Over time, Jack and I have put up quite a few posts about Troy Davis, a Georgia man on death row despite serious questions about his conviction, no physical evidence tying him to the crime, and claims that another man actually committed the crime in question. So it only seemed appropriate to post an update with the latest news. And sadly, it’s bad news.
On Thursday the 16th, the 11th Circuit Court denied Troy Davis’ appeal for a new trial, and granted him a 30-day stay so that he can file another petition with the Supreme Court (which has already refused to hear his case).
The decision came down two to one, with dissenting Judge Rosemary Barkett writing the following:
In the affidavits, seven of nine key trial witnesses recanted their testimony which pointed to Davis as Officer MacPhail’s murderer. The two remaining non-recanting witnesses were Sylvester “Red” Coles, who was himself alleged to have been the shooter in affidavits, and Steve Sanders, who identified Davis at trial two years after the incident, despite admitting to police immediately following the shooting that he would not be able to recognize the shooter.
The majority of the affidavits support the defense’s theory that, after Coles raced to the police station to implicate Davis, the police directed all of their energy towards building a case against Davis, failing to investigate the possibility that Coles himself was the actual murderer. For example, none of the photospreads shown to eyewitnesses even included a picture of Coles. Additionally, three affiants now state that Coles confessed to the killing.
To execute Davis, in the face of a significant amount of proffered evidence that may establish his actual innocence, is unconscionable and unconstitutional.
As Amnesty International said:
If Troy Davis’ request had been granted by the Court, he would have had the opportunity to ask for an evidentiary hearing. An evidentiary hearing would allow the witnesses to be heard and examined in a court of law – which is what Davis has asked for all along.
So, now we wait again. A new petition will be filed. A new execution date might be set. And all a man is asking for is a proper fucking trial.
In the meantime, you can send yet another letter to the governor of Georgia, asking him to support clemency for Troy Davis. I couldn’t more strongly encourage you to do so.
really upsetting. i dont know what to say. i feel sick.
more proof that we need to do away with our “justice” system.
Oh, no. I’ve been checking for updates every now and then, but I missed this. It’s so upsetting and so incomprehensible. I don’t see how the Supreme Court will change their mind but I truly hope they do, or that the Georgia governor finally sees fit to intervene.
So saddened and angered that the news is this bad, but thank you for the update, Cara.
Oh no. It’s outrageous that this is possible.
I just don’t understand why people are so set on killing someone! How can they say this is beyond reasonable doubt? 7 of 9 witnesses recanted. And it seems like this is just too common. Jeff Wood, in Texas, sentenced to die for a murder he didn’t commit. The murderer was already killed and he was driving the car at the time of the crime, and it’s arguable he was not even aware of what the murderer was going to do. It is time to do away with the death penalty like New Mexico just did. And that the vast majority are men of color is just so aggravating. Good thing we live in a post-racial society, right? The death penalty seems to be the last legal way for rednecks to keep minorities down.
First off, this is a case where the DP should not be used. There’s too much uncertainty in this case.
That being said, Troy Davis on closer look does not look like the shining knight that he’s being portrayed as. He admitted to being in the parking lot. He fled the scene and refused to cooperate with police. He then fled the town and tried to hid out in Atlanta. Coles and Davis fingered each other for the crime. One of them did it.
Davis may be innocent. If he is, he made the mistake of a lifetime by running from the scene and trying to hide from police. Its very possible the real killer will get away with it because he cooperated with police while Davis ran.
The letter from Amnesty includes references to Perdue being able to grant clemency. I was pretty sure that wasn’t the case in Georgia–that the Board of Pardons and Paroles got that perogative, rather than the governor? Anyone know?
FashionablyEvil, my understanding is that he cannot grant clemency, but his support for it would make a world of difference in the decision of the Board of Pardons and Paroles, which is why AI wants it.
My country, ’tis of thee, sweet land of liberty, of thee I sing…
Next thing you know, these damn commies will want to make sure EVERYONE on death row had a fair trial.
Thanks for clarifying, Cara. Email sent.
OH MY FUCKING GOD. ARE YOU KIDDING ME??!!!
He never should have been tried in the first place.
I sent the letter. I only hope it can help.
This? This is why the United States shouldn’t have the death penalty. Maybe when we’re governed by grown-ups who can recognize when someone deserves a second hearing, then we deserve to have power of life and death over people.
From NBLIC Savannah:
We are also wanting people from around the globe to write US Attorney general Eric Holder asking that he investigate the Chatham County Judicial Circuit and the two Justices, Marcus and Dubina who sited the US government and the Anti-terrorism laws that prohibit the innocent from getting relief in court.