COMMENTS: 18
Troy Davis Deserves a New Trial
September 25, 2008 |
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Davis was charged with killing Mark MacPhail, an off-duty police officer, in Savannah, Ga., in 1989. Davis had gone to the aid of a homeless man who was being pistol-whipped in a parking lot. Seeing the gun, he said he fled. MacPhail, working security nearby, intervened next, and was killed. Davis, an African-American, claimed his innocence, but was found guilty and sentenced to death. Since his conviction, seven of the nine non-police witnesses have recanted their testimony, alleging police coercion and intimidation in obtaining their testimony. By coming forward and recanting, they face serious repercussions, possibly jail time. Some have identified a different man as the shooter. This man is one of Davis' remaining accusers.
In July 2007, Davis faced his first execution date. Just a day before he was to be executed, the Georgia Pardons Board granted a stay of execution for up to 90 days. Then, Davis' attorneys argued before the Georgia Supreme Court for a retrial or for a hearing to present new evidence. The requests were denied, by a 4-to-3 vote. In the same period, the U.S. Supreme Court was weighing whether death by lethal injection constituted cruel and unusual punishment (the court ultimately allowed its use).
The U.S. Supreme Court will consider Monday whether it will take on Davis' case. If it decides not to, he very likely will be executed.
Among Davis' defenders is former President Jimmy Carter. He said: "This case illustrates the deep flaws in the application of the death penalty in this country. Executing Troy Davis without a real examination of potentially exonerating evidence risks taking the life of an innocent man and would be a grave miscarriage of justice." Georgia Congressman John Lewis also supports Davis. I spoke with Lewis at Invesco Field in Denver, just before Barack Obama's acceptance speech. It was 45 years to the date after the March on Washington and Dr. Martin Luther King Jr.'s "I Have a Dream" speech.
Lewis recalled that historic day: "We were in Washington, more than 250,000 of us, black and white, Protestant, Catholic, Jews, people of different background, rich and poor. ... In many parts of the South, people could not register to vote, simply because of the color of their skin. And we changed that."
Yet this week, in light of Davis' plight, Lewis told me: "In spite of all of the progress that we've made as a nation and as a people, we still have so far to go. The scars and stains of racism are still deeply embedded in every corner, in every aspect of the American society." He went on to say, when I pointed out that Sen. Obama himself supports the death penalty: "It is troublesome. You know ... someplace along the way, some of us must have the courage to say -- and I'm moving closer and closer to this point -- that in good conscience, I cannot and will not support people who support the death penalty. I think it's barbaric, and it represents the Dark Ages. .... I don't think as human beings, I don't think as a nation, I don't think as a state, we have the right to take the life of another person. That should be left for the Almighty to do."
The death penalty is a noxious and racist practice. According to the NAACP Legal Defense Fund, of more than 3,300 people on death row in the U.S., over 41 percent are African-American -- more than three times their representation in the general population. According to the Death Penalty Information Center, since 1973 there have been 130 people exonerated -- people wrongly sentenced to death -- in 26 different states, including five exonerated on death row in Georgia. Evidence even suggests that at least four innocent people have been executed in recent years. There is no physical evidence in the Troy Davis case. After the stay was announced, Davis asked his mother to have people pray for the MacPhail family, and to keep working to dismantle this unjust system. He told her he wouldn't be fighting this hard for his life if he were guilty. This is a case of reasonable doubt. Troy Davis deserves a new trial.
Amy Goodman is the host of the nationally syndicated radio news program, Democracy Now!
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Quotes from witness affidavits recanting their testimony
Posted by: fanny666 on Sep 25, 2008 12:50 PM
Current rating: Not yet rated [1 = poor; 5 = excellent]
Posted by: fanny666 on Sep 25, 2008 12:50 PM
Current rating: Not yet rated [1 = poor; 5 = excellent]
Kevin McQueen
The truth is that Troy never confessed to me or talked to me about the shooting of the police officer. I made up the confession from information I had heard on T.V. and from other inmates about the crimes. Troy did not tell me any of this... I have now realized what I did to Troy so I have decided to tell the truth... I need to set the record straight.
Monty Holmes
I told them I didn't know anything about who shot the officer, but they kept questioning me. I was real young at that time and here they were questioning me about the murder of a police officer like I was in trouble or something. I was scared... [I]t seemed like they wouldn't stop questioning me until I told them what they wanted to hear. So I did. I signed a statement saying that Troy told me that he shot the cop.
Jeffrey Sapp
I got tired of them harassing me, and they made it clear that the only way they would leave me alone is if I told them what they wanted to hear. I told them that Troy told me he did it, but it wasn't true. Troy never said that or anything like it. When it came time for Troy's trial, the police made it clear to me that I needed to stick to my original statement; that is, what they wanted me to say. I didn't want to have any more problems with the cops, so I testified against Troy.
Dorothy Ferrell
From the way the officer was talking, he gave me the impression that I should say that Troy Davis was the one who shot the officer like the other witness [sic] had ...I felt like I was just following the rest of the witnesses. I also felt like I had to cooperate with the officer because of my being on parole ... I told the detective that Troy Davis was the shooter, even though the truth was that I didn't see who shot the officer.
Darrell "D.D." Collins
After a couple of hours of the detectives yelling at me and threatening me, I finally broke down and told them what they wanted to hear. They would tell me things that they said had happened and I would repeat whatever they said. ...It is time that I told the truth about what happened that night, and what is written here is the truth. I am not proud for lying at Troy's trial, but the police had me so messed up that I felt that's all I could do or else I would go to jail.
Larry Young
I couldn't honestly remember what anyone looked like or what different people were wearing. Plus, I had been drinking that day, so I just couldn't tell who did what. The cops didn't want to hear that and kept pressing me to give them answers. They made it clear that we weren't leaving until I told them what they wanted to hear. They suggested answers and I would give them what they wanted. They put typed papers in my face and told me to sign them. I did sign them without reading them.
Antoine Williams
They asked me to describe the shooter and what he looked like and what he was wearing. I kept telling them that I didn't know. It was dark, my windows were tinted, and I was scared. It all happened so fast. Even today, I know that I could not honestly identify with any certainty who shot the officer that night. I couldn't then either. After the officers talked to me, they gave me a statement and told me to sign it. I signed it. I did not read it because I cannot read.
Robert Grizzard
I have reviewed the transcript of my testimony from the trial of Troy Davis... During my testimony I said that the person who shot the officer was wearing a light colored shirt. The truth is that I don't recall now and I didn't recall then what the shooter was wearing, as I said in my initial statement...
The truth is that Troy never confessed to me or talked to me about the shooting of the police officer. I made up the confession from information I had heard on T.V. and from other inmates about the crimes. Troy did not tell me any of this... I have now realized what I did to Troy so I have decided to tell the truth... I need to set the record straight.
Monty Holmes
I told them I didn't know anything about who shot the officer, but they kept questioning me. I was real young at that time and here they were questioning me about the murder of a police officer like I was in trouble or something. I was scared... [I]t seemed like they wouldn't stop questioning me until I told them what they wanted to hear. So I did. I signed a statement saying that Troy told me that he shot the cop.
Jeffrey Sapp
I got tired of them harassing me, and they made it clear that the only way they would leave me alone is if I told them what they wanted to hear. I told them that Troy told me he did it, but it wasn't true. Troy never said that or anything like it. When it came time for Troy's trial, the police made it clear to me that I needed to stick to my original statement; that is, what they wanted me to say. I didn't want to have any more problems with the cops, so I testified against Troy.
Dorothy Ferrell
From the way the officer was talking, he gave me the impression that I should say that Troy Davis was the one who shot the officer like the other witness [sic] had ...I felt like I was just following the rest of the witnesses. I also felt like I had to cooperate with the officer because of my being on parole ... I told the detective that Troy Davis was the shooter, even though the truth was that I didn't see who shot the officer.
Darrell "D.D." Collins
After a couple of hours of the detectives yelling at me and threatening me, I finally broke down and told them what they wanted to hear. They would tell me things that they said had happened and I would repeat whatever they said. ...It is time that I told the truth about what happened that night, and what is written here is the truth. I am not proud for lying at Troy's trial, but the police had me so messed up that I felt that's all I could do or else I would go to jail.
Larry Young
I couldn't honestly remember what anyone looked like or what different people were wearing. Plus, I had been drinking that day, so I just couldn't tell who did what. The cops didn't want to hear that and kept pressing me to give them answers. They made it clear that we weren't leaving until I told them what they wanted to hear. They suggested answers and I would give them what they wanted. They put typed papers in my face and told me to sign them. I did sign them without reading them.
Antoine Williams
They asked me to describe the shooter and what he looked like and what he was wearing. I kept telling them that I didn't know. It was dark, my windows were tinted, and I was scared. It all happened so fast. Even today, I know that I could not honestly identify with any certainty who shot the officer that night. I couldn't then either. After the officers talked to me, they gave me a statement and told me to sign it. I signed it. I did not read it because I cannot read.
Robert Grizzard
I have reviewed the transcript of my testimony from the trial of Troy Davis... During my testimony I said that the person who shot the officer was wearing a light colored shirt. The truth is that I don't recall now and I didn't recall then what the shooter was wearing, as I said in my initial statement...
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» Quotes from witness affidavits recanting their testimony (continued)
Posted by: fanny666
» Great info.
Posted by: chuckjs
» Supreme Court date moved back AGAIN
Posted by: fanny666
» Supreme Court met on the 10th, now they're deciding whether to hear the case
Posted by: fanny666
» New Execution Date set for October 27
Posted by: fanny666
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Don't throw out the boar with the bathwater
Posted by: Gregory Kruse on Sep 26, 2008 8:03 AM
Current rating: Not yet rated [1 = poor; 5 = excellent]
Posted by: Gregory Kruse on Sep 26, 2008 8:03 AM
Current rating: Not yet rated [1 = poor; 5 = excellent]
I've been a liberal all my life, and recently rejoined Amnesty International after a long hiatus over the death penalty. I must be hardwired in favor of it. I believe that some people are so heartless and evil that they should be killed when they are found guilty of heinous acts. I am only concerned that there be no doubt that they actually did the heinous deed(s). Simply killing a policeman is not a heinous crime. But there is no real evidence that Troy killed anyone, and there is no evidence that he is heartless and evil. In fact, it is the police, the Georgia Pardons Board, and the Georgia Supreme Court who appear heartless and evil in this case. I want Troy saved not only from the death penalty but any penalty at all until and unless he is proven guilty beyond a reasonable doubt, but I want my state of Illinois to be free to execute the man who brutally beat an old man to death and killed women and children in Missouri if the courts so convict him beyond a reasonable doubt of these heinous crimes he is accused of. We should be concerned only about protecting the innocent and ridding ourselves of those who by some accident of nature have no conscience and no empathy. I am all in favor of throwing out the filthy bathwater of false witness and indiscriminate revenge against innocent people by the police, but I want to keep the unpleasant smelling boar of the death penalty in a nice clean pen with fresh straw.
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I STILL HAVE HOPE FOR DAVIS
Posted by: VZEQICVA on Sep 26, 2008 8:21 AM
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Posted by: VZEQICVA on Sep 26, 2008 8:21 AM
Current rating: Not yet rated [1 = poor; 5 = excellent]
Our attitudes toward police in general have changed over 17 years. They have betrayed our trust. Pressuring witnesses for any reason is wrong. Since there are seven less witnesses(?) to the crime and still no weapoon, exactly what would hold up the guilty verdict? Are these people still alive and willing to tell their story? Or will the police continue to make their lives miserable. The story has drifted away from Davis and has become another butt covering event. The police have tarnished their own reputation. No one should have to die so they can continue to 'look good'. Thanks, ANNA
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When the System Has You
Posted by: bryangalt on Sep 26, 2008 8:17 PM
Current rating: 3 [1 = poor; 5 = excellent]
Posted by: bryangalt on Sep 26, 2008 8:17 PM
Current rating: 3 [1 = poor; 5 = excellent]
It would nice to think that this story is an abherration and that the justice system rarely fails with this much bravado, but this situation is like a gemstone, in that the problems are multi-faceted.
