WEBVTT 1 00:00:01.080 --> 00:00:06.000 It's nice with I'll you easy Boston's video. 2 00:00:07.120 --> 00:00:10.240 I guess it is my good friend in many ways. 3 00:00:10.320 --> 00:00:15.800 Mentor Harvey Silverglay, and we are talking about a situation 4 00:00:15.960 --> 00:00:19.399 in Boston where the Boston bomber too, I choose not 5 00:00:19.480 --> 00:00:23.359 to use his name. His lawyers now are filing another 6 00:00:23.480 --> 00:00:29.440 appeal to get him out from underneath the Dan McLean 7 00:00:29.519 --> 00:00:33.520 sword of the death penalty. And some conversation has come 8 00:00:33.600 --> 00:00:37.759 up about a supermax prison in Colorado. Harvey, I don't 9 00:00:37.799 --> 00:00:40.679 know if you've ever been there or not. I know 10 00:00:40.840 --> 00:00:43.359 little about it. I've never been there. Tell us what 11 00:00:43.479 --> 00:00:45.560 your understanding of it is, because you say that it 12 00:00:45.679 --> 00:00:47.560 is worse than the death penalty. 13 00:00:49.079 --> 00:00:49.240 Uh. 14 00:00:49.840 --> 00:00:55.799 The supermax prisons have the innate in isolation twenty three 15 00:00:55.880 --> 00:00:59.719 hours a day. There's only one hour a day when 16 00:00:59.759 --> 00:01:02.359 they are allowed out in the yard with other inmates. 17 00:01:03.200 --> 00:01:06.680 I don't know how anybody stays sane in the supermax prison. 18 00:01:06.760 --> 00:01:10.879 Maybe they don't. There have been a tax on a 19 00:01:10.959 --> 00:01:13.400 supermax prism on the ground that it constant it is 20 00:01:13.480 --> 00:01:17.680 crueler unusual punishment that has not yet prevailed. But I 21 00:01:17.719 --> 00:01:21.480 wouldn't be surprised if the composition of the Supreme court 22 00:01:21.560 --> 00:01:26.040 were to change to a more liberal court, that argument 23 00:01:26.159 --> 00:01:28.920 might prevail one of these days. As you know that 24 00:01:29.079 --> 00:01:35.400 these the subjective cultrucial arguments change over generations. It is 25 00:01:35.560 --> 00:01:38.920 worse than death in the opinion of the many people, 26 00:01:39.040 --> 00:01:40.000 including myself. 27 00:01:41.200 --> 00:01:44.359 Right, But I think I was about to make that point. 28 00:01:45.879 --> 00:01:49.680 Do they they have visitors? Correct? Family members? 29 00:01:51.359 --> 00:01:55.439 Yes, you can have visitors and three meals a day, 30 00:01:55.959 --> 00:01:59.200 but the isolation drives some of them quite crazy. 31 00:01:59.799 --> 00:02:08.240 They have access to televisions, yes, they do so radios. 32 00:02:08.319 --> 00:02:10.919 I mean we could have him listening to our show tonight. 33 00:02:11.680 --> 00:02:14.840 Are they do they have access to would like to 34 00:02:15.000 --> 00:02:17.919 have a life where or you do all day is 35 00:02:17.960 --> 00:02:19.599 watch television? You'd go crazy. 36 00:02:20.159 --> 00:02:24.520 A lot of my friends do that. Actually, some of 37 00:02:24.599 --> 00:02:27.360 my friends only watch watch CNN from morning to night, 38 00:02:27.400 --> 00:02:29.360 and some of my friends watch Fox News. And I'm 39 00:02:29.360 --> 00:02:34.159 trying to get him to me. Let's let's keep going here, Harvey. 40 00:02:34.199 --> 00:02:36.879 We got a bunch of calls and I'm enjoying the conversation. 41 00:02:37.240 --> 00:02:40.680 I hope you are. I appreciate your time. Let's go 42 00:02:40.879 --> 00:02:45.439 next to Mark in Cambridge. Okay, Harvey, Marks from Cambridge, 43 00:02:45.479 --> 00:02:46.599 So maybe. 44 00:02:47.759 --> 00:02:52.439 I thank your welcome. 45 00:02:55.719 --> 00:02:56.280 And I'm gonna be. 46 00:02:59.680 --> 00:02:59.919 A bench. 47 00:03:02.680 --> 00:03:05.120 By the way, I'm having trouble hearing you, and if 48 00:03:05.120 --> 00:03:08.159 I'm having trouble Harvey as well, are you on a speaker? Photo? 