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	<title>Comments on: He Needs to Die</title>
	<atom:link href="http://www.peachpundit.com/2007/07/17/he-needs-to-die/feed/" rel="self" type="application/rss+xml" />
	<link>http://www.peachpundit.com/2007/07/17/he-needs-to-die/</link>
	<description>Fresh Political Pickins From The Peach State</description>
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		<title>By: jm</title>
		<link>http://www.peachpundit.com/2007/07/17/he-needs-to-die/comment-page-1/#comment-80432</link>
		<dc:creator>jm</dc:creator>
		<pubDate>Wed, 18 Jul 2007 02:56:37 +0000</pubDate>
		<guid isPermaLink="false">http://www.peachpundit.com/2007/07/17/he-needs-to-die/#comment-80432</guid>
		<description>Joe: according to the pardons and parole web site, they can:

&quot;The Parole Board has the sole constitutional authority to commute, or reduce, a death sentence to life without parole. Only after an inmate appears to have exhausted all appeals and other judicial avenues of relief will the Parole Board consider granting a commutation to a death-sentenced inmate. At that time, the condemned inmate</description>
		<content:encoded><![CDATA[<p>Joe: according to the pardons and parole web site, they can:</p>
<p>&#8220;The Parole Board has the sole constitutional authority to commute, or reduce, a death sentence to life without parole. Only after an inmate appears to have exhausted all appeals and other judicial avenues of relief will the Parole Board consider granting a commutation to a death-sentenced inmate. At that time, the condemned inmate</p>
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		<title>By: dorian</title>
		<link>http://www.peachpundit.com/2007/07/17/he-needs-to-die/comment-page-1/#comment-80376</link>
		<dc:creator>dorian</dc:creator>
		<pubDate>Wed, 18 Jul 2007 01:03:07 +0000</pubDate>
		<guid isPermaLink="false">http://www.peachpundit.com/2007/07/17/he-needs-to-die/#comment-80376</guid>
		<description>Megan, it isn&#039;t an insult to the police to say that they couldn&#039;t pull off this grand a comspiracy.  To pull this off there would have been collusion in the sheriff&#039;s department at multiple levels: the street cops, investigators, and likely at least one Sgt. or higher.  And it would have to involve the case agent with the gbi.  And it would have to involve at least one ADA, if not the district attorney.  Then it would have to involve the coercion of testimony from nine witnesses who, coincidentally, keep it quiet for nearly two decades.  I am not that bright either.  Nor are you.  Nor is anyone that I know of.  

