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SAN QUENTIN

1,000 protest execution of African American Vietnam vet

By Nancy Mitchell and Bill Hackwell

San Quentin Prison

On May 3, a thousand angry protesters gathered outside the gates of San Quentin Prison to protest the execution of Manuel Pina Babbitt. Despite an outcry from prisoner-rights advocates, groups opposing the death penalty, religious figures and many others, the state of California put Babbitt to death at 12:37 that morning. It was Babbitt's 50th birthday.

Babbitt was an African American veteran of the Vietnam War. Like many Vietnam vets, he suffered from Post-Traumatic Stress Disorder.

Babbitt was sentenced to death for the 1980 assault of a 78-year-old woman. She died of a heart attack during the beating.

Dr. Charles Marmar, a leading expert in PTSD, studied Babbitt's case. Marmar concluded that Babbitt, who had no memory of the beating, had been suffering from a combat-induced flashback when he killed the woman.

Little research had been done on PTSD by 1982, when Babbitt was convicted. Two of the jurors have since come forward and said they would have argued for a life sentence if they had known of Babbitt's mental condition.

Thousands of Vietnam War veterans signed petitions urging clemency from California Gov. Gray Davis. Davis--a Democrat who ran in 1998 on a pro-death-penalty, pro-three-strikes platform--dismissed the appeals.

The state also overlooked a request by Babbitt's defense for an emergency stay of execution based on new information. These facts revealed that his trial lawyer, James Schenk, was a racist and was often drunk during the trial.

Schenk told Babbitt's family in 1982 that the all-white trial jury would be better for Babbitt because African Americans would not be able to understand the complexities of the case. Several of Schenk's co-workers have come forward and confirmed that he regularly used racist slurs.

California, once known as the "education state," has now secured its reputation as the "prison state." The booming prison industry is expanding as the state's social programs are cut back.

In the last 15 years, California has built 21 new prisons. It has built one new university.

One out of every four African American men in this state is under the judicial system.

Since the death penalty was reinstated in California in 1992, there have been seven executions. Many protesters remarked that the rate of state-sanctioned murder seems to be increasing.

As his execution date drew nearer, Babbitt asked that supporters pay less attention to his individual case and look to the broader social problems that his case exemplified. He stressed the treatment of veterans, who make up 30 percent to 40 percent of the homeless population in this country.

In his last hours, Babbitt refused his final meal. He asked that the $50 instead be donated to homeless Vietnam vets.

This article is copyright under a Creative Commons License.
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