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    Jazz Freed Keith LaMar’s Soul. Can It Help Him Get Off Death Row?

    With concerts and a new album, musicians are trying to draw attention to the case of an inmate, convicted in the death of five other prisoners, who they believe deserves a new trial.Keith LaMar has spent 33 years in prison, nearly all of it in solitary confinement. He is scheduled to be executed in Ohio next year, after being convicted in the 1993 killing of five fellow inmates during a prison riot.But a cadre of jazz musicians led by Albert Marquès, a pianist, composer and New York City schoolteacher, is convinced he is not guilty. And they’ve decided to put music to work as a tool to help LaMar, who they say was denied a fair trial in the inmate deaths and should be granted a new one.“I believe he’s innocent,” Marquès said in an interview. “But if you don’t believe that he’s innocent? Cool. Agree, at least, to judge him again. Reopen the case. Let him prove that what he tried to say, but he was not ever able to say, is false or true. Give him another chance.”For more than a year, Marquès has organized concerts to draw attention to LaMar’s case. He is part of a wider group of civic activists and lawyers — the “Justice for Keith LaMar” campaign — that argues the government illegally withheld inmate statements that could have helped LaMar at trial and offered inmates who testified against him leniency and special deals.LaMar, who was convicted in the 1993 deaths of five fellow inmates, has maintained his innocence through multiple appeals.  An impressive roster of jazz professionals, including Salim Washington, Brian Jackson, Arturo O’Farrill and Caroline Davis, have played at the Freedom First concerts, which began on a broiling afternoon in August 2020 at the Grand Army Plaza in Brooklyn, where some 25 musicians performed in the middle of a pandemic. There had not been a single rehearsal. They had no permit. The sound equipment was cobbled together. The budget nonexistent.Three concerts later, Marquès and the others are producing an album this month in conjunction with LaMar. A year in the making, it will feature remarks and poetry by LaMar, a 10th grade dropout who has educated himself in prison by reading Richard Wright, James Baldwin and Cornel West, as well as jazz from sympathetic musicians who’ve recorded covers and fresh compositions from locations including Spain and Oregon.“To meet someone like Keith LaMar, who’s not only incarcerated, but on death row, unfairly, unjustly, it’s a heavy thing,” said Washington, a tenor saxophonist and jazz educator with a doctorate from Harvard. “But the warmth that he has as a human, and the elegance and eloquence that he has as a scholar, and just the charge that he has for himself, and that he’s able to exude to the rest of us, is a thing of beauty.”Beyond music’s primal power to sooth, energize and inspire, it has helped focus attention on the pleas of those incarcerated for crimes they say they did not commit. Rubin “Hurricane” Carter, the boxer convicted of murder, spent almost a decade in prison before Bob Dylan’s “Hurricane” raised the profile of his case. He was ultimately freed years later.Bob Dylan played “Hurricane” at a 1975 benefit concert for Rubin “Hurricane” Carter at Madison Square Garden.Larry Morris/The New York TimesCarter spent 19 years in prison. In 1985, a judge voided his conviction and ordered his release.William E. Sauro/The New York TimesMarquès, who by day leads the music department at the Institute for Collaborative Education in Manhattan, is not Bob Dylan. Still, his efforts drew nearly 100 people last November to the most recent Freedom First concert inside a black box theater at Northwestern University.When the prison riot erupted in 1993, LaMar, a former drug dealer, was serving an 18-years-to-life sentence after pleading guilty in 1989 to fatally shooting a man, a drug user and childhood friend, who he said had attempted to rob him.Authorities said that during the riot, LaMar became an enforcer and used the chaos of a cellblock takeover by other prisoners to kill inmates who some viewed as “snitches.”LaMar is adamant that he had no role in the killing of the inmates during what became known as the Lucasville prison uprising, an 11-day siege during which some inmates seized hostages and a cell block to protest conditions.Ten people, nine inmates and a guard, died.LaMar suggests he was a convenient scapegoat for officials, an inmate who loudly objected to prison conditions and who had refused to cooperate in the riot investigation.“I think they came to me under the impression that I would plead guilty,” LaMar said in an interview. “And I think that that was a way for them to really kind of sweep these cases under the table.”But multiple appeals court decisions have gone against him, and the prosecutors who handled the case, Bill Anderson and Seth Tieger, remain unswayed.