Cory Maye Update

Wow. The Blogisphere response have been really overwhelming. "Cory Maye" is now the #7 technorati search. And, well, look at the list of sites yourself -- and I'm not even completely up to date yet.

Radley Balko has more updates, which are very important because they reveal some additional information that he got wrong the first time (summerized in this round-up of facts in and not in dispute). We are now in the ironic situation, after the initial right-wing crowing that the left doesn't care about Cory because we're too anti-gun or too "political", now we have to endure the Right Wing News declaring "Maye deserves the needle, the noose, or the chair -- not sympathy." Why? Because the police have a warrent for his half of the duplex (although not with his name on it)? Because the police found trace amounts of marijuana in his house? Because he bought a stolen gun? Even when you take that all into account, Cory Maye still does not deserve to die. Put him in jail for marijuana possession and posession of an unregistered firearem if you like. Am I sorry that Radley didn't get all the facts 100% in his initial posts? You bet I am. But you have to keep in mind that he was investigating a story that has been utterly neglected. If anything, the fault was on us bandwagon-jumpers for not making it clear that Radley was still sussing out the details when we piled on.

It's of utmost importance that we correct ourselves as we go forwards whenever contradictory facts emerge for the sake of our credibility and to stick as far as possible to the facts not in dispute. To this end...

1) Cory or Corey?
We should at least get the man's name right, right? There are many bloggers who use "Corey" including Radley Balko on occasion, but the one mainstream media story I've seen use "Cory" so I am going to stick with that until definitive evidence comes through.

2) Misconception: The police did not have a warrant for Cory Maye's side of the house.
Clarification: Yes they did.
Fact not in dispute: Cory Maye is not mentioned by name in any of the warrents and affadavits.

3) Misconception: It was a no-knock raid.
Clarification: The police say they identified themselves as they entered. Cory Maye says he did not hear them.
Facts not in dispute: The raid was conducted late at night (sometime after 11p.m.), the police did not wait for acknowledgement as they started breaking down the doors.

4) Misconception: There was no reason to suspect Cory Maye.
Clarification: An unamed informant told officer Jones, who died in the raid, that there was "a large amount of marijuana" on Maye's side of the apartment. This informant's identity died with Jones.
Facts not in dispute: No large amount of marijuana was found in Maye's apartment. Maye has no previous record. Not even a misdemeanor.

To believe that this is a case of premeditated murder even if you believe the worse of Maye requires one to believe that he decided, after hearing the police announced themselves, to shoot Officer Jones knowing that he is a police officer, even though Maye knows he has nothing more than what has been described as "trace" amounts of marijuana in the house, on the off-chance that Jones was alone and killing him represents a way of escaping from the law. Is this motive possible? I suppose. Is it probable? Judge for yourself. Is it possible to establish this motive beyond a reasonable doubt? Not unless you can read Cory Maye's mind.

People have also reminded me that Cory Maye has ann automatic appeal ahead of him, and that they believe in all likelihood the case will get thrown out on appeal. That may well be true but I don't think it hurts to start raising Maye's profile before he's out of other options. Besides, even if his case does get reversed upon appeal (which I'm really hoping that it will), the fact that it got so far in the first place is still an injustice and an important case to publicise.