hey, read this and THEN tell me you don't care about Troy Davis

nofurylike

(1000+ posts) Send PM | Profile | Ignore

Fri May-15-09 09:22 PM
Original message

hey, read this and THEN tell me you don't care about Troy Davis

The courts are setting it up to use Troy's case to establish that executing someone despite their having "a strong case for innocence" is constitutional.

*Troy Davis' current stay of execution runs out tonight, Friday.

Judge Rosemary Barkett (11th Circuit Court, re: April, 2009 decision to deny appeal) dissented: (For the state of Georgia) "To execute (Troy) Davis, in the face of a significant amount of proferred evidence that may establish his actual innocence, is unconscionable and unconstitutional," she wrote.

"Several jurors appeared before the Georgia State Board of Pardons and Paroles to say that had they heard the testimony now available, they never would have convicted Davis."

Then:
Read this entire page:

'Where is the justice for me?'
The case of Troy Davis, facing execution in Georgia

http://www.amnestyusa.org/document.php?lang=e&id=ENGAMR510232007

Introduction
Troy Anthony Davis has been on death row in Georgia for more than 15 years for the murder of a police officer he maintains he did not commit. Given that all but three of the witnesses who testified against Troy Davis at his trial have since recanted or contradicted their testimony amidst allegations that some of it had been made under police duress, there are serious and as yet unanswered questions surrounding the reliability of his conviction and the state's conduct in obtaining it. As the case currently stands, the government's pursuit of the death penalty contravenes international safeguards which prohibit the execution of anyone whose guilt is not based on "clear and convincing evidence leaving no room for an alternative explanation of the facts".(2)

-snip-

The case of Troy Davis is a reminder of the legal hurdles that death row inmates must overcome in the USA in order to obtain remedies in the appeal courts. In this regard, Amnesty International fears that Troy Davis' avenues for judicial relief have been all but closed off. In particular, he is caught in a trap set by US Congress a decade ago when it withdrew funding from post-conviction defender organizations in 1995 and passed the Anti-terrorism and Effective Death Penalty Act in 1996.

This report outlines the case of Troy Davis. Executive clemency will be his last hope if the courts prove unwilling or unable to provide a meaningful remedy. Time is running out.

-snip-

***

(note: much more has happened since that report. now 9 witnesses have come forward declaring that the other suspect committed the crime, among other things. also, it is no longer being recommended that we appeal to the state board - as suggested in that article - but rather to the governor, asking he show leadership and guidance in the board's decision on Troy's case.)

***

Then this:

The 132nd Death Row Exoneree: Implications for the Troy Davis Case
By Diann Rust-Tierney
Executive Director of the National Coalition to Abolish the Death Penalty
May 14, 2009

http://www.huffingtonpost.com/diann-rusttierney/the-132nd-death-row-exone_b_203741.html

-snip-

Davis, like House and Herrera, has been fighting for years for a new trial through which to prove his innocence. Last month the 11th Circuit Court of Appeals rejected that effort, saying that the affidavits from the witnesses who recanted were introduced "too late" in the process. In her dissenting opinion, Circuit Court Judge Rosemary Barkett wrote, "To execute Davis, in the face of a significant amount of proffered evidence that may establish his actual innocence, is unconscionable and unconstitutional."

-snip-

The Troy Anthony Davis case presents another test for the system. We must be as determined as the lawyers and other advocates who worked tirelessly to save the life of Paul House to prevent the execution of Troy Anthony Davis. While it should not be true -- it is -- it will take an extraordinary effort to prevent a miscarriage of justice here.

The Paul House case is a chilling reminder of just how often the system makes mistakes.

It should strengthen our resolve in the Davis case.

(A Global Day of Action in support of Davis has been organized by Amnesty International USA for May 19th. For more information on scheduled events of that day, and what can be done to obtain clemency for Davis, visit http://www.aiusa.org./troydavis.)

***

then, if you decide you DO care, please go to this thread and see what you can do:

Actions in Every State + Around the World Tuesday!! Troy Davis!!

http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=106x33394

and please, please show up.

thank you.
peace.