“To Bill and I, he is extremely guilty, he is where he belongs: on death row,” Tieger said in an interview. “But all of this was brought out at the trial and in all of his different appeals, and nobody has believed that anything was done wrong at all, and that this death sentence has been upheld consistently all the way through this.”The riot at the Southern Ohio Correctional Facility was triggered by the warden’s demand that inmates submit to tuberculosis testing that Sunni Muslim inmates objected to on religious grounds. LaMar was in a recreation yard, waiting to re-enter his cell block, when inmates inside overpowered the guards and took control. He said he briefly went in, intending to grab some personal belongings, but was told by one of the riot leaders that if he didn’t want to be involved in the takeover, he had to leave.The Freedom First concerts to benefit LaMar have been organized by Albert Marquès, a pianist and music teacher in New York.Danielle A. Scruggs for The New York Times“And so I came back out onto the yard without retrieving my property,” LaMar said. He said he remained there until two or three in the morning.Prosecutors said LaMar actually stayed inside the cell block, killing or ordering the killing of four inmates there, and a fifth inmate the next day after being placed in a separate cell block with other prisoners as the riot continued.In the aftermath of the chaos, the crime scenes were too contaminated for investigators to find forensic evidence, such as DNA, to help identify the killers. So witness statements became critical.But before the trial, when it came time to review who had identified LaMar in the killings, prosecutors balked at turning over the statements. All of the inmates had been promised confidentiality, they said.The prosecutors asked the judge to decide what information to give the defendant. The judge ruled that the names of 43 inmates who had been interviewed by investigators should be turned over to the defense. Separately, prosecutors were to turn over 11 pages of brief summaries, without any names attached.It was the defense’s job to figure out who had said what — a nearly impossible task, even with the additional time and funds the judge offered, said Herman Carson, one of LaMar’s trial lawyers.“That list of names and statements, it was like, ‘Judge, you could give me another five years; these guys aren’t going to talk if we just walk in there cold and say, ‘Hey, which one of these 43 statements did you make?’” Carson said.Mark Godsey, director of the Ohio Innocence Project, and Justin Murray, an associate professor at New York Law School who researches disclosure disputes in criminal proceedings, called the judge’s decision unusual, one that unfairly handicapped LaMar’s lawyers.“People have tried to reopen the Lucasville cases, and it seems like the courts are just like, ‘Oh, this is that black hole called Lucasville,’” Godsey said. “‘We’re not going to look at it.’”Given the death of the prison guard, LaMar’s trial in 1995 was moved to avoid any prejudicial climate to the adjoining county, just 30 miles away and also overwhelmingly white. Prosecutors used peremptory challenges to remove the only two Black potential jurors, so LaMar’s case was heard by an all-white jury.Eight inmates testified that LaMar was involved in the killings. Six, including Stacey Gordon, said LaMar had led the “death squad.” But a year earlier, Gordon had given a sworn statement to investigators in which he said he had not seen LaMar in the cell block, and that he did not know who LaMar was.That statement was never turned over to the defense, one of a number that defense lawyers have argued would have helped LaMar, but were withheld. Initially charged with attempted murder and seven counts of assault in connection with the riot, Gordon testified after reaching a plea agreement for only two assaults.Ten people died during the uprising at the Southern Ohio Correctional Facility in Lucasville, which lasted 11 days.  Ralf-Finn Hestoft/Corbis, via Getty ImagesDana Hansen Chavis, a lawyer for LaMar, said Gordon’s statement could have been used to impeach his credibility and should have been turned over under the Brady rule, which requires prosecutors to disclose exculpatory evidence to the defense.“Before we, as a society, actually go through with taking the life of another human being,” Chavis said in an interview, “I believe that we need to be absolutely sure that society has followed all of the rules in posing the punishment and is absolutely sure that that person is guilty of the crime.”The prosecutors said that they had not withheld any evidence that was exculpatory from LaMar’s lawyers.“They were very, very aggressive attorneys,” Tieger said. “And we turned over everything that we were required to under the rules of discovery.”LaMar took the stand at trial and testified that he had not been involved in the killings. Five inmates testified for the defense, four of whom said they had seen LaMar in the recreation yard shortly after the riot started. Two said they saw him in the yard throughout the day.But the jury ultimately convicted LaMar in the murders and sentenced him to death, a decision that has been upheld through several appeals.In ruling against LaMar, some appellate panels found that, even if the withheld evidence had been exculpatory, it would not have outweighed other evidence and led to a different verdict. Several found that any withheld evidence was not “material” to his defense because they said statements from inmates who implicated themselves or others in the killings did not preclude LaMar from having had a role, since so many prisoners had taken part.Dwayne Svette, the son of one of the inmates LaMar was convicted of killing, said those trying to help LaMar are misguided.