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Death Penalty or Life without Parole Decision
April 2004
I want to add that the following articles were the hardest I have had to write in my life. The following quote from the center of this dissertation explains how we, the living victims, feel. I hope you only have to imagine being in our place:
"Johnny killed my daughter. I hate that but nothing will bring her back to life. I am so sorry. I grieve for her and the grand children I do not have." " I grieve for Johnny in his lost reasoning that led to the murder, his life doomed to be without a loving wife and children to raise and care for him and her in their old age at some little home on a quite street. I grieve that we all are subjected to recounting and recounting and now recounting again the gory details again and again and now again."
Joe
Problem's Solution #119
by Joe Ballenger Junior August 9, 2003 at about 49 minutes past midnight. Again on September 13, 2003.
Dear World,
The Joeha philosopher stays at the portal a while longer. Send a message to the world.... The P & W Think Tank deals with the death penalty:
This is not any sort of fiction.
The Spartanburg County Solicitor's Office in the State of South Carolina has contacted and held a meeting with our family about the third death penalty sentencing trial of Johnny Babe Ray for murdering our family member, Josylin Ballenger, on the 5th of September 1990 by shooting, choking, kicking and cursing, and finally stabbing her four times in the chest severing her aorta which caused her to bleed to death in about five minutes. He raised up from the last blow to the three eye witnesses, Jim, Cody, and Tommy.
We have been told by the Spartanburg County Solicitor's Office that Johnny Ray has agreed to live out his natural life in prison without seeking parole if we do not seek the death penalty. He must think the case against him is good to make this agreement, in my opinion. Our family is, for the larger proportion, inclined to consider this solution as a good one, not the only one.
No matter what is done, our family member Josylin Ballenger, will not be brought back to life. Johnny was diagnosed as a sociopath by the South Carolina Mental Health System. Sociopath's generally 'act' to get their way. If it helps you then it is fine. If it hurts you, well, too bad. As long as the sociopath gets his way it doesn't matter about other people. Johnny is reported to be 'acting' good now. Our families' biggest concern is that Johnny may revert to his old behavior patterns if released from prison, which would put living people at risk. His offer to never seek parole would prevent that. If he is put to sleep we will not have to worry about him harming others either.
There are four possibilities when we die according to the different beliefs in our world. 1. We may go to a Heaven. 2. We may go to a Hell. 3. We may be reincarnated into something else. 4. We may just go to sleep. We do not know for certain which is reality, though most of us have some convictions.
Because of kirlian photography, also called corona discharge photography, physics, and experiences reported by many peoples over many years, I believe the energy field of living things, normally called an aura, may last after the death of the body. In theory, the aura energy, the physic term for the spirit or soul, may transform and exist in the universe as energy by crossing, analogous to alternating current crossing to other coils of an electronic transformer. In this theory, the direct current part of life, the body, is left behind at death, just as direct current is left in one coil of the transformer as the ac part transfers. This is theory based on kirlian photography, the physics of energy, and reports of psi experiences through the ages of human history.
The quality of life for this energy after transforming would be the Heaven or Hell of many religious beliefs, but the energy may well just be without a quality of good or bad. It may just exist.
In either case, this theory logically concludes that there is some scientific basis for some experience after the death of the body. In simple words, this theory is a scientific postulation for life after death. Then too in theory, the energy may dissipate completely at some point, meaning that being ceases at some point after the body's death.
For the sake of completeness, it is as likely from this theory that some people may experience these energy fields, explaining reported psi experiences such as ghosts, ESP, etc. These are theories, resulting from postulating scientific facts of energy fields of living things that extend beyond the surface of the skin and can be photographed with corona discharge photography, some of what is known about the physics of energy, and psi experiences reported for centuries by many people.
If the spirit energy does transform in the space time continuum without a quality of goodness or badness, and/or the energy does dissipate and being ceases with death, then there is no punishment in the death penalty. In fact, putting a quick end to living lets murderers off too easy. It does prevent them from hurting other living things, which is the main concern of our families, and might be a more important consideration than punishment for a cruel and unusual act. Executing the death penalty may save much suffering of innocent people, which is more important than the rights and feelings of a known killer. They involuntarily give their lives for the good of the society as a whole, much like we ask soldiers to do voluntarily for the good of society as a whole: to prevent suffering of individuals in society.
