California Votes to End Death Penalty

Letal Injection Table – punishablebydeath.wordpress.com

Last week, the attorney for convicted murderer Scott Peterson filed a thick packet of legal briefs calling for an appeal of his death sentence. For many, the heinous killing of Peterson’s wife Laci and unborn child makes him a poster child for the death penalty. Yet Peterson’s appeal, presumably the first of what will be many, could also be seen as the poster child against the death penalty.

Peterson’s lawyer argues, “The case against Mr. Peterson was anything but overwhelming …There were no eyewitnesses, no confessions, no admissions and scant physical evidence connected him to the crime.” Peterson’s attorney went on to allege incorrect rulings, juror misconduct, and a host of other errors in Peterson’s case which preventing his client from getting a fair trial.

This November, the Saving, Accountability, and Full Enforcement for California Act, or SAFE California Act, will appear on the ballot as a state measure (under the title Death Penalty Repeal). The official language of the bill states:

“Repeals death penalty as maximum punishment for persons found guilty of murder and replaces it with life imprisonment without possibility of parole. Applies retroactively to persons already sentenced to death. Requires persons found guilty of murder to work while in prison, with their wages to be applied to any victim restitution fines or orders against them. Creates $100 million fund to be distributed to law enforcement agencies to help solve more homicide and rape cases.”

A summary of the estimated fiscal impact of the bill was prepared by the California Legislative Analyst’s Office and the Director of Finance. According to the ballot: “Net savings to the state and counties that could amount to the high tens of millions of dollars annually on a statewide basis due to the elimination of the death penalty. One-time state costs totaling $100 million from 2012-13 through 2015-16 to provide funding to local law enforcement agencies.”

One of the state’s leading advocates for the repeal of the death penalty is the former warden of San Quentin and former Director of the California Department of Corrections and Rehabilitation, Jeanne Woodford. Woodford is now the Executive Director of Death Penalty Focus and, along with the ACLU, have led the way in getting the SAFE California Act on the ballot.

Backers of the measure have argued the total saving to the state could actually add up to $1billion over the next five years. Along with the costs associated with running the nation’s largest Death Row, the state will save hundreds of millions of dollars on defense lawyers, prosecutors, and other courtroom expenses involving the death penalty. “Our system is broken, expensive, and it always will carry the grave risk of a mistake,” said Woodford in a recent press statement.

It is that grave risk of mistake that often looms in the back of many of the advocates for ending the death penalty. The non-profit organization the Innocence Project has now help exonerate, using DNA testing and other top forensic methods, 292 convicted men, including 17 men sentenced to death. Many believe Texas has recently put to death several innocent men, including the cases of Carlos De Luna and Cameron Todd Willingham.

According to the Innocence Project, “The common themes that run though these cases – from global problems like poverty and racial issues to the criminal justice issues like eyewitness misidentification, invalid or improper forensic science, overzealous police and prosecutors and inept defense counsel – cannot be ignored and continue to plague our criminal justice system”.

Nonetheless, there are also outspoken opponents for ending the death penalty in California. Former Sacramento U.S Attorney and chairman of the Californians for Justice and Public Safety, McGregor Scott, argues the problem with the death penalty is not the law but rather the lawyers filing “frivolous appeals”.  In a statement, released immediately after the SAFE California Act was approved for the ballot, Scott writes:

“On behalf of crime victims and their loved ones who have suffered at the hands of California’s most violent criminals, we are disappointed that the ACLU and their allies would seek to score political points in their continued efforts to override the will of the people and repeal the death penalty.

Make no mistake; Californians are smart. They know the ACLU is the reason why California’s capital punishment system is costly and broken. Frivolous appeals, endless delays and the ongoing re-victimization of California is their status quo. Now they think they can fool voters by promoting an initiative that would reward cop-killers and child-murders under the guise of alleged cost savings. Voters know better. They oppose the ACLU, support the death penalty and will not be fooled by hollow promises and political rhetoric.

California’s public safety leaders will never forget crime victims or dishonor their memory. We will continue waiting for – and demanding – justice”.

