One of the Best Reasons Against the Death Penalty - Innocent Man to be Executed?

[jobeterob]

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WORLD NEWS



Last-ditch efforts to stop Georgia execution continue

21/09/2011 11:35:30 AM

The Associated Press
With less than half a day left to live, Troy Davis' supporters in the U.S. and Europe were trying just about anything Wednesday to win his clemency for killing a Georgia policeman, a crime he and others have insisted for years that he did not commit.


Supporters planned vigils around the world. They'll be outside Georgia's death row prison in Jackson and at U.S. embassies in Europe.

The 42-year-old's most realistic, though slim, chance for reprieve is through the courts, and his lawyers are trying. His backers also have resorted to far-fetched measures: offering for Davis to take a polygraph test, urging prison workers to strike or call in sick, posting a judge's phone number online, urging people to call and ask him to put a stop to the 7 p.m. EDT [[2300 GMT) execution. They've even considered a desperate appeal for White House intervention.








Supporters include former President Jimmy Carter, Pope Benedict XVI and a former FBI director, the NAACP, as well as conservative figures. The U.S. Supreme Court even gave him an unusual opportunity to prove his innocence last year.

Still, prosecutors have backed the guilty verdict and state and federal courts have repeatedly upheld his conviction for killing Savannah officer Mark MacPhail in 1989. Several judges have listened to recanted testimony from witnesses and to jurors who say they would change their verdicts, knowing the facts revealed later.

MacPhail was off-duty working security at a bus station on Aug. 19, 1989, and rushed to the aid of Larry Young, a homeless man that prosecutors say Davis was bashing with a handgun after asking him for a beer. When MacPhail got there, they say Davis had a smirk on his face as he shot the officer to death in a Burger King parking lot. Others have claimed the man with him that night has said he actually shot the 27-year-old officer.

As time ticked toward the execution, an upbeat and prayerful Davis turned down a last meal and planned to spend his final hours meeting with friends, family and supporters. Meanwhile, two attempts to prove his innocence were rejected: a polygraph test and another hearing before the pardons board.

His attorney Stephen Marsh said Davis would only submit to a polygraph test if pardons officials would consider it.

"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.

His lawyers, meanwhile, are trying the legal avenues left to them, filing a motion in a county court challenging the ballistics evidence and eyewitness testimony. A judge could at least delay the execution, which has happened three times before. Most believe arguments on the merits of the case have been exhausted, however.

President Barack Obama also could ask the Justice Department to look at the case, but the NAACP has yet to make that request and legal experts have said it's unlikely he'd step in.

In Savannah, 16 Davis supporters gathered at the Chatham County courthouse to press District Attorney Larry Chisolm to help stop Davis' execution. They said 240,000 people had signed petitions urging the state to spare Davis' life, and delivered them in three large boxes to Chisolm's courthouse office where they were received by a member of the prosecutor's staff. Chisolm has said he's powerless to intervene, but activists say they believe he has enough influence as district attorney to sway the outcome.

As for the new and changed accounts by some witnesses, a federal judge dismissed them, saying that while the "new evidence casts some additional, minimal doubt on his conviction, it is largely smoke and mirrors" after a hearing Davis was granted last year to argue for a new trial to the U.S. Supreme Court, the first time justices had considered it for a death row inmate in at least 50 years. It failed.

Prosecutors have no doubt they charged the right person, and MacPhail's family lobbied the pardons board Monday to reject Davis' clemency appeal. The board refused to stop the execution a day later.

"He has had ample time to prove his innocence," said MacPhail's widow, Joan MacPhail-Harris. "And he is not innocent."

In Europe, where the planned execution has drawn widespread criticism, politicians and activists were making a last-minute appeal to the state of Georgia to refrain from executing Davis. Amnesty International and other groups planned a protest outside the U.S. Embassy in Paris later Wednesday and Amnesty also called a vigil outside the U.S. Embassy in London.

Parliamentarians and government ministers from the Council of Europe, the continent's human rights watchdog, called for Davis' sentence to be commuted. Renate Wohlwend of the Council's Parliamentary Assembly said that "to carry out this irrevocable act now would be a terrible mistake which could lead to a tragic injustice."

The U.S. Supreme Court gave him an unusual opportunity to prove his innocence last year, but his attorneys failed to convince a judge he didn't do it. State and federal courts have repeatedly upheld his conviction.

Spencer Lawton, the district attorney who secured Davis' conviction in 1991, said he was embarrassed for the judicial system that the execution has taken so long.

"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."