49 00:03:08.240 --> 00:03:13.000 So sort, I just think it off. 50 00:03:15.960 --> 00:03:19.840 Do me a favorite kind of clean up Mark's audio there, Okay, 51 00:03:20.080 --> 00:03:21.960 I don't want to lose him. We'll bring him back. 52 00:03:22.439 --> 00:03:26.039 Let's go in the meantime to Bob and rain him. Bob, 53 00:03:26.120 --> 00:03:28.120 hopefully your audio is a little better than Mark. 54 00:03:28.199 --> 00:03:32.520 Go ahead, Bob, all right, I'll try. Hi, Dan, Hi, Harvey. 55 00:03:33.800 --> 00:03:36.560 Ado, go right ahead, Dan. 56 00:03:36.680 --> 00:03:39.319 I think I'm with you one thousand percent on this one. 57 00:03:40.439 --> 00:03:43.800 You're a brave Dan, and and do your battle with 58 00:03:43.879 --> 00:03:45.240 Harvey civic like, go right ahead. 59 00:03:46.240 --> 00:03:46.479 Well. 60 00:03:46.960 --> 00:03:50.240 As a human and thinking from the victim's point of view, 61 00:03:51.000 --> 00:03:54.080 I don't think I could sleep at night knowing that 62 00:03:54.319 --> 00:04:00.599 the person that perpetrated whatever the horrendous crime did my 63 00:04:00.840 --> 00:04:04.120 loved one is still breathing the air and eating food. 64 00:04:04.599 --> 00:04:05.599 And watching TV. 65 00:04:06.120 --> 00:04:09.759 And I wouldn't be able to sleep at night. And again, 66 00:04:09.840 --> 00:04:13.039 I think it goes back to what about the victims here? 67 00:04:13.360 --> 00:04:17.519 I mean, there's several victims when one person is murdered 68 00:04:18.319 --> 00:04:21.199 by another individual, and in the case of this case, 69 00:04:21.279 --> 00:04:26.120 in Boston. Why why is this guy still breathing the air? 70 00:04:26.439 --> 00:04:29.639 And what about the poor I can't remember? Is that 71 00:04:29.720 --> 00:04:30.600 the Richard family? 72 00:04:35.319 --> 00:04:38.000 But by the way, just so you know, I believe 73 00:04:38.040 --> 00:04:43.040 that his parents oppose the imposition of the death penalty, 74 00:04:43.120 --> 00:04:45.040 and they would support Harvey's argument. 75 00:04:46.560 --> 00:04:49.879 I'm surprised at that because I don't know. 76 00:04:50.040 --> 00:04:51.600 They must be they. 77 00:04:51.560 --> 00:04:54.199 Must be, no, I assure you, right, but I don't know. 78 00:04:55.160 --> 00:04:58.240 I mean, they must be better the people than me 79 00:04:58.480 --> 00:05:01.079 or whatever. But I could never I could never fail 80 00:05:01.160 --> 00:05:04.000 that way. And the other thing is is I think 81 00:05:04.120 --> 00:05:09.120 the death penalty could work as a deterrent if it 82 00:05:09.319 --> 00:05:16.759 was done swiftly instead of waiting thirty years to put 83 00:05:16.839 --> 00:05:20.399 these creeps to death. Okay, I mean it's it's. 84 00:05:20.800 --> 00:05:22.480 Let me get let me let me give Let me 85 00:05:22.560 --> 00:05:24.959 give Harvey a chance to persuade you. I don't think 86 00:05:24.959 --> 00:05:27.680 he's going to. But Harvey, is there any point that 87 00:05:28.360 --> 00:05:30.319 you feel you'd like to make to what Bob. 88 00:05:30.199 --> 00:05:33.519 Had to say, Well, the reason that these cases go 89 00:05:33.680 --> 00:05:37.360 on so long is precisely because the result, if the 90 00:05:37.519 --> 00:05:41.879 result is death, it's it's irremediable. You can't correct the 91 00:05:42.000 --> 00:05:47.800 mistake afterwards. So that's another rub you know, a Zarnaia 92 00:05:47.920 --> 00:05:51.959 would have been, you know, just serving his sentence. If 93 00:05:52.040 --> 00:05:55.319 this case were over, and this is no picnic to 94 00:05:55.439 --> 00:05:59.759 be in a supermax prison, then some of course there's 95 00:05:59.759 --> 00:06:03.360 all to the expenses and an enormous amount of resources 96 00:06:03.480 --> 00:06:05.439 going into this. It could be at the end the 97 00:06:05.519 --> 00:06:10.560 criminal justice system is screaming for more resources and he 98 00:06:10.720 --> 00:06:14.680 were wasting all this money and time on a death 99 00:06:14.720 --> 00:06:15.519 penalty case. 100 00:06:16.279 --> 00:06:19.000 There are although those those are all the arguments that 101 00:06:19.279 --> 00:06:24.439 we've heard for years. And I sometimes cite the case, 102 00:06:24.519 --> 00:06:28.879 Harvey of the doctor