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William Merriweather, Jr. Gets Life in Federal Prison in 2007 AL Murders of Eva Hudson and Sheila Prevo
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Thread: William Merriweather, Jr. Gets Life in Federal Prison in 2007 AL Murders of Eva Hudson and Sheila Prevo

  1. #1
    Administrator Heidi's Avatar
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    William Merriweather, Jr. Gets Life in Federal Prison in 2007 AL Murders of Eva Hudson and Sheila Prevo


    Sheila Prevo (top) and
    Eva Hudson




    William Merriweather, charged in Bessemer bank robbery slayings, to face competency hearing


    BIRMINGHAM, Alabama -- A federal judge next month will hear evidence on whether a man, facing the death penalty on federal charges that he killed two tellers during a robbery at a Bessemer bank in 2007, is competent to stand trial.

    William Merriweather Jr. is charged in the May 14, 2007, robbery of the Wachovia Bank on Ninth Avenue in Bessemer. Tellers Eva Hudson and Sheila Prevo were killed during the incident.

    The U.S. Attorney's Office has said it will seek the death penalty in the case.

    U.S. Magistrate Judge John E. Ott last week ordered an evidentiary hearing be held before U.S. District Court Judge David Proctor on July 25 in Birmingham.

    Ott also gave prosecutors and attorneys until July 1 to exchange a written summary of expert reports, including each expert's opinion, the basis and reasons for the opinions and each expert witness' qualifications.

    The hearing is being set to consider a motion filed by Merriweather's attorneys, Emory Anthony and Richard Jaffe, in 2009 asking that Merriweather be declared incompetent to stand trial. The motion asks that Merriweather be remanded to the custody of the Attorney General for placement at a federal mental health facility until competency is restored.

    Ott in 2007 had ordered Merriweather be hospitalized in a suitable facility for a period to determine whether he is competent to stand trial and to determine the extent, if any, to which mental illness may have affected his behavior at the time of the offense.

    Ott's order quoted a preliminary assessment report submitted by Kimberly Ackerson, a forensic psychologist. The order said Merriweather reported experiencing paranoia and hallucinations, including hearing voices.

    Much of Merriweather's medical information, examinations, and motions in the case have been placed under seal and are not available for public viewing.

    Jaffe said Monday that he could not comment on the case due to the sealed records and motions in the case.

    Merriweather also is charged in Jefferson County Circuit Court with capital murder and other charges. But the charges are on hold pending the outcome of the federal charges against Merriweather.

    http://blog.al.com/spotnews/2011/06/...charged_i.html

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    Administrator Heidi's Avatar
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    Judge orders Shelby County Jail to forcibly feed and bathe man charged in shooting deaths of two bank tellers

    BIRMINGHAM, Alabama -- A federal judge has ordered a man who faces the death penalty on federal charges that he killed two tellers during a 2007 bank robbery in Bessemer be force-fed and bathed at the Shelby County jail.

    U.S. Magistrate Judge John E. Ott, in an order filed Monday, stated that he had learned from the U.S. Marshal that William Merriweather has been refusing food and to take a shower for an extended period. "The court has been monitoring the situation for some time," according to Ott's order.

    On Monday, Ott stated that he had informed Merriweather's defense attorneys of "the need for medical intervention under the circumstances."

    Merriweather's attorneys, Emory Anthony and Richard Jaffe, argue in court documents that Merriweather is incompetent to stand trial.

    The two attorneys stated in documents filed Monday in response to the judge's proposed order that Merriweather was "clearly not competent" and agreed to a temporary order of no more than 14 days permitting the Shelby County Jail to take reasonable steps "to ensure that Mr. Merriweather's health is not further compromised."

    Ott ordered the Shelby County Jail to take steps to make sure Merriweather's health is not further compromised, including forcibly feeding and bathing him for a period not to exceed 14 days. Before the end of that time the U.S. Marshal is to be notified by jail personnel of Merriweather's medical status "and his compliance or non-compliance with medical and jail personnel directions."

