News: Deaf Bloggers and Wright Trial
Some Question Fairness In Wright Trial
[Videoclip with my picture and quotes (http://www.keloland.com/NewsDetail6162.cfm?Id=0,56073), but it's not captioned. The article is a summary of the videoclip. MZ]
A week into Daphne Wright’s murder trial, and some deaf people around the country still wonder whether it’s possible for her to get a fair trial.
Wright’s lawyers say she’s fairly intelligent; her IQ is 110. But the deaf woman only reads English at a third-grade level.
That leads some activists to question whether the courtroom accommodations are enough to make sure she understands the proceedings.
Wright uses American Sign Language, which isn’t just the English language spelled out into signs. ASL is its own language, with different sentence structures than English. So even though the judge took some extra steps to accommodate her in the courtroom for the trial, some people think Wright still has trouble understanding everything that’s going on.
Deaf civil rights activist Elizabeth Gillespie from Maryland runs a blog, commenting on issues involving deaf people around the country. In recent weeks, her topic of choice has been the murder trial of Daphne Wright, the deaf woman accused of murdering and dismembering another deaf woman, Darlene VanderGiesen.
Gillespie immediately wondered whether Wright can fully understand what’s said in the courtroom. In an online interview with KELOLAND News she writes:
“I am impressed with the efforts of her lawyer. She is trying her best. But unfortunately, I don’t feel [Wright] is getting a fair trial due to the denial of a certified deaf interpreter.”
Wright understands ASL, or American Sign Language. But she’s not as proficient in written English. That was evident in court this week as prosecutors introduced notes she wrote while being investigated. Wright’s sentences are not grammatically correct, in part, because of the translation that’s lost through ASL to English.
That’s why Gillespie says courtroom accommodations like this real-time text translator don’t necessarily help Wright.
The courtroom interpreters in Wright’s trial do translate the spoken English into ASL. But Gillespie worries, with the speed everyone talks and all the complicated concepts in a courtroom, the interpreters would have trouble clearly translating everything.
Gillespie writes: “This would be very difficult to do if the interpreting is simultaneous”
A certified deaf interpreter, which Gillespie believes Wright needs, is a second interpreter who, like the defendant, is deaf. The CDI would watch the main interpreter then retranslate everything to Wright to ensure comprehension. The defense asked a CDI, but Judge Brad Zell rejected the request in an earlier hearing, determining that the interpretation is sufficient.
Another related articleÂ
04/06/2007
Bloggers Sound Off On Wright Trial
The Daphne Wright murder trial is getting more than just media attention. Internet bloggers from all over the country have something to say. And the deaf community is turning to their computers to voice their opinion on the jury, the evidence, and the suspect.
Internet Blogging has changed the way people communicate. It’s allowing bloggers to follow news across the country. And right now, they’re following it to South Dakota.
One blogger questions executing a deaf criminal. She states she doesn’t know Wright, nor does she know anyone who does. But she writes for Daphne to be fairly judged, the jury selection should choose people whose background is similar to Daphne’s. She also writes quote the “Next best thing to a Deaf jury are expert witness evaluators who are Deaf themselves.”
Several bloggers respond to these statements, one writing that the Deaf will have to initiate such changes.
Just this week a deaf blogger writes, quote “Since Wright continues denying the murder, I think she should be given more time being observed by deaf psychiatrists, not the hearing ones with interpreters.”
Other bloggers plead to South Dakotans to help Wright out. One blogger writes that people in the Deaf community aren’t incompetent and deserve a fair trial.
And a blogger from the deaf community in Maryland criticizes not having an African American in the jury and not having a certified Deaf interpreter in the courtroom.
Read Blogs Here
http://www.keloland.com/NewsDetail6162.cfm?Id=0,56072
Commentary: When it became obvious that Wright’s rights for a fair trial were in serious jeopardy, I alerted the reporters, raising this issue with them. It was a pleasure talking to the reporters and educating them on the differences between the hearing interpreters and deaf interpreters. Just like others, they assumed all translations were in ASL and didn’t understand that this isn’t accurate.
