The Strange Case of Cory Maye
By Keith Boykin, in politics
Thursday, December 15 2005, 1:03PM
Picture this. You're a black man asleep in bed at home in Mississippi. It's the night after Christmas 2001, and no one else is in the house but your 18-month-old daughter. You hear a loud thud and suddenly the sound of feet stomping on the floor outside your bedroom door. You grab your gun. A white man bursts into your bedroom with a gun. You shoot first. He dies. Is this self-defense or murder?
Let me add a few facts in favor of the prosecution. The white man lying on your bedroom floor is a police officer. Moreover, he's the son of the police chief. And his fellow officers say he identified himself as he was conducting a lawful warranted search of the apartment for drugs. Police say they found traces of drugs in the apartment.
But here are the facts in favor of the defendant. Even if the police officer did identify himself, the defendant was asleep and never heard it. The warrant the police used did not list Cory Maye as a suspect but instead listed a different suspect in a different apartment in the building. There were no drugs found in Maye's apartment that day, although the police later changed their story to claim that they found traces of drugs. The defendant had no prior criminal record. As a black man in Mississippi, he feared for his life and the life of his young daughter. Yet the defendant was convicted of murder by a mostly white jury and sentenced to death. The defendant, Cory Maye, now sits on death row.
Should Cory Maye Die?
The question is: Should Cory Maye die?
Radley Balko has been blogging about this case for some time, and Terrance at Republic of T convinced me to look into it.
Even accepting the police version of the facts, this case does not amount to murder. At worst, this is a case of negligent homicide, but even that argument is weak considering the defendant fired his weapon in his own home with the reasonable fear that his life and his daughter's life were being threatened.
For all the tough talk from the right-wing about the right to bear arms and protect your home, it's shocking that they haven't taken up the case of Cory Maye. Is it because he's young, black and poor in Mississippi? What if a rich white man in Virginia tried to defend himself against a mistaken police intrusion in his house? Oh, never mind, the police never seem to make those mistakes with rich white folks.
I'm not convinced Cory Maye should be in jail at all, much less on death row awaiting execution by lethal injection. For the record, I remain opposed to capital punishment in all circumstances, whether the defendant is Cory Maye, Stanley Tookie Williams, Charles Manson, Saddam Hussein or Adolph Hitler.
But this case is special. If you were concerned about the case of Stanley Tookie Williams, then you ought to be concerned about the case of Cory Maye. And if you weren't concerned about the death penalty for the founder of the Crips gang, then you ought to be concerned about killing a man who simply sought to defend himself in his own home.
Cory Maye should not be killed. No civilized society would execute a man for using reasonable force to protect his home and his family from intrusion. But then, is our society really all that civilized in the first place?
- Warrant on Maye's residence (PDF)
- Affidavit on Maye's residence (PDF)
- Facts on Maye's residence (PDF)
- Post-raid evidence sheet on Maye's residence (PDF)
- Warrant on Smith's residence (PDF)
- Affidavit on Smith residence (PDF)
- Underlying facts on Smith residence
- Post-raid evidence sheet on Smith residence
Editor's Note: This story was updated to include (1) a new photo of Cory Mayes, (2) direct links to the official court and police documents, and (3) new information about the racial composition of the jury. Earlier reports that the jury was all-white were not correct. In fact, two black women sat on the 12-person jury. Also note that the warrants linked above mention Cory Maye's neighbor Jamie Smith by name but never mention Cory Maye himself. (12/15/2005, 5:28 p.m.)
Comments conceal
mr
December 15 2005, 1:40PM
Excellent story showing just how the "justice system" is still very biased against Blacks. If we were to reverse the races of the police officer and defendant you would have a huge cry against the police unlawfully invading people's homes.
Regan DuCasse
December 15 2005, 1:41PM
This is self defense.
Especially when you're talking the police entering the wrong apartment.
They tried to build a case around the mistake the police made.
They acted on faulty intelligence and bad strategy.
There is always risk involved in the surprise element.
The lack of drugs, prior criminal record and legal possession of a firearm should have been enough to exonerate Mayes.
He's not a cautionary tale in the same vein as a Tookie Williams.
Williams was an avowed thug with a criminal history.
Miscarriages of justice don't just happen to black guys.
Damien Eccols, is another person who was wrongfully accused and the Constitutional rights of his codefendents (which led to his arrest) were clearly violated.