    Merriweather is to have a hearing on whether he is competent to stand trial on July 25 before U.S. District Court Judge David Proctor.

    Merriweather is charged in the May 14, 2007, robbery of the Wachovia Bank on Ninth Avenue in Bessemer. Tellers Eva Hudson and Sheila Prevo were killed during the incident. The U.S. Attorneys Office has said it will seek the death penalty in the case.

    http://blog.al.com/spotnews/2011/06/...ounty_jai.html

  3. #3
    Administrator Michael's Avatar
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    An interesting, (for me) new tactic to use the mental card.

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    Competency hearing ends for man charged in slayings of 2 Bessemer bank tellers

    BIRMINGHAM, Alabama -- Testimony ended today in a federal court hearing to determine whether a man charged with the shooting deaths of two Bessemer bank tellers four years ago is competent to stand trial.

    But it will be more than a month before a judge rules whether the man is competent to stand trial.

    William Merriweather Jr. faces the death penalty if convicted on federal charges in the May 14, 2007 robbery of the Wachovia Bank on Ninth Avenue in Bessemer. Tellers Eva Hudson and Sheila Prevo were killed during the robbery.

    The hearing ended this morning after two more witnesses testified in the hearing before U.S. District Court Judge David Proctor at the Hugo L. Black U.S. Courthouse in Birmingham. The hearing had begun July 25 and included testimony from psychologists and others about Merriweather's mental conditions.

    Proctor on Tuesday had given federal prosecutors and defense attorneys a timeline for submitting their written briefs and responses after testimony ended, with the last response from prosecutors due on Sept. 23. After that date, the judge said, he would take the motion by Merriweather's attorneys to declare him incompetent to stand trial under consideration.

    http://blog.al.com/spotnews/2011/08/...r_man_cha.html

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    Jefferson County man ruled competent to stand trial in 2007 Bessemer bank robbery slayings

    A federal judge ruled today that William Merriweather Jr., the man facing the death penalty on federal charges that he killed two tellers during a robbery at a Bessemer bank in 2007, is competent to stand trial.

    U.S. District Court Judge David Proctor in an order issued this afternoon denied a motion from August 2009 by Merriweather's attorneys to declare him incompetent to stand trial. The judge stated that he will set a trial date in the future.

    "After thoroughly reviewing all available evidence, the court concludes that Merriweather is competent to stand trial," Proctor writes in a 74-page opinion along with his order. "He does not currently suffer from a mental disease or defect that could render him incompetent. Moreover, even if he did have an undetected mental disease or defect, the evidence clearly establishes that he does not have any impairments that rise to a level that would render him incompetent under (case law)."

    Merriweather is charged in the May 14, 2007 robbery of a branch of Wachovia Bank in Bessemer in which four women were shot, two of whom died. "Merriweather then grabbed approximately $11,255 in cash and exited the bank with a hostage, whom he used as a human shield. While attempting to flee, Merriweather was shot by police officers, immediately apprehended, and given emergency medical care," according to Proctor's wrote in his opinion.

    The U.S. Attorneys Office announced in 2008 that it intended to seek the death penalty if Merriweather is convicted.

    Proctor held a week long hearing in July-August 2011 that included testimony from family and friends of Merriweather and a number of psychiatrists who examined him both for the prosecution and defense attorneys. Witnesses described Merriweather's drug use and some psychotic episodes that included seeing demons hearing voices.

    Proctor chalked some of the episodes up to Merriweather's drug use.

    A federal magistrate judge in 2011 authorized Shelby County Jail personnel to take any reasonable steps necessary to ensure Merriweather's health was not further compromised, including forcibly feeding and bathing him. Merriweather began eating again after being presented with the possibility of having a feeding tube inserted through his nose and began bathing after Ott's order, according to Proctor's order.

    Psychological experts for the prosecution and defense attorneys differed in their assessments of whether Merriweather was competent to stand trial.

    Among the reasons it took more than two years to issue an order in the case, Proctor wrote, was the difficult process of working through the evidence and evaluating expert opinion testimony, "and resolving the direct and irreconcilable conflicts that have been produced by six medical professionals, three for each party".

