Action Alert: Tomorrow Georgia May Execute An Innocent Man
Via The New York Times:
Though prosecutors have considered the case solved for nearly two decades, a chorus of eyewitnesses say the police arrested the wrong man. Now, on the eve of execution, scheduled for Tuesday, they have joined his family and his lawyers in an effort to get the courts to hear new evidence they say proves he is innocent.
With no physical evidence — the murder weapon was never found — prosecutors relied heavily on the testimony of nine eyewitnesses who took the stand against Mr. Davis.
But since his trial, seven of the nine have recanted or changed their testimony, saying they were harassed and pressed by investigators to lie under oath. Other witnesses have come forward identifying a different man as the shooter.
But because of a 1996 federal law intended to streamline the legal process in death penalty cases, courts have ruled it is too late in the appeals process to introduce new evidence and, so far, have refused to hear it. Read more...
More on this story from The Washington Post and AJC.com.
Call the State Board of Pardons and Paroles, and ask them to grant clemency to Troy Davis: 404-651-6599
(Many thanks to James Rucker from ColorOfChange.org)


Thank goodness, he's been given a 90-day suspension.
This is why I'm firmly against the death penalty. There has been a huge number of innocent people released in the last several years and I think it would be beyond incredible if at least one innocent person has not been executed. In my book one is one to many.
Watch today's Democracy Now for a full background on his case.
That number listed is not in service.
they don't appear to be taking any more calls.
numfar - where did you hear that he had been granted a 90 day suspension?
http://www.huffingtonpost.com/huff-wires/20070716/georgia-execution/
Not willing to bypass some bureaucratic horseshit to spare a mans life? What the fuck is wrong with you people?
This statement was released this evening from the Georgia Board of Pardons and Paroles:
Today the State Board of Pardons and Paroles met to hear a clemency request from the attorneys representing condemned inmate Troy Anthony Davis. After considering the request, the Board voted to grant a stay not to exceed 90 days, for the purpose of evaluating and analyzing the evidence provided during the Board appointment.
We are a nation of laws.
Human Life is well, a commodity, if not entertainment.
huh? the execution was stayed for 90 people.. like this morning..
This is the problem with the death penalty. There is never an excuse to execute an innocent person. Proponents for the death penalty consider a wrongful execution as "collateral damage" unless it's a family member or a friend that has been wrongly convicted and sentenced to die.
The death penalty is uncivilized and barbaric and we as a nation are still living in the dark ages.
Kill, Kill, Kill, Kill the Poor
Kill, Kill, Kill, Kill the Poor
Kill, Kill, Kill, Kill the Poor Tonight
When you have a death penalty, you must accept the inevitability of executing the innocent. I've always found it beyond ironic that Conservatives who claim to distrust government, trust the state absolutely to always get it right when it comes to the death penalty/
Here's an AP story on the 90 day stay.
For every O.J. that is set free, how many innocent are found guilty?
Salmineo @ 9:
interestingly enough, public executions were a form of entertainment in the US history.
And another thing, if anyone deserved to be executed, it should be the people responsible for outing a covert CIA agent. This very act of treason which jeopardized our national security and probably caused the death of others is one that deserves the ultimate punishment - death by hanging, in a public square. But no, we prefer to execute black men and leave the lily white men free to continue with their crimes against this nation.
If you are going to execute someone, and I think you never should, but if you are, and you have little or no real evidence, then at least give the poor person a real polygraph test before killing them. If they fail that, and it should be given by the FBI, then at least you have at least some indicator. I wish that we would catch up with the civilized world and stop killing people, but until then, give them a polygraph test, and if it shows some doubt that they are really guilty, at least let them live.
...
America is one sick place. No wonder the civilized industrial world sees America as the new threat to humanity and enlightenment.
We're working on updating the post now.
I don't know, maybe they should fry him, he looks like a killer.
Just look how black he is.