On the other hand, maybe we should force suffering on murders by keeping them alive and confined until naturally dead, minimally cared for, and reminded from time to time that they caused cruel and unusual suffering in their victims. The purpose of the life sentence (preferably without parole) is not to reform. The purpose is to have no compassion for them, to make them suffer their own thinking until they are old, old, old people. As the wise know, they will reflect on their life, choices made, opportunities missed, and will grapple with their own questions of heaven, hell, reincarnation, or sleep in their after lives. It may be more punishment to make socially offensive humans suffer their own thoughts for causing the cruel and unusual suffering in their victims. Punishment would make them experience a known hell, because there may not be hell after death. If there is a hell after death, then it is even better, in that they will doubly suffer, first in the hell of their living mind and then in the hell of the afterlife.
I have decided after much consideration, after many conversations with people in our world community from electronic parts salesmen, contractors, photo lab technicians, doctors, lawyers, some disabled, some retired, some in person, others on the telephone, and some over the Internet. The best choice for us as the facts stand now is the agreement with Johnny Babe Ray, as I understand it, that he will live out his natural life in prison without seeking parole in a binding contract with the Corrections Department and the Spartanburg County Solicitor's Office. Further, Solicitor Trey Goudy said terms could be written into the contract. I suggest that if ever he or any governing entity in US jurisdiction were to make a formal move toward parole or commutation or dismissal, we would automatically and simultaneously be granted a death penalty trial. In turn for this agreement the pending November 17, 2003 trial and future trials to seek the death penalty would be suspended forever if the terms of the contract were never breached. It is the surest way to prevent him from hurting others in the living community, which is the main concern of our families, and that might be a more important consideration than punishment or vengeance for a cruel and unusual act.
Deputy Solicitor Barry Barnet has informed me by telephone that the Solicitor's Office is still researching options at this point on September 23, 2003. A final decision should be made by the middle of October 2003. One option we discussed is suspending the trial until the US Supreme Court rules on Arizona's appeal, which could be the middle of the Year of Our Lord 2005 or longer. If he is put to sleep we will not have to worry about him harming others.
Problem's Solution #119
by Joe Ballenger Junior August 9, 2003 at about 49 minutes past midnight. Again on September 12 and 17 and 25, 2003.
Dear World,
The Joeha philosopher stays at the portal a while longer. Send a message to the world.... .
The P & W Think Tank deals with the death penalty:
This is not any sort of fiction.
The Spartanburg County Solicitor's Office in the State of South Carolina has contacted and held a meeting with our family about the third death penalty sentencing trial of Johnny Babe Ray for murdering our family member, Josylin Ballenger, on the 5th of September 1990 by shooting, choking, kicking and cursing, and finally stabbing her four times in the chest severing her aorta which caused her to bleed to death in about five minutes. He raised up from the last blow to the three witnesses, Cody, Tommy, and Jim.
The following is what I feel in September 2003:
Johnny killed my daughter. I hate that but nothing will bring her back to life. I am so sorry. I grieve for her and the grand children I do not have. I grieve to hear her voice and see her smile, oh, to feel the gentle touch of her hand… . I grieve for Johnny in his lost reasoning that led to the murder, his life doomed to be without a loving wife and children to raise and care for him and her in their old age at some little home on a quite street. I grieve that we all are subjected to recounting and recounting and now recounting again the gory details again and again and now again.
With Hope and Trepidation,
Photographer and Writer Joe Ballenger Jr.
Psyche Sailor - Mind Technician - Peer Counselor
Problem's Solution #120
by Joe Ballenger Junior August 9, 2003 at about 49 minutes past midnight. Again on September 12 and 17 and 25, and on the morning of November 6, 2003.
Dear World,
The Joeha philosopher stays at the portal on a desk studying.... . Some things you can't change. Some things you can. Figure out the difference.
The P & W Think Tank grapples with the simply complex forces of the universe.
This is not any sort of fiction.
