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Death Row Case Embodies Systemic Flaws, Critics Say
NEW YORK - Since his conviction on Aug. 21, 1991, Troy Davis has been engaged in an exhaustive legal battle for his exoneration and release from death row. His efforts have garnered international support from organizations and figureheads such as Amnesty International, the European parliament, Desmond Tutu, and Pope Benedict XVI.
(photo: Amnesty International) Within the United States, members of Congress and legal scholars have offered their services and influence to his case as well. However, as Davis's most recent petition for a writ of habeas corpus was denied by the 11th Circuit Court of Appeals last month, it appears that time may be running out.
Following the court's decision in May, Davis filed an original petition for habeas corpus with the U.S. Supreme Court. The petition asks that his case be re-opened due to the unprecedented amount of new evidence.
It's the last option that Davis's legal team, led by attorney Jason Ewart, has left.
"What we've been asking for the past five years is an evidentiary hearing, to hear our new evidence which includes the recantations of seven of our nine state witnesses," Ewart told IPS.
"This is our last try with the U.S. Supreme Court to try and get that. Unfortunately, it is an uphill battle because the U.S. Supreme Court does not often grant relief or a remand for hearings very often in cases like these," he said.
Ewart later added that the Supreme Court has not approved this type of petition in 85 years.
Davis was convicted and sentenced to death for the murder of Mark MacPhail, a Savannah, Georgia police officer. On three occasions, Davis has managed to obtain a stay of execution. His most recent one, a 30-day stay granted by the 11th Circuit of Appeals Court on Apr. 16, has since expired.
On May 16, Amnesty International organized a "Global Day of Action for Troy Davis", an event that Laura Moye, deputy director of the Southern Regional Office of Amnesty International, said "galvanized support from people in over 45 states in the U.S. and in 14 countries around the world."
As Davis's legal team runs out of options in the courtroom, his supporters are looking to government officials to use their influence in the case.
Moye said that "the point of the global day of action was to keep the light on Troy Davis' case because there are several different sets of officials that have the power to prevent his execution and to see that the evidence in his case finally get heard." Among those officials is the newly elected Chatham County District Attorney, Larry Chisolm.
Ewart told IPS that if Larry Chisolm examined Davis's case and was convinced of his innocence, "he would be able to ask the state processes, which is the Georgia State Board of Pardons and Paroles, to reconsider and issue of pardon or clemency here."
Edward DuBose, president of the Georgia State Conference of the National Association for the Advancement of Colored People, a civil rights group, agreed, saying that "Right now, we're trying to talk to him, send letters to him, to get him more involved."
Davis's case has been largely impeded by the Anti-Terrorism and Effective Use of the Death Penalty ACT of 1996 (AEDPA), which was quoted by the 11th Circuit of Appeals Court, as meant to limit "condemned killers convicted in State or Federal court to one Federal habeas petition - one bite of the apple - in order to "streamline the lengthy appeals process."
Ewart, however, explained that under AEDPA "you couldn't make a stand-alone innocence claim, you had to have some procedural or technical problem at trial."
"The way the AEDPA was drafted, innocence is not enough," he said.
Former Congressman Bob Barr, a death penalty advocate, wrote in an Op-Ed column for the New York Times that "This threat of injustice has come about because the lower courts have misread the Anti-Terrorism and Effective Death Penalty Act of 1996, a law I helped write when I was in Congress."
Many Davis supporters also believe that this case puts the death penalty itself under scrutiny.
As Moye told IPS, "The Troy Davis case symbolizes all that's wrong with the death penalty in the United States. You look at the different elements here and you look at a system that's much more concerned with technicalities and procedure than it is with really getting down to what is the truth."
Ewart said that he believes the Davis case reveals the way the U.S. legal system is too dependent on DNA evidence for death penalty exonerations.
"There has to be some sort of safety valve there for when you have an eyewitness case like ours and there is no DNA, you got to talk to some witnesses put them up in a hearing, subject them to cross-examination, have them explain," he said.
"Unfortunately, our system, I don't think is ready for that or there's no provisions for that. You've got to have DNA evidence or they're going to execute you," he added.
Earlier this month, Congressman John Lewis and Congressman Hank Johnson visited Troy Davis to show their support. In a news conference afterwards, they provided some insight into what legislative changes might be made.
"We will talk with the chair of the House Judiciary Committee and the chair of the Senate Judiciary Committee." said Lewis. "And maybe we can bring up some legislation. We've got to work down different roads to bring simple justice."
On Jun. 25, the Supreme Court will convene and review Troy Davis' case. The court could come to a decision or push the case back to October. Given this timeline, supporters of Davis are working with a sense of urgency.
