Troy Anthony Davis
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Troy Anthony Davis
Hello,
An innocent man is scheduled to be executed in Georgia, tonight September 23, 2008, at 7:00pm.
Troy Anthony Davis was convicted for murder of a (white) policeman without any physical evidence, no murder weapon -- all evidence was from eyewitnesses.
Seven (out of nine) of those eyewitnesses have recanted their testimony.
Troy Anthony Davis has been on death row for 17 years. I pray that justice will be done, and someone grants him his life.
(Click on his picture for link to news report)
The other tragedy is that the person who actually killed the policeman, who is named Mark McPhail -- is still out there, and justice has not been served.
An innocent man is scheduled to be executed in Georgia, tonight September 23, 2008, at 7:00pm.
Troy Anthony Davis was convicted for murder of a (white) policeman without any physical evidence, no murder weapon -- all evidence was from eyewitnesses.
Seven (out of nine) of those eyewitnesses have recanted their testimony.
Troy Anthony Davis has been on death row for 17 years. I pray that justice will be done, and someone grants him his life.
(Click on his picture for link to news report)
The other tragedy is that the person who actually killed the policeman, who is named Mark McPhail -- is still out there, and justice has not been served.
Last edited by NeilBlanchard on Tue Sep 23, 2008 8:17 am, edited 1 time in total.
So why dont they just have a re-trial.???
I know what most people outside (and possibly inside) America think of the Police, they are corrupt, incompetent, and probably racist. Ignoring the reasons for being or just being accused of the above, most people dont really trust the police in cases like this.
But this case seems to be a really bad example of crappy US policing and conviction.
There is no material evidence, and 2 witnesses, if this were to go back to court they would have a hard time convicting this black guy of murdering a cop.
However as the US is riddled with black racism against white people I could easily imagine that 7 of those 9 original witnesses are black and have dropped their case as this could be considered another white cop vs black guy thing. If this is the case would anyone be able to shed any light on the matter.
Either way, it is impossible for me to comment a whole lot, as I really dont have a lot of information other than that article, and as I live in the UK I have no idea whether that article is biased or not.
Andy
I know what most people outside (and possibly inside) America think of the Police, they are corrupt, incompetent, and probably racist. Ignoring the reasons for being or just being accused of the above, most people dont really trust the police in cases like this.
But this case seems to be a really bad example of crappy US policing and conviction.
There is no material evidence, and 2 witnesses, if this were to go back to court they would have a hard time convicting this black guy of murdering a cop.
However as the US is riddled with black racism against white people I could easily imagine that 7 of those 9 original witnesses are black and have dropped their case as this could be considered another white cop vs black guy thing. If this is the case would anyone be able to shed any light on the matter.
Either way, it is impossible for me to comment a whole lot, as I really dont have a lot of information other than that article, and as I live in the UK I have no idea whether that article is biased or not.
Andy
Anywhere you have the death penalty, you have to accept that innocent people are going to end up being executed. No conceivable legal system can be free from error.
In the end you have to make a choice - is it better for guilty men to go free, or for innocent men go to jail? Or put more starkly, guilty men get convicted and end up costing the tax-payer a bit of cash, or innocent men end up dead at the hands of those who are supposed to protect the innocent.
In the end you have to make a choice - is it better for guilty men to go free, or for innocent men go to jail? Or put more starkly, guilty men get convicted and end up costing the tax-payer a bit of cash, or innocent men end up dead at the hands of those who are supposed to protect the innocent.
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It's a little more than an hour past his scheduled execution, and a Google News search comes up with no news of whether Troy got a reprieve.
I'm sad about this.
Update: the US Supreme Court has granted a stay:
http://givemeglenn.newsvine.com/_news/2 ... -execution
I'm sad about this.
Update: the US Supreme Court has granted a stay:
http://givemeglenn.newsvine.com/_news/2 ... -execution
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http://news.bbc.co.uk/1/hi/world/americas/7670145.stm
He is back on "death row", and it wont be a long stay.
Has anyone in the US found any more details on this guy, as it seems that either all evidence to prove him innocent is being ignored, or is being rejected because he really is guilty.
Andy
He is back on "death row", and it wont be a long stay.
Has anyone in the US found any more details on this guy, as it seems that either all evidence to prove him innocent is being ignored, or is being rejected because he really is guilty.
Andy
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Hello,
There is no physical evidence (or at least no murder weapon), and seven of nine witnesses have recanted their testimony.
At the very least, this would seem to require a new trial. I am disappointed in the Supreme Court.
http://www.npr.org/newsinbrief/index.html#MT95692840
There is no physical evidence (or at least no murder weapon), and seven of nine witnesses have recanted their testimony.
At the very least, this would seem to require a new trial. I am disappointed in the Supreme Court.
http://www.npr.org/newsinbrief/index.html#MT95692840
http://www.amnestyusa.org/document.php? ... 002&lang=eFormer President Jimmy Carter, Pope Benedict XVI and Nobel Peace Prize winner Desmond Tutu are among those who have expressed concern about the fairness of Davis' trial.
