RIP Troy Davis

Update: Troy Davis proclaimed his innocence and asked mercy for those about to kill him.

11:25 AJC reporter Rhonda Cook and other media witnesses report that Davis addressed the MacPhail family directly from the gurney and again proclaimed his innocence, asked mercy for those about to kill him and asked his friends and supporters to continue working to get to the truth of officer MacPhail's death.

Reading the headline Ga. Executes Davis; Supporters Claim Injusticehit me like a ton of bricks, even though I was convinced there was no stopping the killing machine this time. I'm against the death penalty, 100%, despite guilt or innocence, but the thought that this man suffered all that he suffered as an innocent man is beyond comprehension in a society that we've been led to believe is civilized. It's clearly not.

Troy Davis first showed up on my radar in 2008. Former FBI director and former Chief Judge William S. Sessions wrote an article about why Troy Davis should receive a new hearing. The fact that this pro-death penatly, seasoned law enforcement officer took the time to do this, in my humble opinion, spoke volumes.

Mr. Davis has been on death row in Georgia for more than 17 years for the murder of a police officer, and related violent crimes. I was the director of the FBI under Presidents Reagan, Bush, and Clinton, and I believe that there is no more serious violent crime than the murder of an off-duty police officer who was putting his life on the line to protect innocent bystanders.

That being said, we must be convinced that the right person has been convicted. Serious questions have been raised about Mr. Davis’s guilt. The murder weapon was never found and other important physical evidence was missing. Key witnesses made inconsistent statements, and seven out of the nine non-police witnesses have now recanted or changed their original testimony, some stating that they had been pressured by the police to implicate Mr. Davis. One of the two witnesses who has not recanted his testimony has now been implicated as the real murderer by two witnesses at trial and four new witnesses. In addition, concerns have been raised about the conduct of the police and prosecutors.

It also appears that the quality of legal representation Mr. Davis received during trial was, by his own laywer's account, seriously deficient. Whle Mr. Davis's case proceeded through the courts, the budget of the Georgia Resource Center stated in an affidavit that, "We were simply trying to avert total disaster rather than provide any kind of active or effective representation."

The courts considering Mr. Davis's case properly administered procedural rules that prevent those courts from considering claims that were not raised at the right time or in the right manner. However, these rules can be too restrictive and can prevent the courts from dispensing justice. Presently, the rules can stop the courts from hearing claims of innocence, such as in Mr. Davis's case. They can prevent the courts from hearing these claims even if the reason they were not properly raised was because of an overburdened lawyer with insufficient resources, such as in Mr. Davis's case. As a result of these procedural obstacles, no court has examined the claims Mr. Davis's current legal team has raised.

I am a member of the Constitution Project’s bipartisan Death Penalty Committee, which includes supporters of the death penalty, like me, as well as opponents. We are united in our profound concern that in recent years, and around the country, procedural safeguards and other assurances of fundamental fairness in the administration of capital punishment have been revealed to be deeply flawed. Two of our consensus findings from our report on the death penalty apply directly to Mr. Davis’s case. First, we condemned the kinds of procedural barriers that prevented the courts from addressing the merits of Mr. Davis’s case and we recommended that they be eliminated. Second, we insisted that capital defendants have competent lawyers with adequate resources, which Mr. Davis’s own lawyer stated (through no fault of his own) was not provided in his case.

Former Chief Justice William Rehnquist once wrote that the judicial system, “like the human beings who administer it, is fallible.” I agree. Especially when it comes to a human life, the courts should always be able to examine claims of innocence.

On September 12, the Georgia Board of Pardons and Paroles denied Mr. Davis’ petition for clemency and scheduled his execution for September 23 at 7 p.m. Two hours before the execution was to take place, the U.S. Supreme Court granted a stay of execution until it could vote on whether to grant a writ of certiorari — that is, to decide to hear his case.

I hope the Court will grant certiorari to avoid a miscarriage of justice. At the very least, Mr. Davis’ substantive claims must be examined. The political process has failed Mr. Davis. Let us hope that the court of last resort rises to the challenge.

For every six people executed in Georgia since 1973, one has been exonerated. Misconduct by police and prosecutors played a major role in Georgia’s death row exoneration cases. And like most of those on death row today, many of Georgia’s wrongfully convicted could not afford a private attorney. Georgia does not guarantee counsel in the appeals process – even if the inmate has new evidence of innocence.

Where is the Justice for me?
A plea from Troy Davis

Where is the Justice for me? In 1989 I surrendered myself to the police for crimes I knew I was innocent of in an effort to seek justice through the court system in Savannah, Georgia USA. But like so many death penalty cases, that was not my fate and I have been denied justice. During my imprisonment I have lost more than my freedom, I lost my father and my family has suffered terribly, many times being treated as less than human and even as criminals. In the past I have had lawyers who refused my input, and would not represent me in the manner that I wanted to be represented. I have had witnesses against me threatened into making false statements to seal my death sentence and witnesses who wanted to tell the truth were vilified in court.

