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Davis's case has become an emblem for much of what is problematic about a capital punishment system that is riddled with racism, economic disparity and error.
Our Racist Justice System: How Troy Davis Has Spent 20 Years on Death Row, With Little Evidence Against Him | | AlterNet
Seeded on Sun Jun 5, 2011 6:24 AM EDT
Article Source: AlterNet.org
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There was no physical evidence, so DNA testing could not assist Davis. Four witnesses took the stand to recant their 1991 testimony against Davis. Though their original testimony had been determined credible enough to place Davis on death row, the state now vehemently attacked the witnesses’ credibility. New testimony from witnesses who stated that they saw Coles pull the trigger, or that Coles confessed to them, was treated as hearsay. Presiding Judge William Moore determined that Davis did not meet the extremely high standard of “clearly establishing innocence,” though even Moore admitted in his ruling that the hearing did cast some additional doubt as to Davis’s guilt and that the case was “not ironclad.” Davis’s conviction, and death sentence, remain.
On March 28, 2011, the Supreme Court denied Davis’s final appeal, clearing the way for the state of Georgia to set a fourth execution date in as many years.
- 2 votes
#1 - Sun Jun 5, 2011 6:24 AM EDTOn March 28, 2011, the Supreme Court denied Davis’s final appeal,
Well that ends that!
#2 - Sun Jun 5, 2011 7:58 AM EDTI've had Troy as my avatar for almost 3 years now. I pledged not to change it till he was granted a fair trial or till he is killed by the state of Ga.
- 1 vote
#3 - Sun Jun 5, 2011 8:37 AM EDTThe day after the murder, a man named Sylvester “Red” Coles told the police that Troy Davis was the shooter.
The police initially strongly suspected the Coles man as the shooter. In fact during one of the appeal trials they tried to locate him but he could not be found.
Of the other 'witnesses' against him all have recanted their testimony and said they were coerced by the police except for one, and that one has died.
- 2 votes
I know he'd still have the conviction against him, but couldn't he get a pardon?
Maybe later he'd be able to prove his innocence, but at least he'd be alive in the mean time.
- 2 votes
#4 - Sun Jun 5, 2011 8:50 AM EDTYes he could get a pardon, Abby, but I doubt if President Obama would grant him one until the end of his second term.
- 2 votes
20 years to prove your innocent? Seems like enough time to me, sorry!
SCOTUS refused the appeal!
#5 - Sun Jun 5, 2011 9:32 AM EDT
The state hasn't really proved him guilty. Asking him to prove innocence after 20 years in prison is ridiculous.
Did you even read the article?
1. there were 9 witnesses against him
2. there was NO physical or DNA evidence against him
3. The main witness against him was, in fact, the main suspect before he threw troy to the dogs AND the police have an eyewitness testimony that Coles did the shooting.
4. All the witnesses except 1 recanted their testimony and said the police coerced them into testifying against Davis.
5. 1 of the witnesses is now dead.
6. during a retrial police attempted to locate coles and failed. He's still at large.
In short, the state has no case, Davis is being denied a fair trail due to technicalities in Ga. law regarding times for retrial and NOT because there isn't plenty of doubt about his guilt.
Read the article before you post.
- 6 votes
Excuse me?
The state hasn't really proved him guilty.
Not only was he proved guilty in a court of law but he was sentenced to death by a jury! And the SCOTUS refused to hear his appeal..
Read the article before you post.
Not only did I read the article but being I live in Ga... I know of the case!
yeah, and all the witnesses, which is all the state had, have recanted. Did you read that part?
Did you read the part where the police have a statement, an uncoerced statement, from an eyewitness that Coles did the shooting.
Once again, there was NO physical evidence and NO DNA.
As for the scotus, they didn't refuse to hear an appeal. They demanded he prove innocence from inside a jail cell. ludicrous on the face of it. '
If the state is so sure of their case, and they clearly aren't, a simple re-trial would remedy all doubts.
I don't care where you live, the facts are clear. He most likely is innocent. The state knows that fact but due to technicalities refuses to allow a retrial. If he is killed the state of Ga. will most likely be killing an innocent man.
The state has NO CASE and simply refuses to face up to the fact that they've deprived an innocent man of 20 years of his life and may deprive him of life itself.
- 5 votes
When I was growing up, I was taught that the American justice system was the best in the world, because we demonstrated that it is more important to protect a single innocent man, than to prosecute the guilty.
What a lie!
- 3 votes
#6 - Sun Jun 5, 2011 11:32 AM EDTThe American justice system has "never" been the best in the world because it has never been just for the poor, for those who can't afford a high price attorney, or for minorities.
