Troy Davis Appeal Denied by GA Court - No Surprise to Neal Family
GEORGIA DEATH ROW inmate Troy Davis has been denied an appeal again. Davis has had three stays of execution. His case is based on witness testimony alone, and seven of the nine witnesses against Davis have either recanted their testimony against him or have offered testimony that was disturbingly inconsistent with their initial accounts. Only two witnesses maintain their original testimony that Troy Davis is a murderer, and there is reasonable doubt regarding their testimony. Davis has gained worldwide support for his quest for a new trial, which was today again denied.
See more at the link below, which offers access to the court's decision and a statement issued by Amnesty International:
Published: April 16, 2009
ATLANTA (AP) - A federal appeals court has rejected an appeal by Georgia death row inmate Troy Anthony Davis in the killing of a Savannah police officer.
A three-judge panel of the 11th U.S. Circuit Court of Appeals, which earlier heard arguments in the case, denied a claim by Davis that executing him for the 1989 murder of Officer Mark MacPhail would violate his constitutional rights.
The 11th Circuit stayed Davis’ execution last October to hear arguments on his claim that he was innocent of the killing. Several witnesses have recanted their testimony.
A majority of the judges found that in view of all the testimony and other evidence, they did not think Davis could establish that a jury would not have found him guilty.
[Amnesty International issued a statement on this development, an except from which states:]
“Today’s decision is an affront to basic human rights and demonstrates that legal technicalities have become a dangerous excuse to undermine justice,” said Larry Cox, executive director for AIUSA. “Yet again the courts are placing procedural obstacles over the critical issue of innocence, and, by extension, the value of human life. The bar for admitting evidence has been raised to such a level that no one arguing his innocence would be able jump that hurdle.”
(For acess to the full AP article and link to the court's decision along with Amnesty International's statement in total, please use the link above.)
The ACLU online carries this statement by a federal judge at http://blog.aclu.org/
Veteran Federal Judge Says Death Penalty Still Arbitrary and Too Costly
Reflecting on his 30 years as judge hearing death penalty cases on the U.S., Judge Boyce M. Martin, Jr. of the Court of Appeals for the 6th Circuit wrote in an opinion released today (PDF) that capital punishment in this country remains "arbitrary, biased, and so fundamentally flawed at its very core that it is beyond repair."
Hopefully everyone will look at the Troy Davis case for what it is - evidence that we need to repeal the death penalty all across America. The likelihood of innocent people getting executed is too great. If the justice system is so convinced, unlike most other people, that Troy Davis shot Officer MacPhail, why not have a new trial and allow the evidence to speak for itself?
I do not think that courts in Georgia care a whit about guilt or innocence, right and wrong. They make judicial decisions based on a completely difference criterion that has ZERO to do with the law and justice. I do not base this assessment on the Troy Davis matter, but from my own dealings with courts in this state. When the judges know that you would win before a jury and they don't want you to win for whatever reason, the judges simply refuse to allow your case to go to jury trial. That is the Georgia way.
The same thing happened in our case against The Cochran Firm for its fraud against my family after the secret arrest and wrongful death of Larry Neal in Shelby Co. Jail in Memphis. The Cochran Firm contracted as our wrongful death attorneys, then it worked with the jail and held our lawsuit against the jail INACTIVE FOR 10.5 MONTHS while writing us lying letters about the case going forward, while they did zero. What jury would have trouble deciding in our favor? None. So Judge Batten of USDC did not allow it to go to jury, because he knew any jury would give us the case - ANY JURY.
The first judge, Judge Shoob, in Georgia Superior Court, dismissed our case by claiming The Cochran Firm did not exist in Georgia - with the law firm open for business every day not three blocks from her courtroom and advertising on television, MARTA (public transportation), and all over the Internet. See the information here:
Troy Davis is to be pitied. His lawyers researched laws and drafted pleadings and probably did a fine job arguing in Troy's defense, but they failed to realize that it would not matter if Troy could produce irrefutable proof that he was on the moon when the officer was killed. If Georgia has decided to execute this man, the judges would not pay one bit of attention to proof that Troy Davis was on the moon when the officer died. None. Truth matters none in Georgia courts. None. The more proof one has, the less likely one is to get before a jury if they do not want you to win.
Support for new trials for convicted persons with substantial new evidence, like Troy Davis, and opposition to the death penalty are two of the 25 justice concerns that will be addressed at the first annual HUMAN RIGHTS FOR PRISONERS MARCH in Atlanta, Georgia on May 16. See information about that event at this link:
Human Rights for Prisoners March Planned for May 16 in Atlanta
Background information, videos, and photographs regarding the Troy Davis case and his numerous close calls with execution are available at this link, including a heart-wrenching appeal for a new trial from this condemned man: http://my.nowpublic.com/search?fulltext=1&type=story&keys=troy+davis+mary+neal
Other justice articles by this writer are available by clicking the dogs icon or using this link: http://nowPublic.com/duo
Your viewpoint is invited in the rich text comments area below. The comments area also carries information from Amnesty International on how the public can assist Mr. Davis.
Assistance to the Incarcerated Mentally Ill
For he hath looked down from the height of his sanctuary; from heaven did the LORD behold the earth; To hear the groaning of the prisoner; to loose those that are appointed to death. ~ Psalm 102
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Stone Mountain, Georgia, United States