Last month, Californian’s for Justice and Public Safety filed a lawsuit with the state Court of Appeals calling for the resumption of executions in California.  The suit argues that since the current three-drug method has been caught up in litigation and has caused many delays in executions, California should immediately move to a one-drug method, similar to that used in Ohio.

In light of the fact that the Innocence Project has exonerated 292 innocent people and many legal scholars believe Texas, amongst other states, have recently put to death innocent men, McGregor Scott’s recent lawsuit appears to many as an overzealous rush to put people to death. Currently, California has 725 inmates on Death Row. Do to the litigation surrounding the three-drug method and other appeals, California has not put anyone to death since 2006.

This November, California’s will have the opportunity to decide for themselves whether they want to continue to pay 100’s of millions of dollars on a broken criminal justice system, which has been shown over and over again to be marked by mistakes, or they can vote yes on the Death Penalty Repeal initiative found on their ballots.

Troy Davis: Reasonable Doubt

Troy Davis French poster

Today, I am updating and republishing much of an article I originally published 2 ½ years ago. Troy Davis has been sitting on Georgia’s death row for over twenty years. Davis was convicted of the shooting death of an off duty police officer, Mark MacPhail. Since his conviction, Davis has been appealing his case. Over the years, most of the so called “eye-witnesses” have recanted their testimony and evidence has surfaced implicating another man as the shooter, Sylvester Coles.

Davis’ attorney appealed their case all the way to the U.S. Supreme Court. In June, 2011, the Supreme Court refused to hear the case. An execution date of September 21, 2011 has now been set. Davis’ family is calling on people to sign a petition to the Georgia Board of Pardons and Paroles, which will hold a final clemency hearing just days from now.

The following text comes from my pervious article, which lays out the case for reasonable doubt. In order to be convicted of murder, a jury must find the accused guilty beyond a reasonable doubt. Since the trial, jury members have said had they known what they know now, there is no way Troy Davis would have been convicted of the crime. Judge for yourself:

(Originally published at BrooWaha, May, 2009.)

According to the Attorney General of the State of Georgia, Thurbert E. Baker, on August 19, 1989, at approximately 1:00 a.m., Troy Anthony Davis allegedly shot and killed Savannah Police Officer Mark MacPhail. At the time, MacPhail had just started his night job as a security guard at the Greyhound Bus Station across from a Burger King. At the restaurant, a fight ensued and Davis struck a homeless man with the back of a .38 special revolver. When Officer MacPhail approached the men fighting with his nightstick, Davis shot the officer twice before fleeing the scene.

At trial, the prosecution presented nine separate witness testimonies connecting Davis to the murder of MacPhail, the assault of the homeless man, and a shooting at a party that occurred a couple of hours earlier. One witness claimed that after Davis first shot the victim he walked up to the officer smiling and shot him one more time. Just to assure MacPhail’s death. In August, 1991, Troy Anthony Davis was convicted of murder and later sentenced to death. Davis maintains his innocence and has been appealing his sentence ever since.

http://law.ga.gov/00/press/detail/0,2668,87670814_87670929_121231342,00
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However, before, during, and after the trial, seven of the nine witnesses recanted their testimony. Pretty much all the witnesses are now saying the same thing. They claim the police strong-armed them into pointing the finger at Davis. Here is a typical affidavit from one of the seven witnesses, Jeffery Sapp;

“I remember when the officer got shot down at Burger King… The police came and talked to me and put a lot of pressure on me to say, ‘Troy said this’ or ‘Troy said that’. They wanted me to tell them that Troy confessed to me about killing that officer. The thing is, Troy never told me anything about it. I got tired of them harassing me, and they made it clear that the only way they would leave me alone is if I told them what they wanted to hear. I told them that Troy told me he did it, but it wasn’t true. Troy never said that or anything like it. When it came time for Troy’s trial, the police made it clear to me that I needed to stick to my original statement; that is, what they wanted me to say. I didn’t want to have any more problems with the cops, so I testified against Troy”. 