Phillips' family in Connecticut. The guys 103 00:06:28.920 --> 00:06:32.560 who went in tied him up, raped and burned his 104 00:06:32.759 --> 00:06:36.279 daughters to death by pouring gasolene. And they were you know, 105 00:06:36.439 --> 00:06:38.480 the you're familiar the case, and they were actually caught 106 00:06:39.040 --> 00:06:41.920 running away the police that surrounded the house. And so 107 00:06:42.000 --> 00:06:46.360 I mean, there are there are horrible, horrific crimes, and 108 00:06:46.519 --> 00:06:48.399 I don't know that we will live. Let me ask 109 00:06:48.439 --> 00:06:50.079 you one question, and Bob, I don't mean to steal 110 00:06:50.120 --> 00:06:53.079 your time, but just real, one quick question, Harvey, you're 111 00:06:53.199 --> 00:06:56.879 convinced that from a an actual areial point of view 112 00:06:56.959 --> 00:06:59.800 or a statistical point of view, that in view of 113 00:06:59.839 --> 00:07:02.399 the number of people that the Innocence Project has shown 114 00:07:03.160 --> 00:07:07.920 through DNA testing and some new developments, people who have 115 00:07:08.040 --> 00:07:11.680 been freed from prison. Why is it that the Innocence 116 00:07:11.759 --> 00:07:14.879 Project has not been able to produce more as I'm 117 00:07:14.959 --> 00:07:17.040 not familiar with the case that they have produced, by 118 00:07:17.040 --> 00:07:18.360 the way, and I have to go read it. But 119 00:07:19.040 --> 00:07:21.519 they've only, as I understand to produced one case in 120 00:07:21.600 --> 00:07:24.160 which they say they are certain that an innocent person 121 00:07:24.360 --> 00:07:28.199 was executed. What is the reason why they have not 122 00:07:28.360 --> 00:07:32.519 produced more examples of innocent people being executed? 123 00:07:32.519 --> 00:07:37.839 Because because by and large, the system convicts guilty people 124 00:07:38.040 --> 00:07:43.120 and not innocent people by and large. And that's absolutely true. 125 00:07:43.839 --> 00:07:47.079 But no human system is perfect. And the Innocence Part 126 00:07:47.279 --> 00:07:50.560 has proven that there is no doubt in my mind 127 00:07:50.639 --> 00:07:52.720 that there are other innocent people who are on death 128 00:07:52.839 --> 00:07:56.680 row and other people who have been executed. No doubt 129 00:07:56.759 --> 00:07:59.959 in my mind who they are would require an enormous 130 00:08:00.000 --> 00:08:01.920 amount of resources to find out. 131 00:08:03.199 --> 00:08:06.680 The project was trying to find that out or am 132 00:08:06.720 --> 00:08:09.040 I incorrecting that they. 133 00:08:09.759 --> 00:08:11.680 And they continue to try to find that out, And 134 00:08:11.759 --> 00:08:14.600 I don't have much doubt that they'll find additional cases. 135 00:08:15.319 --> 00:08:18.560 They have found one. I'm sure they'll find others, but 136 00:08:18.720 --> 00:08:21.839 I also have no doubt that there are additional cases. 137 00:08:21.879 --> 00:08:27.040 There have to be fair enough. Okay, Bob, I appreciate 138 00:08:27.120 --> 00:08:30.040 you taking the time to call, and I understand your position, 139 00:08:30.800 --> 00:08:34.120 and I'm empathetic to your position, and i appreciate your 140 00:08:34.159 --> 00:08:34.720 supporting this. 141 00:08:34.840 --> 00:08:37.600 Okay, thank you, Thanks Bob. 142 00:08:37.799 --> 00:08:40.720 Very we get back. I think Mark's line has been 143 00:08:40.759 --> 00:08:42.399 cleared up, and we got to take a quick break 144 00:08:42.480 --> 00:08:44.600 here and we will get back and Mark will be 145 00:08:44.679 --> 00:08:47.759 next up. We got Rochelle coming up, we got Joe, 146 00:08:47.960 --> 00:08:49.759 and then we've got some room for you. We'll take 147 00:08:49.759 --> 00:08:51.960 as many people as we can between now and the 148 00:08:52.039 --> 00:08:55.879 time that the Vice President of the United States actually 149 00:08:56.720 --> 00:08:59.960 comes out and delivers her acceptance speech of the Democratic 150 00:09:00.080 --> 00:09:03.720 presidential nomination. Back with Harvey Silverglade on night Side right 151 00:09:03.759 --> 00:09:07.799 after this quick break. Now back to Dan Ray live 152 00:09:07.879 --> 00:09:10.039 from the Window World Nights since Studios. 