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Big_Bird

Joined: 31 Jan 2003 Location: Sometimes here sometimes there...
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Posted: Thu Sep 22, 2011 2:35 pm Post subject: 10 Reasons why the state should not have murdered Troy |
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http://www.guardian.co.uk/world/2011/sep/21/troy-davis-10-reasons
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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.
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What an absolute nightmare. I've followed this a little, hoping sanity and reason would prevail. Sadly it didn't.
Can't an advanced society like America do better than that? And why aren't that many people in uproar about it (I'm talking proportionally). This is why I will never support capital punishment. Too easy to murder someone who may be innocent. And apparently, in Georgia, too difficult to deter an execution of someone who in all likelihood was innocent. The wheels were set in motion, and it couldn't be stopped. Ridiculous. And terrifying. |
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northway
Joined: 05 Jul 2010
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Posted: Thu Sep 22, 2011 4:16 pm Post subject: |
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There's a huge uproar about it. I'm actually surprised it's gotten as much press as it has, considering the state of the economy. |
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Ya-ta Boy
Joined: 16 Jan 2003 Location: Established in 1994
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Posted: Thu Sep 22, 2011 4:27 pm Post subject: |
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I also oppose the death penalty. However, I think it's important to remember murder is a state, not a federal, crime. Here are the states that do not have capital punishment, with the year that state abolished it in parentheses.
Alaska (1957)
Hawaii (1957)
Illinois (2011)
Iowa (1965)
Maine (1887)
Massachusetts (1984)
Michigan (1846) *Michigan has never had capital punishment
Minnesota (1911)
New Jersey (2007)
New Mexico (2009)
New York (2007)
North Dakota (1973)
Rhode Island (1984)
Vermont (1964)
West Virginia (1965)
Wisconsin (1853)
ALSO
- Dist. of Columbia (1981)
17 jurisdictions out of 51 don't have capital punishment.
For cultural context: The last executions in the United Kingdom, by hanging, took place in 1964, prior to capital punishment being abolished for murder (in 1969 in Great Britain and in 1973 in Northern Ireland). Although not applied since, the death penalty remained on the statute book for certain other offences until 1998...
A November 2009 television survey showed that 70% favoured reinstating the death penalty for at least one of the following crimes: armed robbery, rape, crimes related to paedophilia, terrorism, adult murder, child murder, child rape, treason, child abuse, or kidnapping. However, respondents only favoured capital punishment for adult murder, the polling question asked by other organisations such as Gallup, by small majorities or pluralities: overall, 51% favoured the death penalty for adult murder, while 56% in Wales did, 55% in Scotland, and only 49% in England.(Wikipedia)
I think it's quite difficult to get a legislative majority to vote against public majorities.
In the last week, the US Supreme Court granted stays twice and considered granting one to Troy Davis. It's clear something is afoot in the Court.
Two smart articles by Dahlia Lithwick:
The Slow Death of Certainty
In the debate over capital punishment, the desire for certainty is finally beginning to carry as much weight as the need for finality. Americans are asking not so much whether this particular prisoner should be killed as whether this whole capital system is fair...That question�why and how many of us are willing to tolerate error to achieve finality�is the real dispute here. And it's why, in the Davis case as in almost all death penalty cases, the two sides have talked past each other for so long.
http://www.slate.com/id/2304140/
A Killer Issue
In recent weeks, leading Republicans have made plain they don't believe in government-run health care (lo, even unto death). They don't believe in inoculating children again HPV (lo, even unto death). They don't believe in government-run disaster relief (ditto, re death), the minimum wage, Social Security, or the Federal Reserve. There is nothing, it seems�from protecting civil rights to safeguarding the environment�that big government bureaucracies can't foul up.
But there is one exception: killing people. These same Republicans who are dubious of government's ability to do anything right have an apparently bottomless faith in the capital-justice system. Everything is broken in America, they claim�except the machinery of death.
http://www.slate.com/id/2303922/
Having said all that, I find it very hard to object to the execution of Lawrence Russell Brewer who was executed Wednesday. (He was one of the three who dragged that man to death behind a pickup truck.)
Last edited by Ya-ta Boy on Thu Sep 22, 2011 5:02 pm; edited 2 times in total |
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stilicho25
Joined: 05 Apr 2010
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Posted: Thu Sep 22, 2011 4:27 pm Post subject: |
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The uproar bothers me. I have no idea if this guy was guilty, and the wikipedia article didn't make the case any more clear. However, I think liberals will use this opportunity to spread their awful anti-capital punishment propaganda. Luckily, most americans are much like me, and support for this is double the opposition, and hardcore support is triple hardcore opposition. |
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Kuros
Joined: 27 Apr 2004
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Posted: Thu Sep 22, 2011 4:45 pm Post subject: |
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I am strongly opposed to the death penalty. The state cannot be trusted to such a power, and neither do I trust a jury to judge whether a man should live or die. I remain confident that within several generations the US Supreme Court will declare the death penalty unconstitutional. But in the meantime . . . |
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Ya-ta Boy
Joined: 16 Jan 2003 Location: Established in 1994
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Posted: Thu Sep 22, 2011 5:09 pm Post subject: |
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to spread their awful anti-capital punishment propaganda |
Why 'awful'?