Being on death row, isn't the same a being actually exectuted.
It's not a death sentence until the convicted is actually dead.
I'm interested to know why there was an all white jury in Maye's case and what the demographics of the jury selection really were.
It's maintained that T. Williams had an all white jury, when he did not.
If police corruption is in evidence in the case of Mayes, let his lawyers put this before appeal, again and again and again and never change it. EVER.
Terrance
December 15 2005, 2:34PM
Thanks for the link. I think that getting into the details of any individual case, though, is going down a road that diverts attention from the main point: that the state shouldn't be in the business of executing people. Instead you end up arguing the guilt or innocense of one person, rather than the death penalty itself.
Oh, and all your links seem to point back to the agitator article. ;-)
Charles Ward
December 15 2005, 3:42PM
I am a daily reader here and I am always challenged to open my eyes to some things from time to time. I do not like when there is a "snapshot" of a case that can not be condensed in a few paragraphs. This is not fair to all parties involved (family, judge, jury etc). I could leave out or add a few words here and there to make the case in the opposite direction that Keith has taken it (please know that I am not calling Mr. Boykin a liar). If you are truly concerned get the court records and other essential evidence. I am weary of these sound bits that polarize a group or an issue.
BTW: I am for the death penalty; I am for it to be swiftly and efficiently as 20 years waiting to die after found guilty is far too long as it absorbs monies from other area of our society. I am tired of “black” groups saying that the killing of another black man is wrong simply because he is “black”. If you are going to be upset about Tookie then you better be upset about “all” death row inmates. Also it is lame to place “God” as the ultimate measure of justice; we live in man’s world with a sprinkling of God to make us fearful and respectful of something greater than ourselves.
Kola Boof
December 15 2005, 4:11PM
We have to do something to get this man off death row.
The search warrant more than PROVES that this is self defense.
Kola Boof
Clinton
December 15 2005, 4:50PM
This kind of b/s has been happening for years in Mississippi. I'm surprised he didn't mysteriously kill himself in his jail cell. They still think black people work on plantations down there. Someone in the judicial system needs to step in and overturn that conviction. There's no justice in this country if they don't.
Andrew in Seattle
December 15 2005, 4:52PM
Regan: I completely agree with your statements.
Charles:
You say you are against a judgement based on a "snapshot" look at evidence, then turn around and ask for "swift and efficient" use of the death penalty.
So, you state that the case is complex, yet prefer swift and simple justice? When a person's fate--and in the case of the death penalty, his or her life--hang in the balance, how would you swiftly and efficiently mete out "justice."
Yes, this is probably more complex than can be presented on a blog, but I don't think that indict's Keith's mission here--which is to alert us to the situation so we can look into it, make up or own minds, and, as Kola recommends, do something.
And for the record, I am against the death penalty, like most other civilized societies on the planet. Its unequal application is classicist and racist. I can't speak for anyone but myself, but I would propose that most of those who were upset or troubled by Tookie's case ARE CONCERNED about all inmates on death row.
William
December 15 2005, 5:04PM
I find Charles' comment offensive and stereotypical. I don't give a damn if a person is purple... if there is room for doubt in his conviction, he should not be executed. There are innocent white men on death row. The reality of this situation is that when blacks kill whites, their punishments are almost always harsher than whites who kill blacks. That's common knowledge.
Laura
December 15 2005, 5:27PM
"I am tired of “black” groups saying that the killing of another black man is wrong simply because he is “black”."
then the state shouldn't go around racially profiling and murdering "black" men because they are "black".
simple solution to that problem.
cmoney
December 15 2005, 9:06PM
It's shocking that this man was convicted of anything, much less, capital murder. But then agaian, he is Black, in Mississippi and he killed "Boss Hogg's" son, also a cop. All the elements of a lynching are here. This is why I am ambivalent about the death penalty. I believe some people truly deserve it (e.g., OK City bomber Timothy McVeigh). On the other hand, even one person wrongly given the death penalty is one too many. This country is probably incapable of fairly judging a Black defendant in a capital case involving a white victim. A ban on capital punishment in cases involving white victims and black defendants would violate equal protection for white defendants accused of killing whites and/or Blacks and Black defendants accused of killing other Blacks. What to do? Ban the death penalty? Some countries have done that. Would that provide "justice" to the families of the murder victims? Tough questions. No easy answers.
latisha
December 15 2005, 9:14PM
my day was going fine. until i read B.S like this. and thats why Blacks will never be able to get anywhere beyond where whites want us. i swear. what's the difference between then and now? they are alittle more sutle with it i would say. but even with this i would have to say it looks like jim crow era.
