Don’t execute Troy Davis.

The death penalty is costly, arbitrary, and ineffective. Yet one of the great disappointments for those of us who supported Barack Obama is that the US Justice system is still heavily focused towards revenge not rehabilitation, criminalises a huge proportion of young black men and in a number of states despite the evidence of legal shabbiness, miscarriages and innocents being killed by the state a huge amount of penal resources are devoted to putting people to death. In this the United States is right up with those other Great Democracies, China, Iran, Russia and Saudi Arabia. Who says you can’t judge a country by the friends it keeps?


Troy Davis

Whilst the situation is complicated by the separation of powers in the United States between the Federal and State Governments for many the bell weather case of whether Obama’s American is any different is the case of Troy Davis. Troy Anthony Davis, who is African American, was convicted in 1991 of murdering Mark McPhail, a white police officer. Davis' conviction was not based on any physical evidence, and the murder weapon was never found.

The prosecution based its case on the testimony of purported "witnesses," many of whom allege police coercion. Seven of the nine non-police witnesses for the prosecution have recanted their testimony in sworn affidavits. One witness signed a police statement declaring that Davis was the assailant, and then later said, "I did not read it because I cannot read." In another case a witness stated that the police "were telling me that I was an accessory to murder and that I would ... go to jail for a long time and I would be lucky if I ever got out, especially because a police officer got killed ... I was only 16 and was so scared of going to jail."
There are also several witnesses who have implicated another man in the murder. According to one woman, "People on the streets were talking about Sylvester Coles being involved with killing the police officer, so one day I asked him ... Sylvester told me that he did shoot the officer."


Troy Davis and his mother

Last week a federal district court in Savannah, Georgia denied Troy Davis' petition - ruling that Troy didn't reach the extraordinarily high legal bar to prove his innocence. Amnesty representatives were in court saw the witnesses and heard the facts first-hand, and as Executive Director Larry Cox put it "nobody walking out of that hearing could view this as an open-and-shut case".



So how is it that Troy has been put back on track for execution? The courts have been far too comfortable leaving room for doubt, error and bias. There is no physical or scientific evidence linking Troy to the crime. In fact, Troy had to rely on witnesses whom the judge didn't find credible, even though these are the same witnesses on which his conviction hangs!

Because the courts have failed to resolve the doubts in this case, Amnesty is taking Troy's story back to the court of public opinion. They want every news outlet talking about the disastrous system that would allow a man to be put to death even when doubts persist about his guilt.

Troy's case is so powerful because it has inspired:

A majority of witnesses to admit that they lied 19 years ago

Four witnesses to finally testify against the person whom they suspect to be the real killer of police officer Mark MacPhail

Pope Benedict XVI, Archbishop Desmond Tutu and former U.S. President Jimmy Carter to all call for clemency

A movement of human rights supporters to unite and pass Troy's story along from one person to the next to the next...


Martina Correia, sister of Troy Anthony Davis, in front of the O'Connell Monument in Dublin, Ireland with supporters. She received The Sean McBride Award for Outstanding Contribution to Human Rights 2010.

There are no second thoughts when it comes to death. As long as there's doubt, there should be no execution. But as long as there's hope, let us continue to fight for Troy Davis.

It seems even in Obama’s America Southern Trees still bear strange fruit.


The way we were. Lawrence Beitler's photograph of the lynching of Thomas Shipp and Abram Smith in Marion, Indiana, 1930.

Strange Fruit

Southern trees bear strange fruit,
Blood on the leaves and blood at the root,
Black body swinging in the Southern breeze,
Strange fruit hanging from the poplar trees.

Pastoral scene of the gallant South,
The bulging eyes and the twisted mouth,
Scent of magnolia sweet and fresh,
Then the sudden smell of burning flesh!

Here is fruit for the crows to pluck,
For the rain to gather, for the wind to suck,
For the sun to rot, for the trees to drop,
Here is a strange and bitter crop.

Abel Meeropol, 1936.