“I understand,” Svette said, “that there’s been people on death row before and they’ve got released because some evidence came up where they was actually not the people who did the crime. But that’s not the case in this man.”The cover of the “Freedom First” album features LaMar, Marquès and the names of other musicians who contributed music as part of an effort to block the execution next year.For those who have taken up LaMar’s cause, the evidence that he has been treated unjustly appears quite substantial and they have been equally impressed by his drive to overturn the verdict. In 2013, he spent eight months writing “Condemned,” an autobiographical book that details his experience from the day of the uprising through his time on death row. LaMar wrote the memoir on a typewriter, then dictated the story over the phone to a friend who transcribed each word.During his time in prison, LaMar became a student of jazz, and credits the music — especially “A Love Supreme,” the jazz journey by John Coltrane — with teaching him to improvise, to avoid being engulfed by his own anger. The Coltrane work is often played at the Freedom First concerts.LaMar came to the attention of the musicians after talking to Mother Jones about his case and his experience in making the best use of his time while in solitary confinement. Brian Jackson, a jazz musician who frequently collaborated with Gil Scott-Heron, then reached out to LaMar and they created a podcast about music and justice that attracted additional interest.LaMar typically calls in to the Freedom First concerts from the Ohio State Penitentiary in Youngstown to say hello, offer remarks and poetry and listen to the music, his words at times interrupted by a tinny voice.“This call,” the voice says, “is originating from an Ohio correctional facility, and may be recorded and monitored.”On a bitterly cold Saturday in mid-November, LaMar called into the Northwestern theater outside Chicago for the most recent concert. He read poetry, both others’ and his own, like his poem “Tell ’Em the Truth.”Salim Washington performs at the Freedom First concert last November at the Virginia Wadsworth Wirtz Center on the campus of Northwestern University. Danielle A. Scruggs for The New York Times“Children of slaves who braved the worst of it, so we, their children and grandchildren, could make the most of it,” LaMar read. “To shield us from the pain of knowing the truth, they never explained what kind of society we were born into.”The concert had opened with a Coltrane piece: “Alabama,” which some believe the jazz great wrote in response to the killing of four African American girls in a 1963 bombing of the 16th St. Baptist Church in Birmingham, Ala. Later, the composer and alto saxophonist Caroline Davis blew the first haunting notes of “A Love Supreme” — the music that LaMar says freed him, at least internally.“This music was born out of suffering, I think,” Davis, a former composer-in-residence at the MacDowell Colony, said in an interview. “That essence of it is what, in its musical form, people can feel. People can sense that suffering. But there’s also a lot of joy in the music.”Marquès said he is hopeful about the ability of the music to broaden support for LaMar’s case. But, he said, he had already benefited personally: LaMar, who he met in person last summer, has become one of his best friends.“There is a human connection,” he said, “that goes beyond those walls that are between us. And it’s very powerful. All of this comes from love.”Robert Chiarito contributed reporting from Illinois. Susan Beachy contributed research. More

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    North Korea Executes People for Watching K-Pop, Rights Group Says

    At least seven people have been put to death in the past decade for watching or distributing K-pop videos, as the North cracks down on what its leader calls a “vicious cancer.”SEOUL — North Korea has publicly executed at least seven people in the past decade for watching or distributing K-pop videos from South Korea, as it cracks down on what its leader, Kim Jong-un, calls a “vicious cancer,” according to a human rights report released on Wednesday.​The group, ​ Transitional Justice Working Group, which is based in Seoul, interviewed 683 North Korean defectors since 2015 to help map places in the North where people were ​killed and buried​ in state-sanctioned public executions​. In its latest report, the group said it had documented 23 such executions under Mr. Kim’s government.Since taking power a decade ago, Mr. Kim has attacked South Korean entertainment — songs, movies and TV dramas — which, he says, corrupts North Koreans’ minds. Under a law adopted last December, those who distribute South Korean entertainment can face the death penalty. One tactic of Mr. Kim’s clampdown has been to create an atmosphere of terror by publicly executing people found guilty of watching or circulating the banned content.It remains impossible to find out the true scale of public executions in the isolated totalitarian state. But Transitional Justice Working Group focused on executions that have taken place since Mr. Kim ascended and on those that have occurred in Hyesan, a North Korean city and a major trading hub on the border with China.The North Korean town of Hyesan, near the border with China, is a gateway to smuggle in South Korean entertainment stored on USB sticks.Damir Sagolj/ReutersThousands of North Korean defectors to South Korea have lived in or have passed through Hyesan. The city of 200,000 people is the main gateway for outside information, including South Korean entertainment stored on computer memory sticks and bootlegged across the border from China. As such, Hyesan has become a focus in Mr. Kim’s efforts to stop the infiltration of K-pop.Of the seven executions for watching or distributing South Korean videos, all but one took place in Hyesan, the report says. The six in Hyesan occurred between 2012 and 2014. Citizens were mobilized to watch the grisly scenes, where officials called the condemned social evil before they each were put to death by a total of nine shots fired by three soldiers.