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Obama Silent As US Murders Troy Davis
Obama deflected calls for him to get involved
JACKSON, Ga. -- Georgia executed Troy Davis on Wednesday night for the murder of an off-duty police officer, a crime he denied committing right to the end as supporters around the world mourned and declared that an innocent man was put to death.
A woman holds a protest sign outside President Barack Obama's campaign headquarters in Chicago, on September 16, 2011, calling for action to stop the execution of Troy Davis. Defiant to the end, he told relatives of Mark MacPhail that his 1989 slaying was not his fault. "I did not have a gun," he insisted.
"For those about to take my life," he told prison officials, "may God have mercy on your souls. May God bless your souls."
Davis was declared dead at 11:08. The lethal injection began about 15 minutes earlier, after the Supreme Court rejected an 11th-hour request for a stay.
The court did not comment on its order, which came about four hours after it received the request and more than three hours after the planned execution time.
Though Davis' attorneys said seven of nine key witnesses against him disputed all or parts of their testimony, state and federal judges repeatedly ruled against granting him a new trial. As the court losses piled up Wednesday, his offer to take a polygraph test was rejected and the pardons board refused to give him one more hearing.
Davis' supporters staged vigils in the U.S. and Europe, declaring "I am Troy Davis" on signs, T-shirts and the Internet. Some tried increasingly frenzied measures, urging prison workers to stay home and even posting a judge's phone number online, hoping people will press him to put a stop to the lethal injection. President Barack Obama deflected calls for him to get involved.
"They say death row; we say hell no!" protesters shouted outside the Jackson prison where Davis was to be executed. In Washington, a crowd outside the Supreme Court yelled the same chant.
As many as 700 demonstrators gathered outside the prison as a few dozen riot police stood watch, but the crowd thinned as the night wore on and the outcome became clear. The scene turned eerily quiet as word of the high court's decision spread, with demonstrators hugging, crying, praying, holding candles and gathering around Davis' family.
Laura Moye of Amnesty International said the execution would be "the best argument for abolishing the death penalty."
"The state of Georgia is about to demonstrate why government can't be trusted with the power over life and death," she said.
About 10 counterdemonstrators also were outside the prison, showing support for the death penalty and the family of Mark MacPhail, the man Davis was convicted of killing in 1989. MacPhail's son and brother attended the execution.
"He had all the chances in the world," his mother, Anneliese MacPhail, said of Davis in a telephone interview. "It has got to come to an end."
At a Paris rally, many of the roughly 150 demonstrators carried signs emblazoned with Davis' face. "Everyone who looks a little bit at the case knows that there is too much doubt to execute him," Nicolas Krameyer of Amnesty International said at the protest.
Davis' execution has been stopped three times since 2007, but on Wednesday the 42-year-old ran out of legal options.
As his last hours ticked away, an upbeat and prayerful Davis turned down an offer for a special last meal as he met with friends, family and supporters.
"Troy Davis has impacted the world," his sister Martina Correia said at a news conference. "They say, `I am Troy Davis,' in languages he can't speak."
His attorney Stephen Marsh said Davis would have spent part of Wednesday taking a polygraph test if pardons officials had taken his offer seriously.
"He doesn't want to spend three hours away from his family on what could be the last day of his life if it won't make any difference," Marsh said.
Amnesty International says nearly 1 million people have signed a petition on Davis' behalf. His supporters include former President Jimmy Carter, Pope Benedict XVI, a former FBI director, the NAACP, several conservative figures and many celebrities, including hip-hop star Sean "P. Diddy" Combs.
"I'm trying to bring the word to the young people: There is too much doubt," rapper Big Boi, of the Atlanta-based group Outkast, said at a church near the prison.
The U.S. Supreme Court gave Davis an unusual opportunity to prove his innocence in a lower court last year, though the high court itself did not hear the merits of the case.
He was convicted in 1991 of killing MacPhail, who was working as a security guard at the time. MacPhail rushed to the aid of a homeless man who prosecutors said Davis was bashing with a handgun after asking him for a beer. Prosecutors said Davis had a smirk on his face as he shot the officer to death in a Burger King parking lot in Savannah.
No gun was ever found, but prosecutors say shell casings were linked to an earlier shooting for which Davis was convicted.
