Tag: Steve Earle

Devil’s Right Hand Arrest in New York City

pellet gun Recently, a woman from Tennessee was arrested for carrying a licensed gun in New York City. The case has sparked some uproar because of the unusual facts. The woman, Meredith Graves, apparently was carrying a gun licensed in her home state of Tennessee while visiting the 9/11 Memorial in New York. After seeing a “No Guns” sign, Ms. Graves asked police where she could check her gun. Subsequently, she was arrested under a New York law prohibiting people from carrying a loaded gun, even if the gun is licensed in another state.

The case is a perfect illustration of the old adage, “Ignorance of the Law is No Excuse.” Generally, that is true in the law, as one may understand that someone should not be able to commit robbery and then say they did not know it was against the law. Only very rarely can ignorance of the law rise to a Due Process problem when someone is punished for violating a law they did not know existed. Under this case, a court would probably hold that when someone travels to another state with a gun, it is not unfair to require them to check the local laws on whether they can pack heat.

Here, Ms. Graves had every intent to comply with the law and was arrested for violating a New York law she did not know existed. A prosecutor sought a felony conviction, which could result in a sentence of up to 3 1/2 years. This case seems like a perfect one for a prosecutor to use discretion to avoid a conviction of someone who did not wish to cause any harm and who tried to comply with the law — even if she could have done things a little better. My guess is that the prosecutor is using the case to help publicize the New York law to tell tourists to leave their guns at home. 

There are a number of slang terms for guns, and one of the coolest is “the Devil’s right hand,” used in the song of the same name written by Steve Earle from his album, Copperhead Road (1988). The song begins with the singer’s first encounter with what his mama called “the Devil’s right hand,” illustrating a fascination that ends up with the singer using a gun to kill another man during a fight in the card game. Like Ms. Graves, the singer pleads not guilty and blames it all on “the Devil’s right hand.” Here is a young Steve Earle performing the song.

It is somewhat surprising that the song has not been covered more often by rock groups, considering the song’s catchy music and edgy lyrics. Perhaps the best cover is by The Highwaymen. That version makes good use of all of the members of the group: Johnny Cash, Waylong Jennings, Kris Kristofferson, and Willie Nelson.

Two of the members of that group — Waylon Jennings and Johnny Cash — recorded their own solo versions too. Here is the group version. So listen to the song one more time as a reminder to check those gun laws when you travel.

UPDATE:  In March 2012, Merredith Graves reached a deal with prosecutors so she did not face any jail time for carrying bringing her gun to town.

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    Can You Hear the Artist’s Life in the Song?

    On Sunday, May 22, 2011, Joseph Brooks — the writer of the song “You Light Up My Life” — was found dead in his Manhattan apartment, apparently having killed himself while waiting trial for the sexual assault of more than twelve women. Prosecutors claimed that he brought women to his apartment through an online ad saying he was giving auditions for a movie role, and then he allegedly drugged and raped them.

    According to some reports, he would sometimes show the Academy Award he won for “You Light Up My Life” to help gain the trust of the young women. In killing himself, the 73-year-old Brooks wrapped a plastic bag around his head and attached it to a helium tank. On top of those allegations, his son was arrested five months earlier for strangling his girlfriend to death.

    You Light Up My Life

    A jury had yet to hear the case against Brooks, so we do not know the extent of his guilt or innocence of the charges. His 3-page rambling suicide note left no clues about the alleged crimes and alluded to his health problems, as he had suffered a stroke in 2008 followed by declining health.

    For those of us who grow up hearing Debby Boone’s version of the song “You Light Up My Life,” it was a sad coda to the story behind the mega-popular song, which originally was sung by Kasey Cisyk for a movie of the same name. Actress Didi Conn lip-synced the song in the movie, which was written and directed by Brooks. The song won the 1977 Grammy for Song of the Year and an Academy Award, and Boone’s version set records as the biggest hit of the 1970s. But it was so overplayed, I doubt that many people listen to the song nowadays except at weddings.