And I was actually speaking to two different posts.  I did not mean to infer that it was your opinion of the police, but it seems clear that it is Sarawara&#039;s opinion.  Personally, I think it is because (s)he watches too much Cold Case and CSI.</description>
		<content:encoded><![CDATA[<p>Megan, it isn&#8217;t an insult to the police to say that they couldn&#8217;t pull off this grand a comspiracy.  To pull this off there would have been collusion in the sheriff&#8217;s department at multiple levels: the street cops, investigators, and likely at least one Sgt. or higher.  And it would have to involve the case agent with the gbi.  And it would have to involve at least one ADA, if not the district attorney.  Then it would have to involve the coercion of testimony from nine witnesses who, coincidentally, keep it quiet for nearly two decades.  I am not that bright either.  Nor are you.  Nor is anyone that I know of.  </p>
<p>And I was actually speaking to two different posts.  I did not mean to infer that it was your opinion of the police, but it seems clear that it is Sarawara&#8217;s opinion.  Personally, I think it is because (s)he watches too much Cold Case and CSI.</p>
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		<title>By: megan</title>
		<link>http://www.peachpundit.com/2007/07/17/he-needs-to-die/comment-page-1/#comment-80358</link>
		<dc:creator>megan</dc:creator>
		<pubDate>Wed, 18 Jul 2007 00:07:59 +0000</pubDate>
		<guid isPermaLink="false">http://www.peachpundit.com/2007/07/17/he-needs-to-die/#comment-80358</guid>
		<description>Dorian - you are the one who insulted police and prosecutors by saying you don&#039;t believe they are that bright.  I merely believe they are human and thus imperfect.  I also believe that there are malicious people out there, in every profession, who will act dishonestly to get what they want.  Am I saying that&#039;s what happened in this specific instance?  No.  Am I leaving open the possibility that there was some form of misconduct, perhaps even with the best of intentions behind it, that needs to be aired out in another court hearing?  Yes.  That&#039;s how our judicial system is supposed to work.  You even admitted that you believe in the possibility of the miscarriage of justice.</description>
		<content:encoded><![CDATA[<p>Dorian &#8211; you are the one who insulted police and prosecutors by saying you don&#8217;t believe they are that bright.  I merely believe they are human and thus imperfect.  I also believe that there are malicious people out there, in every profession, who will act dishonestly to get what they want.  Am I saying that&#8217;s what happened in this specific instance?  No.  Am I leaving open the possibility that there was some form of misconduct, perhaps even with the best of intentions behind it, that needs to be aired out in another court hearing?  Yes.  That&#8217;s how our judicial system is supposed to work.  You even admitted that you believe in the possibility of the miscarriage of justice.</p>
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		<title>By: dorian</title>
		<link>http://www.peachpundit.com/2007/07/17/he-needs-to-die/comment-page-1/#comment-80349</link>
		<dc:creator>dorian</dc:creator>
		<pubDate>Tue, 17 Jul 2007 23:27:18 +0000</pubDate>
		<guid isPermaLink="false">http://www.peachpundit.com/2007/07/17/he-needs-to-die/#comment-80349</guid>
		<description>I wish you did too. I happen to think that police and prosecutors are hardworking, honest people doing a thankless job in which they are incessently scutinized by a largely unappreciative public.  

I do not think that you have a clear idea of the number of people that would have to be involved in this large scale conspiracy of yours, but I don&#039;t think that you actually care either.  Whatever makes the cops look bad, right?  At least, until you need one.</description>
		<content:encoded><![CDATA[<p>I wish you did too. I happen to think that police and prosecutors are hardworking, honest people doing a thankless job in which they are incessently scutinized by a largely unappreciative public.  </p>
<p>I do not think that you have a clear idea of the number of people that would have to be involved in this large scale conspiracy of yours, but I don&#8217;t think that you actually care either.  Whatever makes the cops look bad, right?  At least, until you need one.</p>
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		<title>By: Sarawara</title>
		<link>http://www.peachpundit.com/2007/07/17/he-needs-to-die/comment-page-1/#comment-80336</link>
		<dc:creator>Sarawara</dc:creator>
		<pubDate>Tue, 17 Jul 2007 22:03:22 +0000</pubDate>
		<guid isPermaLink="false">http://www.peachpundit.com/2007/07/17/he-needs-to-die/#comment-80336</guid>
		<description>If you believe that police and prosecutorial misconduct simply never happen in murder cases, I&#039;d love to know the color of the sky in your world.

At least Erick admits he just doesn&#039;t care if mistakes are made rather than pretending they never occur.</description>
		<content:encoded><![CDATA[<p>If you believe that police and prosecutorial misconduct simply never happen in murder cases, I&#8217;d love to know the color of the sky in your world.</p>
<p>At least Erick admits he just doesn&#8217;t care if mistakes are made rather than pretending they never occur.</p>
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		<title>By: megan</title>
		<link>http://www.peachpundit.com/2007/07/17/he-needs-to-die/comment-page-1/#comment-80332</link>
		<dc:creator>megan</dc:creator>
		<pubDate>Tue, 17 Jul 2007 21:57:50 +0000</pubDate>
		<guid isPermaLink="false">http://www.peachpundit.com/2007/07/17/he-needs-to-die/#comment-80332</guid>
		<description>In your mind police and prosecutors never, ever pressure or influence testimony?  Ever?  In any way?  Dumb, brilliant, intentional, unintentional, well intended, etc.?  Golly, I want to live in Dorian&#039;s world.</description>
		<content:encoded><![CDATA[<p>In your mind police and prosecutors never, ever pressure or influence testimony?  Ever?  In any way?  Dumb, brilliant, intentional, unintentional, well intended, etc.?  Golly, I want to live in Dorian&#8217;s world.</p>
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		<title>By: joe</title>
		<link>http://www.peachpundit.com/2007/07/17/he-needs-to-die/comment-page-1/#comment-80322</link>
		<dc:creator>joe</dc:creator>
		<pubDate>Tue, 17 Jul 2007 21:26:10 +0000</pubDate>
		<guid isPermaLink="false">http://www.peachpundit.com/2007/07/17/he-needs-to-die/#comment-80322</guid>
		<description>Can somebody explain this in terms a layman can understand?

