
Troy Davis-- scheduled to die September 23rd, 2008.
Troy Davis is scheduled to be executed on September 23rd. In early July, he was granted a temporary stay of execution in order to allow for the Board of Pardons and Paroles to consider potentially exculpatory evidence. The Board ruled on September 12th that the execution should go forward, declining to comment on the wealth of evidence suggesting Davis' innocence. I hope you'll consider the story below, as well as the various links posted by other bloggers, while there is still time to act. Ultimately, the question of Davis' guilt or innocence does not need to be adjudicated either here or today. What needs to be immediately recognized, however, is that there is sufficient question as to Davis' guilt as to make the fulfillment of his death sentence a miscarriage of justice. Should he be guilty, life in prison is punishment enough. However, should he actually prove to be innocent, as the evidence suggests... no power of the State can reverse a fulfilled death sentence. Innocent men cannot be resurrected.
Reposted below is my original story on Davis from July of 2007. Some links contained therein may no longer be valid.
Troy Davis was sentenced to death in 1991 for the fatal shooting of Savannah police Officer Mark Allen MacPhail outside a Greyhound bus station. MacPhail, who was shot before he could draw his gun, was responding to reports of a man being pistol-whipped.
Davis' appeals have been unsuccessful. His original state habeas corpus petition was handled by attorneys from an underfunded defender organization that lacked the finances to investigate his case. Davis' appeal has been hampered by the federal Antiterrorism and Effective Death Penalty Act of 1996, passed to streamline what critics regarded as endless appeals of death sentences. His subsequent petition was denied on the grounds that new evidence he wished to enter into the case was "procedurally defaulted," meaning it should have been raised earlier.
But what is this evidence upon which hinges the contention that Georgia is about to execute an innocent man? Seven of the nine prosecution witnesses who implicated Davis or named him as the killer have since renounced much of the testimony used to convict him. This is important, given that Davis never tested positive for gunpowder residue and that no weapon was ever found. The prosecution's case rested almost entirely upon the testimony of these witnesses. Additionally, many of the seven witnesses now recanting their testimony are claiming that they were either coerced in their testimony or led by police. Sadly, many of the recantations didn't occur until after Davis' state appeals had been exhausted, and on this basis, the Georgia courts refuse to consider the issue.
Of nine witnesses, seven recanted. Of the two remaining witnesses, one is Sylvester "Red" Coles, the man who originally implicated Davis. Coles has uttered several post trial confessions to the murder, and admitted to having a gun during the incident, which he "threw away" prior to speaking with the police. Nine witnesses now identify Red Coles as MacPhail's killer.
Barring clemency granted by the Board of Pardons and Paroles, the state Department of Corrections is planning to carry out the sentence of death by lethal injection at its prison in Jackson at 7 p.m. on July 17.
Georgia continues to ignore a report sponsored by the American Bar Association and compiled by experts from Georgia's legal community which recommends Georgia impose a moratorium on executions because the state can not ensure fairness and accuracy in every capital case. Among other things, it cited racial disparity in capital sentencing, with those convicted of killing whites 4.5 times more likely to be sentenced to death as those convicted of killing blacks.
In this case, the officer killed was white; Davis is black.
As Jason Ewart, Davis' attorney, notes, ""The execution of an innocent man is not unconstitutional, so we face an uphill battle."
"The execution of an innocent man is not unconstitutional, so we face an uphill battle."
Not unconstitutional? Isn't that just called murder?
I read something that said about 50 percent of the executions in Texas were innocent people i forgot what year it was but.
Wtf.
WTF? Wouldn't executing an innocent person fit the definition of "cruel and unusual punishment" in the 8th Amendment?
- J
If this was done in Afghanistan, protests would be done to stop it. but a black broke man in america he doesn't get any respect.
Wouldn't executing an innocent person fit the definition of "cruel and unusual punishment" in the 8th Amendment?
No, it would be murder. The 8th amendment would only apply if the person was guilty.
