/www.talkleft.com/story/2004/10/26/754/50107

I recently watched the documentary '' Gladiator days'' and had mixed emotions regarding his case and actions.

My mine reaction was why did the guards not intervene sooner.
I came accross the following which seems to match my opinion.

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Maybe he didn't have to think - it seems much more blatant when you analyze the information.

pt.#1 I couldn't agree more! If you slow that "security tape" down you can see there's a guard that runs away from the "fight" (it's easy to see b/c the prisoners are in orange & the person that runs is dressed in black.


pt.#2 There were a minimum of 5 guards in that control room - mere feet from the incident - with access to multiple forms of nonlethal weaponry i.e. stunners, stun shields, pepper sprays, batons, & wooden or beanbag pellets...any of these would have rendered the fight OVER before any serious bodily harm could have been inflicted.


pt.#3 the time stamped on the tape - as a practitioner of the law it was one of the first things we noticed...the first blow was struck at 11:35:58 and yet Mr. Blackmon is clearly shown receiving "life-saving procedures" at 12:54? excuse me?


pt#4 Mr. Blackmon was on "lock-down" so according to the prison rules, he wasn't to be allowed out of his cell. Also there were numerous statements about Mr. Blackmon's goal to "establish himself as a gang leader to be feared."


pt#5 Why was Mr. Payne (the man in the shower)brought to the main floor to a shower cell when there's a shower cell on his tier? Also court documents raise more questions than they answer about what occurred at the showers between the accomplices.


pt.#6 Why are inmates that have had prior verbal altercations left in such close quarters-unattended? Documents state that one guard was responsible for returning to the tiers multiple times to retrieve inmates, thus leaving some unattended while securing and escorting others -


pt.#7 Since when is it the duty of jurors to sentence someone for crimes "someone could possibly commit in the future?" - it's ludicrous. We do not have a crystal ball that predicts future crimes & even if we did, until & unless the laws are changed to reflect the use of such things, it is the sworn duty of the jury to prescribe appropriate punishment, under the law, for the crime committed.


pt.#8 Should the death penalty even be an option for crimes that occur within penal institutions? I think not. Simply b/c the rules within the system are completely different than those in society. A person that hasn't experienced the "dog eat dog" - 'kill or be killed' 'you are nothing more than your skin color' type of environment isn't capable of wrapping their minds around what it is like to exist day to day under such conditions.


pt#9 A jury of Kell's peers? really? I think not. There wasn't a single juror that had ever been in prison, especially super-max, so how is that a jury of your peers? It isn't. And conducting a death penalty trial on the grounds of a super-max prison certainly effected the jurors. Being bused into that high-tech, max-security environment placed the jurors in a state of mind that was negative towards Kell before hearing a word of testimony. (of course this point was denied on appeal)


Lastly, why on earthy would Sandy Shaw be called to testify concerning an incident that took place in Utah, in a men's prison? What could she offer? In essence, Kell was retried for the Cotton Kelly murder in addition to the prison homicide in Utah & held accountable for things he may or may not do in the future.


What kind of justice is this? It flies in the face of everything our justice system is said to stand for. To me, lady justice isn't standing at all in this case and if Troy Kell is executed it will be a sad day for American Justice.
The system itself must accept responsibility for what Troy Kell has become. Plain and simple. If he is a monster, he was created by our penal system. Justice would be far better served for the at risk youth of America to have access to Troy Kell's story - more good would come from trying to prevent such tragedies and momentary rage based choices, than executing one man.

There are far too many unanswered questions - there's equal amounts of blame for this incident to spread around & yet we find only one man taking the fall for the actions & lack of action of numerous individuals. I would like to see an outside investigation conducted by parties outside the Utah prison system.


There are strong, redeeming qualities in Mr. Kell that are easily discernible. It was a cruel, miscarriage of justice that Mr. Kell at the impressionable age of 18 was sentenced to LWOP. His legal representation during the first trial was mediocre at best (& that's being kind) - this decision should have been overturned on appeal within a year. Had there been a single glint of hope for Mr. Kell to have a life, outside the system, i dare say his choices would have been far different.

Troy Kell, Death Row Prisoner | 5 comments (5 topical)

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//www.dailymotion.com/relevance/search/gladiator%2Bdays%2Bpart%2B2/video/x2in7e_gladiator-days-anatomy-of-a-prison_politics

This is the documentary, cant find part 1 anywhere but not necessary

A MUST SEE.