I appears that he can not appeal, because the appeals court doesn&#039;t want to listen to him.

So the Pardons and Parole Board issues a stay so they can either pardon or parole him?

Does P&amp;P have the power to order a new trial?

There is not much here that makes sense.</description>
		<content:encoded><![CDATA[<p>Can somebody explain this in terms a layman can understand?</p>
<p>I appears that he can not appeal, because the appeals court doesn&#8217;t want to listen to him.</p>
<p>So the Pardons and Parole Board issues a stay so they can either pardon or parole him?</p>
<p>Does P&amp;P have the power to order a new trial?</p>
<p>There is not much here that makes sense.</p>
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		<title>By: dorian</title>
		<link>http://www.peachpundit.com/2007/07/17/he-needs-to-die/comment-page-1/#comment-80317</link>
		<dc:creator>dorian</dc:creator>
		<pubDate>Tue, 17 Jul 2007 21:09:36 +0000</pubDate>
		<guid isPermaLink="false">http://www.peachpundit.com/2007/07/17/he-needs-to-die/#comment-80317</guid>
		<description>You are 100% correct Sar.  In my mind that doesn&#039;t happen.   Primarily, it is because neither the police nor prosecutors are that bright.  Of course, miscarriages of justice need to be corrected, but hanging your hat on the cause of convicted murders is like hanging it on convicted child molesters.  . .ok. . .bad example.  Maybe we should just bond him and Mr. Wilson out into your custody and the three of you can sit around the dinner table lamenting the state of criminal justice in the state.</description>
		<content:encoded><![CDATA[<p>You are 100% correct Sar.  In my mind that doesn&#8217;t happen.   Primarily, it is because neither the police nor prosecutors are that bright.  Of course, miscarriages of justice need to be corrected, but hanging your hat on the cause of convicted murders is like hanging it on convicted child molesters.  . .ok. . .bad example.  Maybe we should just bond him and Mr. Wilson out into your custody and the three of you can sit around the dinner table lamenting the state of criminal justice in the state.</p>
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		<title>By: Sarawara</title>
		<link>http://www.peachpundit.com/2007/07/17/he-needs-to-die/comment-page-1/#comment-80311</link>
		<dc:creator>Sarawara</dc:creator>
		<pubDate>Tue, 17 Jul 2007 20:38:15 +0000</pubDate>
		<guid isPermaLink="false">http://www.peachpundit.com/2007/07/17/he-needs-to-die/#comment-80311</guid>
		<description>So in your mind, dorian, a witness can never come back and say that they were threatened or pressured by the DA or the police to ID someone who was not the shooter? Because hey, the habeas court has the trial transcripts, so why should we ever concern ourselves with whether that trial testimony was truthful or coerced?

I bet if you were pressured to lie in open court under threats from cops and the DA, and you were wracked with guilt over the possibility that your perjury might be sending someone to their death unfairly, you&#039;d have a mighty good memory about it 15 years later. I sure would.