For the entire two years I was in jail awaiting trial I wore a handmade cross around my neck, it gave me peace and when a news reporter made a statement in the local news, “Cop-killer wears cross to court,” the cross was immediately taken as if I was unworthy to believe in God or him in me. The only time my family was allowed to enter the courtroom on my behalf was during the sentencing phase where my mother and sister had to beg for my life and the prosecutor simply said, “I was only fit for killing.” Where is the Justice for me, when the courts have refused to allow me relief when multiple witnesses have recanted their testimonies that they lied against me?

Because of the Anti-Terrorism Bill, the blatant racism and bias in the U.S. Court System, I remain on death row in spite of a compelling case of my innocence. Finally I have a private law firm trying to help save my life in the court system, but it is like no one wants to admit the system made another grave mistake. Am I to be made an example of to save face? Does anyone care about my family who has been victimized by this death sentence for over 16 years? Does anyone care that my family has the fate of knowing the time and manner by which I may be killed by the state of Georgia?

I truly understand a life has been lost and I have prayed for that family just as I pray for mine, but I am Innocent and all I ask for is a True Day in a Just Court. If I am so guilty why do the courts deny me that? The truth is that they have no real case; the truth is I am Innocent.

Where is the Justice for me?

By Troy A. Davis

Read more...

Meet Troy Davis: Georgia Death Row, Part One

Almost 34 years ago, July 2, 1976, the Gregg v. Georgia ruling by the U.S. Supreme Court reinstated the death penalty and marked the beginning of the modern period of capital punishment.

Four years earlier, the Supreme Court's decision, in Furman v. Georgia, forced states and the national legislature to rethink their statutes for capital offenses to assure that the death penalty would not be administered in a capricious or discriminatory manner and that all existing death penalty statutes were unconstitutional. The justices found that the prevailing pattern of arbitrary imposition of the death penalty could no longer be tolerated. In the words of Justice Potter Stewart, "These death sentences are cruel and unusual in the same way that being struck by lightning is cruel and unusual" - - they are capriciously, freakishly, and wantonly imposed. The Supreme Court commuted the sentences of all 629 people on death row.

For every six people executed in Georgia since 1973, one has been exonerated. Misconduct by police and prosecutors played a major role in Georgia’s death row exoneration cases. And like most of those on death row today, many of Georgia’s wrongfully convicted could not afford a private attorney. Georgia does not guarantee counsel in the appeals process – even if the inmate has new evidence of innocence.

One of the most recognizable faces in the fight to make sure those wrongly convicted do not die at the hands of the state is that of Georgia's death row inmate, Troy Anthony Davis.

Davis, 38, of Savannah, has faced execution and the death chamber three times in his 18 years on Georgia's death row for the 1989 slaying of off-duty Savannah police officer Mark Allen MacPhail.

Since Davis' conviction, the evidence against him has fallen apart. No physical evidence; no murder weapon; seven of the nine witnesses have recanted or contradicted their testimony, many alleging police coercion. Of the two eyewitnesses who stuck to their stories, Sylvester "Redd” Coles was himself considered a suspect in the killing. The other initially told police he could not identify the shooter.

After prolonged appeals, the U.S. Supreme Court, on Aug. 17, instructed a federal court in Georgia to consider, for the first time in a formal court proceeding, significant evidence of Davis' innocence that surfaced after his conviction. This is the first such order from the U.S. Supreme Court in almost 50 years. The Supreme Court has never ruled on whether it is unconstitutional to execute an innocent person.

Where is the Justice for me?
A plea from Troy Davis

Where is the Justice for me? In 1989 I surrendered myself to the police for crimes I knew I was innocent of in an effort to seek justice through the court system in Savannah, Georgia USA. But like so many death penalty cases, that was not my fate and I have been denied justice. During my imprisonment I have lost more than my freedom, I lost my father and my family has suffered terribly, many times being treated as less than human and even as criminals. In the past I have had lawyers who refused my input, and would not represent me in the manner that I wanted to be represented. I have had witnesses against me threatened into making false statements to seal my death sentence and witnesses who wanted to tell the truth were vilified in court.

For the entire two years I was in jail awaiting trial I wore a handmade cross around my neck, it gave me peace and when a news reporter made a statement in the local news, “Cop-killer wears cross to court,” the cross was immediately taken as if I was unworthy to believe in God or him in me. The only time my family was allowed to enter the courtroom on my behalf was during the sentencing phase where my mother and sister had to beg for my life and the prosecutor simply said, “I was only fit for killing.” Where is the Justice for me, when the courts have refused to allow me relief when multiple witnesses have recanted their testimonies that they lied against me?