Mark Norris
December 15 2005, 10:04PM
Like you Keith I am so against the death penalty PERIOD!!!!!!!! I was one of the ones sending out links and trying my best to get information to friends and family and even aquaintances. And I was just sadden very, very much by the quick conclusions some made for executing a man. I never in my wildest dreams thought so many "American" (notice I put it in quotes to illustrate that I am using the word lightly) would be for killing someone for revenge. It blows me away. And this very story is the thing that scares me the most for myself and my African-American male friends whom I am close to. We could be this man. I for one am going to continue to spread the word, I don't give a damn about who doesn't want to hear it.
Mark
S
December 16 2005, 7:54AM
As sad as this story may be, and I'm sorry this police officer lost his life, but I don't feel this man should be put to death. Actually, I don't even feel this man should go to prison. If I were sound asleep and awaken by footsteps in my home (knowing it was just me and my baby) and someone barged into my room, who knows to say I wouldn't have done the same thing? The police officer should have identified himself again before entering this man's bedroom. This is a sad situation and a big loss for 2 families.
Brian
December 16 2005, 8:22AM
It's always sad to read stories like this, but what can we do as citizens, as Blacks, as people to keep situations like this from occurring? How do we help people like Cory who are victims of the justice system?
savvy101
December 16 2005, 9:18AM
The president of the United States invaded a sovereign country, deposed their leader, put in place a puppet government and occupied the country and tortured and murdered muslims who opposed him. Who said this country was civilized?
Demerese
December 16 2005, 10:27AM
Notwithstanding the threadbare status of the 4th amendment. I find lately that even in my own neighborhood, N.Y., the odds are heavly against you in a seemingly/actual showing of self defense, espically when law enforcement is involved AND the defendant is black or/and hispanic......in a RED STATE...forget it!!!!
Demerese
Gordon
December 16 2005, 11:47AM
This is truly a sad situation, and I cannot believe that stuff like this is still going on in this country..........Oh...Yes I can! Being a black educated man, I am still a target of acts such as this and we should be mindful that this could happen to any one of us.
I often try to identify with others by putting myself in that persons shoes, and I must tell you that this hurts. I am a true believer that the only place white men in this country want to see black men is dead or in jail.
This is modern day Democracy at its best. That is the reason why I have become so biased to the south. I can't help it!
G
Luke in Vancouver BC
December 16 2005, 2:12PM
Dear Keith Boykin:
I am surprised that you write: “The question is: Should Cory Maye die?”
If what I read in my limited searches of this case on the internet is true, then the question becomes; was Cory Maye fairly arrested and fairly convicted; should he have been charged at all in the first place? And, what the heck is he doing on death row?
In what country is this happening? Oh, yes … the freedom country; justice, liberty bell ringing from coast to coast, and In God We Trust becomes a blasphemy. (I am not disrespecting people or individuals who do believe or trust in God or the god of their understanding.)
If the law enforcement people were at the wrong place, if Cory Maye was not even named on the said warrant, how could he, by any standard, be convicted and sentenced to death row?
This is utterly shocking and just beyond words to me to express my distress and disgust.
I am caucasian/white, born and raised in Belgium (Europe.) I think I am not well positioned to say much about racial issues in the United States of America. I am not surprised by the comments of people here, that race played an absolutely unacceptable but reoccurring role. Regardless of the race issue the case of Cory Maye, as presented here, should bring the entire “America” on his feet in protest. The race issue adds a horrible dimension to this case.
My partner is “American” and black of African descent. He is a well educated, very respectful, responsible, friendly, social minded, peaceful individual. Some of his life experiences in the United States are appallingly shocking, and now, I too believe that a white person would hardly ever encounter the prejudice he has encountered. I have witnessed some of these firsthand; he had to live through them for his 45 years of life.