1. DEMAND FOR JUSTICE AT ALL COSTS: The citizen's call for action in criminal cases has led to a mentality of "if you got arrested, you must be guilty" and that in turn empowers the cops and the prosecution to make their case no matter what the facts are.
2. IF YOU'VE BEEN CONVICTED: Once you've been convicted of a crime "beyond a reasonable doubt" by a jury of "your peers" you are screwed. Even in cases where the evidence against someone is shown to be falsified, the system doesn't want to let you go. The reason for this goes back to item #1.
3. PUBLIC FEARMONGER'S: The media falls right into line with their role in spreading the propoganda of fear that your life is in imminent danger if the laws are corrected to match your constitutional right to a "fair and speedy trial".
4. HARD-ON FOR POWER: The local prosecutor on to the Attorneys General all get stiff (yes, even the females do to) when they go after someone, in that 'thrill of the chase' mentality that most predatory species possess. One they have it in their minds that your "it" they rarely let it go because to do so would be to admit that they can make mistakes too and that can't be allowed in their power hungry world.
I am advocating a change in the law that can make cases like this stop happening and reduce the number of cases like this that get started in the first place:
1. BEYOND A REASONABLE DOUBT: This provision itself must be defined more clearly. The fact that we all have a different definition of what's reasonable and when the person being tried could be put to death, then their cannot be any room for doubt. Therefore, the only way a person could be put to death is if they are caught in the act of killing someone, or if the absolutely indisputable scientific evidence (such as DNA) proves that they did the deed. If that cannot be established, then the death sentence cannot be employed.
2. CAPITOL TRIALS GIVEN GREATER ATTENTION: When a person is accused of a capital crime the state needs to give them an attorney if they cannot afford one. This attorney should be required to have capital trial experience, and they should be given the same resources as the DA's office for investigations and witness interviews so that no details are overlooked. As it right now, many defendants are getting appalling representation that should be considered unacceptable by society.
3. THEY STILL SLIPPED THROUGH: In cases where it is clear that the evidence against a convicted person has been coerced, tampered with or recanted, that person should be required to have a new trial, period.
If it's found that the police forced out a confession or statements supporting their version of the crime then the convicted person should be required to have a new trial, and the cops should be tried for violating that persons rights, with a minimum sentence that is equal to the time spent in jail by the person that was convicted thanks to their zealous behavior.
In the movie "street kings" the main character makes this statement which hits the heart of the problem, "it doesn't matter what the facts of the case were, it's how we write it up."
I've witnessed firsthand the abuses of the system played out against friends and relatives. We need changes and only society can make that happen.
1. DEMAND FOR JUSTICE AT ALL COSTS: The citizen's call for action in criminal cases has led to a mentality of "if you got arrested, you must be guilty" and that in turn empowers the cops and the prosecution to make their case no matter what the facts are.
2. IF YOU'VE BEEN CONVICTED: Once you've been convicted of a crime "beyond a reasonable doubt" by a jury of "your peers" you are screwed. Even in cases where the evidence against someone is shown to be falsified, the system doesn't want to let you go. The reason for this goes back to item #1.
3. PUBLIC FEARMONGER'S: The media falls right into line with their role in spreading the propoganda of fear that your life is in imminent danger if the laws are corrected to match your constitutional right to a "fair and speedy trial".
4. HARD-ON FOR POWER: The local prosecutor on to the Attorneys General all get stiff (yes, even the females do to) when they go after someone, in that 'thrill of the chase' mentality that most predatory species possess. One they have it in their minds that your "it" they rarely let it go because to do so would be to admit that they can make mistakes too and that can't be allowed in their power hungry world.
I am advocating a change in the law that can make cases like this stop happening and reduce the number of cases like this that get started in the first place:
1. BEYOND A REASONABLE DOUBT: This provision itself must be defined more clearly. The fact that we all have a different definition of what's reasonable and when the person being tried could be put to death, then their cannot be any room for doubt. Therefore, the only way a person could be put to death is if they are caught in the act of killing someone, or if the absolutely indisputable scientific evidence (such as DNA) proves that they did the deed. If that cannot be established, then the death sentence cannot be employed.
2. CAPITOL TRIALS GIVEN GREATER ATTENTION: When a person is accused of a capital crime the state needs to give them an attorney if they cannot afford one. This attorney should be required to have capital trial experience, and they should be given the same resources as the DA's office for investigations and witness interviews so that no details are overlooked. As it right now, many defendants are getting appalling representation that should be considered unacceptable by society.
3. THEY STILL SLIPPED THROUGH: In cases where it is clear that the evidence against a convicted person has been coerced, tampered with or recanted, that person should be required to have a new trial, period.
If it's found that the police forced out a confession or statements supporting their version of the crime then the convicted person should be required to have a new trial, and the cops should be tried for violating that persons rights, with a minimum sentence that is equal to the time spent in jail by the person that was convicted thanks to their zealous behavior.
In the movie "street kings" the main character makes this statement which hits the heart of the problem, "it doesn't matter what the facts of the case were, it's how we write it up."
I've witnessed firsthand the abuses of the system played out against friends and relatives. We need changes and only society can make that happen.
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» RE: When the System Has You
Posted by: claret1963
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Has a Drivers License but he can't read?
Posted by: Mark Allen MacPhail on Oct 15, 2008 8:28 AM
Current rating: Not yet rated [1 = poor; 5 = excellent]
Posted by: Mark Allen MacPhail on Oct 15, 2008 8:28 AM
Current rating: Not yet rated [1 = poor; 5 = excellent]
Ok, looking over the excerpts of these recantings, they all say the same thing. They were forced and pressured into signing those statements. Ok, 1 guy was very young, where were his parents during all of this questioning?
Antoine Williams: he can't read...........he didn't have to read when he testified in court. How is he able to drive a vehicle with a valid license if he could not read to take the test?
These are simply absurd!
Antoine Williams: he can't read...........he didn't have to read when he testified in court. How is he able to drive a vehicle with a valid license if he could not read to take the test?
These are simply absurd!
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here are the facts
Posted by: Mark Allen MacPhail on Oct 17, 2008 8:06 AM
Current rating: Not yet rated [1 = poor; 5 = excellent]
Posted by: Mark Allen MacPhail on Oct 17, 2008 8:06 AM
Current rating: Not yet rated [1 = poor; 5 = excellent]
Georgia Attorney General Baker Announces Execution Date For Troy Anthony Davis
By admin - Posted on September 23rd, 2008
7/5/2007 -- Georgia Attorney General Thurbert E. Baker offers the following information in the case against Troy Anthony Davis, who is currently scheduled to be executed on July 17, 2007 at 7:00 pm.
Scheduled Execution On June 29, 2007, the Superior Court of Chatham County filed an order, setting the seven-day window in which the execution of Troy Anthony Davis may occur to begin at noon, July 17, 2007, and ending seven days later at noon on July 24, 2007. The Commissioner of the Department of Corrections, acting pursuant to his statutory authority, then set the execution to occur at 7:00 pm on Tuesday, July 17, 2007. Davis has concluded his direct appeal proceedings and his state and federal habeas corpus proceedings.
Davis’ Crimes
At approximately 1:00 a.m. on Saturday, August 19, 1989, Officer David Owens, of the Savannah Police Department, responded to a call of “an officer down” at the Greyhound bus station on Oglethorpe Avenue. (T. 759) . Officer Owens found the victim, Mark McPhail, a 27 year-old Savannah police officer, lying face down in the parking lot of the Burger King restaurant next to the bus station. (T. 759). Officer McPhail’s mouth was filled with blood and bits of his teeth were on the sidewalk. As he began administering CPR to the victim, Officer Owens noticed that the victim’s firearm was still snapped into his holster. (T. 761). Larry Young, who was present at the scene, told police that between midnight and 1:00 a.m. he had walked from the Burger King parking lot, which was frequented by transients and homeless individuals, to the convenience store down the block to purchase beer. (T. 797-798). Sylvester “Red” Coles saw Young leave the pool hall next door and began following Young demanding a beer. (T. 798). Coles continued to harass Mr. Young all the way back to the Burger King. (T. 799). When Young arrived at the parking lot, Harriet Murray and two unidentified men were sitting on a low wall by the restaurant. Davis and Daryl Collins, who had taken a shortcut to the parking lot, came out from behind the bank and surrounded Mr. Young. (T. 799). Mr. Coles, who was facing Mr. Young, told him not to walk away “cause you don’t know me, I’ll shoot you,” and began digging in his pants. (T. 845). The two men seated on the wall fled, and Ms. Murray ran to the back door of the Burger King, which was locked. (T. 799). Davis, who was behind Young and to his right, blindsighted him, striking him on the side of the face with a snub-nosed pistol, inflicting a severe head injury which formed the basis of Count III of the indictment. Mr. Young began to bleed profusely, and he stumbled to a van parked in front of the Burger King drive-in window, asking the occupants for help. (T. 803). When the driver did not respond, he went to the drive-in window, but the manager shut it in his face. (T. 803, 915).
In response to the disturbance in the parking lot, Officer McPhail, who was working as a security guard at the restaurant, walked rapidly from behind the bus station, with his nightstick in his hand and ordered the three men to halt. (T. 849). Mr. Collins and Davis fled, and Officer McPhail ran past Sylvester Coles in pursuit of Davis. (T. 851). Davis looked over his shoulder, and when the officer was five to six feet away, shot him. Officer McPhail fell to the ground, and Davis walked towards him and shot him again while he was on the ground. (T. 850). One eyewitness testified that Davis was smiling at the time. (T. 851). The victim died of gunshot wounds before help arrived.
By admin - Posted on September 23rd, 2008
7/5/2007 -- Georgia Attorney General Thurbert E. Baker offers the following information in the case against Troy Anthony Davis, who is currently scheduled to be executed on July 17, 2007 at 7:00 pm.
Scheduled Execution On June 29, 2007, the Superior Court of Chatham County filed an order, setting the seven-day window in which the execution of Troy Anthony Davis may occur to begin at noon, July 17, 2007, and ending seven days later at noon on July 24, 2007. The Commissioner of the Department of Corrections, acting pursuant to his statutory authority, then set the execution to occur at 7:00 pm on Tuesday, July 17, 2007. Davis has concluded his direct appeal proceedings and his state and federal habeas corpus proceedings.
Davis’ Crimes
At approximately 1:00 a.m. on Saturday, August 19, 1989, Officer David Owens, of the Savannah Police Department, responded to a call of “an officer down” at the Greyhound bus station on Oglethorpe Avenue. (T. 759) . Officer Owens found the victim, Mark McPhail, a 27 year-old Savannah police officer, lying face down in the parking lot of the Burger King restaurant next to the bus station. (T. 759). Officer McPhail’s mouth was filled with blood and bits of his teeth were on the sidewalk. As he began administering CPR to the victim, Officer Owens noticed that the victim’s firearm was still snapped into his holster. (T. 761). Larry Young, who was present at the scene, told police that between midnight and 1:00 a.m. he had walked from the Burger King parking lot, which was frequented by transients and homeless individuals, to the convenience store down the block to purchase beer. (T. 797-798). Sylvester “Red” Coles saw Young leave the pool hall next door and began following Young demanding a beer. (T. 798). Coles continued to harass Mr. Young all the way back to the Burger King. (T. 799). When Young arrived at the parking lot, Harriet Murray and two unidentified men were sitting on a low wall by the restaurant. Davis and Daryl Collins, who had taken a shortcut to the parking lot, came out from behind the bank and surrounded Mr. Young. (T. 799). Mr. Coles, who was facing Mr. Young, told him not to walk away “cause you don’t know me, I’ll shoot you,” and began digging in his pants. (T. 845). The two men seated on the wall fled, and Ms. Murray ran to the back door of the Burger King, which was locked. (T. 799). Davis, who was behind Young and to his right, blindsighted him, striking him on the side of the face with a snub-nosed pistol, inflicting a severe head injury which formed the basis of Count III of the indictment. Mr. Young began to bleed profusely, and he stumbled to a van parked in front of the Burger King drive-in window, asking the occupants for help. (T. 803). When the driver did not respond, he went to the drive-in window, but the manager shut it in his face. (T. 803, 915).
