Troy Davis' Clemency Denial: The Failure of a Legal "Safety Valve"

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Meanwhile, in TEXAS they offed a white guy for dragging a black man to death.

http://www.cnn.com/2011/09/21/justice/texas-dragging-death-execution/i
ndex.html?hpt=hp_t2

and in Fullerton, California , they indicted some COPS for smothering a retarded black man to death. ( Edit-- oops, missed the link--)

http://www.cnn.com/2011/09/21/justice/california-homeless-death/index.
html




Beginning to look like a bad week for white supremacists.

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I don't believe in the death penalty unless:
A) the killer has killed more than one person.
(b) There is undeniable evidence that s/he did it, DNA, physical evidence, eyewitnesses if possible etc. But eyewitnesses alone are no good.

So if there's no physical evidence against this guy then he shouldn't be put to death, plain and simple. Its just too easy to execute the wrong person.

Sad things

"A completely coherant River means writers don't deliver" KatTaya

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Here's a column on the subject.

There Is No Travesty of Justice in Georgia. Execute Troy Davis

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I’m hearing a lot from people opposed to Troy Davis’s execution that there is no physical evidence in the case — and a whole lot of other hoo-haa.

First of all, let’s set out that the case has been going on for twenty years.

Second, let’s point out that two witnesses at Davis’s trial testified under oath that Troy Davis admitted to the shooting.

Yes, those witnesses have now, twenty years and much badgering by anti-death penalty advocates later, recanted. A federal judge spent two days reviewing the evidence and the testimony last year and issued a 172 page order explaining why the witnesses recanting was “smoke and mirrors.”

In fact, one of the chief nuggets of the case is that there was no physical evidence. Except that is crap. There is the matter of Troy Davis’s bloody clothes that you’ve probably never heard of.

There was a .38 caliber gun. Both Troy Davis and the man Davis’s team claims in the real murderer, Sylvester Coles, had a .38 caliber gun.

Davis’s gun had been used in another shooting and the gun casing were linked between both shootings. Everyone likes to gloss over that. They point out that the man who claimed Davis fired on him has now recanted — yet again 20 years later.

But here are some additional facts — if we’re going to deal with things that weren’t in contention twenty years ago.

The federal courts and state courts in Georgia have all denied Davis’s appeal. Prior to 2008, Georgia’s Supreme Court was decidedly liberal and even they passed.

For the first time in 50 years the United States Supreme Court ordered a federal court to conduct an entire rehearing of all the evidence. The court did and found all the new stuff was, again, “smoke and mirrors,” including the retracted confessions. And while building the case to claim that Sylvester Coles was the real murderer, the defense would not call Coles in for examination.

But then there is Officer MacPhail himself and what the defense all too conveniently forgets to bring up. Officer MacPhail “testified” at Troy Davis’s murder trial. See, MacPhail, an Army Ranger and police officer was working a second job that night as a security guard. He chased Davis and Sylvester Coles, who were assaulting a homeless man over a beer.

MacPhail reported in that he had run passed Sylvester Coles. MacPhail was shot from the front in the chest and face — not from behind where Coles was, but from the front where MacPhail himself located Troy Davis.

And then, if we really want to get into the weeds and talk about facts, consider this fact. Troy Davis immediately became the suspect and fled. Police roped off his house, obtained entry, and searched the home. In the laundry they found Troy Davis’s shorts from that night with evidence on the clothing directly tying him to Officer MacPhail’s murder — Officer MacPhail’s blood.

According to Darrell Collins, who is now recanting everything or claiming not to remember anything, Davis admitted to Collins that Davis had shot MacPhail in the chest and then went back to shoot MacPhail in the head at close range because MacPhail had seen his face — hence MacPhail’s blood on Davis’s shorts. Oh, and at the time Collins gave his statement way back in 1989 it was not public knowledge that Officer MacPhail had been shot in the chest and then at close range in the face.

