ABC News Wants Your Opinion on Wright Trial
I’ve received a request from a producer for ABC who is really interested in hearing our opinions regarding Wright’s legal counsel citing deafness as a legitimate reason for a waiver of the death penalty.
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This is what he wrote: “Hello, I’m a producer with ABC News NOW, ABC’s digital news service and we’re covering the Daphne Wright case on Thursday’s edition of Guilt or Innocence, our legal program. We want to explore the argument made by her attorney that it would be cruel and unusual to give her the death penalty considering her inability to hear and communicate effectively enough to convince a jury to spare her life.”
Contact xxxx at  xxxxx if you want to share your opinion. (the e mail address removed at the request of the ABC producer as he already got a lot of e mails. He is very pleased with the information sent to him by the Deaf community. Thanks MZ)
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We’ve corresponded several times and he was alerted to my concerns regarding Daphne’s chances for a fair trial, due to the difficulties that may arise due to an interpreters’ possibly faulty translation of ASL and cultural ignorance, something he hadn’t realized prior to our conversations.  I mentioned the displeasure of many deaf people with her legal counsel’s argument and that she could employ a different strategy. Just because she is deaf doesn’t mean she should get special treatment. After all, we have the American Disability Act to ensure that we are all treated equally
Safeguards to ensure the fair trial whenever deaf people testify were described. It’s important to have certified legal interpreters and a camera to record all the testimonies given in American Sign Language . There should be two interpreters, working in 20 minutes shifts, and a monitoring interpreter from the other legal team. That way, if there are any mistakes, the interpreters can catch the error. The camera will provide a visual record if there is any doubt regarding the accuracy of the interpreting. Deaf people who testify will be given opportunities to review the typed transcription for accuracy in translations. I shared with him my personal experiences with certified legal interpreters where I observed both the strengths and weaknesses.
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I also told him that Daphne has three major strikes against her getting a fair trial. She is African American, Lesbian, and Deaf, all of which this city is reportedly not friendly to. Throw in the fact that Sioux Falls doesn’t have any certified legal interpreters and it remains unclear if her defense attorney is versed regarding the legal pitfalls facing a deaf client during a trial. However, she had already won an argument regarding the trial proceedings being videotaped. Nevertheless, if I was Daphne Wright, I’ll be sweating bullets big time about my chances of getting a fair trial by my peers.Â
http://abcnews.go.com/US/BeSeenBeHeard/story?id=2825880 is for hearing people. The show will be broadcast at five thirty PM tomorrow. Feel free to leave your comments here for other readers.
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Jury Selection for Wright’s trial has begun. For the latest updates,
Â
http://wcco.com/topstories/local_story_066165757.html
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http://www.argusleader.com/apps/pbcs.dll/article?AID=2007703070309
email contact: mishkazena@aol.com
I’ve received a request from a producer for ABC who is really interested in hearing our opinions regarding Wright’s legal counsel citing deafness as a legitimate reason for a waiver of the death penalty.
Â
This is what he wrote: “Hello, I’m a producer with ABC News NOW, ABC’s digital news service and we’re covering the Daphne Wright case on Thursday’s edition of Guilt or Innocence, our legal program. We want to explore the argument made by her attorney that it would be cruel and unusual to give her the death penalty considering her inability to hear and communicate effectively enough to convince a jury to spare her life.”
Contact xxxx at  xxxxx if you want to share your opinion. (the e mail address removed at the request of the ABC producer as he already got a lot of e mails. He is very pleased with the information sent to him by the Deaf community. Thanks MZ)
Â
We’ve corresponded several times and he was alerted to my concerns regarding Daphne’s chances for a fair trial, due to the difficulties that may arise due to an interpreters’ possibly faulty translation of ASL and cultural ignorance, something he hadn’t realized prior to our conversations.  I mentioned the displeasure of many deaf people with her legal counsel’s argument and that she could employ a different strategy. Just because she is deaf doesn’t mean she should get special treatment. After all, we have the American Disability Act to ensure that we are all treated equally
Safeguards to ensure the fair trial whenever deaf people testify were described. It’s important to have certified legal interpreters and a camera to record all the testimonies given in American Sign Language . There should be two interpreters, working in 20 minutes shifts, and a monitoring interpreter from the other legal team. That way, if there are any mistakes, the interpreters can catch the error. The camera will provide a visual record if there is any doubt regarding the accuracy of the interpreting. Deaf people who testify will be given opportunities to review the typed transcription for accuracy in translations. I shared with him my personal experiences with certified legal interpreters where I observed both the strengths and weaknesses.
Â
I also told him that Daphne has three major strikes against her getting a fair trial. She is African American, Lesbian, and Deaf, all of which this city is reportedly not friendly to. Throw in the fact that Sioux Falls doesn’t have any certified legal interpreters and it remains unclear if her defense attorney is versed regarding the legal pitfalls facing a deaf client during a trial. However, she had already won an argument regarding the trial proceedings being videotaped. Nevertheless, if I was Daphne Wright, I’ll be sweating bullets big time about my chances of getting a fair trial by my peers.Â
http://abcnews.go.com/US/BeSeenBeHeard/story?id=2825880 is for hearing people. The show will be broadcast at five thirty PM tomorrow. Feel free to leave your comments here for other readers.