In response to the disturbance in the parking lot, Officer McPhail, who was working as a security guard at the restaurant, walked rapidly from behind the bus station, with his nightstick in his hand and ordered the three men to halt. (T. 849). Mr. Collins and Davis fled, and Officer McPhail ran past Sylvester Coles in pursuit of Davis. (T. 851). Davis looked over his shoulder, and when the officer was five to six feet away, shot him. Officer McPhail fell to the ground, and Davis walked towards him and shot him again while he was on the ground. (T. 850). One eyewitness testified that Davis was smiling at the time. (T. 851). The victim died of gunshot wounds before help arrived.
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More facts that supreme court saw
Posted by: Mark Allen MacPhail on Oct 17, 2008 8:09 AM
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Posted by: Mark Allen MacPhail on Oct 17, 2008 8:09 AM
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Thirty minutes after the killing, Red Coles appeared at his sister’s house a few blocks from the bus station. Mr. Coles asked his sister for another shirt. (T. 915). Shortly thereafter, Davis appeared and asked Mr. Coles for the yellow t-shirt Coles had been wearing. After he changed his shirt, Davis left. (T. 915). Davis fled to Atlanta the following day and surrendered to authorities on August 23, 1989. Pursuant to an investigation, police learned that on the night prior to the killing, Davis had attended a party on Cloverdale Drive in a subdivision near Savannah. (T. 1115-1116). During the party, Davis, annoyed that some girls ignored him, told several of his friends something about “burning them.” (T. 146). Davis then walked around saying, “I feel like doing something, anything.” (T. 1464). When Michael Cooper and his friends were leaving the party, Davis was standing out front. (T. 1120). Michael Cooper was in the front passenger seat, and as the car pulled away, several of the men in the car leaned out the window shouting and throwing things. (T. 1120, 1186). Davis shot at the car from a couple of hundred feet away and the bullet shattered the back windshield and lodged in Michael Cooper’s right jaw. (T. 1186). Cooper was treated at the hospital and released and Cooper’s injury formed the basis for Count IV of Davis’ indictment. The shooting incident took place approximately one hour before Officer McPhail was shot. Shortly after Michael Cooper was shot, Eric Ellison and D.D. Collins picked up Davis in Cloverdale and took him to Brown’s pool hall in Savannah. Red Coles, wearing a yellow t-shirt, was already at the pool hall. An autopsy revealed that Officer McPhail was shot twice. One bullet entered the corner of his cheekbone on the left side and exited the back of his neck; the bullet blew away bits of his teeth, and his lip was impaled on his teeth. (T. 782-784). The second bullet passed through the armhole of McPhail’s bullet-proof vest, and entered his chest on the left side. (T. 784). This bullet pierced the lung and the aorta, and lodged in the opposite side between the third and fourth vertebrae, at the back of the chest cavity near the spinal column. (T. 784-787). The cause of the victim’s death was a loss of blood from a gunshot wound to the left side of his chest. (T. 789). The pathologist further noted that there were scrapes and lacerations on the victim’s arms and legs, and an apparent injury to his right thigh, which could have been grazed by a bullet. (T. 788-789). A ballistics expert testified that the bullet that wounded Michael Cooper could have been fired from a .38 special revolver or a .357 magnum. (T. 1291). The bullet from McPhail’s body was of the same type and was possibly fired from the same weapon as used in the Cooper shooting. (T. 1292). Four .38 special casings recovered at Cloverdale, where Michael Cooper was wounded, were fired from the same gun as casings found at the scene of Officer McPhail’s murder. (T. 1292). At trial, Kevin McQueen, who was at the Chatham City jail with Davis, testified that Davis told him there had been a party in Cloverdale on the night prior to the victim’s murder; Davis had argued with some boys and there was an exchange of gunfire. (T. 1230-1231). Davis told McQueen he did some of the shooting. (T. 1231). After the party, Davis went to a girlfriend’s house and intended to eat breakfast at Burger King. Davis stated that he was with a friend and they ran into a guy who “owed money to buy dope.” (T. 1231). There was a fight, Officer McPhail appeared, and Davis shot him in the face. As Officer McPhail attempted to get up, Davis shot him again, because he was afraid McPhail had seen him that night at Cloverdale. (T. 1232). Davis also told McQueen that he was on his way out of town to Atlanta. (T. 1232).
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oh and there is more please read
Posted by: Mark Allen MacPhail on Oct 17, 2008 8:16 AM
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Posted by: Mark Allen MacPhail on Oct 17, 2008 8:16 AM
Current rating: Not yet rated [1 = poor; 5 = excellent]
Jeffrey Lapp testified that Davis told him he did the shooting at Burger King, but that it was self-defense. (T. 1249-1252). Mr. Lapp noted that Davis’ street name was RAH, standing for “Rough As Hell.” (T. 1257). Red Coles identified Davis as the perpetrator of Officer McPhail’s murder, as did numerous other eyewitnesses, including Harriet Murray, Dorothy Ferrell, Daryl Collins, Antoine Williams, Steven Sanders and Larry Young.The Trial (1989-1991)
Davis was indicted in the Superior Court of Chatham County, Georgia on November 15, 1989, for the murder of Officer Mark Allen McPhail. On August 28, 1991, a jury found Davis guilty of one count of malice murder, one count of obstruction of a law enforcement officer, two counts of aggravated assault and one count of possession of firearm during the commission of a felony. The jury’s recommendation of a death sentence was returned on August 30, 1991.
The Direct Appeal (1992-1993)
The Georgia Supreme Court unanimously affirmed Davis’ convictions and death sentence on February 26, 1993. Davis v. State, 263 Ga. 5, 426 S.E.2d 844 (1993). The Georgia Supreme Court specifically found that the evidence presented at Davis’ trial was sufficient to support the jury’s verdict, by stating that, “The evidence supports the conviction on all counts.” Davis v. State, 263 Ga. 5, 7 (1993). Davis’ motion for reconsideration was denied on March 23, 1993. Davis filed a petition for writ of certiorari in the United States Supreme Court, which was denied on November 1, 1993. Davis v. Georgia, 510 U.S. 950, 114 S.Ct. 396 (1993). Davis’ petition for rehearing was denied on January 10, 1994. Davis v. Georgia, 510 U.S. 1066, 114 S.Ct. 745 (1994).
State Habeas Corpus Petition (1994-1997) Davis, represented by the Georgia Resource Center, filed a petition for a writ of habeas corpus in the Superior Court of Butts County, Georgia on March 15, 1994. An evidentiary hearing was held on December 16, 1996. On September 9, 1997, the state habeas corpus court denied Davis state habeas corpus relief. The state habeas corpus court noted “from a review of the record that many pieces of evidence supporting a finding that Coles was the shooter or highlighting inconsistencies in the testimony of the witnesses who identified Davis as the shooter were indeed presented to the jury during Davis’ trial. (cite omitted). The jury, in its rightful role as finder of fact during the trial, was responsible for evaluating the credibility of the witnesses and determining whether the state proved beyond a reasonable doubt that Davis shot and killed Officer McPhail. This court, although acting now as the finder of fact in this habeas proceeding, cannot supplant the role of the jury and find based on its own review of the record that the jury should have concluded that the state did not carry its burden at Davis’ trial. The core purpose of the writ of habeas corpus would not be served by such a presumptuous usurpation of the jury’s deliberative process. This court is limited to evaluating whether Davis’ rights were properly protected in the context of his jury trial.” (State habeas corpus order of September 5, 1997, denying relief, page 41).
Davis’ application for a certificate of probable cause to appeal filed in the Georgia Supreme Court was granted on February 24, 2000. Specifically, the Court asked the parties to address the following issues: (1) whether execution by electrocution constituted cruel and unusual punishment under our Federal and State Constitutions; (2) whether imposition of the death penalty in this case was disproportionate to the penalty imposed in other similar cases in Georgia; (3) whether Petitioner’s appellate counsel operated under a conflict of interest; and (4) whether Petitioner’s absence during critical stages of his trial violated his rights under our Federal and State Constitutions. Following briefing and oral argument,
Davis was indicted in the Superior Court of Chatham County, Georgia on November 15, 1989, for the murder of Officer Mark Allen McPhail. On August 28, 1991, a jury found Davis guilty of one count of malice murder, one count of obstruction of a law enforcement officer, two counts of aggravated assault and one count of possession of firearm during the commission of a felony. The jury’s recommendation of a death sentence was returned on August 30, 1991.
The Direct Appeal (1992-1993)
The Georgia Supreme Court unanimously affirmed Davis’ convictions and death sentence on February 26, 1993. Davis v. State, 263 Ga. 5, 426 S.E.2d 844 (1993). The Georgia Supreme Court specifically found that the evidence presented at Davis’ trial was sufficient to support the jury’s verdict, by stating that, “The evidence supports the conviction on all counts.” Davis v. State, 263 Ga. 5, 7 (1993). Davis’ motion for reconsideration was denied on March 23, 1993. Davis filed a petition for writ of certiorari in the United States Supreme Court, which was denied on November 1, 1993. Davis v. Georgia, 510 U.S. 950, 114 S.Ct. 396 (1993). Davis’ petition for rehearing was denied on January 10, 1994. Davis v. Georgia, 510 U.S. 1066, 114 S.Ct. 745 (1994).
State Habeas Corpus Petition (1994-1997) Davis, represented by the Georgia Resource Center, filed a petition for a writ of habeas corpus in the Superior Court of Butts County, Georgia on March 15, 1994. An evidentiary hearing was held on December 16, 1996. On September 9, 1997, the state habeas corpus court denied Davis state habeas corpus relief. The state habeas corpus court noted “from a review of the record that many pieces of evidence supporting a finding that Coles was the shooter or highlighting inconsistencies in the testimony of the witnesses who identified Davis as the shooter were indeed presented to the jury during Davis’ trial. (cite omitted). The jury, in its rightful role as finder of fact during the trial, was responsible for evaluating the credibility of the witnesses and determining whether the state proved beyond a reasonable doubt that Davis shot and killed Officer McPhail. This court, although acting now as the finder of fact in this habeas proceeding, cannot supplant the role of the jury and find based on its own review of the record that the jury should have concluded that the state did not carry its burden at Davis’ trial. The core purpose of the writ of habeas corpus would not be served by such a presumptuous usurpation of the jury’s deliberative process. This court is limited to evaluating whether Davis’ rights were properly protected in the context of his jury trial.” (State habeas corpus order of September 5, 1997, denying relief, page 41).
Davis’ application for a certificate of probable cause to appeal filed in the Georgia Supreme Court was granted on February 24, 2000. Specifically, the Court asked the parties to address the following issues: (1) whether execution by electrocution constituted cruel and unusual punishment under our Federal and State Constitutions; (2) whether imposition of the death penalty in this case was disproportionate to the penalty imposed in other similar cases in Georgia; (3) whether Petitioner’s appellate counsel operated under a conflict of interest; and (4) whether Petitioner’s absence during critical stages of his trial violated his rights under our Federal and State Constitutions. Following briefing and oral argument,
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just when it was getting interesting......
