Saving Troy Davis: Executions, Troy Davis and the Approaching Police State

One wonders how many times this scenario has played out in the United States. Like a classic crime movie, the details go something like this: A group of young men, usually African-American, get involved in an activity of questionable legality. A police officer (often off-duty) intervenes. Weapons are drawn by the officer and someone else. The officer ends up dead. One of the young men is accused of the crime even though the evidence (if there is any) offers no clear link between the accused and the crime. Prosecutors rely on witnesses with minimal credibility to get a conviction. The accused young man is then sentenced to death. While he sits on death row, questions about the prosecution and conviction begin to appear in the press. The prosecution conspires with the judicial system to keep their conviction intact, refusing any motions for retrial based on new evidence. The convicted man grows old in prison, facing multiple execution dates that are only stayed by appeals that never lead to a new trial.

This is the case of Troy Davis in one paragraph. The bulk of the prosecutor’s evidence presented at Davis 1991 trial in the murder of an off-duty policeman in Georgia was based primarily on that of prosecution witnesses who later recanted their testimony. In addition, most of them have claimed repeatedly that they were pressured by police to point to Davis as the perpetrator. No murder weapon was ever found and no physical evidence linked him to the crime. One of the two main witnesses who has not recanted was the original suspect in the crime. Despite a bulk of new evidence, the state of Georgia has refused to grant a new trial. As recently as April 16th, 2009, Davis’ appeal for a new trial was rejected by a federal appeals court in a 2-1 decision. The dissenting judge was unsparing in her criticism of the Georgia’s legal case and his death sentence. She wrote: “To execute Davis, in the face of a significant amount of proffered evidence that may establish his actual innocence, is unconscionable and unconstitutional.” Yet, the execution of Troy Davis looms in the distance.

Like almost every other case of this nature, the fundamental action that has kept Davis alive is a popular movement that spans the globe. From the streets of Atlanta to the chambers of the European Parliament, thousands have called for Davis’s death sentence to be commuted, with many demanding a new trial based on the new evidence. I recently communicated with Marlene Martin, an organizer for the National Campaign to End the Death Penalty–one of the organizations spearheading the campaign around Troy. When I asked her about the Global Day of Action for Troy Davis on May 19th, she wrote me this:

The coming global day of Action for Troy Davis on May 19th–which also happens to be Malcolm X’s birthday–is really important. Troy Davis is alive today in spite of our legal system, not because of it. The fact that he hasn’t ever been allowed to present new and compelling evidence of his innocence to a jury–and could be executed without ever having the opportunity to do so–is mind-boggling.

The state of Georgia has already tried three times to kill Troy. They would rather kill him than admit wrongdoing. But they have been stopped in their tracks each and every time by the movement outside the courthouse, spearheaded by Troy’s sister Martina Correia. As a result of her efforts, and Amnesty International and many other organizations coming together to fight for Troy, people around the country and around the world know about his case. I get e-mails from all over — England, Germany, France, New Zealand Canada–all people that support Troy.

One thing that’s clear in this fight is we can’t rely on the courts. We need to build for the day of action to be as big as it can be, and to keep organizing. Troy represents many, many others who are in prison today–too poor to afford good representation at trial, and a person of color.

Also at issue in this case is the entire question of the death penalty. The United States is one of the few nations in the so-called free world that continues to practice this barbaric form of justice. In addition, it also ranks near the top among nations that do execute some of their criminals. Add to that the well-documented racial disparity in these executions, especially when looking at the numbers of whites executed for killing blacks versus the number of blacks executed for killing whites and those executions seem even more barbaric. When one considers this, it becomes essential to challenge not only the execution of Troy Davis, but the political system that supports the practice of state-sanctioned murder. This challenge becomes even more necessary when that system also tortures those it has arrested in its “war on terror” and imprisons them indefinitely without trial. A land with such a system is closer to a police state than the land of the free. Unless those who live within its borders resist these authoritarian policies, there may come a time when such resistance will find itself subject to them.

Not only is the movement to commute Troy Davis’ execution and get him a new trial an effort to save a man’s life, it is also part of an effort to prevent an increasingly authoritarian nation from becoming even more so. Please consider joining the Global Day of Action for Troy Davis on May 19, 2009.

Ron Jacobs is the author of The Way The Wind Blew: A History of the Weather Underground and Tripping Through the American Night, and the novels Short Order Frame Up and The Co-Conspirator's Tale. His third novel All the Sinners, Saints is a companion to the previous two and was published early in 2013. Read other articles by Ron.

5 comments on this article so far ...

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  1. Dudley Sharp said on May 16th, 2009 at 3:09pm #

    It is always required that both sides (or more) of the story be told.
    Dudley Sharp

    (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.’ ”

    The murder occurred in 1989.

    (2) “THE PAROLE BOARD’S CONSIDERATION OF THE TROY ANTHONY DAVIS CASE” ,
    9/22/08, http://www.pap.state.ga.us/opencms/opencms/

    “After an exhaustive review of all available information regarding the Troy Davis case and after considering all possible reasons for granting clemency, the Board has determined that clemency is not warranted.”

    “The Board has now spent more than a year studying and considering this case. As a part of its proceedings, the Board gave Davis’ attorneys an opportunity to present every witness they desired to support their allegation that there is doubt as to Davis’ guilt. The Board heard each of these witnesses and questioned them closely. In addition, the Board has studied the voluminous trial transcript, the police investigation report and the initial statements of all witnesses. The Board has also had certain physical evidence retested and Davis interviewed.”

