‘It’s getting scary; they don’t want to hear the new facts’

If this doesn’t help expose the problems with capital punishment, I don’t know what more it will take.

A Georgia man is scheduled to be executed by lethal injection on Tuesday for killing a police officer in 1989, even though the case against him has withered in recent years as most of the key witnesses at his trial have recanted and in some cases said they lied under pressure from police.

Prosecutors discount the significance of the recantations and argue that it is too late to present such evidence. But supporters of Troy Davis, 38, and some legal scholars say the case illustrates the dangers wrought by decades of Supreme Court decisions and new laws that have rendered the courts less likely to overturn a death sentence.

“Too late”? There’s relevant evidence regarding a case in which the state is poised to kill an American who may be innocent, but there’s a time limit?

The Davis case is just now reaching national attention, and it’s about time. Here’s the story in a nutshell: a late-night scuffle broke out in a Burger King parking lot in Savannah. When Mark A. MacPhail, an off-duty police officer, tried to intervene, someone pulled a gun and shot him twice, killing MacPhail.

Sylvester “Red” Coles, came to the police with a lawyer, accusing Troy Davis. Witnesses say it was Coles, not Davis, who killed the officer.

But once the man-hunt began for Davis, law enforcement officials wanted to believe he was the man responsible for the slaying, and pressured witnesses accordingly. At this point, three of the four witnesses who testified at trial have signed statements contradicting their identification of the gunman. Two other witnesses who fingered Davis have said they made their stories up.

Those who saw Coles shoot MacPhail are anxious to say so, but their testimony has been blocked by federal courts, citing a provision in the Antiterrorism and Effective Death Penalty Act.

“It’s getting scary,” Davis said by phone last week. “They don’t want to hear the new facts.”

What we’re left with is a man sentenced to death despite no physical evidence, based on the word of witnesses who have since recanted or contradicted their testimony.

Why would these witnesses implicate Davis? Because they were leaned on to do so.

“The police came over here four or five times,” said Jeffrey Sapp, 38, a neighborhood acquaintance of Davis. “They said, ‘You know, your friend is on the run, so he must be guilty.’ They said, ‘If you don’t talk, we can take you to jail for withholding evidence.’ ”

Sapp eventually told them that Davis had bicycled by his house and confessed to shooting MacPhail.

“It was a lie,” Sapp said.

Other key witnesses have told a similar story — that police prodded them to implicate Davis. The affidavit from Darrell Collins, the friend who was with Davis that night, was typical.

“I told them it was Red and not Troy who was messing with that man, but they didn’t want to hear that,” Collins, who was 16 at the time, said in his 2002 statement. “The detectives told me, ‘Fine, have it your way. Kiss your life goodbye because you’re going to jail.’ 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.”

William S. Sessions, FBI director under presidents Ronald Reagan and George H.W. Bush, not exactly an ACLU member, wrote recently in an op-ed piece in the Atlanta Journal-Constitution that “serious questions have been raised about Davis’s guilt…. It would be intolerable to execute an innocent man.”

We may see that happen very soon. If only Davis had worked for Dick Cheney….

Where are all the “right to life” people now? Where are all the “right to life” judges? Or is killing innocent people okay, as long as they’re already born?

  • Executing Davis would be unconscionable.

    Maybe we’re about to find out how far we have evolved as a nation from who we used to be.

  • Re: Haik @ #3
    The death penalty is wrong and immoral in all forms and in every case.

    I’d have to agree. But I’m willing to make an exception in the case of the capital crimes committed by the Loyal Bushie Brownshi(r)t Cabal.

  • The problem is, if this wasn’t a death penalty case, it is unlikely that anyone would even be talking about this case and Davis would rot in jail for the rest of his life. At least with the death penalty, there is a sense of urgency and a desire to get the facts right (well, at least some people desire to get the facts right; the prosecution doesn’t want to hear the facts because it would make them look bad and make them question every death penalty case).

    Personally, I believe that there are some people that are so bad that the deserve to die but I don’t believe that there are any other people that are so good that they can make that decision.

  • This is typical of the US justice system. The prosecutors can not admit they have made a mistake, even if incontrovertible proof of the man’s innocence is presented to them. They will just rationalize their way around it. The American justice system isn’t about truth, it’s about winning. Even when you are wrong.

  • There are some people who “need killin'” (like the guy in California who tortured the little girl with pliers before he raped and killed her-who isn’t even on death row) but our system isn’t reliable enough to base a person’s death on.

