Did the justice system fail?
Many commentators are talking about the failure of ‘ the system ‘ in the case of Clemmons the thug. But did THE system fail, or just parts of it? The police certainly didn’t fail. They arrested him earlier this year when he committed crimes; they were the targets of his rage, four died, but before dying they gave him a gaping stomach wound which impeded his ability to evade and escape; they found him and dealt with him less than three days after his evil act. The prosecutors recognized him as a threat, and warned Arkansas and Washington authorities on seperate occasions not to release him. They asked for a high bail in Washington which was reduced by a judge. So, I don’t see how they failed.
But the Governor of Arkansas took pity on him and released him. The authorities in Arkansas, after he was jailed here earlier this year, lifted a no bail hold order just last week with no explanation, an order which would have kept him in custody. The judge here lowered his bail, ignoring the prosecutors. The law does not allow for stricter punishment of someone with a record like his, His friends and family knew, or should have known, that he was dangerous, threatening to kill cops in their presence, yet, they did nothing, then aided in his medical care, and evading the law.
The whole system did not fail. The police and prosecutors tried to do their job. Others did fail. And society does fail when it can not deal with evil. It fails in its’ responsibility to protect the innocent from the predators. So don’t tell me the system failed. That’s just an excuse for some to evade responsibility for the tolerance of and willful blindness toward evil.
37 Responses to “Did the justice system fail?”
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Dale H says:
I agree with you Kirby on the overly general ‘System’ failure tactic that people use to cover up gapeing holes of responsibility. and a follow up, How does this affect Huckabee? (I supported him in ‘08) I believe it dooms him just as Willie Horton doomed Dukakis.
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Ronald Phillips says:
Kirby, I think that you judge the huckster too harshly. What we need to remember is that when Huckabee dealt with this piece of human feces he had not done all of the things that he has on his rap sheet now. Huck received close to 1000 apps for clemency every year, of which he rejected 92%. 17 people were executed on his watch. At the time, the only things on his record were robbery and burglary if I understand correctly at a tender age of 16. I might have made the same mistake, and Huck has taken full responsibility for granting clemency. Huck didn’t pardon him, he commuted his sentence to 47 yrs at the unanimous recommendation of the clemency board. It was the parole board who let him go. and then the system there and here failed to close the lid on him.
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Roger says:
I would agree with you on this one. Evil is something that we all need to address. However, in today’s world, it seems that we fear those who would tell us that good and evil are relative terms. They are not and our society had better learn very soon that we are talking about morals that are set via a higher power and not the wishy-washy feel good stuff everybody wants to call Ethics!
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Nancy says:
Well said, Kirby!
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Dawn says:
Kirby, it is good to hear your thoughts on this. I was so sad to realize that I would not hear your commentary on Monday mornign about this and other issues. Can’t you come back? Mornings are terrible without you. Where else can we hear a local, conservative talk show host? We need you.
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Keith says:
I kind of figure the judges who reduced his bail failed. We need to see the records of these judges and act appropriately at election day.
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Jerome D. Pickard says:
Kirby,
What happened to your show at KVI? Will you be on locally anytime soon? We miss you! Is KVI on some kind of death spiral with their programming? At least I don’t have to change stations to listen to Rush anymore. Now I have to change stations to hear Sean at noon. Miss you buddy!
JDP -
Lisa in Bothell says:
I think we are seeing a cultural shift taking place. Interesting to see both left and right completely in agreement on the evil of killing police officers in cold blood. What I now find appalling is that the local NAACP has been loudly silent. Time for local black leadership to come out and loudly call for an end to this hate. Where are they???
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Tricia Richards says:
You’re correct…the police & prosecutors did not fail, but the others….purposely and willfully gave in to the thugs, as that’s where their support comes! Despicable…we need to get the names of the judges and make sure everyone knows their name.
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Nancy Rowan says:
Thanks so much for posting, Kirby. As always, you point out the obvious others are unwilling to say.