Posted by: Mark Allen MacPhail on Oct 17, 2008 8:18 AM
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Posted by: Mark Allen MacPhail on Oct 17, 2008 8:18 AM
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the Georgia Supreme Court affirmed the denial of state habeas corpus relief on November 13, 2000. Davis v. Turpin, 273 Ga. 244, 539 S.E.2d 129 (2000). Davis’ motion for reconsideration was denied on December 15, 2000. Davis then filed a petition for writ of certiorari in the United States Supreme Court, which was denied on October 1, 2001. Davis v. Turpin, 534 U.S. 842, 122 S.Ct. 100 (2001)., the Georgia Supreme Court affirmed the denial of state habeas corpus relief on November 13, 2000. Davis v. Turpin, 273 Ga. 244, 539 S.E.2d 129 (2000). Davis’ motion for reconsideration was denied on December 15, 2000. Davis then filed a petition for writ of certiorari in the United States Supreme Court, which was denied on October 1, 2001. Davis v. Turpin, 534 U.S. 842, 122 S.Ct. 100 (2001).
Federal Habeas Corpus Petition (2001-2004)
Davis, represented by Thomas Dunn, filed a petition for a writ of habeas corpus in the United States District Court for the Southern District of Georgia, Savannah Division, on December 14, 2001. On May 13, 2004, the district court denied Davis federal habeas corpus relief. In its order denying relief, the federal habeas corpus court denied Davis a federal evidentiary hearing stating that, “this Court finds that because the submitted affidavits are insufficient to raise doubts as to the constitutionality of the result at trial, there is no danger of a miscarriage of justice in declining to consider the claim.” (Federal habeas corpus order of 5/13/04, p/ 25.) The federal habeas corpus court denied a motion to alter and amend judgment on June 3, 2004. The federal habeas corpus court denied Davis a certificate of appealability on July 20, 2004.
11th Circuit Court of Appeals (2004-2006)
The Eleventh Circuit granted Davis’ application for certificate of appealability on September 15, 2004. The case was orally argued before the Eleventh Circuit on September 7, 2005. On September 26, 2006, the Eleventh Circuit issued an opinion which affirmed the denial of federal habeas corpus relief to Davis. Davis v. Terry, 465 F.3d 1249 (11th Cir. 2006). In the Eleventh Circuit’s opinion, the Court noted, “In this case, Davis does not make a substantive claim of actual innocence. Rather, he argues that his constitutional claims of an unfair trial must be considered, even though they are otherwise procedurally defaulted, because he has made the requisite showing of actual innocence under Schlup.” Davis v. Terry, 465 F.3d 1249, 1251 (11th Cir. 2006).
Reviewing each of Davis’s claims, the Eleventh Circuit affirmed the denial of federal habeas corpus relief by stating the following, “Having very carefully considered this record, we cannot say that the district court erred in concluding that Davis has not borne his burden to establish a viable claim that his trial was constitutionally unfair.” Davis v. Terry, 465 F.3d 1249, 1256 (11th Cir. 2006).
Federal Habeas Corpus Petition (2001-2004)
Davis, represented by Thomas Dunn, filed a petition for a writ of habeas corpus in the United States District Court for the Southern District of Georgia, Savannah Division, on December 14, 2001. On May 13, 2004, the district court denied Davis federal habeas corpus relief. In its order denying relief, the federal habeas corpus court denied Davis a federal evidentiary hearing stating that, “this Court finds that because the submitted affidavits are insufficient to raise doubts as to the constitutionality of the result at trial, there is no danger of a miscarriage of justice in declining to consider the claim.” (Federal habeas corpus order of 5/13/04, p/ 25.) The federal habeas corpus court denied a motion to alter and amend judgment on June 3, 2004. The federal habeas corpus court denied Davis a certificate of appealability on July 20, 2004.
11th Circuit Court of Appeals (2004-2006)
The Eleventh Circuit granted Davis’ application for certificate of appealability on September 15, 2004. The case was orally argued before the Eleventh Circuit on September 7, 2005. On September 26, 2006, the Eleventh Circuit issued an opinion which affirmed the denial of federal habeas corpus relief to Davis. Davis v. Terry, 465 F.3d 1249 (11th Cir. 2006). In the Eleventh Circuit’s opinion, the Court noted, “In this case, Davis does not make a substantive claim of actual innocence. Rather, he argues that his constitutional claims of an unfair trial must be considered, even though they are otherwise procedurally defaulted, because he has made the requisite showing of actual innocence under Schlup.” Davis v. Terry, 465 F.3d 1249, 1251 (11th Cir. 2006).
Reviewing each of Davis’s claims, the Eleventh Circuit affirmed the denial of federal habeas corpus relief by stating the following, “Having very carefully considered this record, we cannot say that the district court erred in concluding that Davis has not borne his burden to establish a viable claim that his trial was constitutionally unfair.” Davis v. Terry, 465 F.3d 1249, 1256 (11th Cir. 2006).
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wow more fact on the case that hasn't been heard....
Posted by: Mark Allen MacPhail on Oct 17, 2008 8:21 AM
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Posted by: Mark Allen MacPhail on Oct 17, 2008 8:21 AM
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Davis filed a petition for panel rehearing on October 17, 2006, which was denied on December 13, 2006.
United States Supreme Court (2007)
Davis filed a petition for writ of certiorari in the United States Supreme Court on April 11, 2007, which was denied on June 25, 2007.
Source: Georgia Attorney General
Myth # 1
Seven of the nine non-police witnesses against Davis have recanted their testimony or contradicted the story they told in court.
Truth #1
None of the recantations listed by Davis supporters state that Davis did not murder Officer MacPhail.
All but one of the “recants” state that the statements they gave at the time of the murder were typed up by the investigating officers after and during their interviews and that they signed them without reading them.
What they fail to mention is that TWO YEARS later they testified in court that their statements were true.
It has only happened several years after the conviction that they have spoken to members of Davis’ legal team, family and supporters that they NOW claim to have given false statements. It is transparently clear that the convicted murder’s supporters have manipulated these witnesses into saying they did not understand what they were saying during the investigation OR during the trial.
Two of the original witnesses HAVE NOT RECANTED their testimony that named Troy Davis as the murderer. This has so angered Davis’ supporters that they are trying to name one of these witnesses (Coles) as the shooter.
Coles was standing behind Officer MacPhail when MacPhail ran by chasing Davis. Davis turned and shot Officer from the front.
Coles came back to the scene of the shooting with a female after police arrived.
Davis changed clothes (even asking Coles for a shirt later) and fled to Atlanta with his sister.
Myth #2
There was never any physical evidence tying Davis to the murder for which he was convicted and sentenced to death.
Truth #2
A bullet that was removed from the jaw of a man who was shot by Troy Davis earlier in the day was compared to a bullet removed from Officer MacPhail. The ballistics matched!
During the latest Pardons and Parole Board hearing a Georgia Bureau of Investigation ballistics expert was present to testify about this evidence.
Bloody "spotted" clothing was removed from Davis’ house after he was named as a suspect. Because of the way Troy was standing above Officer MacPhail when he executed the officer he would have received a faint splatter of blood (because Officer MacPhail was on the ground most of the splatter would have been dispersed out along the ground and not upward).
A DNA test was performed on this evidence several years after the shooting because this technology did not exist at the time of the murder. The blood was so degraded (due to time) and the spots so small that the test “consumed” the sample without results. The Prosecutors NOT Troy Davis asked for this test.
Myth #3
The verdict was an example of the racist court system in Chatham County Georgia.
Truth #3
The jury that found Davis guilty was majority/minority.
Myth #4
Most convicted criminals on Georgia’s Death Row as of January 2008 were minorities.
Truth #4
The majority of those convicted persons on Georgia’s Death Row are white males. The lone female on Georgia’s Death Row is white.
Myth #5
The support Davis is receiving from celebrities and human rights groups must mean there is doubt about his innocence.
Truth #5
The celebrities and human rights groups that are asking for clemency for Davis are doing so because they oppose the death penalty NOT because he is innocent. He IS GULITY!
United States Supreme Court (2007)
Davis filed a petition for writ of certiorari in the United States Supreme Court on April 11, 2007, which was denied on June 25, 2007.
Source: Georgia Attorney General
Myth # 1
Seven of the nine non-police witnesses against Davis have recanted their testimony or contradicted the story they told in court.
Truth #1
None of the recantations listed by Davis supporters state that Davis did not murder Officer MacPhail.
All but one of the “recants” state that the statements they gave at the time of the murder were typed up by the investigating officers after and during their interviews and that they signed them without reading them.
What they fail to mention is that TWO YEARS later they testified in court that their statements were true.
It has only happened several years after the conviction that they have spoken to members of Davis’ legal team, family and supporters that they NOW claim to have given false statements. It is transparently clear that the convicted murder’s supporters have manipulated these witnesses into saying they did not understand what they were saying during the investigation OR during the trial.
Two of the original witnesses HAVE NOT RECANTED their testimony that named Troy Davis as the murderer. This has so angered Davis’ supporters that they are trying to name one of these witnesses (Coles) as the shooter.
Coles was standing behind Officer MacPhail when MacPhail ran by chasing Davis. Davis turned and shot Officer from the front.
Coles came back to the scene of the shooting with a female after police arrived.
Davis changed clothes (even asking Coles for a shirt later) and fled to Atlanta with his sister.
Myth #2
There was never any physical evidence tying Davis to the murder for which he was convicted and sentenced to death.
Truth #2
A bullet that was removed from the jaw of a man who was shot by Troy Davis earlier in the day was compared to a bullet removed from Officer MacPhail. The ballistics matched!
During the latest Pardons and Parole Board hearing a Georgia Bureau of Investigation ballistics expert was present to testify about this evidence.
Bloody "spotted" clothing was removed from Davis’ house after he was named as a suspect. Because of the way Troy was standing above Officer MacPhail when he executed the officer he would have received a faint splatter of blood (because Officer MacPhail was on the ground most of the splatter would have been dispersed out along the ground and not upward).
A DNA test was performed on this evidence several years after the shooting because this technology did not exist at the time of the murder. The blood was so degraded (due to time) and the spots so small that the test “consumed” the sample without results. The Prosecutors NOT Troy Davis asked for this test.
Myth #3
The verdict was an example of the racist court system in Chatham County Georgia.
Truth #3
The jury that found Davis guilty was majority/minority.
Myth #4
Most convicted criminals on Georgia’s Death Row as of January 2008 were minorities.
Truth #4
The majority of those convicted persons on Georgia’s Death Row are white males. The lone female on Georgia’s Death Row is white.
Myth #5
The support Davis is receiving from celebrities and human rights groups must mean there is doubt about his innocence.
Truth #5
The celebrities and human rights groups that are asking for clemency for Davis are doing so because they oppose the death penalty NOT because he is innocent. He IS GULITY!
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wait everyone here is more truth..and information thw world does not know
Posted by: Mark Allen MacPhail on Oct 17, 2008 8:25 AM
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Posted by: Mark Allen MacPhail on Oct 17, 2008 8:25 AM
Current rating: 1 [1 = poor; 5 = excellent]
Send messages to the Georgia Board of Pardons and Paroles thanking them for supporting Justice for ALL in Georgia. Fax numbers for the board are: 404-651-8502; 404-651-6670; and 404-651-5282.
here are the real facts, the courts have looked at and reinterviewed the witnesses that "recanted" and still determined the guilt. apparently you have no respect for your police that daily step in harms way for you and your family. I was there when they tesitfied in court that their prior testimony they gave the police were true. one of the witnesses when asked if she could identify the killer, specifically pointed to troy davis and said " you don't ever forget face like that" the death penalty should be mandated for killing a police officer.
Numbers 35:16 (Read all of Numbers 35)
And if he smite him with an instrument of iron, so that he die, he is a murderer: the murderer shall surely be put to death.
We have no satisfaction or revenge in Troy Davis execution, only want justice..