Congressman Lewis made this clear when he spoke with the press outside the prison where Troy Davis is held. "We must do, we must act and we must act now. I came away convinced that this man is innocent - more than ever before. We must not allow the state of Georgia to put this man to death."
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21 Comments so far
Show AllWould Troy Davis be elligible for a presidential pardon. If so, why are we not petitioning the president to consider a pardon?
I don't believe the President has any jurisdiction in a State case. He can pardon persons guilty of Federal Crimes only. The Supreme Court is also limited in that it can only rule on whether the person's rights were violated or due process was not followed.
Perhaps a lawyer could clarify this. I am just an over-the-hill student.
Pardons are for guilty people who commited the crime. The whole point is this man is innocent yet has been found guilty on faulty evidence.
The Presidential pardon trumps state law. Georgia's governor, Sonny Perdue, could also free Troy Davis with the stroke of a pen.
The administration of the death penalty, especially in the South, is disproportionally applied to the poor and people of color. The means of appeal are damaged as well. Unless there is unbiased application of the death penalty (which is is highly unlikely), then the option is to ban it.
AFFIDAVITS RECANTING TESTIMONY OR STATEMENTS GIVEN IN THE TROY DAVIS CASE:
Kevin McQueen
The truth is that Troy never confessed to me or talked to me about the shooting of the police officer. I made up the confession from information I had heard on T.V. and from other inmates about the crimes. Troy did not tell me any of this... I have now realized what I did to Troy so I have decided to tell the truth... I need to set the record straight.
Monty Holmes
I told them I didn't know anything about who shot the officer, but they kept questioning me. I was real young at that time and here they were questioning me about the murder of a police officer like I was in trouble or something. I was scared... [I]t seemed like they wouldn't stop questioning me until I told them what they wanted to hear. So I did. I signed a statement saying that Troy told me that he shot the cop.
Jeffrey Sapp
I got tired of them harassing me, and they made it clear that the only way they would leave me alone is if I told them what they wanted to hear. I told them that Troy told me he did it, but it wasn't true. Troy never said that or anything like it. When it came time for Troy's trial, the police made it clear to me that I needed to stick to my original statement; that is, what they wanted me to say. I didn't want to have any more problems with the cops, so I testified against Troy.
Dorothy Ferrell
From the way the officer was talking, he gave me the impression that I should say that Troy Davis was the one who shot the officer like the other witness [sic] had ...I felt like I was just following the rest of the witnesses. I also felt like I had to cooperate with the officer because of my being on parole ... I told the detective that Troy Davis was the shooter, even though the truth was that I didn't see who shot the officer.
Darrell "D.D." Collins
After a couple of hours of the detectives yelling at me and threatening me, I finally broke down and told them what they wanted to hear. They would tell me things that they said had happened and I would repeat whatever they said. ...It is time that I told the truth about what happened that night, and what is written here is the truth. I am not proud for lying at Troy's trial, but the police had me so messed up that I felt that's all I could do or else I would go to jail.
Larry Young
I couldn't honestly remember what anyone looked like or what different people were wearing. Plus, I had been drinking that day, so I just couldn't tell who did what. The cops didn't want to hear that and kept pressing me to give them answers. They made it clear that we weren't leaving until I told them what they wanted to hear. They suggested answers and I would give them what they wanted. They put typed papers in my face and told me to sign them. I did sign them without reading them.
Antoine Williams
They asked me to describe the shooter and what he looked like and what he was wearing. I kept telling them that I didn't know. It was dark, my windows were tinted, and I was scared. It all happened so fast. Even today, I know that I could not honestly identify with any certainty who shot the officer that night. I couldn't then either. After the officers talked to me, they gave me a statement and told me to sign it. I signed it. I did not read it because I cannot read.
Robert Grizzard
I have reviewed the transcript of my testimony from the trial of Troy Davis... During my testimony I said that the person who shot the officer was wearing a light colored shirt. The truth is that I don't recall now and I didn't recall then what the shooter was wearing, as I said in my initial statement...
Michael Cooper
I have had a chance to review a statement which I supposedly gave to police officers on June 25, 1991. I remember that they asked a lot of questions and typed up a statement which they told me to sign. I did not read the statement before I signed. In fact, I have not seen it before today. ...What is written in that statement is a lie.
Benjamin Gordon
I just kept telling them that I didn't do anything, but they weren't hearing that. After four or five hours, they told me to sign some papers. I just wanted to get the hell out of there. I didn't read what they told me to sign and they didn't ask me to.
"The way the AEDPA was drafted, innocence is not enough..."