Few angry Sioux Falls citizens are leaving comments in my blog and Dianrez’ blogs. They feel Daphne Wright is being pampered too much and also that we want Daphne go free because she is deaf (eyes rolling) Only if they really understand. But seriously some people don’t care if she doesn’t understand the trial fully because of her heinous crimes. My point is why shouldn’t she have full access to communication accorded to her by our Bill of Rights because some dimwit judge cannot understand that hearing interpreters aren’t fully accessible to a strong Deaf ASL-user?  How can she participate in her own defense if she cannot understand the legal proceeding? MZ
email contact: mishkazena@aol.com
More on Wright Trial:
Testimony focuses on body Victim’s mother breaks down as jury views burned clothing http://www.argusleader.com/apps/pbcs.dll/article?AID=2007704060304
copyright mishkazena (TM) 2007
Some Question Fairness In Wright Trial
[Videoclip with my picture and quotes (http://www.keloland.com/NewsDetail6162.cfm?Id=0,56073), but it's not captioned. The article is a summary of the videoclip. MZ]
A week into Daphne Wright’s murder trial, and some deaf people around the country still wonder whether it’s possible for her to get a fair trial.
Wright’s lawyers say she’s fairly intelligent; her IQ is 110. But the deaf woman only reads English at a third-grade level.
That leads some activists to question whether the courtroom accommodations are enough to make sure she understands the proceedings.
Wright uses American Sign Language, which isn’t just the English language spelled out into signs. ASL is its own language, with different sentence structures than English. So even though the judge took some extra steps to accommodate her in the courtroom for the trial, some people think Wright still has trouble understanding everything that’s going on.
Deaf civil rights activist Elizabeth Gillespie from Maryland runs a blog, commenting on issues involving deaf people around the country. In recent weeks, her topic of choice has been the murder trial of Daphne Wright, the deaf woman accused of murdering and dismembering another deaf woman, Darlene VanderGiesen.
Gillespie immediately wondered whether Wright can fully understand what’s said in the courtroom. In an online interview with KELOLAND News she writes:
“I am impressed with the efforts of her lawyer. She is trying her best. But unfortunately, I don’t feel [Wright] is getting a fair trial due to the denial of a certified deaf interpreter.”
Wright understands ASL, or American Sign Language. But she’s not as proficient in written English. That was evident in court this week as prosecutors introduced notes she wrote while being investigated. Wright’s sentences are not grammatically correct, in part, because of the translation that’s lost through ASL to English.
That’s why Gillespie says courtroom accommodations like this real-time text translator don’t necessarily help Wright.
The courtroom interpreters in Wright’s trial do translate the spoken English into ASL. But Gillespie worries, with the speed everyone talks and all the complicated concepts in a courtroom, the interpreters would have trouble clearly translating everything.
Gillespie writes: “This would be very difficult to do if the interpreting is simultaneous”
A certified deaf interpreter, which Gillespie believes Wright needs, is a second interpreter who, like the defendant, is deaf. The CDI would watch the main interpreter then retranslate everything to Wright to ensure comprehension. The defense asked a CDI, but Judge Brad Zell rejected the request in an earlier hearing, determining that the interpretation is sufficient.
Another related articleÂ
04/06/2007
Bloggers Sound Off On Wright Trial
The Daphne Wright murder trial is getting more than just media attention. Internet bloggers from all over the country have something to say. And the deaf community is turning to their computers to voice their opinion on the jury, the evidence, and the suspect.
Internet Blogging has changed the way people communicate. It’s allowing bloggers to follow news across the country. And right now, they’re following it to South Dakota.
One blogger questions executing a deaf criminal. She states she doesn’t know Wright, nor does she know anyone who does. But she writes for Daphne to be fairly judged, the jury selection should choose people whose background is similar to Daphne’s. She also writes quote the “Next best thing to a Deaf jury are expert witness evaluators who are Deaf themselves.”
Several bloggers respond to these statements, one writing that the Deaf will have to initiate such changes.
Just this week a deaf blogger writes, quote “Since Wright continues denying the murder, I think she should be given more time being observed by deaf psychiatrists, not the hearing ones with interpreters.”
Other bloggers plead to South Dakotans to help Wright out. One blogger writes that people in the Deaf community aren’t incompetent and deserve a fair trial.
And a blogger from the deaf community in Maryland criticizes not having an African American in the jury and not having a certified Deaf interpreter in the courtroom.
Read Blogs Here
http://www.keloland.com/NewsDetail6162.cfm?Id=0,56072
Commentary: When it became obvious that Wright’s rights for a fair trial were in serious jeopardy, I alerted the reporters, raising this issue with them. It was a pleasure talking to the reporters and educating them on the differences between the hearing interpreters and deaf interpreters. Just like others, they assumed all translations were in ASL and didn’t understand that this isn’t accurate.
