Death Penalty Opponents Assail Troy Davis Ruling

Troy Davis

Anti-death penalty activists criticized the U.S. Supreme Court’s decision to reject without comment death row inmate Troy Davis’ appeals seeking to delay his execution while he attempts to prove he was wrongfully convicted of killing a white police officer in 1991.

Without another appeal, commutation or pardon, Monday’s decision likely will allow the state of Georgia to set another execution date for Davis. There may be a slight delay in scheduling because of questions over the state’s supply of a key lethal injection drug.

Federal regulators seized the entire stockpile of sodium thiopental earlier this month after questions arose about the way the state obtained the drug.

“We are deeply shocked and disappointed because we think that [Davis] has made a compelling case of innocence and that there are too many questions to go forward with his execution,” Diann Rust-Tierney, executive director of the National Coalition to Abolish the Death Penalty, told BlackAmericaWeb.com.

Davis was convicted in 1991 of killing Mark MacPhail, an off-duty Savannah, Georgia police officer, largely on the basis of eyewitness testimony, but 7 of the 9 witnesses who implicated Davis have since recanted, and other witnesses have come forward to say another man confessed to killing MacPhail. Further, there has been no physical evidence linking Davis, who had no prior criminal record, to the killing.

Restrictions on federal appeals prevented Davis from having a hearing in federal court on the reliability of the witness testimony used against him. The Georgia Board of Pardons and Paroles also rejected Davis’ application for clemency. An appellate court stayed Davis’ execution date so that his lawyers could file the appeals to the Supreme Court.

Davis was granted a stay of execution by the U.S. Supreme Court 2 hours before he was to be put to death in 2008, and the court in 2009 ordered the federal District Court to take another look at the case.

After holding a hearing to review evidence, the 11th Circuit Court of Appeals had ruled earlier that Davis "failed to show actual innocence" in the case. The District Court suggested that, for procedural reasons, Davis should take his appeal of its ruling directly to the Supreme Court.

In January, Davis’ lawyers filed two pleas. One sought review of the Georgia federal judge's rejection of the innocence claim, and the other asked for a test of the 11th Circuit's refusal to review the case.

"Nobody walking out of that hearing could view this as an open-and-shut case," Larry Cox, executive director of Amnesty International USA, told WSAV-TV after Monday’s Supreme Court ruling.

"The testimony that came to light demonstrates that doubt still exists, but the legal bar for proving innocence was set so high it was virtually insurmountable," said Cox. “It would be utterly unconscionable to proceed with this execution, plain and simple."

“I think the position of the state has been the burden of proof is on the defense since there’s been a determination in the process,” Rust-Tierney said. “But when all the legalese is pushed aside, the question is is there enough confidence in this conviction to go forward with an execution?”

Davis' sister told CNN Monday that she was "very disappointed" by the Supreme Court's rejection.

Martina Correia-Davis said Davis' attorney told her they would continue to pursue all possible legal options, including a possible repetition of the Georgia State Board of Parole.

MacPhail’s son, Mark MacPhail, Jr. told WSAV-TV in Savannah that the High Court’s ruling proved what the evidence has always shown and what his family has known all along: that "Troy Davis is guilty."

MacPhail, Jr., who was just a few months old when his father was slain, told the television station he had been getting somewhat frustrated and nervous and "wondering what was taking so long."

But Davis’ case has received broad support from entertainment, social and political figures, including former President Jimmy Carter and Pope Benedict XVI. There also have been calls for the Georgia Board of Pardons and Parole to commute Davis’ sentence.

It is unclear what Davis’ lawyers' options are, but defense attorney Jason Ewart told The Associated Press the likeliest route is appealing to the pardons and parole board, a five-member board that rarely postpones executions.

"The Troy Davis case is emblematic of everything that is wrong with capital punishment," Laura Moye, director of AIUSA's Death Penalty Abolition Campaign, told WSAV. "In a system rife with error, mistakes can be made.

“There are no do-overs when it comes to death," said Moye. “Lawmakers across the country should scrutinize this case carefully, not only because of its unprecedented nature, but because it clearly indicates the need to abolish the death penalty in the United States."

Source: BlackAmericaWeb.com, March 30, 2011

Why the war to save Troy Davis isn't over

On March 28, 2011 I woke up elated about my 10 year anniversary as a cancer survivor. I looked outside and it was cold and gloomy, the sun was nowhere to be found. It's about 9:30 a.m. and the phone rings, it's my brother Troy Davis' lawyer and from the tone in his voice I knew, it was not good news.

My heart sank to a heavy place as I listened to his monotone voice saying, "We just received news that the United States Supreme Court has denied Troy's appeal." Knowing that the appeals for Troy have always been an uphill battle and the lawyers have always stated that from a legal standpoint. Yet today I also heard optimism in the statement, "We will seek and exhaust all legal means available to us." I know from a legal standpoint denial by the Supreme Court is nothing a lawyer finds optimism in, yet I felt the readiness for yet another battle.

My first concern was my mother and my brother Troy. I cannot imagine facing three execution dates and the possibility of a fourth. I knew Troy would be more concerned about our family than himself, but I also knew that as much faith and spirituality as my mother has, she is still a mother and we are fighting for my brother's very existence. In this fight Troy is no longer voiceless and my family is no longer invisible, yet the court still refuses to hear what we have to say. Innocence does matter and beyond a reasonable doubt should be of utmost.

One thing for certain is that the global concern about this case is growing and yet the highest court in the United States is not willing to address the issue of innocence and new evidence. We live in country that is supposed to promote democracy and human rights for other countries yet it is not unconstitutional for us to execute innocent people in the U.S. if the courts feel they received a fair trial.

I am both enraged and empowered, for this battle to save Troy is a war of life and death for me! Until there is no breath left in my body I will fight for Troy, fight against the injustice of the death penalty, because this battle is bigger than Troy it is a war against a system is not impartial, a system that cares less for fairness and more for finality. In no way have we ever diminished the loss and hurt of the McPhail family, yet both families have been victimized. Being a mother and having Stage 4 cancer I understand the importance of life and I am willing to give my life to spare my brother's. No matter the final outcome of this case, my war against the death penalty is far from over and I will no longer be a victimize by this system in the United States, that justice depends on your ability to pay for it.

The hearing held in June 2010 in Savannah was like a puppet show, it was entertaining to some, upsetting to others, yet once the judge opened his mouth and looked at my brother with disgust I knew that no matter what Troy's lawyers had to present the judge had already made his decision to deny Troy, so he was just going through the motions like a puppeteer. I saluted the witnesses, even though they were criminalized by the state prosecutor for recanting their trial testimony. When they testified against Troy all those years ago, the police treated them like heroes, even though they had the same criminal history in 1989. It also seemed amazing that all the police who testified had amnesia about their role of misconduct with the witnesses, yet the judge chose to believe them over recanted testimony of the very witnesses they used to secure a conviction and death sentence for my brother.

The Georgia Parole Board said they will not execute when there is doubt. The case of Troy Anthony Davis is full of doubt.

As Troy said to me, "It's not over 'til God says it's over, this fight for justice did not begin with me and will not end with me."

The battle for Justice and the War to save Troy wages on! My name is Martina Correia and I am on Death Row because that is where my brother lives, our lives intertwined. If Troy is executed he will become even more powerful, because people all around the world are saying, "I AM TROY DAVIS," and his story will be heard.

Source: Opinion, Martina Correia, The Grio, April 3, 2011
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