    "As to this issue, the two sides are in utter disagreement about defendant's (Merriweather's) mental state, and the court has no medical or psychiatric training," Proctor wrote.."There are no easy answers."

    http://blog.al.com/spotnews/2013/02/...ruled_com.html
    An uninformed opponent is a dangerous opponent.

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    Federal death penalty trial delayed

    It will now be at least mid-March before a man charged with killing two Bessemer bank tellers and wounding two others during a robbery in 2007 could face a federal judge and jury. Eva Loveland Hudson and Sheila McWaine Prevo were killed at the Wachovia Bank branch in Bessemer. Two other bank tellers, Anita Siler Gordon and Latoya Shaniece Freeman were wounded.

    William Merriweather's trial has been so long in coming because of issues concerning his competency to stand trial and his mental state when the robbery was committed. If Merriweather is convicted, federal prosecutors expect to ask for the death penalty. In February, 2013, federal judge David Proctor issued an order stating Merriweather was competent.

    Once trial does begin, it is expected to take up to two months to try.

    http://www.abc3340.com/story/2419510...-trial-delayed
    An uninformed opponent is a dangerous opponent.

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    'Still no justice,' say victims at additional hearing ordered for man charged in 2007 Bessemer bank robbery and slayings

    On May 14, 2007 William Merriweather Jr., wearing a green baseball-style cap, white shirt, tie, and slacks and shoes partially wrapped in electrical tape, walked into the Wachovia Bank branch on Ninth Avenue in Bessemer.

    Minutes later, Merriweather walked out of the bank with $11,255 cash and the bank manager in tow as a hostage. Inside, bank tellers Eva Lovelady Hudson and Sheila McWaine Prevo lay dead and two others, Anita Gordon, Latoya Shaniece Freeman, seriously wounded.

    Merriweather didn't make it out of the parking lot after being wounded by a sheriff's deputy.

    Now, nearly seven years later, Merriweather has not been put on trial for the slayings as a federal court continues to decide whether Merriweather is competent to stand trial. If convicted, he could face the death penalty.

    On Friday U.S. District Court Judge David Proctor issued an order setting a hearing for July 21 to determine Merriweather's current competency to stand trial. It will be the second competency hearing since 2011.

    Gordon, who survived a gunshot wound to her face, said this afternoon that she was "sick" at hearing Merriweather was getting another competency hearing. "I'm frustrated. We've already had a competency hearing," she said.

    "I don't understand this (justice) system. Is it for the victims or the suspect? In this case he's winning," Gordon said. "He walked in there and he knew what he was doing and he needs to pay the consequences."

    Gordon and Freeman, the other wounded teller who survived, said that every year they and the families of Prevo and Hudson go back to the bank to memorialize what happened. "And still there's no justice," Gordon said.

    Freeman said she also can't believe they are reviewing Merriweather's mental status again. "I'm just very frustrated and want it all over," she said.

    "I feel like they are fighting for his rights more than the rights of those who died that day and those who were wounded," Freeman said. "It's like a never-ending cycle," she said.

    An attorney for Merriweather responded to Gordon and Freeman's concerns.

    "We certainly feel for their frustrations and the pain for their losses. We too have a family and client in pain," said defense attorney Richard Jaffe. "But circumstances require further proceedings pertaining to questions concerning William's mental competency. It is in everyone's interest that these crucial issues be thoroughly and legally examined."

    Proctor had ruled in February 2013 that Merriweather was competent. The judge had set a trial date, which has since been delayed twice as Merriweather's attorneys have argued that new, plus previously undisclosed, information shows he isn't competent.

    Merriweather, at one point during he years since his arrest, had to be ordered by a judge to be force fed.

    A competency hearing Proctor held in the summer of 2011 "failed to reveal the truth about Merriweather's condition," two of Merriweather's attorneys argued in the motion filed March 31 seeking another competency hearing.