Witnesses placed Davis at the crime scene and identified him as the shooter, but several of them have recanted their accounts and some jurors have said they've changed their minds about his guilt. Others have claimed a man who was with Davis that night has told people he actually shot the officer.
"Such incredibly flawed eyewitness testimony should never be the basis for an execution," Marsh said. "To execute someone under these circumstances would be unconscionable."
State and federal courts, however, have repeatedly upheld Davis' conviction. One federal judge dismissed the evidence advanced by Davis' lawyers as "largely smoke and mirrors."
"He has had ample time to prove his innocence," said MacPhail's widow, Joan MacPhail-Harris. "And he is not innocent."
The last motion filed by Davis' attorneys in Butts County Court challenged testimony from two witnesses and disputed testimony from the expert who linked the shell casings to the earlier shooting involving Davis. Superior Court Judge Thomas Wilson and the Georgia Supreme Court rejected the appeal, and prosecutors said the filing was just a delay tactic.
The National Association for the Advancement of Colored People, which helped lead the charge to stop the execution, said it considered asking Obama to intervene, even though he cannot grant Davis clemency for a state conviction.
Press secretary Jay Carney issued a statement saying that although Obama "has worked to ensure accuracy and fairness in the criminal justice system," it was not appropriate for him "to weigh in on specific cases like this one, which is a state prosecution."
Dozens of protesters outside the White House called on the president to step in, and about 12 were arrested for disobeying police orders.
Davis was not the only U.S. inmate put to death Wednesday evening. In Texas, white supremacist gang member Lawrence Russell Brewer was put to death for the 1998 dragging death of a black man, James Byrd Jr., one of the most notorious hate crime murders in recent U.S. history.
Davis' best chance may have come last year, in a hearing ordered by the U.S. Supreme Court. It was the first time in 50 years that justices had considered a request to grant a new trial for a death row inmate.
The high court set a tough standard for Davis to exonerate himself, ruling that his attorneys must "clearly establish" Davis' innocence – a higher bar to meet than prosecutors having to prove guilt. After the hearing judge ruled in prosecutors' favor, the justices didn't take up the case.
The execution drew widespread criticism in Europe, where politicians and activists made last-minute pleas for a stay.
Spencer Lawton, the district attorney who secured Davis' conviction in 1991, said he was embarrassed for the judicial system – not because of the execution, but because it took so long to carry out.
"What we have had is a manufactured appearance of doubt which has taken on the quality of legitimate doubt itself. And all of it is exquisitely unfair," said Lawton, who retired as Chatham County's head prosecutor in 2008. "The good news is we live in a civilized society where questions like this are decided based on fact in open and transparent courts of law, and not on street corners."
Associated Press reporters Russ Bynum in Savannah, Kate Brumback and Marina Hutchinson in Jackson, Eric Tucker and Erica Werner in Washington and Sohrab Monemi in Paris contributed to this report.
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93 Comments so far
Show AllOnce again, quisling, fake-liberal OBOMBER does nothing to intervene, this time while the cracker "justice" machine in Georgia puts to death an innocent man. The whole world looks on in horror at the travesty of "justice" in the U$A. What an outrage and sickening spectacle to witness.
Davis was found guilty. He was not "innocent." If you are going to change anything, you must get your facts correct.
Get YOUR facts straight. Being found guilty does not mean that he was guilty.
Truly spoken, and I could not agree more...And odds are that being found "Guilty" more than likely means "Innocent" within this system...
Hmm. Did you see CDers crying when Byrd was dragged to death?
Yes, he was found guilty based on the testimony of witnesses most of whom have since recanted. If that fact doesn't matter to you, I hope you're never in a position to decide the fate of other human beings.
The lack of certainty by some of the witnesses in identifying Davis was a feature of the original trial. The assertion by the original DA that doubt was "manufactured" after the fact is absolutely incorrect. The conviction as well as, shockingly, the death penalty was won in this case despite there being no physical evidence and less than certain witnesses. Davis had poor counsel at his trial, which contributed hugely to his conviction and subsequent sentence. This has been a thorough travesty.