I prefer to not execute the Lawrence Russell Brewers of the world so we do not execute the Troy Davises and Cameron Todd Willinghams of the world. I want certainty. |
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bigverne

Joined: 12 May 2004
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Posted: Thu Sep 22, 2011 5:11 pm Post subject: |
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I find it very hard to object to the execution of Lawrence Russell Brewer who was executed Wednesday |
One wonders if you would feel this way if the races of the victim and perpetrator were reversed. |
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Unposter
Joined: 04 Jun 2006
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Posted: Thu Sep 22, 2011 5:12 pm Post subject: |
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This is truly a bizzare case and I don't understand why someone could have stepped in (let's say the governor and at least commute his sentence to life in prison).
Yesterday was a very, very sad day. |
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northway
Joined: 05 Jul 2010
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Posted: Thu Sep 22, 2011 7:28 pm Post subject: |
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stilicho25 wrote: |
The uproar bothers me. I have no idea if this guy was guilty, and the wikipedia article didn't make the case any more clear. However, I think liberals will use this opportunity to spread their awful anti-capital punishment propaganda. Luckily, most americans are much like me, and support for this is double the opposition, and hardcore support is triple hardcore opposition. |
Foolish liberals, opposing the death of (potentially) innocent individuals.
bigverne wrote: |
Quote: |
I find it very hard to object to the execution of Lawrence Russell Brewer who was executed Wednesday |
One wonders if you would feel this way if the races of the victim and perpetrator were reversed. |
Considering he brought up Cameron Todd Willingham, I'm guessing he's more concerned with the execution of innocents than with the race issue. Open and shut murder by dragging is one thing, questionable arson and/or murder is another thing. |
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Kimbop

Joined: 31 Mar 2008
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Posted: Sat Sep 24, 2011 3:23 pm Post subject: |
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There's a reason more than a dozen courts have looked at Davis' case and refused to overturn his death sentence. It's because he's guilty, plain and simple. Liberals refuse to acknowledge the facts, and what we're seeing is simple lobbying. Most of those calling for clemency were doing so not because there was any evidence, but simply because they opposed the death penalty.
Facts:
- He shot a cop in full view of dozens of witnesses in a Burger King parking lot, only a few hours after shooting at a passing car while exiting a party.
- After a two-week trial with 34 witnesses for the state and six witnesses for the defense, the jury of seven blacks and five whites took less than two hours to convict Davis of Officer Mark MacPhail's murder, as well as various other crimes. Two days later, the jury sentenced Davis to death.
- shell casings from both shootings that night matched.
- several of the eyewitnesses knew Davis personally.
- all witnesses -- every one of them -- said the shoopter had a white shirt. (Sylvester "Redd" Coles wore a yellow shirt..)
- three members of the Air Force saw the shooting from their van in the Burger King drive-in lane. The airman who saw events clearly enough to positively identify Davis as the shooter explained on cross-examination, "You don't forget someone that stands over and shoots someone." None of them recanted.
- Three recantations were from friends of Davis, making minor or completely unbelievable modifications to their trial testimony. For example, one said he was no longer sure he saw Davis shoot the cop, even though he was five feet away at the time. His remaining testimony still implicated Davis.
- One alleged recantation, from the vagrant's girlfriend (since deceased), wasn't a recantation at all, but rather reiterated all relevant parts of her trial testimony, which included a direct identification of Davis as the shooter.
- Only two of the seven alleged "recantations" (out of 34 witnesses) actually recanted anything of value -- and those two affidavits were discounted by the court because Davis refused to allow the witnesses to testify at the post-trial evidentiary hearing, even though one was seated right outside the courtroom, waiting to appear. The court specifically warned Davis that his refusal to call his only two genuinely recanting witnesses would make their affidavits worthless. But Davis still refused to call them, simply because their testimony would not have held up under cross-examination.
- legal shenanigans have kept taxpayers on the hook for Davis' room and board for the past two decades
More facts: A must-read:
Quote: |
http://www.heraldsun.com.au/opinion/no-getting-around-murder-evidence/story-fn5sqiu3-1226145301662
But, despite the claims by Davis's lawyer that his execution was a "legal lynching", a sober reading of the evidence would suggest whatever objections you might have to his execution, Davis's innocence shouldn't be one of them. And you certainly shouldn't worry that he wasn't given the chance to have his claims considered properly.