153 00:09:10.279 --> 00:09:12.120 I' WBZ News Radio. 154 00:09:12.799 --> 00:09:15.360 We're all got to go back to Mark in Cambridge. 155 00:09:15.399 --> 00:09:18.279 And I'm told by Rob that Mark's audio is much better. 156 00:09:18.399 --> 00:09:19.519 Mark right ahead, I'm here. 157 00:09:19.879 --> 00:09:23.679 I'm here, Dan Harvey Stogate, thank you for taking my call. 158 00:09:23.799 --> 00:09:25.000 I'm a second time caller. 159 00:09:25.320 --> 00:09:29.000 Okay, congratulations, I'm gonna be blunt with you. 160 00:09:29.200 --> 00:09:30.080 I'm sorry to say this. 161 00:09:30.240 --> 00:09:30.320 Now. 162 00:09:30.440 --> 00:09:31.200 Let me start up with you. 163 00:09:31.879 --> 00:09:33.799 Justice should have been served on that boat. 164 00:09:37.000 --> 00:09:39.320 What you're saying by that, you're saying the boat where 165 00:09:39.519 --> 00:09:42.960 we're bombing up two was captured. You would have preferred 166 00:09:43.000 --> 00:09:45.080 to the police had to have ended it right there? 167 00:09:45.919 --> 00:09:46.919 Yeah, exactly. 168 00:09:47.240 --> 00:09:49.440 Okay, Well that could have gotten a police officer in 169 00:09:49.480 --> 00:09:50.679 a lot of trouble in this country. 170 00:09:50.720 --> 00:09:52.159 But go ahead, right right. 171 00:09:52.240 --> 00:09:56.360 I'm just staying in general. But as for the supermax 172 00:09:56.399 --> 00:10:04.000 and you're talking about uh supermax prison. Yeah, to be 173 00:10:04.080 --> 00:10:07.399 honest with you, I myself turned my life. I am 174 00:10:07.440 --> 00:10:11.080 an ex con. I served time before. I've been into 175 00:10:11.440 --> 00:10:15.879 the d d U in Massachusetts, and like Harvey said, 176 00:10:15.960 --> 00:10:19.799 I mean twenty three hours a day lockdown in that DDU. 177 00:10:20.320 --> 00:10:23.919 All I got was a TV that I earned, a 178 00:10:24.159 --> 00:10:28.120 radio that I earned. No cosmetics, I mean, I mean 179 00:10:28.200 --> 00:10:32.440 no canteen. Only canteen you get. It's just the basic, 180 00:10:32.559 --> 00:10:36.960 the ortamate soap and you get reading materials. Do you 181 00:10:37.039 --> 00:10:41.480 go out to the yard five days a week, one hour? 182 00:10:41.679 --> 00:10:44.000 And when I was there, I was there in ninety 183 00:10:44.039 --> 00:10:49.639 eight and ninety four. I had an incident with with 184 00:10:49.799 --> 00:10:53.600 an officer not in major. Just you know, I salted him, 185 00:10:54.559 --> 00:10:58.759 and you know they gave me sixteen major to him. 186 00:10:58.840 --> 00:11:00.399 Go ahead, thank you for your being and so on, 187 00:11:00.600 --> 00:11:01.159 Just go ahead. 188 00:11:01.639 --> 00:11:04.039 Yep. When I was there, I was there with the 189 00:11:04.120 --> 00:11:06.360 worst of the worst. Even the one that we're not 190 00:11:06.399 --> 00:11:09.200 gonna say his name, the one that established attorney in 191 00:11:09.480 --> 00:11:10.039 Denham Court. 192 00:11:10.120 --> 00:11:10.639 He was there. 193 00:11:11.000 --> 00:11:13.000 He's the worst of the worst. But anyway, when I 194 00:11:13.120 --> 00:11:15.559 was there, it's just you know, being in there, like 195 00:11:15.679 --> 00:11:19.519 Harvey said, it has a mental impact. I mean, if 196 00:11:19.759 --> 00:11:22.559 you're not strong, I mean, it can really deteriorate you. 197 00:11:23.399 --> 00:11:25.960 You know, you're away from everybody, you're lockdown. Your food 198 00:11:26.080 --> 00:11:28.200 comes to here, they come on a tier, they open 199 00:11:28.279 --> 00:11:31.840 your wicket, they give you your food. And there was 200 00:11:31.919 --> 00:11:35.480 sometimes in the DDU guys with this, believe it or not, 201 00:11:36.639 --> 00:11:39.919 they kept the cage and they fought one inmate when 202 00:11:39.960 --> 00:11:44.080 in another inmate's cage and fought. I mean, but like I. 203 00:11:44.120 --> 00:11:47.320 Said that, how would that be a loud bark? I'm 204 00:11:47.360 --> 00:11:50.639 confused as by the guards. 