Miree killing tries bar
Criminal defense lawyers hard-pressed to mount customary fervor for murder defendants' rights
By Chip Drago
Mobile Bay Times
No matter how heinous the act nor odious the defendant, the criminal defense bar can be counted on to assert the right of the individual to be treated fairly under the law against any howling mob.
The law of the land isn’t worth much if it falls to the emotions of the day. A law that serves a king and abandons a pauper is no law at all. Any lawyer worth his sheepskin identifies with that bedrock principle. A careful observer can spot the relish in a lawyer’s eyes as he or she plays Atticus Finch.
But the midtown murder last spring of young Vanderbilt-educated engineer Kyser Miree has provided a strong test to the attorneys’ professional creed. The lawyers actually representing the four defendants are the same all-in advocates as always. However, seeming to waver is their “amen corner,” fellow criminal defense lawyers who customarily provide a cheering section, but in this case have been heard muttering oaths and wishing fates little different than the outraged public.
Why? People of all races, classes, ages and genders are victimized everyday. Monday-Friday the bad guys, the good guys, the cops, the lawyers, the bondsmen and the victims gather at the courthouse to argue who belongs in which camp while the judges and juries try to sort it all out.
The criminal defense lawyers will sympathize, at least superficially, with the victims, although typically they save their energy for the defense and preservation of the law against those who would toss it aside in their rush to punish the accused.
Why is the Miree case notably different, if in fact it is?
Here is the question we put to a number of area criminal defense lawyers:
"Why is there such strong sentiment, even among the typically more measured, less reactionary criminal defense bar, that the full weight of the law come down on the defendants in the Kyser Miree/Macy Place case?"
Their responses follow. Most of them were at least somewhat uncomfortable that their professional beliefs and personal feelings were in such conflict and they requested anonymity.
"Taking your assumption of such a sentiment as being correct, even the calloused criminal defense bar finds the conduct, if true, so senseless and horrific. It must be dealt with harshly by the system. The bar also understands the system, and knowing that three of four confessed to some involvement solidified the contention these were the four people there. They had no association with the victim, it was a random killing with nothing but robbery as a motive and what appears to be little or no appreciation for the value of human life. It is hard to find a way to have any sense of even sorrow or pity for the accused, except maybe their age and probable total absence of parental guidance through adolescence.
The criminal bar, having seen the worst of the worst, is in a position to evaluate this conduct, and it simply is some of the worst. If anything should have the 'full weight of the law' imposed, this qualifies. I understand from the rumor mill that one of the participants suggested the victim should be 'the first white guy they saw.' If that is correct, an analogy to the Michael Donald killing would be a fair one.
The fact that it is midtown, where some members of the bar live, work and socialize may have some impact as well."
-- GEG
"It's a simple answer. These juveniles were riding in a car looking for someone to rob. (Their victim) could have been me, my wife, my child, my father, my sister, my best friend, or anyone else whether I knew them or not. I live only a couple of blocks from Macy Place, but this could have happened anywhere in the city or the county.
To plead for one's life and be killed for $100 shows that these individuals are not redeemable. White or black does not matter, the brutality of the act is what is disgusting.
Practicing criminal defense is never easy. The criminals are often repugnant to me, but it's the laws of our nation that must be upheld, and every once in a while, you represent someone who has been falsely accused and it makes it worth getting up the next day."
-- SCW
"1. In our culture, the home is looked upon as a safe place. People get shot in bars or when out buying drugs from pushers. People are usually not shot if they do the right thing and are in their home. The worst category of murder is one committed in a sacred place such as one’s home.
2. Murderers are usually low class people, the kind of people who are raised by mothers who threaten witnesses. These outlaws usually get the highest sentences.
3. In exceptional cases, murderers get outside of their element and inflict grave damage when they kill a high class person such as a well educated professional. When the professional is young with a bright future, the damage is even worse.