    “You Light Up My Life” is still a very good song, but we are just sick of it, on top of the covers by LeAnn Rimes, Whitney Houston, and others. Still, I cannot help wondering how the news about Brooks will affect how people hear the song.

    In music, can you hear the artist’s life in the song? In addition to Brooks, consider producer and convicted murderer Phil Spector, and how his conviction might affect how we view the great songs he produced throughout his career. Maybe because Spector was a producer and not the performer, his troubles do not hinder my enjoyment of his songs, such as one of my favorite songs of all time, “Be My Baby” by the Ronettes. But I do sometimes think about the man when I hear the songs, wondering if the madness occasionally peeks through the swirling layered sounds.

    Brooks’s ending may tarnish “You Light Up My Life” more than Spector’s life may tarnish his songs. Spector’s work was so broad with different artists, while Brooks’s work will always be summed up with “You Light Up My Life” as his one gigantic hit song. Thus, while each Spector-produced song may carry a little part of his madness, “You Light Up My Life” bears the entire weight of Brooks’s demise. But it is also true that the relationship between the artist’s crimes and her or his music may diminish over time, such as in the case of other artists like Lead Belly or Chuck Berry.

    To a large extent, most of us probably enjoy music because we like how it sounds, not because of the life of the musicians. I enjoy music by jerks too, but when the artist is a decent person, it can add something. It may be something unconscious in the back of one’s mind, but I like to think that upon listening to the whole body of work of some artists, their decency may come through into their songs.

    For example, I feel fortunate that two of my favorite artists have been Bruce Springsteen and Steve Earle, not only because of their great music but because they have struggled to live good lives. Like all humans, they are not perfect, but I was lucky that after I was drawn to their music I later discovered their work for good causes and attempts to be decent men. You may find it in other artists you like, such as John Lennon, Emmylou Harris, Elton John, or U2, which has been involved with causes such as Amnesty International.

    Can I find the troubled mind of Joseph Brooks in “You Light Up My Life” now? I may be imagining what I hear in 2011 in the song that won the Academy Award and the Grammy so long ago in 1977. But now the sadness of the song stands out a little bit more. I hear it in Debby Boone’s recording, and I hear it in this 1979 version below by punk rocker Patti Smith on “Kids Are People Too.” In Smith’s performance, she is accompanied on piano by a young Joseph Brooks, decades before he knew how his life would end.


    At around 3:10, Smith, who also performed the song in concert, begins explaining why she chose “You Light Up My Life.” With the brilliant Patti Smith, though, one may speculate there is more to the reason she often sang the song. Brooks appears at around 3:45.

    Do you think the lives of the artists affect how you see and hear their work? Do hidden stories, like the story behind “Heartbreak Hotel” affect the music? Leave a comment.

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    Me and the Eagle

    The eagle looked down on the river below,
    And he wrapped his wings round him and he fell like a stone.
    And the big salmon fought but the talons held true,
    And he shuddered as the world turned from silver to blue.
    I stood there in awe though I’d seen it before,
    I was born in these mountains and I’ll die here for sure

    “Me and the Eagle”

    Horse Whisperer Soundtrack

    The lyrics above are to Steve Earle’s song, “Me and the Eagle,” which is from the soundtrack of songs from and inspired by The Horse Whisperer. This song perfectly captures the horse whisperer character that Robert Redford plays in the movie. The movie is pretty good, and the the soundtrack album is excellent, including songs by Emmylou Harris, Lucinda Williams, and Dwight Yoakam.

    The film also featured the song “A Soft Place to Fall,” which was nominated for the Academy Award for Best Original Song (and should have won). “A Soft Place to Fall” was co-written by and performed by an outstanding new artist who many years later would marry Steve Earle, Allison Moorer.

