ACTIVISM

THE INNOCENCE & EXECUTION OF TROY DAVIS

Troy Anthony Davis is scheduled to be executed on Monday, October 27th, 2008. Convicted of the 1991 murder of a Savannah, GA police officer, the U.S. Supreme Court issued a stay of execution approximately two hours before Davis was set to be put to death September 23rd in order to review defense claims that he is an innocent man.

Former President Jimmy Carter, South African Archbishop Desmond Tutu, Pope Benedict XVI, Harry Belafonte and others have all asked that Davis’ life be spared.

On October 14th, the Supreme Court denied – without any explanation – Davis’ appeal to have a jury hear new evidence which he says proves his innocence.

What’s Davis’ new evidence? Seven of the nine original witnesses at his trial, who either testified they saw Davis commit the murder or heard him admit to it, recanted their testimony.

You’re probably asking out loud right about now “Exactly how many witnesses against a person do you need to state they lied on the witness stand, and would like to now tell the whole truth and nothing but, before that person can get a new trial and have their conviction overturned?

The answer? It don’t matter.

Troy Davis will very likely be put to death next week because innocence is no more a factor in the workings of the U.S. legal machine than the color of my underwear.

There is something very wrong with that.

Hollywood would like us to believe that Justice, Compassion and Mercy all have a home inside a courtroom. What actually is at home in the courtroom is politics – or as Bob Marley say ‘poli-tricks.’

Judges are either elected by the people or appointed by politicians. The laws that the judges uphold are created by politicians - legislators. As long as the laws created by the legislators don’t conflict with the U.S. Constitution (you remember that document don’t you … the one that said the importation of slaves was all good for a certain number of years and that Black folks were 3/5 human?) then, the law is the law.

In the case of Troy Davis his lawyers argue that executing an innocent man is cruel and unusual punishment which goes against the 8th Amendment to the US Constitution.

Obviously, the Georgia Board of Pardons and Paroles, the state agency that could free Troy Davis and the US Supreme Court, the highest authority in the country, don’t believe that. Although neither body made a public statement about exactly why they denied Davis’s appeals, it is obvious that they believe that no errors or crimes were committed and no laws broken during Davis’s trial.

Innocence is something extra in courts of law but not essential. Kinda like when you go out to eat and they bring your main course with a little leaf of lettuce … not a whole salad …just one limp leaf.

The fact that Troy’s innocence has absolutely nothing to do with anything is a crime if ever there was one.

But enough of complaining about that; time is running out that could be used to save his life. All of us need to get in where we fit in. In addition to the traditional ways to fight for Troy’s life - forwarding emails, sending faxes, making phone calls, writing letters and attending rallies - there are at least four other things that people can and should do:

If you’re a Prayer Warrior - Amnesty International is calling for people to join in a weekend of prayer for Troy Davis and justice from Oct. 24-26.

If you’re a Cyber or Digital Activist - You can text “TROY” to 90999 to spread the word via cell.

If you’re a Real World Activist – check Amnesty’s website to see if there is a solidarity event being held in your area and take yo’ self over there.

Lastly, folks should give this some serious consideration: in California, we have what is known as the Initiative process. That’s where a person – any person, Black-white-male-female-blind-crippled-crazy – can come up with an idea and have it placed on the ballot. There’s a process involved: it has to be written in a particular language and a set number of signatures of the state’s registered voters have to sign a petition saying they want the initiative to be voted on, and that of course takes money and people power, but for the most part all you really need is the idea that something is worthy of becoming the law of the land.

How about innocence? Wouldn’t it be great if a person could not be convicted of a crime … let alone put to death … if there were serious doubts about whether they actually committed a crime?

How about we make that the law everywhere? How about we mobilize in our communities to find someone to write up a law that says just that and then we find a sponsor and we get it on the ballot in each and every city, county and state in the U.S.?

And then, every single judge in every single corner of the country would be prohibited from creating new Troy Davises.

Gee whiz … wouldn’t that be swell?

Thandisizwe Chimurenga is a community journalist and activist. She can be heard most Thursdays on “Some of Us Are Brave: A Black Women’s Radio Program” on KPFK - Pacifica Radio in Los Angeles. She is also the Director of the Ida B. Wells Institute, a leadership development and media training program for Black women and girls. Her social commentary blog is exclusive to Urban Thought Collective.


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October 22nd, 2008 at 9:34 pm Chatty Cathy says:

Thanks for bringing me up to speed on this case. I had heard about it but didn’t have all the deets.

October 22nd, 2008 at 10:03 pm SweetSis says:

@ Thandisizwe: I just texted.

October 22nd, 2008 at 10:04 pm SweetSis says:

And I will be a prayer warrior for him.

October 22nd, 2008 at 10:47 pm ratty says:

Another tragic case.
Why does this feel like a rerun?
How do we make systematic change on these black men unjustly dying by execution?

October 22nd, 2008 at 11:05 pm renep says:

I love the title of this blog & the knowledge you are dropping. I want to become more active & I guess the way is to educate & activate myself. This helps with some guidance.

