Archives For Alfred Dewayne Brown

Grace and Justice

Jason Micheli —  November 12, 2016 — Leave a comment

13508867_1727468317501237_4081123759408282246_nMy friend Brian Stolarz spoke at my house last night for a book-signing party about his new book Grace and Justice: The Race Against Time and Texas to Free an Innocent Man.

Elections have consequences. A consequence of this most recent one is that it’s now much less likely the death penalty will be abolished and now more likely that people like Dewayne, without people like Brian, will die unjustly.

Here’s the video. Check out his book here.

Grace and Justice

Jason Micheli —  June 20, 2016 — Leave a comment

13508867_1727468317501237_4081123759408282246_nFor the sermon this Sunday, I sat down with my good friend and congregant, Brian Stolarz, and the innocent man he got off of death row, Alfred Dewayne Brown. Dewayne is only the 13th exonoree from the state of Texas. Not only is it a story of Brian’s incredible challenge and the injustice done Dewayne, it’s also a story of the Church- both the big C Church that formed Brian into believing that the death penalty is unethical and our local congregation that sustained him during the decade he spent trying to free Dewayne.

Brian’s and Alfred’s story is told in Brian’s forthcoming book, Grace and Justice. Check it out on Amazon here.

Here’s the sermon:

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During Lent I’m writing a series of review essays of Fleming Rutledge‘s new book, The Crucifixion: Understanding the Death of Jesus Christ, at Scot McKnight‘s popular Jesus Creed site. Here’s a snippet from the latest post on Rutledge’s work on justice and divine wrath.

I’ve changed my mind about God’s wrath. 

Or, rather, my friend, Brian Stolarz has changed my mind. 

When reflecting upon the category of divine wrath, thanks to Brian, I no longer think of myself. My mind goes instead to Alfred Dewayne Brown, Brian’s client (both pictured above).

Brian spent a decade working to free an innocent man, Alfred Dwayne Brown, from death row in Texas. Dewayne had been convicted of a cop-killing in Houston. Despite a lack of any forensic evidence, he was sentenced to be killed by the State on death row.

Brown’s IQ of 67, qualifying him as mentally handicapped, was ginned up to 70 by the state doctor in order to qualify him for execution. This wasn’t the only example of prosecutorial abuse in the case; in fact, the evidence which could’ve proved his alibi was hidden by prosecutors and only discovered fortuitously by Brian, years later. Dewayne was released by the state this summer. Brian has forthcoming book about the experience.

Meanwhile, Dewayne has a civil rights case pending to seek restitution for the injustice done to him. 

To seek rectification, biblically speaking. 

I spent about a half hour alone with Dewayne this fall as we waited for his presentation, with Brian, to a group of law students. I’ve worked in a prison as a chaplain and interacted with prisoners in solitary and on death row. Like my friend, Brian, I have a good BS radar. Dewayne was unlike the prisoners I’ve met. My immediate reaction from spending time with him was how difficult it was for me to fathom any one fathoming him committing the crime of which he was accused. My second reaction was to feel overwhelmed by Dewayne’s expressions of forgiveness over the wrongs done to him by crooked cops and lawyers, a prejudiced system, and an indifferent society. ‘I’ve forgiven all that,’ Dewayne told me in the same sort of classroom where lawyers who had turned a blind eye to his innocence were once trained into a supposedly blind justice system.

Here’s the crux of the matter, and I use that word very literally:

Dewayne is allowed to express forgiveness about the crimes done to him. 

But, as a Christian, I am not so permitted. Neither are you. 

If we told Dewayne, for example, that he should forgive and forget, then he would be justified in kicking in our sanctimonious teeth.

In The Crucifixion: Understanding the Death of Jesus Christ,Fleming Rutledge points out in her third chapter, The Question of Justice, we commonly suppose that Christianity is primarily about forgiveness. Jesus, after all, told his disciples they were to forgive upwards of 490 times. From the cross Jesus petitioned for the Father’s forgiveness towards us who knew exactly what we were doing. Forgiveness is cemented into the prayer Jesus taught his disciples.

Nonetheless, to reduce the message of Christianity to forgiveness is to ignore what scripture claims transpires upon the cross. 

The cross is more properly about God working justice. 