Actually--according to the Supreme Court--its perfectly legal, remember the Judge and the prosecuting attorney have immunity. It is all legal in the interest of public safety.
In a nutshell--the highest court has ruled--@!$%# happens.
It continues to amaze me that Americans are willing to accept the execution of a possibly/probably innocent man to maintain the fiction that "the system" is fool-proof and the egotistical presumption that no one ever makes mistakes. There is a huge moral question at issue here, and we Americans seem to like to make a big song and dance about moral questions, so where is the outrage?
Yes Pattie, that is a big problem with Americans. Not many know how it feels to be accused, convicted and then have to serve a sentence for something they didn't do. There are so many loop holes and too much room for interpretation that most innocent people can't/don't get a fair trail. In this particular situation, its disgusting that all of this evidence has come out, at least raising some doubt, and this man is still going to be executed. Its even more disturbing that we aren't doing anything to help this man.
I'm doing my best to stop it. Am trying to get some people IN Georgia together to do what we can't. As citizens they have so much more power, but we can back them up!
Check "Silencing Our Joy" on Vas' site. There is also a site that was set up the weekend that he was originally set to be executed. On it you will find a LOT of info. If you want to help, we'd welcome you all on board.
If you would like more info, go to my page and send me an e-mail through contact author. Friend up if you'd like. We need more of "Troy's Troops!" There's plenty to do and the more the more we can accomplish!
Worst part about all of this is that they are pretty sure that they know who really did it too!
Rhiannon1774 is referring to these articles:
Silencing our Joy - A letter from Troy Davis's Sister
Thanks Vas!! I just looked up all that the SCOTUS do when they 'Confrence' on Fridays. Will be posting it all once I have it organized.
Word of advice though, we REALLY need to get the MSM alerted as to what 'might' be about to happen tomorrow. Things could start to move fast pretty quickly then.
Here you go!! JUST got done!! It's 11:18 pm here and I've been slogging through this ALL day. But I now have the info on the writ and what and when we will know. IF they decide today/tomorrow. (Depending on when you read this!) Sorry it's so long, but I got ALL the details. Thought everyone else should know them too!
Rhiannon.
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Writs of Certiorari
Parties who are not satisfied with the decision of a lower court must petition the U.S. Supreme Court to hear their case. The primary means to petition the court for review is to ask it to grant a writ of certiorari. This is a request that the Supreme Court order a lower court to send up the record of the case for review. The Court usually is not under any obligation to hear these cases, and it usually only does so if the case could have national significance, might harmonize conflicting decisions in the federal Circuit courts, and/or could have precedential value. In fact, the Court accepts between 100-150 of the more than 7,000 cases that it is asked to review each year. Typically, the Court hears cases that have been decided in either an appropriate U.S. Court of Appeals or the highest Court in a given state (if the state court decided a Constitutional issue).
The Supreme Court has its own set of rules. According to these rules, four of the nine Justices must vote to accept a case. Five of the nine Justices must vote in order to grant a stay, e.g., a stay of execution in a death penalty case. Under certain instances, one Justice may grant a stay pending review by the entire Court.
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Conference
When oral arguments are concluded, the Justices have to decide the case. They do so at what is known as the Justices' Conference. Two Conferences are held per week when Court is in session, on Wednesday and Friday afternoons. The Justices vote on cases heard on Mondays and Tuesdays of a given week at their Wednesday afternoon Conference. The Justices vote on cases heard on Wednesday at their Friday afternoon Conference. When Court is not in session, usually only a Friday Conference is held.
Before going into the Conference, the Justices frequently discuss the relevant cases with their law clerks, seeking to get different perspectives on the case. At the end of these sessions, sometimes the Justices have a fairly good idea of how they will vote in the case; other times, they are still noncommittal.
According to Supreme Court protocol, only the Justices are allowed in the Conference room at this time—no police, law clerks, secretaries, etc. The Chief Justice calls the session to order and, as a sign of the collegial nature of the institution, all the Justices shake hands. The first order of business, typically, is to discuss the week's petitions for certiorari, i.e., deciding which cases to accept or reject.
