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Another Stay of Execution for Troy Davis - New Trial Please?
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by duo | October 24, 2008 at 07:15 pm
258 views | 12 Recommendations | 7 comments
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Today, a three-judge panel of the 11th U.S. Circuit Court gave a last-minute reprieve to a Troy Davis, a Georgia man set to be executed Monday for the 1989 killing of an off-duty police officer although there was no physical evidence linking him to the crime. The federal appeals court ordered defense attorneys and prosecutors to draft briefs that address whether Davis can meet "stringent requirements" to pursue the next round of appeals.
This is the third time Mr. Davis’ execution has been stayed, yet he is continually denied the chance during the reprieve to prove his innocence. My grandmother had a saying, "Either piss or get off the pot." Many people pray that this man is finally granted a new trial - the opportunity for Mr. Davis and the State to present their evidence before an impartial judge and jury to make a final determination regarding guilt or innocence.
No one should suffer on death row year after year, much less be executed, without irrefutable evidence of guilt. No family should be put through the pain and suffering of saying final goodbyes to their loved one time after time, for a crime that has not been proved.
Since Mr. Davis’ conviction, seven of the nine witnesses who gave evidence at his trial in 1991 have recanted or changed their testimony, some of whom allege that they were coerced by police to give false testimony against the condemned man. Witness testimony was the backbone of the prosecution's case in the absence of a murder weapon, fingerprints and DNA evidence. Since the murder trial, evidence has arisen to suggest that one of the two remaining witnesses may be the actual murderer.
Congratulations are due for Amnesty International and all the people who work for justice in this case. Objections to executing Mr. Davis reverberate around the globe. Officer McPhial's family and Troy Davis deserve for this matter to be heard in court before an impartial judge and a jury of Mr. Davis's peers.
Enough with the stays of execution during which time no resolution is reached because no new trial is granted!
Please do the right thing. Grant Troy Davis a new trial. It is not so hard to be just in life. It is a simple matter of doing unto others as you would have them do unto you. Just be fair. No more lynching. After nearly two decades on Georgia’s Death Row, please grant this American his simple request for “a fair day in a just court.”
The only good thing that has ensued from Mr. Davis having spent 16 years on death row when his guilt remains unproved is this: Many people who were completely in favor of the death penalty are now reevaluating their positons. Mr. Davis's case makes it patently obvious how easy it is for citizens to be convicted and executed for unproved crimes if they lack funds for an adequate defense, especially men of color.
More information about Troy Davis is available at these links:
http://www.troyanthonydavis.org/News-coverage.html
http://my.nowpublic.com/world/troy-davis-update-death-warrant-issued-oct-27
http://my.nowpublic.com/culture/troy-anthony-davis-granted-last-minute-stay-execution-u-s-supreme-court
http://my.nowpublic.com/world/abolitionist-alert-troy-davis-needs-help
http://my.nowpublic.com/world/updated-troy-davis-denied-clemency-execution-set-september-23
http://my.nowpublic.com/world/georgia-execution-september-23-troy-anthony-davis-possibly-innocent
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UPDATE - Excerpt from a recent interview with Troy Davis
PTBB News
"My faith has taught me that if you give all your worries to God he will carry your burdens," Davis wrote in a letter to me sent the day after my visit. "It's God that carried me through death's valley and took my worries away."
For Davis, faith is the door to freedom. Having faith makes you stronger than your family and able to support them more than they are supporting you, he said, because they are the ones who will be left behind once you are gone and you have to show them you are not afraid to die.
"Sometimes all of this seems like it's happening to someone else. I sometimes dream to be free, but in each dream my family is 18-and-a-half years younger, and my father is still alive," said Davis during an in-person interview in April 2008.
"I am disappointed at the system, but refuse to become bitter and angry, because I still have a lot of fight left in me . I have too much to live for to give up, to give up on myself means I have given up on my family as well, but we are in this together and I cannot give up now."
Meeting Davis not only changed the person I am today, it changed the way I perceived death, and prison, and the smell of prepackaged food.
Walking though the prison's metal gates in the early hours of that April day, I felt sick to my stomach. Standing in line with mothers, daughters and wives of inmates, I felt out of place and inappropriate. I had not lost anyone dear to the prison's walls; I was just a cocky journalist in search of a scoop. But my feeling of regret soon vanished once I saw the smile on Davis's face, and perceived how much my interest in his case changed his day.
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Mary Neal
Website: http://wrongfuldeathoflarryneal.com
The Lord executeth righteousness and judgment for all that are oppressed. Psalm 103:6
He loveth righteousness and judgment: the earth is full of the goodness of the Lord. Psalm 33:5
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Most RecentMost Recommended Comments (7)
at 14:11 on October 25th, 2008
First of all, I give honor to God. He came through for Troy and for justice once again! Praise God!