You can read the rest of the essay at the Jesus Creed here: http://www.patheos.com/blogs/jesuscreed/2016/03/03/a-wrath-less-god-has-victims-by-jason-micheli/#disqus_thread

Of the disciples fleeing Jesus’ execution, theologian Stanley Hauerwas writes:

‘The disciples have not yet understood the radical character of Jesus’ Kingdom that would challenge the violence of the world by refusing to respond to it on the world’s own terms…What they failed to understand was that Jesus is more radical than those who rebel against Rome or other empires using the force of arms. Rome knows how to deal with those who oppose it on its own terms. What Rome and all empires fear are those who refuse its terms of battle.

Jesus has more time than Rome to engage in the world of calling into existence a people who have learned to live trusting in the righteousness of God.’

Faithfulness, Hauetwas argues, is fundamentally about patience, a commitment to work in this world confident that, in Jesus Christ, God has already disclosed to us the way of the world.

My friend, Brian Stolarz, knows about patience; consequently, whether he’d own up to it or not, he knows more than most about faithfulness to God’s righteousness. He also knows, thanks to yours truly, that in scripture righteousness is just another word for justice. I’d be remiss if I didn’t add that I count Brian one of those gifts with whom cancer has given me the chance to nurture a deeper friendship; he’s been there for me.

Just as he’s been there for others:

As I’ve blogged about before, Brian spent a decade working to free an innocent man, Alfred Dwayne Brown, from death row in Texas.

Alfred Dewayne Brown had been convicted of a cop-killing in Houston. Despite a lack of any forensic evidence, he was sentenced to be killed by the State on death row.

Brown’s IQ of 67, qualifying him as mentally handicapped, was ginned up to 70 by the state doctor in order to qualify him for execution. This wasn’t the only example of prosecutorial abuse in the case.

You can read the previous posts about Brian’s work and watch our dialogue sermon from last summer here here and here.

 

Since the analytics tell me that many of you followed the story on the blog, I’m happy to post that Brian sent me giddy texts yesterday afternoon letting me know his patience had finally paid off. After having his conviction dismissed earlier this year, Texas finally released Alfred to his family last evening.

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And what’s amazing, and fitting to Hauerwas’ observation above, is that Alfred is not angry. Despite the time lost for him and the time sacrificed by Brian, God has given us more time in resurrection to live lives worthy of the Kingdom.

You can read last night’s story about Brown’s release here.

The reporter for the Houston Chronicle, by the way, who helped bring publicity to Alfred’s case by relying on Brian’s work, won a Pulitzer this year.

Here’s a video of Alfred’s release. If you understood Hauerwas’ quote above, then you’ll know it’s an Easter video.

 

images“I knew Alfred Dewayne Brown was stone cold innocent the moment I met him. I am from Northern New Jersey and was a Public Defender with the Legal Aid Society in Brooklyn, New York, so I have developed a strong “bullshit” meter. I can usually spot a lie better than a polygraph. When I first met Dewayne on Death Row in Livingston, Texas, 60 miles north of Houston, I knew the man was 100% innocent. 

I had absolutely no doubt. When I walked out of Death Row for the first time, I did all I could to fight back tears and keep from being sick because I was so excited and nervous at the same time. I was also scared as hell and worried whether it was too late to save his life and that I was going to be there at the prison watching him die right in front of me.”

– One Big Setup: The Alfred Dewayne Brown Story 

To my mind, other than the Cross itself, the most compelling reason for Christians to oppose the death penalty is that it commits what belongs to God alone (the taking of life) to a system which is vulnerable to human error and moral corruption.

To insist that system is immune to such error risks violating the first commandment, as it places a degree of faith in the criminal process that belongs to God alone.

Or, in Pauline terms, it values our justice system over God’s justice.

What scripture calls ‘idolatry.’

images-1My friend and parishioner, Brian Stolarz, begins his forthcoming memoir with the above confession.

Apparently not everyone’s BS radar is as well-calibrated as Brian’s, for Alfred Dewayne Brown (pictured below) was sentenced to be killed by Texas without any physical evidence to corroborate the charge of murder, despite having an IQ which- by law- should’ve precluded him from capital punishment and in the face of the fact that the state’s only witness had been bullied into perjuring herself.

Even a BS radar half that of Brian’s could’ve sniffed out Alfred’s innocence, or, if not his innocence, at least detected sufficient doubts to give his lynch mob pause on their way to Calvary. brownalfred

Last week Arizona botched the execution of Joseph Wood, who died nearly 2 hours  after the supposed ‘lethal’ injection administered by his executioners.

