Thursday, April 16, 2009

Troy Davis Denied Trial to Consider Innocence

On April 16, a federal appeals court decided not to grant death row inmate Troy Davis a hearing to present evidence of innocence.
Davis was arrested in 1989 for the murder of a police officer in Savannah. The officer was responding to calls for help from a drunken homeless man who was being pistol whipped over his beer when the attacker shot the officer once and then stood over him to shoot again.
The police department was naturally interested when Sylvester "Red" Coles made a visit to the station the next day (with his attorney) with not only a tip, but a name- Troy Anthony Davis.
Morris Publishing's Savannah Morning News ran Davis's photo with the words "cop killer" before the police had even had a chance to question Davis. Davis went in voluntarily to talk to the police and never came back out. He has been on death row for nearly twenty years. In fact, he's been scheduled for execution three times now, coming within hours of the needle- close enough to have gotten a pre-execution enema.
The postponements are not exactly fancy legal wrangling by Davis. Public defense is overloaded in Georgia to the point that Davis was without proper representation as crucial deadlines came and went, and courts have consistently denied him new trials on procedural grounds.
Davis's executions have been resisted by huge public protest and not only from the anti-death penalty crowd. This execution is also denounced by such toughies as Libertarian Presidential Candidate Bob Barr and former FBI Director William Sessions. The dissenting judge in the panel of three last week, Judge Rosemary Barkett, wrote, “to execute Davis, in the face of a significant amount of proffered evidence that may establish his actual innocence, is unconscionable and unconstitutional."
No physical evidence links Davis to the murder; he was convicted on the testimony of nine witnesses' accounts. New evidence that Davis would like to have heard includes recantations (at the risk of being found guilty of perjury) from seven of those nine witnesses, some citing police coercion, such as this from Darrell "D.D." Collins, who says the day after the shooting when 15 or 20 officers came to his house to take him in for questioning- "a lot of them had their guns drawn." His affidavit reads,
When I got to the barracks, the police put me in a small room and some detectives came in and started yelling at me, telling me that I knew that Troy Davis...killed that officer by the Burger King. I told them that... I didn't see Troy do nothing. They got real mad when I said this and started getting in my face. They were telling me that I was an accessory to murder and that I would pay like Troy was gonna pay if I didn't tell them what they wanted to hear. They told me that I would go to jail for a long time and I would be lucky if I ever got out, especially because a police officer got killed... I didn't want to go to jail because I didn't do nothing wrong. I was only sixteen and was so scared of going to jail. They kept saying that...[Troy] had messed with that man up at Burger King and killed that officer. I told them that it was Red and not Troy who was messing with that man, but they didn't want to hear that...
After a couple of hours of the detectives yelling at me and threatening me, I finally broke down and told them what they wanted to hear. They would tell me things that they said had happened and I would repeat whatever they said.

Here is the recantation from the homeless man who was assaulted, Larry Young:
After I was assaulted that night, I went into the bathroom at the bus station and tried to wash the blood off my face. I had a big gash on my face and there was blood everywhere. I was in a lot of pain. When I left the bathroom, some police officers grabbed me and threw me down on the hood of the police car and handcuffed me. They treated me like a criminal, like I was the one who killed the officer. Even though I was homeless at that time and drinking and drugging, I didn't have nothing to do with killing the officer. I told the officers that, but they just locked me in the back of the police car for the next hour or so. I kept yelling that I needed to be treated but they didn't pay me no mind. They then took me to the police station and interrogated me for three hours. I kept asking them to treat my head, but they wouldn't.
They kept asking me what had happened at the bus station, and I kept telling them that I didn't know. Everything happened so fast down there. I couldn't honestly remember what anyone looked like or what different people were wearing. Plus, I had been drinking that day, so I just couldn't tell who did what. The cops didn't want to hear that and kept pressing me to give them answers. They made it clear that we weren't leaving until I told them what they wanted to hear. They suggested answers and I would give them what they wanted. They put typed papers in my face and told me to sign them. I did sign them without reading them.
I never have been able to make sense of what happened that night. It's as much a blur now as it was then.

