Showing posts with label troy davis. Show all posts
Showing posts with label troy davis. Show all posts
Thursday, September 22, 2011
Friday, September 9, 2011
Tuesday, August 18, 2009
Supreme Court Finally Rules on Troy Davis
USA Today reports on the wonderful news which I first read on TalkLeft.
Judge Scalia and Judge Thomas wrote the dissent, which will surprise no one. What is it with those guys?
Justice John Paul Stevens wrote that Scalia and Thomas were wrongly assuming, despite the new information, that Davis was guilty. He said the risk of putting an innocent man to death provides "adequate justification" for a new hearing.
What's your opinion? Is it possible for not one but two Justices of the Supreme Court to be "assuming guilt?" Isn't the whole idea of an appeal like this to not assume anything and look at the facts? It seems like the dissenting judges look more at the facts of the earlier court rulings than the facts presented in the appeal, namely that so many witnesses have recanted.
What do you think? Is Troy Davis on his way to being a free man? What does the fact that he's been within hours of execution say about the capital punishment system?
Please leave a comment.
USA TODAY's Supreme Court correspondent Joan Biskupic reports that the high court, in an exceptional move, has ordered a U.S. district court in Georgia to hear new testimony in the case of Troy Davis, who was convicted of killing an off-duty police officer nearly two decades ago.
Over the dissent of two justice, the Supreme Court said a lower court judge should determine whether new evidence "clearly establishes" Davis' innocence.
Since his jury conviction 18 years ago, seven of the prosecution's witnesses have recanted their testimony about what happened in a Savannah parking lot the night officer Mark Allen MacPhail was shot dead. Some individuals have also said the prosecution's key witness was the shooter, not Davis.
Judge Scalia and Judge Thomas wrote the dissent, which will surprise no one. What is it with those guys?
Justice Antonin Scalia and Clarence Thomas dissented, calling the court's action "extraordinary ... one not taken in nearly 50 years" and asserting that "every judicial and executive body that has examined (Davis') stale claim of innocence has been unpersuaded."
Justice John Paul Stevens wrote that Scalia and Thomas were wrongly assuming, despite the new information, that Davis was guilty. He said the risk of putting an innocent man to death provides "adequate justification" for a new hearing.
What's your opinion? Is it possible for not one but two Justices of the Supreme Court to be "assuming guilt?" Isn't the whole idea of an appeal like this to not assume anything and look at the facts? It seems like the dissenting judges look more at the facts of the earlier court rulings than the facts presented in the appeal, namely that so many witnesses have recanted.
What do you think? Is Troy Davis on his way to being a free man? What does the fact that he's been within hours of execution say about the capital punishment system?
Please leave a comment.
Friday, June 26, 2009
Help Save Troy Davis
The National Coalition to Abolish the Death Penalty is appealing for help to save the life of Troy Davis who has been on Death Row for 18 years for a crime many believe he didn't commit. We discussed the case a few months ago when the Supreme Court refused to hear it. Now it's being reconsidered.
Some of my friends keep pointing out that I seem to be on the side of criminals and against the law abiding. To a certain extent that's true. It works like this. Law enforcement personnel and others in authority should be held to a higher standard, in my opinion. When they abuse their power, in addition to whatever legal or moral crimes may be involved, they're violating the public trust. To me, that's important.
Criminals on the other hand, especially addicted and abused ones, are already operating with two strikes against them. In many cases they're just trying to survive. There's no need to be excessively severe with people like this, except where public safety is at stake. We lose nothing by applying to them the same rules of presumed innocence that everyone's entitled to.
What's your opinion? Please leave a comment.
The Supreme Court of the United States (SCOTUS) is today considering what to do, if anything, regarding the case of Troy Davis, and may issue its decision today, tomorrow, or some think most likely, on Monday, June 29.
As you know, Troy Davis was convicted of murdering a Georgia police officer in 1991. There is no physical evidence tying him to the crime and seven out of nine witnesses have recanted or contradicted their testimony. These seven witnesses must be heard in a new evidentiary hearing. Read an Amnesty International report about this case here.
