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<h1><font size=4><b>VOICES: The railroading of Troy
Davis</b></font></h1><font size=3>
<a href="http://www.southernstudies.org/2011/05/voices-the-railroading-of-troy-davis.html" eudora="autourl">
http://www.southernstudies.org/2011/05/voices-the-railroading-of-troy-davis.html<br>
<br>
</a>Laura Moye is director of the Amnesty International USA Death Penalty
Abolition Campaign. In this interview, Moye talks about 42-year-old Troy
Davis, an African American who has been on death row in Georgia for over
19 years -- having already faced three execution dates. The continued
railroading of Davis has sparked outrage around the world, and public
pressure during the last few years of Davis' appeals has been essential
to his survival today.<br><br>
However, on March 28, 2011, the US Supreme Court rejected his appeal
against a federal district court's ruling that Davis did not prove his
innocence in an evidentiary hearing held last year. This week Amnesty
International released an email action alert, emphasizing that now, more
than a month after the Supreme Court ruling, Davis' execution date can
literally be scheduled any day. The situation is dire, and public support
is currently needed now more than ever before.<br><br>
To take action and learn more, visit Amnesty International's page
focusing on Troy Davis, as well as the Color of Change petition,
<a href="http://www.justicefortroy.org/">www.justicefortroy.org</a> and
<a href="http://www.troyanthonydavis.org/">www.troyanthonydavis.org</a>
.<br><br>
<b>Angola 3 News:</b> <i>Why does Amnesty International consider Troy
Davis' case to be so important?<br><br>
</i><b>Laura Moye: </b>Troy Davis' case is emblematic of a broken and
unjust death penalty system. His story speaks volumes about a criminal
justice system that is riddled with bias and error and is fixated on
procedure more than it is on fairness.<br><br>
It is often difficult to get people to understand or to be interested in
systematic and large-scale injustice, but Troy Davis' story has gotten
through to a lot of people and has made the abolition cause more tangible
and real for a lot of people.<br><br>
<b>A3N:</b> <i>What do you think are the most compelling facts about this
case?<br><br>
</i><b>LM: </b>The case against Davis has unraveled, yet he still faces
execution. The conviction rests primarily on nine key witnesses, but six
have recanted and one contradicted her trial statement. The police
recovered shell casings at the crime scene, which were naturally present
given that there was a shooting. However, they never found a murder
weapon or any other physical evidence linking the shell casings to Troy
Davis.<br><br>
Almost all of the witnesses were vulnerable for one reason or another.
One witness was illiterate, others were minors that were questioned
without their parents or supportive adults, some had criminal histories,
and most were African American.<br><br>
The murder of the white police officer enraged local law enforcement, and
indeed it was a terrible crime. Officer Mark MacPhail was rushing to the
aid of a homeless man who was beaten unconscious in a Burger King parking
lot on the other side of a Greyhound bus station in a poor end of town.
When he came running to the scene, he was shot, and he fell to the ground
without even having drawn his weapon. He left behind a wife and two very
small children. Outrage was appropriate in the wake of his death.
However, reports about how the investigation was conducted call into
question how fair and proper things went. Many speak to the intense
pressure on the African American community to find the perpetrator. Most
of the witnesses allege coercion by the police in obtaining
statements.<br><br>
Strangely, one of the two witnesses who did not recant his testimony has
been implicated in at least nine affidavits and by a new eyewitness
account as being the actual perpetrator. This very same man was the one
who first reported to the police that Davis was the shooter. He was never
treated as a suspect himself. He was not put in line-ups and he was
present at the crime scene with other witnesses for a reenactment of the
events.<br><br>
Davis had a heck of a time trying to seek relief once his case moved from
the trial level to the post-conviction habeas process. The Georgia
Resource Center was hit with a two-thirds budget cut, which reduced the
number of staff attorneys to two, representing about eighty prisoners.
Triage was not even possible with the remaining resources. Yet this was
the time for Davis to assemble evidence and an argument about his
innocence claim.<br><br>
Also, in the mid-1990s, the Anti-Terrorism and Effective Death Penalty
Act (AEDPA), was passed on the heels of the Oklahoma City Bombing. It
limited access by death row prisoners [to] the federal appeals process,
placing time limits on introduction of new evidence, for example. Davis'
case was negatively impacted along with others.<br><br>
Troy Davis has been confronted with a system that would rather hold onto
a decision a jury made twenty years ago than admit that some
fundamentally wrong things have happened. It is a system bent on
preserving itself more than on being absolutely sure that injustice and
inaccuracy are filtered out.<br><br>
<b>A3N:</b> <i>Please tell us more about the racism in Davis'
case.<br><br>
</i><b>LM: </b>Davis is African American. MacPhail, the murder victim,
was White. The perpetrator was indisputably African American. The crime
happened on a poor end of town, near housing projects and behind a
Greyhound bus station. The racial dynamics in the community were inflamed
by the murder and the ensuing investigation. Many African Americans have
talked about the fear they felt in the midst of a very intense
manhunt.<br><br>
<b>A3N:</b> <i>Do you think the injustices in his case are symptomatic of
the overall criminal justice system in the US?<br><br>
</i><b>LM: </b>Many death penalty cases have issues of unfairness. Davis'
is less common in that there is a serious innocence claim.<br><br>
However, how people are treated by the criminal justice system because of
their background, particularly race and class, is illustrated by this
case. The lack of resources for people's defense and appeals work is very
common. And the difficulty in accessing the appeals process for
meaningful relief is also very difficult.<br><br>
<b>A3N: </b><i>Why have the appeals courts been so opposed to granting a
new trial?<br><br>
</i><b>LM:</b> The county superior court in Savannah, Georgia would not
grant Davis' "extraordinary motion for a new trial." He
appealed this all the way up to the U.S. Supreme Court and was denied.
Interestingly, the Georgia Supreme Court denied his appeal by one
vote.<br><br>
The courts are very hesitant to re-open death penalty cases. Witness
recantations are considered suspect and testimony by the many people who
implicate the other suspect are dismissed as "hearsay." And yet
we know that most of the 138 exonerees from death row did not have DNA at
their disposal, just like Davis, who had no other kind of physical
evidence.<br><br>
At trial, the state has the burden to prove the defendant is "guilty
beyond a reasonable doubt." After a conviction, that standard
disappears. The prisoner then has an uphill battle to prove that the
conviction was wrong or faulty.<br><br>
<b>A3N:</b> <i>When do you expect that an execution date will be
set?<br><br>
</i><b>LM:</b> As soon as Georgia announces that it has a protocol for
carrying out executions again, we expect an execution warrant to be
signed against Davis. From that point, an execution date could be two
weeks away.<br><br>
A couple months ago, the DEA seized Georgia's supply of lethal injection
drugs after a complaint was filed about how they accessed their supply of
Sodium Thiopental. Davis would already have received a date if this issue
was not at play. So time is very much of the essence.<br><br>
<b>A3N:</b> <i>What can our readers do to support Troy Davis right
now?<br><br>
</i><b>LM:</b> We know many people have signed the petition, but this is
a hugely important thing we need. If you have not signed the petition
this year, please sign it again -- by going to
<a href="http://www.justicefortroy.org/">www.justicefortroy.org</a> and
if you have signed it, please share it with ten friends and ask them to
do the same. You can print out the petition and circulate it. That's
downloadable from the website too.<br><br>
If you know clergy or legal professionals, ask them to please sign the
sign-on letters for Troy. And when a date is set, join us for an
international day of solidarity, where we will have demos around the
world in advance of Davis' clemency hearing to show the parole board that
the world is watching and demands a stop to the execution!<br><br>
<br><br>
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