Joseph Wood gasped and struggled for nearly 2 hours before he finally died. Who’s to say how many seconds or minutes or hours Wood’s killing fell shy of qualifying as ‘cruel and unusual punishment.’

Wood’s botched execution provoked outrage and incredulity among most of the public, callous, satisfied jeers among some of it and promises of (not independent) ‘review’ among the public’s officials.

What’s truly outrageous and, I believe, sinful is how the chair or the syringe or the noose is only 1 example of how the capital punishment apparatus is fraught with corruption and prone to error.

In Alfred Dewayne Brown’s case, the hold-it-in-your-hands evidence that would’ve supported his alibi all along (a phone record) was- all along- HIDDEN in the garage of a homicide detective.

Before you utter ‘What the…’ to yourself, wait:

Alfred’s IQ, which marks him as mentally retarded, was ginned up by the state’s doctor so as to nudge Alfred a nose past the qualifying line.

BTW:

Let’s not forget the moderately salient point that the grand jury’s foreman, whom transcripts unambiguously identify as leading a pile-on against Alfred’s girlfriend, was a retired cop.

A retired cop.

In a cop killing.

Jury of his peers.

The aforementioned doctor has been censured.

The cop with the garage and the prosecutor who turned the blind eye?

Not sure.

The girlfriend bullied and jailed to induce her to perjure herself?

She’s since changed her testimony.

Back to her original testimony.

Alfred Dewayne Brown?

Still on death row.

Despite consensus of his innocence.

In a twist of irony only Pontius Pilate could appreciate, all-but-exonorated-Alfred sits on death row while Texas decides whether or not it will grant him a ‘new trial.’

Brian shared his story of working for Alfred’s life in a sermon earlier this summer. You can watch it below.

You can read the latest stories about the grand jury’s foreman and its treatment of Alfred’s girlfriend here, here, here and here.

What happened to Joseph Wood on the table in Arizona happens to innocent (usually black) people in interrogation rooms and jury rooms more often than most of us would like to confront.

To turn a blind, blithe eye to such injustice, however, places us under St Paul’s auspicious words:

“I have great sorrow and anguish. For I testify of them that they may have great zeal for God, but not according to knowledge. For not knowing the justice of God, and seeking to establish their own form of justice, they did not submit to the justice of God.

For the Messiah is the aim of all law so that justice may be based on loyalty to him.” 

– Romans 10.3-4

(Theodore Jennings, trans)

The more internet outrage and chatter Alfred’s case generates the quicker Texas will be compelled to give him a new trial or, even better, his freedom.

So leave a comment, ‘like’ it on Facebook, retweet it or forward it on to a friend.

A small gesture towards God’s justice that could go a long way. Do the right thing.

 

 

 

hobby_lobbyWhile corporations are now considered people- religious people- under the law (I hope all corporations start tithing now), prisoners on death row continue to be deemed less than creatures under the law.

They can be killed.

To teach us that killing is wrong (let’s hope they were guilty).

For profit entities that bring you cheap wicker baskets made possible by child labor (not to mention population-control policies which incentivize abortion) are now more of a ‘person’ than the flesh-and-blood people behind bars, the former eliciting more of our empathy and moral outrage than the latter.

“I needed clothes and you clothed me, I was sick and you looked after me, I was in prison a morally afflicted CEO and you came to visit me.”

You wouldn’t know- at all– from the media coverage, but while SCOTUS handed down the Hobby Lobby decision activists, Christians and clergy gathered this week on the front steps of the Court to protest the death penalty.

Chances are you’ve heard plenty about the Green family who owns Hobby Lobby and how they’ve been praised for taking a principled stand for Christ.

RNS-CLAIBORNE-COLUMNChances are you haven’t heard anything about this Christian quietly walking across Texas to show his solidarity with those his state plans to kill in the coming months and years.

That you might have only heard about the protest here speaks volumes about the holes in our Christ-centered compassion.

Christian culture is sex-obsessed, singling out a few discrete issues around which to hoist the banner of ‘life.’

Protestants would do well to learn from our Catholic friends who insist that disparate issues like abortion, poverty , healthcare and executions all belong to a single ‘seamless garment’ of life.