Because of the Anti-Terrorism Bill, the blatant racism and bias in the U.S. Court System, I remain on death row in spite of a compelling case of my innocence. Finally I have a private law firm trying to help save my life in the court system, but it is like no one wants to admit the system made another grave mistake. Am I to be made an example of to save face? Does anyone care about my family who has been victimized by this death sentence for over 16 years? Does anyone care that my family has the fate of knowing the time and manner by which I may be killed by the state of Georgia?

I truly understand a life has been lost and I have prayed for that family just as I pray for mine, but I am Innocent and all I ask for is a True Day in a Just Court. If I am so guilty why do the courts deny me that? The truth is that they have no real case; the truth is I am Innocent.

Where is the Justice for me?

By Troy A. Davis

Read more...

Former FBI Director Speaks Up For Troy Davis

Former FBI director and former Chief Judge William S. Sessions (pro death penalty) wrote an article about why Troy Davis should receive a new hearing.

The release of 130 individuals from death row has made clear that the administration of the death penalty is not infallible. When there are important questions about whether someone facing execution is actually guilty, those questions must be examined and resolved before the ultimate punishment is meted out. On Monday, October 6, the U.S. Supreme Court will likely announce its answer to such a question, and its decision literally means life or death for Troy Anthony Davis.

Mr. Davis has been on death row in Georgia for more than 17 years for the murder of a police officer, and related violent crimes. I was the director of the FBI under Presidents Reagan, Bush, and Clinton, and I believe that there is no more serious violent crime than the murder of an off-duty police officer who was putting his life on the line to protect innocent bystanders.

That being said, we must be convinced that the right person has been convicted. Serious questions have been raised about Mr. Davis’s guilt. The murder weapon was never found and other important physical evidence was missing. Key witnesses made inconsistent statements, and seven out of the nine non-police witnesses have now recanted or changed their original testimony, some stating that they had been pressured by the police to implicate Mr. Davis. One of the two witnesses who has not recanted his testimony has now been implicated as the real murderer by two witnesses at trial and four new witnesses. In addition, concerns have been raised about the conduct of the police and prosecutors.

It also appears that the quality of legal representation Mr. Davis received during trial was, by his own laywer's account, seriously deficient. Whle Mr. Davis's case proceeded through the courts, the budget of the Georgia Resource Center stated in an affidavit that, "We were simply trying to avert total disaster rather than provide any kind of active or effective representation."

The courts considering Mr. Davis's case properly administered procedural rules that prevent those courts from considering claims that were not raised at the right time or in the right manner. However, these rules can be too restrictive and can prevent the courts from dispensing justice. Presently, the rules can stop the courts from hearing claims of innocence, such as in Mr. Davis's case. They can prevent the courts from hearing these claims even if the reason they were not properly raised was because of an overburdened lawyer with insufficient resources, such as in Mr. Davis's case. As a result of these procedural obstacles, no court has examined the claims Mr. Davis's current legal team has raised.

I am a member of the Constitution Project’s bipartisan Death Penalty Committee, which includes supporters of the death penalty, like me, as well as opponents. We are united in our profound concern that in recent years, and around the country, procedural safeguards and other assurances of fundamental fairness in the administration of capital punishment have been revealed to be deeply flawed. Two of our consensus findings from our report on the death penalty apply directly to Mr. Davis’s case. First, we condemned the kinds of procedural barriers that prevented the courts from addressing the merits of Mr. Davis’s case and we recommended that they be eliminated. Second, we insisted that capital defendants have competent lawyers with adequate resources, which Mr. Davis’s own lawyer stated (through no fault of his own) was not provided in his case.

Former Chief Justice William Rehnquist once wrote that the judicial system, “like the human beings who administer it, is fallible.” I agree. Especially when it comes to a human life, the courts should always be able to examine claims of innocence.

On September 12, the Georgia Board of Pardons and Paroles denied Mr. Davis’ petition for clemency and scheduled his execution for September 23 at 7 p.m. Two hours before the execution was to take place, the U.S. Supreme Court granted a stay of execution until it could vote on whether to grant a writ of certiorari — that is, to decide to hear his case.

I hope the Court will grant certiorari to avoid a miscarriage of justice. At the very least, Mr. Davis’ substantive claims must be examined. The political process has failed Mr. Davis. Let us hope that the court of last resort rises to the challenge.

Read more...

25-Day Stay of Execution Granted for Troy Davis

Update on Troy Davis:

A federal appeals court gave a last-minute reprieve to Troy Davis by issuing a 25-day stay of execution. Troy Davis was set to be executed on Monday, October 27. Davis supporters, including former President Jimmy Carter and other prominent advocates have raised doubts about his guilt and are calling for a new trial due to seven of the nine witnesses have recanting their testimony, in addition to lack of physical evidence. The case was decided primarily on eye-witness testimony.

The panel ordered both sides to draft briefs to address whether Davis can be executed if he can prove his innocence.

“Upon our thorough review of the record, we conclude that Davis has met the burden for a stay of execution,” the court said in a ruling issued by Judges Joel Dubina, Rosemary Barket and Stanley Marcus.

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