Wow. Ben Jealous says he talked to the warden a little while ago

[EFerrari]

because warden was keeping the press out. Warden Humphries revealed that he was in law enforcement in Savannah when McPhail was killed. So, the warden is not unbiased by any stretch of the imagination and he has been keeping the press away from Troy Davis. (Just now on Amy's broadcast with Ben.)

[Firebrand Gary]

1. That's rather interesting I'd say.

[ncrainbowgrrl]

2. k+R

:kick:

[Gregorian]

3. Something else Ben Jealous said that was interesting-

A vote of 4 is all that would be needed for a stay. Not five votes.

Did I hear that correctly?

[EFerrari]

4. Yes, I heard that, too. They would prefer 5 but 4 will do it. n/t

[BzaDem]

6. Unfortunately, that is wrong. It only takes 4 votes to take up the case, but it takes 5

to stay the execution during the pending disposition of the case.

A few decades ago, when the 4 liberals wanted to grant cert, the swing justice (usually Justice Powell) provided a courtesy fifth vote to stay, so the case wouldn't be mooted by the execution. But that norm has long been dispensed with by the conservatives, and they will not provide the fifth vote for a stay if they would not also grant cert. This happened a few years ago, where the liberals had 4 votes but Kennedy said no to a stay for an inmate in Texas.

[Gregorian]

10. I follow some of that. But I get the gist of what you said.

That doesn't bode well.

If I hear correctly, it took four votes just to have the court look at the submitted papers. But still 5 would be needed to stay.

[BzaDem]

13. Correct. Actually, it takes only 4 votes to accept the case and schedule oral argument. But the

execution itself can only be blocked by 5. So if the 4 accepted the case (called "granting cert"), it would be scheduled, but it would be completely moot by the time argument rolled around because the execution would have already taken place.

[Gregorian]

15. So this is ominous, considering this court is comprised of a conservative majority.

Or is that not necessarily true?

[BzaDem]

16. While this is just a guess, I don't think there is a high probability of success for him.

For two reasons. One is that the conservatives rarely grant stays for death penalty cases, even when the liberals want one and the case for a stay is good.

The second is that if they wanted to stay the execution, they could write a one sentence order and probably would have done so already. The reason we are waiting could be because the stay will be denied, but a liberal is writing a dissent from that denial (with a potential conservative response to the dissent), and they are waiting to make the order until those opinions are ready.

Just a guess though. No one could possibly know except the justices and their clerks. In theory, the delay could be because they are having trouble reaching one of the justices (since they are out of session), but I think that is unlikely the reason for the delay. They knew this day was coming for quite awhile.

[Gregorian]

18. I appreciate your reply. I am forewarned.

I think Troy knows, and has already prepared himself. It's his family, and all of us, who are struggling under the burden. It's an unfair form of punishment for more than just the intended convict.

[Parker CA]

7. No. Hearing an appeal only takes four votes. A stay requires five unfortunately. nt

[dana_b]

5. of all people, tom tomorrow says:

tomtomorrow Tom Tomorrow
as I understand it Troy Davis has been strapped to gurney throughout this entire process. #cruel&unusual

if that is true, I have no words...

[Parker CA]

8. Yup. No words for the torture that must be.

[Catherine Vincent]

9. What's with all the cops?

Do they expect riots?

[EFerrari]

11. Or maybe they want to make one.

I don't know but people are enough on edge as it is.

[Joe the Revelator]

12. Thats what I thought as well. normally i'm on the side of the police.....

but this show of force is over done.

[EFerrari]

14. There's a bunch of people praying there

and a few people are talking to Amy Goodman. Hard to see the threat. lol

[RebelOne]

20. I think so should the word come that he was executed. n/t

[Dawson Leery]

17. The blue line will not be crossed by the brothers in blue.

[EFerrari]

19. There was all kinds of coercion of witnesses by police

so now they're stuck with defending the execution of the wrong guy or looking like bigger @ssholes. It's a shambles.

[Dawson Leery]

21. Chuck Canterbury, President of the FOP on Troy Davis:

http://www.fop.net/servlet/display/news_article?id=3973&XSL=xsl_pages%2fpublic_news_individual.xsl&nocache=22811795

I have no desire to join hands with the police unions on any matter.

[EFerrari]

22. Gross assholes. n/t

[Dawson Leery]

23. This is the

one union to which I support the dissolution of.

[Zax2me]

25. OH - you would know?! What a joke.

all these 'experts' on the case are turning my stomach.

[EFerrari]

26. Reading sometimes solves that helpless queasy feeling.

:eyes:

[Zax2me]

24. So, sounds like he knows more about the case than most.

[Kablooie]

27. But if Troy was innocent, the real killer is getting off free. Seems LE would want the truth.

[EFerrari]

28. The real killer is probably Red Coles, who confessed to the murder

after the trial, and who is one of two witnesses who has not recanted.

Going after him would uncover too much malfeasance in the investigation and prosecution. It was easier to just kill Davis.