The Fight Continues

I watched dumbfounded last night as the state of Georgia and the U.S. Supreme Court decided to murder Troy Davis at 11:08 p.m. It is disgusting, it is disappointing, and yes, it is even discouraging to see that all of the work that so many people did to try to save Troy ended with his death. Yet, it is important that we all remember the words that Troy himself said,

he struggle for justice doesn't end with me. This struggle is for all the Troy Davises who came before me and all the ones who will come after me. I'm in good spirits and I'm prayerful and at peace. But I will not stop fighting until I've taken my last breath."

We need to take a lesson from Troy today and understand that while we may not have been able to spare Troy last night, while the government may have ignored our cries to spare him and to end these unjust, state-sanctioned murders, while it may seem bleak and hopeless now, we must not stop our fight to end the death penalty in the United States. We must, as Troy said, not stop fighting until we take our last breath. We must not let Troy's death be in vain. Today, as we mourn Troy's death we must also be revitalized, and know that the fight is not over, and, if nothing else can come of this, there is at least fuel to our fire to end capital punishment in this country. Troy will not die for nothing. When the day comes that the government finally listens to our cries and sees that the death penalty is arbitrary, racially skewed, and socio-economically skewed, and when they decide to put a moratorium on the death penalty, then we will thank Troy for the terrible sacrifice that he made so bravely in the name of justice.

Don't give up the fight. Stand tall against the death penalty and do not be discouraged. Today, our thoughts are with Troy's family in mourning. Tomorrow, our thoughts will be focused on ending this injustice in our country.

Troy Davis: Ten reasons why he should not be executed

From Ed Pilkington at The Guardian.

In 2007 the Georgia Board of Pardons and Paroles, the body which has the final say in the state on whether executions should go ahead, made a solemn promise. Troy Davis, the prisoner who is scheduled to die by lethal injection at 7pm local time on Wednesday, would never be put to death unless there was "no doubt" about his guilt.
Here are 10 reasons why the board – which decided on Tuesday to allow the execution to go ahead – has failed to deliver on its promise and why a man who is very possibly innocent will be killed in the name of American justice.
1. Of the nine witnesses who appeared at Davis's 1991 trial who said they had seen Davis beating up a homeless man in a dispute over a bottle of beer and then shooting to death a police officer, Mark MacPhail, who was acting as a good samaritan, seven have since recanted their evidence.
2. One of those who recanted, Antoine Williams, subsequently revealed they had no idea who shot the officer and that they were illiterate – meaning they could not read the police statements that they had signed at the time of the murder in 1989. Others said they had falsely testified that they had overheard Davis confess to the murder.
3. Many of those who retracted their evidence said that they had been cajoled by police into testifying against Davis. Some said they had been threatened with being put on trial themselves if they did not co-operate.
4. Of the two of the nine key witnesses who have not changed their story publicly, one has kept silent for the past 20 years and refuses to talk, and the other is Sylvester Coles. Coles was the man who first came forward to police and implicated Davis as the killer. But over the past 20 years evidence has grown that Coles himself may be the gunman and that he was fingering Davis to save his own skin.
5. In total, nine people have come forward with evidence that implicates Coles. Most recently, on Monday the George Board of Pardons and Paroles heard from Quiana Glover who told the panel that in June 2009 she had heard Coles, who had been drinking heavily, confess to the murder of MacPhail.
6. Apart from the witness evidence, most of which has since been cast into doubt, there was no forensic evidence gathered that links Davis to the killing.
7. In particular, there is no DNA evidence of any sort. The human rights group the Constitution Project points out that three-quarters of those prisoners who have been exonerated and declared innocent in the US were convicted at least in part on the basis of faulty eyewitness testimony.
8. No gun was ever found connected to the murder. Coles later admitted that he owned the same type of .38-calibre gun that had delivered the fatal bullets, but that he had given it away to another man earlier on the night of the shooting.
9. Higher courts in the US have repeatedly refused to grant Davis a retrial on the grounds that he had failed to "prove his innocence". His supporters counter that where the ultimate penalty is at stake, it should be for the courts to be beyond any reasonable doubt of his guilt.
10. Even if you set aside the issue of Davis's innocence or guilt, the manner of his execution tonight is cruel and unnatural. If the execution goes ahead as expected, it would be the fourth scheduled execution date for this prisoner. In 2008 he was given a stay just 90 minutes before he was set to die. Experts in death row say such multiple experiences with imminent death is tantamount to torture.