If you have not yet signed the on-line petition at www.iamtroy.com, please do so now, as these petitions will be printed and hand delivered on Monday morning.
Here's the other thing you can do right now to help save Troy's life:
Please call Georgia's Chatham County District Attorney Larry Chisolm at 912-652-7308 and ask that he reopen Troy's case.
If you are a Georgia or Chatham County resident, please identify yourself on the call as a concerned resident. However, you do NOT need to be a Georgia resident to make the call! We want DA Chisolm to know that Troy has massive support across the country, so make the call yourself, and then please forward this widely and ask everyone you know to make this call.
If there is one phone call you make today, please make it to Larry Chisolm's office.
It's getting down to the wire. This may be the one call you make that can actually save a man's life. 912-652-7308. Please call now.
Some of my friends keep pointing out that I seem to be on the side of criminals and against the law abiding. To a certain extent that's true. It works like this. Law enforcement personnel and others in authority should be held to a higher standard, in my opinion. When they abuse their power, in addition to whatever legal or moral crimes may be involved, they're violating the public trust. To me, that's important.
Criminals on the other hand, especially addicted and abused ones, are already operating with two strikes against them. In many cases they're just trying to survive. There's no need to be excessively severe with people like this, except where public safety is at stake. We lose nothing by applying to them the same rules of presumed innocence that everyone's entitled to.
What's your opinion? Please leave a comment.
Saturday, October 25, 2008
Troy Davis Gets Another Stay
CNN reports that the 11th U.S. Circuit Court of Appeals granted a stay of execution Friday for a Georgia death row inmate who had been scheduled to die on Monday. We discussed this case before here and here. Several things came out in those discussions, like the oft-repeated epithet cop-killer, as if that makes the crime worse, the fact that the stays come sometimes only days or hours before the appointment with the needle, the fact that the victim's family wants "it over," and of course the fact that in this case with so many witnesses recanting, it doesn't take a brain surgeon to figure out there might be an injustice in the making.
On the very interesting site called Death Power we read someone who is not afraid to say simply and clearly what his opinion is. It's captured well in the post title, Thank Goodness - Troy Davis Execution put on hold again.
What do you think? Do I sound unsympathetic towards the victim and his family because I'm trying to support Troy Davis? I'm not unsympathetic really. The questions in this post have little to do with the victim, the murder victim. They have to do with the convicted murderer. Did he get a fair trial? Is it a type of political spinning to call him a cop-killer? Is the victim's family interested in justice or vengeance? Would an execution satisfy them?
Amnesty International Executive Director Larry Cox said in a written statement that the organization was "heartened" to hear of the stay of execution.
"Until this point, the compelling issues in this case have been virtually ignored, leaving Georgia vulnerable to the possibility of killing an innocent man."On the very interesting site called Death Power we read someone who is not afraid to say simply and clearly what his opinion is. It's captured well in the post title, Thank Goodness - Troy Davis Execution put on hold again.
What do you think? Do I sound unsympathetic towards the victim and his family because I'm trying to support Troy Davis? I'm not unsympathetic really. The questions in this post have little to do with the victim, the murder victim. They have to do with the convicted murderer. Did he get a fair trial? Is it a type of political spinning to call him a cop-killer? Is the victim's family interested in justice or vengeance? Would an execution satisfy them?
Wednesday, October 15, 2008
Supreme Court Refuses to Hear Motion for Troy Davis
On the NCADP site (National Coalition to Abolish the Death Penalty), to which I belong as a member, they released the bad news for Troy Davis. It's not only bad news for his, but it's bad news for all of us.
Troy Anthony Davis is currently on death row in Georgia and his execution was scheduled for September 23rd, 2008. Two hours before he was to be killed he received stay from the U.S. Supreme Court pending its decision as to whether it will hear his appeal. On October 14, 2008, the Court denied his request for relief so that his evidence of innocence could be heard in a legal proceeding. Troy Davis' execution may be scheduled at any point and carried out within weeks.
We discussed this case a few weeks ago, here, when the Stay of Execution was granted in practically the last minute.
The same questions persist: if there is any doubt that the sentence is just, shouldn't the government do everything within its power to correct that? With so many witnesses recanting their testimony, doesn't this sound like a case that merits deeper scrutiny?