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Writs are granted only for compelling reasons. The reason I found that would be the most likely to apply to Troy's case is reason © Which says:
"A state court or a United States court of appeals has decided an important question of federal law that has not been, but should be, settled by this Court, or has decided an important federal question in a way that conflicts with relevant decisions of this Court.
These writs are only granted upon a showing that the case is of such imperative public importance as to justify deviation from normal appellate practice. For immediate determination in the SCOTUS.
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Once the decision has been determined, the decision is published, or reported to the interested parties that day.
If they decide tomorrow, for those, like me, STILL up, today for the rest of you. We will know right away.
We have got to get the MSM on high alert about this. It will all come down to what they decide tomorrow and how quickly his team responds depending.
What we need to know is: What do WE do once we know the result?
Sorry it took so long to compile all of this. The site is hard to navigate. I've also had some other issues come up apart from this that I HAD to take care of. (And I'm far from done there either!)
So, who is to be contacted to have a voice in this?
Contact the Governor @ comment # 8.11
amnestyusa.org has a link that should prove useful.
This story is nothing new. What do you think would have happened to all the people released from death row, if DNA had not proved their innocence? They would have been murdered just as this man is about to have done to him. All this moral stuff is just that, so much stuff. What is justice? Is it procedure, IS PROCEDURE MORE IMPORTANT THEN THE TAKING OF INNOCENT LIVES? or is it when we find a person that's innocent, justice demand they are set free?
iarnuocon, the "Seven of the nine prosecution witnesses" link seems to be broken.
Some parts of this country are far more backwards than others. Georgia is also the state that stubbornly refused to release Genarlow Wilson even though common sense, humanity and justice required otherwise. It took a nation-wide outcry for Georgia to free Wilson, after nearly three years in prison for a blowjob.
The real blame doesn't go to the government, but to the people. If the people of Georgia truly valued life and justice, and if they weren't so apathetic if not downright racist, this wouldn't be happening. All it takes to correct this is an outcry from Georgia's citizenry. But what we get is mostly silence. Again.
So Georgia, how pro-life are you?
I try to lead by example...let's all try this...with link at bottom of post.And I know this is the 2nd post..but this is man's life we are writing about.!!
My letter to Gov.Sonny Perdue...
Troy Davis is set to be executed 9/23/08. And there is a disturbing question as to his Guilt.
Many facts and recantations from the witnesses are pointing to his innocence.7 out of 9 witnesses are recanting their testimony.
I know that an innocent man will be executed on 9/23/08 unless through your position of power you are able to stop it.By exercising your wisdom to ascertain the mercy that your office may impose on this man,justice may be meted out for all."Of nine witnesses, seven recanted. Of the two remaining witnesses, one is Sylvester "Red" Coles, the man who originally implicated Davis. Coles has uttered several post trial confessions to the murder, and admitted to having a gun during the incident, which he "threw away" prior to speaking with the police. Nine witnesses now identify Red Coles as MacPhail's killer."
http://www.savannahnow.com/node/321990 (Lawyers seek new trial for Troy Davis).
Please Sir, heed my plea for your intervention.
Sincerely, Teodoro Leon III.Blessed be God the Merciful, Forever.
Thank you for contacting us.
Governor Perdue has received your e-mail and appreciates hearing from you.
Unless you elected not to hear back from him, you will receive a direct response from Governor Perdue shortly. With the very high volume of messages and mail, we hope you will understand if there is a delay in responding. If this is an urgent or time-sensitive matter, please call us directly at
Contact the Governor<----click here
I'd really encourage people to undertake a reading on Albert Camus' "Reflections on the Guillotine" written 50 years ago on the ethics (or lack thereof) in state sponsored killing. He was against it and exposes the flaws in the argument for it. I read it 25 years ago and it solidified my thoughts on the barbarism of it and the general weakness of societies that practice it; I haven't heard any argument that has caused me to be less against the death penalty. At this level, it doesn't matter to me whether someone is guilty or not. I don't want to be aparty to an other's murder as a US citizen which I am every time someone is executed.
