Jump to content

Troy Davis

From Wikipedia, the free encyclopedia

This is an old revision of this page, as edited by SelfEvidentTruths (talk | contribs) at 05:11, 9 December 2008 (internal ref). The present address (URL) is a permanent link to this revision, which may differ significantly from the current revision.

For the Canadian Football League running back, see Troy Davis.
Troy Anthony Davis
BornOctober 9, 1968
Known forClaiming wrongful conviction and facing exectuion in Georgia
Websitehttp://www.troyanthonydavis.org/

The Troy Davis case concerns the case of Troy Anthony Davis, an African American from the U.S. state of Georgia who was convicted and sentenced to death in 1991 for the August 19, 1989 murder of an off-duty Savannah Police Officer named Mark Allen MacPhail on the basis of eyewitness testimonies. There was no physical evidence against him and the weapon used in the crime was never found.[1] Seven of the nine non-police eyewitnesses later contradicted their own testimony in sworn affidavits filed in a court of law.[2] Troy Davis has steadfastly maintained his innocence throughout the years, and has pleaded with the courts to be granted a new trial, or, at the minimum, to be allowed a hearing in which the recanting eyewitnesses will be cross-examined in order to determine whether a miscarriage of justice occurred in the initial trial.[1] Troy Davis came close to being executed with executions scheduled three times in July 2007, September 2008, and October 2008, but in each case a stay of the execution was ordered by the courts or the Parole Board. On October 24, the 11th Circuit Court of Appeals issued the most recent stay of execution to consider Davis’s request for a second federal habeas petition.[3] If they allow this petition, Davis could ask for an evidentiary hearing from the US District Court for the Southern District of Georgia that would allow the witnesses to be heard and cross-examined in a judicial proceeding.


National and international legal organizations, such as Amnesty International,[1] the National Lawyers Guild,[4] and the Innocence Project,[5] have strongly condemned the planned execution of Davis despite the existence of reasonable doubt, and have called for granting Davis a new trial. They argue that a new trial should be granted based on the new evidence showing that seven of the nine original witnesses have subsequently recanted or contradicted their trial testimony.[1] The eyewitnesses who contradicted themselves have stated that their original testimony against Davis was due to police coercion or intimidation.[1] Additionally, there has been new evidence implicating one of the witnesses who has remained consistent, Coles, as the real perpetrator of the murder. Coles was seen acting suspiciously the night of Officer MacPhail’s murder and has been heard boasting that he killed an off-duty police officer.[1]

Several world and national leaders have spoken out on behalf of Davis. President Jimmy Carter,[6] Pope Benedict XVI,[7] Desmond Tutu[7] Presidential candidate Bob Barr,[7] and former FBI Director William S. Sessions[8] are some of the well-known politicians and leaders who have condemned Georgia authorities for their plan to execute a possibly innocent man, and issued requests and pleas to grant Davis a new trial.

The three-judge panel of the 11th Circuit Court of Appeals is scheduled to hear oral arguments in this case on December 9, 2008 at the United States Court of Appeals Building in Atlanta, Georgia (Case No. 08-16009-P).


The trial

On August 19, 1989, Officer Mark Allen MacPhail, an off-duty policeman, was working as a security guard at a Burger King restaurant in Savannah, Georgia. Responding to a scuffle that erupted between several men who were hanging out in the parking lot, he intervened, and was then shot. He died of gunshot wounds at the scene of the crime. [9] Troy Anthony Davis, who initially fled from the scene together with the other men, surrendered to the authorities on August 23. Under interrogation he confessed to being present at the crime scene,[10] but stated another man named Coles had shot Officer MacPhail. Davis asserted his innocence and a jury trial was held.[2] He was convicted and sentenced to death in August 1991.[2]

According to the trial transcripts, the following is what occurred on the night of the murder:

Sylvester "Redd" Coles, a black man, was hassling a homeless man Larry Young, also black, as Young walked from the liquor store with his newly purchased beer. Redd demanded that Young give Redd his beer. Young refused. Young walked away from Redd toward the Burger King parking lot, where Young's girlfriend, Harriet Murray, waited for Young's return. Redd became angry and persisted in his demand for the beer. As the two neared the parking lot, Murray heard the commotion and saw the man hassling Young. She heard him say "You don't know me. I'll shoot you." At that point, she saw that man pull a gun from his waistband. Murray ran for cover.[11]

Redd claimed at trial that he was the instigator. Redd and Young both testified at trial that Redd was the one who had made the threat to shoot Young.[11] While Redd was arguing with Young, Darrell "D.D." Collins and Troy Davis, both black men, entered the Burger King parking lot. All trial witnesses stated that neither Collins nor Davis spoke to Young. The pistol whipping of Young occurred shortly after Redd was alleged to have threatened to shoot the homeless man. Young had an open gash on his right temple. According to trial witnesses, he sought help from the passengers in a van at the drive-through window and the Burger King manager, Leo Bishop. Young was standing between the van and the Burger King window when shots rang out.

Mark Allen MacPhail was working off-duty but in full uniform as a security guard at the Burger King. He entered the parking lot after Young was assaulted. When the four black men saw MacPhail, each man started to run. According to Redd, when MacPhail yelled for all of them to stop running, Redd was the only one to stop; after this, MacPhail was shot.

Earlier on the day in question, a man named Michael Cooper was shot by Davis at a party in Cloverdale, a nearby neighborhood. A ballistics expert testified at the trial that the .38 calibre bullet that killed Officer McPhail could possibly have been fired from the same gun that wounded Michael Cooper, although he admitted that he had "some doubt" about this.[12][9]

Challenges to selection of jury

The jury in the trial was composed of seven blacks and five whites. Upon Davis raising racial bias in the jury selection process as an issue, it was determined the eight potential black jurors who were peremptorily challenged were removed from the jury pool for plainly non-racist reasons, specifically: for making explicit statements during voir dire (jury selection) that they would not consider applying the death penalty (five of eight), for implicitly or explicitly indicating a personal connection to Davis (two of eight), and for having had recent multiple contacts with law enforcement due to family troubles (one of eight).

In any case, whereas the county in which the trial was held was about two-thirds white and the jury pool was about 57% white, the seated jury proved even to be 58% black. Davis' challenge of racial bias in jury selection was therefore unsurprisingly dismissed as long ago as 1993.[13]

Appeals

State Habeas proceedings

Davis, like many indigent death row inmates, was represented during his state habeas proceedings by the Georgia Resource Center, whose investigation of his case was hobbled after radical congressional de-funding, which slashed the Center’s budget from from $1,000,000 to $300,000, and its staff of lawyers from eight to two.[14]

As a direct result, the vast majority of the recantations and other new evidence of Mr. Davis’ innocence went undiscovered and unheard as Davis’ appeals proceeded through state court.[14] In addition, Davis encountered restrictions on the scope of his ability to attack the conviction, due to limitations introduced by the 1996 Antiterrorism and Effective Death Penalty Act.[2] As a result, all Davis' state Habeas petitions were denied.

Federal Habeas proceedings

In 2004, his state remedies exhausted, Davis submitted twenty-one exculpatory affidavits to a federal court in Georgia. These affidavits contained recantations from all but two of the prosecution eyewitnesses, the testimony of another previously undiscovered eyewitness and others with information bearing on the crime—all strong evidence suggesting that Davis is, in fact, innocent of the crimes for which he was sentenced to death. Prosecutors argued that under Georgia law it was too late to present the recantations as evidence in an extraordinary motion for new trial.[15] Citing procedural bars, the federal district court declined to consider any evidence of Davis’ actual innocence.