See also;

http://daithaic.blogspot.com/2008/10/stay-of-execution-for-troy-davis.html

http://www.troyanthonydavis.org/




Audio recording from Troy Davis, who faces execution despite the fact that there was no physical evidence and 7 out of 9 non-police witnesses have recanted or contradicted their testimony.

New Hearing for Troy Davis

The US Supreme Court has ordered that a death row inmate should receive a new hearing to see if evidence not heard at his trial proves his innocence. Troy Davis was convicted in 1991 of killing a policeman in the southern state of Georgia, but key witnesses have recanted their testimony. In September the Supreme Court granted him a stay of execution hours before he was due to die from lethal injection.

His supporters include Pope Benedict XVI and US ex-President Jimmy Carter.

Lawyers for Davis said in their appeal that seven of nine prosecution witnesses had retracted their trial testimony. The lawyers also said several new witnesses had identified or implicated a different individual as the person who killed police officer Mark MacPhail in car park in 1989. Attorneys for the state of Georgia had argued that the appeal should be rejected. They said each court that had reviewed claims by Davis had said he had failed to prove his innocence.



Conservative justices Antonin Scalia and Clarence Thomas dissented from the Supreme Court decision. Justice Scalia said the Supreme Court was sending the federal judge in Georgia on a "fool's errand" But Justice John Paul Stevens, supported by Justices Ruth Bader Ginsburg and Stephen Breyer, said Justice Scalia was wrong.

"The substantial risk of putting an innocent man to death clearly provides an adequate justification for holding an evidentiary hearing," wrote Justice Stevens.

See also:

Troy Anthony Davis, who is African American, was convicted in 1991 of murdering Mark McPhail, a white police officer. Davis' conviction was not based on any physical evidence, and the murder weapon was never found.

http://daithaic.blogspot.com/2008/10/troy-davis-man-with-credible-claim-to.html

Global Day of Action for Troy Davis

Troy Davis, a man who may well be innocent, has a 30-day stay of execution that is about to expire. No court has yet held a hearing on the new evidence of tainted testimony, yet they are willing to end his life. On May 19th, every person can help make a difference by participating in any activity, event or creative action that calls attention to the injustice of his case.

Troy Davis' stay of execution is set to expire and he could be executed at any time. On May 19, people all around the world will be organizing events to stop the execution of Troy Davis.

Join Amnesty by participating online on May 19th!

3 EASY STEPS:

1. Change your profile picture on Facebook to the "I Am Troy Davis" graphic used for this event, and update your status to spread the word about Troy on May 19.

2. Sign the petition to have Troy's sentence commuted:

http://amnestyusa.org/troydavis

3. Invite your friends to join you!

Learn more at: http://www.amnestyusa.org/troy



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?


Troy Davis Rally

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.

Where is the Justice for me?

By Troy A. Davis



AMNESTY INTERNATIONAL USA
PRESS RELEASE
June 25, 2007

Supreme Court's Death Penalty Ruling in Troy Davis Case Reveals 'Catastrophic Flaws in the U.S. Death Penalty Machine'

(Washington, D.C.) -- Amnesty International is deeply disappointed with today's Supreme Court ruling that permits the execution of Troy Anthony Davis in Georgia. The organization maintains that evidence in his favor, which has never been heard in a courtroom, is enough to demonstrate that Davis should be granted a new hearing.

"The Supreme Court decision is proof-positive that justice truly is blind -- blind to coerced and recanted testimony, blind to the lack of a murder weapon or physical evidence and blind to the extremely dubious circumstances that led to this man's conviction," said Larry Cox, executive director of Amnesty International USA (AIUSA). "At times there are cases that are emblematic of the dysfunctional application of justice in this country. By refusing to review serious claims of innocence, the Supreme Court has revealed catastrophic flaws in the U.S. death penalty machine."

Troy Anthony Davis, who is African American, was convicted in 1991 of murdering Mark McPhail, a white police officer. Davis' conviction was not based on any physical evidence, and the murder weapon was never found.