Article here: http://www.guardian.co.uk/world/2011/sep/21/troy-davis-10-reasons?newsfeed=true

UPDATE on Troy Davis

Just a few quick updates on Troy Davis:

A defense attorney for Troy Davis, Stephen Marsh, said today that Georgia Department of Corrections have denied his request to administer a polygraph test to Davis. Why the request was denied is still not known. Davis is still scheduled to be executed this evening, September 21, 2011, at 7 p.m.

The list of supporters for Davis has grown, as even supporters of the death penalty urge the George Board of Pardons and Paroles to reconsider their decision to not grant Davis clemency. William Sessions, former head of the FBI under Reagan, the Pope, Archbishop Desmond Tutu of South Africa, Former President Jimmy Carter, and Georgia Supreme Court Justice Norman Fletcher have already made their support for Davis known. Additionally, former Georgia Congressman Bob Barr has stated that while he supports the death penalty, there is simply TOO MUCH DOUBT to execute Troy Davis. Also, Mark White, former governor of Texas who preside over the executions of 19 people during his time in office has also shown his support for Davis saying he should not be executed.

Clearly, the huge push by human rights groups and other groups across the country have been working, as the phone lines for the Georgia Board of Pardons and Paroles have been busy throughout the day. I urge all of you to continue calling and emailing the Board to reconsider and grant Davis clemency. Call them at: 404-656-5651 or email: clemency_information@pap.state.ga.us OR webmaster@pap.state.ga.us. Or contact Judge Freesemann at pfreesemann@chathamcounty.org.

Keep up the campaign!

Troy Davis and our "Justice" system

I am dumbfounded at the decision today by the Georgia Board of Pardons and Paroles to NOT allow Troy Davis clemency. His execution is set for tomorrow, September 21, 2011, and it seems his chances for yet another stay of execution are slimming, despite the intense attention Davis's situation has received over the past few weeks.

In an amazing display of the ways in which social media can motivate scores of people, groups such as Amnesty International, anti-death penalty groups, and other human rights and religious organizations have managed to gather over 1million signatures to be taken to the Board to petition them to spare Davis's life. Unfortunately, despite these signatures and the cries of such individuals as Former President Jimmy Carter, Georgia Supreme Court Justice Norman Fletcher, and Pope Benedict XVI, the Board has decided to allow what is effectively a state-sanctioned lynching.

It was a failure in the justice system that put Davis here. As Nation reporter, Dave Zirin, puts it in his article "Tomorrow, Georgia Murders Troy Davis," he says that while Davis has maintained his innocence from day one, "He was the wrong color, in the wrong place, at the wrong time, with the wrong bank account and the wrong legal team, so he was thrown into the death house with little fanfare." After all, death penalty cases are, more often than not, racially and socio-economically skewed, with more death sentences being handed out when the victim is white, the person on trial is a minority, and the person has little finances for decent legal council. And it is a gross miscarriage of justice that keeps Davis on death row, as the evidence for his innocence mounts.

But Davis's innocence is really not the issue here. What does matter is that there is simply too much doubt of the man's guilt for him to be executed. Davis's conviction is for the 1989 killing of Savannah, Georgia officer, Mike MacPhail. Davis was put in jail because of nine eye-witness testimonies that placed him at the shooting, seven of which have since recanted their testimonies entirely. One jury member that convicted Davis even stepped forward to the Board and told them she would not have convicted him, given what she knows now. Additionally, three jurors have signed affidavits saying the same thing. Aside from eye-witness testimonies, there was and is no evidence linking Davis to the murder.