Numbers 35:31
Moreover ye shall take no satisfaction for the life of a murderer, which is guilty of death: but he shall be surely put to death. By the way.. he is guilty, troy knows it, mark knows it and GOD.. knows it. (in addition to the courts) the witnesses WERE INTERVIEWED personally by the pardons and parole board.... about their recantation.....the U.S. Supreme Court READ everything both sides had...
here are the real facts, the courts have looked at and reinterviewed the witnesses that "recanted" and still determined the guilt. apparently you have no respect for your police that daily step in harms way for you and your family. I was there when they tesitfied in court that their prior testimony they gave the police were true. one of the witnesses when asked if she could identify the killer, specifically pointed to troy davis and said " you don't ever forget face like that" the death penalty should be mandated for killing a police officer.
Numbers 35:16 (Read all of Numbers 35)
And if he smite him with an instrument of iron, so that he die, he is a murderer: the murderer shall surely be put to death.
We have no satisfaction or revenge in Troy Davis execution, only want justice..
Numbers 35:31
Moreover ye shall take no satisfaction for the life of a murderer, which is guilty of death: but he shall be surely put to death. By the way.. he is guilty, troy knows it, mark knows it and GOD.. knows it. (in addition to the courts) the witnesses WERE INTERVIEWED personally by the pardons and parole board.... about their recantation.....the U.S. Supreme Court READ everything both sides had...
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interested in more facts??on the case???
Posted by: Mark Allen MacPhail on Oct 17, 2008 8:29 AM
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Posted by: Mark Allen MacPhail on Oct 17, 2008 8:29 AM
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there is a website that states specifics.. the witnesses that recanted, they are lying NOW or they lied in court in 1991 either way.. it's purgery and that is a criminal offense that they can and may possibly be liable for.....
www.markallenmacphail.com oh did you know there was a ballistic expert at the pardons and parole hearing to give testimony that the bullets MATCH both shootings
www.markallenmacphail.com oh did you know there was a ballistic expert at the pardons and parole hearing to give testimony that the bullets MATCH both shootings
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Alternet Comments:
» Quotes from witness affidavits recanting their testimony (continued)
Posted by: fanny666
» Great info.
Posted by: chuckjs
» Supreme Court date moved back AGAIN
Posted by: fanny666
» Supreme Court met on the 10th, now they're deciding whether to hear the case
Posted by: fanny666
» New Execution Date set for October 27
Posted by: fanny666
» RE: When the System Has You
Posted by: claret1963
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Quotes from witness affidavits recanting their testimony
Posted by: fanny666 on Sep 25, 2008 12:50 PM
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Posted by: fanny666 on Sep 25, 2008 12:50 PM
Current rating: Not yet rated [1 = poor; 5 = excellent]
Kevin McQueen
The truth is that Troy never confessed to me or talked to me about the shooting of the police officer. I made up the confession from information I had heard on T.V. and from other inmates about the crimes. Troy did not tell me any of this... I have now realized what I did to Troy so I have decided to tell the truth... I need to set the record straight.
Monty Holmes
I told them I didn't know anything about who shot the officer, but they kept questioning me. I was real young at that time and here they were questioning me about the murder of a police officer like I was in trouble or something. I was scared... [I]t seemed like they wouldn't stop questioning me until I told them what they wanted to hear. So I did. I signed a statement saying that Troy told me that he shot the cop.
Jeffrey Sapp
I got tired of them harassing me, and they made it clear that the only way they would leave me alone is if I told them what they wanted to hear. I told them that Troy told me he did it, but it wasn't true. Troy never said that or anything like it. When it came time for Troy's trial, the police made it clear to me that I needed to stick to my original statement; that is, what they wanted me to say. I didn't want to have any more problems with the cops, so I testified against Troy.
Dorothy Ferrell
From the way the officer was talking, he gave me the impression that I should say that Troy Davis was the one who shot the officer like the other witness [sic] had ...I felt like I was just following the rest of the witnesses. I also felt like I had to cooperate with the officer because of my being on parole ... I told the detective that Troy Davis was the shooter, even though the truth was that I didn't see who shot the officer.
Darrell "D.D." Collins
After a couple of hours of the detectives yelling at me and threatening me, I finally broke down and told them what they wanted to hear. They would tell me things that they said had happened and I would repeat whatever they said. ...It is time that I told the truth about what happened that night, and what is written here is the truth. I am not proud for lying at Troy's trial, but the police had me so messed up that I felt that's all I could do or else I would go to jail.
Larry Young
I couldn't honestly remember what anyone looked like or what different people were wearing. Plus, I had been drinking that day, so I just couldn't tell who did what. The cops didn't want to hear that and kept pressing me to give them answers. They made it clear that we weren't leaving until I told them what they wanted to hear. They suggested answers and I would give them what they wanted. They put typed papers in my face and told me to sign them. I did sign them without reading them.
Antoine Williams
They asked me to describe the shooter and what he looked like and what he was wearing. I kept telling them that I didn't know. It was dark, my windows were tinted, and I was scared. It all happened so fast. Even today, I know that I could not honestly identify with any certainty who shot the officer that night. I couldn't then either. After the officers talked to me, they gave me a statement and told me to sign it. I signed it. I did not read it because I cannot read.
Robert Grizzard
I have reviewed the transcript of my testimony from the trial of Troy Davis... During my testimony I said that the person who shot the officer was wearing a light colored shirt. The truth is that I don't recall now and I didn't recall then what the shooter was wearing, as I said in my initial statement...
The truth is that Troy never confessed to me or talked to me about the shooting of the police officer. I made up the confession from information I had heard on T.V. and from other inmates about the crimes. Troy did not tell me any of this... I have now realized what I did to Troy so I have decided to tell the truth... I need to set the record straight.
Monty Holmes
I told them I didn't know anything about who shot the officer, but they kept questioning me. I was real young at that time and here they were questioning me about the murder of a police officer like I was in trouble or something. I was scared... [I]t seemed like they wouldn't stop questioning me until I told them what they wanted to hear. So I did. I signed a statement saying that Troy told me that he shot the cop.
Jeffrey Sapp
I got tired of them harassing me, and they made it clear that the only way they would leave me alone is if I told them what they wanted to hear. I told them that Troy told me he did it, but it wasn't true. Troy never said that or anything like it. When it came time for Troy's trial, the police made it clear to me that I needed to stick to my original statement; that is, what they wanted me to say. I didn't want to have any more problems with the cops, so I testified against Troy.
Dorothy Ferrell
From the way the officer was talking, he gave me the impression that I should say that Troy Davis was the one who shot the officer like the other witness [sic] had ...I felt like I was just following the rest of the witnesses. I also felt like I had to cooperate with the officer because of my being on parole ... I told the detective that Troy Davis was the shooter, even though the truth was that I didn't see who shot the officer.
Darrell "D.D." Collins
After a couple of hours of the detectives yelling at me and threatening me, I finally broke down and told them what they wanted to hear. They would tell me things that they said had happened and I would repeat whatever they said. ...It is time that I told the truth about what happened that night, and what is written here is the truth. I am not proud for lying at Troy's trial, but the police had me so messed up that I felt that's all I could do or else I would go to jail.
Larry Young
I couldn't honestly remember what anyone looked like or what different people were wearing. Plus, I had been drinking that day, so I just couldn't tell who did what. The cops didn't want to hear that and kept pressing me to give them answers. They made it clear that we weren't leaving until I told them what they wanted to hear. They suggested answers and I would give them what they wanted. They put typed papers in my face and told me to sign them. I did sign them without reading them.
Antoine Williams
They asked me to describe the shooter and what he looked like and what he was wearing. I kept telling them that I didn't know. It was dark, my windows were tinted, and I was scared. It all happened so fast. Even today, I know that I could not honestly identify with any certainty who shot the officer that night. I couldn't then either. After the officers talked to me, they gave me a statement and told me to sign it. I signed it. I did not read it because I cannot read.
Robert Grizzard
I have reviewed the transcript of my testimony from the trial of Troy Davis... During my testimony I said that the person who shot the officer was wearing a light colored shirt. The truth is that I don't recall now and I didn't recall then what the shooter was wearing, as I said in my initial statement...
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» Quotes from witness affidavits recanting their testimony (continued)
Posted by: fanny666
» Great info.
Posted by: chuckjs
» Supreme Court date moved back AGAIN
Posted by: fanny666
» Supreme Court met on the 10th, now they're deciding whether to hear the case
Posted by: fanny666
» New Execution Date set for October 27
Posted by: fanny666
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Don't throw out the boar with the bathwater
Posted by: Gregory Kruse on Sep 26, 2008 8:03 AM
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Posted by: Gregory Kruse on Sep 26, 2008 8:03 AM
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I've been a liberal all my life, and recently rejoined Amnesty International after a long hiatus over the death penalty. I must be hardwired in favor of it. I believe that some people are so heartless and evil that they should be killed when they are found guilty of heinous acts. I am only concerned that there be no doubt that they actually did the heinous deed(s). Simply killing a policeman is not a heinous crime. But there is no real evidence that Troy killed anyone, and there is no evidence that he is heartless and evil. In fact, it is the police, the Georgia Pardons Board, and the Georgia Supreme Court who appear heartless and evil in this case. I want Troy saved not only from the death penalty but any penalty at all until and unless he is proven guilty beyond a reasonable doubt, but I want my state of Illinois to be free to execute the man who brutally beat an old man to death and killed women and children in Missouri if the courts so convict him beyond a reasonable doubt of these heinous crimes he is accused of. We should be concerned only about protecting the innocent and ridding ourselves of those who by some accident of nature have no conscience and no empathy. I am all in favor of throwing out the filthy bathwater of false witness and indiscriminate revenge against innocent people by the police, but I want to keep the unpleasant smelling boar of the death penalty in a nice clean pen with fresh straw.
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I STILL HAVE HOPE FOR DAVIS
Posted by: VZEQICVA on Sep 26, 2008 8:21 AM
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Posted by: VZEQICVA on Sep 26, 2008 8:21 AM
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Our attitudes toward police in general have changed over 17 years. They have betrayed our trust. Pressuring witnesses for any reason is wrong. Since there are seven less witnesses(?) to the crime and still no weapoon, exactly what would hold up the guilty verdict? Are these people still alive and willing to tell their story? Or will the police continue to make their lives miserable. The story has drifted away from Davis and has become another butt covering event. The police have tarnished their own reputation. No one should have to die so they can continue to 'look good'. Thanks, ANNA
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When the System Has You
Posted by: bryangalt on Sep 26, 2008 8:17 PM
Current rating: 3 [1 = poor; 5 = excellent]
Posted by: bryangalt on Sep 26, 2008 8:17 PM
Current rating: 3 [1 = poor; 5 = excellent]
It would nice to think that this story is an abherration and that the justice system rarely fails with this much bravado, but this situation is like a gemstone, in that the problems are multi-faceted.
1. DEMAND FOR JUSTICE AT ALL COSTS: The citizen's call for action in criminal cases has led to a mentality of "if you got arrested, you must be guilty" and that in turn empowers the cops and the prosecution to make their case no matter what the facts are.
2. IF YOU'VE BEEN CONVICTED: Once you've been convicted of a crime "beyond a reasonable doubt" by a jury of "your peers" you are screwed. Even in cases where the evidence against someone is shown to be falsified, the system doesn't want to let you go. The reason for this goes back to item #1.
3. PUBLIC FEARMONGER'S: The media falls right into line with their role in spreading the propoganda of fear that your life is in imminent danger if the laws are corrected to match your constitutional right to a "fair and speedy trial".
4. HARD-ON FOR POWER: The local prosecutor on to the Attorneys General all get stiff (yes, even the females do to) when they go after someone, in that 'thrill of the chase' mentality that most predatory species possess. One they have it in their minds that your "it" they rarely let it go because to do so would be to admit that they can make mistakes too and that can't be allowed in their power hungry world.
I am advocating a change in the law that can make cases like this stop happening and reduce the number of cases like this that get started in the first place:
1. BEYOND A REASONABLE DOUBT: This provision itself must be defined more clearly. The fact that we all have a different definition of what's reasonable and when the person being tried could be put to death, then their cannot be any room for doubt. Therefore, the only way a person could be put to death is if they are caught in the act of killing someone, or if the absolutely indisputable scientific evidence (such as DNA) proves that they did the deed. If that cannot be established, then the death sentence cannot be employed.
