11
Oct 2011

The Case of Angela Palmer Raises the Spectre of the Death Penalty

Prying open the objective facts of the death of Angela Palmer is difficult even for the seasoned criminal law lawyer. No Stephen King novel ever told of true facts so horrific.

Angela Palmer was four years old, inside the second-floor apartment of a maize-colored apartment building at 317 Main Street, Auburn, Maine (near Lewiston). John Lane, 37, was dating her mother, Cynthia Palmer, 30, and they had started a common law relationship. This new apartment was to be their new beginning.

On the night of October 27, 1984, one of Cynthia's several stories, as she later advanced one after the other,  was that she was stoned on an overdose of prescription drugs, that she was oblivious of the assault upon her daughter in the kitchen. She blurted out to the police that later arrived on the scene:

"I didn't do it. He did."

When her and John were led down the stairs to police vans, the two reached for each other and hugged.

In a letter she later wrote her mother from prison, Cynthia alleged that she was aware of the beating and when she tried to intervene, John beat her unconscious.

Certainly, Angela’s sister, 5-year-old daughter Sarah, heard it all from the adjacent room.

After punching her, John Lane forced the little girl into the oven in the kitchen, wedged a chair against the door so it could not be pushed open from the inside, and turned the heat on as high as it would go. Apparently, at 12:30 PM, neighbors heard:

"Let me out, Daddy, let me out!"

This, together with what sounded like banging and bumping, but they did not call the police. According to evidence later presented in court, the child had suffered  a "severe scalp laceration" before being placed in the oven.

The little girl screamed in pain until she finally went silent, as her body burned, eventually smoldering. It was the smell and smoke of this fire that would bring a local police officer to the scene some two hours later to investigate; that and noise complaints in regards to the loud religious music blaring from the apartment.

Indeed, when the police officer opened the door, smoke poured out. The officer tracked the smoke back to the oven and opened the door.

A month later, the responding officer quit his job. He could no longer function because of what he had seen on that October day.

Lane and Palmer were arrested on the spot and charged with murder, although the charge against Cynthia was later reduced to manslaughter.

The community was beyond shocked. John Lane was working on his defence theory, telling the police officers that the little girl was the devil, that she had turned green and ugly and was trying to kill him, referring to herself as Lucifer. His theme was novel: he was in the midst of exorcizing the devil from his stoned girlfriend and the young child had made the fatal mistake of interfering.

A rookie judge, Bruce Chandler, was assigned to the trial. Both Lane and Cynthia Palmer’s attorneys were clever enough to avoid jury trials but it did not save Lane; he was convicted of murder in spite of his plea of insanity.

While awaiting trial, his cellmates tried to set him on fire. Lane was rescued by prison guards and then had the temerity to file a formal complaint about the incident.

In November of 1985, he was sentenced to life in prison. Maine did not have the death penalty having rescinded it from their statute books in 1887. Still in sentencing Lane, Mr. Justice Chandler may have been one of few to feel gratitude:

"I am very grateful that Maine law does not allow the death penalty because your crime tests the very outmost limits of my belief that that penalty is never a correct one."

Cynthia Palmer, because the Court believed that she was comatose at the time of the crime, was acquitted. Her first words upon release were not for her lost daughter. They were for herself:

"Oh thank you God. Freedom!"

God?

The cover of the next day's edition of the Bangor News carried a picture of a beaming, smiling Cynthia Palmer as she left the Penobscot County Superior Courthouse in Bangor, Maine a free woman.

No Aftermath

Cynthia Palmer tried but did not get custody of her other daughter back from Maine children services. Sarah was likely adopted.

Cynthia Palmer is reported as having died in 2005.

The Government of Maine reinforced child protection investigations and went from being a state renowned for laxity to one of the more advanced American child protection jurisdictions.

John Lane is still inside the Maine State Prison serving his life sentence.

Two different reflections. One, strong with Justice Chandler that even in this most egregious of crimes, the death penalty is unwarranted. The other, probably lining up to pull the switch, as humanity, justice and law continues to agonize and struggle with the place of the death penalty within a modern justice system.