October 23rd, 2008 at 7:10 am Mr.Fantastic says:

This is why everyone needs to vote Obama!

October 23rd, 2008 at 7:27 am Dudley Sharp says:

Regarding Troy Davis:

It is always required that both sides of the story be told.

(1) Davis v Georgia, Georgia Supreme Court, March 17, 2008
Full ruling http://www.gasupreme.us/pdf/s07a1758.pdf
Summary http://www.gasupreme.us/op_summaries/mar_17.pdf

” . . . the majority finds that ‘most of the witnesses to the crime who have allegedly recanted have merely stated that they now do not feel able to identify the shooter.’ “One of the affidavits ‘might actually be read so as to confirm trial testimony that Davis was the shooter.’ ”

(2) Officer Mark Allen MacPhail
The family of murdered Officer MacPhail fully believes that Troy Davis murdered their loved one and that the evidence is supportive of that opinion.
http://www.markallenmacphail.com/

October 23rd, 2008 at 8:06 am lilmamma86 says:

Straight Racism..its ashame!!!

October 23rd, 2008 at 9:11 am Nubian CoCo says:

Wow i had heard a bit about this but not in detail. That is a whole lot of witnesess to ignore. What is their motivation for keeping the wrong person in prison and killing him? Makes no sense this is terrible. State sanctioned murder.

October 23rd, 2008 at 9:16 am thelma says:

Great solutions I only wish we could be heard sometimes it feels like the people speaking truth are always muffled by the bloodthirsty fools running the system

October 23rd, 2008 at 9:20 am heatmizer says:

Word!

October 23rd, 2008 at 9:48 am nicq says:

This is insane we should all start an internet petition!

October 23rd, 2008 at 10:26 am Ashley says:

Good idea Nicq.

October 23rd, 2008 at 10:35 am Stephanie says:

I have been meaning to research this case after I saw the verdict online. Thank you for getting the ball rolling.

October 23rd, 2008 at 11:40 am 1GOODMAN says:

Hello: What is the Amnesty website to check for protests in my city may I ask? Can you send me in the right direction? I’d like to look into that.

October 23rd, 2008 at 12:12 pm Ginger says:

Yes both sides are necessary to review Dudley. But if there is a shadow of a doubt, by law, this man has some rights that are being violated.

October 23rd, 2008 at 12:12 pm Ginger says:

But I do appreciate you being strong enough in your convictions to share you views.

October 23rd, 2008 at 12:13 pm Ginger says:

Finally thank you Thandisizwe for your great enlightening blog. Sorry to take up so much room. My thoughts are coming sporadically today.

October 23rd, 2008 at 12:15 pm PATTY CAKE says:

I pray every night for the activists and caretakers who make the world better. I am not one. I don’t get my hands dirty. But I pray for you all and I will pray for this man and this case and the discernment of those who are helping him and the humility of those who are persecuting him.

October 23rd, 2008 at 12:33 pm Byron Black says:

I thought people you are interested in engaged in this excellent blog by Sister Thandisizwe would be interested in this open letter from Susan Saradon who I think captures the case quite well too:
“Despite mounting evidence that Davis may be in fact be innocent of the crime, appeals to the courts to consider this evidence have been repeatedly denied for procedural reasons. Instead, the prosecution based its case on the testimony of purported “witnesses,” many of who allege police coercion and most of whom have since recanted their testimony. One witness signed a police statement declaring that Davis was the assailant then later said “I did not read it because I cannot read.” In another case a witness stated that the police “were telling me that I was an accessory to murder and 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 was only sixteen and was so scared of going to jail.” There are also several witnesses who have implicated another man in the crime but the police focused their efforts on convicting Troy.

October 23rd, 2008 at 12:33 pm Byron Black says:

It is deeply troubling that Georgia might proceed with this execution given the strong claims of innocence in this case. It has been repeatedly demonstrated that our criminal justice system is not devoid of error and we now know that since 1973, 129 individuals have been released from death rows across the United States due to wrongful conviction. We must confront the unalterable fact that the system of capital punishment is fallible, given that it is administered to demonstrate your strong commitment to fairness and justice and commute the death sentence of Troy Anthony Davis.”
Thank you for your consideration.
Sincerely, Susan Sarandon

October 23rd, 2008 at 12:35 pm Byron Black says:

Finally, brothers & sisters, if Sister Thandisizwe’s article has motivated you to act, here are some additional ways to make your voice heard. Power to the People.

1) You can protest this travesty of justice by calling the Georgia Board of Pardons and Paroles to reconsider its clemency decision, telephone board chair Gale Buckner at 404-657-9350, or Georgia Attorney General Thurbert E. Baker at 404-656-3300.

2) More information on the case can be found at http://www.gfadp.org and http://www.troyanthonydavis.org.

October 23rd, 2008 at 1:03 pm thandisizwe says:

Hey - how ya’ll doin’??? It’s good to be back up in here … i gets into other thangz from time, as i’m sure most of you do too. I got a two-part response today, maybe even three, so i’m going to start with the shortest stuff first.

