High court turns down Ga. death row inmate

[iandhr]

Source: AP

ATLANTA (AP) -- The Supreme Court has cleared the way for a Georgia man to be put to death for killing a police officer two weeks after it halted his execution to consider his appeal.

Troy Davis asked the high court to intervene in his case and order a new trial because seven of the nine witnesses against him have recanted their testimony. Former President Jimmy Carter and South Africa Archbishop Desmond Tutu are among prominent supporters who have called for a new trial.

The justices granted Davis a reprieve on Sept. 23, less than two hours before his scheduled execution. But they declined Tuesday to give his appeal a full-blown hearing. It was not immediately clear when his execution will be scheduled.

Read more: http://hosted.ap.org/dynamic/stories/S/SCOTUS_GEORGIA_EXECUTION?SITE=AP&SECTION=HOME&TEMPLATE=DEFAULT&CTIME=2008-10-14-10-39-28

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This is sad news. We might kill a innocent person

[Ian David]

1. I heard about this on Progressive Voice Podcast. I think he may be innocent too. n/t

[Hawkeye-X]

2. The conservative fuckwits of the Supreme Court has got to be impeached

Indicted, and sent to the Hague along with the war criminals.

That is as follows: Alito, Roberts, Scalia, Thomas and Kennedy. I don't care for Anthony Kennedy as he was not supposed to interfere with the '00 elections, but he did it anyway. Florida happens to be in Kennedy's jurisdiction.

Also indicted for first degree murder - let them have the taste of the needle since they support the death penalty.

Hawkeye-X

[scytherius]

4. Well what I would LOVE, and was almost tried once, butwould never happen . . .

increase the size of the Supreme Court. Congress can do it. Make it 11 and appoint more judges. The Appellate Courts have more than 9.

[emlev]

9. I've never heard of that. Do you have a cite for it? n/t

[Endangered Specie]

34. FDR attempted to do just that when the SCOTUS was fixing to nix his new deal

Idea being, expand the court, and appoint to the new seats to shift the balance.

I believe the SCOTUS didnt start out as 9. encyclopedia it...

[scytherius]

3. As a retired criminal defense atty and prosecutor . . .

there is NO doubt in my mind that some people just deserve to die. I've seen some horrible things and, well, I'd be more than happy to "throw the switch" on some of these people. However, as horrible as it is it is NOT worth putting to death an innocent, father, husband, brother, etc under any circumstances (not suggesting this guy was innocent, btw). I wonder how the revenge laden Right Wing would feel if one of them had their spouse wrongly executed? The state should never have the authority to execute it's citizens. Ever. Having said that, I sure have no problem with locking some people up and throwing away the key. But you KNOW we have executed the innocent in this country and nothing is worth that.

[emlev]

5. Justices Clear Way for Execution in Georgia (Troy Davis)

Source: NY Times

By ROBBIE BROWN
Published: October 14, 2008

ATLANTA — Two weeks after it temporarily spared a Georgia inmate from the death penalty, the United States Supreme Court on Tuesday declined the inmate’s appeal, a decision that will probably lead to a quick execution.
Skip to next paragraph
Georgia Department of Corrections

Troy Davis
Related
With 2 Hours to Spare, Justices Stay Execution (September 24, 2008)

The inmate, Troy A. Davis, was convicted in 1991 of murdering Mark Allen MacPhail, a Savannah police officer. The court’s decision, made without comment or explanation, allows Georgia officials to obtain a new death warrant and schedule a new date of execution, probably in the next few days or weeks....



Read more: www.nytimes.com/2008/10/15/washington/15execute.html?hp

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What a horror. Amnesty International has issued a statement (see this thread).

[hlthe2b]

6. Are there no options left?

What a horrendous travesty of justice...

[emlev]

7. I know of none. The only thing I can think of is...

if the real perpetrator of the crime were to confess. But given that the suspected perpetrator is the one who originally fingered Davis, and given that Davis was within two hours of execution two weeks ago and no such confession happened, I think that's a very very slim possibility.

[npk]

8. Not in the state of Georgia

Governor has no power to grant clemency. So Davis is probably going to be executed.

[Sen. Walter Sobchak]

12. well who issues the death warrant?

no death warrant = no execution

[npk]

19. Georgia Board of Pardons and Paroles.

Georgia Board of Pardons and Paroles, 730 Peachtree St., Suite 1060, Atlanta, Ga. 30308. [phone].

[Gregorian]

22. Thanks for posting this. We have to start writing fast and furiously.

What they do to Troy they do to us all. This is just sick!


From that NY Times article-



The case has led to an outpouring of support for Mr. Davis, largely because seven of nine witnesses against him have recanted their testimony, with two claiming police pressured them to testify against him. Prosecutors presented no physical evidence and no murder weapon, and three witnesses have said another man admitted to the murder.

