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Supreme Court Rejects Troy Davis Case, Gives Green Light for His Execution

Posted by Liliana Segura, AlterNet at 8:50 AM on October 14, 2008.


An innocent man could die in two weeks if the state of Georgia seeks a new death warrant.
troydavisgraduation
Troy Anthony Davis

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This morning, the U.S. Supreme Court refused to consider the case of Georgia death row prisoner Troy Anthony Davis, giving the go-ahead for his execution. The Court's decision came mere weeks after it blocked Davis's execution at the last minute so that the justices could examine his appeal, something they were scheduled to do six days later anyway. Davis was less than two hours away from the death chamber on September 23, when the Court intervened; it was the second time Davis had come within hours of death; last summer, the Georgia Board of Pardons and Parole granted a temporary reprieve based on overwhelming evidence of his possible innocence. Among other factors, seven out of nine eyewitnesses who testified against Davis at trial have since recanted, with some saying they were coerced by the police. Of the two who have not recanted, one, a man named Sylvester Coles is said by many to be the real murderer.

Troy Davis has been on death row since 1991, having been convicted of the 1989 killing of a white police officer in Savannah, Georgia. Read more about the case here.

The Supreme Court's decision this morning -- in which the judges refused to consider whether executing a potentially innocent person violates the 8th Amendment ban on cruel and unusual punishment -- could mean that Davis will be executed as soon as two weeks from now. He is out of legal avenues, and the Georgia Board of Pardons and Paroles has denied clemency. There is no execution date scheduled yet; the Georgia DA must seek a new death warrant first. Go here for information on what you can do to pressure the state of Georgia NOT to go through with this execution.

Davis has won the support of hundreds of thousands of people worldwide, including President Jimmy Carter, Archbishop Desmond Tutu, and the Pope. Georgia Congressman and Civil Rights icon John Lewis has firmly stated his belief in Davis's innocence; as he told Amy Goodman on the morning of the September execution date, "race is everything in this case."

This is a very sad and grave day in the state of Georgia, in our nation and in the world. A man that could really be innocent -- and all of the evidence tends to dramatize and quantify that this man may go to his death later today as an innocent human being. And when you commit that final decision and later discover that he is truly, truly innocent of the crime that he's been accused of committing, there is not any way to bring him back. I just think it's wrong and it's unfair, and it will be the greatest miscarriage of justice.
Davis's sister, Martina Correia, who has been fighting for her brother for the past ten years, decried the decision. "Oh, God. I think it's disgusting, terrible. I'm extremely disappointed," she said. "Well, we still have to fight. We can't stop."

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Tagged as: racism, death penalty, supreme court, capital punishment, criminal justice system, troy davis, john lewis, martina correia

Liliana Segura is a staff writer and editor of AlterNet's Rights and Liberties and War on Iraq Special Coverage.


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In this case...
Posted by: Gisele on Oct 14, 2008 9:27 AM   
Current rating: 5    [1 = poor; 5 = excellent]
if in the future it's proven that Mr. Davis IS/WAS innocent - Hammurabi Code would be handy as hell to apply. I know, I know we live in enlightened times now don't we?

[5] If a judge try a case, reach a decision, and present his judgment in writing; if later error shall appear in his decision, and it be through his own fault, then he shall pay twelve times the fine set by him in the case, and he shall be publicly removed from the judge's bench, and never again shall he sit there to render judgement.

After reading up on this particular case, there is no way in hell I could convict that man of murder, and then take his life. I'm assuming that the learned judges have done their homework too...which makes the error in this case their own. At the very least it would be proper to remove them from the bench forever. Nor should they be allowed to practice law in any form. Maybe they'd start to take things a lot more seriously, and be willing to dig for the truth if necessary.

So...just how do you make them pay twelve times what they've decided Mr. Davis will pay?

Seriously, it's time civilized societies started taking their judiciary under scrutiny - it's time to restructure things folks. How many innocent people have already been put to death, some knowingly I'd bet.