Second, thank you three justices of the 11th Circuit Court of Appeals. Troy's situation has been put before others prior to you, including judges, the governor, and members of the GA Pardon and Parole Board. Thank you so very much, judges, for acknowledging that we need to slow down and give Troy's case another look before doing an irreversible thing like executing a man whose conviction is haunted by questions. I admire you for your sense of justice. I congratulate you on your integrity. Forgive me, please, for not thanking you immediately. Many, many people appreciate what you did yesterday! Blessings to you for both Troy and the MacPhial family, who deserve real closure on this matter. Bless you for agreeing to give this thing more consideration.
Demonstrations were held yesterday across the globe to call for a new trial for Troy Davis and an end to the American Death Penalty. This is the only so-called "Christian" nation on the planet that practices human sacrifice. America is currently involved in warfare for the sake of human rights, yet disenfranchised citizens are regularly marched down Death Row hallways in our nation's prisons, strapped to gurneys, and murdered in cold blood, and some were innocent. No one will ever know how many.
What we do know is that to date, more than 120 condemned citizens have proved their innocence with DNA testing and been freed after decades on Death Row. Others are fighting to get their DNA evidence tested, and unfortunately, some are DENIED the testing they request, even though the State would bear no expense for testing. One example of this deplorable injustice is the case of Thomas Arthur, an Alabama prisoner. Read about Mr. Arthur here:
Thomas Arthur Doesn't Get It - Executions Are Fun for Folks - No Offense Intended
http://my.nowpublic.com/world/thomas-arthur-doesnt-get-it-executions-are-fun-folks-no-offense-intended-mary-neal
Have ANY millionaires ever been executed in America? One petitioner on our PETITION FOR DOG JUSTICE FOR THE MENTALLY ILL stated, "You can get justice in this country if you can afford it -- otherwise good luck." See what some of the other petitioners wrote at this link:
http://www.petitiononline.com/mod_perl/signed.cgi?Neal&1
This is a petition begging for records and an investigation regarding the secret incarceration and mysterious death in government custody of a disabled American, my brother, Larry Neal. Until our justice quest and simple request for an EXPLANATION are satisfied, how can this justice system KILL people for crimes - especially without unquestionable evidence of guilt?
Troy Davis was tried and convicted of murder in Georgia Superior Court. Take a look at our website and see the denial of justice my family endured in Georgia Superior Court. Court filings "disappeared," and the office where we served suit to the defendant, The Atlanta office of The (Johnnie) Cochran Firm, was granted a court order granting it nonexistence under its advertised identity to avoid facing trial or paying damages for fraud. http://wrongfuldeathoflarryneal.com
Before executing another human being in the name of justice, we need a justice system that is considerably more just to ALL citizens and does not favor the rich and powerful.
Mary
at 20:28 on October 24th, 2008
duo, I like this story. It's good stuff.
I'm trying to deal with my own battle of getting a stay of execution of being kicked out of where I live, but that's a whole diff matter.
I'm not going to say he's innocent or guilty but when 7 of 9 witnesses recant and there is no physical evidence to prove his guilt, that should be good enough for at least a retrial
at 14:16 on October 25th, 2008
Thanks for the GS flag, Jim. Three stays of execution equal reasonable doubt in my mind, plus the lack of evidence is deplorable for even keeping this man in jail, much less killing him. Just as you say, Jim, a new trial is in order for Troy Davis. Let's hope the court agrees.
Thanks for your comments, and I wish you much success resolving your housing issue!
Mary
at 04:08 on October 25th, 2008
Good stuff, good news
at 04:54 on October 25th, 2008
Thanks, Sputnic. European citizens like yourself launched some impressive protests favoring Troy getting a new trial. His justice quest is getting international support and shinning a huge spotlight on the fact that innocent people can and do die in our justice system - from mental patients who are tasered to death during arrest attempts to condemned citizens who cannot afford to launch a successful defense in their death penalty cases. I believe I read that Troy's State-appointed defense attorney was paid around $1,000 for representing Troy at his murder trial. Today Troy has better legal defense, thank God, and his lawyers stand ready to present his evidence at a new trial, if one is ever granted.
The federal court of appeals came through on the side of justice yesterday and halted his execution, which was scheduled for Monday. I really appreciate the fact that they did not wait until two hours before the death sentence was to be carried out before granting the stay, like the Supreme Court did last month when Troy was scheduled for the nasty needle on September 23.
Many people are anxious for Troy to finally get a new trial, but along the way, we must remember to be grateful for the victories that grant Troy one more month of life. Troy and all of his supporters will just have to trust God and take this thing one step at a time. Listen to how Jordin Sparks puts it:
http://www.youtube.com/watch?v=oe1auWEL9IY
Thanks again for commenting on the article. I appreciate your support.
Mary
at 11:01 on October 25th, 2008
duo, I like this story. It's good stuff.
at 11:23 on October 25th, 2008
Thanks, Amy. Thanks for putting the video up there, also. "One step at a time" is definitely the way we will have to go. The legal system seems so slow sometimes, and we are a society that has come to expect everything instantly. Right now, it is just nice to know that Troy will be allowed to draw breath throughout next week - I think the stay is for 25 days, but will have to check.
Mary