- 6 votes
Troy Davis: Another anti death penalty scam
Based upon the evidence presented in the June, 2010 hearing, it was clear that the federal district court would rule against Davis and that SCOTUS would not intervene.
This shouldn't have come as a surprise to anyone that knew the facts of the case.
Anti death penalty folks, were, of course, fed a bunch of nonsense by their leadership and they simply accepted it.
As I wrote 6/25/10
Innocence claims will offer no reprieve for Troy Davis
Dudley Sharp
Based upon the media reports, alone, of the two day hearing of June 2010, just as I suspect Davis' attorneys have known all along, the appellate case cannot prevail in overturning the findings that Troy Davis is guilty of the murder of Police Officer Mark
Allen MacPhail.
What happened in the two day hearing was very ordinary, if you are aware of anti death penalty nonsense. (1)
Sylvester "Redd" Coles' "Confessions"
The blockbuster witnesses who were going to testify that the "real murderer" Sylvester "Redd" Coles had confessed to them were not allowed to testify, because Davis' attorneys refused to call Coles to testify, thereby rendering these witnesses in possession of hearsay evidence and, therefore, not able to testify.
Well, Judge Moore did allow, wrongly, one of them, Anthony Hargrove, to testify. The judge "said that unless Coles is called to the stand, he might give (Hargrove's) hearsay testimony "no weight whatsoever."
Of course, Davis' attorneys didn't call Coles. Davis' attorneys made sure Hargrove's testimony as well as the other "confession" witnesses will have no weight.
This will become part of the anti death penalty PR machine - the anti death penalty folks will blame the system for not allowing the "truth" to come out, by muzzling these witnesses, even though Davis' attorneys had to do this intentionally, knowing that the witnesses couldn't be heard, because of the hearsay rule.
The defense couldn't call Coles, because he would have been a strong witness to rebut his alleged confessions, therefore making things worse for Davis. I seems obvious that the defense made a statement as to how fragile and unreliable these "confession" witnesses were that Davis' attorneys refused to call Coles.
Hargrove being wrongly allowed to testify must have been a surprise.
"Recantation" Witnesses
The additional problem for Davis is this: There are solid witnesses against Davis who did not recant.
The recantation witnesses claims that the police pressured or threatened them into falsely testifying make no sense.
First, there were enough witnesses against Davis - the state had a solid case - therefore there was no reason to put lying witnesses on the stand. Even if we presume that some were pressured and threatened into false statements, both police and prosecutors knew, before trial, that they need not risk putting any such perjuring witnesses on the stand. They had enough evidence without them.
Why risk perjured testimony when you don't need it? They wouldn't have.
Secondly, the non recantation witnesses, the police investigators, and prosecutors have been consistent from the beginning of the case - those witnesses haven't recanted, and police and prosecutors have testified that there were no threats or pressure for false testimony and those consistent, non recanting witnesses gave truthful statements without pressure or threats.
Thirdly, there is no evidence that the investigating officers or the prosecutors had ever been involved in such illegal activities before and the non recantation witnesses give more weight to the position that police and prosecutors did not pressure or threaten for false testimony and to the proposition that the recantations were the lies.
Judges are very aware of false testimony and how pressure can be applied to produce it, by community activists, such as anti death penalty folks.
Judges are aware that pressure is a two sided coin and they must consider both sides of it and how that may effect credibility. In a case such as this, the evidence is such that
Davis cannot prevail.
Credibility - this says it all.
"(Troy) Davis' legal team also summoned Benjamin Gordon, who testified that he saw Sylvester "Redd" Coles shoot and kill the officer." (2)
Gordon, who is incarcerated and has at least six prior felony convictions, said he never came forward because he did not trust the police and feared what Coles might do to him or his family in retaliation.
"Is there any doubt in your mind that Redd Coles fired that shot?" Horton asked. "No, sir," Gordon replied.
Davis' legal team has long maintained that Coles, who was at the scene and came forward after (Police Officer) MacPhail's slaying and implicated Davis to police, was the actual triggerman. Coles has denied shooting MacPhail.
Beth Attaway Burton, the state's lead attorney, got Gordon to acknowledge he never said he saw Coles shoot MacPhail in interviews with police "or in sworn statements he gave Davis' legal team in 2003 and 2008."
"What made you change your story today?" Burton asked.
"It's the truth," Gordon said. "
I think the judge will have to weigh Gordon's credibility similarly to that of Davis' other supportive witnesses - ZERO.
-----------------------------
Note: We will hear protests that Davis' attorneys tried to subpoena Coles the day before the hearing, but couldn't locate him. The judge didn't buy it saying that there was no excuse based upon them having much time to prepare for the hearing. It's clear they didn't want Coles. When Davis loses this appeal, he will then appeal to a higher court, which will uphold the denial.
