Two men were murdered last night.
One was killed under the watchful eye of people around the country and around the world. The other was killed with nary a soul watching.
The State of Georgia murdered an innocent man. The State of Texas killed a guilty man.
By now we all know the tragic story of Troy Davis. Last night we watched as the killing hour drew near and gasped when the execution was put on hold. We were hopeful that justice would prevail and that new questions would be raised about who killed Mark MacPhail in Savannah back in 1989. We sat in stunned silence as word came down that the U.S. Supreme Court denied Mr. Davis' request for a stay of execution and we watched in horror as Mr. Davis was murdered.
But in the Piney Woods of Texas, Lawrence Brewer was also a victim of the death machine. Mr. Brewer wasn't a nice person. He was a convicted felon. He was a member of a KKK-like group. He participated in the beating and murder of James Byrd in Jasper, Texas - a crime that sickened the public. He had exhausted his appeals and went to his death with a tear in his eye.
It's easy to be sympathetic to the cause of Troy Davis. There is nothing that betrays our sense of justice more than the state-sponsored murder of an innocent man. But let's face it, the vast majority of inmates on death row across this country are guilty. It's harder t mobilize the masses to fight to save the life of a murderer.
The State of Georgia wasn't justified in killing Troy Davis. Yes, a jury convicted him of Mr. MacPhail's murder. But there was no physical evidence linking Mr. Davis to the murder. The murder weapon was never recovered. Seven of the nine non-law enforcement witnesses recanted their trial testimony. Yet neither the Georgia Board of Pardons and Parole nor the Georgia Supreme Court nor the U.S. Supreme Court thought that was enough to raise enough doubt to halt the execution.
We accept a legal system in which the Nine Wearing Robes can change the established law of the land with just five votes, precedence and stare decisis be damned. But we can't accept that juries might get it wrong or that witnesses might reconsider their testimony.
Those of us who stand beside criminal defendants also know that few of our clients are innocent. For most of our clients, it's more a question of whether the prosecutor can prove the allegations. We fight just as hard for the person who admits guilt as we do for the person who proclaims his innocence. That's what the Constitution requires. It's through fighting for the most unworthy and unloved clients that we fortify the rights enshrined in the Bill of Rights.
It's in fighting to save the life of Lawrence Russell that our fight to abolish the death penalty will succeed. It's when we convince the public that state-sponsored murder is the most tyrannical act a government can carry out.
I'm saddened by the deaths of Mr. Davis and Mr. Russell. I'm angry about it. I will take that anger and channel it. I will channel it the next time I stand in front of a jury asking them to find my client not guilty. I will channel it the next time I reject a plea offer from the state. I will channel it the next time I go before a judge and demand that a case be dismissed.
It's time to get back to work.
Showing posts with label Troy Anthony Davis. Show all posts
Showing posts with label Troy Anthony Davis. Show all posts
Thursday, September 22, 2011
Wednesday, September 21, 2011
Democracy Now! live coverage of the murder of Troy Davis
Davis was convicted in 1989 of killing of off-duty white police officer, Mark MacPhail. Since then, seven of the nine non-police witnesses who fingered Davis have recanted their testimony, and there is no physical evidence that ties Davis to the crime scene.
Video of the special broadcast will be live-streamed from 6pm to 8pmEDT at http://www.democracynow.org.
The special can also be watched on Free Speech TV (Channel 9415, onDISH Network and Channel 348 on DirectTV), and on Link TV (Ch. 375 on DirecTV).
Audio of the special broadcast will be carried by Pacifica radio. Check your local sister station or affiliate to see if they plan to carry it.
Please encourage your local radio and TV station to air the program. It is free for any radio or TV station to air. (Email Denis@democracynow.org for more information.)
If you would like to embed the Democracy Now! Livestream player to post on your website, please visit http://www.livestream.com/democracynow/share
Visit the Democracy Now! archive for all of these video reports, which include the complete transcripts:http://www.democracynow.org/tags/troy_davis
Tuesday, September 20, 2011
Update: Will Georgia murder Troy Davis?
Yes.
The State of Georgia has no problem murdering an innocent man.
The Georgia Board of Pardons and Parole gave a thumbs down to Troy Davis' request for clemency today - despite overwhelming evidence that the wrong man is on death row.
How, might you ask, is this possible? How could five men and women be blind to seven of the nine witnesses recanting their trial testimony? How could five men and women be so certain when the murder weapon was never recovered? When there was no forensic evidence?
Radley Balko has an idea. Here is the makeup of the board who decided Mr. Davis' fate:
So we have former prosecutors and ex-cops on the panel that decides whether or not to grant clemency. As Mr. Gamso pointed out so eloquently - what other answer did you expect? The deck is stacked, man. Mr. Davis never stood a prayer.
The hatted one offers a modest proposal - let's have someone from the defense on the panel. How about someone from the outside of the criminal (in)justice system? I don't know if it would make a difference, but as it stands, the panel is nothing more than a rubber stamp for law enforcement. And, since the victim was a police officer, someone has to pay the price.
