Servant Song - Spring 2005 admin on 12 Apr 2005
Who Will Kill Michael Ross?
A Testimony Before the Connecticut Judiciary Committee
Public Hearings on the Death
Penalty, Jan. 31, 2005
By Brayton Shanley
The state of Connecticut is calling for the execution of Michael Ross. I have followed the Ross case for many years now, and as his execution date nears, I ask who is responsible for this primitive sacrifice we call the death penalty? Is it Michael?s mother? By all accounts, Michael?s mother was mentally disturbed. Where did her abusive behavior originate? With her mother?
I have written to Michael Ross for the last ten years, and he has shared his painful history at his mother?s hands very frankly. A woman I know who grew up and went to school with Michael in Brooklyn, Connecticut reports that many in town knew how badly he was being treated, which included sexual abuse by an uncle who later committed suicide. Yet, no one did any thing to stop the suffering.
While in his early twenties, Michael Ross raped and killed eight women. Why on earth did he do this? Former death row inmate and dear friend Billy Neal Moore has an answer: ?Criminals are made, they are not born.?
Are the families of the victims responsible for the death penalty? I have known several families who have had loved ones murdered and who call for the execution of the offender. Satisfaction at seeing the victimizer killed is always fleeting as post-execution depression and rage inevitably seep back into their hearts.
Dr. Bundy Lee, psychiatrist and professor at Yale, at a victims of homicide press conference stated: ?Studies show that capital punishment delays or eliminates the possibility for healing or closure for the victim?s family.? This truth echoes in the words of Bud Welch, who lost a daughter at the Oklahoma City bombing: ?I was re-traumatized by the execution of Timothy McVeigh.?
Far from a healing force, capital punishment breeds contempt for life and models the illogic that homicide is the perfect antidote to homicide. In its violent wake, state-sanctioned killing re-visits trauma on both the victim and the victimizers? families.
Is it the prison system that is responsible for the death penalty? Michael Ross has been in solitary confinement for over 20 years. He eats alone, lives alone and prays alone?a solitary shut-in 23 hours of every day. Psychologists have concluded that this confinement creates a ?death row syndrome.? Prolonged solitary confinement for any inmate is a legal torture chamber, a forced isolation that adds dangerous stress onto an already beleaguered and wounded mind. Psychologists find that solitary confinement without relief can lead to a death wish.
Dr. James Gilligan, a psychiatrist of twenty-five years at Bridgewater State Hospital for the criminally insane, explains in his book Violence how and why men are driven to kill. Homicide is primarily a male-perpetrated crime and to understand it, we need to observe how men respond to their environments. When males are abused, it leads them to destructive rage because men experience abuse, physically and psychologically, as an intense form of shame and humiliation. If the humiliation is unrelenting, it inevitably leads them to an uncontrollable desire to hurt others. If this degradation continues with no significant intervention, such men are at increased risk for homicide, often in drunken or drug- addicted passion, with little regard for legal consequences.
When, after a lifetime of abuse and humiliation, lethal violence leads a man to prison, where he is treated with yet more shame and humiliation. A lengthy prison sentence ensures one thing?the punishing conditions of prison will keep inmates trapped in a dangerous rage and suicidal despair. ?Inmates respond in kind to the way they are treated,? says Ken Shoen, former Corrections Commissioner of Minnesota. ?No matter how far back you lock them, they?ll find a way to retaliate.?
Bill #6012 before the Connecticut legislature offers life in prison without parole in exchange for the abolition of capital punishment. Most who oppose the death penalty strongly favor this tradeoff. But it begs a serious question. Does life without parole give us permission to take revenge by exacting a punishment worse than death? What kind of life without parole are we willing to offer? Again, Dr. Gilligan, an authority on male criminality, has the simple truth: ?Punishment is violence.?
If you punish abused men who have become dangerous, you increase the likelihood they will continue their life of violent assault, inside and outside of prison. Inside prison, abused men turned abusers, find themselves in sensory-deprived and emotionally barren solitary confinement, or in a bleak, heartless incarceration ?in the population.? Left to their own very meager devices, inmates too often find themselves without adequate counsel and therapy, navigating through their lonely, loveless world without the healing balm of healthy human interaction. This punitive incarceration improves no one. The detached judge, harsh controlling guards, powerless and angry inmates all suffer because of this truth?punishment always breeds contempt for others and multiplies the continual threat of violence.
Sentencing offenders like Michael Ross to maximum-security death row only reveals a society’s loathing of the criminal. The body politic becomes vengeance-addled and fixated on the crimes of these violent men. The media sells the story, morbidly reminding the public of lurid details of the perpetrators? crimes, minus any other facts that would reveal their humanity. Elected officials, watching their political backs, become too cowardly to tell the truth–that the death penalty is a tragic waste of life, an irrevocable "absolute punishment" that has never deterred homicide.
Finally, the pro-death penalty argument is fully justified when the pollster calls. In their fear-weakened states, people say ?aye? to the death penalty, the ?quick fix solution." Eliminate the problem by eliminating the person. This will assure us safe streets. But when the pollster asks the question: ?Do you support capital punishment??–life in prison without parole is conveniently never posed as an alternative. Poll-driven politicians, now assured of voter support, become ?true believers? and cast their vote for the false hope that killing those who kill will end killing.