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» Who guards the guards? Posted by: manatthewindow
» but that!..never happens, Posted by: donl51
Injustice for Troy Davis.
Posted by: Danomacnamarrah on Oct 14, 2008 9:46 AM   
Current rating: 5    [1 = poor; 5 = excellent]
I have been writing about the plight of Mr. Davis for a short while. I am absolutely appalled by the Court's ruling. It's bad enough that country still believes that the Death Penalty is reasonable. But the fact that most people who are sentenced to death are African-American, Southern men, who are poor and often have diminished mental health or are mentally challenged.

I'm not particularly religious, but I'm praying for a miracle right now. Or else this will be a case where not one, but two innocent men lose their lives. If we don't all step up now, Mr. Davis will be electrocuted within a fortnight.

[« Reply to this comment] [Post a new comment »] [Rate this comment: 1 - 2 - 3 - 4 - 5]

The Actual Murderers Will Go Free
Posted by: QQOblivion on Oct 14, 2008 10:01 AM   
Current rating: 5    [1 = poor; 5 = excellent]
In my opinion, those police officers who coerced witnesses to lie are accomplices to the MURDER and false imprisonment of Troy Davis, if things are as they appear.

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That's our Supreme Court....
Posted by: g on Oct 14, 2008 11:37 AM   
Current rating: 5    [1 = poor; 5 = excellent]
Protect life. In the womb. Once it's out, it's fair game.
I wish there was a hell so they could rot in it. I cannot believe we are forced to call them 'justices' when they are anything but. I want to puke.

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THEY'RE GONNA SCARE THE GUY TO DEATH
Posted by: VZEQICVA on Oct 14, 2008 1:21 PM   
Current rating: 5    [1 = poor; 5 = excellent]
It's wrong to drag this out, after 17 years the poor guy is being tortured. Doesn't anyone consider that 7 witnesses changed their testimony. The proof that originally convicted Davis is gone. Is it so hard to be wrong? Anna

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Facing The Death Penalty
Posted by: johnjmccarthy on Oct 15, 2008 6:11 AM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
I have faced the death penalty for a crime I did not commit--and I am still pissed about it.

I have faced death numerous times in two combat tours in Vietnam, unlike those who sat in judgement of me.

Fortunately for me, the government's primary expert witness recanted his testimony; that which compelled the jury to convict.

The problem deepened when the recantation was secreted from me and my attorneys in a filing cabinet of the man who performed the autopsy on JFK in November of 1963, and later testified before the Warren Commission (not unlike the 911 Commission) to allow for the "Magic Bullet" theory to tag Oswald as the lone gunman, thereby precluding the possibility of a conspiracy in the assassination. Nice try. That was then and this is now.

How can things happen like this in Amerika, you ask yourself?
http://johnmccarthy90066.tripod.com/id1.html

We have a fortnight to find 'exculpatory evidence' in this most current case.

What are the chances? You count the zeros.

I had the opportunity to provide the judge at my trial with the news that my case had been overturned thirty five years after the fact. His response? "On what grounds?!!! He went silent when advised of his 'friend of the courts' recantation which was viewed by the court of appeals as "newly found evidence and fraud on the court". He was not surprised to know that the entire episode was tainted by an ongoing rogue CIA operation of treason in wartime.

The judge had a heart attack and died within a month at age 84.

What will the 'supremes' do, if and when exculpatory evidence surfaces in this looming death penalty case? The fact that it does surface will be moot because the defendant will be dead, just like the so called justice system in Amerika.

It's not comforting to know that being innocent of a crime has no bearing on justice.

Are you next?

Welcome to the New Third World Order.

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The right to refuse
Posted by: chiefwanadubie on Oct 15, 2008 6:20 AM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
I planted marijuana publicly in my yard, to get a case in the supreme court!!! However they refused to hear my case, and the circuit court refused to allow me the right to use the constitution as my defence!!! THEREFORE I WAS DENIED THE CONSTITUTION/ BILL OF RIGHTS ALL TOGETHER!!! THAT IS NOTHING SHORT OR TREASON!!! I REFUSE TO ACCEPT THEM AS SUPREME ANY LONGER, AND I CALL ON THE SUPREME BEING, TO SHOW THEM THE MEANING OF SUPREME---JUST!!!