2. CAPITOL TRIALS GIVEN GREATER ATTENTION: When a person is accused of a capital crime the state needs to give them an attorney if they cannot afford one. This attorney should be required to have capital trial experience, and they should be given the same resources as the DA's office for investigations and witness interviews so that no details are overlooked. As it right now, many defendants are getting appalling representation that should be considered unacceptable by society.
3. THEY STILL SLIPPED THROUGH: In cases where it is clear that the evidence against a convicted person has been coerced, tampered with or recanted, that person should be required to have a new trial, period.
If it's found that the police forced out a confession or statements supporting their version of the crime then the convicted person should be required to have a new trial, and the cops should be tried for violating that persons rights, with a minimum sentence that is equal to the time spent in jail by the person that was convicted thanks to their zealous behavior.
In the movie "street kings" the main character makes this statement which hits the heart of the problem, "it doesn't matter what the facts of the case were, it's how we write it up."
I've witnessed firsthand the abuses of the system played out against friends and relatives. We need changes and only society can make that happen.
1. DEMAND FOR JUSTICE AT ALL COSTS: The citizen's call for action in criminal cases has led to a mentality of "if you got arrested, you must be guilty" and that in turn empowers the cops and the prosecution to make their case no matter what the facts are.
2. IF YOU'VE BEEN CONVICTED: Once you've been convicted of a crime "beyond a reasonable doubt" by a jury of "your peers" you are screwed. Even in cases where the evidence against someone is shown to be falsified, the system doesn't want to let you go. The reason for this goes back to item #1.
3. PUBLIC FEARMONGER'S: The media falls right into line with their role in spreading the propoganda of fear that your life is in imminent danger if the laws are corrected to match your constitutional right to a "fair and speedy trial".
4. HARD-ON FOR POWER: The local prosecutor on to the Attorneys General all get stiff (yes, even the females do to) when they go after someone, in that 'thrill of the chase' mentality that most predatory species possess. One they have it in their minds that your "it" they rarely let it go because to do so would be to admit that they can make mistakes too and that can't be allowed in their power hungry world.
I am advocating a change in the law that can make cases like this stop happening and reduce the number of cases like this that get started in the first place:
1. BEYOND A REASONABLE DOUBT: This provision itself must be defined more clearly. The fact that we all have a different definition of what's reasonable and when the person being tried could be put to death, then their cannot be any room for doubt. Therefore, the only way a person could be put to death is if they are caught in the act of killing someone, or if the absolutely indisputable scientific evidence (such as DNA) proves that they did the deed. If that cannot be established, then the death sentence cannot be employed.
2. CAPITOL TRIALS GIVEN GREATER ATTENTION: When a person is accused of a capital crime the state needs to give them an attorney if they cannot afford one. This attorney should be required to have capital trial experience, and they should be given the same resources as the DA's office for investigations and witness interviews so that no details are overlooked. As it right now, many defendants are getting appalling representation that should be considered unacceptable by society.
3. THEY STILL SLIPPED THROUGH: In cases where it is clear that the evidence against a convicted person has been coerced, tampered with or recanted, that person should be required to have a new trial, period.
If it's found that the police forced out a confession or statements supporting their version of the crime then the convicted person should be required to have a new trial, and the cops should be tried for violating that persons rights, with a minimum sentence that is equal to the time spent in jail by the person that was convicted thanks to their zealous behavior.
In the movie "street kings" the main character makes this statement which hits the heart of the problem, "it doesn't matter what the facts of the case were, it's how we write it up."
I've witnessed firsthand the abuses of the system played out against friends and relatives. We need changes and only society can make that happen.
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» RE: When the System Has You
Posted by: claret1963
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Has a Drivers License but he can't read?
Posted by: Mark Allen MacPhail on Oct 15, 2008 8:28 AM
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Posted by: Mark Allen MacPhail on Oct 15, 2008 8:28 AM
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Ok, looking over the excerpts of these recantings, they all say the same thing. They were forced and pressured into signing those statements. Ok, 1 guy was very young, where were his parents during all of this questioning?
Antoine Williams: he can't read...........he didn't have to read when he testified in court. How is he able to drive a vehicle with a valid license if he could not read to take the test?
These are simply absurd!
Antoine Williams: he can't read...........he didn't have to read when he testified in court. How is he able to drive a vehicle with a valid license if he could not read to take the test?
These are simply absurd!
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here are the facts
Posted by: Mark Allen MacPhail on Oct 17, 2008 8:06 AM
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Posted by: Mark Allen MacPhail on Oct 17, 2008 8:06 AM
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Georgia Attorney General Baker Announces Execution Date For Troy Anthony Davis
By admin - Posted on September 23rd, 2008
7/5/2007 -- Georgia Attorney General Thurbert E. Baker offers the following information in the case against Troy Anthony Davis, who is currently scheduled to be executed on July 17, 2007 at 7:00 pm.
Scheduled Execution On June 29, 2007, the Superior Court of Chatham County filed an order, setting the seven-day window in which the execution of Troy Anthony Davis may occur to begin at noon, July 17, 2007, and ending seven days later at noon on July 24, 2007. The Commissioner of the Department of Corrections, acting pursuant to his statutory authority, then set the execution to occur at 7:00 pm on Tuesday, July 17, 2007. Davis has concluded his direct appeal proceedings and his state and federal habeas corpus proceedings.
Davis’ Crimes
At approximately 1:00 a.m. on Saturday, August 19, 1989, Officer David Owens, of the Savannah Police Department, responded to a call of “an officer down” at the Greyhound bus station on Oglethorpe Avenue. (T. 759) . Officer Owens found the victim, Mark McPhail, a 27 year-old Savannah police officer, lying face down in the parking lot of the Burger King restaurant next to the bus station. (T. 759). Officer McPhail’s mouth was filled with blood and bits of his teeth were on the sidewalk. As he began administering CPR to the victim, Officer Owens noticed that the victim’s firearm was still snapped into his holster. (T. 761). Larry Young, who was present at the scene, told police that between midnight and 1:00 a.m. he had walked from the Burger King parking lot, which was frequented by transients and homeless individuals, to the convenience store down the block to purchase beer. (T. 797-798). Sylvester “Red” Coles saw Young leave the pool hall next door and began following Young demanding a beer. (T. 798). Coles continued to harass Mr. Young all the way back to the Burger King. (T. 799). When Young arrived at the parking lot, Harriet Murray and two unidentified men were sitting on a low wall by the restaurant. Davis and Daryl Collins, who had taken a shortcut to the parking lot, came out from behind the bank and surrounded Mr. Young. (T. 799). Mr. Coles, who was facing Mr. Young, told him not to walk away “cause you don’t know me, I’ll shoot you,” and began digging in his pants. (T. 845). The two men seated on the wall fled, and Ms. Murray ran to the back door of the Burger King, which was locked. (T. 799). Davis, who was behind Young and to his right, blindsighted him, striking him on the side of the face with a snub-nosed pistol, inflicting a severe head injury which formed the basis of Count III of the indictment. Mr. Young began to bleed profusely, and he stumbled to a van parked in front of the Burger King drive-in window, asking the occupants for help. (T. 803). When the driver did not respond, he went to the drive-in window, but the manager shut it in his face. (T. 803, 915).
In response to the disturbance in the parking lot, Officer McPhail, who was working as a security guard at the restaurant, walked rapidly from behind the bus station, with his nightstick in his hand and ordered the three men to halt. (T. 849). Mr. Collins and Davis fled, and Officer McPhail ran past Sylvester Coles in pursuit of Davis. (T. 851). Davis looked over his shoulder, and when the officer was five to six feet away, shot him. Officer McPhail fell to the ground, and Davis walked towards him and shot him again while he was on the ground. (T. 850). One eyewitness testified that Davis was smiling at the time. (T. 851). The victim died of gunshot wounds before help arrived.
By admin - Posted on September 23rd, 2008
7/5/2007 -- Georgia Attorney General Thurbert E. Baker offers the following information in the case against Troy Anthony Davis, who is currently scheduled to be executed on July 17, 2007 at 7:00 pm.
Scheduled Execution On June 29, 2007, the Superior Court of Chatham County filed an order, setting the seven-day window in which the execution of Troy Anthony Davis may occur to begin at noon, July 17, 2007, and ending seven days later at noon on July 24, 2007. The Commissioner of the Department of Corrections, acting pursuant to his statutory authority, then set the execution to occur at 7:00 pm on Tuesday, July 17, 2007. Davis has concluded his direct appeal proceedings and his state and federal habeas corpus proceedings.
Davis’ Crimes
At approximately 1:00 a.m. on Saturday, August 19, 1989, Officer David Owens, of the Savannah Police Department, responded to a call of “an officer down” at the Greyhound bus station on Oglethorpe Avenue. (T. 759) . Officer Owens found the victim, Mark McPhail, a 27 year-old Savannah police officer, lying face down in the parking lot of the Burger King restaurant next to the bus station. (T. 759). Officer McPhail’s mouth was filled with blood and bits of his teeth were on the sidewalk. As he began administering CPR to the victim, Officer Owens noticed that the victim’s firearm was still snapped into his holster. (T. 761). Larry Young, who was present at the scene, told police that between midnight and 1:00 a.m. he had walked from the Burger King parking lot, which was frequented by transients and homeless individuals, to the convenience store down the block to purchase beer. (T. 797-798). Sylvester “Red” Coles saw Young leave the pool hall next door and began following Young demanding a beer. (T. 798). Coles continued to harass Mr. Young all the way back to the Burger King. (T. 799). When Young arrived at the parking lot, Harriet Murray and two unidentified men were sitting on a low wall by the restaurant. Davis and Daryl Collins, who had taken a shortcut to the parking lot, came out from behind the bank and surrounded Mr. Young. (T. 799). Mr. Coles, who was facing Mr. Young, told him not to walk away “cause you don’t know me, I’ll shoot you,” and began digging in his pants. (T. 845). The two men seated on the wall fled, and Ms. Murray ran to the back door of the Burger King, which was locked. (T. 799). Davis, who was behind Young and to his right, blindsighted him, striking him on the side of the face with a snub-nosed pistol, inflicting a severe head injury which formed the basis of Count III of the indictment. Mr. Young began to bleed profusely, and he stumbled to a van parked in front of the Burger King drive-in window, asking the occupants for help. (T. 803). When the driver did not respond, he went to the drive-in window, but the manager shut it in his face. (T. 803, 915).
In response to the disturbance in the parking lot, Officer McPhail, who was working as a security guard at the restaurant, walked rapidly from behind the bus station, with his nightstick in his hand and ordered the three men to halt. (T. 849). Mr. Collins and Davis fled, and Officer McPhail ran past Sylvester Coles in pursuit of Davis. (T. 851). Davis looked over his shoulder, and when the officer was five to six feet away, shot him. Officer McPhail fell to the ground, and Davis walked towards him and shot him again while he was on the ground. (T. 850). One eyewitness testified that Davis was smiling at the time. (T. 851). The victim died of gunshot wounds before help arrived.