Of course, this justice system that is supposedly about to carry out a travesty of justice ordered Davis’s shorts excluded as evidence from the trial because the police did not get a search warrant. So anti-death penalty advocates can conveniently say there is no physical evidence by discounting the gun, the casings, and ignoring Officer MacPhail’s blood on Troy Davis’s clothes found in Troy Davis’s laundry all because the very same court system that found him guilty without that physical evidence followed the law and excluded it.

Troy Davis is a cop killer and I’m perfectly fine with his execution.

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Originally posted by NewOldBrownCoat:
Meanwhile, in TEXAS they offed a white guy for dragging a black man to death.


Beginning to look like a bad week for white supremacists.

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Any day a murdering racial supremacist low life is put down...is a pretty good day in my book.

( wasn't that guy in Texas sentenced to death when W was governor ? )




" I do not love the bright sword for its sharpness, nor the arrow for its swiftness, nor the warrior for his glory. I love only that which they defend. "

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And here's a column by Ann Coulter, who does a great job of ripping the bogus claims of the cop killer's innocence to shreds.

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It's nearly impossible to receive a death sentence these days -- unless you do something completely crazy like shoot a cop in full view of dozens of witnesses in a Burger King parking lot, only a few hours after shooting at a passing car while exiting a party.

That's what Troy Davis did in August 1989. Davis is the media's current baby seal of death row.

After a two-week trial with 34 witnesses for the state and six witnesses for the defense, the jury of seven blacks and five whites took less than two hours to convict Davis of Officer Mark MacPhail's murder, as well as various other crimes. Two days later, the jury sentenced Davis to death.

Now, a brisk 22 years after Davis murdered Officer MacPhail, his sentence will finally be administered this week -- barring any more of the legal shenanigans that have kept taxpayers on the hook for Davis' room and board for the past two decades.

(The average time on death row is 14 years. Then liberals turn around and triumphantly claim the death penalty doesn't have any noticeable deterrent effect. As the kids say: Duh.)

It has been claimed -- in The New York Times and Time magazine, for example -- that there was no "physical evidence" connecting Davis to the crimes that night.

Davis pulled out a gun and shot two strangers in public. What "physical evidence" were they expecting? No houses were broken into, no cars stolen, no rapes or fistfights accompanied the shootings. Where exactly would you look for DNA? And to prove what?

I suppose it would be nice if the shell casings from both shootings that night matched. Oh wait -- they did. That's "physical evidence."

It's true that the bulk of the evidence against Davis was eyewitness testimony. That tends to happen when you shoot someone in a busy Burger King parking lot.

Eyewitness testimony, like all evidence tending to show guilt, has gotten a bad name recently, but the "eyewitness" testimony in this case did not consist simply of strangers trying to distinguish one tall black man from another. For one thing, several of the eyewitnesses knew Davis personally.

The bulk of the eyewitness testimony established the following:

Two tall, young black men were harassing a vagrant in the Burger King parking lot, one in a yellow shirt and the other in a white Batman shirt. The one in the white shirt used a brown revolver to pistol-whip the vagrant. When a cop yelled at them to stop, the man in the white shirt ran, then wheeled around and shot the cop, walked over to his body and shot him again, smiling.

Some eyewitnesses described the shooter as wearing a white shirt, some said it was a white shirt with writing, and some identified it specifically as a white Batman shirt. Not one witness said the man in the yellow shirt pistol-whipped the vagrant or shot the cop.

Several of Davis' friends testified -- without recantation -- that he was the one in a white shirt. Several eyewitnesses, both acquaintances and strangers, specifically identified Davis as the one who shot Officer MacPhail.

Now the media claim that seven of the nine witnesses against Davis at trial have recanted.

First of all, the state presented 34 witnesses against Davis -- not nine -- which should give you some idea of how punctilious the media are about their facts in death penalty cases.

Among the witnesses who did not recant a word of their testimony against Davis were three members of the Air Force, who saw the shooting from their van in the Burger King drive-in lane. The airman who saw events clearly enough to positively identify Davis as the shooter explained on cross-examination, "You don't forget someone that stands over and shoots someone."

Recanted testimony is the least believable evidence since it proves only that defense lawyers managed to pressure some witnesses to alter their testimony, conveniently after the trial has ended. Even criminal lobbyist Justice William Bre

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