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Saving Troy Davis
In late May, I went to Georgia, where I met with Troy Anthony Davis on Death Row. He has been there for eighteen years, and I wanted to speak with him. I came away convinced that he represents the most compelling case of innocence in decades.
This week, the Supreme Court agreed to decide whether to hear the request for a writ of habeas corpus in Davis's case in September hopefully signaling a more careful review of his motion. The reality, though, is that the last time the Justices granted such a motion was 1925 and should the Supreme Court decline the request, the countdown to Davis's execution will begin. It is even more imperative that the Chatham County District Attorney, Larry Chisolm, act now to do the right thing, and move to reopen the case.The case must be reopened for several reasons: Davis's conviction was based on the word of eyewitnesses. However, since 2001, seven of the nine witnesses recanted or contradicted their original testimony. Several said they were coerced by the police. No physical evidence was ever produced that tied Davis to the murder of Mark Allen MacPhail, a white off-duty Savannah police officer who was killed as he tried to break up a street fight. The gun used in the shooting was never found.
Second, there is abundant evidence supporting Davis's likely innocence but it has not been aired in court. Our legal system does not allow defendants the opportunity to present new evidence of their innocence after conviction. This intransigence on legal procedural matters is unconscionable when a life is on the line.
The new evidence of his innocence means Davis deserves another day in court, not execution: The prospect that an innocent man might be put to death based on faulty witness testimony, and because the court won't agree to hear evidence of his innocence, represents a tragedy of epic proportions. A wrongful execution cannot be rectified.
More than thirty years' worth of social science and criminal justice research shows that eyewitness testimonies are notoriously unreliable, according to The Innocence Project. Since 1973, a total of 133 men and women have been exonerated or had their death sentences commuted based on post-conviction findings that demonstrated their likely innocence, according to the Death Penalty Information Center.
Adding to the sense of urgency around the Davis case, too, is the long, sour history of wrongly-accused black men receiving "rough justice" in the Deep South. Davis was convicted in Chatham County, a place where genteel traditions and picturesque antebellum mansions mask the harsher truths about the history of slavery, racism, and the Jim Crow era that is still imprinted on the region. Chatham County is home to about 250,000 of Georgia's 9.7 million residents but it has produced 40 percent of all death row exonerations in the state.
The department of corrections in Georgia has blocked television media from visiting Davis. But when I met with him on May 29, I was overwhelmed by his quiet confidence, and by the high regard with which he is held by inmates and personnel alike.
It is evident that Davis's jailers--prison guards whose faces are usually stony or a blank slate of indifference--are moved by his plight. While we talked, I saw guards who clearly had come to believe as I do--that Troy Davis has spent nearly half his life on Death Row for a crime he did not commit. Outside, as I crossed the parking-lot under a merciless sun, I chatted with a woman who said she knew of a former guard who quit his duty at that facility, rather than have to take part in marching Troy Davis to the death chamber. I share that man's sense of outrage. I've also met with Davis's sister, Marita, and her son. He is nearing adulthood, and has only known his uncle as a Death Row inmate. But Davis, a former athletic coach, has nonetheless been an effective, compassionate mentor to his only nephew.
Yet it is not only the many details of Davis's humanity that has led to a groundswell of grassroots support for a campaign to reopen the case: It is the undeniable fact that, as a nation of laws, we have an obligation to reconsider death penalty convictions when new evidence of innocence is revealed.
This is why a "strange bedfellows" group of individuals have been drawn together to fight for the reopening of his case, including former FBI Director William Sessions, Pope Benedict XVI; former Libertarian Party presidential candidate Bob Barr, and Archbishop Desmond Tutu. Sessions, in fact, has been quite fired up about the need for reforms in a court and criminal justice system that refuses to re-examine a death penalty case despite new evidence that may prove a defendant's innocence.
"Only a full hearing, with all witnesses subject to rigorous cross-examination and a full exploration of the circumstances of their testimony, will provide a means to determine the reliability of the conviction," Sessions wrote in an Atlanta Journal-Constitution op-ed last year. "This never happened at [Troy Davis] trial. It must happen now."
The idea that any American might be sentenced to death without being allowed a full airing of all the evidence is an outrage, and represents a blatant flouting of our nation's founding principles. The NAACP has joined with Sessions, former president Jimmy Carter; Amnesty International, and a coalition of other human and civil rights groups to raise awareness of not only just the Troy Davis case, but of the urgent need to push for reforms to the criminal justice system. At www.iamtroy.com, information is available showing why innocence matters, and how all Americans can become a part of the movement to find solutions.
I believe that Troy Davis is innocent--and that the family of the slain Savannah police officer, Mark MacPhail, deserve to see the real killer brought to justice. These two things are not mutually exclusive, and our Constitution should be strong enough to ensure that both parts of that equation are realized.
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4 Comments so far
Show AllQuotes from witness affidavits recanting their testimony:
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.
Oh my God! I do hope and pray that he gets a fair trial and is set free.
The problem is that this all came out after his conviction. Even a couple jurors from that conviction have stated that they think he should get a new trial. But, because of Newt Gingrich-era federal laws limiting appeals in death penalty cases, he cannot appeal.
we live in a democracy? we are blessed before all other
nations? america is special? it appears that in order
to be a judge or prosecutor in america you first had
to take a short bus to high school college and law
school.what sort of justice is served in deliverance
america.get the banjo's out for goober and jethro
and billy bob joe too. newt gingrich in charge of
morality? the same clown who served his wife with
divorce papers as she lay in a hospital bed recovering
from cancer? the same goober who while cheating on that
wife was having sex in his car in the capital building
parking lot? what a sport! where's jerry falwell when
you need him? we have a wonderful spirit in the great
ol' u s of a unfortunately its mean spirited and foul.