Amnesty Internatonal: The Humanity of Troy Davis
By Laura Kagel, Georgia Death Penalty Abolition Coordinator for Amnesty International USA
When I spoke with Troy Davis in Jackson prison in March, he talked about what he would do if the evidentiary hearing led to his release. One thing was sure, that he would add his energy to the movement to abolish the death penalty, but he also talked about how he would like to work with young people, to inspire them to lead good lives and stay out of trouble with the law. I have only spent time with this man on that one day, and a metal grate window separated us, but in his presence I had no doubts that he was someone who could have a positive impact on people’s lives.
In fact I knew that he already had. It is not just that he gave his younger sister the courage to walk again after suffering paralysis or that he has inspired his older sister to travel the world and talk herself hoarse campaigning for human rights. I keep meeting people who tell me how they heard about Troy’s case and felt moved to write to him, unsure what to expect. These people end up devoted to Troy, not because they are taking sides in a legal battle in which they have a vested interest, but because they are fascinated by the radiance and good will he projects and because he offers them true friendship.
The relationships they enter into with him, both constrained and enhanced by the old-fashioned mode of communication — letter writing — are real, and the correspondents speak of the benefits of knowing him. Troy is not someone who manipulates people outside the prison in order to advance his case. He gives a piece of himself in a sincere and remarkable manner, offering advice, thoughts, ideas, and gratitude.
One time I received a note from Troy on a separate sheet of paper that said, “You are already making a difference in my life.” I don’t think that he said that because I was publicizing the issues of doubt in his case, but simply because, like so many other people, I was recognizing his humanity and connecting him in some small way to the outside world. He has probably sent the same note to many people, because Troy is adamant about answering letters and about showing people he cares about their support.
His sister Kim related how she had cards printed up so that, prior to one of his execution dates, her brother could reply to a flood of letters without exhausting himself, but she noted with a smile that Troy kept writing handwritten notes on each card. In the visiting area, Troy, a model prisoner, without a single write-up in all the years he has been imprisoned, waves and greets everyone who passes by that he recognizes: guards, prisoners, visitors. In the way that he recognizes the individuality and humanity of others, I hope that he can have his own individual gifts and humanity recognized.
Laura Kagel is the State Death Penalty Abolition Coordinator for Georgia for Amnesty International USA. She is currently in Savannah to observe Troy Davis’ evidentiary hearing.
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Based upon the evidence presented in the 6/10 hearing, it was clear the District Court would rule against Davis and that the US Supreme Court would then refuse additional review.
This shouldn't have come as a surprise to anyone that knew the facts of the case.
Anti death penalty folks, were, of course, fed a bunch of nonsense by their leadership and they simply accepted it.
As I wrote 6/25/10
Innocence claims will offer no reprieve for Troy Davis
Based upon the media reports, alone, of the two day hearing of June 2010, just as I suspect Davis' attorneys have known all along, the appellate case cannot prevail in overturning the findings that Troy Davis is guilty of the murder of Police Officer Mark Allen MacPhail.
What happened in the two day hearing was very ordinary, if you are aware of anti death penalty nonsense. (1)
Sylvester "Redd" Coles' "Confessions"
The blockbuster witnesses who were going to testify that the "real murderer" Sylvester "Redd" Coles had confessed to them were not allowed to testify, because Davis' attorneys refused to call Coles to testify, thereby rendering these witnesses in possession of hearsay evidence and, therefore, not able to testify.
Well, Judge Moore did allow, wrongly, one of them, Anthony Hargrove, to testify. The judge "said that unless Coles is called to the stand, he might give (Hargrove's) hearsay testimony "no weight whatsoever."
Of course, Davis' attorneys didn't call Coles. Davis' attorneys made sure Hargrove's testimony as well as the other "confession" witnesses will have no weight.
This will become part of the anti death penalty PR machine - the anti death penalty folks will blame the system for not allowing the "truth" to come out, by muzzling these witnesses, even though Davis' attorneys had to do this intentionally, knowing that the witnesses couldn't be heard, because of the hearsay rule.