4. There are murders which are committed in chaotic circumstances which lead some to believe that the circumstances contributed to the murder. When murders are committed in cold blood, against an innocent, unarmed, defenseless person, the gravity of the offense is magnified exponentially.
5. The Miree murder fits within every category of the most heinous murders."
-- CDS
"I think it's a combination of the location of the murder, personal profile of the victim, and the manner of the killing. The poor guy was executed while begging for his life with these thugs. I think the facts here scare and anger everybody. This kid opened his door and died for it. Everybody in the defense bar either lives, or has family or friends, who live near Macy, including my 22 year old son who lives two blocks away. As far as the shooter is concerned, this case has all of the worst aggravating factors and I would bet very little of what we call mitigating factors. The shooter's last ride will be on a hospital gurney attached to an IV pole."
-- QXMc
"You will be hard pressed to find someone in Mobile right now who is not repulsed by the manner of the killing of this young man. The man was followed in a random manner and selected for death for no apparent reason. This could have been any of us on that date, including you, your wife or your children. The realization of the true vulnerability to random acts of violence to which we are all exposed was driven home by this murder.
The MPD can brag about 'old fashioned' police work, to borrow the words of the chief, but this case would have never been solved if the woman who 'snitched' on these men had not been greedy (the victim's family offered a reward for information leading to the arrest and conviction of the culprits; though prosecutors say that while the confidential informant was aware of the reward and will accept it if she qualifies, her true motivation was sympathy for the Miree family).
The public feels a strong need to have these people removed forever from society as opposed to being punished. Let’s face it — capital punishment may or may not be a deterrent to crime, but there is one thing for sure -- when it is imposed you can rest assured the individual will never be of concern again for society.
Most people who are in a position to have access to information about what really occurs within the police department when a crime occurs, are very fearful that their name or the name of one of their family members could be in the next headline. Do you remember the Ellingwood man, Arch McKay, Zoa White or the young man recently killed in the parking lot behind the downtown police precinct? They are examples of the ineffective response in this community to the commission of crimes. What would have happened in the Miree case if he was a young man from a very modest background or a young man who lived in a low income area? The case never would have been solved and would have been forgotten quickly and the perpetrators would have moved on to their next victim. No reward, no one dimes these dudes.
We have forgotten the crimes which occur in the 'hood for too long and now they are moving to the nice middle class neighborhoods and we do not like it one bit. You will never convince me that these young men have not committed many crimes in the 'hood which got no attention before their 'big one.'
Never forget, lawyers are citizens, too, and they share the fears of the general public in instances such as this and when you add to that the knowledge they have of how really poor the police response is to the commission of crime, you should understand the bar's reaction.
In spite of what I said, there are those in the MPD who are just damn good cops and they should not be lumped with the rest. They would be potentially offended by my words unless they were sure the words did not apply to them."
-- ACL
"Race accounts for some of it. I've heard all of the stupid crap. But I think that there's so much more and that's the reason so many 'sophisticated' folks are tapped into this as an emotionally, super-charged issue. It opens every one of us to a lot of what we work hard to keep out of our hearts -- hatred, pointless insecurity and
despair, the fear of the utterly random (the 'UnderToad'), of misfortune and, worse yet, depravity directed at us through no fault of our own. And, this in the security of our gentrified little paradise.
It's a Gordian knot of unfairness. Even me, a steadfast foe of capital punishment, find it difficult to engage in any sympathy for the perpetrators, especially when the details of their depravity came out. It taps into a lot of emotionally charged things: kids and parents; money,
education and success; home and hearth. (Kyser's) easy to associate with. We tap into the pain of the (Miree) family. Here's this kid, nice looking, well-educated, life looming large. He's either you or someone you would like to be. Maybe your kid or kid brother. He's done everything right and he should have been allowed to enjoy it. It's a congratulatory story for the kid and the parents who raised him.
Then there's probably the guilt from the whisper campaign that everyone here seems to engage in when there's a mystery involving a death: gay love triangle, jealous girlfriend, crazy roommate, etc."