The Spartanburg County Solicitor's Office in the State of South Carolina contacted and held a meeting with our family about the sentencing of Johnny Babe Ray for murdering our family member, Josylin Deloris North Ballenger, on the 5th of September 1990 by shooting, choking, kicking and cursing, and finally stabbing her four times in the chest severing her aorta which caused her to bleed to physical death in about five minutes. He raised up from the last blow to the three witnesses, Cody, Tommy, and Jim.
Judge Larry Patterson had to accept the negotiated agreement by Solicitor Trey Goudy. Patterson likes controversy, and upon reflection I find that true.
7:28 a.m. November 6, 2003, as I was writing these very lines, the phone rang. It was an automated female voice. It said the call was to inform me that, "the offender registered by the first name of J O H N N Y, and the last name of R A Y J R has been transported on November 5, 2003 to Leiber Correctional Institute in Dorchester County." The mechanical female voice went on to say, "If you want more information you may call the South Carolina Department of Corrections at 800-835-0304." The message was repeated. Then, "If you wish to end this call press 2." I pressed 2. He has agreed to the sentence of confinement in a penitentiary for the rest of his natural life, and has signed "Exhibit A, Irrevocable Waiver of Parole."
I was able to follow Judge Patterson's reasoning, but I thought his view was shallow of the facts in this and other cases. He too will be judged and think of his own sins.
I had opportunity to photograph the Peniel Prayer Center becoming Faith Home of Spartanburg County, Bertha Smith Campus in Cowpens, South Carolina, USA on November 4, 2003 between 17:31 and 17:50 hours. I am sure of the time by the time stamp in the digital pictures I took that day. The pictures were to accent the news of Faith Home, the Bertha Smith Campus for Home Town News, Inc. It was my work to be there. This was the day before the last trial of Johnny Ray Jr. I was allowed entrance by key from Faith Home General Manager Buddy Keeney and Spartanburg County Baptist Network Director Jim Goodroe. I was alone in a place that foreign missionary Miss Bertha Smith founded in prayer in 1971 to be "…a place where individuals can come face to face with God…". I did in the small chapel photograph the evening sun light shining through the North wall's stained glass windows. The multi-colored light illuminated the study-desks that furnish the room. I was struck with awe at the simple complex beauty of the light, and my simply complex lack of understanding of this world, all that is in it, and the universe in which it resides.

As it turned out the next day in Judge Patterson's court, the forces of the universe punished Johnny Ray Jr as I theorized at my study-desk would be the maximum punishment in the simply complex detail of Problem's Solution #119. It is (here) at http://www.pandwthinktank.com . The hell of his own thoughts awaits Johnny Ray Jr for the rest of his natural earthly life, and if there is a hell for him in a life after death, then there too… . Josylin Deloris "North" Ballenger...the "light shining through the North wall..."…"illuminated the study-desk"…"in the way that would be maximum punishment in the simple… ." I call this photograph "Josylin's Hug."
-----Original Message-----
From: AntiDeathPen67
To: Pandwthinktank
Sent: Sun, 22 May 2005 3:23:07 PM Eastern Daylight Time
Subject: Your Website
Dear Mr. Ballenger
Well, I have to introduce my self first I guess, and I also have to explain that this is not an easy email for me to write. My name is Anja, I am from Germany, and I am a long time pen pal of Johnny Ray Jr.....
I wanted to write you for a long time already, ever since I first saw this website, as I did some research on Johnnys case... but something has had me not do it..
First of all, I want to express my sincere condolences for the loss of your daughter because of such a senseless and heinous crime.
Yes I am Johnnys friend, but I also see what he has done, and no matter how he has changed, there is no way to bring back your daughter...
But I want to thank you for the website, you still see him as a human being, I could tell this by the way you talked about him, mentioning his name, not calling him a monster or worst...
I am involved in the Anti-DP movement (Johnny has made me aware of all of this, before knowing him, I did not even really realize that the DP in the US was actually carried out, as I met him long before I ever got on the internet), but I also know and I am well aware of the fact that for every DP case there is a victim...