(1) 3 of many
"The Innocent Executed: Deception & Death Penalty Opponents"
http(COLON)//homicidesurvivors.com/2009/10/08/the-innocent-executed-deception--death-penalty-opponents--draft.aspx
The 130 (now 139) death row "innocents" scam
http(COLON)//homicidesurvivors.com/2009/03/04/fact-checking-issues-on-
innocence-and-the-death-penalty.aspx
"Cameron Todd Willingham: Another Media Meltdown", A Collection of Articles
http(COLON)//homicidesurvivors.com/categories/Cameron%20Todd%20Willingham.aspx
(2) All quotes from this article:
"Witnesses back off testimony against Troy Davis", The Atlanta Journal-Constitution, June 23, 2010 www(DOT)ajc.com/news/atlanta/witnesses-back-off-testimony-555778.html?cxntlid=daylf_artr
Other references:
Troy Davis: Both sides need to be told
Dudley Sharp, contact info below
Anyone interested in justice will demand a fair, thorough look at both sides of this or any case. Here is the side that the pro Troy Davis faction is, intentionally, not presenting.
(1) Davis v Georgia, Georgia Supreme Court, 3/17/08
Full ruling www(DOT)gasupreme.us/pdf/s07a1758.pdf
Summary www(DOT)gasupreme.us/op_summaries/mar_17.pdf
" . . . the majority finds that 'most of the witnesses to the crime who have allegedly recanted have merely stated that they now do not feel able to identify the shooter.' "One of the affidavits 'might actually be read so as to confirm trial testimony that Davis was the shooter.' "
The murder occurred in 1989.
(2) "THE PAROLE BOARD'S CONSIDERATION OF THE TROY ANTHONY DAVIS CASE" , 9/22/08, www(DOT)pap.state.ga.us/opencms/opencms/
"After an exhaustive review of all available information regarding the Troy Davis case and after considering all possible reasons for granting clemency, the Board has determined that clemency is not warranted."
"The Board has now spent more than a year studying and considering this case. As a part of its proceedings, the Board gave Davisâ?? attorneys an opportunity to present every witness they desired to support their allegation that there is doubt as to Davisâ?? guilt. The Board heard each of these witnesses and questioned them closely. In addition, the Board has studied the voluminous trial transcript, the police investigation report and the initial statements of all witnesses. The Board has also had certain physical evidence retested and Davis interviewed."
(3) A detailed review of the extraordinary consideration that Davis was given for all of his claims,
by Chatham County District Attorney Spencer Lawton http(COLON)//tinyurl.com/46c73l
Troy Davis' claims are undermined, revealing the dishonesty of the Davis advocates . Look, particularly, at pages 4-7, which show the reasoned, thoughtful and generous reviews of Davis' claims, as well a how despicable the one sided cynical pro Troy Davis effort is.
(4) Officer Mark Allen MacPhail: The family of murdered Officer MacPhail fully believes that Troy Davis murdered their loved one and that the evidence is supportive of that opinion. www(DOT)fop9.net/markmacphail/debunkingthemyths.cfm
Not simply an emotional and understandable plea for justice, but a detailed factual review of the case.
(5) "Death and Dying", by Cliff Green, LIKE THE DEW, 7/22/09,
http(COLON)//likethedew.com/2009/07/22/death-and-dying/
#7 - Mon Jun 6, 2011 8:52 AM EDTThe false innocence claims by anti death penalty activists are legendary. Some examples:
4) "The Innocent Executed: Deception & Death Penalty Opponents"
http://homicidesurvivors.com/2009/10/08/the-innocent-executed-deception--death-penalty-opponents--draft.aspx
5) The 130 (now 138) death row "innocents" scam
http://homicidesurvivors.com/2009/03/04/fact-checking-issues-on-innocence-and-the-death-penalty.aspx
6) Sister Helen Prejean & the death penalty: A Critical Review"
http://homicidesurvivors.com/2009/05/04/sister-helen-prejean--the-death-penalty-a-critical-review.aspx
7) "At the Death House Door" Can Rev. Carroll Pickett be trusted?"
http://homicidesurvivors.com/2009/01/30/fact-checking-is-very-welcome.aspx
8) "Cameron Todd Willingham: Another Media Meltdown", A Collection of Articles
http://homicidesurvivors.com/categories/Cameron%20Todd%20Willingham.aspx
#8 - Mon Jun 6, 2011 8:55 AM EDTyou should research and post the links to the number of people found innocent after they were convicted. Seems that I read about these on a regular basis.
- 6 votes
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