GA - Troy Davis fails to prove his innocence to Supreme Court

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Cappuccino said:
You could well be right, probably are right. However...execution is pretty irreversible, and I'm uncomfortable with those pressurised witnesses. Cops are only human, if one of their colleagues is killed in cold blood they will obviously do everything humanly possible to get the killer. If they were willing to pressurise witnesses into false testimony, what else did they do with other evidence?

He probably is guilty, but personally speaking, I wouldn't be sure enough to stick the lethal injection in.
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I have no doubt that the overwhelming majority of cases of coerced testimony/false confessions involve cops who are certain they have the guilty person in custody and are just "helping" make a just case.

Actually framing innocent persons must happen on occasion, but that's mostly the stuff of detective novels and TV shows.

So saying that the cops "meant well" isn't really a defense of police misconduct.
 
That's very true, Nova. Like I said, the cops are only human, so if they have a really strong gut feeling that person is guilty - well, they could be wrong. And if they start cutting corners and pressurising witnesses in accordance with their gut feelings....well, I don't want the person they have a gut feeling about to be executed.
 
against criminals and how good they are treated by the MSM etc. It doesn't appear to fairly evaluate the evidence in the case. Once I read the following I concluded this was a site advocaitng guilt of basically anyone criminally convicted or perhaps even accused:

Second , they claim that seven of nine witnesses have recanted their trial testimony. This is not believable.

To be sure, they’ve produced affidavits; a few handwritten and apparently voluntarily and spontaneous, except for concluding with “further the affiant sayeth not.” Who wrote that stuff? The lawyers, perhaps?
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Everything I've read says seven recanted. What is nto believable? These are actual people who can and have been questioned. This is not a good faith argument for guilt.

I have no clue whether he is guilty or innocent. Never followed the case but it does seem there are serious questions of innocence here that deserve to be resolved. You can always execute later but bringing them back to life is more problematic.

Also, if anyone knows of a site that has factual info about the case without spin please share.



Velouria said:
So did I, katydid. Admittedly, I'd never heard of this case until it hit the media a couple of days ago. Then UdbCrzy2's post caused me to dig a bit deeper into the facts. I found this article:

http://crimevictimsmediareport.com/?s=troy+davis

IMO, it sounds like Mr. Davis was fairly convicted.
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Boytwnmom said:
against criminals and how good they are treated by the MSM etc. It doesn't appear to fairly evaluate the evidence in the case. Once I read the following I concluded this was a site advocaitng guilt of basically anyone criminally convicted or perhaps even accused:



Everything I've read says seven recanted. What is nto believable? These are actual people who can and have been questioned. This is not a good faith argument for guilt.

I have no clue whether he is guilty or innocent. Never followed the case but it does seem there are serious questions of innocence here that deserve to be resolved. You can always execute later but bringing them back to life is more problematic.

Also, if anyone knows of a site that has factual info about the case without spin please share.
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I can't seem to find any websites that aren't spinning it one way or the other. I did find a post on a forum that was supposed to be a repost of an article from the Atlanta-Journal Constitution that has some info on the ballistics report being inaccurate, but I don't know that the article is an exact copy and paste and there are little specifics. It is the first post here, if you are interested:

http://s15.invisionfree.com/FIP/ar/t5477.htm

It's from 2007 when he was close to execution before.
 
I don't know how I missed this before! I did find some docs! They were filed by the defense team, but I would hope that they wouldn't lie to the courts, so take them for what they are worth. I have not read them all, just did a search on the ballistics report:

"However, there is no physical evidence linking Mr. Davis to Officer MacPhail’s murder;in fact, important conclusions of the state’s ballistics expert were later proven to be wrong by the Georgia Bureau of Investigation in 2007.Similarly, Respondent’s purported “blood” evidence is so shallow that Respondent did not even offer a witness (or any supporting testimony) to explain it or defend it at the evidentiary hearing. After reviewing the reports and accompanying notes, Dr. Charlotte Word, a nationally-recognized expert in forensic DNA and serological testing, foundthat “it is not possible to conclude or determine . . . that blood was present on the shorts” or “the biological source (e.g., saliva, tissue/skin/sweat, semen, blood, nasal secretions, vaginal secretions,
etc.) of the human DNA detected” or “the individual who deposited the DNA on the tested sample.”Petioner’s Exhibit 46 at 7 (emphasis in original).Indeed, there is no evidence to show that Mr. Davis was wearing the shorts recovered at his mother’s house and, even if he was, there is no dispute that Larry Young was “bleeding real heavy” in proximity to Mr. Davis.See RE 26 p. 803.
Finally, when Herrera was arrested, he was holding a letter in which he confessed to committing the crime.506 U.S. at 396. In stark contrast, it is Redd Coles that has repeatedly confessed to the murder of Officer MacPhail, as recounted to this Court by Coles’ own family members (Benjamin Gordon), his friends (Anthony Hargrove), and a casual acquaintance (Quiana Glover).Plainly, Mr. Davis has easily surpassed the hurdle that Herrera failed to clear."

...

"Those reasonable jurors now “know” the following facts: (1) most of the prosecution’s witnesses have recanted their trial testimony; (2) Redd Coles has confessed to this murder on numerous occasions; (3) new ballistics evidence shows that the only physical evidence in the case was likely deposited by third-parties present at both scenes19; and (4)
Benjamin Gordon, a relative of Redd Coles, witnessed Officer MacPhail’s murder and saw Coles murder MacPhail in cold blood.In light of these new facts, a reasonable juror would be left with nothing but doubt."

...

"The record shows that the state ballistics expert testified to the unremarkable conclusion that the bullet found in Michael Cooper’s body (RE 30, State’s Exhibit #39; RE 27, p. 1279) was probably fired from the same gun as the bullet found at the scene where Michael Cooper was shot (RE 30, State’s Exhibit #41; RE 27, p. 1272) — not the “murder scene” where MacPhail was shot.(RE 27, p. 1293).Instead,the 2007 Georgia Bureau of Investigation Ballistics Report concluded that the bullet retrieved from Michael Cooper’s body and the bullet retrieved from Officer MacPhail’s autopsy “fail[] to reveal sufficient characteristics to determine that the bullets … were fired from the same firearm.”

http://www.scribd.com/doc/34042982/Troy-Davis-Petitioner-s-Brief

There are more documents at that link under "Related Documents" I have not gone through them yet. I have some school work to do and then I will get back to it.
 
More Docs:

"Here, the A.G. responds to Davis' arguments by suggesting that the attorneys waited too long to file this Herrera claim and that the evidence is not compelling enough to warrant further court review. The A.G. also advises the Court that even if it were to find that there is sufficient evidence of innocence, the lawyers' failure to act diligently preclude the Court from hearing Davis' evidence."

More of that procedural rules nonsense I was talking about before!

http://www.freetroydavis.com/legal documents.aspx

ETA: Parole board decision from today:

http://www.documentcloud.org/documents/250436-parole-board-decision-and-statement-in-troy.html
 
HRCODEPINK said:
More Docs:

"Here, the A.G. responds to Davis' arguments by suggesting that the attorneys waited too long to file this Herrera claim and that the evidence is not compelling enough to warrant further court review. The A.G. also advises the Court that even if it were to find that there is sufficient evidence of innocence, the lawyers' failure to act diligently preclude the Court from hearing Davis' evidence."

More of that procedural rules nonsense I was talking about before!

http://www.freetroydavis.com/legal documents.aspx

ETA: Parole board decision from today:

http://www.documentcloud.org/documents/250436-parole-board-decision-and-statement-in-troy.html
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It's only someone's life at stake... :banghead:
 
So I suppose its too late to do anything at this point, is it? He's being executed today, so its too late for a petition to do any good.

How depressing.
 
Cappuccino said:
So I suppose its too late to do anything at this point, is it? He's being executed today, so its too late for a petition to do any good.