The Cory Maye case, though different, reminds me of the case of Brenton Butler from Jacksonville, Florida. An award winning documentary movie, Murder on a Sunday Morning, was produced about it. A book recently came out too; They Said it was Murder, by Brenton Butler. It’s an incredible story that ultimately ends well, though I wonder if this kind of injustice can ever “end well” for those who suffered from it. Beyond the individual who was wrongly arrested, convicted, and incarcerated, the family and friends suffer too. I think of the many wrongly convicted who never had the chance to have extraordinary lawyers.
http://www.hbo.com/docs/programs/murder_sunday
Brenton Butler Foundation: http://brentgooding.tripod.com
So, the real question that comes to my mind, and that was already mentioned here, is what can we effectively do about it? How can this case thoroughly and correctly be investigated? How can the wrong and the injustice be corrected without delay? How can situations like this one be avoided in the future?
The above is my personal opinion, without prejudice to anyone anywhere.
Doug Cooper-Spencer
December 16 2005, 4:34PM
Though it's clear that Mr. Maye shouldn't be held for the crime of which he is charged, I'm really hoping to hear more people stand up for the moral negligence of captial punishment. One day I hope that people will address this matter as a moral one altogether. However, as the case stands now, I think highly visible groups such as the NCBJ should make known the error of his sentence as well as individuals. I am a member of the NCBJ and would like to see the group engage in this matter. And as an individual I wonder if you could give us someone to write so we can all engage in a letter writing campaign.
AJ
December 16 2005, 5:10PM
SELF DEFENCE,SELF DEFENCE!
What an earth is America coming to?!Speaking from England,the continuing persecution of black people in your country never ceases to shock and deeply sadden me!
I fear something sinster has gone on regarding the finding of 'illegal drugs' in this man's apartment.Either their were drugs or there were'nt!This should not and cannot continue in modern day America!America imposes its supposedly superior 'way life' upon the rest of the world and it is so easy to see this 'way of life',this system,is greatly flawed and very possibly corrupt.
I do not belive in the executing of anyone,no matter what they have done,for the pure and simple reason that society has usually failed these poor people and then they are punished for the injustices of which they have been inflicted!There are no bad/stupid people,just bad/stupid choices.This was clearly a bad choice made in a split second of a possible life or death situation.There was quite obviously no time for any rational thought.
These 'criminals' should be rehabilitated and given what they have been refused in life....A CHANCE!
Phyllis Puckett
December 17 2005, 12:26PM
This is a miscarriage of justice. In this day and age people should be more involved and see that these types of injustices do not happen. This man is wrongfully imprisoned and missing out on important years with his daughter. This man should be at home and WE should help make this a reality. "Project Justice" needs to take up this cause. This information should make it into the right hands; there has to be someone who can help Mr. Cory Maye. If not us, then who?
Kim Pearson
December 17 2005, 5:48PM
Actually, the bloggers who picked up this case initially were libertarians and conservatives. Since then, there's been a competition between "red" and "blue" blogs to draw attention the case. Battlepanda is keeping score. The question I have been raising has to do with the dearth of mainstream media attention to the story. So far, I've gotten a response from one reporter in the region who says his news organization is too tied up with covering the aftermath of Hurricane Katrina to pay attention to much else. By my count, there were four AP stories, one story in the Baton Rouge Advocate, the TV story you linked to and some stories in the Hattiesburg (MS) paper that aren't online. Lest than 3000 words total.
Since the blogger buzz started, a CBS news blogger has done a piece on the blogger involvement in the story, and Air America's Phoenix affiliate ran an interview with Radley Balko. That's it. Mainstream press attention would shed light on the case and spark a much- needed debate.
Finally, Balko is working on making the trial transcript available online. He has also helped connect Maye's attorney with some high-powered lawyers who are willing to help with his appeal pro bono. Maye's attorney is also setting up an account to accept donations for a defense fund.