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Hi Kirby, still waiting to hear your voice and your local show. Anything in the works? Take care now, Susie
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Brittany says:
Well put… I completely agree. I think our country is so good at placing blame, especially when it is targeted at people in authority over us. We don’t want to single out the “poor family” who of course didn’t want to see harm come to their son/brother/friend, because somehow their actions are understandable, so we blame “the system” as you put it. I think our culture, especially here in Seattle, is starting to lean so socialistic in their thinking to the point that they want the people to blend into one group and they want the government to take care of the people. They take the blame for social issues off themselves and put it on the government for not acting enough to keep us safe. Whatever happened to taking responsibility for our own actions and the actions of those around us? We need to be citizens who stand up for the law and stand up and say something when we notice things happen that are not good and right, even if it might make you, as an individual, look like you’re meddling or you’re being judgemental. These types of things will keep happening until we change our view of personal responsibility in relation to our society.
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Don Wile says:
Hi Kirby -
It is so great to “hear your voice” on those topics that express the feelings of so many of us and yet never see them in the press or hear much about them other than talk radio. I wish you had been on the air during this local story that made national headlines. Thanks again for all your service.
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georgie says:
Kirby – Thank you so much for all that you did (along with many others) to eat away at the Republican Party. I know you were a member but by promoting fringe candidates (see Ellen Craswell and John Carlson) and fringe ideas (see just about anything you said) you moved the party so far to the right that Republicans have no power in Washington State.
Thanks again!
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Valerie Endicott says:
Kirby,
As a cops wife and with all due respect, I do not agree as I think the system did fail. Why did a judge in recent weeks allow him out on the streets on bail with his record? Parole violation, violent crime record and then rape of a child? The judge SHOULD NOT have allowed him the ability to bail out! Last year a bill to increase the penalties for domestic violence offenders did not pass due to the cost to our state. At what point do we stop allowing violent criminals the ability to buy their way out either by bail or a state system that simply does not see protecting it’s citizens a priority? Yes, this is a complicated issue but the years my life has been surrounded by the judicial system I have come to this conclusion…it is a system for the criminals. -
Marcia Becker says:
As usual, Kirby, you are ‘right on’ about Clemmons. I believe the judge who lowered his bail should go to jail, too. What do we do about this. Who do we contact to register our outrage?! Also, was quite shocked to hear you were no longer on KVI! God bless you and will look forward to checking your website. I know you will not waver in our fight to save our great country!
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Macabe says:
I agree with this columb. And while i do not believe that Gov. Huckbee had anything to do with this mess at all except follow the advice of his staff over a man who was still a kid at the time. I believe the problem is our judges. But more then that is the people who refuse to get involved and find out who these people are that run for Judicial offices. I just hope that we will always be able to keep our 2nd ammenment.
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Harmon Snipes says:
In many ways the criminal justice system is more broke than the medical system that Washington is racing to take over. This is nothing less than judicial and administrative malpractice.
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LeDeane says:
From what I’ve read it appears Clemmons was mentally ill. While this is not an excuse for what he did, I think it reflects both on our justice system and the gross lack of mental health care access in this country. Unfortunately these tragedies will continue to happen because people do not listen, share, etc.
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Linda says:
“A judge”. Which judge” The public has a right to know which judge is stupid enough to lower a known felon’s bail—especially one that has already committed murder in another state. From now on, I would like to see Judges names in all print media.
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Seabecker says:
But does not the system fail when a component of that system fails? Is not the system chain only as strong as the weakest link?
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Mary Swoboda says:
Huckabee didn’t “release” Clemmons. Clemmons was convicted in Arkansas in 1989 of robbery and theft (he was 16) and was serving a 108-year prison term. Huckabee felt his sentence was unfairly harsh and commuted it to 47 years in 2000, making Clemmons eligible for parole. If Huckabee could have foreseen the future, he wouldn’t have done it. But none of us CAN see the future. Don’t be too hard on Huckabee; at least he accepted responsibility for his part. There’s plenty of blame to go around, including the massive failure of our parole boards. Have any of those people on parole boards ever accepted responsibility for their failures?
http://www.washingtonpost.com/wp-dyn/content/article/2009/12/01/AR2009120102601.html?hpid=moreheadlines -
Jerry Johnson says:
To top it off, Huckabee said on radio today if he had to make the decision again with the same facts as before he would do the same. Such bad judgement and the failure to learn from his mistakes discounts him as a viable candidate for president.
