The Supreme Court isn't to blame for Tray Davis

[dsc]

His case is a textbook example of why we shouldn't have a death penalty. But that said, we do have one. It is very hard to envision a system where federal appellate courts can become amature Perry Masons without chaos reigning. Cases like Mr. Davis are why we have governor clemency powers and why we have pardon boards. Those, and the original jury for that matter, are who need to be blamed here. I have no clue if he did it or not and that is a huge problem. 7 out of 9 witnesses recanting plus no physical evidence certainly gives just about anyone pause. But what consistent standard should appellate courts apply? Half the witnesses recanting, 2/3 of the witnesses recanting? No physical evidence? Inconsistent physical evidence? My state has done something right here. We have an innocence commission which looks into these cases. We have released a handful of people who have been imprisoned for years for crimes they didn't commit. Can't do that when the person is dead. But to expect the federal judiciary to bail states out in this regard is unfair. It isn't their job.

[MadHound]

1. The Supreme Court had two shots at correcting the wrong,

They failed to act. There is blood on their hands.

[teddy51]

2. Agree! n/t

[ProgressiveProfessor]

6. What about the Federal judge at the evidentary hearing?

He issued a 172 page order explaining why the witnesses recanting was “smoke and mirrors.”

[MadHound]

8. That still wouldn't preclude the SC from issuing a stay,

Seriously, you don't think there shouldn't have been another trial after how much the case unraveled? Seven witnesses recanting testimony isn't smoke and mirrors, despite what that Federal judge ruled.

[ProgressiveProfessor]

15. I was following the "blood on their hands" comment earlier

Did that judge also have blood on his hands in your eyes as well?

[Bryn]

3. My jaws dropped when I read about Arkansas Governor Rockefeller

He was a Republican yet he was against the death penalty so he overturned death sentences for prisoners on death row when he became a governor. He also helped to improve the prison system which was very bad under democrats! He was a buyer of pottery stuff made by a gay man, even helped him to start his own business. Very liberal, indeed! I just watched a story about him on PSB a few nights ago.

[dsc]

5. He sounded like a pretty good Governor

[Bryn]

13. Yes, he was. If Governor of GA was anything like Win Rockefeller was

Travis would still be alive, not be put to death.

[connecticut yankee]

11. All the Rockefellers

were "moderate" Republicans. They'd probably be called "Commies" by today's teabaggers.

[MrMickeysMom]

4. It is WRONG for the state to murder as revenge in capital crimes....

And that is why we must evolve with some of the US, who has banished the death penalty.

The SCOTUS is just as much to blame for Troy Davis's murder as the rotten flesh eating protoplasm in Georgia. Damn them to eternal regret and blood in their tears for the rest of their days.

[Nye Bevan]

7. They knew there was more than reasonable doubt.

They could have stopped the execution, and chose not to. That's evil. I'm not interested in legal niceties.

[loyalsister]

9. I think the blame falls on the shoulders of the original attorney

And more specifically the difference in available representation.
Seems like a good defense atty would have been able to discredit at least some of those witnesses.
It would never have gotten by OJ's defense team.

[connecticut yankee]

10. OJ had enough money

to pay his attorneys very well. Troy Davis had to rely on a court-appointed attorney.

[loyalsister]

14. Yep

We would not be having this discussion if Troy Davis had been able to pay for a top notch attorney.

[Kennah]

12. We all share blame in not pressing for a Constitutional Amendment to prohibit Capital Punishment