If this article is accurate, Georgia's appeals process is terribly flawed. How can an innocent man be executed on the grounds that his "state appeals had been exhausted?" A correction needs made before the scheduled September 23rd execution date.
I strongly support holding criminals accountable, but they all deserve a fair trial and appeals. Personally, I oppose capital punishment. Cases like this are only one of the reasons.
Yeah, I would suppose any limits on his appeals would be unconstitutional. What about the First Fourth, and Fifth Amendments for starters?
From http://www.law.cornell.edu/constitution/constitution.billofrights.html:
Amendment I
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the government for a redress of grievances.
Amendment IV
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Amendment V
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
It's up to all of us to make sure Troy gets his constitutional rights. He hasn't lost the right yet, he hasn't been executed yet, and it won't happen if enough Americans make sure this doesn't slip through the cracks before it is too late.
Yes, there is a dereliction of duty on the part of many officials in Georgia. But we citizens have a duty too. Let's do it.
I don't live in Georgia, but my understanding is that the Atlanta Journal-Constitution has covered the case with at least one article similar to this Newsvine article (I just saw it on their website). Amnesty International and others have been involved, too.
If capital punishment is eliminated, we won't experience any more cases like this. Of course, if most of us obey the law and we work to report and rehabilitate those guilty of minor crimes before they progress to major ones, we won't have serious crimes anyway. It's easier to write it than to attain it, though!
The Atlanta Journal-Constitution articles I've seen (seeded one so far) do not convey the innocence of Troy Davis. The paper promotes using a racist standpoint in that the fact that one's 4.5 times more likely to receive a death sentence for murdering a white man than a black man in Georgia for one. In a recent article in my Newsvine column, I cite an article by Charles R. Lawrence III regarding unconscious racism by the government. Lawrence's article claims people in government can't tell they're racist and that now there's moral condemnation of it. He proposes a test by symbolism of racism in a policy, something demonstrated by the large discrepancy in death sentences by race in Georgia and by the fact Mr. Davis, a black man with a death warrant set for Tuesday, is probably innocent of the murder for which he was convicted.
Thanks Vincent!
I don't remember which Atlanta Journal-Constitution article I saw online. But, it may have been one from September 12 mentioning Davis being denied clemency.
That one's article contents basically state the same indications of innocence as this Newsvine posting. However, the article's headline merely states "Convicted cop killer denied clemency."
I do not know what type of coverage that paper or other media have had over the years of the process.
Yes, the article titles looked something like that, calling him a "convicted cop killer." The federal courts should get more involved now.
My letter to Gov.Sonny Perdue...
Troy Davis is set to be executed 9/23/08. And there is a disturbing question as to his Guilt.
Many facts and recantations from the witnesses are pointing to his innocence.7 out of 9 witnesses are recanting their testimony.
I know that an innocent man will be executed on 9/23/08 unless through your position of power you are able to stop it.By exercising your wisdom to ascertain the mercy that your office may impose on this man,justice may be meted out for all."Of nine witnesses, seven recanted. Of the two remaining witnesses, one is Sylvester "Red" Coles, the man who originally implicated Davis. Coles has uttered several post trial confessions to the murder, and admitted to having a gun during the incident, which he "threw away" prior to speaking with the police. Nine witnesses now identify Red Coles as MacPhail's killer."
http://www.savannahnow.com/node/321990 (Lawyers seek new trial for Troy Davis).
Please Sir, heed my plea for your intervention.
Sincerely, Teodoro Leon III.Blessed be God the Merciful, Forever.
Thank you for contacting us.
Governor Perdue has received your e-mail and appreciates hearing from you.
Unless you elected not to hear back from him, you will receive a direct response from Governor Perdue shortly. With the very high volume of messages and mail, we hope you will understand if there is a delay in responding. If this is an urgent or time-sensitive matter, please call us directly at
Contact the Governor<----click here
In addition to having just now changed my av, headline, and clipping this article to my column, I will not be seeding/clipping/writing any NV content there until further notice. The latter is to (hopefully) keep Mr. Davis' plight in the public consciousness without it getting unduly buried. These will be the first things seen on my column, and for damned good reason. I urge others to follow suit, if possible. Namaste'
I changed my picture too.