Davis appealed to the 11th Circuit Court which heard oral argument in the case on September 7, 2005. Davis argued that since seven of the nine eyewitnesses recanted their testimony and voluntarily filed an affidavit stating they lied in the original trial, he is entitled to a retrial based on his actual innocence claim. Davis' lead lawyer, Kathleen Behan, also argued that there were multiple constitutional violations in the original trial, including a Giglio violation (referring to State promises made to Dorothy Ferrell, a key witness for the State, in exchange for her testimony) and a Brady violation (referring to the State's failure to give Davis' lawyers exculpatory evidence).

On September 26, 2006, the 11th Circuit affirmed the denial of federal habeas corpus relief. Davis filed a Certiorari petition to the US Supreme Court, but on June 25, 2007, the Supreme Court declined to hear the case.[10]


Harriet Murray, a witness who recanted in 2002, refused to wait for a notary to witness her signed statement, making it legally inadmissible in court.[16] Two brothers, Gary and Anthony Hargrove, came forward over a year after the trial, with Gary Hargrove claiming to have encountered hearsay that Sylvester Coles was the murderer, and Anthony Hargrove claiming to have witnessed Coles doing the actual shooting; Anthony Hargrove further claimed that he failed to come forward during the investigation because he was violating parole on the evening of the shooting.[17]

Davis's execution was initially scheduled for July 17, 2007.[2] On July 16, U.S. Congressman John Lewis spoke to the Georgia State Board of Pardons and Paroles on Davis's behalf, suggesting that Coles -- one of the two witnesses who had not recanted -- was the real killer.[18] The Board of Pardons received four thousand letters on Davis' behalf, including letters written by Desmond Tutu, Harry Belafonte, composer and human rights activist William Rowland and former FBI director William Sessions.[18] Sister Helen Prejean, Amnesty International US director Larry Cox, and the Council of Europe all spoke out against the planned execution.[19] The Vatican's nuncio to the U.S., Monsignor Martin Krebs, sent a letter on behalf of Pope Benedict XVI to Governor of Georgia Sonny Perdue urging him to spare Davis' life. However, Georgia is one of three U.S. states where the governor has no power to grant clemency, as the power to pardon rests solely with an appointed Board.[20]

On July 16, a ninety day stay of execution was granted by the Georgia State Board of Pardons and Paroles.[21] Davis' family and supporters expressed gratitude for the stay.[22] After considering all testimony and evidence submitted by Davis and his attorneys during hearings held during the stay of execution, including testimony from Davis himself, the Georgia Parole and Pardons Board denied to pardon Davis.

On August 3, 2007, the Georgia Supreme Court voted four to three to hear a discretionary appeal of Davis's 1991 conviction.[23] On March 17, 2008, the Georgia Supreme Court, by a slim 4-3 majority, denied the appeal, explaining in their decision why the recantation affidavits were legally invalid or otherwise unpersuasive as to Davis' innocence. The Georgia Supreme Court even noted that one of Davis' own affidavits can be read so as to point to his own guilt in McPhail's murder.[24]

In September 2008, President Jimmy Carter released a letter urging the state Board of Pardons and Parole to reverse its decision to deny clemency. In his letter, President Carter stated that flaws in Davis' conviction and appeals warrant a closer look, writing in part:

This case illustrates the deep flaws in the application of the death penalty in this country. Executing Troy Davis without a real examination of potentially exonerating evidence risks taking the life of an innocent man and would be a grave miscarriage of justice.[25]

That same month, former Republican Congressman and Presidential candidate Bob Barr wrote the Georgia Board saying that he is "a strong believer in the death penalty as an appropriate and just punishment," but that the proper level of fairness and accuracy required for the ultimate punishment has not been met in Davis's case. [26] Subsequently, Reverend Al Sharpton also called for clemency after he met and prayed with Davis on death row.[27] On September 11, 2008, hundreds of people turned out for a rally in support of Davis at the state capitol in Atlanta; the following day, the Georgia Board of Pardon and Paroles nonetheless denied clemency for Davis.[28][29]