Â
Â
Jury Selection for Wright’s trial has begun. For the latest updates,
Â
http://wcco.com/topstories/local_story_066165757.html
Â
http://www.argusleader.com/apps/pbcs.dll/article?AID=2007703070309
email contact: mishkazena@aol.com
March 7th, 2007 at 6:47 pm
I decided to respond to Mr. Kenney — here’s what I sent him via e-mail:
I saw your request posted on the Miskazena Blog site, and decided to toss in my 2 cents worth. I’m neither an attorney nor any kind of legal scholar, but I do have some experience with as an expert witness involving Deaf people in legal situations.
I think her attorney is making a mistake if he/she is continuing to argue that Ms. Wright should be treated differently, solely due to her deafness. For many years (and especially since the passage of the Americans with Disabilities Act) Deaf people have tried to emphasize that being Deaf is NOT a disability to be pitied, but rather a human difference to be accepted by other people, much like Gender or Race.
I suspect that a stronger argument could be made on other topics:
1. Qualification of interpreters used at the time of arrest, arraignment and/or confession (if she admitted to the crime).
2. Ability of Ms. Wright to participate in her own defense, by cross-examining witnesses, by showing a thorough understanding of the Legal System, or an ability to assist her Counsel in preparing her defense.
3. If all else fails an Insanity plea, based on her mental status at the time of the crime. Of course an insanity defense if fraught with its own pitfalls, and a person could find themselves “incarcerated†longer in a mental hospital than if they simply pled guilty to a lesser offense.
There may also be a case to be made for a change in venue, but its hard to imagine that a case so notorious would be more fairly judged in a different location in South Dakota. Of course, there are probably other locations in the US that may not have strong biases against sexual orientation, race and deafness (I’m just guessing here, of course).
March 7th, 2007 at 8:36 pm
WOW ABC producer contacted you means your hot… Congrats!!!! He recognized you.. Impressed… I bet it was because of your blog.
Aidan
March 7th, 2007 at 9:17 pm
Do you have the link for ABC News where this will be reported?
March 8th, 2007 at 7:04 am
See why you’re one of my favorite bloggers? You always have my uttermost respect!
Back to Daphne…I thought you wrote an excellent comment.
Even though I am mostly against Death Penalty - but the fact that she’s DEAF should not dismiss her for her notorious and gruesome actions.
However, like you said, it’s the process itself with interpreters that we all have experienced with - language transfer errors.
Also sometimes - this is NOT on behalf of the deaf person’s intelligent - asking questions to a hearing person is not really the same as a deaf person.
I hope that didn’t come out wrong… I don’t know how to explain that.
Sometimes I’d need them to elaborate on their questions in order to give them the answer.
I also think that more than one interpreters - of course, qualified - need to study Daphne’s signing and perhaps interview those who knew her (deaf, of course)in order to understand Daphne’s communication mode and how she understands/answers questions?
We are aware that a sign can be misinterpreted by an interpreter!
Also, should videotape interpreters because they have a person typing in what is being heard in the court.
Same should go for the interpreters - they should be videotaped to ensure that they are not making language transfer errors from ASL to English and vice versa.
Good for them to get input from the Deaf Community.
I hope this would be a great model for other courts to follow for deaf people in court.
March 8th, 2007 at 9:52 am
I have another question that maybe should not be discussed?
Or perhaps this should be a separate discussion on its’ own?
But I was wondering about the jury…you know, equal peer to the person being tried.
Do you think it should be done with all deaf juries on board?
Or with mixture of those who know ASL and exposure to Deaf Culture to be involved?
Would that be considered as a more fair trial?
March 8th, 2007 at 11:06 am
IC, an excellent e mail!
Adian, thanks. A good number of hearing people read my blog since it is fully accessible to them. The fact I address topics and not stoop down to personal attacks nor bashing give my blog credibility. Yes, he found my blog by googling, just like many other readers did.
Iam, that is a good response. I certainly hope you did forward that to the producer.
In response to your second post, I think it helps a lot if Daphne is tried by her deaf peers, like Native Americans do. That way, the language barriers and cultural misunderstandings would be eliminated. Unfortunately this is not possible under current American justice system.
March 8th, 2007 at 11:59 am
I doubt that there will be any “peers” on the jury. It would be interesting if she is convicted and then appeals based on the lack of peers on the jury which is her right.
March 8th, 2007 at 2:47 pm
Need Hire professial ceritfied Interperter is best way
March 8th, 2007 at 3:35 pm
I’d want to see at least two Deaf expert witnesses; who are also thoroughly familiar with the Deaf culture.
Kudos to Mishkazena for providing this pipeline from the Deaf community to the news service!
March 8th, 2007 at 4:05 pm
Tom, that is a very good basis for an appeal.
Dianrez, thanks. I was also thrilled when this ABC News producer was receptive to hearing from other members of Deaf Community.
March 11th, 2007 at 1:15 am
MZ:
Where did you get the information that South Dakota was unfriendly toward lesbian, Races, Deaf, and etc. I would like to know if you can give me an article so I can read about it.
South Dakota is not only one state that are unfriendly - There are few other states such as North Carolina, South Carolina (Religious state, they specificized with GLBT view in these states).
March 11th, 2007 at 9:37 am
Meg, from people living in that city and also others who visited that city. Yes, for sure there are many other areas not friendly to Deaf Black and gay woman.