Peace,
Kim
www.dream2.org
December 17 2005, 6:15PM
the system in ever form is classist and racist, there's no doubt, but i have to agree with that Charles guy, i don't like forming an opinion as a juror when i don't know all the evidence. I didn't get the chance to hear the case. I recently served on jury duty, and it surprised me how nonchalant and relaxed people were about their american duty. bitching about the system doesn't change the system, what was the point of that article, if have you no way to support cory maye's case financially or emotionally, it just creates more fear and distrust than just feel helpless, http://www.pfadp.org/, http://en.wikipedia.org/wiki/Cory_Maye
was some more info i found on the case, it seems really sad, i wonder how many black men are on death row.
laski erotyka
December 17 2005, 8:48PM
Cool site
Mary MacElveen
December 17 2005, 11:16PM
While the death penalty is skewed where mainly blacks are on death row in this country, I am appalled by what I have read here concerning Cory Maye. Where is the NRA and those who are strict constitutionalists when it comes to his right to bear arms to protect himself within his home? The warrant was wrong based on what I just read and he should not be where he is. I do not know how people can affect change when their own elected officials only send them back those impersonal form letters stating: "Thanks for contacting my office"
Mary MacElveen!
Ron Lee
December 18 2005, 1:05AM
The Question should be, Should Corey Maye be in jail?
texas76132
December 18 2005, 8:37AM
This is a sad situation. I don't know what to say about this. My heart and hope goes out to Cory and his family. No one deserves that.
With that being said, as far as the NBJC is concerned, it should stick to it's mission statement and focus it's money and issues on gay issues only. Once you lose your focus, you lose your reason to exist and become somewhat inept. Just look at the NAACP. It has gone from being a well respected organization to a joke. Can't they find something better to do than shame Donovan MC Nabb into giving Mr. I NEED MORE ATTENTION Terrell Owens part of his paycheck. And the NAACP wonders why it's membership continues to drop. Duh!
My point is even though this is a terrible situation with Cory, there are plenty of Black civil rights groups (especially in Mississippi) to help him. Whether you agree with them or not, the Black leadership in Mississippi is pretty strong at all levels of the state. It's probably second in strength only to Georgia. He also has non-Black lawyers willing to help him. The same cannot be said for gay Black victims of crime who defend themselves against vandalism and physical attacks, not to mention the verbal abuse. Don't you remember what just happen with Lucas Dawson in Philadelphia. The brother was practically abandoned by everyone. The NAACP did not, or any other Black group for that matter, offer their support to him. He was on his own. No help, no love. See the difference in how they treat us gays in the Black community. Thank God Lucas is free and can move on with his life.
We don't need the NBJC doing what 50 other Black groups are already doing. Stick to gay issues only. If the NBJC must indulge in helping victims who are in Cory's situation, make sure the person is gay like Lucas and the other gay victims mentioned on this very website. It can start with helping the gays at Moorehouse and other colleges who are being assaulted with baseball bats. Where is the concern for them by these so-called civil rights groups? We gays have too many daggers being thrown at us to send what little resources we have on non-gay issues. Until things change, the NBJC must focus on helping gays only because no one else will.
If you want to help people like Cory, feel free to do it on your own time. There are plenty of groups willing to help him. We gays (especially Black gays) don't have that luxury yet.
Nate
December 21 2005, 9:37PM
Like somebody said before i dont beleive he should be in jail and then tried by almost all white jury that wasnt fair either
Reyna
December 22 2005, 11:11AM
If it wasnt a cop that was killed, this wouldnt even be an issue. He felt threatened in his home. This one is a no brainer for me. I dont see how anyone can look at this and question whether or not he should live. The cops were wrong from the very beginning. They entered the wrong apartment looking for another man in the middle of the night. Whether or not they announced themselves remains to be seen because the man was asleep. How do you justify your wrong doing with a edited version of the events? What a crock!!!
Gina
December 22 2005, 11:23AM
This enrages me! Theres got to be something else we can do collectively. Unfortunately, this is not an original case... Is the south really past racism? Hell no! Its just hidden. Its a "good ole boy" system, and to ge revenge on the man who took his sons life, the police chief is willing to look past trhe oath he took, and tamper with evidence, perhaps even back date some warrants etc. all so he can sleep at night....besides its just another black man right? Justice will never be completely just as long as it is a human sstem... but I've had enough of "Justice" working only for those who have connections or are deemed worthy.
Greg Price
December 22 2005, 12:03PM
There it is, for all to see. The word JUSTICE has no application for people of color. We are at the whim of a determined faction to continue to strike out at us from beneath the "NEW ROBE" and hood. Since they can no longer attack us out right, they gain control of certain political positions and administer their criminal intent from there. WE ALLOW THIS. We don't vote, we don't run, we are not educated enough (numbers)and we are too busy reading insted of acting like this is important. Let me shut up and start harrassing my representative.