There is also additional testimony from new witnesses implicating Red Coles.
Two witnesses have not recanted their testimony. One is a man who told police just hours after the incident that he wouldn't be able to recognize the killer, but managed to identify Troy Davis as the murderer at the trial two years later.
The other witness sticking to his story is Red Coles.
The court has granted Davis thirty days to try for the U.S. Supreme Court which has already turned down the chance to consider his case once earlier this session. If the Court doesn't decide to hear his case, Georgia may execute as early as June.

19 comments:

  1. DD. Collins was a juvenile, and I'm told that it's the law in GA. that a parent or guardian be present during police questioning. So, assuming the cops followed procedure, then Collin's parents were there at the time he gave his statements and the parents would have read the signed statement even if the kid didn't..

    Hmmm...

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  2. Oh yes, I forgot...

    Please try to get the first trial transcript! I can't find it anywhere on the web.

    Thanks a bunch Jill..

    Mitchell Lee

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  3. where did you hear that about not questioning minors without a guardian? it would be nice, since they can't even get aspirin without permission, but i haven't heard that. lexis-nexis tells me there's something about minors and questioning in georgia code title 24 chapter 10. http://www.lawskills.com/code/ga/24/10/index.html
    wanna go through it with me? i'll start at one and you start at 154 and go back?
    from the account d.d. gives, i don't think there was a guardian, yet his testimony was given. ?
    you're really gonna make me get the transcript, ain't ya? ok.
    have you seen manhattan murder mystery? it's a woody allen movie. i think it's him and diane keaton trying to solve a murder.

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  4. I didn't find the relevant code.

    I think I first heard of this at the Fraternal Order of Police memorial site for Mark Macphail. Here's a link to one of them:
    http://www.markallenmacphail.com/Inconsistent.htm

    I found other web comments affirming this claim but nothing exceedingly credible.

    Perhaps they were thinking of the admissibility rules of minor witnesses? I don't know..

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  5. I'll have to rent that movie..
    Haven't seen it yet.

    I think it's easy to understand the logic of having "high bar" of requirements for exculpatory evidence from eyewitnesses.
    One of the main reasons is witness safety. Imagine living in Columbia, South America, and you are a witness to a drug cartel crime. Even if the government went to extreme measures to protect the witness before and during trial, it would be useless effort if the cartel merely needed to intimidate witnesses at any latter date. Witness intimidation could at the very least provide and unending cycle of trials.

    Again though, read this from the SCOTUS - In Schlup, the Supreme Court held that a petitioner who makes the requisite showing of
    actual innocence may be able to obtain federal review of any constitutional claim that would
    otherwise be defaulted because the petitioner failed to raise that claim in state court. 513 U.S. at
    314-17, 115 S. Ct. at 861-62.

    The 11th CC :
    And we made clear in our opinion that Davis had “not
    ma[d]e a substantive claim of actual innocence.” Id. at 1251.

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  6. yeah, it definitely makes sense to have a high bar on recantations. but the bar we're dealing with might need some adustment and the court also needs to admit the new witness since his testimony is of higher quality than the trial testimony and it would be pivotal like those quotes i gave you on metro spirit. the recantation standard only lets in evidence when each bit can stand on its own to change the verdict (so no cumulative) and if the prior testimony is proven to be physically impossible. it just doesn't allow for recantations, really or makes them beside the point. knowing that witness testimony is really unreliable and that people are wrongly convicted, there needs to be some way to correct mistakes or at least check for them in cases where a reasonable doubt occurs. even if the timing is wrong. if someone may be getting executed wrongly, there needs to be a way to catch it.
    11t cc opinion. what do you understand that to mean? i'll look at it and get back to you.

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  7. I agree that physical evidence of proof of innocence should always be grounds, but I don't know how one could measure a recantation. I mean, a lie is a lie, Unless it leads to something concrete.


    I had an idea a long while ago when back in college.. due to advancing medical knowledge, we know how some chemical brain injuries can cause permanent amnesia, severe enough so that there is no chance for memory recovery, but not debilitating enough to prevent relearning rehabilitation. What if mankind replaced executions with a complete "Brain Wipe"? We would be effectively killing the personality that had caused the evil, but would be saving the body, which is so much more palatable for the families and the soft hearted. Strange thought huh?

