The Clock Still Ticks for Troy Davis. Support TROY DAVIS!
EXECUTION OF ANY PERSON IS MURDER.
• Witnesses Admit Lies in Rare US Death Row Hearing •
AFP — Agence France Press — by Lucile Malandain — 23 June 2010 — Never before has the US Supreme Court ordered a hearing to determine if it is unconstitutional to execute someone who is innocent.
SAVANNAH, Georgia (AFP) — A STRING OF WITNESSES ADMITTED WEDNESDAY THEY GAVE FALSE TESTIMONY at the 1991 trial of a convicted murderer who has spent almost two decades on death row in the United States.
The admissions came at a special hearing ordered by the US Supreme Court to give Troy Davis, now 41, another chance to prove his innocence in a highly unusual case that has garnered international attention.
The witnesses, some of whom were illiterate, in prison, or in their teens when they originally testified, provided the key evidence that convicted Davis, an African-American, of murdering white off-duty police officer Mark McPhail.
Davis, now 41, always proclaimed his innocence over the 1989 murder, and one-by-one on Wednesday, witnesses admitted their lies and recanted their testimony.
“When the police arrived, I told them I could barely recognize the shooter,” said Atwan Williams. “I was scared, nervous, I was just trying to take off.”
Asked if he had read back the deposition he gave to police, Williams replied: “No sir, I can’t read.”
Kevin McQueen told the court he had been given a lighter sentence in return for simply making up the details of a confession he claimed Davis had given him. “I was mad at him,” he said.
Seven of the nine witnesses against Davis have recanted their testimony, and several said Wednesday they had lied because they were scared by the police.
“I had cops all around me,” said Jeffrey Sapp, a friend of Davis’s. “I was so scared, I’d have told them everything they wanted. They kept saying ‘Troy told you, Troy told you.’ I was saying the same thing they told me to say.”
At least one of the witnesses, who was 16 when he testified in the original trial and claimed he was harassed by police, now says another witness against Davis could have murdered McPhail.
Prosecutors in Davis's original trial relied on witness accounts to convict him and presented no physical evidence, such as DNA or fingerprints.
Facing the people whose testimony put him on death row for the past 19 years, Davis betrayed no emotion.
Dressed in a white prison uniform but without handcuffs, he listened quietly to the testimony, occasionally talking to his attorneys.
The courtroom, filled to capacity with spectators who arrived in the early morning to secure a seat, was divided between Davis's black relatives, and the white members of the McPhail family, including his two children.
“I am ready for justice,” Kim Robertson, a friend of McPhail’s, told AFP. “The execution should already have taken place. I have no doubt he's guilty.”
But the US Supreme Court ruled last August that it had no such certainty and ordered a lower court to submit a memo on whether new evidence could prove Davis innocent.
The Supreme Court will then consider whether or not Davis should be granted a new trial.
The decision was unusual, in part because it was issued during an official recess, but also because the bar to ordering new consideration of evidence is extremely high.
“Never before has the US Supreme Court ordered a hearing to determine if it is unconstitutional to execute someone who is innocent,” said Larry Cox, executive director of Amnesty International USA, in a statement Tuesday.
He said the case against Davis had “unraveled,” but even the shifting stories presented by witnesses may not prove sufficiently new and exculpatory to save Davis from execution.
The law is unresolved on whether a showing of innocence would allow Davis to escape the death penalty if his original trial met constitutional standards for prosecution.
The case has attracted international attention and the hearing, which is expected to continue through Friday, was being observed by human rights and civil liberties activists.
• Innocent Troy Davis in a Living Hell •Originally posted 2008-10-24
Send a letter to the Georgia Board of Pardon and Paroles
Text TROY to 90999 to help spread the word with your cell phone.
Plan a solidarity rally in your own city!
Help get more support! Download the petition
Download the Urgent Action: Send emails and faxes right away!
Listen to Troy tell his story
Hear from Troy’s sister
Join the discussion on our blog
• To see what activists are doing in Georgia, please visit GFADP.
