Skip to main content

Troy Davis Deserves a New Trial


The Supreme Court will decide Monday whether it will take Davis' case. If it doesn't, he likely will be executed, despite evidence of his innocence.

Troy Anthony Davis was scheduled to die by lethal injection Tuesday. Two hours before the state of Georgia was to execute him, the U.S. Supreme Court issued a stay until Monday. It had earlier agreed to hear Davis' case on Sept. 29, but Georgia set his execution date six days before the hearing.

Davis was charged with killing Mark MacPhail, an off-duty police officer, in Savannah, Ga., in 1989. Davis had gone to the aid of a homeless man who was being pistol-whipped in a parking lot. Seeing the gun, he said he fled. MacPhail, working security nearby, intervened next, and was killed. Davis, an African-American, claimed his innocence, but was found guilty and sentenced to death. Since his conviction, seven of the nine non-police witnesses have recanted their testimony, alleging police coercion and intimidation in obtaining their testimony. By coming forward and recanting, they face serious repercussions, possibly jail time. Some have identified a different man as the shooter. This man is one of Davis' remaining accusers.

In July 2007, Davis faced his 1st execution date. Just a day before he was to be executed, the Georgia Pardons Board granted a stay of execution for up to 90 days. Then, Davis' attorneys argued before the Georgia Supreme Court for a retrial or for a hearing to present new evidence. The requests were denied, by a 4-to-3 vote. In the same period, the U.S. Supreme Court was weighing whether death by lethal injection constituted cruel and unusual punishment (the court ultimately allowed its use).

The U.S. Supreme Court will consider Monday whether it will take on Davis' case. If it decides not to, he very likely will be executed.

Among Davis' defenders is former President Jimmy Carter. He said: "This case illustrates the deep flaws in the application of the death penalty in this country. Executing Troy Davis without a real examination of potentially exonerating evidence risks taking the life of an innocent man and would be a grave miscarriage of justice." Georgia Congressman John Lewis also supports Davis. I spoke with Lewis at Invesco Field in Denver, just before Barack Obama's acceptance speech. It was 45 years to the date after the March on Washington and Dr. Martin Luther King Jr.'s "I Have aDream" speech.

Lewis recalled that historic day: "We were in Washington, more than 250,000 of us, black and white, Protestant, Catholic, Jews, people of different background, rich and poor. ... In many parts of the South, people could not register to vote, simply because of the color of their skin. And we changed that."

Yet this week, in light of Davis' plight, Lewis told me: "In spite of all of the progress that we've made as a nation and as a people, we still have so far to go. The scars and stains of racism are still deeply embedded in every corner, in every aspect of the American society." He went on to say, when I pointed out that Sen. Obama himself supports the death penalty: "It is troublesome. You know ... someplace along the way, some of us must have the courage to say -- and I'm moving closer and closer to this point -- that in good conscience, I cannot and will not support people who support the death penalty. I think it's barbaric, and it represents the Dark Ages. .... I don't think as human beings, I don't think as a nation, I don't think as a state, we have the right to take the life of another person. That should be left for the Almighty to do."

The death penalty is a noxious and racist practice. According to the NAACP Legal Defense Fund, of more than 3,300 people on death row in the U.S., over 41 % are African-American -- more than 3 times their representation in the general population. According to the Death Penalty Information Center, since 1973 there have been 130 people exonerated -- people wrongly sentenced to death -- in 26 different states, including 5 exonerated on death row in Georgia. Evidence even suggests that at least 4 innocent people have been executed in recent years. There is no physical evidence in the Troy Davis case. After the stay was announced, Davis asked his mother to have people pray for the MacPhail family, and to keep working to dismantle this unjust system. He told her he wouldn't be fighting this hard for his life if he were guilty. This is a case of reasonable doubt. Troy Davis deserves a new trial.

Source: AlterNet

Comments

Most viewed (Last 7 days)

Florida to execute William Thompson after nearly 48 years on death row

On Sept. 11, Gov. Ron DeSantis issued a death warrant for William Thompson, convicted of the 1976 kidnapping, rape, and murder of 23-year-old Sally Ivester. Thompson, now 74, and another man were staying in a Miami Beach hotel room with Ivester and another woman, according to court records. After Ivester was unable to get money from her mother, the men beat and tortured her, prosecutors said. She died from internal bleeding and multiple injuries. Thompson was convicted in 1978 of kidnapping, rape, and first-degree murder.

Singapore | Ministry of Home Affairs refutes claims that death penalty was discussed during visit by Israel's security ministry

The Ministry of Home Affairs says discussions with the Israeli government involved the sharing of best practices in emergency response, crime prevention, and forensics. Issues relating to the death penalty “were never part of the meeting and were not discussed."  SINGAPORE: The Ministry of Home Affairs (MHA) on Friday (Sep 11) refuted claims by an Israeli media outlet that the death penalty was discussed during a visit by an Israeli delegation in May. The Haaretz newspaper reported on Sep 7 that a delegation comprising representatives from the Israel Prison Service and National Security Ministry made a “secret visit” to Singapore that month.

