Wright’s Prosecutor Withheld Criminal History?
Pity Deaf Card ?
Jurors admitted that Wright’s deafness played a role. How much? We will never  know, but from what I’ve underearthed so far, it appears to play a very significant role.
Prosecutor:
The jurors were reportedly informed of just one previous crime committed by Daphne, when, in reality, her criminal record file was already thick, alleged by one reliable source who was shown this file.  An informal investigation  turned up at least one assault charge in D.C. and two charge in Maryland were in Daphne A. Wright’s name.  Two credible people close to Wright claimed a restraining order against Wright was filed in D.C. Yet at least two charges and a restraining order weren’t  shared with the jury, according to a reporter covering this trial. This has me scratching my head because it doesn’t make sense…….. unless the prosecutor may have asked for the death penalty just to appease outraged Sioux Falls citizens but was perhaps privately hoping she would get the life sentence. Using all manner of ammunition when trying for the death penalty would have made more sense rather than this lame show of one small non-assaultive felonious charge, while not revealing other, more serious and more significant, convictions, especially the assaultive one and the restraining order, showing an established history of violent behavior toward other women.
Jury:
Why were 11 women selected for 12 person jury? Having a 92% female jurors, an excessively disproportionate ratio, can sway the final decision considerably.  How many of these 11 women were mothers? Even though the defense team’s expert witness mangled her own credibility when she asserted that Daphne wasn’t fluent in ASL, contradicting her own earlier statements, enough information was provided regarding Daphne’s dismal familial and educational background that may have considerably swayed the jury composing of 92% female. I am sure the fact that Daphne grew up in a residential institution, isolated from her family, and that her mother didn’t learn sign language until Daphne was in high school impacted the female jurors more than the male juror, epecially the mothers.
What Daphne Wright experienced growing up wasn’t exceptional. Unfortunately too many deaf children shared the same upbringing, dealing with severe communication limitations with their families and struggling with poor educational quality. Yet they don’t go around killing a person, chainsawing the corpse into pieces, and dumping the pieces into the landfill and the ditch. Did the prosecutor share this tidbit with the jury?Â
Would Daphne Wright get the Death Penalty if she is hearing? I think so, because the other factors listed above would have been eliminated. But does anyone know for sure? No.
Â
For me, I am glad Daphne Wright got a life sentence, due to reservations about the fairness of her trial. However, the pity deaf card doesn’t go too well with me. This implies that deaf people will get favorable results even if the trial is completely fair, just because their ears don’t work. What happened to the equal treatment of Deaf people? Â
Justice for Darlene?
Understandably some Deaf folks in Sioux Falls are angry with the life sentence, feeling that Darlene never got justice.
However, perhaps Darlene did get justice, after all.
Contrary to ADA and Dept of Justice mandates, the sad fact remains that prisons seldom provide accommodations to meet the needs of its Deaf and HoH inmates. Too often these inmates are extremely isolated from their hearing peers and guards, unable to communicate through sign language. Very rarely do they have the privilege of associating with other deaf inmates. Their access to auxiliary aids, such as ttys and videophones are limited if not non-existent, unlike their hearing peers.  The severe isolation created by lack of communication access often causes mental disorders, especially depression, among these lonely inmates. These inhumane conditions facing deaf inmates in prison alone constitute cruel and unusual punishment.
Â
This is the irony.
e mail contact: mishkazena@aol.com
Copyright TMÂ MishkaZena 2007
Pity Deaf Card ?
Jurors admitted that Wright’s deafness played a role. How much? We will never  know, but from what I’ve underearthed so far, it appears to play a very significant role.