A guilty verdict does NOT consist of testimony alone..The Judge has A great deal of influence on the outcome of A trial. A judge can withhold evidence, overrule/sustain crucial statements by witnesses and generally direct the flow of the proceedings...
The quality of the defence lawyer, meaning just how well moneyed up the accused is has A great deal to do with it...All one has to do is mention the names Johnny Cochran and O.J. Simpson and this becomes quite clear..
Jury selection, especially in small towns can be as corrupt as Wall Street and our Federal Government, and that is pretty damn corrupt...I have been in that situation, I know how that shit works...
In the case of A cop being killed, there is A tremendous amount of emotion and pressure on District Attorneys and Procecuting attorneys to CONVICT..And the fact that Davis was BLACK only added fuel to that "hang em high", good ole boy mentality...
douglashoyt says: "Davis was found guilty. He was NOT "innocent.""
Yes, he was found guilty, but you have no right what so ever in stating he was "NOT innocent"-Up until yesterday only Troy Davis knew that truth, and HE was the only person that had the true right to speak it...Things just are not that "simple" in this life and they are not that simple or JUST in this system...As maritimus49 states below: "Being found guilty does not mean that he was guilty"
You should really put some thought into what you write, because there are too many "officials" in Georgia and our infamous SCOTUS that not only didn't consider the crucial centerpiece of Judgement, which would be: "Beyond A Reasonable Doubt"!!! It had become quite clear that this man did NOT recieve A fair trial from the get-go, because there was plenty of "Reasonable Doubt"!!!...
The decision of that Georgia Review board and the 5 Draconian Supreme Court Justices more than likely facilitated the murder an innocent man last night...
I was stunned that we've gone from 'reasonable doubt' to the SCOTUS' demand of 'proof of innocence'. What a country!
They are two separate concepts that apply before conviction and after conviction. There is NO presumption of innocence for someone found guilty in court. There is not in US law, Common Law or any other. Once found guilty, it is your only hope to prove innocence, not raise a doubt, but to PROVE innocence.
War criminal obomber again shows, that he is spineless !
Will anyone in the mainstream media ask Obama how he can claim to be an agent of hope to Troy Davis?
Obama could not commute the sentence. The case was not in Federal Court. Under Georgia law, only the parole board has power to commute a sentence, not even the governor. The only review above that would be the Supreme Court and they declined.
Also there were 34 witnesses, 7 recanted. Davis himself never claims he wasn't there, only that he did not pull the trigger. However, he was committing a felony when someone was killed and that is enough.
The process, the trial was clearly not fair, but the verdict probably was fair. There are people on death row that are innocent, but I don't believe that Davis was which is a little sad is it saps our case for the truly innocent to expend so much effort on someone that was not.
Of course Oblahblah couldn't commute, but that's somewhat irrelevant: He still has a voice and, as preznit, something of a bully pulpit. But I guess he learned his lesson in the Henry Louis Gates case: Never question the actions of Good White Christian Men.
Yes, Obama could not have reversed that ruling but he certainly could have weighed in on the fate of Troy Davis. But, as expected, Obama refused to take a principled stand regarding Davis as that might disappoint his supporters as they understand that the last thing that he would wish to do would be to go to bat for a man of color on death row. But the family of Troy Davis, one would like to think, now knows that Obama was certainly not an agent of hope for Troy Davis.
Right you are. He could have and should have said something.
I was simply commenting on the practicability of him actually changing the outcome which he could not.
John Shade - your reasonable and informed posts are appreciated, but I cannot follow how you can say the trial was unfair but the verdict probably was fair. The case against Davis was based solely on the eyewitness accounts of nine people (not thirty-four), and a number of these were very weak at the actual trial. Also, what felony was he committing in the first place? Is there evidence beyond the eyewitnesses that has Davis committing the assault against the homeless man? Davis had extremely poor counsel at the original trial, a reflection of his social economic status, which is another serious flaw in the criminal justice system particularly as it relates to capital cases. This is the point which troubled so many, such as Sessions and Barr, who looked into this case and are nominally death-penalty supporters.
Of course Obama was silent. Troy Davis didn't write a big enough campaign contribution cheque...
Ya got to pay to play in DC.
Injustice was swift. Troy Davis was not given a new trial after all the evidence changed. He was not given every chance in the World. R.I.Peace. The fight on Earth is begun and once again Obama's silence speaks volumes.