[Deep13]

10. This matter seems to question the conviction rather than the punishment.

The problem, if the defense allegations are true, is police and witness misconduct. Eliminating the death penalty would not solve this kind of a problem. I frankly don't think locking up an innocent person forever is much better than killing him outright. It is easier on the public's conscience, however, because out of sight is out of mind. Having said that, it would not be the first time that the defense has relied on--shall we say--a selective reading of the facts to make its case to the outside world.

I don't know who is right or wrong here, so I am only speaking hypothetically.

[dougkeenan]

21. Killing an innocent person better than being locked up forever?!?

There's always hope for exoneration with life, particularly for an innocent. Killing one outright, leaves not so much.

[Deep13]

42. Fifty years of suffering a pointless existence.

Whether or not that is better than death, something we all have coming anyway, is a value judgment.

[prayin4rain]

33. well which is better should be the decision of the innocent person not the spectators n/t

[Suspicious]

11. This just makes me sick.

It is bad enough that we still practice such barbarism in this country, and yet they always have to take it a step beyond inhumanity.

If there is ANY doubt WHATSOEVER of a person's guilt, the sentence should automatically be commuted to life in prison, at the least.

Everyone should fear for their safety and the safety of their loved ones in a country where such perversion of justice is commonplace.

[McPainsBrain]

13. the law only requires the beyond a reasonable doubt standard

as it should be. Moral arguments can be made against the death penalty, but your argument would eliminate all executions. That would be okay with me, but just realize that is what you are advocating. It is impossible to eliminate ALL doubt from a murder case, even with a confession.

[Occulus]

14. Your final sentence is why we shouldn't execute anyone, ever

Wasn't there a study done some time ago showing that states without a death penalty actually had a lower incidence of violent crime than states that do have a death penalty? I recall several threads here saying that that study effectively proved the DP is no deterrent to violent crime.

I have an idea: we'd need room to house all the people for life who were convicted in a DP case. Let's release, immediately, everyone convicted of simple possession of marijuana, expunge the cases from their records, and use the space to house all the people on death row instead.

[Suspicious]

18. Yes, I fully understand what I am advocating.

It amazes me that a supposedly modern, enlightened society continues to carry out these barbaric acts and still feels entitled to call itself civilized. It truly amazes me. Everyone has heard,"An eye for an eye and the whole world goes blind."

The death penalty should be abolished. Period. The fact that many innocent people are likely convicted and put to death in this country makes it all the more horrible.

[McPainsBrain]

20. It's only barbaric if an innocent person is executed

If there was a way for us to ensure that only people actually guilty of murder were put to death, I'd be all for it. Shit, I'd even pull the switch. It's only the fear of killing an innocent person that prevents me from supporting it. But if this guy Cooey was actually guilty, then I say screw him. He can rot in hell. And if he was innocent, it's a travesty. But the death penalty in and of itself isn't barbaric. The crimes that some of these people committed can be described with that adjective, however. You should have some more compassion for the victims. But then again you've likely never had a relative murdered.

[Suspicious]

38. Admittedly a matter of opinion.

The U.S. is in the prestigious company of countires like China, North Korea, and Afghanistan who still carry out executions. That in itself says a lot.

I have nothing but compassion for the victims of violent crime and their families. The fact that I am against state executions has absolutely nothing to do with my concern for the victims and their families. I would like to believe that in their position, I would be able to see through my grief enough to know that killing the person who committed the crime solves nothing and only adds to the violence in the world. As a matter of fact, there are many examples of families of murder victims who have have been very verbal about their opposition to the death penalty.

As an aside, I responded to a post about Troy Davis, not Cooey. Regardless, my position on the death penalty is the same. :)

[Gregorian]

26. Absolutely. Justice is somewhat arbitrary in this country.

The examples are all over.

Prosecutors have just gone wild with getting people behind bars. It's a shame.

What really bothers me about this case, admittedly knowing very little about the legal details, is that the Supreme Court denied his appeal. Just appauling if the witnesses indeed have recanted.

Not to mention the fact that he's already spent nearly a lifetime in jail. Damn it to hell!

[otherlander]

15. FUCK FUCK FUCK FUCK FUCK!!!

:banghead:

Why doesn't anyone ever listen to Carter? If we'd listened to him back in the 70's we wouldn't be having this goddamn oil crisis/ war in the middle East, and now the Supreme Court won't even listen to him and wants to kill a guy who didn't do anything?

DAMMNIT!!!

[Cronopio]

23. My sentiments exactly.

No court should ever refuse an appeal of a trial where 7 of the 9 prosecution witnesses have recanted their testimony.

The justices who refused the appeal today are barely human beings, if that much. There is no rational or moral justification for their decision.

[glitch]

24. Agreed. nt

[emlev]

16. AMNESTY INTERNATIONAL NEW CALL TO ACTION!

I just received the following email from Amnesty International:

With today's Supreme Court decision, a man with a credible claim to innocence may soon be executed.
Only your action can save Troy Davis!



