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While on Death Row, Inmates Find Freedom on the Internet
NY Times ^ | January 25, 2004 | THE ASSOCIATED PRESS

Posted on 01/25/2004 9:13:02 AM PST by Pharmboy

BIRMINGHAM, Ala., Jan. 24 — Mary Kate Gach thought she had heard the last of Jack Trawick when he was sent to death row for murdering her daughter Stephanie in 1992. Instead, Mr. Trawick's writings about how he beat, strangled and stabbed Stephanie Gach and killed other women are available on the Internet. Many of the writings were put there by a onetime pen pal and admirer of Mr. Trawick's.

"Those people don't even have a right to speak my name or my child's name," said Mary Kate Gach. "There's got to be a way to keep them from funneling this stuff out of prisons."

Dozens of death row inmates in the United States have had their letters and artwork posted on the Internet, a practice that torments the victims' friends and relatives.

"It's going on all over," said Nancy Ruhe, executive director of Parents of Murdered Children in Cincinnati. But experts say little can be done about Web sites featuring the writings of killers. "It's the First Amendment," Ms. Ruhe acknowledged.

Typically, prisoners send letters to people or companies on the outside, which are then posted online.

Alabama prison officials say that it appears Mr. Trawick stopped sending out new stories about murder after Ms. Gach and others complained last year. But Mr. Trawick's old writings are still on the Web, along with gruesome drawings of murdered women.

In one letter posted on the Internet, Mr. Trawick reveled in the Gach killing.

"I would do the whole thing again knowing death row was waiting for me," Mr. Trawick, 56, wrote from Holman Prison in Atmore, Ala.

Mr. Trawick confessed to kidnapping Stephanie Gach, 21, from a Birmingham-area shopping mall in 1992. He took her to an isolated area where he beat her with a hammer, strangled her and stabbed her through the heart.

Free-speech protections prevent prison officials from blocking inmates' outgoing mail unless it presents a security risk or involves a crime in progress, said Amy Fettig, a lawyer in Washington with the American Civil Liberties Union's National Prison Project.

"Certainly I would understand victims being upset, and prison officials have a right to read mail," she said. But "just saying nasty things or having bad opinions is not a crime."


TOPICS: Crime/Corruption; Culture/Society; Government; News/Current Events
KEYWORDS: deathrow; inmates; internet; prisonersrights; victimtorture
Something's not right here. I know many Freepers will jump on me for this, but I would allow the victims or their families to sue the people who put this continuing torture out there on the 'net. This is a special case.
1 posted on 01/25/2004 9:13:03 AM PST by Pharmboy
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To: Pharmboy
Free-speech protections prevent prison officials from blocking inmates' outgoing mail unless it presents a security risk or involves a crime in progress, said Amy Fettig, a lawyer in Washington with the American Civil Liberties Union's National Prison Project.

Barbara Streisand

Amendment V
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Amendment VIII
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

According to the fifth amendment rights may only be denied to after due process of law. This murderer has had due process of law. He does not enjoy all the consitutional rights that those of us who have never been convicted of a felony and are not serving time in prison enjoy. Restricting his right to free speech is not "cruel and unusual punishment".

2 posted on 01/25/2004 9:25:40 AM PST by Paleo Conservative (Do not remove this tag under penalty of law.)
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To: Pharmboy
Fix his computer by only allowing him to log on to DU, so he can be completely tortured.
3 posted on 01/25/2004 9:37:32 AM PST by LurkedLongEnough (Oh-no, I won't leave no stone un-turned.)
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To: Pharmboy
Freedom of Speech shouldn't include the unfiltered use of the internet.
4 posted on 01/25/2004 9:39:02 AM PST by Taiwan Bocks
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To: Pharmboy
Maybe he's a member of DU. I wonder about people who would read letters like this. I know there are programs run by Prison Fellowship,etc. that are legitimate that open letters and screen them,etc. I don't see these people getting to sue because that would entail opening private letters then judging their content and the ACLU would scream. Personally, I think this creep should be under a gag order... I wish someone would save tax payer money and put a hammer through HIS head.
5 posted on 01/25/2004 9:41:09 AM PST by cyborg
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To: Paleo Conservative
Excellent--thank you. That was what I was missing.

The only problem I see is the felon is passing material to others to do the deed, and that complicates it.

It also argues for swift compliance with the death penalty.
6 posted on 01/25/2004 9:42:07 AM PST by Pharmboy (History's greatest agent for freedom: The US Armed Forces)
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To: Pharmboy
"There's got to be a way to keep them from funneling this stuff out of prisons."

A quick execution would stop it.

7 posted on 01/25/2004 9:44:31 AM PST by aomagrat (IYAOYAS)
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To: Pharmboy
Prison is a form of banishiment. Banishment, as used with criminals, is done to remove a dangerous element from society. If the dangerous element is able to propagate his twisted thoughts to large portions of society- well he's not really banished is he?

I don't see it as being a free speech issue. If he's banished from society- he's banished. He can't be allowed to move around freely in cyberspace.
8 posted on 01/25/2004 10:47:37 AM PST by Prodigal Son
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To: Prodigal Son
Excellent point...if only the libs were logical.
9 posted on 01/25/2004 12:43:54 PM PST by Pharmboy (History's greatest agent for freedom: The US Armed Forces)
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Comment #10 Removed by Moderator

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