The defense couldn't call Coles, because he would have been a strong witness to rebut his alleged confessions, therefore making things worse for Davis. I seems obvious that the defense made a statement as to how fragile and unreliable these "confession" witnesses were that Davis' attorneys refused to call Coles.
Hargrove being wrongly allowed to testify must have been a surprise.
"Recantation" Witnesses
The additional problem for Davis is this: There are solid witnesses against Davis who did not recant.
The recantation witnesses claims that the police pressured or threatened them into falsely testifying make no sense.
First, there were enough witnesses against Davis - the state had a solid case - therefore there was no reason to put lying witnesses on the stand. Even if we presume that some were pressured and threatened into false statements, both police and prosecutors knew, before trial, that they need not risk putting any such perjuring witnesses on the stand. They had enough evidence without them.
Why risk perjured testimony when you don't need it? They wouldn't have.
Secondly, the non recantation witnesses, the police investigators, and prosecutors have been consistent from the beginning of the case - those witnesses haven't recanted, and police and prosecutors have testified that there were no threats or pressure for false testimony and those consistent, non recanting witnesses gave truthful statements without pressure or threats.
Thirdly, there is no evidence that the investigating officers or the prosecutors had ever been involved in such illegal activities before and the non recantation witnesses give more weight to the position that police and prosecutors did not pressure or threaten for false testimony and to the proposition that the recantations were the lies.
contd
Judges are very aware of false testimony and how pressure can be applied to produce it, by community activists, such as anti death penalty folks.
Judges are aware that pressure is a two sided coin and they must consider both sides of it and how that may effect credibility. In a case such as this, the evidence is such that Davis cannot prevail.
Credibility - this says it all.
"(Troy) Davis' legal team also summoned Benjamin Gordon, who testified that he saw Sylvester "Redd" Coles shoot and kill the officer." (2)
Gordon, who is incarcerated and has at least six prior felony convictions, said he never came forward because he did not trust the police and feared what Coles might do to him or his family in retaliation.
"Is there any doubt in your mind that Redd Coles fired that shot?" Horton asked. "No, sir," Gordon replied.
Davis' legal team has long maintained that Coles, who was at the scene and came forward after (Police Officer) MacPhail's slaying and implicated Davis to police, was the actual triggerman. Coles has denied shooting MacPhail.
Beth Attaway Burton, the state's lead attorney, got Gordon to acknowledge he never said he saw Coles shoot MacPhail in interviews with police "or in sworn statements he gave Davis' legal team in 2003 and 2008."
"What made you change your story today?" Burton asked.
"It's the truth," Gordon said. "
I think the judge will have to weigh Gordon's credibility similarly to that of Davis' other supportive witnesses - ZERO.
-----------------------------
Note: We will hear protests that Davis' attorneys tried to subpoena Coles the day before the hearing, but couldn't locate him. The judge didn't buy it saying that there was no excuse based upon them having much time to prepare for the hearing. It's clear they didn't want Coles. When Davis loses this appeal, he will then appeal to a higher court, which will uphold the denial.
(1) 3 of many
"The Innocent Executed: Deception & Death Penalty Opponents"
http://homicidesurvivors.com/2009/10/08/the-innocent-executed-deception--death-penalty-opponents--draft.aspx
The 130 (now 139) death row "innocents" scam
http://homicidesurvivors.com/2009/03/04/fact-checking-issues-on-innocence-and-the-death-penalty.aspx
"Cameron Todd Willingham: Another Media Meltdown", A Collection of Articles
http://homicidesurvivors.com/categories/Cameron %20Todd%20Willingham.aspx
(2) All quotes from this article:
"Witnesses back off testimony against Troy Davis", The Atlanta Journal-Constitution, June 23, 2010 www.ajc.com/news/atlanta/witnesses-back-off-testimony-555778.html?cxntlid=daylf_artr
Other references:
Troy Davis: Both sides need to be told
Dudley Sharp, contact info below
Anyone interested in justice will demand a fair, thorough look at both sides of this or any case. Here is the side that the pro Troy Davis faction is, intentionally, not presenting.
