- Michelle Carter, the Massachusets woman who was convicted of involuntary manslaughter for encouraging her boyfriend to kill himself in text messages and phone calls, has filed an appeal with the Supreme Court.
- Her legal team argues that her conviction violated her constitutional rights to free speech and due process.
- According to the filing, Massachusetts is the only state to have upheld the conviction of a “physically absent defendant who encouraged another person to commit suicide with words alone.”
Supreme Court Appeal Filed
Lawyers for Michelle Carter, the Massachusetts woman who was convicted last year for encouraging her boyfriend to kill himself in text messages and phone calls, are asking the United States Supreme Court to review her case.
The 22-year-old’s legal team filed a petition on Monday, asking the Court to consider, “the questions whether Carter’s conviction for involuntary manslaughter violated the U.S. Constitution.”
In the filing, Carter’s attorneys claim her conviction did so by violating her First Amendment right to freedom of speech and Fifth Amendment right to due process.
The Death of Conrad Roy III
In 2014, 18-year-old Conrad Roy III poisoned himself with carbon monoxide in a Kmart parking lot in Fairhaven, Massachusetts. After his death, investigators discovered that he had exchanged several text messages and phone calls with Carter, his then 17-year-old girlfriend, as he contemplated and attempted suicide.
Messages showed that Carter encouraging him to do it. “I thought you wanted to do this. The time is right and you’re ready, you just need to do it! You can’t keep living this way,” one of several text messages to Roy read.
Carter even suggested ways for Roy to commit suicide. “Drink bleach. Why don’t you just drink bleach?” she asked in other messages found by investigators. “Hang yourself. Jump over a building, stab yourself, idk. There’s a lot of ways.”
According to prosecutors, Roy stepped out of his car as it filled with toxic fumes when he had second thoughts about what he was doing. Then Carter instructed him to return to the car.
In 2017, Carter was found guilty of involuntary manslaughter for her part in Roy’s death. Judge Lawrence Moniz of Bristol County said Carter’s “virtual presence” made her responsible for his death and she was sentenced to 15 months in prison.
Her attorneys appealed the decision, but the Massachusetts Supreme Judicial Court upheld her conviction in February. The court said it, “rejected the defendant’s claim that her words to the victim, without any physical act on her part and even without her physical presence at the scene, could not constitute wanton or reckless conduct sufficient to support a charge of manslaughter.”
Carter was then required to begin serving her sentence following the verdict.
Free Speech & Due Process Arguments
“Michelle Carter did not cause Conrad Roy’s tragic death and should not be held criminally responsible for his suicide,” said attorney Daniel Marx of Fick & Marx LLP.
“This petition focuses on just two of the many flaws in the case against her that raise important federal constitutional issues for the U.S. Supreme Court to decide.”
In their filing to the Supreme Court, Carter’s legal team says her conviction was “based on words alone” and violated her First Amendment right to free speech. They argue that Carter’s communications with Roy, “did not constitute speech that was ‘an integral part of conduct in violation of a valid criminal statute.’”
The team goes on to say that her case shows an “urgent need” for the Supreme Court to clarify “that narrow category of unprotected speech.”
Along with this, Carter’s lawyers also claim that the conviction was an arbitrary enforcement of assisted suicide laws that violated her right to due process. “As applied to assist or encouraging suicide with words alone, the common law on involuntary manslaughter violates due process because neither Carter nor any prior precedent has established meaningful guidance to prevent arbitrary and discriminatory enforcement.”
According to the filing, Massachusetts is the only state to have upheld the conviction of a “physically absent defendant who encouraged another person to commit suicide with words alone.”
“Before this case, no state had interpreted its common law or enacted an assisted suicide statute to criminalize such “pure speech,” and no other defendant had been convicted for encouraging another person to take his own life where the defendant neither provided the actual means of death nor physically participated in the suicide,” the filing states.
Monday was the last day for Carter to file an appeal to the Supreme Court, but it is unclear if the Court will take the case.
The filing came the day before an HBO documentary on Carter titled “I Love You, Now Die: The Commonwealth v. Michelle Carter.” The documentary, which first premiered at this year’s South by Southwest Festival, will air in two installments on Tuesday and Wednesday.
If you or someone you know may be contemplating suicide, call the National Suicide Prevention Lifeline at 1-800-273-8255. Other international suicide helplines can be found at befrienders.org. You can also text TALK to 741741 for free, anonymous 24/7 crisis support in the US from the Crisis Text Line.
See what others are saying: (Fox News) (The Boston Globe) (The Washington Post)
After Uvalde, Politicians, Public Figures, Gun Violence Survivors, and More Call For Change
“When are we going to do something?” Golden State Warriors Coach Steve Kerr asked during an emotional plea at a press conference.