Nice!
Think about writing an article and publishing it tomorrow. It doesn't have to directly talk about Troy -- be any related subject such as your thoughts on the death penalty, racism, criminal injustice, Georgia's history with respect to white-versus-black justice. etc.
I suck as a writer but I'll put something of reasonable quality up.
My avatar is Troy Davis too.
I've changed mine too! I guess the "good folks" in Georgia as well as ALL of their elected public servant's have either never heard of or choose to ignore that sage wisdom that has become a mantra with regards to the application of the Death Penalty:
"It is better that 10 guilty men go free than 1 innocent man be put to death."
Perhaps we should all do as I have and will be doing at least twice daily till this is resolved, one way and hopefully NOT the other:
Call your states Senators AND your District's Representatives. Also, call both of Georgia's Senators and EVERY Representative for their state. I will log back later and provide all of their state and D.C phone #'s.
They need to understand that, while we will have done all we can no matter the outcome, should they sit idyll by and do nothing, his blood will be forever stained on their hands.
We MUST make all the noise we can! Call your local and the national news organizations too. And keep calling. "The squeaky wheel gets the grease" as they say. Let's all make that squeak deafening.
As promised, here are ALL the #'s of those who represent Georgia:
Sen. Saxby Chambliss
D.C. #: (202) 224-3521 / (202) 224-0103
Atlanta: (770) 661-0999
Sen. Johnny Isakson
D.C. #: (202) 224-3643 / (202) 228-0724
Atlanta: (770) 661-0999
I have the list of ALL the Reps. For Georgia too: Kingston, Jack, Georgia, 1st Phone: (202) 225-5831
Bishop Jr., Sanford D., Georgia, 2nd
Phone: (202) 225-3631
Westmoreland, Lynn A., Georgia, 3rd
Phone: (202) 225-5901
Johnson, Henry C. "Hank" Jr., Georgia, 4th
Phone: (202) 225-1605
Lewis, John, Georgia, 5th
Phone: (202) 225-3801
Price, Tom, Georgia, 6th
Phone: (202) 225-4501
Linder, John, Georgia, 7th
Phone: (202) 225-4272
Marshall, Jim, Georgia, 8th
Phone: (202) 225-6531
Deal, Nathan, Georgia, 9th
Phone: (202) 225-5211
Broun, Paul C., Georgia, 10th
Phone: (202) 225-4101
Gingrey, Phil, Georgia, 11th
Phone: (202) 225-2931
Barrow, John, Georgia, 12th
Phone: (202) 225-2823
Scott, David, Georgia, 13th Phone:
(202) 225-2939
Thanks Rhiannon!
It was my pleasure! I just hope that it helps.
Now we all gotta use them and REALLY MAKE SOME NOISE!!! We can't let up, no matter what. We, the PEOPLE, have the power. NOW IS THE TIME TO USE IT!! And to remind them of WHO they work for!!!
CALL!! Call often! Do not stop!!! Call everyone on this list and call them as many times as you can!! I've got them on a rotating list! I call each one at least 5 times each day!
The news organizations too! AND my own State Senators and District Representative too! I'm looking up the #'s for the individual members of the Board of Pardons and Parole. Should have them compiled and listed later today.
We need to fill their message boxes and tie up their lines for as long as we can. If this ends badly, we need to make sure that these people know that we STILL aren't going away!! No matter what, we need to hold all of those who can do something accountable, regardless of the outcome.
I motivated! Let's remind these people that they will be held responsible for their decisions and the light is going to shine on them so that the whole country sees them for WHO and WHAT they are!!!
*Keep the faith Troy! We're doing all we possibly can. My thoughts are with you and yours.*
I found the # to get through to the Board of Pardons and Parole. I found it on a site that related a story that is eerily similar but the outcome was disheartening!