205 00:11:51.320 --> 00:11:54.320 No, no, absolutely not. What it is that Let's say 206 00:11:54.440 --> 00:11:58.440 me and another prisoner had an issue and we say 207 00:11:58.480 --> 00:12:01.519 we go to the yard and the rays of blades 208 00:12:01.600 --> 00:12:04.919 and they used tools and they were cut the end 209 00:12:05.000 --> 00:12:08.519 of the one of the links to the fence, and 210 00:12:08.960 --> 00:12:11.320 they would pull the link apart, and then the time 211 00:12:11.399 --> 00:12:15.600 of officer realizes what's going on, the inmate would be 212 00:12:15.679 --> 00:12:17.759 in the other inmates case. That happened a couple of 213 00:12:17.799 --> 00:12:21.639 times up there at Walport. But like I said, I 214 00:12:21.720 --> 00:12:24.480 turned my life around. I've been, I've been, I've been. 215 00:12:25.440 --> 00:12:28.360 I've been out since twenty seventeen. I lost my mother 216 00:12:28.399 --> 00:12:33.559 since twenty seventeen, and I decided to live low bodily 217 00:12:34.440 --> 00:12:38.720 the only way to live. And I mean I mean, 218 00:12:39.039 --> 00:12:42.240 like I said, I mean back to the baller number two. 219 00:12:42.360 --> 00:12:45.480 I mean that's just my opinion. Justice shit, I've been 220 00:12:45.559 --> 00:12:47.080 served rated all. 221 00:12:47.080 --> 00:12:51.000 Right, Harvey, an interesting call. I have a variety of 222 00:12:51.039 --> 00:12:53.399 people who listen to this program. I'm happy that Mark 223 00:12:53.440 --> 00:12:56.320 has has gotten himself sprayed away. I'm sure you might 224 00:12:56.399 --> 00:12:57.879 like to make a comment to him as well. 225 00:12:58.960 --> 00:13:03.720 Well, there's nothing right somebody who's experienced to explain what 226 00:13:03.840 --> 00:13:04.799 prison wife is like. 227 00:13:06.559 --> 00:13:09.960 Absolutely well, Mark, Thank you so much. 228 00:13:10.080 --> 00:13:13.960 Dan, Like I said, I had a good attorney. Uh, 229 00:13:15.000 --> 00:13:19.679 he's very good, very good attorney. My kill tone. You 230 00:13:19.759 --> 00:13:24.320 probably know him. To let me see that's attorney. 231 00:13:25.399 --> 00:13:25.679 Right here. 232 00:13:26.840 --> 00:13:30.080 Benjamin Summon. Benjamin Smmon was on my case. 233 00:13:30.279 --> 00:13:33.159 Okay, I don't I don't know him. I'm Harvey Harvey May. 234 00:13:33.279 --> 00:13:35.759 But uh yeah, but if you if you had a 235 00:13:35.799 --> 00:13:38.600 good attorney and you got yourself squared away. How how 236 00:13:38.639 --> 00:13:41.159 old are you now? Mark? Let me tell me your age. 237 00:13:41.759 --> 00:13:44.240 I'm fifty five years old. I don't have time to 238 00:13:44.360 --> 00:13:45.120 do another thing. 239 00:13:45.600 --> 00:13:47.279 No, but you know what you got. You got at 240 00:13:47.399 --> 00:13:50.039 least thirty good years ahead of you, hopefully and hopefully 241 00:13:50.159 --> 00:13:53.480 have good health and uh and you you have some 242 00:13:53.600 --> 00:13:55.960 great times because you missed a lot of times when 243 00:13:56.000 --> 00:13:57.320 you're away. All right, Thank you, Mark. 244 00:13:57.519 --> 00:14:00.879 I wasn't that bad, but I made my mas and no, 245 00:14:01.000 --> 00:14:03.639 I love from them. Thank you Dan, Thank you Harvey 246 00:14:03.679 --> 00:14:05.200 for taking my car. I have a blast night. 