By Ann Woolner
Bloomberg
August 25-Minutes before an executioner
sent Lena Baker to her death 60
years ago, she explained again why she
had shot a white man, a crime that
resulted in her being the only woman
ever to die in Georgia's electric chair.
"What I done, I did in self-defense, I
would've been killed myself," Baker, a
black woman and mother of three, said
on March 5, 1945, in her final statement,
according to records from the
U.S. state. "Where I was, I could not
overcome it."
Symbolically, Baker has finally overcome
it. The State Board of Pardons and
Paroles in Atlanta voted unanimously to
pardon her. On August 30, the board will
hand the pardon to her great-nephew,
Roosevelt Curry, who sought the declaration.
Officials across the U.S. South are
facing up to racial wrongs committed
generations ago, in the days when discrimination
against blacks as systematic
and routine. Elderly white men are being
convicted for the first time for racially
driven killings that were committed during
the 1960s in Mississippi and
Alabama.
Two men responsible for the 1963
church booming in Birmingham that
killed four black girls were convicted in
separate trials in 2001 and 2002 in that
Alabama city.
This year, a Mississippi jury convicted
Edgar Killen, 80, in the slaying of
three civil rights workers in
Philadelphia, Mississippi, in 1964.
Different Era
Take away race, and Baker's case
was simply about a drunken argument
that turned violent when a woman tried
to end her relationship with an older,
abusive man, who was her employer.
Ernest Knight was 67 when he died.
Baker was 44 when she was executed.
Yet race was central to the case.
Given the time and the place, the outcome
would have been different if she
had been white, or if the man she had
killed had been black, says James Ely Jr.,
a law professor and legal historian at
Vanderbilt University in Nashville,
Tennessee.
"There was a pervasive notion that
the criminal justice system operated
largely as a means of a kind of social
control," says Ely, 67. It was used "to
prevent blacks from getting out of line."
He adds, "If a white woman were
defending herself against a sexual
assault, a jury would say, this is what
we'd expect her to do."
Baker's trial, before an all-white,
all-male jury, took less than a day,
according to the court record. Her
court-appointed unpaid attorney offered
no witnesses other than Baker herself.
Her testimony was unsworn, a practice
that was allowed for criminal defendants
in those days.
Grievous Error Her lawyer offered no objections
and minimal cross-examination of prosecution
witnesses, according to the trial
transcript.
Under modern law it would be
impossible for Baker to be sentenced to
die given the facts of the case, says the
current district attorney for the circuit,
Charles Ferguson.
Her lawyer would get at least a minimal
fee, and an appeal to the state
Supreme Court would be automatic. If it
failed, another round of appeals in state
and federal courts would follow. It would be almost impossible for her jury to
have no blacks or women under current
law.
"It was a grievous error to deny
clemency in 1945," board Vice Chairman
Garland Hunt said in a August 23rd press
release. "This was a case that cried for
mercy."
Baker lived in Cuthbert, a small town
in southwest Georgia, and had worked
picking cotton, washing clothes and cleaning
houses when she took a job looking
after Knight, who had broken his leg,
according to the trial transcript.
A Drunken Argument An apparent sexual relationship developed,
accompanied by much alcohol, witnesses
said. On an early morning in April
1944, after she had spent the night avoiding
him, Knight pulled a gun on her and
forced her into a gristmill he owned nearby,
Baker told jurors. "He said, Lena, goddammit,
you are going in my mill, and
when he said that he throwed his pistol on
me and made me go in there."
Later in the day he'd left her locked
up so he could attend a church function
and then returned with food, the trouble
started again.
"I kept telling him I wanted to get out,
and he said he would kill me before I got
out of there," she told jurors. Knight
pulled the gun out of his shirt.
"We got to tussling and I got the pistol
away from him," she said. He turned to
reach for a piece of iron used to latch the
door, and she feared he would use it on
her, she said. "I believed he would have
killed me if I had not done what I did,"
Baker told the jury.
No Mercy The jury found her guilty. The record
indicates no jury recommendation of
mercy, which would have been required
for her to escape death.
Baker's lawyer filed a standard
motion for a new trial and then dropped
her case. She filed a petition for clemency
with the State Board of Pardons and
Paroles, which denied it.
"She had nobody but God," says
Curry, the great-nephew, a retired construction
supervisor from Attapulgus,
Georgia, near the Florida border.
Baker was executed in Reidsville, in
southeastern Georgia, 10 months after
Knight's death.
"I have nothing against anyone,"
Baker said in her final statement. "I am
ready to meet my God."
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