    Jaffe and defense attorney Derek Drennan cited newly discovered material received from the Federal Medical Center at Butner, North Carolina, in the summer and fall of 2013 and recent observations of two mental health experts hired by dense attorneys that conclude Merriweather suffers from a severe mental disease that interferes with his competency.

    Jaffe and Drennan in their motion also noted observations of a mental health expert at the Springfield, Missouri, federal medical prison that Merriweather may be currently psychotic. The staff at Springfield also had noted Merriweather is suffering from a severe mental disease, Jaffe and Drennan stated in the motion.

    Federal prosecutors argued against another competency hearing in a document filed Tuesday.

    "Merriweather should not be permitted to re-litigate dated issues in hopes of somehow changing the Court's mind," according to the U.S. Attorney's Office motion.

    "For Merriweather to merit a new hearing, it is incumbent upon him to establish that there 'is reasonable cause to believe that [he] may presently be suffering from a mental disease or defect rendering him mentally incompetent to the extent that he is unable to understand the nature and consequences of the proceedings against him or to assist properly in his defense'," according to prosecutors' motion.

    "The 'new' evidence Merriweather proffers in his motion falls far short of that mark," prosecutors argued.

    The judge, however, after a meeting with attorneys on Thursday, issued the ruling for the new competency hearing.

    http://blog.al.com/spotnews/2014/04/...victims_f.html

  8. #8
    Administrator Helen's Avatar
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    Federal judge again rules man competent to stand trial in 2007 Bessemer bank robbery and teller deaths

    By Kent Faulk
    al.com

    BIRMINGHAM, Alabama - A man charged in the 2007 shooting deaths of two tellers during a Bessemer bank robbery is competent to stand trial, a federal judge ruled Friday.

    The trial of William Merriweather Jr., who could face the death penalty if convicted, has been delayed more than seven years as he was evaluated by federal prison doctors and his defense attorneys argued he was incompetent to stand trial. The delays have frustrated families of the two tellers and two other tellers who were wounded.

    U.S. District Judge David Proctor had ruled in February 2013 that Merriweather was competent to stand trial. The judge set a trial date, which was then delayed twice as Merriweather's attorneys argued that previously undisclosed nurses notes from his mental evaluation at a federal prison plus a doctors' new concerns deserved new look at competency.

    Proctor held a second competency hearing this summer, a decision he explained in Friday's ruling. "In light of the belated disclosure of the nurses' notes, (federal prison) Dr. (Christine) Pietz's concerns about Merriweather's mental state, and the fact that this is a capital case, the court found that a supplemental hearing was warranted," he stated.

    On Friday the judge issued his 124-page ruling denying defense attorney's renewed quest to have Merriweather ruled incompetent.

    Proctor denied the request, stating: "The record makes it clear that Merriweather has a comprehensive understanding of the criminal trial proceedings: he understands the charges against him; he has the ability to discuss his various options with his lawyers; he can consider options available to him; and he suffers no memory impairment that would make him unable to assist in his defense."

    A new trial date will be set, Proctor stated in a Friday order.

    Merriweather ruling


    Merriweather is charged with one count of killing during the commission of a bank robbery and two counts of use of a firearm during a crime of violence related to the May 14, 2007 bank robbery.

    According to prosecutors, Merriweather was wearing a green baseball-style cap, white shirt, tie, and slacks and shoes partially wrapped in electrical tape, when he walked into the Wachovia Bank branch on Ninth Avenue in Bessemer.

    Minutes later, Merriweather walked out of the bank with $11,255 cash and the bank manager in tow as a hostage. Inside, bank tellers Eva Lovelady Hudson and Sheila McWaine Prevo lay dead and two others, Anita Gordon, Latoya Shaniece Freeman, were seriously wounded.

    Merriweather didn't make it out of the parking lot after being wounded by a sheriff's deputy.

    http://www.al.com/news/birmingham/in...l#incart_river
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    "Men have called me mad; but the question is not yet settled, whether madness is or is not the loftiest intelligence"
    - Edgar Allan Poe

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    Trial date set for man in 2007 slayings of two Bessemer bank tellers, wounding of two others

    By Kent Faulk
    al.com

    BIRMINGHAM, Alabama - The federal trial of a man, who faces a possible death sentence if convicted in the 2007 slayings of two Bessemer bank tellers and the wounding of two others during a robbery, will begin this spring, a federal judge ruled this week.