A way to achieve a justice that both increases safety and is good public policy begins with being less fixated on horrific crimes. Weaning ourselves from fear dependency, we will grow progressively less afraid of the ?criminal.? Being less outraged by the crime, we will be freer to ask ?why?? Why are men and women driven to commit such desperate crimes?
If we allow our innate compassion to slowly lead out us out of conditioned revenge, we will begin to see the ?criminal? as truly and fully human and redeemable. A healing change will inevitably follow compassion. First, compassion heals people from the pathos of fear that leads to cruel public policy. Second, it starts the process of healing murderous men and women who are tragic products of destructive families, uncaring neighborhoods and an indifferent society. Murder and violent physical assault are extreme acts, manifestations of emotional instability and mental illness. These conditions are more effectively treated as one would treat the mentally ill, with healing therapies, not with punishment.
The knowledge that men and women are driven to kill because of their tortured lives can surely begin to soften the hardest of hearts. Just as Jesus teaches that "God sends down rain on the upright and the wicked and causes the sun to rise on the bad as well as the good" (Matthew 5:23-24), we must see that true understanding and sympathy are not exclusively afforded to "the forgivable," but also to the outcast, the criminal, "the wicked one," as well. Indeed
the murderer must become a privileged object of our compassion because criminals are not born, but are made. We can help unmake them by moving beyond self-righteous outrage at their crime. This sanctimonious revulsion against the criminal is born out of self-protection. The more depraved the killers? actions, the more moral distance we need from their crimes and from them as human beings.
As the Adolf Hitlers and Saddam Husseins grow more monstrous in our minds, we, the body politic see ourselves as increasingly more righteous and innocent of wrongdoing. Like the stoners of the adulterous woman, we become the sinless, perfect executioners exacting the just punishment. When asked for his support of the death penalty, Jesus says in effect, "You may execute if you are innocent of all wrong." This is why the people take refuge in their sense of superiority. We seek to deny our complicity in evil, by heaping all of our sins onto the scapegoat, the blatant, ?monstrous killer.?
The existential fact is that those who kill are human beings born of the human community with whom we share a communal bond. If we can reject our false sense of innocence, we are free then to cooperate in a common healing process that the worst criminals both need and deserve.
If as a society based on compassion, we can hope for a true rehabilitation for Michael Ross and people like him, we will create sanctuaries of healing for even the worst of society’s anti-social behavior. In this radically new endeavor we will cure ourselves from the need to project our own self- righteous justifications and hatreds.
An inspired model of incarceration is derived from the Quaker understanding of the criminal’s need for rehabilitation. The Quaker prison is called a "penitentiary," taken from the word, penitential, which encourages the wrongdoer to repent, to see the error of his/her ways, to do penance, and to make amends for their crime.
The penitentiary is a community consisting of four buildings in a quadrangle. In the first building, the inmate learns spiritual practice and prayer, and begins a process of reconciliation with their victims. In the second building, proper socialization, a process of building healthy relationships is initiated. In the third, the inmate receives therapy, drug rehabilitation, and practices regular physical exercise, along with learning wholesome dietary habits. In the fourth, inmates are trained in vocational skills as a means of livelihood with which they can serve society and support themselves.
If the people of Connecticut (or any other state) wish to be rescued from the fear of criminally dangerous men, such rescue emerges from a faith in compassion and healing therapy. A powerful outcome accrues when the perpetrator of crime, free of the fear of punishment seeks a change of mind and heart which brings reconciliation, victim to offender, and offender to community, resulting in a true healing for victim, offender and society alike.
In this situation, everyone can move beyond the trauma of violence to a reconciled peace and justice which will roll down like a mighty stream as the people no longer have to live in the self righteous prison of fear.
Instead of scapegoating criminals, we can begin to accept responsibility for their crimes by committing ourselves to protecting children from abuse. Crime statistics reveal that the real danger to society is not recidivist violence from known mass murderers, but from the next generation of the desperate poor, people of color, the abused, neglected, and forgotten. They will be the next major statistics of violent crime. If we don’t care for them, we all are collectively or individually responsible. Abolishing the death penalty will make available desperately needed resources that will rescue people at risk from a life of crime, prison and execution.
Albert Camus said, "we are simply asking for a society where murder is no longer legal." Capital punishment improves no one. It squanders precious resources in a cruel torture. It is legalized killing, which is a worse offense than capital murder precisely because it is "legal."
In all human cultures, a consensus exists that illegal killing, murder–is the gravest of criminal wrongs. But because capital punishment is legal, it possesses the authority of being legally and morally correct. It isn’t. It is a wolf in sheep’s clothing, evil masquerading as good. This evil trick is worse than "murder" because the death penalty is wanton killing, masquerading as good, credible public policy.
Although no one wants to admit to the motivation of revenge, with the death penalty we effectively have legislated revenge. Killing now has legal authority and a majority vote, a falsehood difficult to expose and overturn. But, God willing, if we can move out of the prison of revenge into the abode of compassion, we will be led back to trust in God, trust in people, trust in the goodness of life. The demon of fear will diminish within us. Then our passion will be to protect all life as sacred–all the beautiful, the broken– all of us unmistakably in need of the mercy that heals.