Uvalde Shooting Kills 21 People
Democratic politicians, activists, and many others are calling for gun reform in the United States after 19 children and two teachers were killed in a Tuesday shooting at Robb Hill Elementary School in Uvalde, Texas.
The 18-year-old suspected gunman was reportedly killed by officers. The massacre marks the 27th school shooting of 2022, according to Education Week.
It also comes just a week and a half after 10 people were killed in a shooting in Buffalo, New York, and another shooting in a Southern California church left one person dead and several others injured.
Sen. Chris Murphy (D-Ct.) spoke fervently on the Senate floor Tuesday, slamming his colleagues for refusing to pass gun control legislation that could prevent future shootings.
“What are we doing?” he asked of his fellow lawmakers. “Why do you spend all this time running for the United States Senate? Why do you through all the hassle of getting this job, of putting yourself in a position of authority, if your answer is, as the slaughter increases, as kids run for their lives, we do nothing? What are we doing?
“Why are you here if not to solve a problem as existential as this?” he continued. “This isn’t inevitable. These kids weren’t unlucky. This only happens in this country.”
“And it is a choice. It is our choice.”
President Joe Biden likewise urged action by supporting the now-expired assault weapons ban.
“We can do more. We must do more,” he added.
Public Figures And Shooting Survivors Speak Out
The demands for change spread far past political figures. Golden State Warriors coach Steve Kerr took time out of a pre-game press conference to passionately plead for common-sense gun control. He specifically called on Senators to vote on H.R. 8, a background check bill previously passed in the House.
“When are we going to do something?” Kerr asked while slamming his hands on the table.
“I ask you, Mitch McConnell, I ask all of you senators who refuse to do anything about the violence and school shootings and supermarket shootings. I ask you: Are you going to put your own desire for power ahead of the lives of our children and our elderly and our churchgoers?” Kerr continued. “Because that’s what it looks like.”
He went on to say that Americans, who largely support background checks, are “being held hostage by 50 Senators who refuse to even put it to a vote.”
Grammy Award-winning musician Taylor Swift shared his message, adding that she is filled with “rage and grief” not just from the shootings, but by “the ways in which we, as a nation, have become conditioned to unfathomable and unbearable heartbreak.”
“It doesn’t have to be this way,” tweeted David Hogg, an activist and survivor of the 2018 school shooting in Parkland, Florida. “The way we will make this time different is by Americans on both sides of the aisle collaborating on what we can agree on to get something done even if small. Kids are dying we have to do something.”
Manuel Oliver, the father of one of the children lost in the Parkland shooting, slammed the inaction of politicians in an interview on CBS News.
“The families don’t need your freaking hearts,” Oliver said. “They need their kids, and the kids are not there anymore. So I feel very angry and offended and I just don’t understand how come a whole society doesn’t wake up.”
People impacted by the 2012 Sandy Hook shooting also spoke out, including Mary Ann Jacob, who worked as a librarian at the school during the shooting.
“I’m so sorry those deaths did not change our world,” Jacob wrote.
Texas-based figures felt especially compelled to stand up as the tragedy hit so close to home. Academy Award-winning actor Matthew McConaughey, whose hometown is Uvalde, wrote a message on social media asking Americans to “take a longer and deeper look in the mirror and ask ourselves, ‘What is it that we truly value?’”
“We have tragically proven that we are failing to be responsible for the rights our freedoms grant us,” McConaughey wrote.
“Action must be taken so that no parent has to experience what the parents in Uvalde and the others before them have endured.”
Fellow Texas native Selena Gomez also took to social media to argue for action.
“If children aren’t safe at school where are they safe? It’s so frustrating and I’m not sure what to say anymore,” the “Only Murders in the Building” star wrote on her Instagram story. “Those in power need to stop giving lip service and actually change the laws to prevent these shootings in the future.”
We make it a point to not include the names and pictures of those who may have been seeking attention or infamy and will not link out to websites that might contain such information.
Lawmakers Call For Action as Oil Companies Post Record Profits Amid Rising Gas Prices
A recent analysis from the Center for American Progress found that the top five oil companies earned over 300% more in profits during the first quarter of 2022 than the same period last year.
As Consumer Prices Climb, Big Oil Profits
American oil companies are facing increased scrutiny over profiteering practices as gas prices continue to surpass record highs driven by Russia’s ongoing war in Ukraine.
Last week, costs surged to above $4 per gallon in all 50 states for the first time ever, according to the auto club AAA. Prices are currently averaging over $4.59 per gallon nationwide, which is 50% higher than they were this time last year.
In addition to consumers hurting at the pump, there are also rising concerns for industries that rely on fuel and oil like trucking, freight, airlines, and plastic manufacturers.
To account for high prices, some in sectors have responded by ramping up prices further down the supply chain to account for costs, putting even more of a burden on consumers to pay for everyday items.