    U.S. District Court Judge David Proctor set the trial of William Merriweather Jr. to begin April 20. The judge in October had ruled - for a second time in nearly two years - that Merriweather Jr. was competent to stand trial.

    The trial is expected to take up to two months with jury selection taking about two weeks. On April 17 an 18- to 20-person jury with be selected with 12 jurors and 6 to 8 alternates.

    Proctor this week ordered that on or before March 2 both the prosecutors and defense attorneys are to submit to the court the final joint proposed juror questionnaire and a proposed narrative summary for the court to use during jury selection.

    In orders this week Judge Proctor also set a list of other deadlines, including:

    - On or before March 16 both sides are to submit to the court joint proposed jury instructions as to both the guilt and penalty phases of the trial.

    - On or before March 30 the defendant is to submit to the judge requested instructions as to both the guilt and penalty phases of trial which may reveal any unique theories of the case.

    - On March 9 a hearing on all unresolved pretrial motions will be held.

    - On or before March 13 the U.S. Attorney's Office is to file its trial brief alerting the court to any legal or evidentiary matters it anticipates will arise at trial. The defense has to file its trial brief on or before March 20 alerting the court to any legal or evidentiary matters he anticipates will arise at trial

    Merriweather is charged in the May 14, 2007 bank robbery and deaths of Eva Lovelady Hudson and Sheila McWaine Prevo, and with the wounding of Anita Siler Gordon, Latoya Shaniece Freeman, all tellers at a Wachovia Bank branch in Bessemer.

    Merriweather's attorneys have argued for years that Merriweather is schizophrenic and is incompetent to stand trial. Proctor first ruled Merriweather competent in early 2013 - based on a 2011 hearing. The judge set a trial, but then delayed it as

    Merriweather's attorneys argued that previously undisclosed nurses notes from his mental evaluation at a federal prison plus a doctors' new concerns deserved new look at competency.

    Proctor held another competency hearing this summer and in October issued a 124-page ruling, again declaring Merriweather competent for trial.

    (Merriweather ruling)

    The more than seven-year wait for a trial has frustrated and angered the victims who survived and the families of the two tellers who died.


    Merriweather, wearing a green baseball-style cap, white shirt, tie, and slacks and shoes partially wrapped in electrical tape, walked into the Wachovia Bank branch on Ninth Avenue in Bessemer.

    Minutes later, Merriweather walked out of the bank with $11,255 cash and the bank manager in tow as a hostage after having killed and wounded the tellers. Merriweather didn't make it out of the parking lot after being wounded by a sheriff's deputy.

    http://www.al.com/news/birmingham/in...l#incart_river
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    "Men have called me mad; but the question is not yet settled, whether madness is or is not the loftiest intelligence"
    - Edgar Allan Poe

  10. #10
    Administrator Helen's Avatar
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    Mental competency report delays federal trial for man in 2007 fatal Bessemer bank robbery

    The federal trial of a man who faces a possible death sentence if convicted in the 2007 slayings of two Bessemer bank tellers and the wounding of two others has been delayed again after a government expert found the man is not competent to stand trial.

    U.S. District Court Judge David Proctor, in an order issued Friday afternoon, indefinitely delayed the trial of William Merriweather Jr. The trial had been slated to begin April 20.

    The judge ordered Merriweather to be taken to a federal mental health facility for a period of not more than four months to determine "whether there is a substantial probability that in the foreseeable future he will attain the capacity to permit the trial to proceed."

    Examiners are then to file a psychological report regarding Merriweather's treatment and their conclusions at the end of that period, the judge ordered. He also ordered that hundreds of people summoned to be in the pool of potential jurors for the trial be released from jury duty. The trial was expected to last two months and included a larger jury than normal.