How depressing.
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From my understanding and everything that I have read online today and in my criminal law books, there are no petitions left that he can really file. I have never known a state not to allow a governor to grant clemency, so I assume a Petition for a pardon to the governor might be able to go in, but those usually take a long time and I think he would be better off with a petition for conditional pardon to have his sentence commuted would be his best bet, but it may be too late to throw something together. My state doesn't have a board for pardons tho, so I don't know.

It is never too late to save someone who hasn't been given the drugs yet tho, so I am going to keep hoping.
 
Davis is requesting a polygraph:

http://www.boston.com/news/nation/a...rgia_inmate_wants_polygraph_before_execution/

The one and only good thing I can see coming from this execution, at this point, is that the death penalty is once again being discussed and debated in a way that I haven't seen or heard for a long time. As Davis is turned down on appeal and by the pardons board, when the district attorney is quoted as saying there is nothing he can do to stop this execution, I think more and more people are realizing that the DP is nothing more than state sanctioned murder.

What gets me is the awful inevitability of it. The officials acting as if their hands are tied, nothing can be done to stop Davis from being put to death. When really, all it takes is one person saying they won't be a party to it. Imagine what would happen, if someone refused to strap Davis down, another refused to hit the button, the governor ordered a stay (despite the fact that he "can't" by law)...

Just heartsick over this. Peace For anyone will never come from violence.
 
Just thought I'd share this from the Atlanta Journal-Constitution:

http://blogs.ajc.com/mike-luckovich/files/2011/09/mike09212011.jpg

mike09212011.jpg
 
Boytwnmom said:
against criminals and how good they are treated by the MSM etc. It doesn't appear to fairly evaluate the evidence in the case. Once I read the following I concluded this was a site advocaitng guilt of basically anyone criminally convicted or perhaps even accused:



Everything I've read says seven recanted. What is nto believable? These are actual people who can and have been questioned. This is not a good faith argument for guilt.

I have no clue whether he is guilty or innocent. Never followed the case but it does seem there are serious questions of innocence here that deserve to be resolved. You can always execute later but bringing them back to life is more problematic.

Also, if anyone knows of a site that has factual info about the case without spin please share.
Click to expand...

From what I have read, the defense attorneys did not call most of the recanting witnesses to testify to such. They submitted affidavits, but the prosecution was not permitted to question them, since they were not called.
Why didn't the defense bring them in? I wonder.
 
UdbCrzy2 said:
From what I understood about this case was that there are two eye witnesses who have NEVER recanted. The Prosecutor also has some evidence of bloody clothing found at Davis's mother's home that was not allowed as evidence into the original trial because they did not have a proper search warrant.

If he were given a new trial, those recanted witnesses would not testify, but the other two who stuck with their story would. It seems weird to me that after all this time (20 years) that they never came forward to recant. The court ruled those witnesses were not credible.

Also, the bullet casings are evidence and this guy is a career criminal and was a felon when he committed this crime.


_______________________________

Troy Anthony Davis failed to prove his innocence in the 1989 slaying of off-duty Savannah police officer Mark Allen MacPhail and will not get a new trial, a federal judge ruled today.

“Mr. Davis is not innocent,’’ U.S. District Judge William T. Moore Jr. ruled in a 172-page order.
http://savannahnow.com/troy-davis/2010-08-24/judge-troy-davis-not-innocent-macphail-murder
Begin reading at page 166 in the court's opinion
Balancing of All of the Evidence
http://multimedia.savannahnow.com/media/pdfs/DavisRuling082410.pdf

((I also thought this was interesting too. I know defense attorney's are suppose to create doubt, but these guys are over the top.))


A federal judge today rejected reconsideration of evidence for Troy Anthony Davis, ruling his lawyers did not provide the court with a “record on which the most accurate determination could be made.’’

Those lawyers were “attempting... to create an incomplete and deceptive record, perverting the purpose of the rule,’’ U.S. District Judge William T. Moore Jr. ruled in a three-page order.