Obama Silent As US Murders Troy Davis________________________Qui tacet consentit.
Immo dicit sua taciturnitate Volumina.
"Silence is consent"
"Yet his silence speaks volumes"
( - That's about the right translation, yes? - My latin will never again be as good as it was a few incarnations back, when I was Cicero. I've been sceptical of bath-tubs ever since... ;-)
"He has had ample time to prove his innocence," said MacPhail's widow, Joan MacPhail-Harris. "And he is not innocent."
In this country, supposedly, the prosecution is charged with proving guilt beyond a reasonable doubt. The defendant is not required to prove their innocence. Innocent until PROVEN guilty. There is a reasonable doubt as to Davis' guilt.
This is a travesty. There is no justice. All those who could have stopped this and did not are murderers.
Exactly.
>>In this country, supposedly, the prosecution is charged with proving guilt beyond a reasonable doubt. The defendant is not required to prove their innocence. Innocent until PROVEN guilty.
I'm no legal expert, so anyone who is please correct me if I'm wrong, but my understanding is this: Yes, you are correct that the burden of proof of guilt is on the prosecution--in the original trial. However, once the decision of the original trial has been appealed, the burden of proof shifts to the appellant (i.e., the party found guilty in the lower court, in this case, Davis). So, in one sense, MacPhail-Harris is correct: Davis did have to prove his innocence in the appellate courts.
However, as jeffc has pointed out, the Antiterrorism and Effective Death Penalty Act of 1996 restricted Davis's attempts to present new evidence during the appeals process, which itself was curtailed by the AEDPA. So, his ability to prove his innocence was tragically curtailed as well. That is a travesty.
Of course Obummer was silent. In his mind if he had spoken up he might have risked losing support from the asshats who wanted Troy Davis dead. Barry the Liar will suck up to anybody who will help him get re-elected. Just one more example of the complete lack of principle from this awful political turncoat. And yet another example that the world uses to see us as a rogue nation that has no real justice. If Davis had been white this situation would have been different. The prosecutor in Georgia would have been moved by the fact that 7 of the 9 witnesses recanted and the Pope himself called for Davis' life to be spared. A retrial would have been more likely. None of that mattered in this case and Georgia and the racist assholes that dominated in this got their pound of flesh. I wish there was some way to conduct a boycott of that place. Do not travel there and spend money in Georgia and do not buy any products that are made there. There has got to be some kind of accountability for this outrageous murder.
then the USA has the audacity to lecture other countries about human rights.
Indeed, they have to listen to a hypocrite like Hilary Clinton and her nonsense about how all we are doing is trying to bring everyone in the world good ole Amurkin freedom and democracy. I suppose that also means this kind of corn pone "justice" we have just witnessed. Be afraid, all you brown people, be very afraid.
What do you expect from Obama? His drones are out daily to kill "suspects". He has no regard for just trials. Justice for poor Troy Davis is the least of Obama's concerns.
Any one of us could be the next Troy Davis.
.
its universal U DON'T TOUCH A UNIFORM guilty or not someone has to pay.
INNER America (US) is no more no less a reflection of outer America a MIRROR with slightly different DRONES.
Beautiful whistle blowers men & women of conscience are doing time or having a life of persecution outside, for telling the truth, while bush, cheney, ramsfield, blair, howard & troys executioners, are writing autobiographies no questions asked.
Its never one man its the system, BP or any other company has the authority to put pressure on a government of third world country who's fauna & flora was damaged through drilling & exploitation & force it to drop its legal case or else it'll ignore the totality of its verdict & justice system.
@GITMO THERE ARE NO LAWS,
ITS THE DRONES OF THE MIND.
WAKING UP IS PAINFUL,BUT VIE-TELL.
An other world is possible.
this computer is monitored a slightly different PRISON.
No terror no torture just truth.
this event was two things: 1, based on the statements of mcphail's family, was revenge. the second, on the part of the state, since mcphail was a policeman, was similar to nazi execution of hostages during the second world war.
BO silent! Deflecting calls for him to get involved! Bo has approved the murder of thousands of innocent Iraqi's and Afghan's . So what is this execution of a black man in the South to him? He sold out America and his own people a long time ago.