If that doesn't say it all! This country is completely whack.
yup, the "Effective Death Penalty (Hang'em High) Act", second only to the Personal Responsibility (It's you own fucking fault you are poor) Act, as Bill Clinton's crowning schievement.
I've lost my appitite for Georgia Peaches
or anything else from the Sunny land of Perdue.
Ga. peaches are tasteless anyway. You might be able to find tastier West Virginia peaches - form the far NE Shenandoah Valley part of the state. WV abolished their death penalty in 1965.
Doesn't say much for how that sanctimonious asshole Bob Barr, who lead the charge to impeach Clinton, writes a law, if everyone is misinterpreting it.
Seems to me that the officers that coerst the statements from the witnesses need to be on trial--and for murder if he is put to death--attempted otherwise.
Hopefully some sort of sanity will seep into this situation and an obviously innocent man will not be put to death. What an incredible shame if he is. One more sign of our insane times and or insane species.
Danna
Capital punishment is an abomination in the 21st (or any other century), especially in a nation that pretends to abide by the teachings of Christ(think drones, etc.). Even to keep humans on death row, like Mumia Abu-Jamail and Leonard Peletier is sinful.
But, as Tom Paxton wrote, over 45 years ago, in What Did You Learn in School Today Pretty Little Boy of Mine; "I learned that criminals die for their crimes, even if we make a mistake sometimes."
And the beat goes on.
How can we stick a wrench into the machine?
The last time I protested was in January in Ithaca, against the massacre of Gaza. But, I keep bombarding Whitehouse.gov, and encourage everyone to do so.
I keep telling Obama to assign trusted progressives to watch Democracy Now, Common Dreams, Counterpunch, ZNet, etc. to experience reality. I wouldn't be surprised if my entreaties are intercepted the Rahm Emanuel henchmen.
All we can do is continue to try; which is why I so love this site and so many of the commenters upon it.
Leonard Peltier is not on death row. He is serving two consecutive life sentences. But it is an injustice nonetheless.
I have followed Troys' case for about two years and have written,called and emailed whenever asked but I can"t get answers from amnesty,aclu naacp color of change etc what else we/I can do THERE must be something. Any ideas? I can't accept or believe no one in power/control can't order a review of this case. At the VERY least he deserves a new trial. We CAN't LET THEM(that means us too) kill him. Thanks Teddi Richman
The system of justice never apologizes. It can never be wrong.
So much for the notion that the torturing of detainees to force false confessions in Gitmo was an aberration. Here's the truth and it, and tazering to death and other horrors, happens every day in police stations around the country.
Rainborowe
I must be stupid, or something. I thought that this country was supposed to be about truth and justice. So far, the only truth and justice I see in the United Fakes of Amerikkka are a five letter and a seven letter word. Oh how our pat-riots love to throw the word democracy around. Those riot-wing bozos wouldn't know democracy if it bit 'em where they keep their brains stored. Yeah, right, up their a_ _.
Coerced testimony, multiple retracted confessions? And they got a black man ready to hang? DA drink chicken blood fo he step in. I's party time, fool Yankees don't git, don't matter he guilty or not, it send a damn message need a be sent.
Drag, cause the state is beautiful. But the racist adult white males ruin it like no pestilence ever could. The DA would step in ANYWHERE outside the south, where the DA put this man on Death-Row in the FIRST place.
I think you misread why the cops framed him, possibly it was one of the cops who killed the officer because he had come into the loop on some stuff that he wasn't of the mind to participate and perhaps made steps to initiate an investigation to a person who was the ring leader.
Why else would they lean so hard to convict the guy? I wonder if the two witnesses who didn't recant are alive and what their story is, maybe they were both involved cops. Maybe they don't want to admit their having been suckered by the cops, they'd rather take their lies to the grave than admit they testified in a murder case against someone who they knew was innocent. That's pretty dastardly.
It's possible the shooter was on the stand as a witness, if a cop killed the cop and testified at the trial.
Hi PP,
One absolute. The man is innocent.
In the glorious history of Georgia, every single black cop-killer, all, have either A. Been shot dead resisting arrest. Or B, hung themselves in their cells. All.
That he survived protracted incarceration is de facto proof of his innocence.
Black people in Georgia deserve medals for restraint.
Maybe a field trip, get one million Crips & Bloods and all their friends from across America to converge on the DA's office, to work and hang out, move into his house, a new crib for the homeys......talk to the man up close he understands you are sincere. His wife packing her bags flirting with three ex-cons, on her cell reserving a motel room.
Man walk next day.
Charges dropped.
DA served w/ divorce papers. Finally, Karma.