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What a disgrace
Posted by: Schroeder on Oct 15, 2008 7:23 AM   
Current rating: 5    [1 = poor; 5 = excellent]
We are all diminished by this unreasonable decision in refusing to hear this case. What a bunch of hypocrites! Justice refused is no justice whatsoever and that is the fate of Troy Davis. I've written to the Georgia Board of Pardons to request that they reconsider this decision as they have the ability to do so.

How can anyone view this decision as a 'righteous' decision? I urge everyone to go to the website: amnestyusa.org/troydavis and do everything you can do to stop this horrible injustice.

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It's more of us
Posted by: Romantic Violence on Oct 15, 2008 7:30 AM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
It's more of us than 'them'. Thomas Jefferson once remarked that God forbid that this "country not see a revolution every 30 years". In light of what decisions have been made in spite of what the people want and demand; reference to justice for Troy Davis, the recent approval of the 'bail out', and more importantly, the deployement of an active combat military unit in the US to be used for 'crowd control' in violation of Posse Comitatus and the Insurrection Act. All of this and more in spite of what the people have demanded, we don't need reform. The Troy Davis case is just the tip of the corroded political iceberg. A Russian proverb states that the 'fish rots from the head down'. We bear witness to institutional arrogance and open comtempt for the people. We don't need reform. We need a revolution.

1789

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Finally Justice for Mark Allen MacPhail
Posted by: Mark Allen MacPhail on Oct 15, 2008 8:17 AM   
Current rating: 1    [1 = poor; 5 = excellent]
You guys don't have a clue.............it's a good thing you live in America where you can say whatever dumb things you want to say without any consequences.
I was in the court room when the witnesses testified against Davis. They were sure! (I'm the dead officer's sister)
The recantings are not believable, because it worked liked this:
They gave their statements and then 2 YEARS later they testified in court validating their written statements. 2 years time passed and their testimony did NOT change. It was only several years later did they decide they might have reservations on what they said. C'mon...................If you could pick a time that the witnesses should be believed, when would be? The time of the crime, 2 years later when they swore under oath they were telling the truth or many years later when they decide they may not be sure?
Troy Davis has run through every single possible defense in an effort to get out of this:
He has claimed, failure of due process, poopy attorney, failed to blame another earlier because “he didn’t want to be a snitch”, he has been railroaded re: a racial thing, he is innocent and all of those eye witnesses were wrong, now all of the witnesses are correct since they are recanting. The question reverts back to how innocent is a man pistol whipping an unarmed homeless guy for a can of beer at 1:00am?
There WAS blood evidence, in 1989 there was no DNA testing available, when the prosecution (not the defense) insisted on testing the old blood, it was degraded and the sample was used up in the test. So no results were generated. The blood came from Troy Davis’s shorts that were found in his mother’s washing machine. How many folks do you know that wash clothes between 1:00am 6:00am? The earlier shooting that Davis committed (he was involved in 2 that night) resulted in the same ballistic match as the ammo at the Police Officer's murder, while Troy was the common denominator at both locations. Go to the website for ALL of the facts. Ever wonder why the defense doesn't offer facts on their website?
These recanting witnesses have been interviewed by the Pardons and Parole Board and apparently found lacking in credibility.
http://www.markallenmacphail.com

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» Oh to LIve and Die in Dixie Posted by: schiffer
If you've been wondering
Posted by: willymack on Oct 15, 2008 12:55 PM   
Current rating: 5    [1 = poor; 5 = excellent]
About what depths we've sunk to in this country, just look at the not-so-supreme court condoning what is essentially murder. Life-at least American life-is cheap in their eyes. It's time to abolish the death penality, again.

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Roman Catholic Majority on Court
Posted by: fg on Oct 16, 2008 5:30 PM   
Current rating: Not yet rated    [1 = poor; 5 = excellent]
Since the Roman Catholic Church is against the death penalty, isn't it to be expected that a court with a Roman Catholic majority will vote for it?

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