-- DS
"This happened where we live, so to speak, not some bad area of town, not somewhere in Prichard. It happened to one of us, again so to speak, a young, good-looking, well-educated guy. He's like we were at one time or like our children are now. He's living the dream. Midtown Mobile is an ideal place. I lived in midtown for 40 years. I don't know anyone who doesn't like living in midtown Mobile. To see someone like him killed makes you think of your children. It could have been you or it could have been your child. And the shooting was an act so senseless. He could've taken the $100 or whatever. He didn't have to kill him. He executed him for no reason at all. It's like the terrorism in New York, just insane. My 17-year-old child asked me, 'Daddy, you couldn't represent these people, could you?' My son who asks a lot of stupid questions so he's probably going to be a lawyer, too, asked me the same thing."
-- JCB
"From a personal standpoint, I think it's fear and anger. I am a resident of midtown and this senseless act of violence has definitely changed my behavior: locking doors more often, being wary of strangers on my street,
etc.
I am also a mother of a little boy, and just the thought of him being in that position, frightened and begging for his life, it makes me sick to my stomach. It makes me feel like, 'If you value life so little, let us show you how little we value yours.'
And this is from a criminal defense attorney who doesn't believe in the death penalty. I will say that my feelings at this point only extend to the actual shooter. The other three should definitely be punished severely, but I understand that they could possibly have not realized how bad it was going to get.
I think Mobilians are sick of robbery and burglary -- we're weary of it. And too many things can go wrong, like what happened here ... it's time for it to end."
-- YTF
"I believe it is because of the savagery of the case and the damage it is doing to race relations and the general fear it has created in the mid-town area where a lot of the criminal bar lives and has friends.
For example, the last death case I tried was a defendant who killed two dope dealers in their trailer on DIP; one of whom had pimped out the defendant's mother. See the difference?
I still to this day can't believe the state was seeking the death penalty in that case. It made no sense."
-- RDY
"(What makes this murder different is) the cold blooded nature of the senseless killing of a true victim.
Unfortunately, doing this type of work, we don't see 'true innocent victims' everyday. By that, I mean that this isn't a drug deal gone bad, known victim, etc. And the reports that he was crying and begging for his life just touches people, and that information had to come from the co-defendants.
I also think that with this occurring in midtown, we all have friends, family, etc. within shouting distance of where this occurred if we don't live in the area.
It is just a sad, senseless, and unfortunate situation.
Now his mother is allegedly threatening witnesses etc. The apple doesn't fall far from the tree in this case it seems."
-- BTG
"Robbery-murder, and especially home invasion-murder, is right up there with murder-for-hire as the worst crime that can be committed. As you know, most murders are crimes of passion or gang or drug related. This type of murder is particularly heinous because of the cold blooded nature of it -- killing a stranger for money after invading his home. Also, the killing of a young professional who is just starting his professional life. The location may add to the sentiment because midtown is an area that is being rehabitated by other college-educated young people as well as people who have lived there all of their lives. And if we are being honest, we have to consider the race factor."
-- GEO
"It's interesting that you have noticed. I don't know but my guess is the randomness and cold blooded killing for no apparent reason causes us all to reflect on the real presence of feral young men who are existential threats to us all. If you think about it, when the crime occurred all the conventional scenarios -- bad drug deal, jealous boyfriend, etc. -- were not a factor. We did not even consider that four young men were just riding around casually looking for somebody, anybody, to rob, and to execute. It's chilling to think about. My mom lives alone on Old Government Street. It could have just as easily have been her."
-- APH
"Without question, I feel deep anger, disgust and horror that a young man, who had to work so very hard to get an education and become a 'working' engineer, would be deprived of his life by such violent vermin. It presents a clear picture of wanton, evil thugs who prowl the streets like dangerous parasites that cannot produce, just destroy. The home invasion violence in this case is so shocking that no one can feel safe. This cold-blooded act of violence could happen to any one in your or my family.
