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James Abbott-Thompson

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Troy Davis: Sacrificing the Innocent

Posted: 23/09/11 01:00

Hope descended into horror on Wednesday, as the US Supreme Court considered, and then rejected, a request from attorneys acting on behalf of Troy Davis to stay his execution. All the while, I am told, he was strapped to the gurney in the execution chamber waiting to die.

I am still in a state of cold disbelief; I cannot quite believe that this has happened - that one of the most advanced nations on earth has lapsed so easily into such unthinking barbarism. The trajectory of the Davis case through the state and federal courts is a complicated one, but one thing is clear: far from being 'guilty beyond a reasonable doubt', Troy Davis was probably innocent.

It is worth quoting directly from affidavits of some of the witnesses (seven out of nine) who recanted the testimony they gave in Troy Davis' original trial - in which he was convicted of murdering a police officer.

Kevin McQueen: 'The truth is that Troy never confessed to me or talked to me about the shooting of the police officer. I made up the confession from information I had heard on T.V. and from other inmates about the crimes ... I have now realised what I did to Troy so I have decided to tell the truth.'

Michael Cooper: 'I remember that [the police] asked a lot of questions and typed up a statement which they told me to sign. I did not read the statement before I signed. In fact, I have not seen it before today ... What is written in that statement is a lie.'

And yet, Troy Davis is now dead.

I was in Atlanta, Georgia last weekend and there was a strong public sentiment against Troy Davis' imminent execution. The fact that the state of Georgia proceeded with the execution, in spite of both the overwhelming evidence and the international campaign to stop it, is telling.

First, it is clear that the identity of the victim - a police officer who was trying to prevent an attack on a homeless man - shaped the contours of this case, creating an inexorable drive towards execution. If Davis had been guilty, this would perhaps have been understandable. But sacrificing the life of an innocent man is not, under any circumstances, a legitimate way to settle such a score - even if he was poor and black.

Second, the case speaks volumes about the institutional attitude of the relevant state bodies in Georgia - that they are loath to correct their own errors. The reluctance of government actors to admit their own mistakes is nothing new, but when it results in state-sanctioned murder something needs to change.

In response to the Davis case, the Reverend Al Sharpton has called for the reform of capital punishment in the thirty-four US states that continue to practise it. Crucially, he argues that nobody should ever be convicted of capital murder where there is no physical evidence linking him or her to the crime. This is something that everyone should endorse, regardless of your position on the death penalty.

The Davis case has rightly become a cause célèbre. What has been overlooked, however, is that the fate of Troy Davis is by no means unprecedented. Since the reintroduction of capital punishment in 1976, there have been numerous cases in which there was considerable doubt as to the guilt of those executed; indeed, the preponderance of evidence in these cases suggested that they were actually innocent.

There can be no restitution for individuals executed for crimes they did not commit. But let it be hoped that Troy Davis did not die in vain.

 
Hope descended into horror on Wednesday, as the US Supreme Court considered, and then rejected, a request from attorneys acting on behalf of Troy Davis to stay his execution. All the while, I am told,...
Hope descended into horror on Wednesday, as the US Supreme Court considered, and then rejected, a request from attorneys acting on behalf of Troy Davis to stay his execution. All the while, I am told,...
 
 
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HUFFPOST SUPER USER
BlairCase
19:38 on 25/09/2011
I think author James Abbott-Thompson has missidentified witness Michale Cooper. Michael Cooper was the teenager who was shot in the face at the Cloverdale party. He was in the hospital by the time officer MacPhail was murdered in the Burger King parking lot. At the first trial, he testified that he did not see who shot him at the party. He did testify that he saw Davis at the part, but Davis admits having been at the party. Cooper didn't testified about the Burger King shooting, since he wasn't there. He never alleged police coercion or recanted his testimony.
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HUFFPOST BLOGGER
James Abbott-Thompson
16:01 on 28/09/2011
The source is the Amnesty International Document which I have linked in the article.
This user has chosen to opt out of the Badges program
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02:55 on 24/09/2011
america is the only nation
which miraculously
has gone from barbarism
to decadence
without the usual interval
of civilization…
Georges Clemenceau
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BILL1234
00:06 on 24/09/2011
HP What is wrong with this Comment? Once again, the state of Georgia, evidence not seen, someone had to go jail when Black children were being killed in Georgia. The urgency, state did not want to lose the “GAMES” and money.
Was this a coincident or just bad timing, for Mr. Davis? Texas murders a White man for killing a Black man; there was no doubt of guilt. Did Georgia balance the books by murdering a Black man for killing a White man with many doubts concerning guilt?
This is not the first time that Georgia and Texas have shared the Death Penalty Spotlight-- Furman v. Georgia 408 US 238(1972) of course the court make up has a lot to do with these decisions. We as Americans should bring sanity to our judicial system.
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Philip J Sparrow
When your work speaks for itself, keep quiet
12:50 on 23/09/2011
Troy Davis will have died in vain as long as people continue to complain about 'the system' rather than capital punishment in principal. Supreme Court cases since 1976 have repeatedly pandered to regressive notions of justice having previously acknowledged (in Furman v. Georgia) that capital punishment is fundamentally unworkable and unconstitutional; the judiciary can be of no more use in preventing the practice when they refuse to overrule public opinion or the legistlature.
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James Abbott-Thompson
21:19 on 23/09/2011
Having spent time in Texas (which executes more people than any other state) working on capital murder cases, visiting death row inmates and talking to people about capital punishment, I can tell you that merely complaining about capital punishment 'in principle' is not going to you anywhere.