    I like that people post their own versions of songs on YouTube because there is something especially democratic about it.  And occasionally you find nice gems.  Below is John Fullbright’s rendition of Steve Earle’s “Me and the Eagle.”  I had not heard of the guy until seeing his videos on YouTube, and he does a moving cover of this song. Check out the young Oklahoman’s website. I am going to have to listen to more of his music.

    Some mornings will find me up above the timberline,
    Lonesome don’t seem like much once you’re this high.
    When it’s all said and done I usually find,
    Me and the eagle are of the same mind.

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    Illinois Abolishes Death Penalty: Steve Earle’s Over Yonder

    Lethal Injection Fish eye

    Today, Illinois Governor Pat Quinn signed a bill passed by the state legislature abolishing the death penalty in the state. He also commuted the death sentences of the fifteen Illinois inmates on death row to life in prison. The law takes effect July 1 and will make Illinois the sixteenth state without the death penalty. Illinois also joins other states that have abolished the death penalty in the last several years, including New Mexico and New Jersey. Connecticut, Maryland, and Montana currently are considering abolishing the death penalty.

    Gov. Quinn explained: “”Since our experience has shown that there is no way to design a perfect death penalty system, free from the numerous flaws that can lead to wrongful convictions or discriminatory treatment, I have concluded that the proper course of action is to abolish it. . . . With our broken system, we cannot ensure justice is achieved in every case.”

    Gov. Quinn showed courage in signing the bill, as it is usually easier for politicians to maintain the status quo. Too often politicians use death penalty support as a political issue to play on people’s natural emotions to want murderers killed like in the movies. But in thinking about the death penalty as a criminal justice issue, Gov. Quinn recognized that the death penalty causes too many problems that a logical society should not tolerate. Plus, because maintaining the death penalty is more costly than life in prison, Gov. Quinn reasoned that “the enormous sums expended by the state in maintaining a death penalty system would be better spent on preventing crime and assisting victims’ families in overcoming pain and grief.” More needs to be done to prevent crime and help those victims harmed by crime, and the death penalty is merely a distraction from the real issues.

    Chimesfreedom previously discussed two of Steve Earle’s death penalty songs, so now is a good time to discuss another one. “Over Yonder (Jonathan’s Song)” is from his outstanding album, Transcendental Blues. While “Ellis Unit One” is in the voice of a prison guard, “Over Yonder” is like “Billy Austin,” in the voice of a death row inmate. Unlike “Billy Austin,” though, “Over Yonder” is about a real person, and it shows in the song.

    Steve Earle catalogs many of the problems with the death penalty in his earlier “Billy Austin,” such as the racial and economic discrimination inherent in the punishment. But in “Over Yonder,” perhaps because he was writing about a real person, Earle tries to convey what a human being would feel like preparing to be executed.

    Give my radio to Johnson
    Thibodeaux can have my fan
    Send my Bible home to Mama
    Call her every now and then.

    The real subject of the song, Jonathan Nobles, corresponded with Steve Earle for ten years, and the two met and spent several days together talking in the visiting area at Ellis Unit One before Nobles was executed on October 7, 1998 in Texas. Nobles was convicted of killing two women while he was under the influence of drugs in 1986. When he first went to death row, he was a trouble-maker. But as time passed, Nobles became a Catholic and worked to turn his life around. He fasted on his last day and requested Holy Communion for his last meal.

    When Earle visited Nobles, they spent a lot of time talking about issues where they shared common ground, such as love of music, their times spent behind bars, their use of drugs, and their recovery from addiction. Steve Earle later wrote an essay about their time together and witnessing Nobles being killed by lethal injection. In Earle’s essay, he concluded that because Nobles had changed so much, society could have learned about rehabilitation from Nobles, which is especially important considering the large number of people in U.S. prisons.

    In the song, Earle does not condemn those who executed Nobles, he just tells the story. And he does not argue the inmate is innocent, he just reminds us that he is human.

    The world’ll turn around without me
    The sun’ll come up in the east
    Shinin’ down on all of them that hate me
    I hope my goin’ brings ’em peace.