Also, what benefit is there in carrying out a death penalty anyway? Does it not diminish our cultural and societal advancement? Neanderthals perhaps needed such measures 30,000 years ago, but I really don't think we do. Today the only understandable reason for capital punishment is revenge, and I don't consider that acceptable.
Here's the New York Times report.
The case has led to an outpouring of support for Mr. Davis, largely because seven of nine witnesses against him have recanted their testimony, with two claiming that the police had pressured them to testify against him. Prosecutors presented no physical evidence and no murder weapon, and three witnesses have said another man admitted to the murder.
My opinion is that the death penalty is wrong. But, even for proponents of capital punishment, I would expect the supreme consideration to be the avoidance of a wrongful execution. This could be one of them.
What's your opinion?
Troy Anthony Davis is currently on death row in Georgia and his execution was scheduled for September 23rd, 2008. Two hours before he was to be killed he received stay from the U.S. Supreme Court pending its decision as to whether it will hear his appeal. On October 14, 2008, the Court denied his request for relief so that his evidence of innocence could be heard in a legal proceeding. Troy Davis' execution may be scheduled at any point and carried out within weeks.
We discussed this case a few weeks ago, here, when the Stay of Execution was granted in practically the last minute.
The same questions persist: if there is any doubt that the sentence is just, shouldn't the government do everything within its power to correct that? With so many witnesses recanting their testimony, doesn't this sound like a case that merits deeper scrutiny?
Also, what benefit is there in carrying out a death penalty anyway? Does it not diminish our cultural and societal advancement? Neanderthals perhaps needed such measures 30,000 years ago, but I really don't think we do. Today the only understandable reason for capital punishment is revenge, and I don't consider that acceptable.
Here's the New York Times report.
The case has led to an outpouring of support for Mr. Davis, largely because seven of nine witnesses against him have recanted their testimony, with two claiming that the police had pressured them to testify against him. Prosecutors presented no physical evidence and no murder weapon, and three witnesses have said another man admitted to the murder.
My opinion is that the death penalty is wrong. But, even for proponents of capital punishment, I would expect the supreme consideration to be the avoidance of a wrongful execution. This could be one of them.
What's your opinion?
Wednesday, September 24, 2008
Troy Davis Execution Stayed
CNN Reports that the Supreme Court decided to grant a stay of execution in the case of Troy Davis just two hours before it was scheduled to take place.
Troy Anthony Davis learned that his execution had been stayed when he saw it on television, he told CNN via telephone in his first interview after the stay was announced.
He said he was "thankful to God" for the news that came during an emergency session the U.S. Supreme Court convened.
It seems odd that the condemned man would have to learn this monumental news on television. But, at least it came.
Another thing I'm struck with is the attitude of the family of the victim. This always gets me, what's usually referred to as justice to me sounds like some bizarre bloodthirstiness.
"I am angry as can be. I'm disgusted. It should have been over by now," MacPhail's mother, Anneliese MacPhail, told CNN. "Nobody thinks about what the victims' family has gone through again and again.
"I was hoping it would be over today," she said.
With all due respect to the mother of the victim, I don't think it's true that nobody thinks about the victims' family. I do. Everyone I know does. It must seem that we don't due to the unimaginable grief, but we do. Another thing I don't think is true is that it'll be over with the execution. People often say this, but I'll bet it doesn't work like that. And in this case it's especially sad to hear such talk of vengeance. A number of witnesses recanted their testimony, no weapon was ever found. Just looking at the surface facts, it seems like there's some doubt. In capital cases don't we have to be extra scrupulous? What kind of mentality is this which demands blood atonement for a cop-killing even if they've convicted the wrong man?
The Witness L.A. site has a comprehensive article about the case.
This update from CNN highlights the bitterness of the the MacPhail family over the stay.
Chasinthenews has expressed my sentiments exactly. Although sincerely I feel for the victim's family, putting someone to death won't help especially if there's a chance it's the wrong guy.
The cfnews13 site has this fascinating quote from the 74-year-old mother.
