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  1. #1
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    GA - Troy Davis fails to prove his innocence to Supreme Court

    This case is eye opening and a must read for those who are both proponents of the death penalty and against the death penalty, IMO.

    http://news.yahoo.com/s/afp/20100824...executiondavis

    Mr. Davis was convicted in 1989 of shooting to death a GA police officer. Since that time, 7 of the 9 witnesses against him have recanted their testimony by stating they were coerced by police to place Davis at the scene of the shooting. There was no physical evidence that placed him at the scene.

    snip
    Even if Davis had proved his innocence, the law was unresolved on whether that would have saved him from the death penalty if his original prosecution did not violate constitutional fair trial standards.
    snip

    Come again??
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  2. #2
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    Quote Originally Posted by believe09 View Post
    This case is eye opening and a must read for those who are both proponents of the death penalty and against the death penalty, IMO.

    http://news.yahoo.com/s/afp/20100824...executiondavis

    Mr. Davis was convicted in 1989 of shooting to death a GA police officer. Since that time, 7 of the 9 witnesses against him have recanted their testimony by stating they were coerced by police to place Davis at the scene of the shooting. There was no physical evidence that placed him at the scene.

    snip
    Even if Davis had proved his innocence, the law was unresolved on whether that would have saved him from the death penalty if his original prosecution did not violate constitutional fair trial standards.
    snip

    Come again??

    "The court concludes that while executing an innocent person would violate the United States constitution, Mr. Davis has failed to prove his innocence," a judge on the court in Savannah wrote.

    This case is disgusting on many levels, starting with police officers who would coerce false witnesses to accuse someone of murder, but you know what really burns me up?

    That statement I quoted from the article has me sitting here with a dropped jaw and a bruised sense of belief in our justice system. If a judge on the Georgia Supreme Court is stupid enough to believe that someone must prove their innocence rather than the state prove guilt, we are in a bad, bad spot. It is a constitutional right to be assumed innocent until proven guilty. This man's problem was that he was found guilty due to the lies of nine men, and the GSC should have overturned the verdict because if the witnesses lied, then he was hardly "proven guilty."

    I don't know if this man is innocent or guilty, but I do know there were serious problems with the prosecution of the case, and JUSTICE deserves better than this.

    It is cases like this that have forced me to come to the knowledge that our justice system is way too flawed to be trusted with the right to inflict the death penalty.

  3. #3
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    Troy Davis case

    [ame]http://en.wikipedia.org/wiki/Troy_Anthony_Davis[/ame]
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  4. #4
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    http://www.cnn.com/2010/CRIME/08/24/...th.row.denial/

    "Mr. Davis vastly overstates the value of his evidence of innocence. ... Some of the evidence is not credible and would be disregarded by a reasonable juror. ... Other evidence that Mr. Davis brought forward is too general to provide anything more than smoke and mirrors," the court found.

    Outrageous!

    Davis can still appeal to the 11th Circuit U.S. Court of Appeals, and if that fails, to the Supreme Court again.

    The Innocence Project (Scheck, Neufeld, et al) has been tracking this case and providing updates.

    http://www.innocenceproject.org/news/Blog.php

  5. #5
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    Quote from Yahoo article.

    "Even if Davis had proved his innocence, the law was unresolved on whether that would have saved him from the death penalty if his original prosecution did not violate constitutional fair trial standards."

    How could the original prosecution NOT violate fair trial standards. The witnesses lied. They have said they lied. And, EVEN IF DAVIS HAD PROVED HIS INNOCENCE< WTF is that? If he had proved his innocence, he would have won the appeal!! It would have had to save him from the death penalty! Right?!?!?!?
    Why do so many appeals just seem to be about who can cover their butt the most, not about the lives they are trying to take?
    I am so literally sick of LE and Prosecutors who cannot admit they made a mistake.
    This makes me want to cry.

