The 11th U.S. Circuit Court of Appeals issued a stay of execution today for a death row inmate who had been scheduled to die this past Monday in Georgia. More on Troy Davis from NPR News & Notes
We only have ourselves to blame for that omission. We are so caught up in our allegiances to our political parties or chosen presidential candidate; that we take what we get from them, even if we don't much like what's served and are left wanting. And even though it is still my sincere and deep hope that an Obama presidency will awaken the power of an electorate engaged, who knows really? But on to justice perhaps denied.
Troy Anthony Davis is to be executed in the coming days. Troy Anthony Davis is likely an innocent man.
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The Department of Corrections then set the specific time and date for Davis to be executed for killing off-duty police Officer Mark Allen MacPhail.
This is Davis' third execution date in little more than a year. The State Board of Pardons and Paroles stopped the first one the day before Davis was to die by lethal injection on July 17, 2007. The U.S. Supreme Court stopped Davis' second execution attempt two hours before he was to die on Sept. 23 so the justices could decide if they would hear Davis' case.
Tuesday, the high court declined to step into the contentious debate over whether Davis is the real killer.
MacPhail, a 27-year-old father of two, was working off-duty Aug. 19, 1989, when he heard the cries of a homeless man being pistol whipped. MacPhail rushed to the parking lot to help.
Davis turned from the homeless man and shot MacPhail before the officer could draw his gun, according to testimony. Witnesses testified that once the wounded MacPhail was on the ground, Davis shot him two or three times more.
Davis' case drew international attention after seven of nine key prosecution witnesses against him recanted their testimony. They claimed they had been pressured to say they saw Davis shoot MacPhail in a Burger King parking lot.
Pope Benedict XVI and former President Jimmy Carter were among those challenging the fairness of the execution.
Other voices from around the world including Amnesty International are calling for a stay of execution for Davis and asking concerned Americans to get involved. Hopes have dimmed since the Supreme Court refused to hear Troy Davis' case which includes reports that another man, Sylvester Coles, has confessed to the murder.
Click on this link for what you can do. There is a Global Day of Action for Troy Davis next week on October 23rd.
"He's innocent," said Jason Ewart, one of Davis' attorneys. "It's unfortunate that, without his day in court, Mr. Davis' evidence will never be heard, and it's a good chance an innocent man might perish for the sake of finality over fairness."


Comments: (13)
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By: vince on 10/19/2008 7:14PM
It is amazing the people we trust in a higher power of legal decisions the high appeals courts can overlook 7 recanted witness testimonies. The same testimony that convicted Davis, and three more witnesses can be produced implicating someone else as the gunman does not matter also, with no physical evidence that can be produced what so ever implication Davis in the original trial. What are the courts saying to the people, the citizen? Would you trust the people in the legal system if you were accused? In a new trial you would have 7 witness stating Davis was not involved, 3 more stating the other suspect committed the crime who was a witness against Davis, and was also the prime suspect at one time before he corroperated, no confession, or physical evidence, and this is enough for the greatest minds in are legal world to carry out a death sentence.
What chance does anyone have in this court.
It is obvious to me, not one person in the level mind would go through with this execution giving the facts as we know them to be about the testimony in this case. It is also evident that these decisions on Davis appeals are being influence by a power other than the appeals courts. A jury would rule different giving these facts, and on the flip side appeals courts compared in other cases have ruled as reason for rejection appeals that the appeals Judge believed the jury would have “not” ruled different if the DNA or testimony was introduced as evidence for rejection the appeal or what ever. It is like there is not a universal law on the decision processes, and it proves in my opinion, that you can have the best attorney in the world in Georgia, if someone in power wants you convicted with or without evidence, your finished.
Georgia is saying to the citizen of United States:
To the people of Georgia we can have you executed as a scapegoat if we so choose. The law will not protect you, we can introduce 9 witnesses on any citizen at any giving time if we so wish, and have you executed if we so wish under the law, weather the witnesses recants after or not from are persuasion of power, we do not care as long as they stated in court you were the person of interest at the time in question when needed is all that counts. This case proves this statement to be true.
The Justice system is what is bankrupting the county. The prisons are filled with people that would not have been charged in my county or 40 year sentence for something that carry a max of 2 in Canada. I mentioned to Jumbo as you call him it is almost impossible to win a case in the US. The courts are execution people, and sentencing then to death or sentencing to 40 years, and when the trial is going on for your life the evidence is in a storage room, the prosecution, and the defense, and arguing or speculation, and suggestions, and reinforcing the fact with witness testimony as validation when the DNA or science that can concussive answer the question as to guilt is not a factor in the fact finding method in the Mickey Mouse Jumbo court they call fair justice, as in Charles Hood as we all know nothing was tested that should have been, and nothing was introduced that was tested. It is not a fair trial when both parties knownly suppress evidence to sell a conviction. That is what truth is about, suppressing evidence, witness recanting, witness lying, not testing evidence, or even investigation a case other who is the closest to pin the murder on. That is what I believe in these cases in short.