Few angry Sioux Falls citizens are leaving comments in my blog and Dianrez’ blogs. They feel Daphne Wright is being pampered too much and also that we want Daphne go free because she is deaf (eyes rolling) Only if they really understand. But seriously some people don’t care if she doesn’t understand the trial fully because of her heinous crimes. My point is why shouldn’t she have full access to communication accorded to her by our Bill of Rights because some dimwit judge cannot understand that hearing interpreters aren’t fully accessible to a strong Deaf ASL-user?  How can she participate in her own defense if she cannot understand the legal proceeding? MZ
email contact: mishkazena@aol.com
More on Wright Trial:
Testimony focuses on body Victim’s mother breaks down as jury views burned clothing http://www.argusleader.com/apps/pbcs.dll/article?AID=2007704060304
copyright mishkazena (TM) 2007
April 7th, 2007 at 9:15 am
Way to go, Mishkazena! I’m glad you got the attention of the reporters.
April 7th, 2007 at 9:21 am
Elizabeth, I am very, very impressed with the efforts YOU put into this trial, putting aside your emotions and focus on the FAIR TRIAL itself for the deaf people – guilty or not.
This is a very, very important lesson for all courts to watch closely!
This is what we all have been waiting for - full access to communication.
Guilty or not - we have that right.
By the way, you do look different with hair - and you look nice!
I have to admit, I still miss your bald head!
April 7th, 2007 at 10:09 am
IamM,
I am also very impressed with Elizabeth’s skill in dealing with the media bringing more light for the deaf to have more voice to defend themselves in courtrooms.
April 7th, 2007 at 10:31 am
Kudos, MZ! You’re becoming a blogger of note in the hearing press! Keep it up and you’ll become the Voice of the Deaf Community!
April 7th, 2007 at 11:07 am
Thanks, everybody. I am glad the reporters heard us, too, including you, Dianez, and others, and shared our concerns with the S.F. folks.
Iam, I was very happy to have my hair back, believe me! lol
April 7th, 2007 at 11:39 am
Hi there, my husband said that we met at a party before so I think I remember you now.
Anyway, it is an interesting topic to ponder over. I often wonder about deaf murderers who never had to go to a trial like Joseph Mesa, one Gallaudet student (I cannot remember his name but he stabbed his roomie and threw him out of the window in Benson Hall) and few others. The only thing that made headlines was the trial that Lowell Myers did for the black man commonly known as “Dummy” (I cannot remember his real name) convicted of raping and murdering someone. Therefore, there is not much evidence that deaf interpreters are an asset to the courts because of the very same reasons that often deaf murderers do not go on trial and often plead guilty.
Daphne probably declared herself innocent so they had to try her on trial, I wonder if she called for a lawyer when she was brought in for questioning? Also did Daphne request for a deaf interpreter? I could not find anything that a deaf interpreter was requested and the judge denied it. Where is it? If you could give me the link, I would appreciate it.
April 7th, 2007 at 11:42 am
Elizabeth, Elizabeth!
We are fathomlessly and immeasurably indebted to you!
We know NOT what to do without you! I urge you to work as an investigator for the NAD. Please send a copy of your blogs to the NAD’s
Executive Director Nancy Bloch at Bloch@NAD.org.
April 7th, 2007 at 12:28 pm
Michele, I don’t believe we’ve ever met, though your hubby and I know each other. Maybe some day we will
I don’t have the link to the judge turning down the request for deaf interpreter during the pre-trail hearings. However, both Daphne’s lawyer and the S.F. trial reporters confirmed this during our emails/ IM conversations the last several days.
Jean, thanks. Sending my own blogs to NAD would may come across as bragging, so I don’t feel comfortable doing this. But thanks again
April 7th, 2007 at 2:54 pm
MZ! Oh wow! You made it to the world of syndicated news! You’ve bridged the gap. You re the model of news reporting and v/blogger for all of us to follow. Deaf queer has provided minute details of the trial and I say for all of us we appreciate the blogger for following the trial.
You on the hand report as advocate and activist for equality. This is the dawn of the deaf. They re hearing us out there.
April 7th, 2007 at 2:56 pm
DianeRez and you are not the only bloggers that questioned the South Dakotans’ ability to have a fair trial.
