Supeme Court denies Troy Davis Petition

[carolinem]

Amnesty International Decries Supreme Court Decision to Deny Troy Davis Petition

Tuesday, Oct 14, 2008 - 10:21 AM

Amnesty International USA (AIUSA) decried today’s U.S. Supreme Court decision to deny a new hearing for Georgia death-row inmate Troy Anthony Davis. The Court had granted Davis a stay of execution just hours before he was scheduled to be put to death while it decided whether to hear the case. In denying Davis’ petition for a writ of certiorari, the Court has effectively ended a longstanding battle to have new evidence in Davis’ favor heard in a court of law.

“The Supreme Court’s decision is truly shocking, given that significant evidence of Davis’ innocence will never have a chance to be examined,” said Larry Cox, executive director for AIUSA. “Faulty eyewitness identification is the leading cause of wrongful convictions, and the hallmark of Davis’ case. This was an opportunity for the Court to clarify the constitutionality of putting the innocent to death – and in Davis’ case, his innocence could only be determined with a new hearing or trial."

"It is disgraceful that the highest court in the land could sink so low when doubts surrounding Davis' guilt are so high," Cox added.

The U.S. Supreme Court denied Davis’ petition for writ of certiorari that was submitted on constitutional grounds of due process and cruel and unusual punishment violations if an individual is put to death despite significant claims to innocence. Davis’ attorneys filed the petition after the Georgia Supreme Court’s narrow 4-3 ruling to deny Davis an evidentiary hearing last March; the ruling was based on technicalities rather than basic questions of guilt and innocence.

Davis was convicted in 1991 of killing Savannah police officer Mark Allen MacPhail. Authorities failed to produce a murder weapon or any physical evidence tying Davis to the crime. In addition, seven of the nine original state witnesses have since recanted or changed their initial testimonies in sworn affidavits. One of the remaining witnesses is alleged to be the actual perpetrator.

Since the launch of its February 2007 report, Where Is the Justice for Me? The Case of Troy Davis, Facing Execution in Georgia, Amnesty International has campaigned intensively for a new evidentiary hearing or trial and clemency for Davis, collecting well over 200,000 clemency petition signatures and letters from across the United States and around the world. To date, internationally known figures such as Pope Benedict XVI, Archbishop Desmond Tutu and former U.S. President Jimmy Carter have all joined the call for clemency, as well as lawmakers from within and outside of Georgia.

Amnesty International is a Nobel Peace Prize-winning grassroots activist organization with more than 2.2 million supporters, activists and volunteers who campaign for universal human rights from more than 150 countries. The organization investigates and exposes abuses, educates and mobilizes the public, and works to protect people wherever justice, freedom, truth and dignity are denied.

For more information about the Troy Davis case, please visit: www.amnestyusa. org/troydavis <http://www.amnestyu sa.org/troydavis> .

[carolinem]

ctober 14, 2008

Justices Clear Way for Ga. Execution
By THE ASSOCIATED PRESS

Filed at 10:40 a.m. ET

ATLANTA (AP) -- The Supreme Court has cleared the way for a Georgia man to be put to death for killing a police officer two weeks after it halted his execution to consider his appeal.

Troy Davis asked the high court to intervene in his case and order a new trial because seven of the nine witnesses against him have recanted their testimony. Former President Jimmy Carter and South Africa Archbishop Desmond Tutu are among prominent supporters who have called for a new trial.

The justices granted Davis a reprieve on Sept. 23, less than two hours before his scheduled execution. But they declined Tuesday to give his appeal a full-blown hearing. It was not immediately clear when his execution will be scheduled.

Davis' supporters, who erupted in joy when his execution was halted last month, said they were heartbroken when they received word of the decision.

"Oh, God. I think it's disgusting, terrible. I'm extremely disappointed," said Martina Correia, Davis' sister. "Well, we still have to fight. We can't stop."

Davis was convicted of the murder of 27-year-old officer Mark MacPhail, who was working off-duty as a security guard at a bus station. MacPhail's family said they were relieved.

"I was hoping that would be the decision," said MacPhail's mother, Anneliese MacPhail. "I'm hoping that soon we will have some peace, that this will all be over."

A divided Georgia Supreme Court has twice rejected Davis' request for a new trial, and had rejected his appeal to delay the execution on Monday afternoon. The Georgia Board of Pardons and Paroles also turned down his bid for clemency.

MacPhail had rushed to help a homeless man who had been pistol-whipped at a nearby parking lot, and was shot twice when he approached Davis and two other men.

Witnesses identified Davis as the shooter, and at the 1991 trial, prosecutors said he wore a "smirk on his face" as he fired the gun.

But Davis' lawyers say new evidence proves their client was a victim of mistaken identity. Besides those who have recanted their testimony, three others who did not testify have said Sylvester "Red" Coles -- who testified against Davis at his trial -- confessed to the killing.