For in addition to an extraordinary US District Court hearing granted to him by order of the US Supreme Court in 2009, Davis's evidence for his innocence was examined by the Georgia State Supreme Court, its Board of Pardons and Paroles and a Federal Court of Appeals.
The Georgia Board of Pardons alone spent more than a year studying and considering Davis's case, giving his lawyers opportunity to call - and question closely - every witness they wanted. It also read Davis's trial transcript, the police investigation reports and the original witness statements, had physical evidence retested, and interviewed Davis.
By the time US District Court Justice William T. Moore - a Clinton administration appointment - last year came to hear Davis's extraordinary Supreme Court-ordered appeal, most of the evidence on which it was based was almost 10 years old.
His 174-page judgment, reached after a two-day hearing in which Davis's lawyers were again allowed to call witnesses, demolished many of the claims repeatedly aired last week.
Indeed, it is hard not to agree with Spencer Lawton, the man who prosecuted Davis in 1991, when he said last week that many of those calling for clemency were doing so not because there was any evidence exonerating him but because they opposed the death penalty.
It was reported repeatedly last week that seven witnesses at Davis's trial had recanted their evidence.
Wrong. One merely said he couldn't now remember what he said 20 years ago.
Another - a friend of Davis's - recanted his testimony at the trial, but his original testimony was dubious because he had denied seeing who shot McPhail despite standing less than three metres away. A third witness - Young's girlfriend, now dead - the judge found hadn't recanted at all. Davis's lawyers reluctantly got an unsworn affidavit from her that contained an ambiguous sentence they had tried to spin into a retraction.
A fourth witness, Young himself, claimed his testimony had been coerced from him.
But the state didn't rely on Young to identify the shooter - merely to state he was sure it was not another man. As the judge pointed out: "If the state was prepared to coerce false testimony ... surely (it) would have had Mr Young directly identify Mr Davis."
A fifth witness recanted her very detailed testimony, but the judge gave her affidavit very little weight because despite waiting in the courthouse, Davis's lawyers refused to put her on the witness stand, where she would have been cross-examined.
Two other witnesses recanted testimony that Davis had confessed to the murder. The judge described one as "valueless", because "his false exculpatory testimony at the hearing indicates he was not a credible witness", whereas "the truth of his trial testimony is corroborated by other statements given to police".
Only in one case - that of a man who said Davis had confessed to the crime in prison - did the judge find the recantation genuine.
Unfortunately, his testimony at the trial was so patently false that the judge found he was unlikely to have been believed by the jury, rendering his recantation worthless. The judge was also suspicious of the failure of Davis's defence team to call to the witness stand the man they alleged was the actual shooter. |
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northway
Joined: 05 Jul 2010
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Posted: Sat Sep 24, 2011 5:03 pm Post subject: |
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Kimbop wrote: |
There's a reason more than a dozen courts have looked at Davis' case and refused to overturn his death sentence. It's because he's guilty, plain and simple. Liberals refuse to acknowledge the facts, and what we're seeing is simple lobbying. Most of those calling for clemency were doing so not because there was any evidence, but simply because they opposed the death penalty. |
This logic is somewhat circular, considering that many people oppose the death penalty because there might be the possibility of innocence. Based on what I've read on Davis' case, I think there's enough questions about his guilt that he shouldn't be put to death. This is the very reason I oppose the death penalty. If there's evidence beyond a doubt that someone committed a heinous act, then I can accept the death penalty. If there's any question as to an individual's guilt, I cannot. |
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stilicho25
Joined: 05 Apr 2010
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Posted: Sat Sep 24, 2011 5:11 pm Post subject: |
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Thanks for putting that up Kimbop. As I figured, it was just liberals whining about a murderer getting what he deserved. |
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Kuros
Joined: 27 Apr 2004
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Posted: Sat Sep 24, 2011 5:13 pm Post subject: |
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stilicho25 wrote: |
Thanks for putting that up Kimbop. As I figured, it was just liberals whining about a murderer getting what he deserved. |
Better than rich people whining about tax increases.
See what I did there? I took something that mattered (taxes) but put something before it that people dislike and then used the verb 'whining.' |
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stilicho25
Joined: 05 Apr 2010
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Posted: Sat Sep 24, 2011 5:33 pm Post subject: |
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Not sure what your point is. I respect the position that the government cannot be trusted with the power to kill, even if i disagree with it. I cannot respect the liberal position which seems to fixate on cop killers and lionize them. |
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young_clinton
Joined: 09 Sep 2009
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Posted: Sat Sep 24, 2011 6:07 pm Post subject: |
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stilicho25 wrote: |
Thanks for putting that up Kimbop. As I figured, it was just liberals whining about a murderer getting what he deserved. |
What's wrong with locking him up and throwing away the key? |
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