About that 1996 federal law intended to "streamline the legal process in death penalty cases"
One of Davis' major obstacles has been the federal Antiterrorism and Effective Death Penalty Act (AEDPA), legislation championed by former House Speaker Newt Gingrich as part of his Contract with America and signed by former President Bill Clinton. The act was passed in 1996 as a way of reforming what Gingrich called "the current interminable, frivolous appeals process." Its major provisions reduced new trials for convicted criminals and sped up their sentences by restricting a federal court's ability to judge whether a state court had correctly interpreted the U.S. Constitution. -- http://www.time.com/time/nation/article/0,8599,1643384,00.html?cnn=yes
Thanks again Newt "Justice delayed is justice denied" Gingrich. (And a sarcastic thanks to Time and WaPo for writing the article so it can be blamed on Clinton.)
Streamlining or railroading? Can't tell the difference.
Most of the civilized world rejects the death penalty while we join the axis of evil and allow it. What a country.
very sad.
[deleted]
When do you think you might join the 21'st century.
I can't believe you call yourselves civilized!
Take it down a notch.
The people responsible for knowingly taking a mans life when there is a strong possibility that he might be innocent. should be prosecuted for murder. If that's not possible should be shot.
Hell, had then been Mississippi, there wouldn't be such a messy controversey because we would have fried his butt a decade ago.
All this Politically Correct treatment the minorities get sickens me.
This is the south damnit, we don't need this crap.
seamus @ 17:
The Polygraph is a fraud. It does not work. Read up on it at wikopedia:
http://en.wikipedia.org/wiki/Polygraph
The first problem with capital punishment is that innocent people are inevitably executed. A disproportionate number of them are visible minorities and/or poor. There is a statistically greater likelihood that the death penalty will be imposed on visible minorities (draw your own conclusion).
Additionally, the cost of competent legal services is prohibitive (just like medical care for the uninsured). The slack is not taken up by public defenders. While many PDs are hardworking, capable lawyers, many others are burned out or ineffective and all suffer from overwork. There are several accounts of lawyers falling asleep in court during serious criminal trials. (Hell, there are even accounts of defence lawyers arriving drunk).
Another problem with capital punishment is that it doesn't work. In general, people who commit crimes either are not thinking about consequences (crimes of passion, drug fuelled rage, etc.) or simply do not expect to get caught. (People who expect to get caught are much less likely to commit crimes).
Since at least the mid-80s, social scientists have done studies showing that, over the long and medium term, increasing punishment has far less an impact on crime rates than does increasing the perception that the likelihood of getting caught is greater. (It does not have to be reality, the perception is sufficient). Hire more cops and abolish the death penalty.
Finally, on a personal level, I am simply unwilling to trust other citizens with the power to sentence people to death.
Thing Fish @ 20:
Clinton signed it didn't he? F**K Gingrich. F**K Clinton.
It looks like his execution has been delayed from stories I'm reading. Is this true?
This guy has been in jail twenty years?
And they just start questioning now?
How do we have a Federal Administration that celebrated a "sanctity of life day", but have death sentence cases streamlined?
Canuk,
Way to go - use ignorant generalities to attack the people who agree with you, while acting as though your nation is somehow above reproach.
I guess its OK to do that, if the AP can call Troy Davis a "condemned killer" in their headline -- despite the fact that very characterization is deeply in doubt.
Still, I won't stoop to that same level by responding with an insult directed at your fellow citizens for (your) actions they had no part of.
Amy Goodman interviewed Taylor's sister; Martina Correia, this morning before she went before the parole board. It is about 30 minutes.
http://play.rbn.com/?url=demnow/demnow/demand/2007/july/video/dnB2007071...
I mean Davis. Not sure where Taylor came from.
I don't mean to be callus, and I'm NOT. I feel for this man. But in the grand scheme of things, this is another distraction. It only makes it to the front page of the msm when it's intended to effect you in a certain way at a certain time.
Kay @ 31:
We eat our hypocrisy with apple pie, baby - this is America! USA! USA! USA!
Deighved H. Stern, M.D. @ 32:
I will! Your country's a bunch of hosers, eh! You're probably a newfie.
It was sad hearing how Troy's sister's battled breast cancer the last 7 years
So let me get this right, the state goverments are the one's who decide whether a man is innocent or guilty, then whether or not he can live or die; are these the same people who run the DMV?