• Clergy and Religious Leaders:
Add your name to our sign-on letter.
• Write a letter to the editor of your local paper.
It’s quick and easy using the ACLU’s web site.
• Text “TROY” to 90999 to help spread the word with your cell phone.
• Ask you faith community to offer a prayer during services.
See the model: Interfaith Prayer for Healing and Justice.
Visit Troy Davis’ website
Print a fact sheet on Troy Davis’ case
WHERE IS THE JUSTICE FOR ME?
A plea from Troy Davis
Where is the Justice for me? In 1989 I surrendered myself to the police for crimes I knew I was innocent of in an effort to seek justice through the court system in Savannah, Georgia USA. But like so many death penalty cases, that was not my fate and I have been denied justice. During my imprisonment I have lost more than my freedom, I lost my father and my family has suffered terribly, many times being treated as less than human and even as criminals. In the past I have had lawyers who refused my input, and would not represent me in the manner that I wanted to be represented. I have had witnesses against me threatened into making false statements to seal my death sentence and witnesses who wanted to tell the truth were vilified in court.
For the entire two years I was in jail awaiting trial I wore a handmade cross around my neck, it gave me peace and when a news reporter made a statement in the local news, “Cop-killer wears cross to court,” the cross was immediately taken as if I was unworthy to believe in God or him in me. The only time my family was allowed to enter the courtroom on my behalf was during the sentencing phase where my mother and sister had to beg for my life and the prosecutor simply said, “I was only fit for killing.” Where is the Justice for me, when the courts have refused to allow me relief when multiple witnesses have recanted their testimonies that they lied against me?
Because of the Anti-Terrorism Bill, the blatant racism and bias in the U.S. Court System, I remain on death row in spite of a compelling case of my innocence. Finally I have a private law firm trying to help save my life in the court system, but it is like no one wants to admit the system made another grave mistake. Am I to be made an example of to save face? Does anyone care about my family who has been victimized by this death sentence for over 16 years? Does anyone care that my family has the fate of knowing the time and manner by which I may be killed by the state of Georgia?
I truly understand a life has been lost and I have prayed for that family just as I pray for mine, but I am Innocent and all I ask for is a True Day in a Just Court. If I am so guilty why do the courts deny me that? The truth is that they have no real case; the truth is I am Innocent.
— By Troy A. Davis —
Atlanta Journal Constitution — 24 October 2008 — by Bill Rankin & Rhonda Cook — “This is the first step toward a court hearing to consider the new evidence, something we have been asking for for almost a decade now,” attorney Jason Ewart said.
— Tuesday, 22 June 2010 — ATLANTA — THE FEDERAL APPEALS COURT IN ATLANTA ON FRIDAY STAYED THE EXECUTION of Troy Anthony Davis, who was scheduled to be put to death by lethal injection Monday evening.
“Upon our thorough review of the record, we conclude that Davis has met the burden for a stay of execution,” the court said in a ruling issued by Judges Joel Dubina, Rosemary Barkett and Stanley Marcus.
The ruling is only the latest in what has been a roller-coaster ride of appeals for Davis. It marks the third time in 16 months he has won a stay shortly before his scheduled execution.
Last week, the U.S. Supreme Court said it would not hear Davis’ most recent appeal.
Davis, 40, sits on death row for the Aug. 19, 1989, murder of 27-year-old Savannah police Officer Mark Allen MacPhail. Since Davis’ trial, seven of nine key prosecution witnesses have recanted their testimony.
Davis’ claims of innocence have drawn opposition to his execution from leaders across the globe, including former President Jimmy Carter and Pope Benedict XVI. The European Union this week called for a halt to Davis’ execution.
Martina Correia, Davis’ sister, said she and her mother, Virginia Davis, were packing for the trip to death-row in Jackson when they got the news.
“I’ve been praying,” Correia said. “He deserves to be free. He at least doesn’t deserve to die for something he didn’t do.”
