07 June 2007

procedure trumps justice...again...this time for troy davis...

from the diaries of the tennessee dude...

we've blogged about it before...all sorts of people succumb to it...reasonable people may refer to it as "sentence fatigue"...angry people may say that enough is enough already...just plain mean-spirited people may simply drive around screaming, "fry that m__________ f____________,"...

i refer to it as procedure being more important than substance...finality being more important than truth in justice...just one more scenario in which we, collectively, share the warm and fuzzy opportunity to kill an innocent man (and yes, that's ironic sarcasm right there)...

this time i'm referring to the case of troy davis in which my home state of georgia is on the verge of poisoning to death a young man where no physical evidence ever linked him to the murder for which he was convicted and all but 2 so-called eyewitnesses have recanted their testimony:
  • Darrell Collins: "[The police] were telling me that I was an accessory to murder and that I would ... go to jail for a long time and I would be lucky if I ever got out, especially because a police officer got killed...I was only sixteen and was so scared of going to jail."

  • Antoine Williams: "After the officers talked to me, they gave me a statement and told me to sign it. I signed it. I did not read it because I cannot read ... I was totally unsure whether he was the person who shot the officer. I felt pressured to point at him ... I have no idea what the person who shot the officer looks like."

  • Jeffrey Sapp: "The police came and talked to me and put a lot of pressure on me.... They wanted me to tell them that Troy confessed to me about killing that officer. The thing is, Troy never told me anything about it. I got tired of them harassing me .... I told them that Troy did it, but it wasn't true."

  • Daniel Kinsman: "[T]here was and is no doubt in my mind that the person who shot the officer had the gun in and was shooting with his left hand." Davis is right-handed.

  • Shirley Riley: "People on the streets were talking about Sylvester Coles being involved with killing the police officer, so one day I asked him if he was involved .... Sylvester told me he did shoot the officer."

  • Joseph Washington: "I am positive that it was Red [Coles] who shot the police officer... [He] was wearing a white shirt...I had no idea that the shirt...was important because no one ever asked me...I would have testified to this but I was not asked by the state or by Troy's lawyers."

and of those witnesses who have not recanted??? well, one "witness" has been implicated as the murderer by nine people while the other could only recall the color of the shooter's clothes...and as we often respond to questions about how this execution could come to be, death penalty appeals are very difficult and no court has reviewed all the new evidence that came out since his initial trial...

restrictions on federal appeals have prevented troy anthony davis from having a hearing in federal court on the reliability of the witness testimony used against him, despite the fact that most of the witnesses have since recanted, many alleging they were pressured or coerced by police...troy davis remains on georgia death row, and may be scheduled for execution as early as next month...

for the brief back story...troy davis was sentenced to death for the murder of police officer mark allen mcphail at a burger king in savannah, georgia; a murder he maintains he did not commit...there was no physical evidence against him and the weapon used in the crime was never found...the case against him consisted entirely of witness testimony which contained inconsistencies even at the time of the trial...since then, all but three of the state's non-police witnesses from the trial have recanted their testimony...many of these witnesses have stated in sworn affidavits that they were pressured or coerced by police into testifying or signing statements against troy davis (see above)...

for further details in the back story and its context read Where is the justice for me?: The case of Troy Davis, facing execution in Georgia...

but we need YOU to TAKE ACTION TODAY...

troy's best chance at survival through this heresy of "justice" is clemency - please click here to print out a letter to the parole board in georgia and mail it today! - please forward the link to your friends, associates and broad network and ask them to do the same...this is critical...

the blogosphere may be able to generate enough attention to this moral and ethical outrage but only if you choose to make it happen...so today - and i'm only asking this today - rather than downloading a funny youtube video and sharing it please share this action...so, please organize as many appeals as you can...if you can organize a petition, collecting signatures supporting clemency for troy davis to send to the Board, please do so to:

State Board of Pardons and Paroles
2 Martin Luther King, Jr. Drive, SE
Suite 458, Balcony Level, East Tower
Atlanta, Georgia 30334-4909
USA
Fax: +1 404 651 8502

i understand your ambivalence but executing troy davis should feel wrong even if you believe that executions have a place in american juris prudence...

thanks and as always...

peace out y'all <3

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