    I personally am very sympathetic to my fellow man. I have imagined in my own nightmares that which Troy has faced and may face in real life. I find it abhorrent the idea that a good faithful life of 50 years can be destroyed in just 1 bad day. With just one poor choice one can destroy a life of many good choices. In Troy's case he's made many bad choices with little reason to believe he would change his path.
    I have been very very blessed in my life that several of my poor choices passed without me having to pay dire consequences.

    I really don't think I'm jaded, I just sense a different character in Troy than do his supporters. In a previous line of work I depended on my sense of "personality" perception, and frankly I see nothing good in Troy. He did not have compassion for the Macphail family early in this saga, as he admitted that he didn't snitch out of a twisted sense of street honor (my words - I've forgotten how he worded it in one new quote I read)
    If I saw a man get shot, I would do all I could to save his life and failing that, I would do all I could to comfort and to help them. Only if I were guilty, would my conscience be overcome by my need to flee. Ask yourself what you would have done on that day.

    Sure, Running doesn't make you a murderer, but it does make one a selfish uncaring ass. And if Troy's an ass, why are so many loving caring people trying to stand up for him?..

    That gets to my last point for the night. If Davis' supporters were to "Cut the propaganda" and deal honestly with the case, then those that would continue the fight, as I imagine you would, would be more pure of heart, able to have compassion on those who are not friendly, sweet, and pretty. As for the rest of America, They would fail to hide behind stereotypes and laugh at the "duped lefties" that believe bs. As a liberal myself, I hate to have to listen to wingnuts spout off about silly nitpicks that let them avoid deeper, thornier questions.

    Have a good night..

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  8. well, i don't know about bad things that davis has done, but we have to be careful with the death penalty. for many people, the worst problem with capital punishment is the chance of making a mistake and killing someone who didn't commit the crime being punished. a lot of people and maybe even all of us has done bad things. carrying a weapon without a license is bad. driving without insurance is bad. driving drunk is quite bad considering how dangerous it is and how many of us do it. hassling classmates is bad. i'm not saying davis did all those things, but none of them are punishable by death here. and if he didn't commit the crime that he was convicted and sentenced for, he shouldn't be executed. i don't know why all the protestors protest this, but it's worth caring about the principle even if not the individual. (i'd say both is fine.) it's the old standard of protecting free speech even when it's speech we don't like or agree with. we have to make sure our system doesn't push executions through when there's a chance of innocence. bob barr wrote about it for the new york times. he says the lower courts misread the antiterrorism laws that he helped write.
    http://www.nytimes.com/2009/06/01/opinion/01barr.html?ref=opinion

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  9. oh, speaking of brain wipe, yeah, that's definitely an interesting direction to take. do you watch dollhouse? it's about indentured servants sort of who have their brains wiped and then are reprogrammed to clients' specifications.
    http://www.hulu.com/dollhouse

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  10. I agree that extra care and diligence should be given by investigators for all capital crimes. I personally believe there could have been more forensic evidence in this case than what was presented or pursued. Of course a large constraint on this is cost. Who would pay for the extra CSI personnel, equipment and time? Honestly, it is a little bit disingenuous to protest cases similar to Troy's and not support the tax monies to fund better quality investigations. I think the general public's avoidance of high crime area issues perpetuates steady stream of criminals into our society. People who grow up in neighborhoods without much hope and positive role models aren't likely to grow a strong sense of empathy toward their fellow man. It is these people around us that are most likely to turn to violent crime. This is of course not an absolute rule but in my anecdotal experience it is significant.
    Perhaps local governments should have separate crime reduction committees to brainstorm better child care, education, employment opportunities, curfews, and environmental designs of these areas. By far the best option for you and I to agree on would be that if Troy, Red Coles, DD. Collins, and the homeless man had better opportunities and distinct societal involvement that there could have been a scene where there was no homeless man walking the street at night to rob of his angst numbing beer and neither Troy nor Red were out roaming the streets at night as they could have had fulfilling jobs and lives that did not entail and violence or intimidation or weapons. In that case you or I would not be in any disagreement on the current issue of guilt.

