DMI Blog

Ezekiel Edwards

Executing the Innocent?

The state of Georgia plans to execute Troy Davis on October 14, 2007. And he might be innocent.

If you doubt that an innocent man can end up on death row, bear in mind that 15 death row inmates have been exonerated through DNA testing, while another 71 were freed after the discovery of other new evidence of innocence.

Since his conviction sixteen years ago, the evidence against Mr. Davis has crumbled, rendering his claims of innocence increasingly plausible. And yet, last week, he came within 24 hours of his death before the Georgia Board of Pardons and Paroles stayed his execution for 90 days in order to "evaluate and analyze" evidence that Mr. Davis may not be guilty.

Putting aside, for now, the larger issue of the death penalty, our system of justice should not, under any circumstance, permit an execution amid the serious questions of culpability that exist in Mr. Davis's case.

In 1991, Troy Davis was convicted of shooting and killing 27-year-old Officer Mark Allen MacPhail in a parking lot in Savannah, Georgia in 1989 while Officer MacPhail attempted to protect a homeless man, Larry Young, from being assaulted (an assault for which Davis was also convicted). At trial, Troy Davis admitted that he had been at the scene of the shooting, but claimed he had neither assaulted Larry Young nor shot Officer MacPhail. The case against Mr. Davis rested entirely on eyewitness testimony, as there was no scientific or physical evidence connecting Davis to the shooting (i.e., there was no DNA and the weapon was never found).

Although there were nine eyewitnesses at trial who pointed to Mr. Davis, in the intervening years since the trial, six of the witnesses have signed affidavits recanting their testimony, a seventh has contradicted it, an eighth refuses to cooperate in any way, and the ninth witness, Sylvester Coles, was the principle alternative suspect, and has been implicated by others as the actual shooter.

Of the recanting witnesses, one said he testified against Davis at a pretrial hearing but not at trial so as not to repeat his false testimony, one said he blamed Mr. Davis to settle a score, another because she was on parole and feared being sent back to prison, another signed a statement but was illiterate and was never certain who the shooter was, and three others said they pointed to Mr. Davis under police pressure, including a 16-year-old who was threatened and fed lines by the police at the police precinct to implicate Mr. Davis and Mr. Young, the homeless man who was attacked, who said the police pressured and threatened him when, in fact, he could not remember people's appearances from the incident.

Although the eyewitnesses in Troy Davis's case were coerced by the police or lied, it should be noted that mistaken eyewitness identification is repeatedly responsible for sending innocent people to prison. Over 75% of wrongful convictions proven by DNA testing, for example, were caused entirely or in part by mistaken identification, sometimes by multiple witnesses.

Despite this wealth of new and changed information in Mr. Davis's case, because of an ever-more-stringent appellate process in this country which increases the obstacles for prisoners to present newly-discovered evidence (embedded in the Antiterrorism and Effective Death Penalty Act (AEDPA), part of Newt Gingrich's Contract with America), Troy Davis has never had a court hearing on the current state of the witness testimony and yet has exhausted all of his legal appeals. The final blow came in June 2007 when the U.S. Supreme Court refused to hear his case.

So now Mr. Davis's life rests entirely in the hands of the Board of Pardons and Paroles.

As Georgia Representative John Lewis stated before the Board at Mr. Davis's clemency hearing earlier this month, "A man who may well be innocent may die tomorrow --- all because of ... technicalities. This is much more than frustrating; it is tragic. It is unjust. ... If executing Troy Davis on the evidence we now have is the best our justice system can do, then that system is not worthy of the word justice."

Many other people have spoken out on behalf of Mr. Davis, including Pope Benedict XVI and Archbishop Desmond Tutu.

It would be a travesty if Georgia killed Mr. Davis in light of the numerous doubts that have been raised about his guilt. Moreover, although it may well be that freedom is what Mr. Davis deserves, his supporters are not requesting his release, but rather that his sentence be commuted to life without parole. In a country that seems to enjoy the role of protagonist on the world stage when the show is about imprisoning and executing people, Mr. Davis's predicament is dire. However, the Board of Pardons and Paroles stated that it "will not allow an execution to proceed ... unless and until its members are convinced that there is no doubt as to the guilt of the accused." Due to the perseverance and courage of his supporters (see below), and the compelling evidence it has and will present to the Board, hope remains.

To learn more about Mr. Davis's case or get involved, see Emory Law School's efforts to help (initiated by its Indigent Defense Clinic), send a letter through Amnesty International , visit the National Coalition to Abolish the Death Penalty, or contact the Georgia Board of Pardons and Paroles directly via fax at 404-651-8502, e-mail at Clemency_Information@pap.state.ga.us, phone at (404) 657-9350, or mail at:

State Board of Pardons and Paroles
2 Martin Luther King, Jr. Drive, SE
Suite 458, Balcony Level, East Tower
Atlanta, Georgia 30334-4909

Ezekiel Edwards: Author Bio | Other Posts
Posted at 7:00 AM, Jul 24, 2007 in Criminal Justice | Government Accountability | Prisons
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Comments

Thank you for posting this! I've known Troy's sister Martina for years and am so thankful to see people keep the pressure up on this case. Please let me know if there's anything I can do.