Troy Davis with his mother

The prosecution based its case on the testimony of purported "witnesses," many of whom allege police coercion. Seven of the nine non-police witnesses for the prosecution have recanted their testimony in sworn affidavits. One witness signed a police statement declaring that Davis was the assailant, then later said, "I did not read it because I cannot read." In another case a witness stated that the police "were telling me that I was an accessory to murder and that I would ... go to jail for a long time and I would be lucky if I ever got out, especially because a police officer got killed ... I was only 16 and was so scared of going to jail."

There are also several witnesses who have implicated another man in the murder. According to one woman, "People on the streets were talking about Sylvester Coles being involved with killing the police officer, so one day I asked him ... Sylvester told me that he did shoot the officer."


Martina Davis at a rally in Paris

Despite this, Davis' habeas corpus petition was denied by the state court on a technicality -- evidence of police coercion was "procedurally defaulted," that is, not raised earlier, so the court refused to hear it. The Georgia Supreme Court and 11th Circuit Federal Court of Appeals deferred to the state court and rejected Davis' claims. Today the U.S. Supreme Court refused to hear his case and Davis is now left without any legal recourse; he could be executed within weeks. It is shocking that in more than 12 years of appeals, no court has agreed to hear evidence of police coercion or consider the recanted testimony.

"It is appalling that so many judges were able to look away from such a grave breach of justice. Evidence of innocence simply hasn't mattered," said Sue Gunawardena-Vaughn, director of AIUSA's Program to Abolish the Death Penalty. "This should be viewed as a day of great shame for our nation, one in which the green light was given to execute a citizen who may well be innocent."

See also;

http://daithaic.blogspot.com/2008/10/stay-of-execution-for-troy-davis.html


Troy and his sisters

Troy Davis, a man with a credible claim to innocence may soon be executed.

Today, the U.S. Supreme Court declined to hear Troy Anthony Davis' appeal. His fate is back in the hands of Georgia authorities who may seek a new execution date at any time. The Supreme Court's decision to deny Troy Davis' petition means that no court of law will ever hold a hearing on the witnesses who have recanted their trial testimony in sworn affidavits.

Doubts about his guilt raised by these multiple witness recantations will never be resolved. An execution under such a cloud of doubt would undermine public confidence in the state's criminal justice system and would be a grave miscarriage of justice.

Amnesty International USA said “it is deeply disappointed with today's Supreme Court ruling that permits the execution of Troy Anthony Davis in Georgia. The organization maintains that evidence in his favour, which has never been heard in a courtroom, is enough to demonstrate that Davis should be granted a new hearing."

The Supreme Court decision is proof-positive that justice truly is blind -- blind to coerced and recanted testimony, blind to the lack of a murder weapon or physical evidence and blind to the extremely dubious circumstances that led to this man's conviction," said Larry Cox, executive director of Amnesty International USA (AIUSA). "At times there are cases that are emblematic of the dysfunctional application of justice in this country. By refusing to review serious claims of innocence, the Supreme Court has revealed catastrophic flaws in the U.S. death penalty machine."

Troy Anthony Davis, who is African American, was convicted in 1991 of murdering Mark McPhail, a white police officer. Davis' conviction was not based on any physical evidence, and the murder weapon was never found.

The prosecution based its case on the testimony of purported "witnesses," many of whom allege police coercion. Seven of the nine non-police witnesses for the prosecution have recanted their testimony in sworn affidavits. One witness signed a police statement declaring that Davis was the assailant, and then later said, "I did not read it because I cannot read." In another case a witness stated that the police "were telling me that I was an accessory to murder and that I would ... go to jail for a long time and I would be lucky if I ever got out, especially because a police officer got killed ... I was only 16 and was so scared of going to jail."

There are also several witnesses who have implicated another man in the murder. According to one woman, "People on the streets were talking about Sylvester Coles being involved with killing the police officer, so one day I asked him ... Sylvester told me that he did shoot the officer."