The witnesses don&#039;t say their memories improved or changed. They say they forced to give inaccurate testimony and to sign statements identifying the shooter that were untrue. Maybe you think our legal system doesn&#039;t ever need to correct miscarriages of justice and we can just rely on what was said in court and never ask ourselves if it was accurate later on...and if so, you&#039;re entitled to your opinions obviously.  Thankfully the P&amp;P board disagreed with you and wants to examine the evidence.  He might still die, but at least this way those who care about such things will say that he got a fair examination of the new evidence and testimony.</description>
		<content:encoded><![CDATA[<p>So in your mind, dorian, a witness can never come back and say that they were threatened or pressured by the DA or the police to ID someone who was not the shooter? Because hey, the habeas court has the trial transcripts, so why should we ever concern ourselves with whether that trial testimony was truthful or coerced?</p>
<p>I bet if you were pressured to lie in open court under threats from cops and the DA, and you were wracked with guilt over the possibility that your perjury might be sending someone to their death unfairly, you&#8217;d have a mighty good memory about it 15 years later. I sure would.</p>
<p>The witnesses don&#8217;t say their memories improved or changed. They say they forced to give inaccurate testimony and to sign statements identifying the shooter that were untrue. Maybe you think our legal system doesn&#8217;t ever need to correct miscarriages of justice and we can just rely on what was said in court and never ask ourselves if it was accurate later on&#8230;and if so, you&#8217;re entitled to your opinions obviously.  Thankfully the P&amp;P board disagreed with you and wants to examine the evidence.  He might still die, but at least this way those who care about such things will say that he got a fair examination of the new evidence and testimony.</p>
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		<title>By: griftdrift</title>
		<link>http://www.peachpundit.com/2007/07/17/he-needs-to-die/comment-page-1/#comment-80304</link>
		<dc:creator>griftdrift</dc:creator>
		<pubDate>Tue, 17 Jul 2007 20:12:49 +0000</pubDate>
		<guid isPermaLink="false">http://www.peachpundit.com/2007/07/17/he-needs-to-die/#comment-80304</guid>
		<description>You really are bored</description>
		<content:encoded><![CDATA[<p>You really are bored</p>
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		<title>By: Erick</title>
		<link>http://www.peachpundit.com/2007/07/17/he-needs-to-die/comment-page-1/#comment-80302</link>
		<dc:creator>Erick</dc:creator>
		<pubDate>Tue, 17 Jul 2007 20:09:57 +0000</pubDate>
		<guid isPermaLink="false">http://www.peachpundit.com/2007/07/17/he-needs-to-die/#comment-80302</guid>
		<description>Likewise, 15 - 17 years later you start dwelling on whether or not the guy needs killing and you soften and second guess yourself.</description>
		<content:encoded><![CDATA[<p>Likewise, 15 &#8211; 17 years later you start dwelling on whether or not the guy needs killing and you soften and second guess yourself.</p>
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		<title>By: dorian</title>
		<link>http://www.peachpundit.com/2007/07/17/he-needs-to-die/comment-page-1/#comment-80301</link>
		<dc:creator>dorian</dc:creator>
		<pubDate>Tue, 17 Jul 2007 20:05:53 +0000</pubDate>
		<guid isPermaLink="false">http://www.peachpundit.com/2007/07/17/he-needs-to-die/#comment-80301</guid>
		<description>I don&#039;t see the distinction between a recantation and someone saying they dont remember after 15 years.   It isn&#039;t realistic to expect a witness to remember after 15 years, but wow 7 of them! That is extremely remarkable.  And apparently, they remember it better now than right after it happened.  Why we have a genuine miracle on our hands here.  