Alabama | Lethal injection for double murderer set for Thursday after court blocked nitrogen hypoxia execution in June

Alabama plans to execute Jeffery Lee on Thursday via lethal injection after a down-to-the-wire decision by the federal courts halted his death by nitrogen hypoxia in June. In response, Gov. Kay Ivey set the 30-hour window for the execution to be carried out by lethal injection beginning at 12 a.m. on Thursday, September 17, and expiring at 6 a.m. on Friday, September 18. Barring any further court action, the execution will take place at Holman Correctional Facility in Atmore.

Afghanistan | Signs that horrific brutality is set to return

Kneeling next to a ditch, deep in the rugged mountains of Afghanistan, a 22-year-old woman draws her last breath in a 'desert court' before she is shot in the back with an AK-47. Her executioner? Likely her hardline militant husband, in what the Taliban consider an 'honour killing'.  It took less than an hour to decide Najiba had been adulterous – although it has been suggested this accusation was fabricated to protect her husband's reputation. Adultery is a crime that deserves capital punishment under the Taliban's strict interpretation of Sharia law. Fourteen years on from her death, little is known about her story, like many women slowly being erased from the fabric of Afghan society. 

Florida executes Daniel Owen Conahan Jr.

In Florida’s 15th execution this year, man put to death for killing linked to ‘Hog Trail Murders’  A Florida man convicted in one of a series of suspected killings that became known as the “Hog Trail Murders” in the 1990s was put to death Thursday, becoming the state’s 15th person executed this year.  Daniel Owen Conahan Jr., 72, was pronounced dead at 6:12 p.m. after receiving a 3-drug lethal injection at Florida State Prison near Starke. He had been sentenced to die for the 1996 kidnapping and strangling of Richard Allen Montgomery, whose mutilated body was found in a wooded southwest Florida area where authorities found the remains of at least 6 people over a 3-year span.

California | He spent 19 years on death row. His conversion to Judaism helped him endure

Johnny Morales struggled to find sleep. He dozed off for a few moments, but officers came to his death row cell and woke him a little after midnight. They needed to inventory and box up his belongings. He was leaving San Quentin.  Hands cuffed behind his back, he walked across the empty upper yard in the dim gray hours before daylight. An officer walked alongside him step for step, black latex-gloved fingers holding onto Morales’s arm. For almost 20 years, Morales could only experience the world outside his 4-by-11 foot cell in the condemned housing unit like this—chained and escorted by officers. Security protocols required all death row residents be handcuffed or shackled any time they were out in open space with staff.

He Spent 27 Years on Death Row as a Wrongfully Convicted Man. What Comes Next?

23-hour solitary confinement. 115-degree heat. Jimmie Duncan is haunted by the decades he spent in Louisiana’s Angola Prison—and how, even after being released, he still isn’t truly free. Jimmie “Chris” Duncan wiped the sweat off his forehead as he assessed his temporary home from the parking lot of a rundown motel in central Louisiana. Sure, there’s drug dealing and prostitution, he said on a recent summer afternoon. And he suspected his neighbors were cooking meth on a floor below the room he paid $350 a week to rent.

Iran | Afghan Citizen Executed in Wheelchair Due to Severe Mobility Disability

KABUL, AFGHANISTAN – Iranian authorities have reportedly executed an Afghan citizen, identified as Valijan Nourzay, at the central prison in Rafsanjan, according to the human rights organization Hengaw. Hengaw said in a statement on Sunday, September 6, that Nourzay was executed early Wednesday last week at Rafsanjan Central Prison. According to the organization, Nourzay had a severe mobility disability and was executed while in a wheelchair. Hengaw, citing informed sources, reported that Nourzay had been pursued by Iranian authorities three years ago over an alleged murder. He was reportedly seriously wounded after Iranian security forces opened fire on him in Rafsanjan before being arrested and later sentenced to death.

Egypt TV presenter and 11 others sentenced to death in major drugs case

Egyptian television presenter Sarah Khalifa and 11 others have been sentenced to death by hanging after being convicted of drug trafficking and rape, while nine defendants received life sentences and seven were acquitted. Egyptian television presenter Sarah Khalifa, 39, has been sentenced to death by hanging along with 11 other defendants after being found guilty in a drugs case involving a criminal gang accused of importing ingredients used to manufacture narcotics for sale.

California | Becerra vows to extend moratorium despite past support for capital punishment

SACRAMENTO—Democrat Xavier Becerra defended the death penalty while serving as California’s attorney general, a punishment his office actively sought in the case of a gunman convicted of an Orange County mass shooting, but as the front-running candidate for governor, he has vowed to block executions if elected in November. Becerra said he will extend the blanket reprieve for all death row inmates that Gov. Gavin Newsom enacted by executive order in 2019, saying he supported “moving our state away from a costly, flawed system that disproportionately impacts Black and brown communities and too often gets it wrong.”