The motion filed in Butts County Court disputes testimony from a ballistics examiner who claimed that the bullets fired in a previous shooting that Davis was convicted of may have come from the same gun that fired at MacPhail. And it challenged eyewitness testimony from Harriet Murray, a witness who claimed at the trial to have identified Davis as the shooter.

It asks the court to vacate Davis' execution, or at least delay it by 90 days, on grounds that it was "based on false, misleading and materially inaccurate evidence."

Witnesses placed Davis at the crime scene and identified him as the shooter. Shell casings were linked to an earlier shooting that Davis was convicted of. There was no other physical evidence. No blood or DNA tied Davis to the crime and the weapon was never found.

[bankhousedave]

There's still time for people to do something to avert this travesty. We cannot condone state murder of an innocent man. It's the worst kind of bullying and political imcompetence if he's guilty. If, as in this case, there is no credible evidence against him, it is on a par with the worst excesses of Stalin and Mugabe. Do something now, while you still can:

http://action.amnesty.org.uk/ea-acti...clemency_link1

[ms_m]

Dave,

There have been people fighting for Troy Davis long before he became a Cause Celebre and whatever happens, will continue to fight for justice.




Message from Troy Davis

I want to thank all of you for your efforts and dedication to Human Rights and Human Kindness, in the past year I have experienced such emotion, joy, sadness and never ending faith. It is because of all of you that I am alive today, as I look at my sister Martina I am marveled by the love she has for me and of course I worry about her and her health, but as she tells me she is the eldest and she will not back down from this fight to save my life and prove to the world that I am innocent of this terrible crime.

As I look at my mail from across the globe, from places I have never ever dreamed I would know about and people speaking languages and expressing cultures and religions I could only hope to one day see first hand. I am humbled by the emotion that fills my heart with overwhelming, overflowing Joy. I can’t even explain the insurgence of emotion I feel when I try to express the strength I draw from you all, it compounds my faith and it shows me yet again that this is not a case about the death penalty, this is not a case about Troy Davis, this is a case about Justice and the Human Spirit to see Justice prevail.

I cannot answer all of your letters but I do read them all, I cannot see you all but I can imagine your faces, I cannot hear you speak but your letters take me to the far reaches of the world, I cannot touch you physically but I feel your warmth everyday I exist.

So Thank you and remember I am in a place where execution can only destroy your physical form but because of my faith in God, my family and all of you I have been spiritually free for some time and no matter what happens in the days, weeks to come, this Movement to end the death penalty, to seek true justice, to expose a system that fails to protect the innocent must be accelerated. There are so many more Troy Davis’. This fight to end the death penalty is not won or lost through me but through our strength to move forward and save every innocent person in captivity around the globe. We need to dismantle this Unjust system city by city, state by state and country by country.

I can’t wait to Stand with you, no matter if that is in physical or spiritual form, I will one day be announcing,

“I AM TROY DAVIS, and I AM FREE!”

Never Stop Fighting for Justice and We will Win!

[marv2]

The Pope, the former President Jimmy Carter, Reverend Al Sharpton, among others have fought for clemency for this man. He is going to be executed and he should not be!

I pray for him, his family, the victim's family and this country that will allow an innocent man to die via Capital Punishment!

Marv

[soulster]

President Barack Obama also could ask the Justice Department to look at the case, but the NAACP has yet to make that request and legal experts have said it's unlikely he'd step in.

He's gotta stop trying to win brownie points from the radical right-wing.

[jobeterob]

Poor President Obama; our national newsmagazine, MacLeans, has for it's cover story this week a feature story on whether or not he can be reelected and is quoting several Democrats as saying he can't win for losing and using buzz words like how Obamamania has become Obamisery.

God, I hope you guys dont end up with the Texas Governor.

[ms_m]

The President does not have the legal authority to intervene in this case



Who can stop the execution?

By Rhonda Cook

The Atlanta Journal-Constitution

In the days leading up to the scheduled execution of Troy Anthony Davis, many questions have been raised about who or what institutions can stop the lethal injection planned for 7 p.m. today. Essentially, he has exhausted all avenues.

Q. Can the president grant clemency or stop the execution in any way.

A. No. While President Obama has said he thinks the death penalty does little to deter crime, he has no legal authority to get involved, officially, with a state execution. When the death penalty is imposed for a state crime like murder, it is a state issue.

Q. Can the governor stop the execution?

A. No. Georgia's Constitution gives that authority only to the state Board of Pardons and Paroles.

Q. Can the Chatham County district attorney ask the judge who signed the death warrant to withdraw it?

A. Mike Mears, a professor at John Marshall Law School and who has challenged the death penalty for decades, said probably not. "I don't think there is a legal mechanism to ask a judge for a do over," he said.