And you&#039;re right Sar, the federal court didn&#039;t hear from the witnesses. They have these things called transcripts. It is a record of what was said in court.  Pretty common thing really.  Of course, it assumes 1) people tell the truth in their sworn testimony, and 2) people remember things better at the time or a short time after something happens than more than a decade later.</description>
		<content:encoded><![CDATA[<p>I don&#8217;t see the distinction between a recantation and someone saying they dont remember after 15 years.   It isn&#8217;t realistic to expect a witness to remember after 15 years, but wow 7 of them! That is extremely remarkable.  And apparently, they remember it better now than right after it happened.  Why we have a genuine miracle on our hands here.  </p>
<p>And you&#8217;re right Sar, the federal court didn&#8217;t hear from the witnesses. They have these things called transcripts. It is a record of what was said in court.  Pretty common thing really.  Of course, it assumes 1) people tell the truth in their sworn testimony, and 2) people remember things better at the time or a short time after something happens than more than a decade later.</p>
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		<title>By: Creative Loafing Atlanta &#187; Fresh Loaf &#187; Blog Archive &#187; Atlanta blogs today: Stay of execution</title>
		<link>http://www.peachpundit.com/2007/07/17/he-needs-to-die/comment-page-1/#comment-80292</link>
		<dc:creator>Creative Loafing Atlanta &#187; Fresh Loaf &#187; Blog Archive &#187; Atlanta blogs today: Stay of execution</dc:creator>
		<pubDate>Tue, 17 Jul 2007 19:33:09 +0000</pubDate>
		<guid isPermaLink="false">http://www.peachpundit.com/2007/07/17/he-needs-to-die/#comment-80292</guid>
		<description>[...] -Erick at Peach Pundit is seemingly undisturbed about the possible killing of an innocent man by the state of Georgia. Aren&#8217;t conservatives supposed to be limited government? [...]</description>
		<content:encoded><![CDATA[<p>[...] -Erick at Peach Pundit is seemingly undisturbed about the possible killing of an innocent man by the state of Georgia. Aren&#8217;t conservatives supposed to be limited government? [...]</p>
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		<title>By: Erick</title>
		<link>http://www.peachpundit.com/2007/07/17/he-needs-to-die/comment-page-1/#comment-80286</link>
		<dc:creator>Erick</dc:creator>
		<pubDate>Tue, 17 Jul 2007 19:20:07 +0000</pubDate>
		<guid isPermaLink="false">http://www.peachpundit.com/2007/07/17/he-needs-to-die/#comment-80286</guid>
		<description>Shelbinator, we aren&#039;t much on keeping around murderers.</description>
		<content:encoded><![CDATA[<p>Shelbinator, we aren&#8217;t much on keeping around murderers.</p>
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		<title>By: shelbinator</title>
		<link>http://www.peachpundit.com/2007/07/17/he-needs-to-die/comment-page-1/#comment-80284</link>
		<dc:creator>shelbinator</dc:creator>
		<pubDate>Tue, 17 Jul 2007 19:08:42 +0000</pubDate>
		<guid isPermaLink="false">http://www.peachpundit.com/2007/07/17/he-needs-to-die/#comment-80284</guid>
		<description>I&#039;m with DelicateFlower.  The GOP is the real pro-life Jesus party, huh?  Sweet weeping Jesus on the cross.</description>
		<content:encoded><![CDATA[<p>I&#8217;m with DelicateFlower.  The GOP is the real pro-life Jesus party, huh?  Sweet weeping Jesus on the cross.</p>
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		<title>By: griftdrift</title>
		<link>http://www.peachpundit.com/2007/07/17/he-needs-to-die/comment-page-1/#comment-80279</link>
		<dc:creator>griftdrift</dc:creator>
		<pubDate>Tue, 17 Jul 2007 18:53:58 +0000</pubDate>
		<guid isPermaLink="false">http://www.peachpundit.com/2007/07/17/he-needs-to-die/#comment-80279</guid>
		<description>Erick, Sonny&#039;s too busy fishin</description>
		<content:encoded><![CDATA[<p>Erick, Sonny&#8217;s too busy fishin</p>
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		<title>By: Bill Simon</title>
		<link>http://www.peachpundit.com/2007/07/17/he-needs-to-die/comment-page-1/#comment-80276</link>
		<dc:creator>Bill Simon</dc:creator>
		<pubDate>Tue, 17 Jul 2007 18:44:14 +0000</pubDate>
		<guid isPermaLink="false">http://www.peachpundit.com/2007/07/17/he-needs-to-die/#comment-80276</guid>
		<description>Nice article in today&#039;s AJC, Spacey.</description>
		<content:encoded><![CDATA[<p>Nice article in today&#8217;s AJC, Spacey.</p>
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		<title>By: Erick</title>
		<link>http://www.peachpundit.com/2007/07/17/he-needs-to-die/comment-page-1/#comment-80273</link>
		<dc:creator>Erick</dc:creator>
		<pubDate>Tue, 17 Jul 2007 18:34:41 +0000</pubDate>
		<guid isPermaLink="false">http://www.peachpundit.com/2007/07/17/he-needs-to-die/#comment-80273</guid>
		<description>Grift, I think we should get rid of P&amp;P and put all this and Genarlow in the hands of the Governor.

