Three House Dems take on Georgia death case

[tblue]

Source: Politico

Three House Democrats are making a last-minute appeal to halt the planned execution of Troy Davis, a Georgia man found guilty two decades ago of killing a police officer but whose conviction has since been thrown into doubt.

Reps. John Conyers of Michigan – the ranking member of the House Judiciary Committee – Bobby Scott of Virginia and Hank Johnson of Georgia argued in a letter to the Georgia State Board of Pardons and Paroles that Davis’s legal team didn’t have enough time to show testimony from eyewitness experts to the board.

Several witnesses who went on the stand in Davis’s murder trial have since recanted their testimonies that linked Davis to the 1989 death of Savannah police officer Mark MacPhail.

“As you are well aware, the only evidence linking Mr. Davis to the crime is eyewitness testimony,” the lawmakers wrote to the parole board, which rejected Davis’s bid for clemency on Tuesday.

Davis, 42, has seen his execution delayed several times in recent years, with the U.S. Supreme Court intervening and asking a Georgia judge to reexamine the case. But Davis’s appeals have so far ultimately failed, and his execution is scheduled for 7 p.m. tonight.

“As a criminal defense attorney, judge and member of the House Judiciary Committee, it disturbs me to my core that an unnecessary and unjust killing may take place,” Johnson said in a statement. “If we execute a man despite new evidence that casts doubt on his guilt, it shakes the public’s faith in the integrity of justice in Georgia.”

Read more: http://www.politico.com/blogs/glennthrush/0911/Three_House_Dems_take_on_Georgia_death_case.html

---

KEEP WISHING, HOPING, PRAYING!

[avaistheone1]

1. K&R

:kick:

[Blue Owl]

2. There's something greater at stake than just one man's life

Haste makes waste.

[tcaudilllg]

65. Be that as it may...

the people in charge have respect for neither. But are they really "in charge"?

[teddy51]

3. Is it possible for the President to intervene in this case to stop the proceedings? n/t

[sharp_stick]

4. No it's a State crime

The Federal Government has no oversight beyond appeals to the Federal courts.

[A wise Man]

13. Hold on now....

The State saids they have nothing to do with it either Gov. Deal.So who in authority can stop this murder????????????????????

[sharp_stick]

15. The State of Georgia

decided to allow the Governor off the hook when it came to clemency petitions by putting it in the hands of an appointed, by the Governor no doubt, panel.

They claim they did this to allow the panel to better look at the evidence. In reality however it's just a way for the Governor to pretend he doesn't have blood on his hands every time the prison offs someone.

Funny and patently cowardly thing about the death penalty in this country is that the State always goes well out their way to make sure that nobody has to feel they are directly responsible for killing someone. From juries that are given strict instructions on what they may and may not do to the judge and prosecutor who claim they are simply following the law to the prison staff who do their work hidden behind curtains and one way mirrors.

[tropicanarose]

46. +1

[ooglymoogly]

74. That is bullcrap....the president has the absolute power to pardon or commute

the sentence of anyone in the US and could have stopped this execution on a dime... the governor also has this power to commute or pardon any citizen of his/her state. This is a total pass the buck hot potato situation for a bunch of racists running for cover for their criminal actions. As far as the prez is concerned; when has he ever stepped up to the plate for what is right except in the talk when elections roll around?

[sharp_stick]

78. Perhaps a very basic civics class

would be helpful. In GA the legislature let the Governor off the hook for clemency petitions by putting the entire process in the hands of the board of pardons and parole. Of interest is the fact that pretty much the entire board it populated by former law enforcement, corrections officials... IMO making a petition to them pretty much a moot point.

The President absolutely does not have the power to pardon or commute the sentence of State crime.

http://www.justice.gov/pardon/commutation_instructions.htm

"Under the Constitution, the President has the authority to commute sentences for federal criminal convictions, which are those adjudicated in the United States District Courts. In addition, the President's clemency power extends to convictions adjudicated in the Superior Court of the District of Columbia. However, the President cannot commute a state criminal sentence. Accordingly, if you are seeking clemency for a state criminal conviction, you should not complete and submit this petition. Instead, you should contact the Governor or other appropriate authorities of the state where you were convicted (such as the state board of pardons and paroles) to determine whether any relief is available to you under state law."

[AnotherDreamWeaver]

6. ANSWER Coalition is still asking for signatures:

Subscribe Forward this email Donate
More than 4,000 letters sent in first 3 hours
to Pres. Obama and Attorney General Holder
Save Troy Davis!
Let's keep up the pressure! Since we issued an appeal at 11:15am Eastern Time, more than 4,000 letters have been sent on behalf of Troy Davis. If you have not sent a letter yet, send one right now. If you've already sent a letter, share this with everyone you know urging them to take action. Time is running out.
Send a letter to President Obama and Attorney General Holder demanding a federal civil rights investigation that could stay tonight’s execution of Troy Davis.
Spread the word about this urgent call to action:

Tell President Obama to take action
to save the life of Troy Davis
Send this appeal to everyone you know
Send a letter right now to President Obama and Attorney General Holder demanding a federal civil rights investigation that could stay tonight’s execution of Troy Davis.