1GOODMAN - go to amnesty.org or aiusa.org and that should have the info you need.

PATTYCAKE - the power of prayer is real! And as a Prayer Warrior, you know that’s work. I appreciate you puttin in work for all of us and especially Troy. I think some of us activists underestimate the power of prayer a little too much. I think we could be a little more successfull in the work that we do if we harness the Prayer Warriors a little more often.

My next post will deal with some of this nonsense about Troy’s guilt …

October 23rd, 2008 at 1:10 pm thandisizwe says:

Before i get knee deep … my bad, how could i ignore Sweet Sis?! Thank you for texting and being a Prayer Warrior … and don’t forget to capitalize it when you say (write) it … it’s that important.

And Ginger, you aren’t taking up too much room, that’s why this is here (wait till you see how much room i’m bout to take up! ;-)

= = = = = =
Spencer Lawton, Jr. is the Chatham County District Attorney, i.e., the one who prosecuted Troy Anthony Davis.

In the Savannah Morning News online edition of October 19th, he writes the following in “Troy Davis Verdict Correct”:

“First, Davis’ advocates have insisted that there was no physical evidence in the case. This is not true. Crime lab tests proved that the shell casings recovered from the shooting of Michael Cooper at a party earlier in the evening were fired from the same weapon as the casings recovered from the scene of Officer Mark MacPhail’s murder. Davis was convicted of shooting Cooper. And while it isn’t physical evidence … “

Okay, stop right there. I’ll leave the obvious A + B = C deduction for a later discussion.

“And while it isn’t physical evidence …”

Either it is physical evidence or it is not.

If one of Us gets confused or fuzzy thoughts from time thats cool … but a District Attorney who decides who gets the death penalty and who does not?

Not cool, under any circumstances.

The GA Board of Pardons and Paroles, and the US Supreme Court did not explain why they denied Davis’ request.

The link that has been posted above to the GA Supreme Court shows what 4 of the justices thought and what three of the justices thought, and as you know, majority rules.

The majority on the GA Supreme Court felt that eyewitness testimony is more credible – believable – right after something happens, as opposed to years later when someone says “I don’t think it was him.”

What is missing from the pseudo analysis posted here is that the witnesses said they were either young and scared, or young and coerced, into identifying Davis.

As far as the dissenting judges on the GA Supreme Court, what they stated needs to be carefully understood and carefully studied: “Although trial testimony is generally more credible than later recantations, ‘it is unwise and unnecessary to make a categorical rule that recantations may never be considered in support of an extraordinary motion for new trial,’ the dissent says.”

Just like in the case of Mumia Abu Jamal, people say he’s guilty, and as evidence, they point to the original trial testimony.

And then, they throw in the website memorial to a dead cop to weigh on the emotions, as if that’s supposed to make us stop and go, “oh yeah, a cop is dead, he did it.”

During slavery, when it was clearly the law of the land that a white life was more important than a black one, anytime a white person was assaulted or killed by a black person, white supremacy demanded – not justice but white supremacy - demanded that ANY black person would do to be punished.

The same is true today.

We should resolve that we ain’t goin out like that no more.

October 23rd, 2008 at 3:29 pm Tina says:

I love the knowledge that is being spread here. A beautiful thing.

October 23rd, 2008 at 6:45 pm Elsa Harkins says:

If Pope Benedict, Bishop Desmond Tutu, and others have written in this man’s behalf, we need to submit to their impartial reasoning and at least take a second look. Hopefully articles like this will bring attention to this dire situation. Troy Davis we are praying for you.

October 23rd, 2008 at 6:49 pm Elsa Harkins says:

Preach Thandisizwe!

October 23rd, 2008 at 7:03 pm Tamiko says:

We need this type of thing brought to light. Most of the black population never even heard of the case until it was turned down but the Supreme Court which is probably too late.

October 23rd, 2008 at 10:53 pm Stoploss Sweetie says:

God Help Him. No one deserves to die by human hands. It is God’s choice.

October 24th, 2008 at 9:34 am Thandisizwe Chimurenga says:

Hey Ya’ll! Just got the word from the Atlanta Journal-Constitution that a stay of execution has been issued for Troy Anthony Davis.

Ya’ll didn’t believe me when I said Prayer Warriors put in work, did ya?!

Ha!

Lastly, my bad, my serious bad, Mr. Byron Black! Thank you so much for your contribution - please forgave me for temporarily overlooking you!

I don’t yet know how long the stay will be, so for all-a-ya’ll who have made a contribution to this struggle - texting, forwarding an email, prayin’, rallying - catch ya breath, but don’t let up ’cause it ain’t over yet.

October 24th, 2008 at 9:43 am Stoploss Sweetie says:

Wow! Amazing news!

October 24th, 2008 at 9:44 am dChester says:

Really? That’s a miracle! I been hearing about this case and read your article this morning and then this new news comes and it makes you have hope.

October 24th, 2008 at 8:50 pm Jallisa L says:

All praises due

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