Posted by: Virginia Simmons | July 24, 2007 12:55 PM

It happens all too often, and in many if not most cases, DNA is no help.

Most prosecutors are responsible and follow the law. But too many do not, and the wrongful conviction of innocent defendants, sometimes by prosecutors who bend the law (often by hiding evidence)to gain those convictions, is a plague on the American criminal justice system.

There is significant documentation of such improper convictions, in a series by Maurice Possley in the Chicago Tribune, in a study by Columbia Law School, in the book "In Spite of Innocence," and in the marvelous work of Barry Scheck and his colleagues in the Innocence Project.

Too many prosecutors abuse their power, and they almost always get away with it. They almost always fiercely resist any objective review of their performance. And, even if a conviction is overturned and the judge specifically says there was “prosecutorial abuse,” they are rarely censured and never punished (Prosecutor Nifong being the huge and encouraging exception).

My second novel, “A Good Conviction,” tells the story of a young man wrongfully convicted in a high profile Central Park murder, brought about by a prosecutor who knew the defendant was actually innocent and hid the exculpatory evidence that would have led to a not guilty verdict.

Several prosecutors and criminal appeals attorneys helped me with the legal aspects of a Brady appeal in New York State, and all of them agreed that what I portrayed in my story was both realistic and all too possible.

Steve Cohen, the former federal prosecutor who was so instrumental in the infamous Palladium case (he’s now Chief of Staff to Attorney General Cuomo), read my book and told me at dinner that it was the most powerful case against bad prosecutors that he had ever read, more compelling even than John Grisham's "The Innocent Man."

Dan Slepian, network producer of many crime and legal news shows, says … “Having spent countless hours working with detectives, courts, attorneys, and wrongly convicted inmates I was most impressed with how well researched and accurate your narrative was. You really nailed it. In addition, it was a great read.”

Judge (ret.) Leslie Crocker Snyder, former Manhattan Assistant District Attorney, first sex crimes prosecutor in the U.S., says … “A Good Conviction is a well written, well paced, and fascinating tale of prosecutorial abuse in the Manhattan DA's office. Makes one wonder how many other times something like this has occurred and just how high the abuse is actually sanctioned.”

Michael Radelet, one of the authors of In Spite of Innocence, a study of over 400 cases of persons wrongly convicted of crimes carrying the death penalty says … “A Good Conviction is an unusually gripping story of an erroneous conviction and the passionate fight to correct that injustice. Weinstein's account of what a bad prosecutor does to Joshua Blake provides a frightening and realistic parallel to many of the true life cases we documented in our study.”

You can find "A Good Conviction" at amazon.com ...

http://www.amazon.com/Good-Conviction-Lewis-M-Weinstein/dp/1595941622/ref=sr_1_1/103-7341421-1865416?ie=UTF8&s=books&qid=1180587686&sr=8-1

I'd be curious as to your opinion of whether a novel based on truth can be effective in drawing attention to prosecutors who abuse their power.

LEW WEINSTEIN

Posted by: Lew Weinstein | July 26, 2007 04:51 AM

Thank you for exposing Troy's case. I hope that people open their heart and mind and help Troy. It's a shame if the state of Georgia execute this man, who has no physical evidences against him.

Posted by: Stela V. | July 27, 2007 12:43 PM

I cannot believe in this day and age there is a possibility that an innocent man will be "legally murdered" by the state of Georgia, it is too unbearable to even think about, there is no physical evidence in this case at all and eyewitness statements are not 100% reliable as Troys case now proves! I hope and pray the Board of Pardons & Paroles makes the right decision and isnt influenced by other parties using public emotional blackmail! Troy deserves to have his life back now and his family need Troy back home too..... FREE TROY DAVIS

Posted by: sue | July 27, 2007 01:18 PM

Reading alot of information on Troy Davis, even myself who has no real knowledge of the USA justice system, and even i can see that Troy is innocent, I just hope and pray that Troy will be set free, how can they execute A man where there was no physical evidence against him, witnesses retracting statements how on earth can Georgia state execute this Man, IM PRAYING FOR TROY TO BE RELEASED.

Posted by: Sandie | July 27, 2007 02:14 PM

This is another racist case,and another railroading. The Georgia pardons and paroles, as well as the Governor of Georgia know this, and thats why he was granted a 90 day stay. Now they need to let him go.