Even the homeless man that was assaulted that evening tells a similar story. Here is an excerpt from him, “They kept asking me what had happened at the bus station, and I kept telling them that I didn’t know. Everything happened so fast down there. I couldn’t honestly remember what anyone looked like or what different people were wearing. Plus, I had been drinking that day, so I just couldn’t tell who did what. The cops didn’t want to hear that and kept pressing me to give them answers. They made it clear that we weren’t leaving until I told them what they wanted to hear. They suggested answers and I would give them what they wanted. They put typed papers in my face and told me to sign them. I did sign them without reading them.”

All seven recanted statements are found in an Amnesty International USA (A.I.) report, Where Is The Justice For Me? The Case of Troy Davis, Facing Execution in Georgia. 

http://www.amnestyusa.org/document.php?lang=e&id=ENGAMR510232007

According to the report, one of the two remaining witnesses testimony is contradictory. In his initial statement, one of the men claimed he did not see the shooter. However in court, he pointed to Davis as the gunman. The only other witness against Davis is a man named Sylvester “Red” Coles. The day after the murder, Coles and his attorney went to the police and named Davis as the killer. Amnesty International claims that after Coles and his attorney pointed to Davis the police put blinders on went after Troy with the full force of the police department. They were determined to gain a conviction of a cop killer and the first guy fingered received their full attention. Overlooking all other possible suspects. Even though Troy Davis was the local basketball coach and Coles was well known in the community as a scary guy. Additionally, Coles admitted to owning a 38. caliber pistol, but claimed he lost the gun earlier that night.

Since the brutal murder of officer MacPhail, nine people have come forward and implicated Coles in the crime. Again, from the A.I. report, here is an example of the testimony that has surfaced. Testimony that was not heard by the jury which sentenced Davis to death. This is from a sworn affidavit given by Tonya Johnson, who lived near the Burger King:

“Sylvester Coles — we all called him Red — and a guy named Terry coming down the street from the Burger King. When I saw Red and Terry they were both in a panic and very nervous. Red and Terry each had a gun with them at that time. Red asked me to hold the guns for him, which I refused to do. Red then took both guns next door to an empty house and put them inside the screen door and shut the door… I have known Red all of my life. He used to live next door to me… For most of my life I have been scared to death of him. In fact, he threatened me after this happened. He told me that he wanted to make sure that I did not tell the police about the guns he hid in the screen door that morning. This is why I did not testify about the guns at Troy’s trial because I was afraid of what Red would do to me if I did. I have not told anyone about this until now because I was still scared… But I have decided that I must tell the truth.” 

Death Penalty Information Center reports that since 1973, 133 men on death row were found to be innocent. The latest acquittal came this week. Daniel Wade Moore was sentenced to death for the murder and sexual assault of Karen Tipton in 2002. Fortunately for Moore, he was able to prove to the appeals court that the prosecution withheld crucial evidence that exonerated him. Unfortunately for Davis, he was unaware of or unable to get the recanted witness testimony and the statements that actually implicates Cole, at the time of the trial. And once Davis lost his appeal in the state court, the federal appeals process can do little to introduce the recantations and additional statements. In April of this year(2009), the federal court rejected Davis’ final appeal.

http://www.deathpenaltyinfo.org/innocence-list-those-freed-death-row

Clemency from Georgia’s governor or the Board of Pardons and Parole is now Troy Davis’ only hope. Nonetheless, Davis’ list of supporters has grown long. Most notably the Pope, Jimmy Carter, Desmond Tutu, members of congress including John Lewis, Jessie Jackson Jr. and Shelia Jackson Lee and Senator Carol Moseley- Braun. Additionally, a host of religious and human rights organizations have all called for Davis’ appeals to be heard.

Troy Davis’ sister Martina has been a tireless advocate for her brother. Her website collects letters of support for Troy and shows videos of rallies and actions she has held around the world on her brother’s behalf. You can sign the family’s petition at this site:

http://www.troyanthonydavis.org/

Here is a quick link to Troy’s petition: Sign this petition now!

-Photo from troyanthonydavis.org’s website.