Prosecutor:
The jurors were reportedly informed of just one previous crime committed by Daphne, when, in reality, her criminal record file was already thick, alleged by one reliable source who was shown this file.  An informal investigation  turned up at least one assault charge in D.C. and two charge in Maryland were in Daphne A. Wright’s name.  Two credible people close to Wright claimed a restraining order against Wright was filed in D.C. Yet at least two charges and a restraining order weren’t  shared with the jury, according to a reporter covering this trial. This has me scratching my head because it doesn’t make sense…….. unless the prosecutor may have asked for the death penalty just to appease outraged Sioux Falls citizens but was perhaps privately hoping she would get the life sentence. Using all manner of ammunition when trying for the death penalty would have made more sense rather than this lame show of one small non-assaultive felonious charge, while not revealing other, more serious and more significant, convictions, especially the assaultive one and the restraining order, showing an established history of violent behavior toward other women.
Jury:
Why were 11 women selected for 12 person jury? Having a 92% female jurors, an excessively disproportionate ratio, can sway the final decision considerably.  How many of these 11 women were mothers? Even though the defense team’s expert witness mangled her own credibility when she asserted that Daphne wasn’t fluent in ASL, contradicting her own earlier statements, enough information was provided regarding Daphne’s dismal familial and educational background that may have considerably swayed the jury composing of 92% female. I am sure the fact that Daphne grew up in a residential institution, isolated from her family, and that her mother didn’t learn sign language until Daphne was in high school impacted the female jurors more than the male juror, epecially the mothers.
What Daphne Wright experienced growing up wasn’t exceptional. Unfortunately too many deaf children shared the same upbringing, dealing with severe communication limitations with their families and struggling with poor educational quality. Yet they don’t go around killing a person, chainsawing the corpse into pieces, and dumping the pieces into the landfill and the ditch. Did the prosecutor share this tidbit with the jury?Â
Would Daphne Wright get the Death Penalty if she is hearing? I think so, because the other factors listed above would have been eliminated. But does anyone know for sure? No.
Â
For me, I am glad Daphne Wright got a life sentence, due to reservations about the fairness of her trial. However, the pity deaf card doesn’t go too well with me. This implies that deaf people will get favorable results even if the trial is completely fair, just because their ears don’t work. What happened to the equal treatment of Deaf people? Â
Justice for Darlene?
Understandably some Deaf folks in Sioux Falls are angry with the life sentence, feeling that Darlene never got justice.
However, perhaps Darlene did get justice, after all.
Contrary to ADA and Dept of Justice mandates, the sad fact remains that prisons seldom provide accommodations to meet the needs of its Deaf and HoH inmates. Too often these inmates are extremely isolated from their hearing peers and guards, unable to communicate through sign language. Very rarely do they have the privilege of associating with other deaf inmates. Their access to auxiliary aids, such as ttys and videophones are limited if not non-existent, unlike their hearing peers.  The severe isolation created by lack of communication access often causes mental disorders, especially depression, among these lonely inmates. These inhumane conditions facing deaf inmates in prison alone constitute cruel and unusual punishment.
Â
This is the irony.
e mail contact: mishkazena@aol.com
Copyright TMÂ MishkaZena 2007
April 27th, 2007 at 9:19 am
Hi,
Welcome back my friend… Yes it is the pity card that saved her.. I have my own reservation about death penalty but she is already dying in prison.
ADA is rarely enforced in prison. She will not have friends.
But what the prosecutor did was wrong and playing his political games as usual. I wonder how he could live with himself. HUMM by hiding so much facts on Daphne.
Hope the vicitms in DC, MD and other areas are ok.
April 27th, 2007 at 9:25 am
Mishka Zena,
Prosecutors are sometimes NOT allowed to bring past criminal history into the courtroom during a trial. They are usually only allowed to do this under certain circumstances. The only time a jury can hear about past criminal history is during the sentencing phase.
I wish that you would do a little more homework before casting an opinion claiming this “Deaf Pity Card” stuff.
The fact is she is a gruesome murderer who was tried by a jury of her peers and was found guilty. It is nothing more than that.
It’s funny no one has written anything about J.J. the young deaf man from Port St. Lucie, Fla. who saved his little sister.
You especially seem to harp on the negative and stir up controversey.
April 27th, 2007 at 9:34 am
Pamela,
Where is this so called article on J.J., the young deaf man who supposedly saved his little sister? I tried to Google it, but nothing came of it.