Oh, and Spacey, right on the money as usual.</description>
		<content:encoded><![CDATA[<p>Grift, I think we should get rid of P&#038;P and put all this and Genarlow in the hands of the Governor.</p>
<p>Oh, and Spacey, right on the money as usual.</p>
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		<title>By: Sarawara</title>
		<link>http://www.peachpundit.com/2007/07/17/he-needs-to-die/comment-page-1/#comment-80271</link>
		<dc:creator>Sarawara</dc:creator>
		<pubDate>Tue, 17 Jul 2007 18:27:50 +0000</pubDate>
		<guid isPermaLink="false">http://www.peachpundit.com/2007/07/17/he-needs-to-die/#comment-80271</guid>
		<description>People love to trot out the prior appeals, how many courts have to hear this case, etc. But no court has heard the testimony of the recanting witnesses who were the only evidence of Davis&#039; guilt that the jury heard at trial. The state habeas proceedings determined Davis&#039; claims had been procedurally defaulted, which probably resulted from ineffective assistance of counsel since Davis was relying on state-funded attorneys who were severely overburdened. The federal court never heard the testimony of any witnesses before also deciding to deny the habeas petition. 

It would be nice if people could be bothered to actually read the facts of this case before pronouncing desire to see this man die. For example, most do not know that whoever shot the police officer on the night in question also beat and shot 2 other men. Both of those men survived, and both have said Davis was not their shooter.  There is a lot about this case that should bother both death penalty advocates and opponents. It does not benefit the cause of death penalty advocates to have blatantly unjust executions of people who are probably innocent. As someone else said above, this is exactly the sort of thing that will turn the public tide against capital punishment for good if it keeps happening.  The Innocence Project has gotten over 100 death row inmates out of jail by demonstrating their actual innocence. How many mistakes do you think were made before the advent of DNA testing? How many are acceptable to you as part of the cost of executing murderers?</description>
		<content:encoded><![CDATA[<p>People love to trot out the prior appeals, how many courts have to hear this case, etc. But no court has heard the testimony of the recanting witnesses who were the only evidence of Davis&#8217; guilt that the jury heard at trial. The state habeas proceedings determined Davis&#8217; claims had been procedurally defaulted, which probably resulted from ineffective assistance of counsel since Davis was relying on state-funded attorneys who were severely overburdened. The federal court never heard the testimony of any witnesses before also deciding to deny the habeas petition. </p>
<p>It would be nice if people could be bothered to actually read the facts of this case before pronouncing desire to see this man die. For example, most do not know that whoever shot the police officer on the night in question also beat and shot 2 other men. Both of those men survived, and both have said Davis was not their shooter.  There is a lot about this case that should bother both death penalty advocates and opponents. It does not benefit the cause of death penalty advocates to have blatantly unjust executions of people who are probably innocent. As someone else said above, this is exactly the sort of thing that will turn the public tide against capital punishment for good if it keeps happening.  The Innocence Project has gotten over 100 death row inmates out of jail by demonstrating their actual innocence. How many mistakes do you think were made before the advent of DNA testing? How many are acceptable to you as part of the cost of executing murderers?</p>
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		<title>By: In the loop</title>
		<link>http://www.peachpundit.com/2007/07/17/he-needs-to-die/comment-page-1/#comment-80266</link>
		<dc:creator>In the loop</dc:creator>
		<pubDate>Tue, 17 Jul 2007 18:23:24 +0000</pubDate>
		<guid isPermaLink="false">http://www.peachpundit.com/2007/07/17/he-needs-to-die/#comment-80266</guid>
		<description>&quot;Better that ten guilty persons escape than that one innocent suffer.&quot; - William Blackstone</description>
		<content:encoded><![CDATA[<p>&#8220;Better that ten guilty persons escape than that one innocent suffer.&#8221; &#8211; William Blackstone</p>
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