Correia talked on the phone to Davis after the court issued its stay. “To all the people around the world working hard and fighting for him, he wants to say thank you and this fight has to continue,” she said.
Neither MacPhail’s mother or sister had heard the news when a reporter called. The officer’s 75-year-old mother, Anneliese, declined to comment until she had more information.
MacPhail’s sister, Kathy McQuary, cried.
Davis’ lawyers expressed relief over the court’s decision.
“This is the first step toward a court hearing to consider the new evidence, something we have been asking for for almost a decade now,” attorney Jason Ewart said.
Russ Willard with the state Attorney General’s Office said the office had told the Department of Corrections that the execution was off for Monday. In the meantime, he said, state attorneys are reviewing the court’s order and exploring the their options.
Earlier this week, Davis asked the 11th U.S. Circuit Court of Appeals for permission to pursue another round of litigation in federal court on claims he is innocent. The Anti-terrorism and Effective Death Penalty Act of 1996 requires such a request to be made to an appeals court before another federal habeas corpus lawsuit can be filed.
On Friday, 11th Circuit said the stay of execution is conditional. Davis must make a showing he can meet the “stringent requirements” to pursue another round of appeals, the decision said.
The court directed Davis’ lawyers to file a legal brief on their arguments within 15 days. The state Attorney General’s Office has another 10 days to respond.
In July 2007, the state Board of Pardons and Paroles issued a stay less than 24 hours before Davis was to be put to death. Last month, the U.S. Supreme Court stopped Davis’ execution less than two hours before he was to be executed by lethal injection.
—
THE GEORGIA BOARD OF PARDONS AND PAROLES DENIED CLEMENCY FOR TROY DAVIS shortly before 5 p.m. on Friday, September 12th. They did so despite overwhelming doubts of Davis’ guilt — and after stating last year that they would “not allow an execution to proceed in this State unless and until its members are convinced that there is no doubt as to the guilt of the accused.” On September 23rd, The U.S. Supreme Court stayed Troy Davis’ execution “pending the disposition of his petition for a writ of certiori.” On October 14th, the Court decided not to accept his petition.The Georgia Board has the power to step in at any point, so we ask you to collect letters and petitions asking them to issue clemency.
TAKE ACTION! Write a letter to the Georgia Board of Pardon and Paroles
New York Times — 24 September 2008 — by Robbie Brown — “This fellow has enough of a claim of innocence that many people say he’s innocent.”
— ATLANTA — THE UNITED STATES SUPREME COURT ISSUED A STAY OF EXECUTION ON TUESDAY for a Georgia inmate convicted of killing a police officer in 1989, two hours before his scheduled death by lethal injection.
The inmate, Troy A. Davis, 39, was convicted of murdering Mark MacPhail, a Savannah police officer. The Supreme Court, which issued the stay without explanation, will decide Monday whether to grant Mr. Davis’s appeal for a new trial.
The case has drawn national and global attention, largely because seven of the nine witnesses at Mr. Davis’s trial later recanted their testimony, with two saying they felt pressured by the police to testify against Mr. Davis. Prosecutors presented no physical evidence, the murder weapon was never found, and three witnesses said another man later admitted to the killing.
Several world leaders, including former President Jimmy Carter, Archbishop Desmond Tutu and Pope Benedict XVI have challenged the fairness of Mr. Davis’s conviction. But prosecutors have rejected the claims of the recanting witnesses, and both the Georgia Supreme Court and the state Board of Paroles and Pardons have denied requests for new trials and clemency.
The stay may be in place for only a brief time. On Monday, if the Supreme Court chooses not to hear Mr. Davis’s appeal, the stay will automatically terminate, and Georgia will be able to proceed with the execution.
If the court agrees to hear the case, the stay will remain in place until it issues its decision.
Mr. Davis’s lawyers have asked the court to use his case to decide whether the Eighth Amendment bars the execution of the innocent. The case, his lawyers wrote in a petition to the justices in July, “allows this court an opportunity to determine what it has only before assumed: that the execution of an innocent man is constitutionally abhorrent.”