Mishka Zena doesn’t harp on the negative, she merely states the facts as she knows them. But does she stir up controversy, why yes indeed, she sure does! It’s what keeps people like YOU coming back for more and more.
April 27th, 2007 at 9:39 am
Pamela, read more carefully as you obviously missed my point.
The prosecutor in this case was ALLOWED to bring in criminal history from the past. He did with ONE NON-ASSAULTIVE record, but didn’t with at least THREE records, including TWO ASSAULTIVE charges.
These are issues that people should be aware. If you don’t like what I report, feel free to go elsewhere. Nobody is forcing you to come here and read my posts. Yet here you are
Kristi, I won’t be surprised if the prosecutor sleeps better, now that he doesn’t have a death sentence in his conscience. He probably didn’t realize this wasn’t fair. Do you think that is possible?
Carrie, thanks
April 27th, 2007 at 9:40 am
Justice delivered by humans is usuaully subjective. True justice can only come from G-D.
April 27th, 2007 at 9:54 am
Hi KBJ! Good to see you being here again.
I have heard too many stories about “Deaf Pity” Card and I felt that they should not be used because it may affect hearing society. They probably think Deaf would get away with the card - Almost similar with Employment - A employment wont hire a deaf because of their previous experience with other deaf become think all Deaf like that.
Wonder if it would be dangerous for the society if the “Deaf Pity” Card plays too often in court system?
Pamela:
True - At trial, Can’t bring the past into the trial for the current crime.. BUT they are allowed to present Daphne’s background and her records for sentencing pharse. I was at trial and I’ve seen most of it.
KBJ: out of curiously - Did you went to Trial?
April 27th, 2007 at 9:56 am
I keep coming back because I admire her tenacity to get to the bottom of things. I love controversal stuff (spelling is bad today)
This is not negative… it is merely pointing out reality of what is really going on in the Deaf community. You know I prefer this blog than some others who just don’t get their facts right.
One other thing I’d like to point out now that Daphne is in prison there are other mental health therapist who are feeling sorry for her because she had it rough in the past and wanting South Dakota Deaf community services assist her with stuff ok to get what she needs but she is still a criminal a harden one, we need to remember that!
If we become too soft hearted toward them they will continue take advantage of the softies.
April 27th, 2007 at 9:59 am
nope I wish I did go to the trial… I really do because I would give many people piece of my mind lol.
I went to other trials where murdered has happened and seeing plenty of domestic violence (experienced my own domestic violence in the past)…
SH, we would be discussing various of issues all day…
April 27th, 2007 at 10:04 am
KBJ - Sure we can do discussing on various today and other time.
Thanks for answer my question-My apology because I thought you may be from midwest
I would like to know if there is any chance for deaf community in US can fight for their equal rights for court system and be sure there’s no pity card around. I wish there’s a CODA in these juror at Daphne’s trial.
April 27th, 2007 at 10:11 am
while we all wished there was a CODA or Deaf person in the jury during her trial truth to be told… folks from SD would be biased because Darlene is one of their own… Daphne came from NC and she would not have any support unless someone who is not from SD sit in the jury but how can that happen if there is no money.
Deaf pity card will always be a factor in every aspect of life… employment, doctor, school, court and more…
It is up to NAD who says only do civil rights stuff but as well as Commission for Deaf and Hard of Hearing within their state to educate the system. All they could do is watch and see how it goes… but they could have done more… I don’t know because I am not a NAD member and I have my reason for this.
April 27th, 2007 at 10:18 am
I really wanted to attend the trial, too. Unfortunately I wasn’t able to.
KBJ, maybe some day you can share your observations wtih me. I would love to hear what your thoughts are on the treatment deaf people receive in the judicial courts. Several others indicated that multiple civil rights obstacles facing deaf people at the courts are still ongoing to this date.
April 27th, 2007 at 10:20 am
Actually… for State court jurors, they only subpoena people from their own state for example.. Daphne’s trial: All jurors are orginally from Sioux Falls as a county name.