    Ann Coulter calls juries “ignorant”, but when they’re kept ignorant and deceived by law enforcement then it corrupts the whole process.

  • I agree with Haik at #3. If the state kills people, it lowers itself to the level of the murderers. I say, because there is no certainty of an afterlife, the best way to punish someone who has taken the life of another human is to confine him or her to jail for the rest of his life, forcing him to grapple with his own guilt every day. That is the only surefire means of punishment. Not answering a murder with another murder. As they say about two wrongs . . .

  • I’m willing to make an exception

    Regardless of how good they may feel, exceptions to moral principles destory the meaning of the principle. The death penalty is wrong, even for the worst criminals.

  • Libby’s sentence was commuted because it was clear to Bush that it was excessive, even though it fell within the sentencing guidelines for the crime that Bush had no doubt he was guilty of. Troy Davis is about to be executed (not just sodomized but executed) for a crime he probably did not commit, because recent laws dictate that questionable, trumped-up evidence cannot be questioned at this late stage. And Bush is planning to look the other way? He’s planning to say (even if just by omission), what can I do, it’s too late for justice?

    Or maybe it’s still not too late to take action to try to pressure Bush to commute Davis? Maybe some good can still come out of the Libby commutation?

  • let’s debate the morality of capital punishment tomorrow? let’s try to protest Davis’ fate today? after all, they plan to execute him tomorrow.

  • This is typical of the past several years—up is down, black is white, and potentially (literally) life-saving evidence is not allowed under legislation titled “Antiterrorism and Effective Death Penalty Act.”

    It’s yet another edition of bizarro-world.

  • In case anyone would like to follow suit, I just sent this email to webmaster@pap.state.ga.us

    Dear Board Members,

    I write to you today with the utmost urgency, and respectfully request that you commute Troy Anthony Davis’ death sentence immediately.

    The laws may not permit the courts to review the evidence that strongly suggests Troy Davis was convicted on the basis of false testimony, testimony that has since been recanted.

    But how can you knowingly permit a probably innocent person to be executed?

    Please intervene. Executing Troy Davis would be unconscionable. That’s not who we are as a nation. That’s not who you are as a board.

    Sincerely,
    Sarabeth Guthberg

    and this to the President at comments@whitehouse.gov (is there a better email address):

    Dear Mr. President,

    I write to you today with the utmost urgency, and respectfully request that you
    commute Troy Anthony Davis’ death sentence immediately.

    The laws may not permit the courts to review the evidence that strongly suggests Troy Davis was convicted on the basis of false testimony, testimony that has since been recanted.

    But how can you knowingly permit a probably innocent person to be executed?

    Please intervene. Executing Troy Davis would be unconscionable. That’s not who we are as a nation. That’s not who you are as a person.

    Scooter Libby’s sentence was commuted because you felt it was excessive, even though by all accounts you had no doubt he was guilty of the crime he was convicted of.

    Troy Davis is about to be executed for a crime he probably did not commit. Please don’t look the other way and say: “What can I do, it’s too late for justice?” Please!

    Sincerely,
    Sarabeth Guthberg

  • I always love how conservatives, who claim they don’t believe government can never do anything right, are always convinced tbat the death penalty is always run perfectly.

    This case is exactly the proof of why the death penalty needs to be repealed. In any other case, new evidence years later can exonerate a convicted person and free them. But if they’re dead? And of course the conservatives always want to expedite the appeals process so they can get on with their killing. Cowards that they are, they can’t do it themselves, but need to do it in our name.

  • This case shouldn’t be generalized into death penalty controversies. For whatever reason, if there is doubt and new evidence to prove innocence no “rules” should prevent us from keeping an innocent man from being murdered. What is wrong with these people, these officials who could prevent this from happening? Does life have such little meaning to them that they will allow this?

    Proof positive why a man like Southwick should never be appointed to an appeals court judge. The senate should equate this man with this kind of justice and block his appointment no matter what the cost.

  • According to Wikipedia: “The Antiterrorism and Effective Death Penalty Act of 1996 (also known as AEDPA) is a series of laws in the US signed into law on April 24, 1996 to “deter terrorism, provide justice for victims, provide for an effective death penalty, and for other purposes.” It was passed by a Republican-controlled Congress (91-8-1 in the Senate, 293-133-7 in the House) following the Oklahoma City bombing and signed into law by Democratic President Bill Clinton.”

    I don’t have time right now to get through all the mumbo jumbo, but it appears there are provisions to revisit the Davis case. Anyone else have time to look at it?

  • If this were as important as what Paris Hilton had for lunch it would be all over the MSM.

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