Posted by: Dee Hawk | July 27, 2007 03:46 PM

Thank you for this very good posting. The capital punishment situation in Georgia is rarely discussed in the media and it's about time something be done about it. Troy Davis' case is a prime example of jutice gone wrong, not merelly because human justice will always be fallible, hence no society should entertain the idea of capital punishment, but because American justice is primarily about politics. That politicans try to use justice for their purposes and propaganda is nothing new, however what is so scandalous about it is to see so few Americans concerned by the problem when human lives are at stake. Indifference is a key factor and it is THE outrageous element in the USA. Most people believe what they read (or don't read) and the brainwashing process works well apparently. The culture of vengeance and punishment is so deeply rooted in the Southern states that most people believe that if someone is behind bars he/she surely has done something wrong. Nope. That's not the way it works in those ignorant states. How can one ignore or accept D.A.'s, Judges and Sheriffs running their electoral campaigns on the number of death sentences they secured? Since when did the principle of justice was allowed to rely specifically on results and immediacy rather than the truth? Well, since the people stopped caring because their view is that of many who think it could not happen to them. These people need to think again! How many prisoners currently on death row in the US had no prior records? Many. Did their family imagine for one second it could happen to their loved ones? No, in fact those families never reflected on capital punishment before in their lives. The death penalty is used over and over for political reasons, the wrong reasons as if human lives were expandable. Until the people who vote and truly believe in justice voice their concern, talk to their representatives and senator, this will continue for a long time to come. It is nothing else than a social genocide and it is outrageous. To stand behind a case like this one and demand the truth could affect not only this one life but many others on death row. The legal precedents are essential. Let's break this machinery of death, one case after another and this world will be a better place. GET INVOLVED!

Posted by: Sandrine Ageorges | July 27, 2007 04:17 PM

Troy Davis is INNOCENT he need to be FREE.... PLEASE PRAY FOR HIM... AN GOD BLESS

Posted by: Ebony | July 27, 2007 08:54 PM

Please you can't execute an innocent person, we need the media to get involve in this case to the public and to the world, don't let another innocent man kill by the State, you have all the testimony that he did not kill The Police officer! This is not justice this will be a crime commited by the State of Georgia. Why execute an innocent person? There is not reason to put this innocent person to die. My heart goes to the family of the victim in this case but killing Troy Davis will not resolve this crime because he innocent. Please you need to consider all the new evidence and all the new testimony of the people involved in this case.Is true there is a lot of guilty inmates on death row but at the same time a lot of innocent people there too. Some time the justice is blind , but in this case of Troy the justice needs to see the truth. PLease do not kill another innocent person, he do not deserve to die for a crime he did not commit. In The name of Jesus I ask for a full review on this case. An in the name of Troy Davis and his family they are victims too, the suffering of the family is too hard to decribe.

Posted by: Angel In Heaven | July 27, 2007 09:02 PM

Troy is innocent, everyone knows this, so it's about time that Troy is released and he can go back to his family and loved ones.

Posted by: Nadin Simbula | July 28, 2007 05:30 AM

The Nifong case isn't an encouraging exception at all. Nifong was stupid enough to railroad people who could pay for competent counsel; consequently, he got burned. If instead he'd found poor black people to pin the case on, as countless overzealous DAs do, the defendants would've been assigned low-quality PDs who'd have told them to plead guilty. Although public scrutiny, which can apply to any case, was important in the Duke case, it only came about because the defense made it known the DA was a loose cannon to generate public interest.

Posted by: Alon Levy | July 28, 2007 07:05 AM

I have been following Troy's case for some time now. I believe a new trail should be set, and Troy should be free. Why should he still have to do life for a crime he never committed? Keep your letters coming in, the more involved the further this will go. Troy is innocent! Free this MAN!! 16 years in prison and almost executed - Give him back what wass taken from him... HIS LIFE!!! FREE TROY!

Posted by: Cami B | July 28, 2007 10:26 AM

TROY IS IN FACT INNOCENT.THE SOUTH HAS BEEN KNOWN TO BE EXTREMEMLY HARSH THEY JUST WANNA CLAIM THEIR VICTORY OF PUTTING TO DEATH A MAN WHOS BLACK BECAUSE THE COP WAS WHITE.IM SORRY BUT THATS ALL I SEE.FREE TROY DAVIS.LET THE TRUTH PREVAIL.OR IS THE STATE OF GEORGIA AFRAID TO SPEND MORE MONEY TO CAPTURE THE REAL KILLER AND PUT HIM TO DEATH.TROTS INNOCENT FREE HIM BUT THROUGH THE GRACE OF GOD....

Posted by: SHARON DOUCHETTE | July 28, 2007 10:58 AM

another big racist swinddle...
we can't stand these injustices any more... anymore... enough all these dirty mockeries of Justice, sacrifising lifes of innocents, THROW THEM AWAY IN HELL, for their sadic shows... legal lynchages, approved by justice... Never more... never more... please.
How, why all these insane lies and madnesses still rule justice?


TROY IS INNOCENT, AND WE ALL KNOW ... the judges know it too...

Posted by: karelle | July 28, 2007 04:27 PM

Free Troy Davis!!!

Posted by: denise | July 28, 2007 04:44 PM

I think to find other new evidence of innocence will helpful.

Posted by: cecilia | August 1, 2007 03:59 AM

Here,in Berlin,Germany,it stands in big letters on a wall.....

INNOCENCE HAS A NAME - TROY A DAVIS!

S.Schnitzer

Posted by: sebastian schnitzer | August 5, 2007 11:37 PM