Today, the U.S. Supreme Court declined to hear Troy Anthony Davis' appeal. His fate is back in the hands of Georgia authorities who may seek a new execution date at any time.

The Supreme Court's decision to deny Troy Davis' petition means that no court of law will ever hold a hearing on the witnesses who have recanted their trial testimony in sworn affidavits.

Doubts about his guilt raised by these multiple witness recantations will never be resolved. An execution under such a cloud of doubt would undermine public confidence in the state's criminal justice system and would be a grave miscarriage of justice.

The state of Georgia can still do the responsible thing and prevent the execution of Troy Davis:

* Write a letter to the editor calling on Georgia to stop the execution of Troy Davis!
* Call on the Georgia Board of Pardons and Paroles to reconsider its previous decision and grant clemency to Troy Davis.
* Urge your friends and family to go to amnestyusa.org/troydavis or text TROY to 90999 to add their voices to the over 200,000 that have already taken action on this case.

Join the fight for justice.
Take Action Now!

Troy Davis was sentenced to death despite a tainted case and serious claims of innocence. © Georgia Department of Corrections.


Sincerely,

Larry Cox
Executive Director
Amnesty International USA

[emlev]

17. Here's the letter I just wrote

I was very disturbed to hear that the U.S. Supreme Court has refused to grant a hearing of the evidence supporting the innocence of Troy Davis.

That there is now a plan to execute Mr. Davis without this evidence ever having been heard in a court of law is really unfathomable to me.

I plead with you to grant clemency in this case. If you cannot do that, and it is within your power simply not to issue a death warrant, I hope you will take that path.

The whole world is watching. The U.S. is a laughing stock for its continued use of the death penalty: just look at the worldwide outcry against California's Governor Schwarzenegger in his native Austria when he refused clemency for death row prisoner Earl Williams.

I beg you to look beyond the politics of this situation to the ethics of it. It is clear here what is "the right thing to do." Rarely is that true in life. Sometimes there are two possible right decisions or no decision seems right. Here, you have the option for making the right decision, a decision that might help redeem the "justice" in the "justice system."

Listen to the part of you that knows this. Act now to stop Troy Davis from being executed.

[Gregorian]

25. That's wonderful. Thank you for sending that.

I sent something similar. Wouldn't you just love to wring the neck of some of these assclowns in power. I'm utterly frustrated. But that's why it's so refreshing to see a letter such as yours.

I'm also somewhat frustrated that these Troy Davis threads have gained relatively little attention on this forum. This should be at the top of the page. I posted a thread on this, and it has had one reply. How John Kerry looked on Rachel's show is all the rage. I just can't figure it out. Alright, enough of my ranting. It's good to see your letter. And I have to remember what Troy said about being at peace no matter what happens. But the pain is peripheral. His sisters. Us. The people of the world watching this.

What they do to Troy they do to all of us.

[LibbyTreehugger]

27. I sent one as well,..and passed the info to everyone I could think of

This literally has my husband and I in tears.

There has to be something that can be done, to save this man's life. :(

[Gregorian]

29. I'm sorry. All we can do is keep trying.

It's true that what they do to him they also do to us.

I don't know if it helps, but Troy has said that he's at peace with the situation. It may very well be that this injustice (if it is) hurts all of us. We are all less.

It's hard to right a wrong like this. It's nearly impossible to put it into perspective. But I believe there is one. It doesn't ease the pain. But thinking of you and your husband is also painful. I hope we all can find a better way. There isn't much one can say.

[emlev]

31. Thanks. The only thing more I can think of to do...

is try to expect the unexpected.

Someone upthread asked who signs a death warrant. I don't know. Someone could research that and we could see if we could put pressure on that person or group of people.

My heart grieves.

[bean fidhleir]

36. It might be worth asking the Georgia Supreme Court to re-hear

They were sharply divided when they refused him a re-hearing, with the chief justice on the side of right. Maybe one more member has developed a conscience since then.

[thraxis]

39. The night the lights went out in Georgia.

I just heard that song.

[bean fidhleir]

40. Sad song, if I remember it rightly

Welcome to DU

[WhiteTara]

28. we have to change the courts

rest in peace Troy Davis. :cry:

[emlev]

30. Troy is alive

I hope he rests peacefully while alive, but your post sounds like he's dead.

[Endangered Specie]

32. what about the other two witnesses who didnt recant?

what did the 7 say when they recanted, like 'only a techincal bit here and there' or 'full blown I made it up' recant?

[bean fidhleir]

35. One of the two who didn't recant is the accuser --the one the witnesses say is the real killer

The recanters ring changes on a theme: "the cops pressured me to say I knew who did it, but I didn't know". One man said (approximately) "I didn't read the {cop-prepared} statement I signed because I can't read".

[JonLP24]

37. If Obama is elected can he do something?

What are his options if he can?

[Bill McBlueState]

41. the guy will probably be dead by Jan. 20

Not that Obama would pardon a death row inmate to start his term, but it will likely be too late by then anyway.