(1) Davis v Georgia, Georgia Supreme Court, 3/17/08
Full ruling www.gasupreme.us/pdf/s07a1758.pdf
Summary www.gasupreme.us/op_summaries/mar_17.pdf
" . . . the majority finds that 'most of the witnesses to the crime who have allegedly recanted have merely stated that they now do not feel able to identify the shooter.' "One of the affidavits 'might actually be read so as to confirm trial testimony that Davis was the shooter.' "
The murder occurred in 1989.
(2) "THE PAROLE BOARD'S CONSIDERATION OF THE TROY ANTHONY DAVIS CASE" , 9/22/08, www.pap.state.ga.us/opencms/opencms /
"After an exhaustive review of all available information regarding the Troy Davis case and after considering all possible reasons for granting clemency, the Board has determined that clemency is not warranted."
"The Board has now spent more than a year studying and considering this case. As a part of its proceedings, the Board gave Davisâ?? attorneys an opportunity to present every witness they desired to support their allegation that there is doubt as to Davisâ?? guilt. The Board heard each of these witnesses and questioned them closely. In addition, the Board has studied the voluminous trial transcript, the police investigation report and the initial statements of all witnesses. The Board has also had certain physical evidence retested and Davis interviewed."
(3) A detailed review of the extraordinary consideration that Davis was given for all of his claims,
by Chatham County District Attorney Spencer Lawton http://tinyurl.com/46c73l
Troy Davis' claims are undermined, revealing the dishonesty of the Davis advocates . Look, particularly, at pages 4-7, which show the reasoned, thoughtful and generous reviews of Davis' claims, as well a how despicable the one sided cynical pro Troy Davis effort is.
(4) Officer Mark Allen MacPhail: The family of murdered Officer MacPhail fully believes that Troy Davis murdered their loved one and that the evidence is supportive of that opinion. www.fop9.net/markmacphail/debunkingthemyths.cfm
Not simply an emotional and understandable plea for justice, but a detailed factual review of the case.
(5) "Death and Dying", by Cliff Green, LIKE THE DEW, 7/22/09,
http://likethedew.com/2009/07/22/death-and-dying /
I've gotten in the habit of looking up cases showcased by AI before commenting on their write ups. So, let's cut to the chase.
Troy Davis was convicted by the same jury of shooting another man the same night the police officer was killed . The shell casings from the same gun were found at the scenes of both crimes. From what I can find, the weapon used on both victims was a .38. Troy Davis went on the lamb immediately after the second shooting. A fellow named Coles evidently owned a .38 revolver but somehow misplaced it. Davis says Coles did it. Coles says Davis did it.
Would those things alone be enough to prove guilt beyond a reasonable doubt? There doesn't seem to be any doubt Coles and Davis did the crimes together. At a certain point, the question of which one of these gangbangers actually pulled the trigger is moot.
The thing I find most strange is that spent cases, supposedly from a revolver, were found. I couldn't easily find a credible source online to confirm one way or the other that the weapon used was in fact a revolver.
For the folks who don't know anything about guns , revolvers don't automatically leave empty cases behind. You have to physically remove spent cases from the cylinder. Why would someone who just got done shooting someone, stop, pull out the spent cases, then scatter them around the crime scene? Even if one had an irrestible urge to reload, wouldn't they find some way to dispose of the brass in a less conspicous manner? They got rid of the gun, but intentionally scattered brass around for investigators to find?
It never pays to under estimate human stupidity, but hiding the gun, but not the brass, strikes me as passing strange.
Being as objective as I know how to be, I think there's a lot not to like about how the convictions were obtained. Police and prosecutors make too many deals for my taste. Still, without more information, I'd argue both Davis and Coles belong on death row together, or at the very least, imprisoned for the rest of their lives.
I've said it before, and I'll say it again; if the folks at Amnesty International were on the receiving end of the crimes committed by this breed of rabid dog, they wouldn't be so quick to see them turned loose. They take scum that is the poster child for why the death penalty is just, then try to turn them into Sunday school teachers to defraud fools out of donations .