In a 1993 decision, Herrera v. Collins, Chief Justice William H. Rehnquist wrote for the court that “we may assume, for the sake of argument in deciding this case, that in a capital case a truly persuasive demonstration of ‘actual innocence’ made after trial would render the execution of a defendant unconstitutional.” The death row inmate in that case, Leonel T. Herrera, had not made a sufficient demonstration, the court ruled. He was executed the same year.
Under the court’s rules, it takes four votes to hear a case but five to grant a stay.
In Jackson, Ga., where Mr. Davis had been scheduled for death at 7 p.m., dozens of supporters celebrated the court’s ruling.
“I’m very happy I didn’t have to watch my client die tonight,” said Jason Ewart, the lead defense lawyer.
Martina Correia, Mr. Davis’s sister, called the stay an answer to her brother’s prayers.
“I was so very thankful for my brother,” Ms. Correia said. “When I saw him today, his prayer was that God not let him be executed. People from all over the world have called and said their prayers are with us.”
Kent Scheidegger, a death penalty expert at the Criminal Justice Legal Foundation in California, called the Supreme Court’s intervention “not usual but not too rare either.”
“I’m not terribly surprised,” Mr. Scheidegger said. “This fellow has enough of a claim of innocence that many people say he’s innocent.”
Jared Feuer, the Southern regional director of Amnesty International, said he was elated by the court’s decision. “Our hope is that fundamental questions of guilt and innocence will finally now be heard,” he said.
Copyright © 24 September 2008 The New York Times Company
Amnesty International — 21 September 2008 — by AI — EXECUTION DATE SET: SEPTEMBER 23 AT 7 p.m. Clemency Appeal DENIED — THE GEORGIA BOARD OF PARDONS AND PAROLES DENIED CLEMENCY FOR TROY DAVIS SHORTLY BEFORE 5 p.m. FRIDAY, SEPTEMBER 12th. THEY DID SO DESPITE OVERWHELMING DOUBTS OF HIS GUILT — and after stating last year that they would "not allow an execution to proceed in this State unless and until its members are convinced that there is no doubt as to the guilt of the accused." The Board has the power to step in at any point up until the scheduled execution, so your action is needed today!
Hundreds March to Save Troy Davis!
On Thursday, September 18, hundreds in Atlanta came out for the second time within a week to demand clemency for Troy Davis. Solidarity events took place from Washington, D.C. to Stillwater, Oklahoma.
On Monday, March 17, 2008, the Georgia Supreme Court decided 4-3 to deny a new trial for Troy Anthony Davis, despite significant concerns regarding his innocence. This stunning decision by the Georgia Supreme Court to let Mr. Davis’ death sentence stand means that the state of Georgia might soon execute a man who may well be innocent.
Read Amnesty International USA's press release
Background
Restrictions on Federal appeals have prevented Troy Anthony Davis from having a hearing in federal court on the reliability of the witness testimony used against him, despite the fact that most of the witnesses have since recanted, many alleging they were pressured or coerced by police. Troy Davis remains on Georgia death row, and may be scheduled for execution in the near future.
Troy Davis was sentenced to death for the murder of Police Officer Mark Allen MacPhail at a Burger King in Savannah, Georgia; a murder he maintains he did not commit. There was no physical evidence against him and the weapon used in the crime was never found. The case against him consisted entirely of witness testimony which contained inconsistencies even at the time of the trial. Since then, all but two of the state's non-police witnesses from the trial have recanted or contradicted their testimony. Many of these witnesses have stated in sworn affidavits that they were pressured or coerced by police into testifying or signing statements against Troy Davis.
One of the two witnesses who has not recanted his testimony is Sylvester "Red" Coles – the principle alternative suspect, according to the defense, against whom there is new evidence implicating him as the gunman. Nine individuals have signed affidavits implicating Sylvester Coles.
Copyright © 21 September 2008 Amnesty International USA