This robbery/murder is 'personal' in that it took place at home after the victim was stalked so the 'sense' is that law abiding citizens can be easily stalked by this growing number of thugs that exist only to do drugs, steal, rape. And kill."
-- WWL
"I take issue with some of the reactions of my colleagues. Some of them suggested that their strong reactions to this crime may be different because of fear, race or because many of them live in midtown and keenly see themselves and their families as vulnerable. I
believe there is some truth to all that.
One of the responses likened this murder to that of Michael Donald's.
In that case, there was a similar community outcry largely because it involved a 'lynching.' It was an obvious hate crime, and one which conjured up old histories and opened old wounds. Like this one, Donald’s murder was equally random senseless and as horrific. Donald was not targeted or killed for money, he was killed simply because of his race. In this case, race appears to have been a factor. Both murders, however, are equally senseless and horrific.
If you may recall, two individuals were charged in the Donald case: one received the death penalty and the other was sentenced to life imprisonment.
I disagree nevertheless with the claim that this case presents us with the worst of the worst. The facts here are not unlike several individuals whom I have defended. One difference is that in each of those cases both the defendants and victims were black.
This brings me to another point of disagreement with one of the posts. The author of that post said: "When the professional is young with a bright future the damage is even worse. When murders are committed in cold blood, against an innocent unarmed, defenseless person, the gravity of the offense is magnified exponentially. The Miree murder fits within every category of the most heinous murders.”
All life is precious, none more valuable than the next.
Murders often involve the innocent, unarmed and the defenseless.
Can you imagine anyone more innocent and defenseless than the four children who were killed by their mother in Texas, or the children who were tossed from a bridge by their father right here in Alabama? How about the 36 victims, students and teachers killed in West Virginia? Was he the worst of the worst?
It is always senseless. It is always horrific. It is natural for us, all of us, to recoil from the horror, to feel a deep sense of empathy for the victims and their families.
The question defense lawyers must nevertheless ask is why and how did this come to pass?
In that answer, there is a message for all of us, and often-times what we ultimately see is not the worst of the worst, but ourselves.
The facts in Miree’s case appear to be almost identical to another case which was reported in an article in the New York Times Magazine on July 6, 2003.
In that case, an 18-year-old Jeremy Gross and a friend approached a convenience store intending to rob it. Gross had worked part time at the store and knew Christopher Beers, who was the lone clerk that morning.
Beers, 24, had completed one year at Purdue University before running out of money for tuition. He was working to earn money for school. An avid reader, he welcomed the graveyard shift. After Beers buzzed him in, Gross hurried into the store, raised his right arm and started
shooting. The first shot hit Beers in the abdomen. Gross continued to fire, three shots missed, but a fourth hit his chest.
'Oh God, please, no,' Beers pleaded as he stumbled into the back office. Gross followed and, to get a better angle, shifted the pistol from his right and to his left.
From close range, Gross shot Beers in the face.
As he reached out to Gross for support and was pushed away, Beers asked: 'Why, Jeremy, why?'
Jeremy and his friend fled the store with $600. The crime was recorded on the store’s video tape. Both the victim and the defendants were white.
There was a similar community outcry as we are experiencing here. The video tape was recovered and after viewing it the prosecutor told a reporter there isn’t a jury in this world . . . that would not recommend
the ultimate death penalty.
The jury in that case ultimately learned the answer to the question Beers asked -- why? (Capital jury votes for life: Parts I and II.
I will close with a quote attributed to Frederick Douglass.
"Life is the great primary and most precious and comprehensive of all human rights . . . whether it be coupled with virtue, honor and happiness or with sin, disgrace and misery, the continued possession of it is rightfully not a matter of volition ...[it is not] to be deliberately or voluntarily destroyed, either by individuals separately, or combined in what is called Government." -- Frederick Douglass
-- CW
