SCOTUS and Innocence

Regular readers know that I do not often wax political. Heaven knows, if I did there I would have WAY too much to say. And I don't often select particular organizations or charities; there are simply too many of them. I do feel, however, that I must once more bring this man to your attention. Here is the latest information about Troy Anthony Davis.

On August 17, the Supreme Court of the United States (SCOTUS) took an unusual step in the case of Georgia v. Troy Davis. Troy Davis was convicted (wrongly, I believe) in the shooting death of a police officer in 1991. His appeals have been exhausted despited increasing evidence that he is innocent. The Court has ordered a mandatory hearing for Troy Davis, giving him one last chance to prove his innocence.

(Troy Davis photograph from Amnesty International Website)

The evidence against Davis has fallen apart since the time of the trial. Most of the witnesses have recanted their testimony, indicating they were coerced by the police. No weapon was ever found and the evidence against Davis is completely from eyewitness accounts. There was no physical evidence provided at all. One of the witnesses not recanting his testimony has been accused of being the shooter in affidavits sworn by nine people.

In light of the very real indications that Davis is innocent, the SCOTUS allowed him a rare opportunity to have his conviction reviewed even after the appeal process has been exhausted. Antonin Scalia, one of the dissenting judges wrote the following:

"This Court has never held that the Constitution forbids the execution of a convicted defendant who has had a full and fair trial but is later able to convince a habeas court that he is 'actually' innocent.


In other words, Justice Scalia appears to believe that the Court has no obligation to prevent an innocent person from being executed. Does that frighten you? It certainly frightens me. Also dissenting to the Court decision to give Davis another hearing was...Scalia's clone, Clarence Thomas.

Read more about the Troy Davis case on the Amnesty International Website: http://www.amnestyusa.org/

Stay of Execution for Davis

As regular readers know, I am deeply concerned about the scheduled execution of Troy Davis. Today, the federal appeals court of Atlanta issued a stay of execution (the execution was scheduled for Monday October 27) and instructed the Department of Corrections not to proceed. The stay is conditional, but will allow attorneys for Davis to meet the requirements to persue another round of appeals. Read more in the Atlanta Journal/Constitution at http://www.ajc.com/news/content/metro/stories/2008/10/24/troy_davis_stay.html?cxntlid=homepage_tab_newstab.

Georgia Execution Scheduled

[Update, September 23: The Supreme Court of the United States (SCOTUS) has stayed the execution!!! The Court will hear a request to appeal the Georgia Supreme Court ruling on Monday. If the Court decides NOT to accept the appeal request, the stay order will be terminated immediately and the execution will proceed. If the Court accepts the request for appeal, the stay will continue until the SCOTUS issues the ultimate ruling.]


Regular readers know that I do not use this blog for religious or political commentary. Tonight, however, my heart is so heavy that I have to share what I consider a great injustice.

Troy Davis was convicted of murdering a GA police officer in 1989. He has maintained his innocence throughout. The case against Davis was entirely circumstantial based on witnesses who offered inconsistent testimonies even at the time. There was NO physical evidence presented at the trial, and the murder weapon (a gun) was never discovered.

Troy Davis was sentenced to death. Since the time of the trial ALL BUT TWO witnesses have recanted their testimony, many of them signing affidavits that they were coerced by the police to testify against Davis.

Over the last several years, an active movement has tried to help Troy Davis. Even the Pope has been involved. However, the GA Board of Pardons and Paroles has refused (most recently on Friday) any pleas for clemency. There is currently no stay for the execution scheduled for tomorrow (9/23) at 7:00 PM.

Photo from Amnesty Internation Website

This case has been widely reported in the news, especially in the last year. So why bother telling you about it now? Because it grieves me so. If you are so inclined, please visit the Amnesty International Website to learn more about this case so you will be informed about what has happened.

Whatever your beliefs about religion or the death penalty, please follow this story. It will be much in the news tomorrow whether or not a stay is ordered. And it will be much in my heart. I ache for Troy Davis and for his family.

[ September 23, 1:20 PM UPDATE: The Georgia Supreme Court last night denied requests to stay the execution. Now, within hours of the execution, only the Supreme Court of the United States can do anything to stop tonight's execution.]