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By: Marlo on 10/19/2008 5:46PM
Aside from the fairness of whether this man is guilty or not guilty now based on new evidence, when his life is taken, who takes the lives of those who take his? I think execution should be reserved for GRUESOME acts of violence and for cases where there is no possibility whatsoever that a person committed the crime with DNA or records that omit any doubt, not just reasonable doubt. In this case, this person's life is hanging in the balance while the courts pridefully stand their ground; while the court is unjustly more interested in technical bulls*it rather than understanding the veracity of "life and death" that they hold in their hands, not only on behalf of our society, but personally. I would not want to be the person who concerns myself more with my own pride rather than doing the right thing or taking the measely time to find out more facts.
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By: Rosemarie Barrios on 10/19/2008 7:42PM
It seems that the Supreme Court has Judges that need to step down for many more reasons but mainly their reasoning is not wise. We need to replace those who are making the unwise decisions and put some that have common sense along with wisdom.Troy Davis will win either way, God is on his side.He can only gain whether with life or life eternal with his Maker.
~ Freedom is in Troys heart and soul.~
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By: D J on 10/19/2008 8:23PM
I witness testmony is the worst evidence when identity is determined. If the witness doesn't know the accussed personally it is bad. More innocent people on this type of evidence than any other. Give the man a new trial.
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By: vince on 10/20/2008 1:20PM
Part of the problem in the Justice system is the Jury deliberation. If that deliberation was transcribed it would clearly show Davis was convicted on the witness testimony, the same testimony that convicted him, has no bearing as being valid now in the courts eyes. I say ask the twelve Jury member if the would have ruled differently, not these people in power. These people in power have sent a clear message that their decision-making is in question. The twelve Davis peers should have the decision; after all they made the original decision to convict Davis of this murder through that testimony. If all twelve say yes for a new trial, with the seven recants, and three other related witnesses stating an alternative suspect, no physical evidence, and no confession would they still go through with the execution, has anyone contracted these jury member. The media would be the one to give the statements of Jury members, as I stated before, the courts do not want the truth, they reject appeals that contain evidence of an alterative outcome everytime, like they are say we don’t care, but reject the appeals on the grounds on nothing valid. The man was convicted on manufactured testimony. This cannot be aloud in a civilized society. I demand as a citizen WHY are these judges in power are ignoring the issue, and how can the reject Davis appeal, and not give a reason. This is ridicules!
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By: Marc on 10/20/2008 3:07PM
Where are you on this Obama?
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By: LC on 10/20/2008 4:35PM
I think it is very sad to know that an innocent man is facing execution for a crime that he MAY not have committed. Sometimes, I wander if the justice system is a little bit too harsh to rush to decisions to carry out executions just to please the victims family. Hopefully, Troy's scheduled DEATH will be stayed, so we will be able to have a clear view of what, how, who committed the death of the officer. Maybe, the judge preciding on this case will have sense enough to delay the execution and finally get to the TRUTH of the matter. I AM AGAINST TROY DAVIS EXECUTION SET FOR OCTOBER 27, 2008. HELP SAVE AN INNOCENT MANS LIFE!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
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By: vince on 10/20/2008 6:58PM
I think Obama would make a better President than McCain. Why were they not asked questions about state of America's "justice system." Because it in my opinion it is dirty laundry for one of them to bring it up in debait. If it was a great system both McCain, and Obama would be stating how they had a part in the development, but both keep there mouths shut. I would say for the most part the question was not asked because the MAJORITY of the American people are not concerned with the justice system, unless you, or a love one falls victim to the system, most likey you would have never known the corroptuin involved. The majortiy of the American people do not reliese there is a problem in the justice system. It like properganda, you here about an inmate being executed, or someone being charged. The media does a write up about the person, about how his blood was in the house, and how he had motive, that they have the persons responsible. Then as a regualer citizen you look in to the case, and find out key fundelmetal evedance was not test, and in the same case evedance withheld for the jury that could prove guilty. The American people do not get the facts of the cases they got sugestion, and specalations. The get the Properganda, so when they here the accused ( joe blow) got the death pelenty or sentence to life, they like good.
does that answer your question about Obama or?
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By: Lore on 10/21/2008 9:43AM
It makes no sense to kill this man with all that needs to answered. He should be given life and allowed to prove his innocense.I used to believe in the death penalty until I realized not 1 innocent person should be at risk for being executed to punish a few, unless you see the murder committed on video and there are NO doubts about their guilt.If he was given life he still wont be out on the streets unless absolutely proven innocent.They need to commute his execution...
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By: IPress on 10/22/2008 11:21AM
The thing is this...Mr Davis sat in jail for nearly twenty yrs knowing he didn't do the crime, because he didn't want to be labeled a "snitch", now that he is about to be executed, he wants to talk.
I wouldn't sit in jail for 20 yrs for my own mother, ok? You can call me a snitch or anything else you want, but I would be a free snitch.
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