It is necessary to work within the socio-political parameters of the society in question, and, as you acknowledge, public opinion supports capital punishment.

This means that reform of capital punishment in the United States has to be incremental. You seem to imply that improvements in the death penalty regime are impossible - that it's abolition or nothing.

Having stricter standards - such as the requirement that there be physical evidence linking a capital murder defendant to the crime of which he accused - will certainly reduce the prevalence of miscarriages of justice such as Davis's.

In any case, most people who advocate reform of capital punishment would like to see its eventual abolition. They also have a sense of political realism.
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HUFFPOST SUPER USER
Philip J Sparrow
When your work speaks for itself, keep quiet
12:31 on 24/09/2011
Look at the statistics provided by the Capital Jury Project; unbelievable numbers of jurors go into capital trials with substantial bias (inevitably mostly racial), gross ignorance of the law (which isn't helped by judge direction), and prejudice arising from slanted media coverage and a predisposition towards death (in the sentencing phase). The conclusion being that substantial numbers of jurors are simply unfit to serve. The Supreme Court has already ruled that it has no intention of violating the sanctity of the jury room, making it impossible to tell when, and to what extent, these faults influence a trial. The legal system alone is incapable of redressing these inbalances, as it is clear that the jury selection process is insufficient.
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BlairCase
18:25 on 25/09/2011
California actually sentences many more people to death than Texas. California currently has 721 on death row while Florida has 398 and Texas has 321. It's basically a function of population size. The states with the largest populations have the most murders and the most death sentences. Some of the smaller states actually sentence a larger percentage to death than California or Texas. The number of Texas executions per year jumped dramatically when Texas reformed and streamlined its appeals process. This also had the effect of shortening the time between conviction and execution to about a decade. The California appelate process is slower. Now that the "backlog" has been eliminated, Texas is executing about 10 a year.

http://www.deathpenaltyinfo.org/death-row-inmates-state-and-size-death-row-year
12:12 on 23/09/2011
'' one of the most advanced nations on earth has lapsed so easily into such unthinking barbarism.''
------------------------------------------------------------------------------
Other executions were not lapses?
Supporting dictatorships were not lapses?
Invading Iraq was not a lapse?
And so on...

''Advanced'' in organisational and technological systems does not mean ''advanced'' in ethical systems.
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James Abbott-Thompson
21:06 on 23/09/2011
Indeed. But a legal system is a much an organisational system as it is an ethical one - law does not exist solely or even primarily to enforce ethics. And, in the former sense, it has failed to provide adequate procedural safeguards for Davis.
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HUFFPOST SUPER USER
gfs5541
07:32 on 23/09/2011
To be honest, I think he did shot that off-duty cop. Moreover, I don't subscribe to the "this was an issue with his race" line either. He was tried by a jury that was dominated by African-Americans (7 blacks to 5 whites). However, I didn't think he deserved the death penalty. To be honest, I'm amazed that anyone would agree to be on a jury to try a case like this. I would've told the judge flat out that couldn't be part of such a jury because I would constantly ask this question though out the trial: What if I'm wrong? What if the evidence wasn't accurate or the witnesses weren't truthful? Or what if the witnesses were truthful, but decided that they've made a mistake? More to the point, regardless of whether a man or woman committed murder or not, I'm helping to commit another one, even if it's in retaliation for the first one. That's the insanity and the "Catch-22" of the death penalty. You're damned either way.
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BILL1234
00:03 on 24/09/2011
To your point, that many what IFs, supports not beyond a reasonable doubt. Racial mix on juries do not always mean you have a fair jury. There is more opportunity in small venues, for juries not to be acting as freely as you might think.
03:09 on 23/09/2011
America? The land of the free? Champion of freedom, liberty, human rights and democracy?

On this evidence, you're no better than China.

Just a lot more hypocritical.