For subpoena different jurors from other states would be only in Federal case. For example, Alfonso Rodiguez (Not deaf but a sex offender in Minnesota kidnapped and murdered a student of N. Dakota) It become a Federal Case. You can go google.com and type “Dru Sjodin” or “Alfosno Rodriguez” to read article if your interested.
Hope this would help you understand better and if Daphne’s case become federal; she’s at higher risk for death penalty.
April 27th, 2007 at 11:05 am
I thought that case would be handled by the Federal court, not by the SD court, as one of the victim’s body part was found in Minnesota if I am correct about this.
Otherwise, I do not care anything about that murderer myself. She will suffer more and more while she spends her life in prison without pardon. I am sure she will stay in her tiny cell 23 1/2 hours or so.
April 27th, 2007 at 11:16 am
Deafster:
It was depend on what Minnesota and South Dakota decide to do with the discovery of Darlene’s torso in Minnesota.
Appearantly, Minnesota handed this to South Dakota and let them handle the case. If Minnesota decide to charge Daphne then it may become federal case.
When Alfonso kidnapped a Dru(Hearing but wanted to give you an example) he kidnapped her in Minnesota while Dru was resident in ND University. So ND and Minnesota decided to charge him. It become federal case. I hope this would help you understand the difference.
Key is: It would be between two states to decide. Daphne’s case are NOT federal case at all… If it’s federal; we would know long time ago.
April 27th, 2007 at 11:49 am
On general principle, it is wrong to play the “pity card” or the “deaf card” to win a better sentence.
In reality, defense lawyers are required to pull all the cards they can short of lying to the jury. That’s defense. To do less would not be being true to the system of justice we have in this country.
The prosecution has a lot of leeway in presenting evidence and possibly they felt that sentencing a disabled person to death with as many mitigating factors as she had would open it up to reversal on appeal and possibly freedom for Daphne. Better to go for the lesser sentence and be assured she would stay in jail.
Morally, the death penalty is full of holes, among them the possibility of convicting an innocent person on circumstantial evidence. For that reason alone, we should have no death penalty at all, so that an innocent person can live to have another chance.
April 27th, 2007 at 12:26 pm
Far from “harping on the negative” or “stirring up controversy”, I think MZ raised a perfectly sensible issue. Was justice served at the Wright trial? Did prosecutors treat her no differently than they would any other defendant? We want equality, not paternalism.
April 27th, 2007 at 1:19 pm
Danirez:
I understand your point. That true; Defense would try anything to save Daphne’s life. I think MZ is trying to make point out about prosecutor. I’ve been at trial most of time.
Freedom for Daphne? If you mean get Daphne out of prison to be a free lady? I don’t think it would happen. She committed a crime; all evidences points all at her - That’s damaging evidence.. Even DNA matches Daphne and Darlene who was killed in Daphne’s basement in her house.
If I’m wrong, can you help me understand what you are trying to say about “Freedom of Daphne”
April 27th, 2007 at 1:21 pm
[…] Why were 11 women selected for 12 person jury? Having a 92% female jurors, an excessively disproportionate ratio, can sway the final decision considerably. How many of these 11 women were mothers? Even though the defense team’s expert witness mangled her own credibility when she asserted that Daphne wasn’t fluent in ASL, contradicting her own earlier statements, enough information was provided regarding Daphne’s dismal familial and educational background that may have considerably swayed the jury composing of 92% female. I am sure the fact that Daphne grew up in a residential institution, isolated from her family, and that her mother didn’t learn sign language until Daphne was in high school impacted the female jurors more than the male juror, epecially the mothers. […]
April 27th, 2007 at 1:43 pm
To Carrie #3,
For anyone looking for a positive story check out this link about a young deaf child named JJ.
http://www.msnbc.msn.com/id/18325943/ - 46k - Apr 26, 2007
April 27th, 2007 at 3:01 pm
Dianrez, you brought a perspective that makes a lot of sense. However, if the prosecutor doesn’t want Daphne Wright to get the death sentence, why did he ask for it in the first place? Possibly to appease S.F. citizens outraged at the atrocities done to the victim?