Q. Can the courts stop it?

A. Though his attorneys he can fill appeals, the only viable option is the Georgia Supreme Court and that is a questionable one. His lawyers would have to file in the Superior Court in Butts County, where the prison is located, and then, if necessary, the Georgia Supreme Court and then directly to the US Supreme Court. Federal law limits appeals in that court system and Davis has exhausted those.

Q. Can the Pardons and Paroles Board change its mind?

A. If additional evidence is provided the board could step in but the board has already twice rejected Davis' requests for clemency. This morning they said they would not reconsider additional requests.

http://www.ajc.com/news/who-can-stop-the-1185821.html

[marv2]

He's gotta stop trying to win brownie points from the radical right-wing.

Totally agree1 That is bullshit trying for Bi-Partisianship has been a waste of valuable time!

[ms_m]

Dave actually hit the nail on the head more than I think he realizes.

Most people think of the US Judicial Branch only in terms of the Supreme Court. Although it is the highest court in the land it is not the only court in the Federal System.

None of the judges serving on these courts are elected, they are appointed by the President. It's one of the reasons people need to think long term when making their decision about who should serve this country. The ramifications of their vote will usually outlast the presidency.

An interesting note....President Obama has more than 200 non confirmed appointments and a large majority are judicial appointments...not to mention, he is only the 3rd Dem in office since 1977. You do the math.

Unconfirmed nominees
Based on The White House - Nominations & Appointments
http://opendata.socrata.com/Governme...nees/95r5-3mbx

[ms_m]

POLITICS & JUDICIAL APPOINTMENTS
October 4, 2004
http://www.pbs.org/newshour/bb/law/j...urt_10-04.html




The Judicial Branch: Interpreting the Constitution
The third branch of the federal government, the judiciary, consists of a system of courts spread throughout the country, headed by the Supreme Court of the United States.
http://countrystudies.us/united-stat...ernment-15.htm

[marv2]

it is almost 8pm EST. He should be dead by now.

[ms_m]

Marv, no disrespect but you really should chk for accuracy before you post

By COLLEEN CURRY
Sept. 21, 2011

Troy Davis' execution was delayed tonight as the Supreme Court weighed arguments by Davis' legal team and the state of Georgia over whether he deserves a stay.

At 7:05 p.m. tonight, five minutes after his scheduled death, Davis' supporters erupted in cheers, hugs and tears outside the jail in Jackson, Ga., as supporters believed Davis had been saved from the death penalty. But the Supreme Court only granted a temporary reprieve as it considers the decision.

The Supreme Court could decide at any time tonight or in the next seven days whether to go through with his execution, according to local TV station 11Alive.
http://abcnews.go.com/US/troy-davis-...ry?id=14571862

[marv2]

Marv, no disrespect but you really should chk for accuracy before you post

By COLLEEN CURRY
Sept. 21, 2011

Troy Davis' execution was delayed tonight as the Supreme Court weighed arguments by Davis' legal team and the state of Georgia over whether he deserves a stay.

At 7:05 p.m. tonight, five minutes after his scheduled death, Davis' supporters erupted in cheers, hugs and tears outside the jail in Jackson, Ga., as supporters believed Davis had been saved from the death penalty. But the Supreme Court only granted a temporary reprieve as it considers the decision.

The Supreme Court could decide at any time tonight or in the next seven days whether to go through with his execution, according to local TV station 11Alive.
http://abcnews.go.com/US/troy-davis-...ry?id=14571862

As of 12 noon here in New York [[the last time I was able to get an update on the story) he was scheduled to be executed at 7 pm EST. I am happy that it did not happen.

[marv2]

I didn't have the opportunity to learn of later developments involving this case. The latest news I had was from mid day today.

[ms_m]

Your post just came off very insensitive and it only takes less than a minute to google but whatever.

I'm not trying to get into an argument here.
I've managed to side step that for quite sometime and intend to continue to do so.

Have a great evening Marv

[marv2]

Your post just came off very insensitive and it only takes less than a minute to google but whatever.

I'm not trying to get into an argument here.
I've managed to side step that for quite sometime and intend to continue to do so.

Have a great evening Marv

You're good. I meant it to come of sounding insensitive because that is how this man is being treated in the good ole United States of America!. They were going to kill him, execute him without having any regards for "reasonable doubt". My point was to illustrate what we have become in this country and it is NOT a good thing!


Marv

[marv2]

I only became aware of Troy Davis' case through Rev. Al Sharpton and his nightly program on MSNBC. I could not believe that they would go this far towards executing a man that had been convicted based on the testimonies of 9 witnesses of which 7 of them have since recanted their stories! This is pure evil.