“The families of those being executed were often forced to watch the execution,” the report said.Mr. Kim rules North Korea with the help of a personality cult and a state propaganda machine that controls nearly every aspect of life in the North. All radios and television sets are set to receive government broadcasts only. People are blocked from using the global internet. But some North Koreans still manage to secretly watch South Korea’s movies and TV dramas. As the North’s economy has floundered amid the pandemic and international sanctions, defections to the South have continued.North Korean defectors filling bottles with rice and USB sticks to toss into the sea toward their former homeland.Ed Jones/Agence France-Presse — Getty ImagesThe number of defectors arriving in South Korea has dropped sharply in recent years, however, so gathering fresh information on the North has become harder. Mr. Kim’s government has also further tightened border restrictions amid the pandemic.But Daily NK, a Seoul-based website that gathers news from clandestine sources in the North, reported that a villager and an army officer were publicly executed this year in towns deeper inland for distributing or possessing South Korean entertainment.And a few secretly filmed video clippings of public trials and executions have been smuggled out of North Korea. In footage shown on the South Korean TV station Channel A last year, a North Korean student was brought before a huge throng of people, including fellow students, and was condemned for possessing a USB stick that held “a movie and 75 songs from South Korea.”Shin Eun-ha told Channel A of a public execution she and her classmates had been made to watch from the front row when she was in second grade in North Korea. “The prisoner could hardly walk and had to be dragged out,” she said, adding, “I was so terrified that I could not dare look at a soldier in uniform for six months afterward.”Though Mr. Kim has described South Korean entertainment as a “vicious cancer,” North Koreans were able to watch the popular girl band Red Velvet and other South Korean stars who flew to Pyongyang in 2018 for two performances.Korea Pool via APMr. Kim has at times tried to appear more flexible toward outside culture​, allowing state television ​to play the theme song from “Rocky” and to show ​Mickey and Minnie Mouse characters ​onstage. He even invited South Korean K-pop stars to the capital, Pyongyang, in 2018, when he was engaged in summit diplomacy with President Moon Jae-in of South Korea. But at home, he has also escalated his crackdown on K-pop, especially after his talks with President Donald J. Trump collapsed in 2019 and the North’s economy has deteriorated in recent years.Amid growing international scrutiny of North Korea’s human rights abuses, the government appears to have taken steps to prevent information about its public executions from being leaked to the outside world.It no longer appears to execute prisoners at market places, moving the sites farther away from the border with China or town centers, and inspecting spectators more closely to prevent them from filming the executions, Transitional Justice Working Group said.Mr. Kim has also tried to create a public image as a benevolent leader by occasionally pardoning people condemned to death, especially when the size of an assembled crowd at a public trial is large, the group said.But K-pop seems to be an enemy that Mr. Kim cannot ignore.North Korea repeatedly lashes out against what it describes as an invasion of “anti-socialist and nonsocialist” influences from the South. It cracks down on South Korean slang spreading among its youths, including “oppa,” which became internationally known through Psy’s “Gangnam Style” song and video.The North’s state media has also warned that if left unchecked, K-pop’s influence would make North Korea “crumble like a damp wall.” More

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    ‘The Phantom’ Review: The Death Penalty for a Doppelgänger

    This documentary examines the circumstances of a 1983 killing in Texas, for which it contends the wrong man was convicted and executed.“The Phantom,” a documentary from Patrick Forbes, examines a case that in recent years has been cited as an example of a likely wrongful conviction that ended in the death penalty. Carlos DeLuna was executed in Texas in 1989 for the murder of a Corpus Christi gas station convenience store clerk. At his trial, he implicated another man, Carlos Hernandez. The prosecution dismissed Hernandez as a phantom.But the movie, based on an account by a Columbia law school professor, James Liebman, and his researchers, amasses evidence that Hernandez, who died in 1999, was no apparition. It indicates that he had a history of violence and that the investigation was hasty. The film’s most damning suggestion is that the conviction didn’t simply involve mistaken identity — two men named Carlos, who knew and resembled each other and were both in the area of the crime, getting mixed up — but, in the film’s argument, required an almost willful insistence on turning a blind eye to what was known.Adapting research that is, by now, hardly breaking news, Forbes has some solid strategies for making the material cinematic. Shooting in glossy wide-screen, he uses an effective blend of reconstructions and interviewees to take viewers through the night of the killing. Earlier in the film, he has people involved in the original trial, like a witness, Kevan Baker, and a prosecutor, Steve Schiwetz, discuss details of the case in a courtroom, and even playact versions of their words from the proceedings (the dialogue isn’t verbatim, judging from the trial transcript). A bow-tied, suspendered, haunted-looking medical examiner contributes to the ghostly ambience.The PhantomNot rated. Running time: 1 hour 22 minutes. In theaters. More