Pamela, thank you for sharing this story. I haven’t seen it myself.
April 27th, 2007 at 5:57 pm
You said: “This implies that deaf people will get favorable results even if the trial is completely fair, just because their ears don’t work. What happened to the equal treatment of Deaf people?”Â
I challenge you to look into all court cases involving deaf people and whether or not they got favorable results. (now, you don’t have to, but the facts are out there). I know of a few and their sentencing was harsher compared to hearing for a comparable charge. Most court do not provide fair trial to deaf, period. Court process can be very confusing for most. Most are not able to afford an attorney, thus, they are stuck with court appointed attorney whose state public defender office usually has limited budget. Limited budget translate into lack of in depth investigation by the defense, lack of quality expert witnesses, etc.
I agree with you that the inhumane conditions in prison for a deaf person constitute cruel and unusal punshment.
I personally believe Wright did commit the crime and am relieved that she is sentenced to prison for life, rather than death, because I’m against the death penalty.
I commend you for your dedication to be the “watch dog” for deaf people who are accused of a crime, whether they are guilty or not. This area is very much needed.
One example below, issue of being shackled went thru supreme court and lost. That is definitely not good. I don’t know if that case got wide exposure as it was a few years ago and I do know WAD got involved but, it did no good. Wisconsin is one of the states that tramples over deaf rights especially in court. I’ve heard of stories where deaf still have to fight and argue for the right to interpreter without cost to them! Some courts in WI are questioning income of the deaf defendants when really, they should not be doing that. They think deaf is same as spanish people but, not true. Spanish can learn english, thus they choose to speak spanish, they are required to pay for spanish interpeter whereas deaf cannot choose to hear and the ADA law is clear on that. Another example of extreme ignorance. The list goes on and on……
http://www.gmtoday.com/news/local_stories/2005/December_05/12222005_06.asp
http://72.14.209.104/search?q=cache:wjBMafobCVcJ:www.freelists.org/archives/wadnetpost/04-2006/msg00000.html+%22jeremy+russ%22+wi&hl=en&ct=clnk&cd=8&gl=us&ie=UTF-8
http://www.wicourts.gov/ca/opinion/DisplayDocument.html?content=html&seqNo=20692
April 27th, 2007 at 9:00 pm
I believe that daphne got the death penalty sentencing was because she mutilated and destroyed the body. If daphne only killed darlene and left her right there, i dont think death penalty would have been handed right there. I could be wrong on this. I really dont understand how the state determines who gets it and who doesnt get it. If anyone knows, please share it with us.
April 27th, 2007 at 10:18 pm
C, I’ve been hearing a lot of stories how deaf people experienced miscarriages of justice due to lack of interpreters or inferior interpreters.
But this takes the cake. I am horrified to hear this happening in 2006 and that the Wisc Supreme Court refused to take this case. What is the latest update with NAD. Has the lawyer filed a complaint of ADA violation to the Dept of Justice? As a federal law, ADA supersedes all state lawes.
Can you contact me at MishkaZena@aol.com to follow up on this?
Michele, no doubt about that. But I think that was an option decided by the county prosecutor. Why bother trying for one if he wasn’t going to use all the information that may have gotten her on death row? Was it just a charade?
April 28th, 2007 at 3:31 am
I think the Jury did the right thing. Despite the horrific nature of the crime, it was very questionable that the crime was PRE-MEDITATED, the standard for First-Degree Murder.
As to what would happen to Daphne if she was HEARING, I think she would have PLEAD to SECOND-DEGREE and probably received the same sentence. There really isn’t any evidence of premeditation and no reason to presume this wasn’t a Crime of Passion.
April 29th, 2007 at 3:38 pm
I don’t think Wright even had any choice given to her from her lawyer.. She should have just said something at the trail…
But anyway MZ email me privately… I have several things on my mind wanna discuss with you… Let the ball get rolling again..:)