Deighved H. Stern, M.D. @ 33:
We don't kill inmates.
We don't destroy countries and kill hundreds of thousands of innocent people.
We have credibility around the world.
We take responsibility for our actions and the actions of our government.
And we love our Newfies!
How about you?
He's black he must be guilty so kill him.
Howw sad it must be to be Born in The USA :(
Snowball @ 27:
No thanks.
Wikipedia is subject to much fraud. So if you are on death row, and the are about to execute you, you would still not want to take a polygraph test to have one last chance to save your life. I would. That is all I proposed, in never claimed that the polygraph was perfect, so go back and read what I actually suggested, instead of attaching your silly wikipedia rubbish to my comments.
....
Oh gee...this is Georgia and he's black. What a shocker. Thank heaven some sense has prevailed and he has been given that 90 day stay of execution. No matter what one may think of the death penalty, this case screams of not being proven beyond a reasonable doubt.
yeranalyst @ 29:
Clinton signed it didn't he? F**K Gingrich. F**K Clinton.
Yes, Clinton could've vetoed it. Republicans had majority in House and Senate but not a veto proof majority.
I do think there's a difference level of culpability between those who wrote, promoted, and passed this legislation and Clinton's signing it. Probably need to add F**K, to me and any like me who were eligible to vote back then. But didn't raise my voice against it.
Excuse me but there's a phone call I have to make...
Anyone below the Mason-Dixon line is subject to the worst "legal" ignorance in the country.
What a terrible terrible injustice.
Let's all make it political and pressure whoever his Governor Hoo-Ha is. Even in the face of rescinded eyewitness testimony, no real evidence or dna, I swear they circle-jerk at executions in the south. They DIG IT. No doubt a republican-run state, is it?
Snowball @ 13:
And all the while they rail against the liberal "culture of death."
Its great to see such a solid consensus against the death penalty.
Dig your selves and your compassion and humanity.
http://www.huffingtonpost.com/huff-wires/20070716/georgia-execution/
The state Board of Pardons and Paroles on Monday granted a stay of execution of up to 90 days to Troy Davis, 38, who was convicted of killing a Savannah police officer in 1989.
Trent Lott @ 21:
Hahaha!
To right-wingers, an embryo is worth more than an actual, y'know, "developed" human being. Just another example of their fucked-up priorities.
Trent Lott @ 27:
You sick bastard
Thank you Amy for the press coverage of this incredible incident of injustice. It should be so clear to people of color exactly what is in store for us as we move further along with this administration that have been licking their chops to get control of our government to promote this kind of hell on people of color and to be so evil as to not even give any press coverage as there will be thousands of people, all colors that will be standing up against this injustice as we are forced to watch those of white decent violate crimes that they are actually guilty of and not even have to worry about the laws of this land because they are exempt.
This man deserves another trial at the very least and anyone with common sense can see this and for all of the bible toter's of America, that do not seem to even be effected by this injustice.
Dame all of you
moonsha @ 35:
Quick, give him a white makeover, enroll him at Duke and get him on the laccross team. It may be the only chance he has.
This might be another Florida vs. Butler case (Murder on a Sunday Morning), whereby the cops were lazy to find the real killer and targeted an AA a sheep walking by that morning.
I can understand the dilemma this man is going through just now. Folks, study the Florida vs. Butler case and learn more about the racism at play in the crjs.
Between the death penalty (which is a institutionalized murder and barbaric, no matter the crime), the absence of universal healthcare and a strong tendency to believe that somehow Americans "have God on their side" and have moral authority to police the world in any way it choses, including by waging "pre-emptive wars" .... no wonder it is getting harder and harder to proclaim one's love for your otherwise great nation here in Europe.
Please, do vote right in '08 because we are really counting on you.
And once you elect a competent leader (what a change) instead of the guys who you might drink a beer with, demand that he/she implements the basic reforms that would truly enable the US to become a civilized country : intelligent and contsructive foreign policy, responsible attitude and leadership in dealing with the climate crisis, the abolition of death penalty, healthcare coverage for every one and a decent education because it all starts here.