My own United Methodist tradition nears schism fighting over our official language labeling homosexuality as ‘incompatible with Christian teaching.’

Little commented upon is the fact that our Discipline also views the death penalty as black-and-white at odds with the Gospel, for the death penalty

“denies the power of Christ to redeem, restore and transform all human beings.” 

Translation:

In the death penalty we stop God from doing what God wants to do in people.

Change them.

That half of all United Methodists and many of its clergy support state-sanctioned killing in violation of our Discipline receives not one iota of the indignant moral outrage these days reserved for clergy presiding at same-sex unions.

Pastors aren’t brought up on charges for supporting the death penalty in the face of church teaching.

Sex is just sexier.

Plus, it requires less of us where Jesus’ requisites are concerned: that we love sinners.

Or at least begrudgingly admit that Jesus loves them.

On the front steps of the Court today you’ll find people who hold many moral and legal reasons they oppose the death penalty:

There is no way to remedy mistakes. 

There is discrimination in the application of the death penalty. 

Application of the death penalty tends to be arbitrary 

The death penalty involves medical doctors, who are sworn to preserve life, in the act of killing. 

Executions have a corrupting effect on the public. 

The death penalty is an expression/confession of the absolute power of the State. 

Even the guilty have a right to life. 

CrucifixionThe reasons are many but for Christians there’s a single primary motivating view.

It’s a view, I would argue, that cuts closer to the quick of the Gospel than do the drivers behind the other competing issues which preoccupy Church and Culture:

The New Testament teaching that we do not put sinners to death because Christ has already been put to death for every act of human sinfulness.

It is in the face of Christ that we see the full extent of how God’s mercy meets God’s righteousness.

God says in the Old Testament that vengeance belongs to him.

Only in the New Testament do we see how literal God meant it.

For in Jesus Christ God bears the full penalty of our rebellion against God and neighbor on the cross.

Here’s my sermon interview with a friend and death penalty attorney, in case you missed it:

 

16 CARAVAGGIO 02 THE SERMPON OF STEPHEN

 * The Stoning of Stephen

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* The Beheading of St. Paul

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* The (Upside Down) Crucifixion of Peter

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The Woman Jesus Refuses to Condemn to a Legal Execution

(aka: The Woman Caught in Adultery )

St Andrew Apostle

* The Whipping and Crucifixion (on an X-Shaped Cross) of Andrew

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* The Stoning (and Clubbing) of James, Jesus’ Brother

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* The Execution (by Arrows) of Jude

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* The Assassination of Archbishop Oscar Romero

 

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* The Hanging of Dietrich Bonhoeffer

 

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God’s Mercy for Cain by God (Following the First Murder)

 

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* The Execution of Jesus (aka: God Incarnate)

* = Lawful executions of innocents carried out by the official governing bodies of the time

Jesus-the-Prisoner‘Christ didn’t just suffer in the past. Christ still suffers today with us, with anyone who suffers in the world.’

I first heard those words from Brother Alois, the prior of the Taize monastic community, last May during a pilgrimage to the Pine Ridge Indian Reservation.

His words hit me with converting clarity.

Because not one of us 1K pilgrims missed the clear, straight, connect-the-dots line he’d just drawn from the Crucified Christ to the all-but-crucified Lakota Indians on whose land we prayed.

When Brother Alois mentioned ‘collective suffering’ an accompanying illustration or further explanation wasn’t needed.

imagesI thought about those words again last week at Pub Theology as I listened to a friend and lawyer in my church, Brian Stolarz, reflect on his experience of working for nearly a decade to get an innocent off death row in Texas.

Alfred Dewayne Brown had been convicted of a cop-killing in Houston. Despite a lack of any forensic evidence, he was sentenced to be killed by the State on death row.

Brown’s IQ of 67, qualifying him as mentally handicapped, was ginned up to 70 by the state doctor in order to qualify him for execution. This wasn’t the only example of prosecutorial abuse in the case.

At one point in his story, Brian shared a memory of meeting with Brown on death row and afterwards coming upon:

“a church group passing out bibles. They were also passing out fish platters for the prison staff because they were “doing God’s work,” according to a banner draped over a table.

I didn’t want to debate the fact that God would probably not be cool with an innocent man being executed, or probably executions at all, and they should check themselves a bit. I just took the bible and said thank you. I grabbed one and remember reading some Psalms and some of the New Testament on the plane ride home.” 