  6. #6
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    Why is it ok for the DA to suggest that the witness' recantations were coerced, but of course the original statements were not coerced? We have all seen too many times where witnesses are threatened with charges if they do not cooperate.
    Mr. Davis' attorneys seem to have been negligent in the first trial and also in the hearing on the appeal.
    jmo

  7. #7
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    Where do we live again? It amazes me that people who are found innocent through DNA testing, or recanting witness testimony are still behind bars.

  8. #8
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    belimom is offline Our lives begin to end the day we become silent about things that matter ~MLK Jr
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    The latest... Very troublesome.
    U.S. Supreme Court rejects appeal from Georgia death row inmate

    Washington (CNN) -- The U.S. Supreme Court has rejected a condemned Georgia inmate's request that his execution be delayed as he attempts to prove his "actual innocence."

    http://www.cnn.com/2011/CRIME/03/28/...ex.html?hpt=T1
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  9. #9
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    Quote Originally Posted by believe09 View Post
    ...snip
    Even if Davis had proved his innocence, the law was unresolved on whether that would have saved him from the death penalty if his original prosecution did not violate constitutional fair trial standards.
    snip

    Come again??
    Our lovely Supreme Court has made at least one ruling that seems to say it is constitutional to execute the innocent unless they can prove their trial was flawed. (I know, I know: one would think that the fact that they are innocent would be proof of a flawed trial, but that's not what SCOTUS ruled in the past.)

    ETA: For what it's worth, the appellate judge in Davis' case did NOT read the law that way. He wrote that IF Davis had proved his innocence, he could NOT be executed, BUT he ruled that Davis had failed to do so.

  10. #10
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    I think there should never be convictions based on eyewitness testimony alone. They are much too flawed, and the majority of overturned cases (those now proven innocent by DNA evidence after years in prison) were mostly convicted on eyewitness testimony alone.


  11. #11
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    Quote Originally Posted by reportertype View Post
    I think there should never be convictions based on eyewitness testimony alone. They are much too flawed, and the majority of overturned cases (those now proven innocent by DNA evidence after years in prison) were mostly convicted on eyewitness testimony alone.
    I could not agree more. Even in the cases of confessions, far too many turn out to be coerced. I think the prosecutor should have to provide circumstantial evidence to back up any confessions or eyewitness testimony.

    As for the death penalty, however, I have always opposed it on ethnical grounds. But at this point, it is obvious our system is too error-prone to be trusted to deal out the "ultimate" punishment. Ever.

  12. #12
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    I hope something is done before it's too late!

    http://www.ajc.com/news/atlanta/paro...h-1181870.html

    Davis is scheduled to be put to death by lethal injection at the state prison in Jackson on Wednesday at 7 p.m. He recently declined to request a special last meal, the Department of Corrections said. Instead, he will be offered the prison's meal tray, consisting of grilled cheeseburgers, oven-browned potatoes, baked beans, coleslaw, cookies and a grape drink.
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  13. #13
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    Troy's sister has a petition at change.org if anyone is interested in signing.

    I did.

    Another way to help:

    Take action today to call on Georgia officials to stop the execution so evidence of Davis’ innocence can be reviewed.

  14. #14
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    So this is the third time he has been within hours of execution? That is extremely cruel.
    I understand that this is hard on the victim's family. It is hard on all involved. I just wish they would even entertain the thought that maybe Davis is innocent of this murder. How can they be so sure after all of the eyewitness accounts that are being taken back? Do they really want an innocent man executed? And, what about the other man that some think did it? Is it OK for him to be walking free? This case is screwed up.
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  15. #15
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    Quote Originally Posted by ohiogirl View Post
    So this is the third time he has been within hours of execution? That is extremely cruel.
    I understand that this is hard on the victim's family. It is hard on all involved. I just wish they would even entertain the thought that maybe Davis is innocent of this murder. How can they be so sure after all of the eyewitness accounts that are being taken back? Do they really want an innocent man executed? And, what about the other man that some think did it? Is it OK for him to be walking free? This case is screwed up.
    Most likely because LE is (re)assuring them that they got the right man. Shame on them... JMO

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