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  • The Case of Angela Palmer Raises the Spectre of the Death Penalty

Comments

Margot

Margot
Wednesday, October 12, 2011 5:47 AM
No question the crime is sickening and horrific. But still the case is not made for capital punishment. Would that these sickos had name tags or tattoos emblazoned on their foreheads. Evil is often a secret act. Would that "privacy laws" and disinterest and other deterrents not kept the neighbours from answering this little girl's frantic pleas. It is all too common. Think Kitty Genovese. This man's horrific life is its own "reward." The capital punishment argument falls loosely in to two camps. If you are of the revenge school, then capital punishment is a fitting response. If you are of the humanist school, life and eternity will mete out its own punishment.

Liz

Liz
Wednesday, October 12, 2011 7:01 PM
In the third to last paragraph where you list circumstances that make death penalty sentences "just and fair" - did you mean that a case has to evince all five of those conditions, or some combination, or only one?

I hope you didn't mean the latter. Because a crime may show depravity (a relative term as it is), but the arrested person, even one with previous multiple convictions (for petty theft or minor drug busts), could be innocent of the capital crime.

As is known, we execute people on eyewitness testimony alone even though it is notoriously unreliable, let alone coerced. (Because of course, a police officer's life always, always has to be revenged - indicating that to the legal system, their lives are worth more than everybody else's.)

The gross, racial biases, where white criminals get no, or lesser sentences and fewer death sentences for worse crimes is beyond refute.

My understanding of the Innocence Project is that at least a couple hundred people innocent of their convictions have been released kn the past few years. Our definitions of "rare" probably vary, but I consider it a significant number if we average the statistics back over the many years before the Project began.

Studies that show death penalty states do not have less violent crime - see, Texas. Executions, in particular, are all about revenge, and way too often, some people seem willing to punish SOMEbody rather than accept that reasonable evidence is lacking to prove guilt.

I might add that I am an atheist so mine is not a "Christian approach", but an ethical, and logical one. All that said, do I consider the Palmers to be a waste of breath? Yes, I do. I just think that rational, calm human conduct has to prevail in the face of these things, not one based on emotional outrage.

Rather than spend our wealth after the fact, how about putting more effort into the prevention end of things? Educating women so they are less likely to fall or stay under the sway of abusive men, provide more social support for single mothers, strengthen aspects of society that identify and follow men like Lane. I have no doubt his sociopathic tendencies had appeared well before this crime. Strengthen child social services and community awareness. I have no doubt family and neighbors saw things they could have reported well before the death of that poor child.

Anyway, just some things that I wanted to express. I don't like the idea of my money paying to keep men like Lane. But I do know prison IS punitive. You might watch some of the MSNBC episodes of Locked UP to see just how awful life in prison is.

If the US didn't spend so much of our tax dollars punishing huge numbers of non-violent, drug "crimes"; if they weren't tracking and catching immigrants who are just here to work, a lot more of our legal resources could be used towards reducing violent crimes.

Howard

Howard
Monday, October 24, 2011 9:03 AM
Notwithstanding the horrific crimes perpetuated by some the more notorious criminals, given the number of wrongful convictions in the United States and Canada during the last fifty years, the death penalty is a finality with absolutely no recourse. If it is at all remotely possible for one person to be wrongly sentenced to death, then the wisdom of applying the death penalty would cause me to question the intelligence and moral ethic of those who advocate it's application. This is a decision that if in the fullness of time proves to be wrong, how can you undo it? There can be no award, vindication, or any other recompense provided those wrongly convicted who have been executed. It's a mistake that cannot be corrected by any means, and if that means that convicted murderers are left to serve out life sentences at great expense to the State, then perhaps a new argument may be made for prison reform that demands the inmates actually be required to work at productive enterprise that pays for the correctional facilities and their operational costs, without any expense to the taxpayers. In short, the death penalty and costs of prisons are two completely different arguments.

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