On September 22, 2008, Attorney Carol Gray, who assisted the Troy Davis defense team, suggested that the execution be stayed until information can be obtained from a clerk at the motel across from the murder scene. Gray says that the clerk was heard screaming after shots were fired, but the clerk has so far not been identified or interviewed. According to Gray, such identification could be made through existing tax records. [30] A new execution date was set for September 23, 2008 at 7 pm.[31] State authorities intended to carry out the execution despite their knowledge that the United States Supreme Court was scheduled to take up the case the following week. [32] Only a last-minute emergency stay, issued by the Supreme Court several hours before the execution was to be carried out, saved his life.[33] On October 14, 2008, the US Supreme Court declined to hear Troy Davis' Certiorari petition, without giving an explanation for the decision. A new execution date was set for October 27, 2008. [34]

Second federal habeas petition

On October 23, 2008, Davis launched a second habeas petition, referring to the new exculpatory affidavits that were never considered in a court of law, arguing:

Mr. Davis’ execution in light of new evidence concerning his innocence is constitutionally intolerable. Society recoils at state execution of an innocent person.[35]


Davis' lawyers requested an emergency stay of the pending execution, and on October 24, the 11th Circuit Court of Appeals issued a stay of execution to consider the second federal habeas petition filed by Davis' lawyers. [36] On November 19, the 11th Circuit ordered the parties to submit briefs, and scheduled oral argument in front of the three-judge panel on December 9th, 2008. The December 9th hearing before Judges Joel Dubina, Rosemary Barkett, and Stanley Marcus is open to the public. [37]

Davis' biography

Troy Anthony Davis was born on October 9, 1968 (1968-10-09) (age 40).[10] Davis was a coach in the Savannah Police Athletic League and had signed up for service in the United States Marine Corps.[2]