Coles refused to talk about the case when contacted by The Associated Press during a 2007 court appearance and has no listed phone number.

Prosecutors have said the case is closed. They also say some of the witness affidavits simply repeat what a trial jury has already heard, while others are irrelevant because they come from witnesses who never testified.


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[carolinem]

http://kavitachhibb er.blogspot. com/2008/ 10/us-supreme- court-sends- troy-davis- to.html

Tuesday, October 14, 2008

US Supreme Court Sends Troy Davis to his Death

Hi Kavita,

I wanted to take some pictures Monday night but the counselor went home.
I’ll place a request to purchase a few photo coupons so we can take pictures during our next visit. I’m looking forward to it.

Personally I’m doing fine. I’m patiently waiting to hear some good news from the U.S Supreme Court. I’m ready to go home and begin the rest of my life..

They moved me back into my old cell yesterday evening.

This morning I went outside and played a few games of basketball. ..and got plenty of exercise…”

My eyes blur with unshed tears as I read this hand written note from Troy. I notice that he has this endearing habit of signing his name as Mr. Troy Davis. It had made me smile when I had read it for the first time.

His hand writing is large and sprawling but meticulous. He does not forget to put a smiley face and he does not forget to say “God Bless You” when he ends.

Just last week, I sent him a hand painted card for his birthday on the 9th.

I wrote the following on many blogs including my own website-

Troy Davis turns 40 today - and he still waits for some reason to celebrate this day.

As a kid he loved G.I. Joe and got many of those figurines for his birthday, recalls sister Martina Correia. Birthdays were fun events in the family backyard with cake, ice cream and hot dogs and some nice gifts. Martina was not around when Troy turned 16, a special birthday for any teenager but sent him gifts while training in the Military. Little would she know that his 21st birthday would be behind bars and on death row.

A maximum security prison is hardly the perfect haven to celebrate a special occasion. That too of inmates whose spirit is being broken through isolation, bad nutrition, and a non productive life style.

The only exceptions are July 4th when they get hamburgers and hot dogs to celebrate Independence day, or when a convict is executed. Then the guards get a special barbecue meal. When an inmate receives a lot of cards they may just acknowledge the birthday briefly as the guards read the mail. Once a month they rent a DVD and the inmates can watch a movie. There is a TV which is controlled by the guards and the inmates can watch that.

They were allowed unlimited books-not any more. Now its seven, the number of visitors too has been cut down drastically and there are not many activities except for a short outing in an enclosed area with a basketball hoop where they can shoot baskets on concrete floors.

“Many inmates have diabetes and hypertension because of the food they get to eat,” says Martina. “There are many inmates with HIV/AIDS and Hepatitis, and don’t get medical treatment. The inmates have to pay 5 dollars each time they visit the doctor and if there is no family to finance them, then they remain untreated unless they are dying.”

Last year a death row inmate died of cancer and a major news paper reported it as-death row inmate escapes death by dying of cancer.” Ironic.

The winter months are harsh. The inmates sleep with 4-5 thin military style blankets, the heating is inadequate. “Last year to conserve energy, they cut off the hot water daily from 6 p.m. to 6 a.m. and so many people fell sick taking cold baths. If someone sends you money, they charge you a dollar per month as tax in he prison. The inmate has to buy everything from the prison store, so that the prison can make some money.”

Martina says her family has never been far away from Troy. They used to send Troy 3-4 boxes of things that he could use, but now its been cut to one 15 pound box once a year. Martina and her family has visited Troy for every birthday, and every holiday they could. They have sent individual cards from each family member and friend. Cards that said-even though he is across the miles, he is with them. “We have a present under the Christmas tree for Troy each year. The pile is waiting for him, when he comes back. My mother still wakes up at 6 a.m. every Sunday to cook an elaborate Sunday dinner as if she is still cooking for a houseful of growing kids. Troy used to love her cooking and ate everything!”

The US Supreme Court had asked for more time to look at the information before it gave its decision on Tuesday, the 14th of October.

Today October 14th the highest court in the country proved that it chose technicality over humanity, and denied Troy’s appeal. They handed their decision without a comment said one newspaper. The Washington Post however had this to say-“In refusing to hear a full appeal, the court maintained the high bar it has set for assertions of innocence following convictions in capital cases. Georgia now can set a new date for Davis's execution, because the court's stay expires with today's order.”

The highest bar? Even if it meant killing a possibly innocent man?

There is no closure for the MacPhail family, says Mark MacPhail’s mother. Forgiveness brings a closure like no other, but when we lose a loved one, we forget everything but the need for revenge.

Since then I have sat numb with shock. I didn’t have the courage to call Martina and just sent her a text message, until I could compose myself. Troy is a brave man-his sister Martina redefines the word courage.

I’m unfortunately not as brave nor do I have the kind of faith that they do-and so I crumble….Life teaches you many lessons through example..I’m afraid I just don’t understand this one..