PS : and don't let the elections be stolen for the 3rd time, dammit!
The death penalty should be eliminated based on 10-25% of the prison population is convicted by false or inaccurate &/or twisted police/federal gov testimony & investigations.
It is interesting that the psychological profile of the police, judges & attorneys is the same as the men/"criminals" in jail.....personally i have more respect for the criminals than our politicians & law enforcers,.....the "criminals" on the street are usually not in self-denial of their actions and more honest with their intentions to take my stuff or kill me.
Christians should not that it appears to me that the death penalty was done away with by the messiah they call Jesus/Yeshua (his God given name), consider the woman they were going to stone to death....apparently many others were guilty of terrible stuff too and the only one left was JC/Yeshua himself. For those who believe in demons and possession, don't u think that it is the "Christians" job to pray for the possessed man to be delivered of such so that he can have the opportunity to be "born again" with a new spirit in Yeshua?.....remember JC said "father forgive them they do not know what they do"!
Do u know that it takes $5-10 million dollars to get a thoroughly investigated & fair trial in America?......i trust & pray that the truth comes out with the new evidence & it is wonderful that some one (all of us) has enough conscious to put this mans execution on hold and reconsider the "evidence"
maybe if his name was I. Troy "Skooter" Davis, UU. could ...
WHAT DO YOU EXPECT, IT'S GEORGIA
I oppose the death penalty, but if we're going to have one then:
Guilty beyond a reasonable doubt as necessary for conviction
Guilty without any doubt as necessary for execution.
Exactly.
I may be naive, but in a death penalty appeal where most of the 'eyewitnesses' have recanted and there is no physical evidence connecting him to the murdrer (hello CSI), then shouldn't it be pretty straightforward to order a new trial?????
mister mix @ 16:
oh, come on now, that's hardly a staple of the United States.
ddb @ 63:
you'd think. that's why i believe these people have trouble admitting they are wrong and are very trigger happy with the death penalty.
pissed canuck @ 42:
we here at C&L are working to stop that and actively condemn it. yet you use that to insult us...
JK @ 61:
This is the same state where not too long ago a Democratic governor lost his re-election bid because he was successful in getting the confederate battle flag removed from the Georgia state flag. Georgia is a backwater and Atlanta, which calls itself "The city too busy to hate", is little more than a big country town.
Ruthless People @ 67:
...I''ll be surprised they're not throwing a rope over a tree limb this very minute.
While "effective death penalty provisions" were certainly part of Newt's 1994 Contract with America, the bombing of the Oklahoma City Federal Building in 1995 was the critical impetus for motivating a broad coalition of Republicans and Democrats to draft and pass AEDPA. Bill Clinton was a supporter, not a passive observer to this process. There is plenty of blame to go around. Bill Clinton has always been pro-death penalty. Have we forgotten Ricky Ray Rector?
It's more important to save money than to get it right.
I like to call it the MBA Theory of Jurisprudence or perhaps "No Dollar Left Behind" Justice.
Hey, it's the GOP way. THEY were in the majority when crap like this was promoted and put forward.
And in this case, it's worked perfectly. What's the big deal, in their opinion, so we kill a couple of black guys by mistake, the system is more "efficient".
So what ? -- We attacked - invaded and occupied an ENTIRE COUNTRY that did nothing to us. We support and supply a ruthless violent military occupation FOR JEW ONLY - for the past 40 years. What is one more innocent death? Its America's tradition!
Curiosity seekers that left a "pool hall" where there had to be drinking, turned out to be witnesses in a murder trial? That does not make sense!! Where's the evidence? Eye witness testimony is not reliable. Isn't a defendant "presumed innocent" at the onset. Sounds like there was a "rush to judgment".
\
Can anyone say Herrera v Collins?
