Troy Davis

I am not going to get into the detailed case of Troy Davis, you can read more here. Troy Davis is scheduled to get executed in Georgia soon, despite the fact that all signs point to his probable innocence. Today he was DENIED his last chance at clemency.

Davis was convicted of murdering Georgia police officer Mark MacPhail in 1989. Since his conviction, seven of the nine people who testified against him have recanted or changed their testimonies.

“I am utterly shocked and disappointed at the failure of our justice system at all levels to correct a miscarriage of justice,” Brian Kammer, an attorney for Davis, said following the decision.

Davis, 42, has repeatedly claimed his innocence and his supporters say the evidence supports that. No murder weapon was ever found, no DNA evidence or fingerprints tie Davis to the crime, and other witnesses have since said the murder was committed by another man — a witness who testified against Davis.

Supporters say close to one million people worldwide have signed petitions calling for clemency, with petitions last week delivered to state authorities containing about 650,000 signatures.

The Supreme Court became involved in 2009 and ordered a federal judge in Savannah to convene a hearing to consider new evidence.

In August 2010, however, a U.S. District Court in Georgia ruled that Davis had failed to prove his innocence and denied him a new trial. The top U.S. court turned down a subsequent appeal.

This will not only make the tea party happy, it will also please Justice Antonin Scalia:

Joined by Justice Clarence Thomas in dissent, however, Justice Antonin Scalia criticized his colleagues for thinking that mere innocence is grounds to overturn a conviction:

This Court has never held that the Constitution forbids the execution of a convicted defendant who has had a full and fair trial but is later able to convince a habeas court that he is “actually” innocent. Quite to the contrary, we have repeatedly left that question unresolved, while expressing considerable doubt that any claim based on alleged “actual innocence” is constitutionally cognizable.

The only way this could be better for the republicans is if Rick Perry could execute him personally and the tea party could watch it on pay per view! Jesus would be proud!

Note: The Inimitable Dave Zirin has more here!


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34 thoughts on “Troy Davis

  1. “In August 2010, however, a U.S. District Court in Georgia ruled that Davis had failed to prove his innocence and denied him a new trial. The top U.S. court turned down a subsequent appeal.”

    “…failed to prove his innocence…”
    What happened to “innocent until proven guilty”?

    1. Ed Susterich: “…failed to prove his innocence…”
      What happened to “innocent until proven guilty”?

      He already was proven guilty by a trial of his peers. I guess at that point now you have to prove he is innocent. Take a look at the racial makeup of that jury sometime.

      If you read about Troy “RAH” Davis, you may find out how innocent he realy was. How long his rap sheet was and just what an incrredible PR campaing they ran for this upstanding citizen.

        1. Why do you say that? #1, Ed Susterich stated “…failed to prove his innocence…”
          What happened to “innocent until proven guilty”? Well, he started out innocent, then proven guilty in a court of law. The legal system of the USA. .Therefore, he has the right to appeal and prove his innocence now that he is convicted, so he appealed, at which time he “Failed to prove his innocence. Look up the appeals process if you are unsure.
          #2 the racial composition of the jury was 7 black 5 white.
          #3. Troy Davis earned that street name RAH Rough as hell, not by being an innocent math teacher-looking, mild mannered model citizen. I understand he used to beat up homeless people for beer, maybe that’s a rumor.

          Those are my points and why I think I have a general idea what I’m talking about. Where am I misinformed, Steve?

          1. How long is his rap sheet, Snarky? Do you know? He took a nickname, Rough as Hell. So what? He used to beat up homeless people for beer? Or that’s just a rumor you heard?

            The Troy Davis case has all the hallmarks of a wrongful conviction. He was convicted strictly on eye witness testimony, which is notoriously unreliable. No physical evidence whatsoever.

            The idea behind abolishing the death penalty, Snarky, is so that if it’s determined someday that a man or woman is innocent, they’ll still be alive so that they can be freed, just like you’d want to be freed, or have your brother freed, in the event you or he were wrongfully convicted of a crime.

            Since the advent of DNA testing there have been hundreds of wrongfully convicted men released from prison. Troy Davis will never get that chance.

            1. Steve,

              I see your point and respect your right to your opinion. I haven’t personally substantiated the beating up homeless people yet, but I did hear it from a reliable source. I live in Savannah. What I am saying is this; guy was not an innocent guy. He was also convicted of murdering someone else with the same weapon. Two separate convictions for murder. So pretending this guy was innocent is just foolish.

              There are a lot of pieces that I am not privy to, nor are you or the general public for that matter. My personal opinion (to which I’m entitled to) is that this guy was a freaking creep with a very good PR man.

              Maybe you are reading your own bias into my original statements, but they are fairly accurate. My first point is that people use emotionally charged statements like “What happened to “innocent until proven guilty?” That are remarkably inaccurate just to garner support for their opinion. Too much rhetoric out there.

              As far as the death penalty, my opinion is; I think the process is way too slow.

    1. Yup. And I was always taught that murder is wrong, but many disagree.

      When that murder is carried out by a state apparatus, that’s even more troubling, not less.