My blog along with Joseph Rainmound did. Heck, I was interviewed by ArgusLeader.com, the state newspaper of South Dakota…
As long as we have the common goal, we’ll be fine.
They’ll watch their butts.
R-
April 7th, 2007 at 3:10 pm
Michelle
The deaf murderers you mentioned, Joseph Mesa, Jamie (Benson Hall 1980) and the black guy all plead guilty and bypassed the trial. Joseph Mesa had the deceased’s possessions in his room - his jacket, bankcard and returned checks he wrote to himself with the deceased’s checks so with these evidence it was clear he would be found guilty by a jury so he plead out. As for Jamie, he threw the deceased outta the window in a jealous rage and once he threw him out he “woke up” and realized what he had done. He calmly rode the elevator to the RA office who observed his bloody shirt and hands. He requested police in RA office and stayed there until police arrived. Jamie escorted police to room 808 with the bloody carpeting and wide open window. Jamie calmly walked to the window and pointed his finger to below where the deceased lay on the parking lot in the rear of the building. He then offered his hands to the police. So clearly he plead out. He served 18 years and is now out. Joseph Mesa, I believe is a lifer.
Daphne obviously plead not guilty which is why she is having the trial. However with all the evidence police has, I question whether Daphne understands that these evidence are very strong and that the liklihood of a jury finding her not guilty is very slim or none? MZ is on target with her concerns whether Daphne really understands legal proceedings.
April 7th, 2007 at 5:35 pm
Cy, thanks. I’ve had some experience working with the media in the past. So if I see something wrong, I’ll speak to the reporters directly. You all can do that, too. Media can be our powerful allies.
Ricky, I went out of my way and contacted three reporters first regarding Deaf people’s concerns about Wright’s rights to a fair trial being compromised by the lack of deaf interpreters. They have no clue there was a problem with the interpreters until they heard from me as they weren’t aware of the differences among the interpreters, ASL, and English Signs until I educated them. During our correspondences, I passed them information on other bloggers and commenters, so they can see for themselves that this is a big concern in the deaf community about the deaf interpreters not available.
Cy, Joseph Mesa did go to the courts, pleading not guilty by reasons of insantiy. He even researched on a mental disorder so he can fake the symptoms. However he was busted by the prosecutors showing the evidence of few psychology textbooks checked out by him from library. The judge threw the book at him, saying he wished DC has the death penalty law cuz if so, he would made sure Mesa gets the death penalty. I remember being surprised as that was very unusual for a judge to be so outspoken. The jury and the judge saw him clearly as a psychopathic killer.
April 7th, 2007 at 8:45 pm
If you could find the link of a newspaper or whatever that the judge denied Daphne’s or lawyer’s request for deaf interpreter, there could be grounds for appeal or whatever. This is why I was asking for it.
April 7th, 2007 at 8:54 pm
Oh, yes, they definitely will have grounds for an appeal. It’s all in the record.
April 7th, 2007 at 9:00 pm
Sorry I hit the button before I could complete my comments.
Is there any way we could find out why the judge denied the request? Is it because it was cost prohibitive? Or there was not enough explanation from the defense on why Daphne needed a deaf interpreter? Or what?
How does the defense team communicate with Daphne? Do they have their own interpreter when they converse before and after trial? Or does Daphne have to resort to writing to her defense team? Because if we could get all the answers, then we would have sufficient evidence that there needs to be better communication access for Daphne. I also wonder if Daphne has access to tty/computer/VP or whatever if she needs to talk to her lawyer at any time? Or is she severely restricted to time frame when her lawyers can come and talk to her?
I’m not sure how they select jurors but there was some talk that there should be deaf jurors, how can they select them without playing favorites or what? I would have to check and see how jurors are chosen after they receive jury summons in the mail cuz I’m not sure how they determine who to select when they send out jury summons and if they know in advance if there are deaf people? Would drivers license indicating that we are deaf help us have better chance of being selected for a jury that has a deaf client?
Sorry to be asking lots of questions.