    "The order reflects that there are still competency matters pending, but the government is still seeking the death penalty in the case," Peggy Sanford, public information officer for the U.S. Attorney's Office in Birmingham, said Friday afternoon.

    Richard Jaffe, one of Merriweather's attorneys, declined comment on the delay.

    Merriweather is charged in the May 14, 2007 bank robbery and deaths of Eva Lovelady Hudson and Sheila McWaine Prevo, and with the wounding of Anita Siler Gordon, Latoya Shaniece Freeman, all tellers at a Wachovia Bank branch in Bessemer.

    Merriweather faces one count of killing during the commission of a bank robbery and two counts of use of a firearm during a crime of violence. If convicted he could face the death penalty.

    Merriweather's trial has been reset multiple times as attorneys have argued the past eight years that Merriweather is schizophrenic and is incompetent to stand trial.

    Proctor first ruled Merriweather competent in early 2013 - based on a 2011 hearing. The judge set a trial, but then delayed it as Merriweather's attorneys argued that previously undisclosed nurses notes from his mental evaluation at a federal prison plus a doctors' new concerns deserved new look at competency.

    Proctor held another competency hearing last summer and in October issued a 124-page ruling, again declaring Merriweather competent for trial.

    In his ruling Friday Proctor noted his previous rulings. But he wrote that the court must "remain alert" to any changes that would render Merriweather incompetent to stand trial.

    "The recent reports of a government-retained expert finding that defendant (Merriweather) is not competent presents just such a circumstance," Proctor wrote.

    The U.S. Attorney's Office has had what's called a "firewall team," made up of prosecutors unknown and operating separately to the trial prosecutors. That firewall team prepares for the possibility of a sentencing hearing involving the death penalty in the event of a guilty verdict.

    The government's firewall team arranged for a psychiatrist, Dr. Michael Welner, to evaluate Merriweather in Feb. 2015, Proctor states in his order. "As it turns out, before his retention by the Firewall Team, Dr. Welner had been assisting the government's trial team for more than six years," the judge stated.

    Dr. Welner had advised and assisted the trial team of prosecutors in evaluating and confronting the defense's mental health evidence, Proctor wrote. "As part of his earlier work with the trial team, however, Dr. Welner did not actually interact with defendant (Merriweather). In fact, he did not actually meet with -- and personally evaluate -- defendant until February 2015, when he did so on behalf of the Firewall Team."

    Welner reported that Merriweather's disorganized thought processes and speech were consistent with schizophrenia and that his current condition impedes his ability to rationally consult with this lawyers, Proctor wrote. Welner, however, also reported that Merriweather's condition is treatable with medication.

    "Dr. Welner's conclusions appear to hold that before December 2014 defendant (Merriweather) was not suffering from a mental disease so severe that it compromised his competency and that defendant has been selectively cooperative with evaluators,"

    Proctor stated. "These opinions are consistent with the court's findings articulated in its previous competency opinions."

    But Welner reported that Merriweather's mental state had recently begun to deteriorate, Proctor stated.

    A fresh look at Merriweather's competency is warranted because a "competency finding is not static," the judge wrote.

    The more than seven-year wait for a trial has frustrated and angered the victims who survived and the families of the two tellers who died.


    Merriweather, wearing a green baseball-style cap, white shirt, tie, and slacks and shoes partially wrapped in electrical tape, walked into the Wachovia Bank branch on Ninth Avenue in Bessemer.

    Minutes later, Merriweather walked out of the bank with $11,255 cash and the bank manager in tow as a hostage after having killed and wounded the tellers. Merriweather didn't make it out of the parking lot after being wounded by a sheriff's deputy.

    http://www.al.com/news/birmingham/in...l#incart_river
    "I realize this may sound harsh, but as a father and former lawman, I really don't care if it's by lethal injection, by the electric chair, firing squad, hanging, the guillotine or being fed to the lions."
    - Oklahoma Rep. Mike Christian

    "There are some people who just do not deserve to live,"
    - Rev. Richard Hawke

    "Men have called me mad; but the question is not yet settled, whether madness is or is not the loftiest intelligence"
    - Edgar Allan Poe

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