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More facts that supreme court saw
Posted by: Mark Allen MacPhail on Oct 17, 2008 8:09 AM
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Posted by: Mark Allen MacPhail on Oct 17, 2008 8:09 AM
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Thirty minutes after the killing, Red Coles appeared at his sister’s house a few blocks from the bus station. Mr. Coles asked his sister for another shirt. (T. 915). Shortly thereafter, Davis appeared and asked Mr. Coles for the yellow t-shirt Coles had been wearing. After he changed his shirt, Davis left. (T. 915). Davis fled to Atlanta the following day and surrendered to authorities on August 23, 1989. Pursuant to an investigation, police learned that on the night prior to the killing, Davis had attended a party on Cloverdale Drive in a subdivision near Savannah. (T. 1115-1116). During the party, Davis, annoyed that some girls ignored him, told several of his friends something about “burning them.” (T. 146). Davis then walked around saying, “I feel like doing something, anything.” (T. 1464). When Michael Cooper and his friends were leaving the party, Davis was standing out front. (T. 1120). Michael Cooper was in the front passenger seat, and as the car pulled away, several of the men in the car leaned out the window shouting and throwing things. (T. 1120, 1186). Davis shot at the car from a couple of hundred feet away and the bullet shattered the back windshield and lodged in Michael Cooper’s right jaw. (T. 1186). Cooper was treated at the hospital and released and Cooper’s injury formed the basis for Count IV of Davis’ indictment. The shooting incident took place approximately one hour before Officer McPhail was shot. Shortly after Michael Cooper was shot, Eric Ellison and D.D. Collins picked up Davis in Cloverdale and took him to Brown’s pool hall in Savannah. Red Coles, wearing a yellow t-shirt, was already at the pool hall. An autopsy revealed that Officer McPhail was shot twice. One bullet entered the corner of his cheekbone on the left side and exited the back of his neck; the bullet blew away bits of his teeth, and his lip was impaled on his teeth. (T. 782-784). The second bullet passed through the armhole of McPhail’s bullet-proof vest, and entered his chest on the left side. (T. 784). This bullet pierced the lung and the aorta, and lodged in the opposite side between the third and fourth vertebrae, at the back of the chest cavity near the spinal column. (T. 784-787). The cause of the victim’s death was a loss of blood from a gunshot wound to the left side of his chest. (T. 789). The pathologist further noted that there were scrapes and lacerations on the victim’s arms and legs, and an apparent injury to his right thigh, which could have been grazed by a bullet. (T. 788-789). A ballistics expert testified that the bullet that wounded Michael Cooper could have been fired from a .38 special revolver or a .357 magnum. (T. 1291). The bullet from McPhail’s body was of the same type and was possibly fired from the same weapon as used in the Cooper shooting. (T. 1292). Four .38 special casings recovered at Cloverdale, where Michael Cooper was wounded, were fired from the same gun as casings found at the scene of Officer McPhail’s murder. (T. 1292). At trial, Kevin McQueen, who was at the Chatham City jail with Davis, testified that Davis told him there had been a party in Cloverdale on the night prior to the victim’s murder; Davis had argued with some boys and there was an exchange of gunfire. (T. 1230-1231). Davis told McQueen he did some of the shooting. (T. 1231). After the party, Davis went to a girlfriend’s house and intended to eat breakfast at Burger King. Davis stated that he was with a friend and they ran into a guy who “owed money to buy dope.” (T. 1231). There was a fight, Officer McPhail appeared, and Davis shot him in the face. As Officer McPhail attempted to get up, Davis shot him again, because he was afraid McPhail had seen him that night at Cloverdale. (T. 1232). Davis also told McQueen that he was on his way out of town to Atlanta. (T. 1232).
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oh and there is more please read
Posted by: Mark Allen MacPhail on Oct 17, 2008 8:16 AM
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Posted by: Mark Allen MacPhail on Oct 17, 2008 8:16 AM
Current rating: Not yet rated [1 = poor; 5 = excellent]
Jeffrey Lapp testified that Davis told him he did the shooting at Burger King, but that it was self-defense. (T. 1249-1252). Mr. Lapp noted that Davis’ street name was RAH, standing for “Rough As Hell.” (T. 1257). Red Coles identified Davis as the perpetrator of Officer McPhail’s murder, as did numerous other eyewitnesses, including Harriet Murray, Dorothy Ferrell, Daryl Collins, Antoine Williams, Steven Sanders and Larry Young.The Trial (1989-1991)
Davis was indicted in the Superior Court of Chatham County, Georgia on November 15, 1989, for the murder of Officer Mark Allen McPhail. On August 28, 1991, a jury found Davis guilty of one count of malice murder, one count of obstruction of a law enforcement officer, two counts of aggravated assault and one count of possession of firearm during the commission of a felony. The jury’s recommendation of a death sentence was returned on August 30, 1991.
The Direct Appeal (1992-1993)
The Georgia Supreme Court unanimously affirmed Davis’ convictions and death sentence on February 26, 1993. Davis v. State, 263 Ga. 5, 426 S.E.2d 844 (1993). The Georgia Supreme Court specifically found that the evidence presented at Davis’ trial was sufficient to support the jury’s verdict, by stating that, “The evidence supports the conviction on all counts.” Davis v. State, 263 Ga. 5, 7 (1993). Davis’ motion for reconsideration was denied on March 23, 1993. Davis filed a petition for writ of certiorari in the United States Supreme Court, which was denied on November 1, 1993. Davis v. Georgia, 510 U.S. 950, 114 S.Ct. 396 (1993). Davis’ petition for rehearing was denied on January 10, 1994. Davis v. Georgia, 510 U.S. 1066, 114 S.Ct. 745 (1994).
State Habeas Corpus Petition (1994-1997) Davis, represented by the Georgia Resource Center, filed a petition for a writ of habeas corpus in the Superior Court of Butts County, Georgia on March 15, 1994. An evidentiary hearing was held on December 16, 1996. On September 9, 1997, the state habeas corpus court denied Davis state habeas corpus relief. The state habeas corpus court noted “from a review of the record that many pieces of evidence supporting a finding that Coles was the shooter or highlighting inconsistencies in the testimony of the witnesses who identified Davis as the shooter were indeed presented to the jury during Davis’ trial. (cite omitted). The jury, in its rightful role as finder of fact during the trial, was responsible for evaluating the credibility of the witnesses and determining whether the state proved beyond a reasonable doubt that Davis shot and killed Officer McPhail. This court, although acting now as the finder of fact in this habeas proceeding, cannot supplant the role of the jury and find based on its own review of the record that the jury should have concluded that the state did not carry its burden at Davis’ trial. The core purpose of the writ of habeas corpus would not be served by such a presumptuous usurpation of the jury’s deliberative process. This court is limited to evaluating whether Davis’ rights were properly protected in the context of his jury trial.” (State habeas corpus order of September 5, 1997, denying relief, page 41).
Davis’ application for a certificate of probable cause to appeal filed in the Georgia Supreme Court was granted on February 24, 2000. Specifically, the Court asked the parties to address the following issues: (1) whether execution by electrocution constituted cruel and unusual punishment under our Federal and State Constitutions; (2) whether imposition of the death penalty in this case was disproportionate to the penalty imposed in other similar cases in Georgia; (3) whether Petitioner’s appellate counsel operated under a conflict of interest; and (4) whether Petitioner’s absence during critical stages of his trial violated his rights under our Federal and State Constitutions. Following briefing and oral argument,
Davis was indicted in the Superior Court of Chatham County, Georgia on November 15, 1989, for the murder of Officer Mark Allen McPhail. On August 28, 1991, a jury found Davis guilty of one count of malice murder, one count of obstruction of a law enforcement officer, two counts of aggravated assault and one count of possession of firearm during the commission of a felony. The jury’s recommendation of a death sentence was returned on August 30, 1991.
The Direct Appeal (1992-1993)
The Georgia Supreme Court unanimously affirmed Davis’ convictions and death sentence on February 26, 1993. Davis v. State, 263 Ga. 5, 426 S.E.2d 844 (1993). The Georgia Supreme Court specifically found that the evidence presented at Davis’ trial was sufficient to support the jury’s verdict, by stating that, “The evidence supports the conviction on all counts.” Davis v. State, 263 Ga. 5, 7 (1993). Davis’ motion for reconsideration was denied on March 23, 1993. Davis filed a petition for writ of certiorari in the United States Supreme Court, which was denied on November 1, 1993. Davis v. Georgia, 510 U.S. 950, 114 S.Ct. 396 (1993). Davis’ petition for rehearing was denied on January 10, 1994. Davis v. Georgia, 510 U.S. 1066, 114 S.Ct. 745 (1994).
State Habeas Corpus Petition (1994-1997) Davis, represented by the Georgia Resource Center, filed a petition for a writ of habeas corpus in the Superior Court of Butts County, Georgia on March 15, 1994. An evidentiary hearing was held on December 16, 1996. On September 9, 1997, the state habeas corpus court denied Davis state habeas corpus relief. The state habeas corpus court noted “from a review of the record that many pieces of evidence supporting a finding that Coles was the shooter or highlighting inconsistencies in the testimony of the witnesses who identified Davis as the shooter were indeed presented to the jury during Davis’ trial. (cite omitted). The jury, in its rightful role as finder of fact during the trial, was responsible for evaluating the credibility of the witnesses and determining whether the state proved beyond a reasonable doubt that Davis shot and killed Officer McPhail. This court, although acting now as the finder of fact in this habeas proceeding, cannot supplant the role of the jury and find based on its own review of the record that the jury should have concluded that the state did not carry its burden at Davis’ trial. The core purpose of the writ of habeas corpus would not be served by such a presumptuous usurpation of the jury’s deliberative process. This court is limited to evaluating whether Davis’ rights were properly protected in the context of his jury trial.” (State habeas corpus order of September 5, 1997, denying relief, page 41).
Davis’ application for a certificate of probable cause to appeal filed in the Georgia Supreme Court was granted on February 24, 2000. Specifically, the Court asked the parties to address the following issues: (1) whether execution by electrocution constituted cruel and unusual punishment under our Federal and State Constitutions; (2) whether imposition of the death penalty in this case was disproportionate to the penalty imposed in other similar cases in Georgia; (3) whether Petitioner’s appellate counsel operated under a conflict of interest; and (4) whether Petitioner’s absence during critical stages of his trial violated his rights under our Federal and State Constitutions. Following briefing and oral argument,
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just when it was getting interesting......
Posted by: Mark Allen MacPhail on Oct 17, 2008 8:18 AM
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Posted by: Mark Allen MacPhail on Oct 17, 2008 8:18 AM
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the Georgia Supreme Court affirmed the denial of state habeas corpus relief on November 13, 2000. Davis v. Turpin, 273 Ga. 244, 539 S.E.2d 129 (2000). Davis’ motion for reconsideration was denied on December 15, 2000. Davis then filed a petition for writ of certiorari in the United States Supreme Court, which was denied on October 1, 2001. Davis v. Turpin, 534 U.S. 842, 122 S.Ct. 100 (2001)., the Georgia Supreme Court affirmed the denial of state habeas corpus relief on November 13, 2000. Davis v. Turpin, 273 Ga. 244, 539 S.E.2d 129 (2000). Davis’ motion for reconsideration was denied on December 15, 2000. Davis then filed a petition for writ of certiorari in the United States Supreme Court, which was denied on October 1, 2001. Davis v. Turpin, 534 U.S. 842, 122 S.Ct. 100 (2001).
Federal Habeas Corpus Petition (2001-2004)
Davis, represented by Thomas Dunn, filed a petition for a writ of habeas corpus in the United States District Court for the Southern District of Georgia, Savannah Division, on December 14, 2001. On May 13, 2004, the district court denied Davis federal habeas corpus relief. In its order denying relief, the federal habeas corpus court denied Davis a federal evidentiary hearing stating that, “this Court finds that because the submitted affidavits are insufficient to raise doubts as to the constitutionality of the result at trial, there is no danger of a miscarriage of justice in declining to consider the claim.” (Federal habeas corpus order of 5/13/04, p/ 25.) The federal habeas corpus court denied a motion to alter and amend judgment on June 3, 2004. The federal habeas corpus court denied Davis a certificate of appealability on July 20, 2004.