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Bill Wa says:
My disappointment is that he was killed. I would wish him in a pit with bread and water being lowered on twine twice a day. The system did not fail, the system was hijacked by the feelgooders. Just my Opinion.
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Philip Morgan says:
Glad your still out there Kirby, if I had enough money, I’d buy controlling interest in Fisher communications and put you back there where you belong.
When your voting recommendations (for judges) come out, remember the ones who tried this case. I will be keeping them in mind too. I hear now they are claiming lack of background information. Is that what all liberals claim?
God bless you Kirby. -
Anne says:
The police/prosecutors did not fail…it is the Washington STATE judges’ failure; Not just Huckabee!! Huck reduced the sentence for robbery/theft by a 16yr old from 108 yrs to 47 yrs. Our judges put this man out on our streets knowing his present crimes today….Our news media (as usual) is trying to coverup the corruption & lack of responsibility of our Washington state judges!!
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Lyn says:
Criminals thrive on the indulgence of society’s “understanding.” When will we learn this simple truth and act.
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Cammy says:
What I will never understand is why was the no bail hold lifted? That is just crazy and irresponsible when you consider this guy’s track record. What about the bail bondsman?
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Mariana Fisher says:
Couldn’t agree with your assessment more
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Jim says:
Huckabee has said on several occasions that the Arkansas prosecutor did not respond to a request for comments when Clemmens’ commutation was being considered. The prosecutor claims he recommended against commutation. What is the truth?
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Thom says:
Thanks for your thoughts on this Kirby. You were the last thing keeping me listening to KVI. For the record from a Lakewood cop… I do not blame Mike Huckabee, but neither would I vote for him. His decision to commute Cummings’ sentence was made with available information, not hindsite. The system primarily broke down in two places. Arkansas DOC and our own state system that allows previously convicted felons to get out of jail after being arrested and charged with new “strike” offenses. Rep. Chris Hurst is going to be pushing a bill in the legislature that will help to fix that hole. The voters of this state need to start holding judges accountable, if they truly care. There were also a lot of “broken” people that helped Cummings after the fact. Our system will try to punish them, but thanks to sentencing “reform” in this state most will likely get a slap on the wrist because they are not career criminals. I’m getting too angry and choked up to continue at this point, as it relates to that scumbag and his friends and family.
On a related note – please make sure that anyone you have contact with knows how deeply grateful the Lakewood PD family is for the outpouring of support in the midst of the events of this past week. It is truly humbling to see and feel the arms of our community come around us.
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And a second note… It’s been a really long week and I know I’m tired… I also know it’s Clemmons and not Cummings. Sorry for my mistype.
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Christopher says:
The system failed (this time) at the points of concentrated power: the Governor and the Judge. That is not always true and consistent. Interestingly, our civil tradition tries to minimize and diffuse the effects of this kind of concentrated power, but at the same time maintain a strong executive authority (the paradox). The remedy to the “executive” problem is the limitation of power, beginning with the US Constitution. The opposite would seem to be a powerful broad bureaucracy with vague definition and diffused limits on authority and accountability. This is another point of failure, less acute, although equally obvious, like the EPA.
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Lauralee says:
The News Tribune of Tacoma on December 6th has an article on him. Its lists his history, starting in 1972. It looks like many people gave him 2nd chances without knowing his history. The blame can be put on many shoulders. How many more are out there?
So, Kirby, what do we do with all this? If no entity failed, why was this monster allowed to walk among us? I know it wasn’t the police, but beyond them, I do think there was failure. How can this continue? How many more brave officers need to die? This is beyond frustrating. We do need to reform the system somehow and need to have our voices heard.