Death Penalty

Troy Davis Appeal Denied

death-penalty on March 17, 2008 at 11:42 AM

Many of you who read this blog have been following the case of Troy Davis - on death row in Georgia for over 16 years despite strong evidence that he may be innocent. Troy came within 24 hours of execution last July before receiving a temporary stay of execution. Two weeks later the Georgia Supreme Court agreed to hear his extraordinary motion for a new trial.

Today, Monday March 17, 2008, the Georgia Supreme Court denied his appeal. This means that Georgia is once again poised to execute a possibly innocent man. Many have worked tirelessly on this case, and we are stunned and devastated by the news. Please take action here, and see our press release below.

Amnesty International USA Press Release
FOR IMMEDIATE RELEASE:
Monday, March 17, 2008
AMNESTY INTERNATIONAL DECRIES RULING IN TROY DAVIS CASE
----
GA Supreme Court Decision is 'Simply Stunning;' U.S. 'Has Shrugged Off the Very Notion of Justice at Every Level' in Davis Case
Contact: Wende Gozan at 212-633-4247
Or Jared Feuer at 404-876-5661 x14
(Atlanta) -- Amnesty International USA (AIUSA) decried today's Georgia Supreme Court decision to deny a new trial for Troy Anthony Davis, who has been on death row for more than 16 years despite significant concerns regarding his innocence. The human rights organization, which has collected more than 60,000 petition signatures while campaigning for Davis, said the ruling demonstrates a blatant disregard for justice, and asserted that the Georgia Board of Pardons and Paroles must grant clemency in his case.
"The claim that evidence in Davis' favor was not sufficient to reopen his case is simply stunning," said Larry Cox, executive director of AIUSA. "In turning a blind eye to the realities of the case, the legal system has shrugged off the very notion of justice at every level, from Savannah to the U.S. Supreme Court. The Board of Pardons must recognize that a blind adherence to technicalities cannot trump a concerted search for the truth, especially when a human being's life is at stake."
The Georgia State Supreme Court decided 4-3 against a new trial or evidentiary hearing, with the majority ruling that the Savannah trial court did not abuse its discretion in denying Davis' extraordinary motion for new trial without first conducting a hearing.
Amnesty International maintains that the case has been tainted from the start, with a questionable police investigation, a lack of funding to ensure adequate defense, and an increasingly restrictive appeals process, which has thwarted attempts to present new evidence in the case. In the wake of the state Supreme Court decision, the human rights organization is once again calling for the Georgia Board of Pardon and Paroles to commute the death sentence for Davis due to the troubling facts of the conviction.
Troy Davis was convicted of the murder of Savannah police officer Mark MacPhail in 1991. Davis was convicted solely on the basis of witness testimony, and seven of the nine non-police witnesses have since recanted or changed their testimony. No murder weapon was found and no physical evidence linked Davis to the crime. Several cited police coercion, and others fear of one of the remaining two witnesses, whom they allege actually committed the crime.
"With this decision, the Supreme Court is ignoring the fundamental flaws that underlie the death penalty in Georgia and in Troy Davis's case," said Jared Feuer, Southern Regional Director of AIUSA. "As a result, we will continue to advocate for a re-examination of his sentence and of Georgia's use of capital punishment. Officer MacPhail's life was cut tragically short, and his family and the people of Georgia deserve justice. This will not be accomplished by executing a man with a strong case of innocence."
###
To read the Amnesty International report, 'Where is the Justice for Me? The case of Troy Davis, facing execution in Georgia,' or to hear audio of Mr. Davis, please visit www.amnestyusa.org/troydavis.

Back to entries Comment on this entry

Comments: 1

Sherrie Stone

(Homepage)

on March 18, 2008 at 7:23 AM

I feel for Troy and especially his family and sister. I understand what they are going through. Most of the United States have no idea the way our judicial system is flawed, especially in the death penalty area. There is a AEDPA law that was passed in 1996 and signed by President clinton, and approved by a Republican Congress, that is literaly affecting thousands of prisoners and not allowing new claims of evidence to be heard or re-trials to occur simply because the inmates did not file their paper work within a 1 year time frame during their post-conviction appeals. One State, Alabama, the only State in the U.S. does not even provide or guarantee death row inmates the right to an attorney during these post-conviction appeals. So no matter how much evidence you have that shows you are most likely innocent, as Mr. Davis, you are blocked from allowing that to be shown at a new trial. The United States Supreme Court denied a death row inmate the right to DNA test his evidence in Nov 2007. (Thomas D. Arthur, Alabama) based on this law, the AEDPA act. This law is affecting Mr. Davis and many others. Why are our Presidential candidates not discusssing the flaws in our death penalty system, and this AEDPA law? Especially ,during a time where the USSC is making a historic descion on the death penalty? This law and many other laws must be changed. When inmates are going to executed for crimes they did not committ & cannot have access to their evidence, even DNA testing, that can prove their innocence, we must stand up and say we will not allow this to happen in the United States of America. I understand this and I feel so bad for Mr. Davis and his family. I know the family is among the silent, forgotten victims of the system. Wehn a crime is committed, there are two sets of victims, the families and friends of the victims, and the family and friends of the convicted. Both sets of victims are traumatized by the State and the system for years, even decades when they put these victims through the cruel and unusal punishment of setting execution dates and especially when there is evidence of innocence. How is this going to bring closure for either set of these victims? It will not, it will only bring more pain and trauma, and never allow them to heal. Is killing the wrong person our way , the Unted States of America calls closure for the victim? Punishment for the crime? I understand this so well, because it is happening to my father, Alabama death row inmate, Thomas Arthur Z-427. He was denied DNA testing of evidence that could prove his innocence, by the United States Supreme Court in Nov. 2007, becasue of the AEDPA law. He was not able to file his appeals on time during his post-conviction appeals 1 year time frame. He did not have an attornye, nor was he entitled to one, by Alabama law. This is not justice. This is not executions, this is legal murder allowed by the United States of America. It is happening in our country and most of the public have no idea about this flaw in our death penalty system. Even the supporters of the death penalty should be appaled by this. Mr. Davis and his siter, and family, my heart goes out to you. I understand.....
Sincerely,
Sherrie Stone
Daughter of Alabama Death Row Inmate Thomas Arthur
Who will be executed this year...