The Great Game

PZ Meyers over at Pharyngula has presented this interesting/distressing court case from Oklahoma. Please remember that though discrimination against atheists is not unusual in the US this level of discrimination is almost unheard of.

There was a weird court case there recently. Well, maybe not so weird, unfortunately—I could see it happening here. To make it short, an atheist girl in high school was kicked off a sports team because she wouldn't join in team prayers; abuse ensued; school officials lied; the principal assaulted the father; police and principal perjured themselves to press charges against him; threats were made to try and drive the family out of the state. It's actually a little bit hard to believe such stuff could go on in 21st century America, but it went to trial, and this next little anecdote alone is enough to convince me that the Smalkowski family was discriminated against for their lack of faith.

Edwin introduced himself to the jury as National Legal Director for American Atheists and asked the prospective jury in the Oklahoma panhandle if they could accept the testimony of an Atheist over that of a professed Christian. When the jury looked at him blankly, the judge asked the prospects if they understood the question. One woman spoke for many in the group by asking "What is an Atheist?" Edwin explained that an Atheist was a person who did not believe in a god or gods or in a supernatural world, and that the defendant and his entire family were such persons. Many of the prospects said they could not believe such a person over a Christian and were struck for cause. To their credit, many members of the jury panel, including two ministers' wives, told the judge they could not be fair to an Atheist in such a situation and were excused.

Anyway, the good news is that they did manage to find 12 intelligent people, and got a fast and unanimous verdict of not guilty. Yay, Oklahoma! <>

Furthermore the man who was at the center of this story has purportedly send a letter to Pharyngula which is shocking to read:

The bailiff took the piece of paper from the foreman of the jury and handed it to the Judge. He opened the paper and while staring at it he nodded. The courtroom was silent and the jury stared straight ahead. I have been in many situations where my life or limb were on the line but I was still in the game and had a hand to play. But not here, here I just sat waiting for the verdict.

Though I worried about being sent away for five years on bogus charges, my dread was the Christian mob. They knew I must be found guilty in order to slow or stop the civil case being filed in Federal court. Since the start of my daughter's stand against the public schools disregard for the law of the land, it was imperative to run us out of the county to make any civil action non valid. With me in jail for five years running my family out would be a whole lot easier, or so they might have thought.

The courtroom was packed for it is the Bible belt. There was no love in this courtroom.

The loving Christians brought their children to hear the verdict. They brought the town. They brought ministers. I even saw another Judge in the back of the room. The Judge who in an earlier hearing while slapping an inch thick stack of papers on his bench saying with a list of witnesses this big you had better be a good boy. It was lies then, it was lies now and the DA knew it! (She was later forced to hand over a written statement she denied for over a year existed!)

People prayed openly for a conviction. Many holding their bibles. During the trial the Prosecutions side of the courtroom was packed. Only my son and Edwin Kagin's wife, Helen sat behind me, but now there was not enough room in the whole courtroom.

Yet now the so-called victim, the 325 lbs victim, the ex Marine, hurrahs, was nowhere to be found. Neither was the woman assistant district attorney anywhere to be found.

This was not a case of simple justice. The town's people were out for blood:

Others had walked out into the hall and warned a police witness saying that justice must be served, that justice better be served. The judge called a hearing on the threat. He warned the crowd that if it happens one more time he would have no choice but to throw out the case. He was between a rock and a hard place. He knows my lawyers are watching and the loving Christians are out for my blood, and they are watching too. The law, elections and politics were all in play. The Judge left the court for his chambers and stayed away for a quite awhile.

I suggest you read the whole thing for yourself. You can taste the fear in his words and you can see the courage in his actions. <>

# posted by Jacob @ 7/10/2006 12:42:00 p.m.