TOP: Troy Davis. BOTTOM: Supporters of Troy Davis demand justice in front of the Georgia Capitol building, Sept. 20.

You can also call the White House switchboard and tell them that you want President Obama to initiate a federal civil rights investigation and seek a stay of execution. Call the White House at 202-456-1414.

[tblue]

7. PLEASE Make this its own OP!

So many of us will do it if we see this. Thank you!!! :hug:

[lame54]

31. sent email and am on hold for the White House comment line

[tblue]

23. Go here, please! We're asking them to intervene based on civil rights violations.

http://www.answercoalition.org/national/news/tell-president-obama-take-action-troy-davis.html

[Gregorian]

5. My unrelated comment- when they execute, they also punish the family.

Why is this not mentioned? Think of the sister, mother, father.

Killing a prisoner also punishes a family. Is that not only unfair, but double punishment? Punishing the innocent and unrelated to the crime?


Thank goodness someone in Congress is speaking out about this case.

[yodermon]

8. If congress can Terry Schaivo, then they can Troy Davis

[alp227]

37. Can't compare those two cases

Prior to the Palm Sunday Compromise, the feds never had any role in the Schiavo case. In contrast, Davis' case has already been tried and rejected all the way up to the US Supreme Court, and there's never been an Act of Congress to halt an execution.

[Horse with no Name]

58. And there had never been a Congressional intervention in a removal of a feeding tube either

There you go.

[David Sky]

9. What is WRONG with these DP folks?

What are they afraid of? There are so many inconsistencies in the testimony and recantations; what harm is done sorting this out all over again? What harm is done just keeping this guy in prison for life if found guilty?


They seem to think it's their MISSION in life to kill.

[Ed Suspicious]

22. Right? The typical person in support of the DP seems to be

the person who thinks the government most incompetent. How can the government be too incompetent to administer medicare, but so competent they can kill people in the name of justice? I don't get it. Cognitive dissonance.

[SemperEadem]

25. well put.

and kill a man whose guilt is in question, too.

[David Sky]

77. Very well stated. Either that cognitive dissonance or they are..

total Nazi's and think the state has the right to do anything it wants, police shooting first, launching wars, denying rights, etc.

[radhika]

10. Here are the names of the GA Prison Board members...

From the GA Department of Corrections website.

Have any local media, or local advocacy groups showed up at their places of business or residences. Or even asked them direct questions "why are you doing this?" or "why are you block a lie detector test on his last day?"


http://www.dcor.state.ga.us/AboutGDC/AgencyOverview/BoardMembers.html

[duhneece]

35. I hope someone there can follow up on your suggestions

I pray they can do so before a man is executed where THERE IS TOO MUCH DOUBT.

[Cigar11]

11. Are we so infatuated with revenge

... that waiting to be sure isn’t important enough with a human life?
It’s not like he’s going anywhere. Justice can be served … just on a different date on the calendar … that’s all.

[tblue]

34. You're not and I'm not but I guess they are.

I can't conceive of it. Welcome to DU. Not a happy day unfortunately. But I hope you enjoy the company here.

[tcaudilllg]

66. No we, just us and them.

[SoulSearcher]

12. But two witnesses testified Davis killed the police officer ?

The 'doubt' stems from some witnesses that recanted their testimony.
But two have not. And there are several witnesses who reported
threats were made against them to back off. But no-one mentions that.

Being against the Death penalty is one thing, but there seems a fanatic
acceptance that Davis did not commit the murder even though evidence
is still solid. Over years of hearings, they are still saying the evidence shows
there is no factual doubt about the conviction.

[HERVEPA]

16. Yes, we always believe what "they" are saying

You should do some reading on the tremendous unreliability of eyewitnesses.
This is not to say he is not guilty, but clearly there is enough doubt that one can hold off killing the man.

[tblue]

17. One of the witnesses who did not recant is believed to be the perp!

Sylvester 'Redd' Coles was the one arguing with the homeless man, Larry Young, when the cop intervened and was shot. Redd Coles was a suspect. He also owned a .38 that he claimed he gave to someone else early on that night.

And do you think it's easy to come forward and say you lied on the witness stand and that the police manhandled you? It can't be.

Former jurors for this case are saying if they knew then what they know now, Troy Davis would not be on death row.

No, it's not as simple as it seems.