But as Americans struggle with sky-high gas prices at a time of record inflation, recently released earnings reports show that many of the world’s largest oil companies thrived in the first quarter of 2022.
ExxonMobil more than doubled its earnings from the same period last year, reporting a net profit of $5.5 billion. Meanwhile, Chevron logged its best quarterly earnings in almost a decade, and Shell had its highest earnings ever.
According to a new analysis conducted by the Center for American Progress, the top five oil companies — including the three mentioned above — earned over 300% more in profits this quarter than during the same time last year.
“In fact, these five companies’ first-quarter profits alone are equivalent to almost 28 percent of what Americans spent to fill up their gas tanks in the same time period,” the report noted.
Per Insider, for at least four of those companies, that growth marks a tremendous increase in profits from even before the pandemic.
Lawmakers Ramp-Up Efforts to Reduce Prices
To address these startling disparities, federal lawmakers have moved in recent weeks to increase pressure on oil companies and take steps to lower prices.
On Thursday, the House of Representatives passed a bill proposed by Rep. Katie Porter (D-Ca.) that aims to reduce gas prices. The legislation, called The Consumer Fuel Price Gouging Prevention Act, would give the president the authority to issue an Energy Emergency Declaration that would be effective for up to 30 days with the possibility of being renewed.
In that emergency period, it would be illegal for anyone to increase gas or home energy fuel prices to a level that is exploitative or “unconscionably excessive.”
The proposal would also give the Federal Trade Commission the power to investigate and manage instances of price gouging from larger companies and give state authorities the ability to enforce price-gouging violations in civil courts.
The bill, which has already seen widespread opposition from Republicans and extensive lobbying from pro-oil interest groups, faces an uphill battle in the 50-50 split Senate.
During debate on the act Thursday, Rep. Porter delivered an impassioned speech accusing oil companies of driving their record profits by using their market power to unfairly increase prices.
“The oil and gas industry currently has more than 9,000 permits to drill for oil on federal land, but they are deliberately keeping production low to please their investors and increase their short-term profits,” she said. “Even when the price of crude oil falls, oil and gas companies have refused to pass those savings on to consumers.”
“Let me be clear: price gouging is anti-capitalist,” Porter continued. “It exploits a lack of competition, which is a hallmark of capitalism. It is an effort to juice corporate profits at the expense of customers. Energy markets are reeling because of Russia’s invasion of Ukraine. Big oil companies, however, are using this temporary chaos to cover up their abuse.”
See what others are saying: (The Washington Post) (Vox) (NPR)
Lincoln College to Close for Good After COVID and Ransomware Attack Ruin Finances
Last year, 1,043 schools in the U.S. were the victim of ransomware attacks, including 26 colleges or universities, according to an analysis by Emsisoft.
One of the Only Historically Black Colleges in the Midwest Goes Down
After 157 years of educating mostly Black students in Illinois, Lincoln College will close its doors for good on Friday.
The college made the announcement last month, citing financial troubles caused by the coronavirus pandemic and a ransomware attack in December.
Enrollment dropped during the pandemic and the administration had to make costly investments in technology and campus safety measures, according to a statement from the school.
A shrinking endowment put additional pressure on the college’s budget.
The ransomware attack, which the college has said originated from Iran, thwarted admissions activities and hindered access to all institutional data. Systems for recruitment, retention, and fundraising were completely inoperable at a time when the administration needed them most.
In March, the college paid the ransom, which it has said amounted to less than $100,000. But according to Lincoln’s statement, subsequent projections showed enrollment shortfalls so significant the college would need a transformational donation or partnership to make it beyond the present semester.
The college put out a request for $50 million in a last-ditch effort to save itself, but no one came forward to provide it.
A GoFundMe aiming to raise $20 million for the college only collected $2,452 as of Tuesday.
Students and Employees Give a Bittersweet Goodbye
“The loss of history, careers, and a community of students and alumni is immense,” David Gerlach, the college’s president, said in a statement.
Lincoln counts nearly 1,000 enrolled students, and those who did not graduate this spring will leave the institution without degrees.
Gerlach has said that 22 colleges have worked with Lincoln to accept the remaining students, including their credits, tuition prices, and residency requirements.
“I was shocked and saddened by that news because of me being a freshman, so now I have to find someplace for me to go,” one student told WMBD News after the closure was announced.
When a group of students confronted Gerlach at his office about the closure, he responded with an emotional speech.
“I have been fighting hard to save this place,” he said. “But resources are resources. We’ve done everything we possibly could.”
On April 30, alumni were invited back to the campus to revisit the highlights of their college years before the institution closed.
On Saturday, the college held its final graduation ceremony, where over 200 students accepted their diplomas and Quentin Brackenridge performed the Lincoln Alma Mater.
Last year, 1,043 schools in the U.S. were the victim of ransomware attacks, including 26 colleges or universities, according to an analysis by Emsisoft.