    (3) read the PDF statement released by Chatham County District Attorney Spencer Lawton on the case facts at: http://tinyurl.com/46c73l

    A detailed review of the extraordinary consideration that Davis was given for all of his claims.

    (4) 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/

  2. HR said on May 16th, 2009 at 4:12pm #

    The days when most USans would become appalled at the thought of even one innocent person being executed are long gone. Nowadays most folks have no problem at all with “a few” innocents being murdered in their name, for the sake of lawnorder, of course. What a sick, sick bunch of losers.

  3. ron said on May 17th, 2009 at 8:20am #

    Just so we’re clear here–Dudley Sharp is the founder of Justice Matters–a group that exist to support the death penalty and oppose most any effort to provide those facing execution any recourse after conviction.

  4. bozh said on May 17th, 2009 at 8:59am #

    belief by mcphails is not knowledge; thus, it shld not be considered as a factor.
    evidence that supports davis’ guilt shld not be a factor for execution of davis.
    only evidence that PROVES he slew mcphail shld be valid cause for sentencing. Death penalty is nosense. He’s more worth to us alive than dead.
    tnx. bozhidar balkas

  5. LAWYERS FOR POOR AMERICANS said on September 7th, 2009 at 6:11pm #

    ~ WHEN THE LAUGH OF $ATAN WA$ HEARD IN THE PEOPLE$ HALLS OF U$ CONGRE$$ ~

    THIS OLD WORLD ORDER OF ABUSE AND NEGLECT OF OUR POORER AMERICANS NEEDS ENLIGHTENED POLITICAL MINDS AND HEARTS TO VIEW GOD DIFFERENTLY THEN $$$…. NO MATTER WHAT THEIR POLITICAL PARTY AFFILIATION ???

    WHEN WILL OUR WEALTHY ELITE AMERICANS ABATE THEIR ASSAULT ON POORER AMERICANS WITH THEIR MONETARY CONTROL OF OUR IVORY TOWER U.S. CONGRESSIONAL LEADERS OF THE NEW WORLD ORDER ???

    THERE ARE NOT MANY MORE DISTRACTIONS LEFT WHICH ARE AVAILABLE FOR OUR WEALTHY ELITE AMERICANS TO HIDE BEHIND IN NOT TAKING PROPER CARE OF ALL OUR AMERICANS IN A HUMANE FASHION !!!

    RALPH NADER ATTEMPTED TO EDUCATE AMERICAN VOTERS ABOUT U.S. CORPORATE POWER IN AMERICA AND HOW THEY CONTROL OUR CONGRESSIONAL PEOPLE THROUGH THEIR POCKET BOOK (POLITICAL DONATIONS). * WITHOUT THE DOUGH $$$ THESE U.S. CONGRESSIONAL LEADERS OF THE FREE WORLD DO NOT GET RE~ELECTED TO CONGRESS.*TO STAY IN POLITICAL OFFICE IN AMERICA,ONE HAS TO BARTER YOUR VOTES IN CONGRESS AND REPRESENT POWER INTERESTS IN RETURN FOR THE BUCK$.

    POORER AMERICANS HAVE NEVER HAD THE $$$ LOBBY TO INFLUENCE THIS CORRUPT POLITICAL CONCEPT (of horse trading political votes for political contributions) TO ACHIEVE PROPER HEALTH ~CARE OR LEGAL REPRESENTATION FOR ALL OUR MIDDLE ~ CLASS AND WORKING POOR AMERICANS.

    AMERICAN IVORY TOWER U.S.CONGRESSIONAL LEADERS OF THE FREE WORLD HAVE PASSED FEDERAL LEGISLATION IN WASHINGTON DC TO SPEND 50 BILLION AMERICAN TAX $$$ ON THE INTERNATIONAL FIGHT AGAINST AIDS OVER THE NEXT FIVE YEARS WHILE THEIR OWN AMERICAN CITIZENS ARE BEING TOLD BY THIS SAME U.S.CONGRESS THAT NATIONAL HEALTH CARE AND PROPER LEGAL REPRESENTATION FOR MIDDLE CLASS AND WORKING POOR CITIZENS IS UNAFFORDABLE.

    *** WEALTHY ELITE AMERICANS (WHO ARE ONLY 1% OF OUR USA POPULATION) SADLY ALSO CONTROL HOW OUR U.S.CONGRESS SPENDS THEIR BUDGET TRILLION$ AND HAVE OBVIOUSLY FOUND MORE WORTHY INTERNATIONAL CITIZENS THEN OUR OWN DESPERATE AND NEEDY POOR TO ASSIST !!!

    ~Poorer Americans Nationwide only get 400 million $$$ per year for legal representation allocated them by CONGRESS~

    Middle Class and Working Poor Americans are unable to afford proper legal representation in their Civil, Criminal and Family Courts of law all across America causing tremendous hardships nationwide,but these great minds and callous hearts in our American Congress have found others Worldwide more needy then their own citizens who are being falsely incarcerated,wrongfuly executed,losing their homes or apartments,losing child custody or visitation with their children etc?

    Not being afforded proper legal representation by our U.S. Congress has created a total breakdown of the American judicial system for our poorer Americans because the our U.S. Courts punish all of us little people if we are not assisted with proprer legal counsel.*It is a known fact that our average Middle Class and Working Poor Americans without proper legal representation in all of our American Courts of law lose their legal cases to the better financed who are able to afford lawyers. … moc.oohaynull@snaciremarerooprofsreywal
    (424-247-2013)