Read it here: http://socialistworker.org/2008/09/19/we-cant-repeat-history.
Here is the # for the Head of the Board. I suggest we all make continuous use of it as well as the others I've provided!
To call on the Georgia Board of Pardons and Paroles to reconsider its clemency decision, telephone board chair Gale Buckner at 404-657-9350, or fax her at 404-651-6670. You can also send the board an e-mail.
Here is the # for the Attorney General too! Call Georgia Attorney General Thurbert E. Baker at 404-656-3300, or fax him at 404-657-8733.
Let's light them up!!!
Alright, I just published We are all Troy Anthony Davis.. All of you who support this cause and have changed your avatars, please chime in here.
OK OK, I'm clipping to my column. Hope it helps.
I hope these numbers help.
I have the State #'s too, but Congress is in so does anyone want the State #'s as well? I'll post them if they are needed.
RALLY at the US Supreme Court to demand justice for Troy Davis on Monday, Sept. 23rd 12pm - One First St, NE Washington DC
Sponsored by the DC Chapter of the Campaign to End the Death Penalty.
PLEASE SPREAD THE WORD!
Rally at the US Supreme Court Justice for Troy Davis
Monday, September 22nd at 12 noon
One First St, NE Washington DC
Sponsored by the DC Chapter of the Campaign to End the Death Penalty
PLEASE SPREAD THE WORD!
Also continue to call the GA Parole Board number: 404-651-6671 on Monday and Tuesday!
Sent an email to the Governor's office.
Thank you iarnuocon for being the one here who initiated this saving of an innocent life...9/17. Your article brought this to light and if it wasn't for it I wouldn't have even noticed and I'm sure Troy Davis would be dead. Accept my honor that I give to you! It was you! Sincerely ,Teodoro Leon III.
We did it... :)!!
Hear ,hear! case closed LOL.But not for Troy just yet! Keep working!
Here I would like to give credit where credit is due...though everyone has done what had to be done...IARNUOCON's just a little to modest and gracious to take any credit(He's been trying to bring Troy justice for awhile now)...
Board of Pardons Stays Davis Execution 7/16
Restart: The Death Penalty-- Why Antonin Scalia Should Be Forced to Sit on Death Row
In January of this year, I wrote this article, spurred in part by what I perceived to be tragic injustice in the handling of the case of Troy Davis, sentenced to die for a crime of which there exists considerable doubt that he committed. To paraphrase Ron White, of all people, while the public dithers about the "necessity" or ethical issues surrounding the death penalty, the government has been building express lanes
And then see how Royal,Dignified and Gracious he selflessly acts by placing the nomination for VAS for a RAV(RANDOM ACT OF VINENESS) by MISSBEV on his column comments... Nomination for RAV: Vas
I'll second that nomination. As others have said, vas is the one who has put in the hard work on this issue, organizing, finding contact info, and so on. When I first wrote about Troy Davis, a little over a year ago, I had hoped that my words would in some small part spur others to do the work that I felt I was ill-equipped for.
It is no exaggeration to say that vas stepped into that void and did that work. It's my hope that he will be recognized in some small way for it. For my part, I wish publicly to say "thank you, vas."
Iarnuocon,
I first saw this on your site. I don't know if you've kept up with the other site closely, but I followed this story from you over to the other one.
I spent over 3 days researching and posting info and making phone calls. There is STILL much to do and your comments in that regard are spot on.
I just wanted to thank YOU personally, for not letting this story die, as Troy most certainly would have had you not kept your eye on what was happening.
THANK YOU! You got some of us to focus on this and YOU instigated what became one of, if not THE, biggest movement I have ever been a part of.
You are an amazing person. Thank you.
I second that emotion.
Save this mans life and then go after the ignorance that Allowed to get this far.
BREAKING BAD NEWS: Supreme Court denies Troy Anthony Davis
Associated Press writer Greg Bluestein has reported this morning that the Supreme Court will allow Davis's execution to proceed, refusing "to give his appeal a full-blown hearing."
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