April 7th, 2007 at 10:45 pm
MZ,
I seem to recall upon hearing evidence presented at his trial, Joseph Mesa realized the impossiblity of the jury finding him not guilty, he opted to plead guilty before the trial could conclude? Sometimes DA would offer the option to plead out during middle of a trial to avoid death penalty which is how Mesa received a life sentence? That was what I seem to understand? I may be mistaken…
April 7th, 2007 at 10:51 pm
Horray for MZ! In Boston area, I had heard that the most court allow the CDI and the interpreter (both are certified of course) in the court for the Deaf person. Is there any way for the Wright’s defense to hear this and prove this to the judge in SD? Judge violates the ADA law. The defense team should go up to the Supreme Court of SD about this (I think). The NAD should have followed up with the SD court to ensure the Wright and the Deaf victims get the accessible needs. Not only for them but there is another Deaf guy who is in jail for murder in NC. The trial keep putting off for three years! Hopefully this August, the interpreters will be available.
April 7th, 2007 at 10:57 pm
Again this case true biz serious - Guilty or not. It is because they face the death penalty! Scary huh?
If the case is minor re: Forgery, break and entry, stealing etc .. then no biggie. My 2 cents here
April 8th, 2007 at 12:10 am
MZ, I am happy to have you WITH us, not AGAINST us because what you did for us in terms of Deaf-related issues is priceless.
About Mesa, you’re right. He is psychopath. Who brought him to MSSD then Gallaudet? Jane Fernandes. Long story but that is for another day.
Frankly, I am tired of hearing people making decisions FOR us but when it is our turn, they whined!
R-
April 8th, 2007 at 1:47 am
Speaking of Jury Selection. It’s pretty common for a deaf person to be dismissed as a potential juror due to his/her deafness. The courts have found a way to dismiss it once they get a questionaire back that most always asks if you need special services. I have lived in this county of my state for 15 years and have yet to receive a summons! My co-workers get theirs more than once. How is it fair?
April 8th, 2007 at 11:58 am
Cy, with the help of a friend I found the article where the jury convicted Mesa: http://www.deafhotnews.net/features/gallaudetmurder/data/Nov01_02/post_may22b_02.pdf
Diane, thanks. I have no doubt the lawyer will appeal this if Wright is given the death sentence.
Ricky, thanks.
C, you bring up a good question. I was summoned three times, but unfortunately I had to decline them. I know several deaf people who did serve as jurors but it appears most deaf still got excused even though they wanted to do their civic duty. In my county, the court system is more than happy to excuse the deaf people because of the expenses of interpreter. I thought that was so wrong considering that the court system don’t excuse the hearing people.
April 8th, 2007 at 12:12 pm
Michele, don’t be sorry! You brought up many good questions.
My understanding is that the judge felt that the hearing interpreters will be sufficient. Apparently hearing interpreters evaluated Daphne and felt she will understand them. If so, excuse me? They are hearing. Deaf professionals should evaluate Daphne because since they are Deaf, they are more qualified to do the assessment.
Daphne’s defense lawyers have their own interpreters. About access to tty/vp/computer, that’s a good question. I would expect that the lawyers demand Daphne has access to tty as that’s required by the law, but with computer or vp, I have no idea, nor do I know about the unlimited time, either.
Since Sioux Falls has good number of deaf people due to CSD, I don’t know why none were selected. Were they summoned? Who knows?
Jurors must be neutral and not prejudicial. A bigger question is this is there any neutral deaf people in Sioux Falls who is still neutral and don’t know Daphne, Darlene, or their friends? I would be surprised if there is any deaf people who don’t know Darlene as she was extremely well liked there.
April 18th, 2007 at 9:01 pm
I think that Daphne recieved to much pampering as well. She didnt consider Darlene’s civil rights before she murdered her and cut her up into pieces. I think her rights should have been taken from her like she took the life of and right to live of Darlene. Its pretty sad whn you can drive by the highway when they are pulling body parts out of ditch out side of Beaver Creek MN, and you have to tell your kids what happened.. It just makes me sick that some one who can plan and carry out a murder can expect people to feel bad for her. I think she should have got lethal injection. I feel sorry for Darlenes family because i dont think that her life sentence is justice.
April 18th, 2007 at 9:26 pm
i completly agree with brandy she should have thought about the other persons life and not just her and her feelings; and i had absolutly no doubt that south dakota could have a fair trial; if you dont like people to treat you diffrent for what/who you are and choices you’ve made then dont expect them to treat you diffrently when it comes to things like this; i think she got off easy
April 18th, 2007 at 9:30 pm
and sioux falls isnt that small im sure ther were plenty of people who didnt know them …..