247 00:14:05.720 --> 00:14:09.600 Write back at you, Mark. Thank you so much. It's amazing, Harvey, 248 00:14:09.720 --> 00:14:12.799 a different experience that different people have. This is real life. 249 00:14:13.960 --> 00:14:16.960 Let's get a couple more in here. I'll hold you 250 00:14:17.159 --> 00:14:20.080 until I'll let you go right after the ten thirty news, 251 00:14:20.120 --> 00:14:23.759 because at some point we will be hearing from the 252 00:14:23.879 --> 00:14:27.639 Vice president tonight. Their speeches have all gone very late 253 00:14:27.960 --> 00:14:33.960 this convention, amazingly so let me go to Rochelle in Weymouth. Rochelle, 254 00:14:34.000 --> 00:14:36.639 you're next with Harvey Silwergleke're right ahead, Michelle, Hi. 255 00:14:36.759 --> 00:14:40.519 Dan, Hi, Harvey. Thanks for taking my call. I'm in 256 00:14:40.759 --> 00:14:44.159 disagreement with Harvey on the death penalty, but not as 257 00:14:44.240 --> 00:14:46.919 much as some other people out there. I think that 258 00:14:47.080 --> 00:14:51.240 in cases where you have serial killers, terrorists who've killed 259 00:14:51.320 --> 00:14:55.639 multiple people, other mass murders, and those that have committed 260 00:14:55.759 --> 00:14:59.039 first degree murder on a cup or other law enforcement, 261 00:14:59.559 --> 00:15:03.519 I think those people deserve the death penalty. It's definitely 262 00:15:03.559 --> 00:15:06.879 an order in those cases. I think other murders and 263 00:15:07.039 --> 00:15:11.320 violent crimes should warrant long sentences or life without parole, 264 00:15:11.879 --> 00:15:15.879 depending on the crime. I believe that except in these 265 00:15:16.000 --> 00:15:21.360 extreme cases, I believe that all citizens should have a 266 00:15:21.720 --> 00:15:24.639 right to life from womb to tomb based on the 267 00:15:24.759 --> 00:15:28.480 fourteenth Amendment, but on the death penalty. If we do 268 00:15:28.600 --> 00:15:31.519 away with the death penalty and life in prison with 269 00:15:31.720 --> 00:15:34.799 no parole, I frankly don't see how we maintain law 270 00:15:34.840 --> 00:15:35.279 and order. 271 00:15:35.799 --> 00:15:39.519 Well, that's a broad a conversation, Michelle, and we can 272 00:15:39.639 --> 00:15:42.759 save that for another night. I got to get Harvey 273 00:15:42.840 --> 00:15:45.759 to focus on you've heard his argument. He is in 274 00:15:45.879 --> 00:15:48.320 ultimately opposed to death penalty because he does not want 275 00:15:48.360 --> 00:15:53.240 to see any innocent person executed because obviously, if an 276 00:15:53.240 --> 00:15:55.840 innocent person is executed, and he believes in one case 277 00:15:56.120 --> 00:15:56.519 that has. 278 00:15:56.440 --> 00:16:00.799 Been proven that it is, well, I oppose anyone innocent executed. 279 00:16:00.879 --> 00:16:02.480 I mean, you've got to make sure that you know 280 00:16:02.559 --> 00:16:04.559 without a doubtruct. 281 00:16:03.840 --> 00:16:07.600 But Harvey says, because it's it's a human human frailty. 282 00:16:07.679 --> 00:16:10.559 People make mistakes, and so that's that's his point that 283 00:16:10.679 --> 00:16:13.080 the system can never be perfect because the system that 284 00:16:13.159 --> 00:16:13.639 is run by. 285 00:16:13.639 --> 00:16:15.720 I know think some of the same people that want 286 00:16:15.759 --> 00:16:17.559 to do away with the death penalty want to do 287 00:16:17.600 --> 00:16:19.840 away with life in prison with no parle. 288 00:16:19.879 --> 00:16:24.320 Well, you know, Michelle Rachelle, First of all, that's a 289 00:16:24.399 --> 00:16:28.360 good observation. Harvey. Let me you know as well as 290 00:16:28.440 --> 00:16:31.240 I do, that in different states, there are different laws, 291 00:16:31.360 --> 00:16:34.480 and there is an effort. There's an efforts now in 292 00:16:34.600 --> 00:16:39.000 some cases where the death penalty has been eliminated that 293 00:16:39.120 --> 00:16:42.039 they have also said that life in prison without parole 294 00:16:43.200 --> 00:16:46.159 is cruel and unusual punishment. Would you go that far 295 00:16:46.360 --> 00:16:47.320 in some cases or. 296 00:16:47.320 --> 00:16:52.159 No, I would not go that far because I do 297 00:16:52.360 --> 00:16:54.919 believe that there are people who have to be separated 298 00:16:55.159 --> 00:17:03.000 from society because they are durable murderers. I mean, it's 299 00:17:03.120 --> 00:17:04.599 just the fact of human lives. 