    Being a Girl, you will never understand the horrific effects or feelings of testosterone overdose, but unfortunately men and boys of all ages suffer from this. The desire to be tough and combative is sadly natural in boys and the lengths some males will go to prove themselves often gets them in horrible trouble, either in joining gangs of ne'er do wells or joining the military or police forces. Where women have cravings and "nesting" urges during pregnancy, men get hit with the subconscious need to protect and provide. Consciously and subconsciously guys in hopeless situations "freak out" when they realize that they cannot satisfy this need. I think this is a key that starts all kinds of strange male coping behavior.

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  11. oh man, more funding so that we don't have homeless people and poor people who are hopeless and young unemployed men who are angry with representatives of the system? that would help bunches, i'm sure. it seems to help in more socialist countries. but here in georgia, we're facing serious funding cuts. right now there's a fight between the governor and the state judicial system. he's trying to cut their budget 25%.

    http://www.pddnet.com/news-ap-ga-justice-to-address-funding-crisis-060209/

    that's not going to get more forensics, investigation, or public defense.
    but if you wanna pressure richmond county to do some of the things you listed here, count me in.
    and thanks for capitalizing "girl." makes me feel special. i don't know about testosterone surges i guess, but i've always been at least as mean as the guys i've gone out with. and a lot of women can be pretty ok with killing, even if it's not up close or with their bare hands. sarah palin loves to hunt, for instance. and a lot of prosecutors who win capital cases are women.

    http://www.alternet.org/rights/140398/200_executions_and_counting:_texas_gov._rick_perry's_cruel_death_tally/

    our very own district attorney, ashley wright, is undefeated, i think, with seven death sentence convictions. they say she smiles a lot during.

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  12. Any luck getting the original trial transcript? I still can't find it! How can anyone rightfully discuss this issue without it? This is madness...

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  13. hey, mitchell. no i don't have it. the thing for me is more about the courts than the particular case. i like your dectective tendencies, but i'm more creeped out by the overall possibility of executing people without looking at evidence of innocence.
    you've been such a sport, i'll try again to get the transcript tomorrow. that'll be my goal for the day.

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  14. Thank you, thank you!

    Since last talking to you, I have found many disturbing inconsistencies with both Troy's sister and his mother's claims. These aren't terribly important to his case as they are simply claims of his character before the murder.
    The inconsistencies include the "football" coaching career, the amount of money he gave to his mother each week and his employment at the time. His father's employment history and Troy's school record also don't exactly jive with their claims over time. I've been good not to make a big deal over it at the forums as I feel that what his mother and sister claim aren't the main issues.

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  15. I have two beautiful daughters that I would give my life to protect from the pure evil that typically resides on death rows everywhere. My main concern it that they never meet any of these men or any like them. (Should I move to Antarctica?)
    I would push for social reform to produce less criminals preying on an innocent public. I am a proponent of universal health care and universal education. 100% free to the public. Sickness and ignorance is just too expensive to our society.

    Wow .. a bit off topic.. sorry.

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  16. off topic is talking about fishing. you're branching off. valid. i wasn't getting into the comments so i posted a post about going to savannah tomorrow. what should i look for for you? the clerk says there are 21 folders of transcript. 25 cents a page to copy. tell me what you want me to bring back and i'll do my best.
    sickness and ignorance are expensive. misery in general harshes the mellow of anyplace. we're too rich to be this poor.

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  17. Wow, that's a lot! Well I would be interested in the police testimony, any testimony by Troy and his Mom and Sister, if it's related to that night. Also I'd like Testimony from Coles Too. I would be happy to help with the cost. Do you have a Paypal account, or would you want me to mail it to you? Do you have a document scanner?

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  18. ok. my impression skimming through it was that there's lots of police testimony. lots and lots. none of them witnessed anything. there were about 8(?) cops who testified. do you want all of it? i don't know how many pages that would be, maybe 100 or 200? coles and troy's would be about 100 more and i don't think the sister and mother would be too many. email me and we'll work something out. i plan on going back wednesday. jillepeterson@gmail.com

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