[kaiden]

27. And the second witness who didn't recant is dead.

[tblue]

33. I heard he never said anything about it.

I would imagine it would be very hard to do.

[SoulSearcher]

28. Yes - I read that also

You are very right, it gets worse as your read more,
but the problem is it gets worse for Davis. Now by all
rights, neither I or basically anyone making comments
now was there - so everyone most read not just accept.
And keeping in mind the presumption of innocence, too.

No to just parrot what someone else shouted, I have been
mostly relying on wikipedia bibliography URL's to 1989 news
stories. Here is the link if anyone wants it:
http://en.wikipedia.org/wiki/Troy_Davis_case
(goto "Articles" page to find the links I spoke of)

I wish I could see the evidence the board saw - but none of
us can see that. There is only discussion, and the fact that a
man was shot once inthe chest, then shot directly in the face
to stop him from identifying the killer. I am not trying to debate
the Death Penalty, but after 20+ years and reading about the
events that Davis was involved with that day I don't see where
there is truly much doubt - unless you simply prefer that version.
No doubt, Davis would say the same thing if he were guilty or
innocent, so you are left to measure the total known evidence.

[marmar]

19. Umm, 7 of 9 witnesses recanted their testimony.....

..... and some of them identified one of those who did not recant as the killer. That's where the "fanatic" acceptance comes from. And there never was any DNA evidence linking him to the crime.

[proud2BlibKansan]

29. What evidence?

There is no evidence other than eye witness statements and most of them have been recounted.

[ProudToBeBlueInRhody]

32. I think the evidence is worthy of conviction.....not the sentence(n/m)

[tropicanarose]

45. One of whom has been accused by a number of witnesses of the crime himself.

[unionworks]

55. no physical evidence

To convict this man. None.

[blackspade]

56. Fail.

[bengalherder]

59. One of those wittnesses was the other suspect in the case.

His veracity is in doubt.

[april]

14. Troy Davis

go to amnestyusa.org and sign this ASAP..

[tblue]

18. I did! Hope everybody else does, too.

Thank you, april!

[RebelOne]

21. Too late now. Only less than 3 hours until the evil deed is done. n/t

[tblue]

24. It ain't over til it's over!

Don't give up on Troy!!!

[RebelOne]

49. I'm not giving up, but I am watching the local news here in Atlanta,

and it seems that nothing is going to change. There are hundreds of people outside of the prison and hundreds at the state Capitol building in downtown Atlanta, but I think it is to no avail. That is, unless clemency comes at the last minute.

[Harry Monroe]

36. Never too late to do the right thing. Never too late to reach

...at least one person with morals, values, a soul and a conscience who can stop this thing.

[librechik]

20. kick for justice n/t

[midnight]

26. K&R Now bring in the civil rights division of the DOJ and show the country what justice looks like.

[Harry Monroe]

30. Help prevent a travesty of justice.

http://www.dpalternatives.org/2011/09/troy-davis-clemency/

http://takeaction.amnestyusa.org/siteapps/advocacy/ActionItem.aspx?c=6oJCLQPAJiJUG&b=6645049&aid=516533&msource=W1109EADP04D&tr=y&auid=9522343

[alp227]

38. the only real hope right now is a fluke with the lethal injection tool

otherwise...a deadly miscarriage of justice has just been committed in the land of liberty and justice for all.

[certainot]

39. RW talk radio is making this a political issue and any republican going along with a pardon

will be chewed up and spit out by team limbaugh. that's why this guy may die.

[Swede Atlanta]

40. All those responsible for Davis' murder by the state....

should be brought up on murder charges. They willfully killed a man - enough said.

[mysuzuki2]

41. where is the SCOTUS? Has anyone filed an appeal with them?

[WhoIsNumberNone]

47. Yes, and guess what they said?

Shocker. Scalia and Thomas don't think killing an innocent man is unconstitutional:

http://www.addictinginfo.org/2011/09/20/supreme-court-justice-antonin-scalia-says-executing-an-innocent-man-is-not-unconstitutional/

[mysuzuki2]

52. what could be more "cruel and unusual" than being

executed for a crime you did not commit?

[truedelphi]

64. So very sad. And exhausting.

From Brad Blog:

In August of 2007, Troy Anthony Davis was just weeks away from his then scheduled execution in the state of Georgia when The BRAD BLOG ran the following article, including an exclusive interview with Larry Young, the "forgotten victim" in the Davis case who now, like 7 of the 9 witnesses in the case, has recanted his testimony. Young says, as you'll read, that he was left to bleed while the police coerced him into identifying Davis as the assailant, even though he had never seen him before.

Troy Davis has had this hanging over his head for four ears. This is cruel an unusual punishment.
To know that tonight, or next week could be your last day on earth, and to know you are innocent.