300 00:17:06.559 --> 00:17:10.640 Good, Okay, Rachelle Good points that that's we'll talk about 301 00:17:10.640 --> 00:17:13.480 that some night as well. Appreciate you call tonight, talk 302 00:17:13.519 --> 00:17:16.519 about that. Thank you very much. We're going to go 303 00:17:16.680 --> 00:17:18.720 next to Joe and Lynn. Joe your next one nights 304 00:17:19.000 --> 00:17:19.319 right ahead. 305 00:17:20.240 --> 00:17:22.960 We're taking my Thanks for taking my call, Harvey. I 306 00:17:23.039 --> 00:17:25.920 have big feelings. In some cases. I'm for the death penalty. 307 00:17:26.160 --> 00:17:27.519 I'm also for rehabilitation. 308 00:17:27.759 --> 00:17:28.160 Like Mark. 309 00:17:28.400 --> 00:17:31.960 I'm not uh, I think these terrorists. I think people 310 00:17:32.119 --> 00:17:34.160 like Mark. I know we disagree, but I agree with 311 00:17:34.279 --> 00:17:38.079 Daan on this. The death penalty. They should do it properly. 312 00:17:38.119 --> 00:17:40.640 Put them in a decompression chain. We just take out 313 00:17:40.680 --> 00:17:43.799 the oxygen so they don't suffer, and they're gone. We 314 00:17:43.920 --> 00:17:47.559 have too many people, bad or good that shouldn't be 315 00:17:47.599 --> 00:17:50.240 in prison. And I know in some prisons they try 316 00:17:50.240 --> 00:17:53.759 and rehabilitate, like in Sweeten, and sometimes you can. I 317 00:17:53.799 --> 00:17:56.000 don't think they should be mistreated in prison, but the 318 00:17:56.119 --> 00:17:59.000 ones that deserves the death penalty, and my view is 319 00:17:59.079 --> 00:18:01.680 they should get it. I just wanted to touch on. 320 00:18:01.799 --> 00:18:06.279 That, Okay, fair enough, Joe. You know again you understand 321 00:18:06.359 --> 00:18:10.839 Harvey's position. No sense of me having him to try 322 00:18:10.880 --> 00:18:12.799 to convince you, but I appreciate you taking the time. 323 00:18:12.880 --> 00:18:13.319 Thanks Joe. 324 00:18:14.119 --> 00:18:14.839 Thanks by bye. 325 00:18:14.960 --> 00:18:16.599 We'll let me get one more in here before the 326 00:18:16.640 --> 00:18:18.720 news of the bottom of the Arab Bob is in Waymouth. Bob, 327 00:18:18.759 --> 00:18:21.000 you were next on night side with Harvey Silverglate. 328 00:18:22.160 --> 00:18:26.359 How you doing, mister silver Gate? You know the bomber 329 00:18:27.039 --> 00:18:29.880 I realized. I appreciate he wo'd rather stay in the 330 00:18:29.960 --> 00:18:34.559 maximum prison than be executed in and you know, I 331 00:18:34.599 --> 00:18:38.200 don't think he has any rehabilitation. And also on his 332 00:18:38.400 --> 00:18:42.400 religious beliefs, which I think he's more frightened than anything else, 333 00:18:43.039 --> 00:18:46.319 that if you take innocent lives, that when you die, 334 00:18:46.640 --> 00:18:51.119 allah Is God will be displeased with him because of 335 00:18:51.200 --> 00:18:54.680 the atrocity you committed while you're on earth killing all 336 00:18:54.759 --> 00:18:59.240 those people. And he knows that when he does die, 337 00:19:00.000 --> 00:19:03.480 you're going to get tremendous punishment on him for his afterlife. 338 00:19:03.839 --> 00:19:07.279 I like to see him stay there. I like him penalty, 339 00:19:07.640 --> 00:19:09.799 go for it. I don't give stakes two or three years. 340 00:19:10.000 --> 00:19:12.680 He's going to suffer every single day because he knows 341 00:19:13.119 --> 00:19:15.759 he has to face his maker. And I think that's 342 00:19:15.839 --> 00:19:16.759 the best punishment. 343 00:19:17.759 --> 00:19:20.839 So so you you think I'm just trying to figure 344 00:19:20.960 --> 00:19:23.400 you think that life in prison so he could think 345 00:19:23.400 --> 00:19:24.480 about that every day. 346 00:19:24.359 --> 00:19:26.839 And no, no, no, he can think of it for 347 00:19:26.880 --> 00:19:28.119 a year and a half to get back. 348 00:19:28.920 --> 00:19:33.200 Oh so okay, so you you want to him? Uh, 349 00:19:33.359 --> 00:19:35.319 facing is what I think you're saying. 