas. It didn’t matter. By that time the five Jena defendants still awaiting adjudication were represented by some of the best legal talent in America. D.A. Terry McEachern had been no match for the legal “dream team” that rose to the defense of the Tulia 46, and I knew Reed Walters would fare no better against the legal firepower he was facing. The facts were all on the side of the defendants. Another trial would have established the link between the hanging of the nooses in September and the tragic events of December. Reed Walters and his supporters in Jena’s white community simply couldn’t allow that to happen.
Five of Six: (from left) Theo Shaw, Jesse Ray Beard, Bryant Purvis, Corwin Jones, and Robert Bailey on the LaSalle courthouse steps following the settlement on June 26.
The Jena phenomenon demonstrates the power and the limitations of public narrative. Jena happened because public officials like Reed Walters and school Superintendent Roy Breithaupt didn’t want to revert to the apartheid world they were raised in, but they deeply resented the civil rights movement that had swept it all away.
Therefore, when Kenneth Purvis asked the high school principal if it was okay for black kids to sit under the tree in the school courtyard, these men froze. When white students sent a “hell no” message by hanging nooses in the school colors from that very tree, school officials insisted that the act was devoid of racial significance. When black students voiced their incredulity by gathering around the tree, Superintendent Breithhaupt called an emergency assembly in the school auditorium where D.A. Walters laid down the law. Turning to the black students who had been causing all the trouble, Walters reminded them that “with a stroke of my pen” he could make their lives disappear.
If Breithaupt and Walters had called a hate crime by its proper name, they would have validated the civil rights narrative they resented so deeply. So they resorted to threats. Nothing was going to change at Jena High School, and the black students would just have to suck it up.
Asked to explain his “stroke of my pen” remark at a pre-trial hearing, Walters admitted that he was angry with the students causing the unrest. The kids, he explained to the court, needed to “work out their problems on their own.”
Tragically, that’s precisely what happened.
Ultimately, Jena was a “Lord of the Flies” story about adolescent males functioning without adult guidance. If any of the remaining Jena cases had gone to trial, this version of the Jena story would have taken center stage. Unfortunately (and perhaps inevitably), this was not the way the Jena narrative unfolded in popular culture.
In Jena two powerful narratives competed for dominance. A “thug narrative” was concocted for folks who resented the civil rights revolution. Jena was about six black thugs doing what comes naturally and a Bible-believing prosecutor gutsy enough to hold them accountable. The hero of the thug narrative is Reed Walters, the victim is Justin Barker, and the villains are six black misanthropes. In the thug narrative, the noose incident in September was utterly disconnected from the the “attempted murder” of Justin Barker in December.
The people behind the massive September 20th protest embraced a “noose narrative,” which contrasted the lenient discipline meted out to the noose hangers in September with the grotesque prosecutorial over-reaction following the “schoolyard fight” in December. Reed Walters was a racist, this narrative argued, because he was way too soft on white kids and way too hard on black kids. In the noose narrative, the noose hangers are the villains, the Jena 6 are the victims, and the folks rushing to their assistance are the heroes.
While the noose narrative reigned in the blogoshpere, the thug narrative showed up in publications like the Jena Times, the Christian Science Monitor, and the Weekly Standard.
The “objective” mainstream media fell back on a “town divided” storyline in which angry proponents of the two competing narratives were given 15 seconds of fame.
This kind of noncommittal reporting left both sides vulnerable to criticism. Thug narrative people sounded racially insensitive and parochial; noose narrative folk appeared callous when they minimized the seriousness of Justin Barker’s wounds.
Lost in all of this back and forth was a simple irony: Reed Walters’ “stroke of my pen” oratory unleashed a chain of violence that reached a violent crescendo in the December 4th altercation he was now trying to prosecute as attempted murder.
What are the implications of all of this for criminal justice reformers? Are we doomed to hawk simplistic morality tales to a tiny demographic of like-minded activists, or is honesty still the best policy?
Perhaps the truth lies somewhere between these two extremes. The goal isn’t just to get the facts straight or to rev up the faithful; we are trying to change public perception. Cases must be carefully selected. If we want to gain and hold an audience, even the most compelling stories must be pared to their essentials.
But even stripped-down narratives must comport with reality. Both sides in the Jena imbroglio wowed the faithful at the cost of losing credibility with the general public. If we are trying to change public perception, an ear for nuance is essential. America has changed dramatically from the day when a reformer like Fannie Lou Hamer could be beaten half to death in Winona, Mississippi, for advocating racial equality. “Nothing has changed” rhetoric appeals to impatient reformers, but it won’t get a hearing in middle America. Similarly, crude references to the depradations of “black thugs” may play well in the small-town southland, but this kind of talk doesn’t work in the wider world.
The public officials at the heart of the Jena story personify the southern dilemma. They were raised with one set of rules, then forced to adopt a new rule book. No one helped them negotiate these troubled waters; they simply had to make the best of a bewildering circumstance. No wonder they are confused-who wouldn’t be?
When Jena’s infamous tree gained iconic significance, the town fathers and mothers cut it down and built a new addition over the spot where the tree once stood. This was the most creative response they could muster.
This southern shadowland is most apparent in the criminal justice system. How can men and women who grew up attending Klan rallies be expected to dispense equal justice in the dawning days of the 21st century? How can people reared in segregated schools and workshops be expected to fight for cultural diversity? America is a work in progress. We ain’t where we need to be-not even close. But thank God Almighty, we ain’t where we used to be.
Ultimately, simplistic narratives change nothing. The Jena 6 aren’t heroes and they aren’t villains; they’re just ordinary small-town kids trying to make their way in a confusing world. Their attorneys won a smashing victory last month because they knew what they were up against and honed their message accordingly. There’s a lesson in that for all of us.