References

  1. ^ a b c d e f "Troy Davis". Amnesty International. 2008-10-27. Retrieved 2008-12-08.
  2. ^ a b c d e f Lowe, Brendan (2007-07-13). "Will Georgia Kill an Innocent Man?". Time Magazine. Retrieved 2007-07-17.
  3. ^ Bluestein, Greg (2008-10-24). "Appeals court halts execution of Ga. cop killer". Associated Press.
  4. ^ "Rally to Stop Execution of Troy Davis". Washington Peace Center. 2008-10-18. Retrieved 2008-12-08.
  5. ^ "Troy Davis Set to be Executed Tuesday Despite Evidence of Innocence". Innocence Project. 2008-09-22. Retrieved 2008-12-08.
  6. ^ "Former U.S. President Jimmy Carter Calls for Clemency for Troy Davis" (Press release). Carter Center. 2008-09-19. Retrieved 2008-12-08. {{cite press release}}: Check date values in: |date= (help)
  7. ^ a b c "Shrapton Seeks Clemency for Troy Anthony Davis". Atlanta Journal Constitution. 2008-09-20. Retrieved 2008-12-08.
  8. ^ "Reasonable doubt". The Economist. 2008-11-27. Retrieved 2008-12-08.
  9. ^ a b http://law.ga.gov/00/press/detail/0,2668,87670814_87670929_121231342,00.html
  10. ^ a b c "Supporters seek reprieve for death row man". Melbourne Herald Sun. 2007-07-17. Retrieved 2007-07-18.
  11. ^ a b Deirdre O'Connor (2008-10-19). "Mr. Lawton, how many witnesses have to recant..." Savannah Now. Retrieved 2008-11-15.
  12. ^ [1] Amnesty USA, Where is the justice for me? The case of Troy Davis, facing execution in Georgia. Retrieved 10 September 2008
  13. ^ Davis v. State (of Georgia), 263 Ga. 5, Feb. 26, 1993
  14. ^ a b "Brief of Former Judges and Law Professors In Support of Petitioner's Application for Permission to File A Second Petition for Writ of Habeas Corpus". Amicus Curiae Brief: 4–5. November 2008.
  15. ^ Whoriskey, Peter (2007-07-16). "Execution Of Ga. Man Near Despite Recantations: Some Witnesses Now Say He Is Innocent". Washington Post. Retrieved 2007-07-23.
  16. ^ {{cite web |title=Davis v. State, 283 Ga. 438, Georgia Supreme Court, March 17, 2008 |url=http://www.gasupreme.us/pdf/s07a1758.pdf
  17. ^ Davis v. State, 283 Ga. 438, Georgia Supreme Court, March 17, 2008
  18. ^ a b Lewis, John (2007-07-16). "Rep. Lewis' statement at Davis hearing". Atlanta Journal Constitution. Retrieved 2007-07-18.
  19. ^ Carrier, Fanny (2007-07-17). "US inmate's execution on hold". AFP / The Sunday Times. Retrieved 2007-07-18.
  20. ^ Eckenrode, Vicky (2007-07-21). "Pope makes plea to spare life of Troy Davis". Savannah Morning News. Retrieved 2007-07-21.
  21. ^ Skutch, Jan (2007-07-17). "Davis wins 90-day stay of execution". Savannah Morning News. Retrieved 2007-07-17.
  22. ^ Lowe, Brendan (2007-07-16). "Stay of Execution for Georgia Man". Time Magazine. Retrieved 2007-07-23. {{cite web}}: Unknown parameter |coauthors= ignored (|author= suggested) (help)
  23. ^ Skutch, Jan (2007-08-07). "Parole board bows out of Davis clemency bid". Savannah Morning News. Retrieved 2007-08-24.
  24. ^ "Take Action Online AIUSA 2007". Retrieved 2008-03-17.
  25. ^ Jimmy Carter Urges Georgia to Stay Execution of Troy Davis
  26. ^ "Barr, Carter both seek clemency for Troy Davis". WTVM. 2008-09-19. Retrieved 2008-09-19. {{cite web}}: Unknown parameter |coauthors= ignored (|author= suggested) (help)
  27. ^ Scott, Jeffry (2008-09-21). "Sharpton seeks clemency for Troy Anthony Davis". Atlanta Journal Constitution. Retrieved 2008-09-21. {{cite web}}: Unknown parameter |coauthors= ignored (|author= suggested) (help)
  28. ^ Clemency Denied For Troy Davis from WSBTV.com. Retrieved on 2008-09-13.
  29. ^ "THE PAROLE BOARD'S CONSIDERATION OF THE TROY ANTHONY DAVIS CASE". Retrieved 2008-09-25.
  30. ^ Weiner, Robert (2008-09-22). "Stay Georgia's Tuesday 7PM Execution of Troy Davis to Allow Critical Witness Interview Says Attorney Carol Gray, Who Assisted Defense Team". MarketWatch. Retrieved 2008-09-22. {{cite web}}: Unknown parameter |coauthors= ignored (|author= suggested) (help)
  31. ^ http://www.amnestyusa.org/death-penalty/troy-davis-finality-over-fairness/page.do?id=1011343&n1=3&n2=28&n3=1412
  32. ^ http://www.nytimes.com/2008/09/20/opinion/20herbert.html?_r=1&oref=slogin
  33. ^ http://www.guardian.co.uk/world/feedarticle/7821188
  34. ^ http://www.eurweb.com/story/eur47859.cfm
  35. ^ "Lawyers launch new appeals effort". 2008-23-08. Retrieved 2008-12-08. {{cite web}}: Check date values in: |date= (help)
  36. ^ http://www.cnn.com/2008/CRIME/10/24/troy.davis.stay.execution/index.html
  37. ^ http://www.ajc.com/services/content/metro/stories/2008/11/19/troy_davis_appeal.html?cxtype=rss&cxsvc=7&cxcat=13
Retrieved from "https://en.wikipedia.org/w/index.php?title=Troy_Davis&oldid=256777379"