Despite this, Davis' habeas corpus petition was denied by the state court on a technicality -- evidence of police coercion was "procedurally defaulted," that is, not raised earlier, so the Court refused to hear it. The Georgia Supreme Court and 11th Circuit Federal Court of Appeals deferred to the state court and rejected Davis' claims. Today the U.S. Supreme Court refused to hear his case and Davis is now left without any legal recourse; he could be executed within weeks. It is shocking that in more than 12 years of appeals, no court has agreed to hear evidence of police coercion or consider the recanted testimony."

It is appalling that so many judges were able to look away from such a grave breach of justice. Evidence of innocence simply hasn't mattered," said Sue Gunawardena-Vaughn, director of AIUSA's Program to Abolish the Death Penalty. "This should be viewed as a day of great shame for our nation, one in which the green light was given to execute a citizen who may well be innocent."

Sign the Fairness Matters petition at:

www.amnestyusa.org/troydavis

For more information on Troy Davis please visit:

http://www.ncadp.org/index.cfm?content=3

www.troyanthonydavis.org

http://www.savetroydavis.net/


To see AIUSA DC Office's message to Mr.Davis please check out:

http://www.youtube.com/watch?v=TPMCEd00_v4.

See Also;

http://daithaic.blogspot.com/2008/09/stay-granted-for-troy-davis.html

A Death in the state of Georgia

Troy set to be executed today!

In the sad event that there is no intervention today, Troy Davis will be executed by the state of Georgia at 7 p.m.

Please make one last attempt to halt the execution of a potentially innocent man. Call the Georgia Board of Pardons and Paroles and the Georgia Attorney General's Office and urge them to stop the execution.

BOARD OF PARDONS AND PAROLES: 404-657-9350

GEORGIA ATTORNEY GENERAL: 404-656-3300

Mr. Davis' serious claims of innocence, which include the recantation of 7 out of 9 witnesses, have never been heard in court. Further, no murder weapon was found and no physical evidence linked Davis to the crime.

For more information visit: http://www.amnestyusa.org/death-penalty/troy-davis-finality-over-fairness/page.do?id=1011343&n1=3&n2=28&n3=1412

----------------------------------------------------------------------------

Thanks for taking the time to support fairness for Troy Davis. If you have not already done so, please forward this urgent action (http://www.amnestyusa.org/troydavis) to all of your friends.

In solidarity,
The Campaign to Abolish the Death Penalty
Amnesty International USA

Your message was sent to:

Georgia State Board State Board of Pardons & Paroles

I was saddened to learn that you denied clemency to Troy Anthony Davis on September 12, but I recognize that you can revisit this decision at any time between now and September 23. I strongly urge you to do so.

I welcomed your decision to stay the execution of Troy Davis in July 2007. When you issued this decision, you stated that the Board "will 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." In March, the Georgia Supreme Court denied Troy Davis a hearing, so doubts of his guilt will always remain. Please be true to your words of last year and commute the death sentence of Troy Davis.

As you know, Mr. Davis has been on death row in Georgia for more than 15 years for the murder of a police officer he maintains that he did not commit. Davis' conviction was not based on any physical evidence, and the murder weapon was never found. Instead, the case was based solely on the testimony of witnesses, many of whom now allege police coercion, and most of whom have since recanted their testimony. Despite mounting evidence that Davis may in fact be innocent of the crime, appeals to courts to hold a hearing on this evidence have been repeatedly denied for procedural reasons.

This case has generated widespread attention, which reflects serious concerns in Georgia and throughout the United States about the potential for executing an innocent man. Nothing can undermine public faith in a criminal justice system faster than an execution when serious doubts about guilt have not been resolved. The power of clemency exists as a safety net to prevent such an irreversible error and preserve public confidence in the state’s capacity for justice. The integrity of justice in Georgia is at stake in this case, and I urge you to reconsider your September 12 decision and stop the execution of Troy Davis.

Thank you for your consideration.