“By intentionally presenting unreliable hearsay while keeping the (witness) out of court, (Davis) was seeking to prevent the court from receiving all of the evidence,’’ Moore ruled.
http://savannahnow.com/troy-davis/2010-08-12/troy-davis-bid-re-open-hearing-rejected
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It is in here. Thanks for this link, UdbCrzy2.
 
I am not a fan of the DP, I know Mr. Davis is not a saint. There is a question here, maybe a small one, but, why execute someone when you can't be sure?
 
BigBoi Big Boi of OUTKAST
We don't need a trending topic , we need boots on the ground, meet me in Jackson Georgia 40 miles outside Atlanta !!! #Troydavis
38 minutes ago

BigBoi Big Boi of OUTKAST
Call 912-652-7252 Nice women took 1st name n location. She is compiling list/vote(her words) 2 show judge #troydavis
24 minutes ago

OfficialKimora Kimora Lee Simmons H
All the evidence against Casey Anthony+she walks 4 killing her baby! Yet #TroyDavis w N0 evidence found is sched 2b #executed?! #Travesty
7 hours ago

goldietaylor goldietaylor
Casey Anthony is walking the street. Troy Davis is walking to the death chamber. Only in America.
21 hours ago

ReutersUS Reuters US News
Troy Davis wants polygraph ahead of execution reut.rs/owr92V
19 minutes ago

UncleRUSH Russell Simmons
Dear @Twitter -- is it true that you are BLOCKING all trending topics related to #TroyDavis ?
1 hour ago

WendellPierce Wendell Pierce
Call! Attorney General Eric Holder at 202-353-1555 urge him to intercede on Troy Davis rt to the world and Call rt now”
26 minutes ago

amnesty AmnestyInternational
What you can do to resist #TroyDavis execution in final hours owl.li/6AxEF #TooMuchDoubt
24 minutes ago

KimKardashian Kim Kardashian
All he wants is a polygraph test 2 prove he's innocent & the judicial system can't give that to him? Let's make #TroyDavis a trending topic!
2 hours ago

SandraBernhard Sandra Bernhard
Judge Penny Freezeman is apparently the only one that can stop the execution of #troydavis 912-652-7252 let's call her now!
54 minutes ago

SandraBernhard Sandra Bernhard
why isn't #troydavis trending? this is outrageous! @rosannecash @lizzwinstead @kathy_valentine @nancyfranklin let's make it happen ladies!
46 minutes ago

goldietaylor goldietaylor
George W. Bush, Jimmy Carter, a former FBI director and 27 prosecutors all say the #TroyDavis execution should be stopped.
2 hours ago

KimKardashian Kim Kardashian
I want to vent about the execution of Troy Davis! He is getting the death penalty tonight but I believe he is innocent!!! #TooMuchDoubt
2 hours ago

KimKardashian Kim Kardashian
Everyone google Troy Davis & read his story! NO ONE should die by lethal injection when there is this much doubt! Help save #TroyDavis
2 hours ago

kevin_powell Kevin Powell
@RollingOut "Why Are We Killing Troy Davis?" by Kevin Powell: kevinpowell.net/blog/2011/09/w…
1 hour ago

kevin_powell Kevin Powell
Last-minute push to save Troy Davis is promised:... fb.me/TjyBvBLk
1 hour ago

AP The Associated Press
BREAKING: Attorneys for Troy Davis are filing a last-minute appeal to halt his execution: apne.ws/quXKGB -EC
1 hour ago

amnesty AmnestyInternational
Juror: “If I knew then, what I know now, Troy Davis would not be on death row.” bit.ly/troyaction #TooMuchDoubt
11 hours ago

nprnews NPR News
Last-Minute Appeal For Death Row Inmate Troy Davis http://n.pr/nRmsKe
31 minutes ago Favorite Undo Retweet Reply

Links = http://twitter.com/#!/ plus account name, e.g., http://twitter.com/#!/nprnews
 
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