Tuesday, December 7, 2010

Lykos Strategy - Part II

Part I of the Lykos strategy, you'll recall, was to have her minions be stones.
"Stand mute," she ordered her line prosecutors.  Do not participate.  "Stand mute."
And so they did (although repeatedly announcing that they weren't speaking - the in court version of how one is to invoke Miranda rights per Berghuis v. Thompkins).
That's likely the order of the day today, too.  But as the state is silent, the defense proceeds.  More witnesses, laying out more explanation and evidence of the risks of convicting the innocent.
Still if the prosecutors are silent (in their noisy way) before Judge Fine, they've located a forum in which they want to speak.  That's Part II of the Lykos strategy:
Tried before and failed.  Try again.  Because really, it's important not to know.
Just ask Hank Skinner about how much they don't want to know.  Or ask Gov. Perry or John Bradley how eager they are to figure out whether killing Cameron Todd Willingham was an oopsie.  Or ask the prosecutors in Ohio who refuse to allow DNA tests even when asked by the Governor and Attorney General (admittedly, both about to be out of jobs, but they hadn't lost the elections at the time).
Ignorance, they say, is bliss.
Keeping the public ignorant?
Enforced bliss.
Until, once again, people start to notice that the emperor has no clothes.

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