    I am going over yonder
    Where no ghost can follow me
    There’s another place beyond here
    Where I’ll be free I believe.

    Just as importantly, Earle reminds us that we are human. Because, as has been noted, the death penalty is more about who we are as a society than about the handful of people executed. Gov. Quinn today chose for the state of Illinois to be a little more wiser and more humane.

    Bonus Illinois Death Penalty Information: The Chicago Tribune recently did a study of the state’s capital punishment system. The paper found “at least 46 inmates sent to death row in cases where prosecutors used jailhouse informants to convict or condemn the defendants. The investigation also found at least 33 death row inmates had been represented at trial by an attorney who had been disbarred or suspended; at least 35 African-American inmates on death row who had been convicted or condemned by an all-white jury; and about half of the nearly 300 capital cases had been reversed for a new trial or sentencing hearing.”

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    Will Gov. Quinn Sign the Death Penalty Bill?

    Yesterday, the Illinois Legislature passed a bill to abolish the death penalty in that state. In order for the bill to become law, the governor must sign it. The bill now sits on Governor Pat Quinn’s desk, and he has said that he does not yet know what he will do.

    Lethal Injection ChamberIllinois has been a leader in the death penalty debate in recent years, so it will be interesting to see if the governor has the courage to accept the role in abolishing the death penalty. After several Illinois death row inmates were found to be innocent in the 1990s, then-Gov. George Ryan ordered a commission to review the criminal justice system and he ultimately commuted the sentences of everyone on Illinois’s death row. The results from the commission, and studies by other states inspired by Illinois, in effect, found that there are so many flaws in the criminal justice system, that we can never be sure that we will not execute an innocent person.

    Fifteen states and the District of Columbia do not have the death penalty, and there has been a strong worldwide trend for decades to get rid of the death penalty. Yet, when we hear about a violent crime, like the recent tragic shootings in Arizona, our first reaction is to reach for the lethal injection needle. That quest for revenge is normal and human, but it is also normal and human to act out of rational thought instead of anger. And rational thought and experience tell us that the death penalty is more expensive than life in prison, ineffective, racist, inaccurate, and discriminates against the poor.

    Steve Earle touches on several of these themes in his excellent song, “Billy Austin.” The stark tale is narrated by a death row inmate who is part Native American. He does not claim to be innocent, and he describes committing a murder during a filling station robbery. The song then addresses the trial, referencing the poor representation often given to those charged with capital crimes. Earle seems to be telling us that the death penalty is not given based on the worst crimes, it is given based on what happens in a courtroom.

    But my trial was over quickly
    And then the long hard wait began
    Court appointed lawyer
    Couldn’t look me in the eye
    He just stood up and closed his briefcase
    When they sentenced me to die

    The narrator then describes the wait on death row, touching on the racism in the system.

    I ain’t about to tell you
    That I don’t deserve to die
    But there’s twenty-seven men here
    Mostly black, brown and poor
    Most of em are guilty
    Who are you to say for sure?

    And the song ends with another question.

    Could you take that long walk with me
    Knowing hell is waitin’ there
    Could you pull that switch yourself sir
    With a sure and steady hand
    Could you still tell yourself
    That you’re better than I am.

    And those are the questions that face Gov. Quinn. If he does not sign the bill, he will be the one pulling the switch on everyone executed in Illinois from this day forward. And that is a heavy responsibility to bear. Because the death penalty ultimately is not about the person being killed, it is about who we are.

    Bonus Governors’ Dilemmas in Other States: In the past week, Missouri Gov. Jay Nixon, and Tennessee Gov. Phil Bredesen granted clemency to men on death row. Meanwhile, also in the last week, Colorado Gov. Bill Ritter granted a posthumous pardon to Joe Arridy, who was executed in 1936, because evidence now shows Arridy was innocent.

    Bonus Discussion of Another Steve Earle Song on the Death Penalty:  Justice Stevens and Steve Earle’s “Ellis Unit One.”

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