"I don't think there will ever be closure. There's a hole in our heart that will never be healed," she said. "But we just want Mark to rest in peace. And we want to live now. We have just been existing all these years, waiting for the next shoe to drop.
"When it's over, justice has been done. That's the way we feel."
Troy Anthony Davis learned that his execution had been stayed when he saw it on television, he told CNN via telephone in his first interview after the stay was announced.
He said he was "thankful to God" for the news that came during an emergency session the U.S. Supreme Court convened.
It seems odd that the condemned man would have to learn this monumental news on television. But, at least it came.
Another thing I'm struck with is the attitude of the family of the victim. This always gets me, what's usually referred to as justice to me sounds like some bizarre bloodthirstiness.
"I am angry as can be. I'm disgusted. It should have been over by now," MacPhail's mother, Anneliese MacPhail, told CNN. "Nobody thinks about what the victims' family has gone through again and again.
"I was hoping it would be over today," she said.
With all due respect to the mother of the victim, I don't think it's true that nobody thinks about the victims' family. I do. Everyone I know does. It must seem that we don't due to the unimaginable grief, but we do. Another thing I don't think is true is that it'll be over with the execution. People often say this, but I'll bet it doesn't work like that. And in this case it's especially sad to hear such talk of vengeance. A number of witnesses recanted their testimony, no weapon was ever found. Just looking at the surface facts, it seems like there's some doubt. In capital cases don't we have to be extra scrupulous? What kind of mentality is this which demands blood atonement for a cop-killing even if they've convicted the wrong man?
The Witness L.A. site has a comprehensive article about the case.
This update from CNN highlights the bitterness of the the MacPhail family over the stay.
Chasinthenews has expressed my sentiments exactly. Although sincerely I feel for the victim's family, putting someone to death won't help especially if there's a chance it's the wrong guy.
The cfnews13 site has this fascinating quote from the 74-year-old mother.
"I don't think there will ever be closure. There's a hole in our heart that will never be healed," she said. "But we just want Mark to rest in peace. And we want to live now. We have just been existing all these years, waiting for the next shoe to drop.
"When it's over, justice has been done. That's the way we feel."
Tuesday, September 23, 2008
Troy Davis to be Executed
Via the wonderful blog Season of the Bitch, I became aware of the execution of Troy Davis scheduled for tomorrow in Georgia.
The Amnesty International site has the chilling story of a man railroaded for the killing of a police officer.
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.
Did you ever notice how killing a policeman is considered worse than killing any other human person? I find something wrong with that. It reminds me of the sense of inherent privilege and entitlement people sometimes arrogate to themselves. Americans do it travelling abroad. Rich people do it whenever they have to rub elbows with the regular people. Young white males do it all the time. It especially bothers me when policemen do it though. It really comes out when one of them gets killed and the others get talking, using the word they invented for exactly this purpose: cop-killer.
The problem is that cop-killer has become so loaded a term that in places like Georgia, the judges and jurors are often blinded to the fact that justice is being subverted, even justice according to their definition.
The killing must stop. Capital punishment is wrong, not because tomorrow in Georgia they may execute another innocent man, but because it fails to meet the Prime Criterion for killing: defense of self or others. The State has other ways of protecting us from damaged and violent men.
The Amnesty International site has the chilling story of a man railroaded for the killing of a police officer.
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.
Did you ever notice how killing a policeman is considered worse than killing any other human person? I find something wrong with that. It reminds me of the sense of inherent privilege and entitlement people sometimes arrogate to themselves. Americans do it travelling abroad. Rich people do it whenever they have to rub elbows with the regular people. Young white males do it all the time. It especially bothers me when policemen do it though. It really comes out when one of them gets killed and the others get talking, using the word they invented for exactly this purpose: cop-killer.
The problem is that cop-killer has become so loaded a term that in places like Georgia, the judges and jurors are often blinded to the fact that justice is being subverted, even justice according to their definition.
The killing must stop. Capital punishment is wrong, not because tomorrow in Georgia they may execute another innocent man, but because it fails to meet the Prime Criterion for killing: defense of self or others. The State has other ways of protecting us from damaged and violent men.
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