I expected too much that Bush might pardon or commute the sentence of Troy Davis while he wiped the last few slates that he could clean; afterall, executions are practically a state pasttime for Texans.
In 1991, a Georgia jury convicted Troy Davis on the 1989 shooting of an off-duty police officer, and Davis was subsequently sentenced to death, despite a lack of physical evidence (for instance, the murder weapon). Nine witnesses testified against Davis, including Sylvester Coles, who had also been a suspect. Despite a number of questions raised about police procedure, the prosecution’s tactics and the sentencing hearing, Davis’s representatives could not earn him a retrial.
To date, Davis maintains his innocence.
By 2001, 7 of the 9 witness that placed Davis at the crime scene had recanted their testimony. These witnesses reported being pressured and threatened by the police during the investigation to ensure Davis was convicted. Coles is one of two witnesses who maintain their testimony, though another witness has stepped forward to say he saw Coles dispose of a gun (of the caliber used to kill the officer) in the days following the shooting in 1989. In fact nine witnesses have stepped forward to identify Cole as the shooter.
Over the years, lawyers working on his defense have uncovered considerable evidence that points to his innocence (shoddy police work, no physical evidence, the recanting of the testimony of most trial witnesses, new witnesses that identify a different shooter); Davis continues to be denied a new trial. He has been sentenced to death 3 times; each time a stay of execution has been granted, typically within days of his death.
Last year the Supreme Court turned down the his appeal with no explanation. The George Board of Pardon and Paroles refuses to offer clemency in his case.
In October, the latest stay of execution was granted while his defense team files new arguments for retrial. On December 9th, one hour of arguments were presented to the 11th Circuit Court of Appeals in the hopes of being granted permission to revisit the case and the testimony of the recanted witnesses in court. The panel’s ruling is expected shortly.
You can join Amnesty International in asking Governor Purdue to commute his sentence to ensure Davis is not put to death before his defense can finally prove his innocence in a court.
It seems that if you’re going to put a man to death, there should be not a single iota of doubt remaining. In Davis’s case, it’s more like a heavy fog of doubt, with no chance of clear skies forecasted.
January 20, 2009 at 5:29 am |
That is awful. I support the death penalty but there should be no doubt by all parties of guilt. Perhaps the suspect must admit guilt in order to get it. I hope he’s granted a retrial, guilty or not, he deserves another trial.