For Davis, the options are slimming. Quickly. The Supreme Court could intervene in the case or the Board could withdraw its death warrant, after all, they permitted a stay of execution three times previously. What is likely is that regardless of the outcome of this particular case, the American people are beginning to lose faith in the justice system and its flaws are becoming more and more apparent. As Troy sits in his cell, waiting out what may be his final hours, the conversation on the death penalty in America seems to be changing. Perhaps this will lead to a final moratorium on state-sanctioned murder in the United States. I just hope that Troy Davis's life isn't lost before that happens.

Too Much Doubt

The last two weeks have been tough. First, on September 6, 2011, Judge Jeffrey Manning of the Allegheny County Court of Common Pleas formally sentenced William Poplawski to death. Then, after an evidentiary hearing that took 2 & a half days, the same Judge Manning denied PCRA relief to Richard Baumhammers FROM THE BENCH. No need to think about, it, Judge, it's only a CAPITAL CASE! But the Pittsburgh Post-Gazette had a great editorial today, comparing the callousness of Rep. Ron Paul's answer to Wolf Blitzer's question about an indigent man who had no money nor health insurance but collapsed and needed six months of health care by saying that in a free society, people have to have responsibility for themselves (in other words, if he dies, he dies) with the reaction to Brian Williams' question to Gov. Rick Perry about how many executions over which he's presided as Governor of Texas and the applause of the crowd before Williams even finished the question. Those folks are cold, mean, and selfish. I don't believe that's who we are as a people. And of course, Governor Perry and other Texas governors have presided over the executions of people who were very likely innocent of the crimes -- like Cameron Todd Willingham, Gary Graham, and Leonel Herrera.

Troy Davis' Execution Day set

After more than 20 years on death row and countless pleas of his innocence, Troy Davis' day of execution has been set for September 21, 2011 by the Georgia prison system.

Davis was convicted in the 1989 killing of Savannah, Georgia, police officer Mark MacPhail. Throughout his time on death row, Davis has maintained his innocence. Four times, the Georgia prison system has set a date for his execution and four times it has been prevented. Davis' conviction was based on the eye-witness testimonies of nine individuals; seven of which have since recanted or changed their testimony.

Of all the arguments against the death penalty, perhaps the most compelling is the fact that innocent people have been executed before, and innocent people can be executed again. Now, with Troy Davis' execution imminent, it is of the utmost importance that we speak up against the horrible injustice that is the death penalty.

His execution has been stopped before and it can be stopped again. Here is what you can do to help:

1. Sign this Amnesty International Petition and oppose the death penalty for Troy Davis : http://bit.ly/mR9VSQ


2. Rally with others around the country. Sign up with Amnesty International: http://bit.ly/rniZoM


3. Spread the word on your Facebook and Twitter. Use the hash tag #TooMuchDoubt

Powerful statement from lawyer of Teresa Lewis who was executed

Dear friends:

Below is a message from Andrea Bible, of the National Clearinghouse for the Defense of Battered Women. Her email appeared in our mailboxes today, and with her permission, we're sharing it with you. It's long, but incredibly important. We thank her, the National Clearinghouse, and all of you for what you do.