  2. If the state would have done it’s job after convicting the killer there would not be this liberal media blitz. How come his case is only challenged when it comes time for the sentence to be carried out? He has been on death row for over twenty years. Get on with it!

    1. The fact that it is in the media is irrelevant. If this had been reported on from day one I KNOW that people would have defended his innocence in light of this new “evidence.” What matters here is that were putting a possibly innocent man to death and it’s better late than never to save a life. Put politics behind you and show some compassion for your fellow Americans America!

  3. My compassion is with the police officer and his family. “RAH” is a murdering punk and deserves to die. Should have done it years ago.

      1. In the The Thin Blue Line, one of the lawyers for the defendant, Randall Dale Adams, (convicted of killing a cop in Dallas, Texas), suggests that prosecutors charged and convicted Adams instead of David Ray Harris, against whom there was better evidence, because Harris was a juvenile and was therefore not eligible for the death penalty in Texas.

        You’re a real charmer, Ken.

  4. How easy it is for some people to “pull the trigger” on someone else without first hand knowledge of the incident. My heart goes out to Troy, his family and to the police officers. If Troy dies tonight and tomorrow the truth comes out there will be more harm than has already been done.

  5. Yes Ken killing an innocent man will probably bring him back, but to be sure er should burn him at the stake. Maybe we could sacrifice some virgins while we are at it.

    1. No one said killing an innocent man would bring back the police officer, or anyone else. Your ignorance is showing. Read the facts on the case. There were 34 witnesses, only 9 of the street irchins have said they recanted their story. What about the other person he shot in the face earlier, with the same gun? What about pistol whippping the homeless man? Fleeing to Atlanta? OOps forgot that improtant stuff. He’s had 20 years to show he was unjustly found guilty. Times up, good bye!

      1. They never found a gun in either shooting case Ken. You should read the facts .

        Maybe you should run outside and bite the head off a small animal? Might make you feel better.

  6. What the hack do this execution have do with the tea party or Gov Perry. You proper are off your rocker. It is obviously that none of you people know the hard facts. You are just going on he said she said. This career criminal also shot another man in the face and pistol whipped a homeless man. He is getting what he is lawfully deserved. And Al Sharpton is a black racism

  7. The most chilling moment in The Thin Blue Line is when a Dallas public defender claims that the Dallas DA has been overheard in the past saying, ” any prosecutor can convict a guilty man, but it takes a great prosecutor to convict an innocent man.”

  8. America is a steaming pile of pig shit. The worst country in the industrialized world by any objective estimation. Barbaric, uncivilized, caveman pile of shit.

    Fuck America.

  9. To the people who executed troy Davis. Wrong wrong wrong. Charlie manson who still to this day sits on death row admittingly killed all them people. Troy Davis has a case that was not giving another loom by the f-ing government. I think when 7of 9 witnesses recant their statement (because they were put into a compromising situation of going to jail themselves or being forced to lie to save their own asses) the case should be looked farther into. But because someone or some people didn’t want to admit they may have been wrong only because he was a cop I guess that changes circumstances. I didn’t know this guy at all. But to me it sounds like it comes from a corrupt county or department. And to the people who wrongfully pit him to death or didn’t even take the time to look farther into it I hope u are haunted every night of Ur life and have nightmares about what u have done. And if the government don’t like it let me know I don’t give a sh*t. I’ll give u my number and say everything I have said in this message straight to Ur coward wrongful killing face. Ty. Rednex

  10. You know, given that McPhail died trying to defend a homeless person – some defenseless guy who was being pistol-whipped – I find it especially tragic that his own family pushed so hard for the death of an innocent man. It’s a complete rejection of the ideals McPhail was attempting to uphold when he was killed.

    You know that feeling of anticipatory schadenfreude people get when imagining some asshole getting to the afterlife and getting ripped a new asshole by the God they made such a show of devotion to?

    I’m picturing them getting up to Heaven and getting lambasted by him for their carelessness, callousness, and cruelty.

    1. I wonder how they’re going to react when in a few years from now they find the real killer. I suppose show no guilt for killing him in the end, it’s really a case of the American Justice System not wanting to admit it’s wrong. It happens all the time.

      Hell, it even happened with another man yesterday: Steven Michael Woods. Read up about his case, they found the actual murderer, they sent him to life imprisonment yet he was killed anyway. I understand he was too scared to run away and saw it happened, or help but …

      You kill the person who was scared yet the real killer stays alive in prison. Good job.

      This justice system is beyond fucked up. This is exactly why I can’t support the death penalty as long as there are innocent people being killed, while real murderers and disgusting slimeballs walk away because they’re rich or well off as much as I would love to bring justice.

      1. If you’re not getting what I’m saying about this case: Woods was involved in this crime, however, the injustice here is that the murderer in this case admitted that Woods did not pull the trigger, the other person did and that it was all him, yet he was granted life in prison because he had enough money.

        He’s not an angel, but he shouldn’t have been executed. It should have been reverse if justice was working properly.

        Too bad it isn’t.

    1. Obvious? How so? Do you know all the details of the case? Besideds the BS you see on the TV. I don’t. I said math teacher because that is his demenor and appearance now he is trying to save his own life.

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