[WHEN CRABS ROAR]

42. You never HAVE to kill someone that is already locked up.

[Taverner]

43. ‘Truly I tell you, whatever you did for one of the least of these brothers and sisters of mine,...'

...you did for me.’

[bengalherder]

60. Well these are exactly the kind who would nail Jesus up.

Again and again and again...

[Taverner]

61. Yep, this Atheist is quoting Jesus...

Never said I had a problem with Jesus, or Yeshua Bin Yusuf as a whole...

[tropicanarose]

44. I have not given up hope......this is encouraging.

[DFW]

48. All I have at the moment are evil thoughts

I know it's wrong of me, but I'm so damned angry and frustrated about the gleeful self-righteous crackers (and I'm a Southerner) in Georgia just frothing at the mouth to execute Troy Davis, probably because it'll assuage some desire to get back at "soshalist libbruls" rather than see justice done--if killing a guy after he's been in jail 20 years can even be considered justice.

Here's some poetic justice I'd like to see done:

Everyone who wrongly testified against Davis, everyone who turned down clemency after the witnesses recanted, every cop involved in testimony coercion, every judge who OK'd the execution knowing of that coercion, every willing participant in his actual killing, and every gleeful cracker, up to and including the family of the victim, who just wants revenge, no matter if they got the right guy or not, I want them all to share in the fate of Troy Davis tonight--including if by some miracle he is saved.

It is after midnight here in Germany. That means that, barring a miracle, he will be killed in less than an hour.

I am not very proud to be a Southerner tonight.

But because of the massive movement mounted by Americans to try to save Troy Davis, I can't say I'm ashamed to be an American.

[WhoIsNumberNone]

50. +1

nt

[choie]

51. not that he has a balls to do it..

but why can't Obama commute the sentence?

[Mudoria]

53. Doesn't have the power to do it

[Ken Burch]

63. Could he stop it by issuing a pardon?

n/t.

[Dragonfli]

73. He can grant a pardon to anyone he WANTS to /nt

[sharp_stick]

79. Fuck me

the inability to understand basic civics around here is scary.

http://www.justice.gov/pardon/commutation_instructions.htm

"Under the Constitution, the President has the authority to commute sentences for federal criminal convictions, which are those adjudicated in the United States District Courts. In addition, the President's clemency power extends to convictions adjudicated in the Superior Court of the District of Columbia. However, the President cannot commute a state criminal sentence. Accordingly, if you are seeking clemency for a state criminal conviction, you should not complete and submit this petition. Instead, you should contact the Governor or other appropriate authorities of the state where you were convicted (such as the state board of pardons and paroles) to determine whether any relief is available to you under state law."

[sharp_stick]

80. No, it's a State crime

if it was a Federal crime or committed in DC he could, but not in this case.

[Ken Burch]

81. Appreciate the clarification.

n/t.

[unionworks]

54. swing low

...don't let go...swing low and carry me home - Steve Earle, "Ellis Unit Oneq"

[Bill McBlueState]

57. this is the sort of thing people do when they have a conscience

Try whatever you can. Sitting on the fence like Obama is for moral cripples.

[Dragonfli]

75. He is not as fence sitting as you think, he identifies with the wealthy and connected, why would he

care about something like this?

If he cared, he did (and still does) have the power to pardon any citizen.

Or, he could use the defense he used to place the Bush criminals above the law entirely, the new defense called "the looking forward defense" I am sure they will teach how that one is constitutional any day now, they may even have a class at Harvard devoted to the look forward clause that can place people entirely above the law for murder, torture, and other crimes (especially war crimes).

[Dystopian]

62. "KEEP WISHING, HOPING, PRAYING!"

I have been.
Lost all hope yesterday.

Now keeping hope alive.


peace~

[totodeinhere]

67. Sorry to say that the Supreme Court has denied a stay. n/t

[CarrieLynne]

68. time of death 1108pm May he, and justice, rest in peace

[tropicanarose]

69. He is really gone?

[CarrieLynne]

70. yeah im watchin amy goodmans stream and see tweets on it as well

[tropicanarose]

71. God awful horrible waste of life. Why did I ever believe that the SCOTUS would be reasonable?

[russspeakeasy]

72. Nice they could make it to the press conferences...

:evilfrown: Where the hell have they been ? Too busy building the jobs plan I guess. Fucking politicians never change...too little, too late.

[humblebum]

76. Georgia needs to be shunned on a massive scale with international

and national boycotts until such time as they eliminate their death penalty. This was clearly a violation of the spirit of American law. You simply do not execute someone when seven of nine witnesses have recanted their testimonies and the evidence is either lacking or questionable.

I am an advocate of the death penalty, but this was just wrong for so many reasons. Barbaric, unAmerican, injust, and suspect. A travesty of justice that could have so easily been avoided. Disgraceful.