[dianesfan_1965]

Well the good news is that there is a stay. I really hope this man gets a fair trial. I'm iffy about the death penalty. One of those assholes that dragged James Byrd bit the dust today. Fucker.

[marv2]

Well the good news is that there is a stay. I really hope this man gets a fair trial. I'm iffy about the death penalty. One of those assholes that dragged James Byrd bit the dust today. Fucker.

Remember the part about while they were dragging him behind the truck on the rough gravely pavement that it ripped his head clean off?

[ms_m]

Marv
Things said on controversial issues often show up in a Google search. Not everyone may know that but now that they do, I would hope people would show compassion and think of friends and family that may see their comments.

[marv2]

Marv
Things said on controversial issues often show up in a Google search. Not everyone may know that but now that they do, I would hope people would show compassion and think of friends and family that may see their comments.

Ok , I will keep that in mind, but I am from the Mamie Till School of Civil Rights. You have to show folks everything, warts and all to really get through. You have to sometimes be clinically blunt to make others understand how seriously wrong a situation is.

[ms_m]

Marv my issue wasn't about Civil Rights it was about other people and how they would feel seeing what you posted. I personally thought it was jarring and although I'm not a personal friend I have been involved with this case for a couple of years through the ACLU...it threw me when I saw it and I knew it was false because I was checking periodically in hopes that the execution would be stopped.

I'm just giving my take on it but again, whatever...I'm moving on.

[MotownSteve]

When I was in college I read a book that set me against the death penalty. The book was 'Convicting the innocent'; sixty-five actual errors of criminal justice by Edwin Montefiore Borchard.

[jobeterob]

A majority of people want the death penalty, something Canada does not have.

But that doesn't make it right. All it does is institutionalize violence by the State and when you have that, you have more violent societies overall.

Today in Canada, a man wrongfully convicted of a sexual assault and murder sued the Federal Government and a bunch of legal officials for $14.5 million dollars; DNA evidence recently proved he wasn't at the scene of the crime. In the USA, this man would likely have been dead and the damage award might have been more like $140 million dollars.

Just like Patti Labelle, the Canadian law suit will not go ahead but will be settled..........too much publicity, too much wrong, get out early for less money and less lawyers fees.

[MotownSteve]

I just got an email from the New York Times saying the Supreme Court did not block the execution.

[ms_m]

Yeah Steve I was just about to post, it's scheduled for 11pm

Troy Davis Execution Stay Denied by Supreme Court

By COLLEEN CURRY
Sept. 21, 2011

The U.S. Supreme Court denied a last-minute stay of execution for Troy Davis after a delay to weigh arguments from Davis' legal team and the state of Georgia over whether his execution should be blocked.
The court's decision to deny the stay came after 10 p.m. ET, more than three hours after Davis' execution originally was scheduled today. The court did not comment on its decision.
The execution now is expected to occur by 11 p.m. ET.

http://abcnews.go.com/US/troy-davis-...ry?id=14571862

This goes back to what I was saying about President's and judicial appointments. It's always been this way but the reality is, Conservative will usually appoint conservative judges and Liberals appoint liberal judges.

I'm convinced that's why Congress is stalling to confirm the President's appointments....they are trying to wait him out and get another Repub in the WH to stack the courts with conservatives all over the country....

We will never get things changed until we start to realize politics isn't simply a show on TV...WE HAVE TO GET INVOLVED.

[MotownSteve]

Unfortunately, ms_m, I think you are on the right page about the stalling.

[MotownSteve]

I just got an email from MSNBC saying the deed is done.

[marv2]

I just got an email from MSNBC saying the deed is done.

That is sad, but this is the type of Country/Society we have become.

[soulster]

Today I am ashamed to be an American.

[bankhousedave]

Murder by the state is the most cold-blooded, most cowardly, and most unjustified murder there can be. If all the kids in a playground ganged up on an individual and killed him or her it would not be worse. Killing Troy makes him as big as all America, and all America as small as a plastic tube full of toxic chemical.

America's justification for forcing 'democracy' on the world went up that little tube as well.

[jobeterob]

Well, if "they" find out "they" were wrong someday, I hope they understand they have the legal remedy to answer to but they also have the "ultimate" answer to make someday.

Very good post Dave.

[ms_m]

Dave, America didn't try to force democracy on the world, Bush Jr. and Company did but I can draw you a very straight line back to the American people who vote these politicians in office.

This country will change when the American people change...and that can only happen one person at a time.

Good luck with that.