Davis was convicted in 1991 of killing Savannah police officer Mark Allen MacPhail. Authorities failed to produce a murder weapon or any physical evidence tying Davis to the crime. In addition, seven of the nine original state witnesses have since recanted or changed their initial testimonies in sworn affidavits. One of the remaining witnesses is alleged to be the actual perpetrator.
That usually makes a case hard to prove, relying only on witnesses.There is no physical evidence (or at least no murder weapon)
Which is proof enough that there should be a re-trial. I understand that 1 or more of those witnesses said that the police forced their hand. If this is true then that would be a good reason for a re-trial, on the other hand actual reasons why they changed their mind after the original court case would need to be looked into. And if those persons gave a sworn statement in court and have now changed their minds, that is not usually a reason for a re-trial as their original statements will be deemed to be correct as memory fades over time.seven of nine witnesses have recanted their testimony.
But overall I would agree a re-trial would seem to be in order, but that is really dependant on the answers to the above points.
That I dont care about, they are merely people like you and I, with the only difference that they may have more information, and more accurate information to work with.Former President Jimmy Carter, Pope Benedict XVI and Nobel Peace Prize winner Desmond Tutu are among those who have expressed concern about the fairness of Davis' trial.
That is a very interesting piece of news, presumably that person is one of the 2 witnesses that have not changed their minds about who the murderer was.!!!One of the remaining witnesses is alleged to be the actual perpetrator.
Andy
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Hello,
Some more info and discussion on this case and on the death penalty in general:
http://www.npr.org/templates/story/stor ... d=95934085
Some more info and discussion on this case and on the death penalty in general:
http://www.npr.org/templates/story/stor ... d=95934085
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There are so many issues raised in a case like this, let alone debating capital punishment.
I would imagine the Supreme Court is concerned whether the legal system is functioning correctly but without considering trial evidence. (Yes I appreciate evidence is part of the legal system but it would be nuts to expect every appeal/escalation to re-consider every bit of evidence.) For justice to work in this case the statement that "seven of nine key witnesses against him later recanted their testimony" needs to be proven. Were they really key, and either way, they are being presumed guilty of perjury by that statement - why has their perjury not come to court? Equally Georgia's high court have presumably discounted this argument when turning down bids for a new trial?
I absolutely hope any 'good' system of justice preserves the view that folks don't have to prove their innocence (despite recent worrying trends in this country!) Proving perjury of a witness is not proving Davis' innocence, merely proving the original trial was flawed.
Hell - I don't know any of the facts in this case but would be seriously worried about where Davis' lawyers bought their qualifications if they haven't scrutinised the original trial transcript. So assuming they have done that, and yet have failed to convince any superior court as to whatever the standard is for a re-trial, I figure there is blatantly a huge part of the story that is not being told. Or that the US system of justice, despite more lawyers per square inch than most other places, is completely dysfunctional. Which I doubt.
I would imagine the Supreme Court is concerned whether the legal system is functioning correctly but without considering trial evidence. (Yes I appreciate evidence is part of the legal system but it would be nuts to expect every appeal/escalation to re-consider every bit of evidence.) For justice to work in this case the statement that "seven of nine key witnesses against him later recanted their testimony" needs to be proven. Were they really key, and either way, they are being presumed guilty of perjury by that statement - why has their perjury not come to court? Equally Georgia's high court have presumably discounted this argument when turning down bids for a new trial?
I absolutely hope any 'good' system of justice preserves the view that folks don't have to prove their innocence (despite recent worrying trends in this country!) Proving perjury of a witness is not proving Davis' innocence, merely proving the original trial was flawed.
Hell - I don't know any of the facts in this case but would be seriously worried about where Davis' lawyers bought their qualifications if they haven't scrutinised the original trial transcript. So assuming they have done that, and yet have failed to convince any superior court as to whatever the standard is for a re-trial, I figure there is blatantly a huge part of the story that is not being told. Or that the US system of justice, despite more lawyers per square inch than most other places, is completely dysfunctional. Which I doubt.
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Hello,
The US Supreme Court has not yet ruled on whether or not executing an innocent person violates the 8th Amendment: does it rise to the level of cruel & unusual punishment.
Hello! They are so concerned with whether the rule of law has been held in this case, that they have lost sight of justice.
Troy Anthony Davis deserves a new trial, period.
The laws of capital punishment are broken: four people were on death row in Illinois -- after they had been beaten and tortured by police officers. Thankfully the governor -- a Republican had the moral backbone to grant them clemency. And at long last, they will be prosecuting the police officers who committed these crimes, against black suspects as it turns out.
The US Supreme Court has not yet ruled on whether or not executing an innocent person violates the 8th Amendment: does it rise to the level of cruel & unusual punishment.
Hello! They are so concerned with whether the rule of law has been held in this case, that they have lost sight of justice.
Troy Anthony Davis deserves a new trial, period.
The laws of capital punishment are broken: four people were on death row in Illinois -- after they had been beaten and tortured by police officers. Thankfully the governor -- a Republican had the moral backbone to grant them clemency. And at long last, they will be prosecuting the police officers who committed these crimes, against black suspects as it turns out.
Yet another reprieve, but will they actually have another Trial.?
http://news.bbc.co.uk/1/hi/world/americas/7690219.stm
Andy
http://news.bbc.co.uk/1/hi/world/americas/7690219.stm
Andy