I think this quote from Chris Hedges about the Reverend Wright also applies to Roy Davis: " Barack Obama's politically expedient decision to betray and abandon his pastor, ( and Roy Davis) the Rev. Jeremiah Wright exposed his cowardice and moral bankruptcy. In that moment, playing the part of Judas he surrendered the last shreds of integrity. He became nothing more than a pawn of power, or as Cornel West says, " a black mascot for Wall Street ".
This isn't good.
UNSPEAKABLE.
The hardest of thumbs in the eye.
What will we do about it?
This case is a perfect example of why the state must not be allowed to take a human life. Our justice system is flawed, human beings are imperfect, and the state of Georgia is still living in the Middle Ages. Ghastly and disgusting.
"The state of Georgia is about to demonstrate why government can't be trusted with the power over life and death,"
And this is precisely why I am an anarchist. In fact, not only can the government not be trusted with the power over life and death, corporate pigs, LEOs and other arms of the same statist apparatus cannot be trusted either. No human being can be trusted with the power to harm. So, the power to cause harm needs to be as diffused as possible, otherwise, we're all fooked.
Edited for content. BA out.
Amen, BA!
This truly is an Obama nation.
I hate this fucking country.
>>As for the MacPhails, they seem to be the lowest of the low, it's not a surprise that their bad aura attracted the first tragedy, and now this.
Whoa--what are you saying, Phantom_? Is that "first tragedy" you're referring to the murder of Mark MacPhail--and it was the family's "bad aura" that caused it? You can't be serious? Isn't that "blaming the victim?"
MacPhail intervened to stop an assault on a homeless man, and somebody killed him, whether it was Davis or Redd Coles or some other perpetrator who has escaped justice. The behavior of the MacPhail family now might not be laudatory, but not only is it irresponsible to suggest that Mark MacPhail's death in 1989 stemmed from the behavior exhibited by the family now, it seems to be an example of that behavior you criticize.
So the family that shields their eyes to a grave injustice carried out in their name is above criticism? Want be a cheerleader for death? Don't bitch if you get booed.
Phantom, your logic of the "Law of Attraction" is fatally flawed and sournds like that new-agey "the Secret" nonsense and such. By your logic, Troy attracted just what he got as well. And so did my loving, open, giving, friend who died of cancer at a young age.
No offense, but law of attraction my ass!
I agree. That statement was beyond idiotic. To speculate on the status of the Mcphail family's karmic "aura" is really below contempt. It's an unhinged thing to say. Follow that nonsensical circular "logic" a little farther ... and the Davis family must be a bunch of karmic slugs cuz they're victims of a tragedy now too ... and that's obvious proof of their tainted "aura".
What a bunch of worthless sky fairy nonsense.
And you're right to say that the actions of the Mcphail family might not be laudatory ... but maybe that's understandable. I doubt I would respond with grace if someone murdered a member of my family. Imagine the magnitude of damage that would do to a person ... to a family. It's painful to even try to comprehend. I empathaize with their rage, as misplaced as it is.
And now because of our medieval "justice" system the Davis family have become murder victims too. The State would probably have murdered Troy Davis regardless of what the Mcphail family wished ... look no further than the case of Mark Stroman the "Arab Slayer" who was forgiven by one of his victims, Rais Bhuiyan, whom Stroman had shot in the face and left for dead. Bhuiyan asked the state of Texas for clemency for Stroman ... but Texas executed Stroman anyway.
let's not restrict outrage to that portion of the criminal injustice system that condemns human beings, guilty or not, to death. the entire system is a travesty. especially when it comes to dealing with real criminals (the rich and powerful foremost among them).
case in point: there is virtually no doubt concerning the circumstances surrounding the mass murder of innocents by presidents and their minions - past and present. and yet, they have only their guilty conscience to deal with - if that.
Sociopaths have no conscience...
It never stops...It just goes on and on and on..What has America become..What A FUCKEN SHAME!!!!!
Perhaps we should all email that judge again, only this time, ask her how she feels now that she killed a man and of course ask her how she's sleeping.
She's guilty of what Davis is said to have done - killed a man. Only her murder isn't unsure like his is.