Chief Justice William Rehnquist’s majority opinion held that a claim of actual innocence based on newly discovered evidence did not state a ground for federal habeas relief. Herrera had claimed that, because the new evidence demonstrated innocence, his execution would violate the Eighth Amendment’s ban on cruel and unusual punishment which applied to the states through the Fourteenth Amendment. Rehnquist’s opinion noted that “[f]ew rulings would be more disruptive of our federal system than to provide for federal habeas review of freestanding claims of actual innocence.”
http://en.wikipedia.org/wiki/Herrera_v._Collins#The_decision
Liberal AND Proud @ 70:
Actually, with the American "justice" system, it's more important to follow the defined process than to get it right.
Where is Bush on this? When it came to Terri Schiavo he said (via a spokesperson) "When there is a complex case such as this, where serious questions and doubts have been raised, the president believes we ought to err on the side of life."
Guess that doesn't apply to someone convicted of a crime, right George?
Of course not. Bush can't admit that anyone innocent could possibly risk execution. Then he'd have to reconsider his blind assertion that Texas never executed anyone innocent while he was governor.
Snowball @ 15:
I don't worry about the OJ's. I worry about the Ken Bianchis.
ddb @ 63:
Maybe he should join the Republican party.
Swashbuckler @ 75:
Where is Bush? This guy's the wrong color for one thing.
They'll eagerly kill an innocent man on a technicality but a mass, serial murderer like Bush gets the world on a silver platter.
Oh, wait, I forgot that defenseless black folks don't rate justice in the new Amerika. The only ones who rate a break are those who are above the law - like Bush or Libby or Cheney. this brave new world takes some getting used to.
courts have ruled it is too late in the appeals process to introduce new evidence and, so far, have refused to hear it.
When a person's life is at stake, it should never be too late to introduce new evidence. Just as there is no statute of limitations on homicide cases, there should be no statutory limit placed on when new evidence can be introduced. In capital cases, as long as the sentence is still pending, the window of opportunity for introducing evidence should always remain open.
Ruthless People @ 79:
And he's not a fetus, or a "fallen" evangelical.
Professor Farnsworth @ 66:
Not an insult.
Just trying to light a fire.
If your governments garbage didn't stink up everyones backyard around the world,
no-one would give a crap.
We are helpless and relying on an apathetic American population to right the wrongs.
Get off your asses and DO SOMETHING!
Aughhhh....twenty years of a man's life wasted behind bars. So sad. Well, I hope the rich white guy that is in cell next to him on death row gets a fair shake, too.
Oh, wait! Silly me! WHAT rich white guy on death row????
HAR HAR HAR! That's a good one!
How many of you have seen the movie "Paridise Lost?" It's the true story of how three goth-type teens got railroaded for the brutal murders of two young boys. It shows how bias the (in)justice system is--especially in the South. The "West Memphis Three" were singled out because they were different--read non-Christians. The local authorities found them guilty with little or no evidence. The police and prosecutors have refused to acknowledge that they are innocent even though now that the evidence has been gone over more closely, it's obvious that they didn't do it.
One of the guys is still on deathrow!
www.wm3.org
EZ @ 57:
I live in Savannah, where this took place, and that area is still rife with crime and murder. Now I wasn't here 20 years ago, but the cops now are stretched to their limits and severly underpaid here. We spend more on making the city pretty for the tourists who come to eat at Paula Deen's restaurant than we do on making it safe for the residents, or getting our children through school for that matter. The old boy network at work here is so f**king sick.
Yet another reason to ban the death penalty. How do people live with themselves (whether they testified or are upholding some bullshit legal process) when they condemn a man to die when he very well may be innocent??? How do you point the finger at someone when you're not sure??? I don't care if they were "pressured." What a bunch of spineless low-lifes.
It is reasons such as this case why the death penalty should be banned. Our judicial system has serious flaws and if only ONE person is innocently put to death for a crime he/she did not commit then the system is broken. Until it is fixed the death penalty should be banned! The number to the department of pardons and paroles is valid: Call the State Board of Pardons and Paroles, and ask them to grant clemency to Troy Davis: 404-651-6599
The idea that someone's innocence should be inadmissable is obscene. It's the epitome of a justice system that's authoritarian versus just. It's good news the execution was stayed, but it's ridiculous it's gone this far.
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