11th Circuit Court of Appeals (2004-2006)
The Eleventh Circuit granted Davis’ application for certificate of appealability on September 15, 2004. The case was orally argued before the Eleventh Circuit on September 7, 2005. On September 26, 2006, the Eleventh Circuit issued an opinion which affirmed the denial of federal habeas corpus relief to Davis. Davis v. Terry, 465 F.3d 1249 (11th Cir. 2006). In the Eleventh Circuit’s opinion, the Court noted, “In this case, Davis does not make a substantive claim of actual innocence. Rather, he argues that his constitutional claims of an unfair trial must be considered, even though they are otherwise procedurally defaulted, because he has made the requisite showing of actual innocence under Schlup.” Davis v. Terry, 465 F.3d 1249, 1251 (11th Cir. 2006).
Reviewing each of Davis’s claims, the Eleventh Circuit affirmed the denial of federal habeas corpus relief by stating the following, “Having very carefully considered this record, we cannot say that the district court erred in concluding that Davis has not borne his burden to establish a viable claim that his trial was constitutionally unfair.” Davis v. Terry, 465 F.3d 1249, 1256 (11th Cir. 2006).
Federal Habeas Corpus Petition (2001-2004)
Davis, represented by Thomas Dunn, filed a petition for a writ of habeas corpus in the United States District Court for the Southern District of Georgia, Savannah Division, on December 14, 2001. On May 13, 2004, the district court denied Davis federal habeas corpus relief. In its order denying relief, the federal habeas corpus court denied Davis a federal evidentiary hearing stating that, “this Court finds that because the submitted affidavits are insufficient to raise doubts as to the constitutionality of the result at trial, there is no danger of a miscarriage of justice in declining to consider the claim.” (Federal habeas corpus order of 5/13/04, p/ 25.) The federal habeas corpus court denied a motion to alter and amend judgment on June 3, 2004. The federal habeas corpus court denied Davis a certificate of appealability on July 20, 2004.
11th Circuit Court of Appeals (2004-2006)
The Eleventh Circuit granted Davis’ application for certificate of appealability on September 15, 2004. The case was orally argued before the Eleventh Circuit on September 7, 2005. On September 26, 2006, the Eleventh Circuit issued an opinion which affirmed the denial of federal habeas corpus relief to Davis. Davis v. Terry, 465 F.3d 1249 (11th Cir. 2006). In the Eleventh Circuit’s opinion, the Court noted, “In this case, Davis does not make a substantive claim of actual innocence. Rather, he argues that his constitutional claims of an unfair trial must be considered, even though they are otherwise procedurally defaulted, because he has made the requisite showing of actual innocence under Schlup.” Davis v. Terry, 465 F.3d 1249, 1251 (11th Cir. 2006).
Reviewing each of Davis’s claims, the Eleventh Circuit affirmed the denial of federal habeas corpus relief by stating the following, “Having very carefully considered this record, we cannot say that the district court erred in concluding that Davis has not borne his burden to establish a viable claim that his trial was constitutionally unfair.” Davis v. Terry, 465 F.3d 1249, 1256 (11th Cir. 2006).
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wow more fact on the case that hasn't been heard....
Posted by: Mark Allen MacPhail on Oct 17, 2008 8:21 AM
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Posted by: Mark Allen MacPhail on Oct 17, 2008 8:21 AM
Current rating: Not yet rated [1 = poor; 5 = excellent]
Davis filed a petition for panel rehearing on October 17, 2006, which was denied on December 13, 2006.
United States Supreme Court (2007)
Davis filed a petition for writ of certiorari in the United States Supreme Court on April 11, 2007, which was denied on June 25, 2007.
Source: Georgia Attorney General
Myth # 1
Seven of the nine non-police witnesses against Davis have recanted their testimony or contradicted the story they told in court.
Truth #1
None of the recantations listed by Davis supporters state that Davis did not murder Officer MacPhail.
All but one of the “recants” state that the statements they gave at the time of the murder were typed up by the investigating officers after and during their interviews and that they signed them without reading them.
What they fail to mention is that TWO YEARS later they testified in court that their statements were true.
It has only happened several years after the conviction that they have spoken to members of Davis’ legal team, family and supporters that they NOW claim to have given false statements. It is transparently clear that the convicted murder’s supporters have manipulated these witnesses into saying they did not understand what they were saying during the investigation OR during the trial.
Two of the original witnesses HAVE NOT RECANTED their testimony that named Troy Davis as the murderer. This has so angered Davis’ supporters that they are trying to name one of these witnesses (Coles) as the shooter.
Coles was standing behind Officer MacPhail when MacPhail ran by chasing Davis. Davis turned and shot Officer from the front.
Coles came back to the scene of the shooting with a female after police arrived.
Davis changed clothes (even asking Coles for a shirt later) and fled to Atlanta with his sister.
Myth #2
There was never any physical evidence tying Davis to the murder for which he was convicted and sentenced to death.
Truth #2
A bullet that was removed from the jaw of a man who was shot by Troy Davis earlier in the day was compared to a bullet removed from Officer MacPhail. The ballistics matched!
During the latest Pardons and Parole Board hearing a Georgia Bureau of Investigation ballistics expert was present to testify about this evidence.
Bloody "spotted" clothing was removed from Davis’ house after he was named as a suspect. Because of the way Troy was standing above Officer MacPhail when he executed the officer he would have received a faint splatter of blood (because Officer MacPhail was on the ground most of the splatter would have been dispersed out along the ground and not upward).
A DNA test was performed on this evidence several years after the shooting because this technology did not exist at the time of the murder. The blood was so degraded (due to time) and the spots so small that the test “consumed” the sample without results. The Prosecutors NOT Troy Davis asked for this test.
Myth #3
The verdict was an example of the racist court system in Chatham County Georgia.
Truth #3
The jury that found Davis guilty was majority/minority.
Myth #4
Most convicted criminals on Georgia’s Death Row as of January 2008 were minorities.
Truth #4
The majority of those convicted persons on Georgia’s Death Row are white males. The lone female on Georgia’s Death Row is white.
Myth #5
The support Davis is receiving from celebrities and human rights groups must mean there is doubt about his innocence.
Truth #5
The celebrities and human rights groups that are asking for clemency for Davis are doing so because they oppose the death penalty NOT because he is innocent. He IS GULITY!
United States Supreme Court (2007)
Davis filed a petition for writ of certiorari in the United States Supreme Court on April 11, 2007, which was denied on June 25, 2007.
Source: Georgia Attorney General
Myth # 1
Seven of the nine non-police witnesses against Davis have recanted their testimony or contradicted the story they told in court.
Truth #1
None of the recantations listed by Davis supporters state that Davis did not murder Officer MacPhail.
All but one of the “recants” state that the statements they gave at the time of the murder were typed up by the investigating officers after and during their interviews and that they signed them without reading them.
What they fail to mention is that TWO YEARS later they testified in court that their statements were true.
It has only happened several years after the conviction that they have spoken to members of Davis’ legal team, family and supporters that they NOW claim to have given false statements. It is transparently clear that the convicted murder’s supporters have manipulated these witnesses into saying they did not understand what they were saying during the investigation OR during the trial.
Two of the original witnesses HAVE NOT RECANTED their testimony that named Troy Davis as the murderer. This has so angered Davis’ supporters that they are trying to name one of these witnesses (Coles) as the shooter.
Coles was standing behind Officer MacPhail when MacPhail ran by chasing Davis. Davis turned and shot Officer from the front.
Coles came back to the scene of the shooting with a female after police arrived.
Davis changed clothes (even asking Coles for a shirt later) and fled to Atlanta with his sister.
Myth #2
There was never any physical evidence tying Davis to the murder for which he was convicted and sentenced to death.
Truth #2
A bullet that was removed from the jaw of a man who was shot by Troy Davis earlier in the day was compared to a bullet removed from Officer MacPhail. The ballistics matched!
During the latest Pardons and Parole Board hearing a Georgia Bureau of Investigation ballistics expert was present to testify about this evidence.
Bloody "spotted" clothing was removed from Davis’ house after he was named as a suspect. Because of the way Troy was standing above Officer MacPhail when he executed the officer he would have received a faint splatter of blood (because Officer MacPhail was on the ground most of the splatter would have been dispersed out along the ground and not upward).
A DNA test was performed on this evidence several years after the shooting because this technology did not exist at the time of the murder. The blood was so degraded (due to time) and the spots so small that the test “consumed” the sample without results. The Prosecutors NOT Troy Davis asked for this test.
Myth #3
The verdict was an example of the racist court system in Chatham County Georgia.
Truth #3
The jury that found Davis guilty was majority/minority.
Myth #4
Most convicted criminals on Georgia’s Death Row as of January 2008 were minorities.
Truth #4
The majority of those convicted persons on Georgia’s Death Row are white males. The lone female on Georgia’s Death Row is white.
Myth #5
The support Davis is receiving from celebrities and human rights groups must mean there is doubt about his innocence.
Truth #5
The celebrities and human rights groups that are asking for clemency for Davis are doing so because they oppose the death penalty NOT because he is innocent. He IS GULITY!
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wait everyone here is more truth..and information thw world does not know
Posted by: Mark Allen MacPhail on Oct 17, 2008 8:25 AM
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Posted by: Mark Allen MacPhail on Oct 17, 2008 8:25 AM
Current rating: 1 [1 = poor; 5 = excellent]
Send messages to the Georgia Board of Pardons and Paroles thanking them for supporting Justice for ALL in Georgia. Fax numbers for the board are: 404-651-8502; 404-651-6670; and 404-651-5282.
here are the real facts, the courts have looked at and reinterviewed the witnesses that "recanted" and still determined the guilt. apparently you have no respect for your police that daily step in harms way for you and your family. I was there when they tesitfied in court that their prior testimony they gave the police were true. one of the witnesses when asked if she could identify the killer, specifically pointed to troy davis and said " you don't ever forget face like that" the death penalty should be mandated for killing a police officer.
Numbers 35:16 (Read all of Numbers 35)
And if he smite him with an instrument of iron, so that he die, he is a murderer: the murderer shall surely be put to death.
We have no satisfaction or revenge in Troy Davis execution, only want justice..
Numbers 35:31
Moreover ye shall take no satisfaction for the life of a murderer, which is guilty of death: but he shall be surely put to death. By the way.. he is guilty, troy knows it, mark knows it and GOD.. knows it. (in addition to the courts) the witnesses WERE INTERVIEWED personally by the pardons and parole board.... about their recantation.....the U.S. Supreme Court READ everything both sides had...
here are the real facts, the courts have looked at and reinterviewed the witnesses that "recanted" and still determined the guilt. apparently you have no respect for your police that daily step in harms way for you and your family. I was there when they tesitfied in court that their prior testimony they gave the police were true. one of the witnesses when asked if she could identify the killer, specifically pointed to troy davis and said " you don't ever forget face like that" the death penalty should be mandated for killing a police officer.
Numbers 35:16 (Read all of Numbers 35)
And if he smite him with an instrument of iron, so that he die, he is a murderer: the murderer shall surely be put to death.
We have no satisfaction or revenge in Troy Davis execution, only want justice..
Numbers 35:31
Moreover ye shall take no satisfaction for the life of a murderer, which is guilty of death: but he shall be surely put to death. By the way.. he is guilty, troy knows it, mark knows it and GOD.. knows it. (in addition to the courts) the witnesses WERE INTERVIEWED personally by the pardons and parole board.... about their recantation.....the U.S. Supreme Court READ everything both sides had...
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interested in more facts??on the case???
Posted by: Mark Allen MacPhail on Oct 17, 2008 8:29 AM
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Posted by: Mark Allen MacPhail on Oct 17, 2008 8:29 AM
Current rating: Not yet rated [1 = poor; 5 = excellent]
there is a website that states specifics.. the witnesses that recanted, they are lying NOW or they lied in court in 1991 either way.. it's purgery and that is a criminal offense that they can and may possibly be liable for.....
www.markallenmacphail.com oh did you know there was a ballistic expert at the pardons and parole hearing to give testimony that the bullets MATCH both shootings
www.markallenmacphail.com oh did you know there was a ballistic expert at the pardons and parole hearing to give testimony that the bullets MATCH both shootings
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