Maybe this is what the mantra of limited government is all about - limiting the rights of the accused and limiting their access to justice.
The State of Georgia has no problem murdering an innocent man.
The Georgia Board of Pardons and Parole gave a thumbs down to Troy Davis' request for clemency today - despite overwhelming evidence that the wrong man is on death row.
How, might you ask, is this possible? How could five men and women be blind to seven of the nine witnesses recanting their trial testimony? How could five men and women be so certain when the murder weapon was never recovered? When there was no forensic evidence?
Radley Balko has an idea. Here is the makeup of the board who decided Mr. Davis' fate:
Gale Buckner, a former Georgia Bureau of Investigation agent . . . . Robert Keller, the ex-chair of a Georgia prosecutors group . . . James Donald, the former head of the Georgia Department of Corrections, Albert Murray, who led the state’s juvenile justice program, and Terry Barnard, a former Republican state lawmaker.Jeff Gamso has a problem with it. So does Mr. Popehat himself.
So we have former prosecutors and ex-cops on the panel that decides whether or not to grant clemency. As Mr. Gamso pointed out so eloquently - what other answer did you expect? The deck is stacked, man. Mr. Davis never stood a prayer.
The hatted one offers a modest proposal - let's have someone from the defense on the panel. How about someone from the outside of the criminal (in)justice system? I don't know if it would make a difference, but as it stands, the panel is nothing more than a rubber stamp for law enforcement. And, since the victim was a police officer, someone has to pay the price.
Maybe this is what the mantra of limited government is all about - limiting the rights of the accused and limiting their access to justice.
Will Georgia murder an innocent man?
Troy Davis' life rests in the hands of the four men and one woman who make up Georgia's Board of Pardons and Parole. They will make a decision today that will either result in life or death. A thumbs up and the life of an innocent man is spared. A thumbs down and the State of Georgia will be guilty of murder.
It has been pointed out endlessly that all but two witnesses from Mr. Davis' trial have recanted their testimony that Mr. Davis was the man who shot Savannah (GA) police officer Mark MacPhail in 1989. One of the two clinging to their story is the man whom Mr. Davis has steadfastly claimed pulled the trigger.
The gun was never recovered.
There were no forensics.
Just the eyewitness testimony of nine people.
Nine people asked to remember what happened in the blink of an eye. Nine people asked to testify, in detail, about the chaos unfolding around them. Nine people who were "reminded" by the prosecutors and police many times over that Mr. Davis was the bad guy.
The taking of a life by the state is the single most intrusive act the government can perform. It is the ultimate punishment. You can take away a man's money. You can take away his time. But when you take his life - he ceases to exist.
If there is ever a time to err on the side of caution, it is when we're talking about the murder of a person by the state. What could be more cruel that taking the life of an innocent man in the name of "finality?"
As I have stated many times here (and will state many more times to come), killing Troy Davis will not bring Mark MacPhail back to life. Killing Troy Davis won't fill the void in the MacPhail family. Killing Troy Davis will only mean that Mr. MacPhail's killer will never be brought to justice.
It's time to do the right thing. The only question is whether or not four men and one woman in Georgia have the strength to do it.
See also:
"Troy Davis to learn execution fate as protests continue in Georgia," The Guardian (Sept. 19, 2011)
"Thumbs up/thumbs down," Gamso for the Defense (Sept. 18, 2011)
"It's not cruel or unusual to execute an innocent man," The Defense Rests (Oct. 15, 2008)
It has been pointed out endlessly that all but two witnesses from Mr. Davis' trial have recanted their testimony that Mr. Davis was the man who shot Savannah (GA) police officer Mark MacPhail in 1989. One of the two clinging to their story is the man whom Mr. Davis has steadfastly claimed pulled the trigger.
The gun was never recovered.
There were no forensics.
Just the eyewitness testimony of nine people.
Nine people asked to remember what happened in the blink of an eye. Nine people asked to testify, in detail, about the chaos unfolding around them. Nine people who were "reminded" by the prosecutors and police many times over that Mr. Davis was the bad guy.
The taking of a life by the state is the single most intrusive act the government can perform. It is the ultimate punishment. You can take away a man's money. You can take away his time. But when you take his life - he ceases to exist.
If there is ever a time to err on the side of caution, it is when we're talking about the murder of a person by the state. What could be more cruel that taking the life of an innocent man in the name of "finality?"
As I have stated many times here (and will state many more times to come), killing Troy Davis will not bring Mark MacPhail back to life. Killing Troy Davis won't fill the void in the MacPhail family. Killing Troy Davis will only mean that Mr. MacPhail's killer will never be brought to justice.
It's time to do the right thing. The only question is whether or not four men and one woman in Georgia have the strength to do it.
See also:
"Troy Davis to learn execution fate as protests continue in Georgia," The Guardian (Sept. 19, 2011)
"Thumbs up/thumbs down," Gamso for the Defense (Sept. 18, 2011)
"It's not cruel or unusual to execute an innocent man," The Defense Rests (Oct. 15, 2008)
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