OPINION

OPINION | MASTERSON ONLINE: Asking to die

I've reported on any number of cases over the years where the subject was either an innocent incarcerated or one who'd initially avoided prison for crimes committed.

However, valued readers, I've never encountered an inmate sentenced to 540 years for child pornography and multiple related habitual sex offender who wants our state to execute him on religious grounds, according to a copy of a letter that I and 20 others in Arkansas politics and the media received.

James E. Whitney (aka Wennerstein), although professing his innocence of the crimes that put him behind bars, says he prefers to die in order to save taxpayers lots of money while hopefully providing donated organs to help others.

He asks our state to honor his request under the Jewish religious practice called mesirat nefesh. That concept allows a person, under proper circumstances, to make the end of their life beneficial to those who follow.

In his written request to Gov. Asa Hutchinson, the inmate, in his early 50s and confined at the East Arkansas Correctional Unit in Marianna, contends that, despite his professed innocence, he no longer wishes to be a burden to others or Arkansas taxpayers (having no family of consequence still alive), and prefers to end his life.

"As I have now exhausted all the avenues currently available for direct appeal and collateral attacks on the wrongful conviction and illegal sentence imposed that has me detained without my consent and against my will by the state of Arkansas within its Department of Correction, I do not wish to be a further burden upon others," he wrote Governor Hutchinson, who in October denied Landry's petition for executive clemency.

Law enforcement records show he was last convicted in 2016 of distributing, possessing and viewing child pornography, failing to register as a sex offender and other charges, totaling 6,480 months of confinement.

"There exist[s] no valid logical, legitimate or justifiable argument for not granting my request at this time while I still have viable organs and tissues that would be usable to save/[extend] the lives of others who, with such, may significantly contribute to the betterment of the human race," he wrote.

It's apparent the inmate has put significant thought into his request, even suggesting how much he believes the state might save taxpayers by ending his life now.

"Currently it cost[s] $63.18 per day per prisoner, or $23,060.70 per year per prisoner; that is from $691,821 to $1,614,249 over the [remainder] of my average lifetime at the current cost, not taking into consideration the inevitable increase in cost over these years."

In contrast, he said, the current cost for lethal injection ranges from $250 to $16,500, depending on the source and the type of pharmaceuticals utilized. "Even at the high end of this, it's still a $6,560 cost savings over just one year ... . That could be put to a much better use than keeping someone housed, [fed] and alive who will never again be allowed to contribute to society."

Defining himself in the letter as a non-U.S. citizen, Whitney/Wennerstein argues the only reason Arkansas would refuse his request is "contrary to what the general public is [led] to believe, that the state has a financial interest in keeping the prison population numbers as high as possible.

The state makes money over and above the actual costs of housing, care and food for the prisoners in its custody, he continued. "This creates an inextricable and intertwined conflict within the criminal justice system ... from local law enforcement to Superior Court justices. ... An empty bed space does not generate revenue for the state."

"This can be, must be, the only legitimate, logical and plausible explanation for not granting my request. Howbeit, as a non-U.S. citizen, continuing to lodge me will not result in financial gain for the state."

The inmate concludes his request by reminding the governor and our state that he seeks only to make the end of his life beneficial to those who remain.

Mesirat nefesh "is a honorable religious practice and right, not only within that of my Hebrew Kabbalist Jewish beliefs, but also in many other societies as well."

I'm not certain what to make of this man's efforts to convince Arkansas to bring his existence to an end.

His criminal record and convictions involving child pornography (protestations of innocence aside) indicate to me that he'd be likely to re-offend if ever freed.

And while he didn't receive the death sentence for his past crimes, it seems apparent he understands what he's asking for in seeking it. Should someone in his position be granted such a bizarre request?

No. The nature and magnitude of his crimes aside, I don't believe the state should be in the business of taking an inmate's life because he asks, regardless of the justifications, even if the argument is faith-based.

Divided we fall

"Remember when someone is thinking differently than you, the loving (and civil) thing to do is treat them with hatred and hostility."--social media post

A sad observation this morning. So much anger, rage, mistrust, disrespect, rudeness, even hatred, roils our nation.

So much ugliness, in fact, that I'm concerned our once United States might never become united again. And all to what end? The whims of something as tenuous, callous and ineffective as political parties?

We couldn't possibly be doing more damage to ourselves and our union than the unjustified and largely anonymous nastiness largely enabled by social media and a divisive national press.

Do any of us adults who supposedly have the ability to reason at far higher levels than other mammals actually believe we should all think and act just alike, as if only one inevitably flawed belief system and approach to living is effective?

What's to be gained by becoming a hate-soaked population where our differences could possibly help strengthen and sustain this nation we share?

If the object behind our constant smears flung at each other is to convince or coerce others to think and behave like us, there's no doubt that approach to meaningful coexistence is doomed before the curse words and damnations start to fly.

I've always believed the key to resolving differences lies in honest discussion and exchange of ideas that promote understanding rather than fomenting mistrust and hatred.

Calling another person names certainly never won them over to your side--just the opposite.

It's as if our nation has become split in half where each side has lost the ability to reason and intelligently discuss their inevitable differences with the hopeful goal of arriving at mutually acceptable conclusions.

I can't speak for others, but I'll also never accept I was put on Earth to spend it condemning, harming, chastising, ridiculing and cursing others different than me who share the world alongside me.

Does anyone believe all the Americans lost to foreign wars in the struggle to remain free to live and speak as we choose cared if the soldier fighting beside them was a Republican or Democrat? Have we forgotten the very tenets of the Christian faith: love, forgiveness, compassion, kindness?

Never thought I'd see such a dark period in America over something as corrupted by special-interest money and selfish power-grabbing as national politics. What we have wrought on our watch is indeed a bona fide tragedy.

Now go out into the world and treat everyone you meet exactly like you want them to treat you. Hey, why not give it a try?

Mike Masterson is a longtime Arkansas journalist, was editor of three Arkansas dailies and headed the master's journalism program at Ohio State University. Email him at mmasterson@arkansasonline.com.

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