 
Dear ones:
Today I am grieving.
I am grieving because last night, just after 9pm Eastern time, people in the State of Virginia killed Teresa Lewis.
I am grieving because the people who were given the power to decide whether or not to kill Teresa Lewis were unswayed by new evidence showing she was not the mastermind behind the crimes, as the judge who sentenced her to death believed her to be.
I am grieving because we live in a country where politicians and the courts believe it is ok to use the state's resources to kill someone.
I am grieving because we live in a country where politicians and the courts believe it is ok to use the state's resources to kill someone who functions at the level of a 13-year-old.
I am grieving because my colleagues and I, Teresa's attorneys, and many other advocates and supporters around the country who worked to prevent her senseless and unnecessary death were not powerful enough to stop it.
I am grieving because the alternative that I was fighting for -- that Teresa's life be spared -- would have meant that she would have spent the rest of her life prison in conditions of isolation and deprivation.
I am grieving because I keep hearing the voice of my friend Susan, who at age 19 plead to 25-to-life to avoid the death penalty for killing the man who held her hostage and abused her, saying, "It was exactly like my abuser. The state said that they were going to kill me, just like he used to tell me."
I am grieving because there are women whom I respect, admire, and am inspired by -- like Tracee, Ellen, Susan, Sara, and countless others -- who also faced the death penalty and now are serving Life Without Parole sentences.
I am grieving because I am remembering Deborah Peagler, who died earlier this year of lung cancer after being released from CA prison after serving more than 26 years; Debbie plead guilty in 1983 to avoid the death penalty, only to have her attorneys discover documents in 2005 showing that the prosecutor knew at the time that they did not have sufficient evidence against her to pursue the death penalty.
I am grieving because I know that the men who Teresa Lewis and her co-defendants killed didn't deserve to be killed either.
I am grieving because today, the state of Georgia is preparing to kill Brandon Rhode, whose execution was postponed earlier this week after he tried to commit suicide.
I am grieving because 35 states still have the death penalty, and there are 14 executions scheduled between now and the end of the year, and another six already scheduled in 2011.
I am grieving because our prisons are full of black and brown people, poor people, queer, transgender and gender non-conforming people, people with mental health issues, people with disabilities, people who have been subjected to horrors, people who have been neglected, people who are incredibly talented artists, people who are loving parents, people with incredible gifts, people who deserve the opportunity to express their full potential, people who deserve to live free of fear and deprivation, and people who, despite all they have endured, manage to sustain more moments of dignity and resistance and humor and humanity than I ever would have imagined possible.
I am grieving because sometimes it feels like too much; too much suffering and oppression and trauma and violence to stop.
I am grieving and I am outraged.
And I am hopeful.
I am hopeful because I know that I am a part of a powerful movement for justice, for healing, and for collective liberation.
I am hopeful because even in my grief, I feel profoundly connected to all of you who share this commitment to building another world, one where all people have access to the material, educational, emotional, and spiritual resources necessary to be safe in thrive in our communities.
I am hopeful because I am privileged to work with amazing women who join me everyday in the struggle for justice.
I am hopeful because I know that people all over the world expressed opposition to the killing of Teresa Lewis.
I am hopeful because I have witnessed, and been a part of, countless acts of resistance to the forces of violence and oppression.
I am hopeful because many of those acts of resistance have resulted in powerful, meaningful, liberatory changes.
I am hopeful because I don't have to look all that hard to see evidence that we are doing it, we are building the world we want and deserve.
I am hopeful because I have to be. There is no alternative.
And I am grateful.
I am grateful to each of you for being a part of the struggle alongside me, in your own ways.
I am grateful for the ways that each of you sustain me and my spirits, even from afar.
I am grateful for the many expressions of support and solidarity that people sent to Teresa, her attorneys, my colleagues, and me this week.
I am grateful to Teresa's attorney and to the countless other volunteer attorneys throughout the country who dedicate themselves to fighting for justice.
I am grateful that Gaile Owens, who was set to be executed by the State of Tennessee next Tuesday, had her sentenced commuted in July to life with the possibility for parole by Governor Bredesen.
I am grateful for the countless organizations and affinity groups and collectives and individuals who work so determinedly to create the change we want to see and to build the world in which we all deserve to live.
I am grateful for the opportunity to confront the dissociation and fatigue that comes from absorbing too much suffering and trauma, to tap into my grief and outrage, to express myself, and to move, once again, toward action.
And I am grateful for this life and the chance to be my best self. I hope to do right by it.
Onward,
Andrea
PS: Today I am going to make a donation to the National Coalition to Abolish the Death Penalty in Teresa Lewis' honor. If you want to join me in doing so, you can donate online at http://ncadp.org/
I also am feeling especially proud of the work of the National Clearinghouse for the Defense of Battered Women this week; if any of you want to send them some love this week, too, you can go to http://www.ncdbw.org/more.htm
And I also am always grateful for the work and leadership of Critical Resistance and their vision of creating genuinely safe and healthy communities that respond to harm without relying on prisons and punishment. To support their work, go to:http://criticalresist.live.radicaldesigns.org/article.php?id=55