350 00:19:35.480 --> 00:19:36.039 Yes, I do. 351 00:19:36.200 --> 00:19:39.240 And also in that time, like you say, might take 352 00:19:39.319 --> 00:19:41.920 a year, two years, Well, he's going to suffer those 353 00:19:42.039 --> 00:19:44.720 two or three years because he'd rather stay in the 354 00:19:45.160 --> 00:19:50.079 in the maximum prison than than face Stephan because of 355 00:19:50.200 --> 00:19:54.440 his religious denalah. And that's that's what's fear. That's what 356 00:19:54.599 --> 00:19:58.160 he's scaring. And uh and I like that because he 357 00:19:58.240 --> 00:19:58.759 deserves it. 358 00:19:59.039 --> 00:20:04.559 Okay, Harvey, want to comment, that's a it's an interesting observation. 359 00:20:04.680 --> 00:20:05.960 I had not thought of that. Would you like to 360 00:20:06.000 --> 00:20:07.319 comment on what Bob has to say? 361 00:20:08.279 --> 00:20:09.160 Well, I I. 362 00:20:11.519 --> 00:20:13.920 What Bomb said did remind me of one other fact. 363 00:20:14.720 --> 00:20:17.480 He was acting under the very strong diffluence of his 364 00:20:17.599 --> 00:20:22.519 older brothers. And you can't quite eliminate that as a factor. 365 00:20:23.119 --> 00:20:25.920 The isn't he is facing at death time because his 366 00:20:26.119 --> 00:20:29.039 brother died in the shootout and they don't have the 367 00:20:29.119 --> 00:20:30.640 older brother to execute. 368 00:20:31.079 --> 00:20:33.920 Well, I think that he ran over the allegedly ran 369 00:20:34.000 --> 00:20:37.680 over the older brother, I believe, not not intentionally, no, no, no, 370 00:20:37.839 --> 00:20:42.039 I know that right, but ironically, not intentionally, but ironically. 371 00:20:41.599 --> 00:20:46.799 Ironically, yes, Dan, I mean, mister silbergate, you know this 372 00:20:47.000 --> 00:20:49.880 is all premeditated. The bomb and no, him and his 373 00:20:50.000 --> 00:20:52.200 brother going to kill innocent people. No, I an't going 374 00:20:52.279 --> 00:20:54.759 to kill him. He saw them, he saw these little kids, 375 00:20:54.839 --> 00:20:57.359 he saw them, the people watching the port. He know 376 00:20:57.519 --> 00:21:00.319 they were going to die be made and he didn't 377 00:21:00.319 --> 00:21:02.720 give a damn. And he was under no pressure from 378 00:21:02.759 --> 00:21:04.559 the brother. That's a lot of that's. 379 00:21:05.400 --> 00:21:07.160 Well, we don't know. We do know that the jury 380 00:21:07.279 --> 00:21:11.519 considered that at trial, and and that was rejected by 381 00:21:11.559 --> 00:21:15.480 the jury at the at the case and hole that 382 00:21:15.640 --> 00:21:19.240 is separate and apart from the from the determination of 383 00:21:19.519 --> 00:21:21.920 of the death penalty. But he was found guilty. That 384 00:21:22.119 --> 00:21:24.960 was raised I believe, Harvey. If I'm wrong, please correct 385 00:21:25.000 --> 00:21:30.599 me as a potential defense after we admitted that. 386 00:21:32.920 --> 00:21:36.039 Remember, there's no question if you have a death penalty. 387 00:21:36.400 --> 00:21:40.799 This case qualifies. That's not the issue. The issue is 388 00:21:40.839 --> 00:21:45.480 whether you should have the death penalty at all, Right, Bob. 389 00:21:45.319 --> 00:21:45.920 I appreciate it. 390 00:21:46.279 --> 00:21:48.640 Can I say one more than you don't pull the 391 00:21:48.799 --> 00:21:51.160 switch out, Pull the switch and have a good night. 392 00:21:51.480 --> 00:21:54.920 Okay, thanks Bob, appreciate it all right, Harvey, way up 393 00:21:54.960 --> 00:21:57.240 on our newscast as always. Thank you so much for 394 00:21:58.000 --> 00:22:01.759 being available on this program, you know, as often as 395 00:22:01.799 --> 00:22:04.079 you are, and tonight I do owe you a call 396 00:22:04.240 --> 00:22:08.119 back on that email from earlier and earlier today, and 397 00:22:08.680 --> 00:22:11.680 I'm looking forward to having that author on the program 398 00:22:11.759 --> 00:22:12.680 at some point in the nine. 399 00:22:13.119 --> 00:22:14.319 You'll get the book tomorrow. 400 00:22:15.480 --> 00:22:21.480 Okay. I'm away from my residence, but I can. I 401 00:22:21.519 --> 00:22:24.079