Justice Run Amok: Prison Out Of Control

After completing a six-year sentence for aggravated burglary in 2006, an unidentified male inmate at Peterborough prison has for two years refused to leave, for fear of being deported, and will continue to remain behind bars indefinitely, costing the government the equivalent of about $60,000 a year to house him.

Injudicious Judges: In September, District of Columbia Superior Court judge Judith Retchin ordered Jonathan Magbie, 27, to jail for 10 days for first-offense marijuana possession (a virtually unheard-of sentence in D.C.), despite the fact that Magbie was a quadriplegic with permanent tracheal, urinary, and stomach tubes and was often ventilator-dependent, in addition to having various other infirmities. (Magbie died four days later, after what the D.C. Health Department concluded in December was severely inadequate care in jail and in an emergency room.)

Questionable Judgments: Colin Hancock, a convicted drug dealer serving time in Perth Prison in Scotland, filed a lawsuit in October, asking the equivalent of about US$55,000 because of an improper rectal exam (responding to his symptom of urine blockage) given by a prison physician. Dr. Alexander MacFarlane said he was forced to use, as lubricant, milk from a bowl of porridge because that was all the prison had on hand.

Don't Confuse Me With This New "Science": In an October decision, the U.S. Court of Appeals for the 6th Circuit voted, 8-7, not only to affirm Paul Gregory House's 1986 rape-murder conviction but also to keep him on Tennessee's death row, despite subsequent knowledge that the prosecutor's primary evidence was faulty. The eight judges accepted the conviction, even though the rape evidence was based, nearly archaically, on a match of blood "type" in semen found on the victim; much more sophisticated DNA testing later showed that the semen was not from House but from the victim's estranged husband (who, it was subsequently learned, allegedly "confessed" the crime to three witnesses, evidence that was too belatedly offered to satisfy the majority judges).

Police Blotter: When the police chief in Springdale, Pa., allegedly used the N-word while detaining two black teenagers, the boys' parents charged racism, but the chief's brother, police officer Mike Naviglia, came to his rescue. Officer Naviglia suddenly grabbed one of the boys, in front of their mother, and kissed him flush on the mouth. Said Naviglia, "Does that taste like racism?" (According to the mother, Naviglia said, "I kissed him to show him that I wasn't prejudiced." The mother was undaunted and said she would proceed with her complAin't.)

Included among "weapons" allegedly found on inmates at the Grafton prison in Australia, reported in September in Brisbane's Courier-Mail, were four venomous redback spiders that an inmate said were "pets" that were regularly "milked" of venom by inmates in order to produce a toxin that they could inject, to help them get high.

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