One Big Setup, 222

Brian went on to mention the dubious reaction from the Christians when he suggested to them that maybe he too was doing God’s work by advocating for the condemned.

It probably won’t surprise you to hear that those same Christians believed their ‘Christian duty’ was to prepare the prisoners (vis a vis the sinner’s prayer) for eternity, not accompanying them in the present.

Here’s what hit me about what Brian shared:

The ‘traditional’ evangelical understanding of the cross, what theologians call ‘penal substitution,’ not only has nothing to say to people like the Alfred Dewayne Brown, penal substitution speaks no good news to them because it simultaneously privileges people like me.

Penal substitution is an understanding of the atonement ideally suited for oppressors and people who benefit from oppressive systems.

On the pop level, penal substitution is the understanding of the cross that says ‘Jesus died for you.’

For your sin.

Jesus died in your place. Jesus died the death you deserve to die as punishment for your sin. Jesus is your substitute. He suffered (suddenly I realize how the past tense is key) the wrath God bears towards you.

On the purely theological level, I’ve always had my theological gripes with that way of understanding the cross, but when as I listened to Brian the this-world, moral deficiencies of penal substitution hit me like a slap across the face.

Saying Jesus Christ died for you, for your sin, for your sin to be forgiven is good news to… sinners.

But what about the sinned against?

What we flipply call ‘Amazing Grace’ is good news for wretches like Isaac Newton. For slave-traders and slave-masters. Thanks to the cross, they’re good to go. Their collective guilt and systemic sin…wiped clean by the blood of the cross.

Hell, we might as well continue in those sinful systems because what matters to Christ isn’t our collective guilt but our individual hearts.

Yet what about those whom the ‘wretches’ has made life an exponentially more wretched experience? What about those innocents wrongly condemned to die at the hands of the State- just like, it’s so obvious it shouldn’t need to be pointed out, Jesus?

At the Lord’s Supper we proclaim that Christ came to set the captives free, yet we persist in an understanding of the cross that bears zero continuity with that proclamation.

We spiritualize and interiorize gospel categories like ‘suffering’ and ‘oppression’ and ‘deliverance.’

Because it suits us.

Because we are ourselves are not oppressed, have no actual desire to be delivered from our ways in the world and suffer only the affliction of the comfortable.

Penal substitution, I realized upon hearing Brian’s words, makes the mistake of acting as though Jesus of Nazareth is the only one to ever be strung up on a cross of shame and suffering.

Put differently, there’s something profoundly wrong about any ‘theory’ of Jesus’ suffering and death on the cross that doesn’t lead straightaway to Christian solidarity with modern-day prisoners.

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By making the cross theologically ‘necessary’ for atonement, penal substitution obscures the real, messy, historical fact that Jesus’ indictment, sentencing and death were all unjust.

When we abstract Jesus’ execution out of its historical context, it becomes too easy for us to stop identifying with those in Jesus’ place in our own contemporary context.

That 100% of Christians in America worship a God who was executed by the State but the majority of Christians in America support execution suggests that we’ve so theologized the story that we’ve lost the plot.

To suggest the primary meaning of the cross is that Christ died for their oppressors’ sins is to perpetuate, in a very real way, their suffering.

If Jesus wept over Jerusalem, I’ll be damned if he doesn’t weep over a place like Houston. And if he called the Pharisees ‘white-washed tombs’ for turning a blind eye to Rome’s oppressive systems, I wonder what he might call us?

Listening to Brian, I realized again that Christ doesn’t die for us so much as Christ dies

A) because of us and

B) as one of us.

With us. In solidarity with those who’ve suffered like him at the hands of empire and indifference.

Location, location, location.

Real estate can make you hear the gospel with different ears, even if it’s from behind bars. That’s what I realized again listening to Brian.

The cross is the opposite of good news unless it is today what it was for the first Christians: a symbol of protest, a demand for and a sign of an alternative to the world’s violence, a declaration that Christ not Caesar is Lord.

The primary message of the cross for someone like me, then, isn’t that God’s grace has saved a wretch like me though it can include that message.

No, the primary message of the cross is that it’s a summons to suffer, as Christ, for those whom the world makes life wretched.

Rather than Jesus being the answer, the solution to our selfishly construed problem, the Cross is meant to afflict us with the right nightmares.