I want to thank you also for agreeing with the LWOP sentence, he will never be out, so yes you are right, people on the outside are protected as well. I don't know if he would be a danger to others outside... I do not know, and I do not want to argue about the sentence he has now. But you agreeing on the LWOP sentence has stopped others from feeling the pain that he has inflicted on you, the loss of a loved one... Thank you for that!
I hope that now with all the hearings, all the appeals and him being locked up for his natural life, you will be able to heal some, there will never be complete closure, but hopefully somehow you all are able to move on. I also hope that my email has not offended you...
Sincerely yours,
Anja Nieser
I answered:
06-12-2005
Photographer and Writer Joe Ballenger Jr
www.pandwthinktank.com
Dear Anja,
Thank you very much for reading my perception of the death penalty/life without parole issue. I am glad that it has helped you, as I understand it has from your following responses:
"... I want to thank you for the website, you still see him (Johnny Ray) as a human being, I could tell this by the way you talked about him, mentioning his name, not calling him a monster or worst...
I am involved in the Anti-DP movement (Johnny has made me aware of all of this, before knowing him, I did not even really realize that the DP in the US was actually carried out, as I met him long before I ever got on the internet), but I also know and I am well aware of the fact that for every DP case there is a victim... "
Yes, sadly, that is true. There are also surviving victims for almost every death penalty case too. I have some Efriends that can not accept the fact that their child or other family member has been taken by God that way (taken by God to do work somewhere else I believe). Some are very depressed, moody, irrational, and have difficult times coping with their loss. They also have difficult time making good decisions about daily choices of behavior. Some handle their losses by self-medication, unnecessary debt, impulse decisions in child discipline and treatment of spouses, family and friends, angry responses to polite questions, impulse sex and food choices, poor work habits, etc. Those choices can and do come to interfere with their everyday life, which is the definition of psyche illness.
Many people aren't as understanding, or circumspect, as you seem to be. While I know that I seem to come out on the side of LWOP, I am more for justice that 'for or against' the death penalty or LWOP. The death penalty is generally seen as cruel and unusual punishment. LWOP can be construed as cruel and unusual punishment too, if you were to honestly decide to be a devil's advocate about it. What you seek to find you tend to find.
My decision for accepting LWOP was based on the maximum possible punishment, while the DP is better for society.
Punishment is often based on emotional vengeance rather than to correct bad behavior. The death penalty is often based on emotional vengeance too, but the difference is in stopping the possibility of further maiming or killing by that individual. This assumes that criminal is the ipso facto guilty one. The society who ethically enforces the DP and LWOP must also uphold the other freedoms of bodies of human life; animal life, and plant life alike.
I believe that the system of government set forth in the USA in the late 1700's is the best form of government that the human population has conceived in its recorded history. That's my `educated opinion', of course. There is a radio commentator you may know of, Rush Limbaugh, who must be given this credit - even if nothing else he has said is right or wrong. Limbaugh said (with my emphasis), "The trouble with America is NOT the SYSTEM of government, it's THE PEOPLE IN IT." He was specifically talking about Democrat Bill Clinton, but the point is justly taken for other politicians and political offices.
People's rights should transcend economic concerns and material possession-control considerations in any system, including capitalism. They are important, but secondary, to the energy of life in the human, animal and plant bodies on earth. In terms of business about this, the world would become a better place if we adopted a theory of business stated as:
"Business is to put people to work to make money." Rather than the so long used bad model, "Business is to make money."
This subtle, and un-parsimonious, difference in philosophy makes people most important, and corrects a lot of the world's ills. A business must make a return to stay solvent, as South Carolina State Senator Glenn Reese countered in our informal debate one time. I believe that if you take care of all people with long lasting freedom to work and useful products, the money will take care of itself. Useless products to move printed-paper and bits of metal (or their representative 1's and 0's in bank computers) have come from that bad business philosophy. It has lead to corruption in many businesses and governments around the world. It has caused a lot of cases arising to the DP or LWOP question. The Earth itself is getting sick of it and may change our environment resluting in the end of the humans and much other life forms, like a living body rids itself of germs. If we don't stop, look and listen to the early warning signs, there may not be a world where we can live.
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