Kell is another interesting killer . H e does have a fan and groupie base though he to my knowledge refuses all mail but that of those he knows . I alsothink UT has highly restricted him so he cannot get vistis outside of imdiate famiy and legal counsel, He mail is read and copied and he cannot be in contact with any other prisoners .
Lell had the man set up by forging a fake med call form . So his victim would be out when he was. he also had jacked keys from a boss to get out of his cuffs and let his co defendant out of his cell

There is not a legal or constitution requirement that you have a jury of your peers you are entitled to a jury trial by citizens . The Jury of your peers term is fiction . It is probably believed to be true by television shows such as law and order and other shows even things like the first 48 .

Kell brought his buddies out to see the dead body in the desert before getting arrested . There was not any way he was going to get out of it. he was offerd a plea deal but he refused it and got LWOP. he was like Whitaker already a sociopath or psychopath well before going to prison any one who can both kill some one and show off the body is depraved and what he did in prisn was sheer hate and evil . He was shouting lets have some white power jumping off in here and cheering like a little kid .
Like Whitaker Kell is articulate and manipulative . Unlike Whitaker he probably could care less if he is executed or not he he choose firing , squad because he sees it as being a real man nothing more and of course he can live up to his gangs code and die with "honer "
he should have gotten another LWOP nd then put into near total isolation that is the only way to deal with some of the psychopath / sociopath killers who for a lot of reason enjoy killing and will do so again and again .
The less attention they get the better for all and that is also real punishment to them . Think no fans and gruopies that is a huge step in it self .
:et some forensic psychologists psychiatrists and sociologists study him and Whitaker maybe we can prevent a few of their type from ever killing and know more about thier thinking and why they do what they do . This is also away to get some thing back from them as we cannot ever bring their victims back .
Maybe it will also give more attention to those who are wrongfully convicted and those who need legal help even if they are guilty but no of the charge overcharging is a huge problem ans is over sentencing . and lack of oversight of prosecutors and judges as well as less time and money spent of perusing a death sentence

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If the storm doesn't kill me
the government will

REM

kell was serving lwop for the show and tell killing, but he now has the death penalty for killing another inmate which was caught on video tape. He received lwop when he was 18 together with a girl, cant remember her name, she is now released.

The death sentence he now has for inmate to inmate killings and yes he refuses all mail from the groupies.

He shows no sign that he will change. He killed a guy... and received LWOP .... then kills again. That is a pattern. He could have avoided the DP all together by not killing again while incarcerated.

While there will always be a debate over the DP, and not a debate I am starting, he was well aware of his actions and the consequences of those actions.

He could have elected to fight his LWOP conviction, but instead continues to lash out and ultimately kill another human being. Instead of using his time wisely, he chose not to.

Whatever his current fate is now is directly connected to actions he took. Nobody forced him to kill another inmate. He made that choice.

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I just read all of this, very interesting, I am going to try and find the docu you mention.

Oh my God. I have just watched part 2 of 3 of that docu. I am in utter shock. I cannot believe that we can actually see what happened to that prisoner. I don't know the details of the original murder that Kell was in prison for so cannot comment but obviously it was a murder and apparently he showed people after.

I have never seen anything as horrific as that video. A man held down by one whilst the other stabs him to death. I am disgusted at the prison officers not going in to try and intervene - I am sure there are probably procedures in place that mean they cannot just go in due to own safety but there was enough of them, from reading the post above so that many of them could have tackled two guys. It could have saved a life for christ sake.

I am honestly quite upset by it all. I notice you say you have mixed feelings about it all. I agree that it seems a huge error was made by the prison and staff. But did Kell not as we saw with our own eyes stab someone to death in what must be premeditated as he went with a knife. I agree that the prison ought to take responsibility for the situation arising in the first place and also for not intervening but ultimately Kell killed his man and seemed to be pleased about it.

I am not here to judge, I am just interested. This guy seems a calm man even after what he has done. I still do not think he ought to be executed as it goes against my belief. I am however finding it hard to get my head around what I just watched for so many reasons.

Surely this isn't the norm.

Don't laugh at me if I am ignorant, help me understand.

I shall now attempt part 3 of 3.

OK I have watched them all. Another thing that I forgot to mention is the other guy who held the man down, he was originally in prison for forgery - how the hell does it get from forging a cheque to being party to a murder. I am astounded. Prison needs to rehabilitate peoples minds and mindsets. This is a prime example of that not having happened and from what i read and hear it seems there isn't a lot of rehabilitation going on in prisons.

I am still shocked by what I saw but have calmed down a wee bit.

So many things went wrong from start to finish and nothing can be done about it now. But are things changing?

i got not much to say only that this guy isn't a sweetie.
horrible what he has done in his life!!

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be nice to the people on your way up,because you will meet them again on your way down

before get attacked i know no one is for nothing in prison accept the innocent ones but this troy kell has done all by himself no one asked him to do those horrible things.
he's been so stuppit to kill a inmate and knows what the consequences are!!

__________________
be nice to the people on your way up,because you will meet them again on your way down